Patrick	J.	Marker Circle	Path	Media,	LLC Mailing: PO	Box	39
Mount	Vernon,	WA,	98273

360

- 421

- 5849 patrickmarker@gmail.com

November	1 7 ,	2015

U. S.	Department	of	Transportation Docket	Management	System 1200	New	Jersey	Ave. SE	Washington,	DC	20590

Petit ion	of	Circle	Path	Media,	LLC	for Exemption

Pursuant to	Section	333	of	the	FAA	Reform	Act

Pursuant	to	Section	333	of	the	FAA	Modernization	and	Reform	Act	of	2012	and	14	C.F.R.

Part	11 ,	Circle	Path	Media,	LLC	( hereinafter “CPMLLC”) hereby	applies	for	an	exemption

from the	listed	Federal	Aviation	Regulations	to	allow	commercial	operation	of its Small

Unmanned Aircraft	Systems	( hereinafter “UAS ”) ,	so	long	as	such	operations	are	conducted within	and	under	the	conditions	outlined	herein	or	as	may	be	established	by	the	FAA	as required by	Section	333.1

.

As	described	more	fully	below,	the	requested	exemption	would	permit	the	operation	of

CPMLLC’s small, lightweight	(less	than	50	pounds) unmanned UAS	under	controlled conditions	in	airspace	that	is	1)	limited	2)	predetermined	and	3)	contro lled.

The	proposed	exemption,	if	granted,	would	allow CPMLLC to	conduct	commercial operations while meeting	or	exceeding	all	of	the	operational	and	safety	requirements Congress	has	set	forth	in	Section	333.	Page	2. CPMLLC asks	that	if	any	part	of	this	re quest	is deemed	not	in	compliance,	that	part	be	removed	and	process	the	remaining	of	this	request as	applicable.

CPMLLC is	a	media/technology	company	owned	and	run	by Patrick	J.	Marker	( hereinafter “Marker”).	Marker has	been	active	in r adio

- controlled a ircraft	for	ov er ten	(10) years	with experience	in	fixed	wing	and	rotary	wing aircraft. Marker has extensive experience and knowledge	of	the unique	risks	and	problems	associated with low

- level	rotorcraft	aviation.

CPMLLC plans	to utilize the	capabilities	of its	UAS to offer	a	multitude	of	services,	including:

(1) Aerial S urveying	(primarily	ocean	shoreline	and	restoration	projects) (2) Event	Photography/Videography (3) Real	Estate	Photography (4) Construction	site	inspections	and	monitoring (5) News	GatheringStatut ory	Authority	Section	333,	titled	“Special	Rules	for	Certain	Unmanned	Aircraft Systems”,	provides	a	mechanism	for	seeking	expedited	FAA	authorization	of	safe	civil	UAS operations	in	the	NAS.	Section	333(a)	states	that	the	FAA	“shall	determine	if	certain

un manned	aircraft	systems	may	operate	safely	in	the	national	airspace	system	before completion	of	the	(comprehensive)	plan	and	rulemaking	required	by	section	332(b)(1)	of this	Act	or	the	guidance	required	by	section	334	of	this	Act.”	In	Section	332(b)(1),	Co ngress made	it	clear	that	Section	333	provides	a	mec hanism	for	“expedited	operation

authorization”	if	several	factors	are	met. CPMLLC meets	all	requirements	to	permit	FAA approval	of	commercial	UAS	operations.

Regulations	from	which	the	exemption	is	requ ested:

14	C.F.R.	Part	21 14	C.F.R.	45.23	(b) 14	C.F.R.	61.113(a)	and	(b)	14	C.F.R.	91.7	(a) 14	C.F.R.	91.9	(b)	(2)

14	C.F.R.	91.109

14	C.F.R.	91.119 14	C.F.R.	91.121Page	3 14	C.F.R.	91.151(a) 14	C.F.R.	91.203	(a)	&	(b)	14	C.F.R.	91.205	(b)

14	C.F.R.	91.2 15 14	C.F.R.	(91.401

- 91.417)

CPMLLC is petitioning	for	exemption	to	enable its	employee(s) to	operate its DJI	Inspire	1, DJI	Phantom	2, and DJI	Phantom	3 UAS

. Each	of	CPMLLC’s	UAS	ha s a failsafe	function	of	the autopilot	system	which	means	when	the	communication	between	the	Main	Con troller	and the	transmitter	is	disconnected,	the	outputs	of	all	command	sticks	from	controller	will	go	to the	center	position.	If	the	GPS	signal	is	good	enough,	the	system	will	automatically	trigger Return	to	Home	and	will	land	safely.

A p re

- flight	inspec tion is	and	will	continue	to	be performed	by CPMLLC in	accordance	with

each UAS ’s factory	instruction	manu al.

All UAS are	and	will	continue	to	be maintained	in	accordance	with	the	manufacturer ’s

instruction	manual.	O nly	manufacturer's	authorized	replaceme nt	parts	will	be	used.

FCC	Information

Th e transmi tters	used	for	controlling	the UAS	compl y with	part	15	of	the	FCC	rules. Operation	is	subject	to	the	following	two	conditions:

(1)	This	device	may	not	cause	harmful	interference,	and(2)	this	device must	accept	any	interference received,	including	interference	that may	cause	undesired	operation.

The wireless radio	transmitters	used	for	controlling	the	UAS	ha ve been	tested	and	found	to be	compliant	with	the	app licable	regulations	governing radio	trans mitters	in	the	2.400GHz to	2.4835GHz	frequency	range.

Pilot	in	Command	and	Observer	Qualifications	and	Duties

The Pilot	in	Command	(hereinafter	“ PIC ”) will	maintain	at	least	a	Sport	Pilot	Certificate	and

a	current	Class	III	medical	certificate	or	driver ’ s	license,	plus	at	least one	(1) hour of flying

time with	a	minimum	of	three (3) takeoffs	and	landings	within	the	previous thirty	(30) days in	the	type	of	UAS	utilized	in operations.

The	PIC	is	responsible	for	the	safe	and	efficient	operation	of	the	airc raft.	Specific	duties include	all	preflight	preparation,	in	flight	operation,	post	flight	requirements,	all procedures	including	but	not	limited	to:

(1) Safe I n

- F light Operation (2) Risk	Mit igation	to	Persons	and	Property (3)	Environmental Suitability

T he	Observer shall	have th e	visual	acuity	to	observe	the UAV	and	be	able	to	communicate clearly	with	the	PIC.

The	Obser vers	duties	include:

(1)	W arning	the	PIC	of	any	impending	obsta cles	in	the	flight	path	of	the UAS. (2)	W arning	the	PIC	of	any	deviations in the	planned	flight	path	of	the UAS. (3)	W arning	the	PIC	should	any	unauthorized	personnel or	obstacles	appear

.

The	Observer	will	have	the	authority	to	order	the	PIC	to	terminate	the	flight	should they feel	the	flight	can not	be	conducted	safely.

Gen eral	Operating	Standards

General	Operating	Standards	shall	include:

(1) CPMLLC	will	only	operate	its UAS	in	line	of	sight	of	a PIC and/or O bserver	and

wi ll	operate	at	sites	that	are	a	sufficient	distance from hazard areas.	Such	o perations

will	insure	tha t	the	UAS	will not	create	a	hazard	to	users	of	the	national airspace system	or	the	public.

(2) The UAS will	not	be	operated	at	an	altitude	of	over	400	feet	AGL.(3) Prior	to the UAS	be ing operated within	5 miles of	an	airport	with	a	control tower,	the	c ontrol	tower	will	be	called	to	gain	permission	to	operate	the UAS .	The PIC	will	give	the	position,	altitude	and	the	times	the UAS will	be	operated. (4)	Prior	to	the	UAS	being	operated within	5 miles of	an	airport	with out a	control

tower ,	airport	operators will	be	notified	and	the	PIC	will	give	the	right	of	way	to avoid	flying	in	the	proximity	of	full

- scale	aircraft.

(5)	At	no	time	will	the UAS	be	operated	within	the	final	approach	course	and	the takeoff	course	of	any	runway.

(6) Minimum	crew	for	each U AS	flight	will	consist	of	the	PIC	and Observer.

(7)	No	UAS	systems	shall	weigh	more	than	55	pounds, including any/all	payload.

(8)	PIC and Observer shall adhere	to	the	Reform	Act's	safety	requirements.

(9) the	PIC	will	maintain	a	separation	distance	of	at	least 5	cm	between	his	body (excluding	fing ers,	hands,	wrists,	ankles	and	feet)	and	the	antenna	to	meet	RF exposure	safety	requirements	as	determined	by	FCC	regulations.

EXEMPTION	REQUESTS	AND	EQUIVALENT	LEVEL	OF	SAFETY

CPMLLC requests	an	exemption	from	the	following	regulations	as	well	as	any	a dditional regulations	that	may	technically	apply	to	the	operation	of	the UAS System:

14	CFR	Part	21,	Airworthiness	Certificates

While	the	FAA	continues	to	work	to	develop	airworthiness	standards	for	Unmanned	Aerial Systems,	we	request	an	experimental	certificate	be	issued	under	either	or b oth	of	the following	provisions	of 21 .191	Experi mental	Certificates.

Experimental	certificates	are	issued	for	the	following	purposes:

(a)	Research	and	development. Testing	new	aircraft	design	concepts,	new	aircraft equipment,	new	aircraft	installations,	new	aircraft	operating	techniques,	or	new

uses for	aircraft.

(b)	Showing	compliance	with	regulations. Conducting	flight	tests	and	other operations	to show	compliance	with	the	airworthiness	regulations	including	flights to	show	compliance	for	issuance	of	type	and	supplemental	type	certificates,	flight s to	substantiate	major	design changes,	and	flights	to	show	compliance	with	the function	and	reliability	requirements	of	the	regulations.	Since	the	experimental certificate	can	be	used	for	commercial	purposes	such	as	market	surveys,	sales demonstrations,	a nd	customer	crew	training,	we	would	expect	that	an	experimental certificate	would	permit	our	commercial	purpose	as	well.	The	aircraft	will	not	carrypersons	or	property,	will	not	carry	fuel,	and	will	only	fly	under	strict	operational requirements.	Combined with	the	UA S 's	light	weight,	being	constructed	primarily	of carbon	fiber	and	plastic,	we	propose	that	the	UA S will	be	at	least	as	safe,	if	not	safer, than	a	conventionally	certificated aircraft	performing	the	same	mission.	If	an experimental	airworthiness certificate	is	not	appropriate	for	this	application,	then we	request	an	exemption	of	14	CFR	Part	21,	Subpart	H, and	the	requirement	for	an airworthiness	certificate	in	general,	citing	the	equivalent	level	of	safety	outlined	in the	previous	paragraph.

14 CFR	45.23	Display	of	marks;	general	and	45.29	Size	of	marks.

These	regulations	provide	that	each	aircraft	must	display	"N"	and	the	aircraft's	registration number	in	letters	at	least	3	inches	high.	Additionally,	the	aircraft	must	display	the	word

"EXPERIM ENTAL"	in	letters	at	least	2	inches	high	near	the	entrance	to	the	cabin,	cockpit,	or pilot	station.	The UAS does	not	have	an	entrance	in	which	the	word	"EXPERIMENTAL"	can be	placed,	and	may	not	have	a	registration	number	assigned	to	it	by	the	FAA.	We	propo se to	achieve	an	equivalent	level	of	safety	by marking the	word	"EXPERIMENTAL" on	the	top

of	the	aircraft where	the	PIC and Observer and	others	in	the	vicinity	of	the	aircraft	while	it is	preparing	for	launch	will	be	able	to	see	the	designation. In	additi on, when	applicable,	the

PIC	shall display	at	the	ground	station	a	high	contrast	flag,	sign	or	banner	that	contains	the

words	"Unmanned	Aircraft	in	Use"	in	letters three	(3) inches	high	or	greater.	Since	the aircraft	will	operate	within	Line	of	Sight	of	th e	ground	station,	the	banner	should	be	visible to	anyone	that	observes	the	aircraft	and	chooses	to	investigate	its	point	of	origin.

14	CFR	61.113	Private	pilot	privileges	and	limitations:	Pilot	in	Command	and

14	CFR 61.133 Commercial	pilot	privileges	an d	limitations.

The	regulation	provides	that	no	person	that	holds	a	Private	Pilot	certificate	may	act	as PIC of	an	aircraft	for	compensation	or	hire.	Subparagraph	(b)	allows	a	private	pilot	to	act	as PIC of	an	aircraft	in	connection	with	any	business	or	em ployment	if:	(1)	The	flight	is	only incidental	to	that	business	or	employment;	and	(2)	The	aircraft	does	not	carry	passengers or	property	for	compensation	or	hire. CPMLLC’s PIC	must	hold	at	least	a	Sport	Pilot

Certificate	with	a	Drivers	License	and	since	t he	aircraft	cannot	carry	passengers	or property,	we	feel	we	meet	the	intent	of	61.113	Subparagraph	(b)	even	though	the	intent	of this	application	is	to	conduct	a	business.

14	CFR	91.7	Prohibits	the	Operation	of	an	aircraft	without	an	airworthiness

certifi cate.

N o	such	certificate	will	be	appl icable	in	the	form	contemplated.

14	CFR	91.9	Civil	aircraft	flight	manual,	marking,	and	placard	requirements.

This	regulation	provides	that	no	person	may	operate	an	aircraft	unless	a	current,	approved flight	manual is	in	the	aircraft.	We	assume	that	the	intent	of	this	requirement	is	to	ensure that	flight	manual	information	is	available	to	the	air crew	while	operating	the	aircraft.	Werequest	an	exemption	to	this	requirement	since	the	aircraft	is	not	only	too	small	t o	carry documentation,	the	documentation	would	not	be	avai lable	to	the	crew	during	flight operations.	To	obtain	an	equivalent	level	of	safety	and	meet	the	intent	of	91.9,	we	propose that	a	current,	approved UAS Flight	Manual	be	available	to	the	crew	at	the ground	station anytime	the UAS is	in,	or	preparing	for,	flight.

14	CFR	91.109	Flight	Instruction;	Simulated	instrument	flight	and	certain	flight	tests

The	regulation	states	that	"No	person	may	operate	a	civil	aircraft	that	is	being	used	for flight	instr uction	unless	that	aircraft	has	fully	functioning	dual	controls." Any	t raining	will

be	conducted in	an	area	suitable	for	UAS	flight	and	the PIC trainer will	be	at	all	times	be

able	assume	control	of	the UAS

.

14 CFR 91.119	Min imum S afe A ltitudes:	General

The	regulation	states	that	over	sparsely	populated	areas	the	aircraft	cannot	be	operated closer	than	500	feet	to	any	person,	vessel,	vehicle,	or	structure.	Since	the	typical	mission	of

the UAS would	be	photography	or	survey	of	persons,	vessels,	vehicles	or structures	it would	be	necessary	to	operate	closer	than	500	feet	to	the	items	listed.	Operations	will	only be	flown	over	property	or	persons	where	permission	has	been	obtained	and	careful	pre

planned	flight	path	has	been	performed.	The	aircraft	will	be	op erated	at	a	low	altitude allowing,	if	a	power	unit	fails,	an	emergency	landing	without	undue	hazard	to	persons	or property	on	the	surface.	Therefore	we	maintain	that	due	to	the	small	size	of	the	UAS,	the hazard	to	persons,	vehicles	and	structures	is	minima l	compared	to	manned	aircraft,	which should	be	considered	in	granting	the	exemption.

14 CFR	91.121	Altimeter Settings

The	regulation	requires	that	aircraft	shall	maintain	cruising	altitudes	by	reference	to	an

altimeter setting	available	within	100	NM	of the	aircraft. CPMLLC’s UAS shall	not	fly	at	or

above	400	feet	AGL	and	the	PIC	and	Observer	shall maintain a	cruising	altitude	and	fly	path

which prevent	conflict	with	other	aircraft or	obstacles

.

14	CFR	91.151	Fuel	requirements	for	flight	in	VFR conditions

The	regulation	provides	that	no	person	may	begin	a	flight	in	an	airplane	under	day

- V FR conditions	unless	there	is	enough	fuel	to	fly	to	the	first	point	of	intended	landing	and	to	fly

after	tha t	for	at	least	30	minutes.	We	feel	the	intention	of	this	paragraph	is	to	provide	an energy	reserve	as	a	safety	buffer	for	delays	to	landing.	The UAS is	battery	operated	and	the maximum	duration	of	flight	from	a	single	battery	charge	is	20	minutes	with	a	25 %	reserve. Since	the	aircraft	will	never	fly	more	than	line	of	sight	from	the	point	of	intended	landing,	a full	battery	charge	at	launch	will	ensure	that	we	meet	the	reserve	energy	requirement	of this	paragraph.	We	request	an	exemption	to	the	word	"fuel"	a nd	ask	for	an	equivalent interpretation	with	the	word	"energy ."

14	CFR	91.203(a)	&	(b)	Civil	ai rcraft:	Certifications	requiredThe	regulation	provides	that	an	airworthiness	certificate,	with	the	registration	number assigned	to	the	aircraft	and	a	registra tion	certifica te	must	be	aboard	the	aircraft. Additionally,	subparagraph	(b)	provides	that	the	airworthiness	certificate	be	"displayed	at the	cabin	or	cockpit	entrance	so	that	it	is	legible	to	passengers	or	crew." CPMLLC’s	UAS are

too	s mall	to	carry	docume ntation,	do not	have	an	entrance,	and are not	capable	of	carrying passengers	or	crew.	To	obtain	an	equivalent	level	of	safety	and	meet	the	intent	of	91.203, we	propose	that	documents	deemed	appropriate	for	this	aircraft	by	the	FAA	will	be	with

the	crew	at the	ground	control	station	and	available	for	inspection	upon	request.

14	CFR	91.205(a),	(b),	(c)	Instrument	and	Equipment	Requirements

This	regulation	provides	a	minimum	set	of	instruments	and	equipment	required	for	day and	night	VFR	flight.	Due	to	the	s mall	size	of	the UAS it	would	be	impossible	to	carry	many

of	these	instruments.

Of	note:

91.205(b)	1	is	not	applicable	as	the	maximum	available	speed	of	the UAS is	less	than the	maximum	required	by	this	exemption	and	has	no	effect	on	performance.

91.2 05	(b)	2,3,9	are	provided	on	the	hand	held	controller.

91.205	(b)	4,5,6,7,8,13,14,16,17	are	not	applicable	as	the UAS has	no r eciprocating engines	or	seats.

91.205	(b)	10	is	not	applicable	as	the	landing	gear	position	can	be	verified	visually

before	la nding.

91.205	(b)	15	Due	to	the	size	it	would	be	impossible	for	the UAS to	carry	any	known

ELT.

91.205	(c)	Much	of	this	equipment	is	too	heavy	to	be	carried	by	the UAS .	We	feel

that	visual	contact	with	the UAS and	indications	provided	via	the	controlle r	that	all

critical	information	can	be	monitored.

14	CFR	Subpart	E	(91.401

- 91.417)

- Maintenance,	Preventive	Maintenance,

Alterations

The	regulation	provides	that	the	operator	is	primarily	responsible	for	maintaining	the aircraft	in	an	airworthy	conditio n,	including	compliance	with	part	39	and	43.	Paragraphs

91.407	and	91.409 require	that	the	aircraft	be	"approved	for	return	to	service	by	a	person authorized	under	43.7"	after	maintenance	and	inspection.	It	is	our	intention	that	the	PIC perform	maintenance and	inspection	of	the	aircraft	and	"be	authorized	to	approve	the

aircraft	for	return	to	service."The	PIC	will	ensure	that	the	aircraft	is	in	an	airworthy	condition	prior	to	every	flight	and	in addition	conduct	detailed	inspections	after	every	two	hours of	flight.	Maintenance performed	by	the	PIC	is	limited	to	repairing	small	cracks,	replacing	a	propeller,	checking electrical	connections	and	updating	software	and	firmware	for	the	on

- board	computer.	All other	maintenance	will	be	performed	by	the	manufactu rer	or by	a	designated repair facility.	We	feel	that	due	to	the	size,	construction,	and	simplicity	of	the	aircraft,	the	PIC	can ensure	an	equivalent	level	of	safety.

Safety	and	Benefits	of	the	UAS

CPMLLC will	be	using	the	UAS	in	a	variety	of	applications that	generally	require	expensive

full

- size	manned	aircraft	to	complete.	Small,	light,	unmanned	aerial	vehicles	offer	myriad

benefits	over	the	u se	of	full

- sized	manned	aircraft

.

Replacing	significantly	larger	manned	aircraft	carrying	crew	and	flammable	f uel	with	small UAS	carrying	no	passengers	or	crew	creates	a	much	greater	margin	of	safety	for	the	pilots and	crew.	By	granting CPMLLC ‘s	requested	exemptions,	the	FAA	will	help	drive development	of	safe	and	successful	commercial	UAS	operations	and	will	adva nce	the	public knowledge	base	for	such	operations. CPMLLC is	committed	to	promoting	the	UAS	research efforts	of	policymakers	including	the	FAA,	NASA,	DOD	and	DARPA	by	sharing	data	from	its commercial	UAS	operations	and	serving	as	a	resource	for	future	UAS research	operations.

Conclusion

As	pointed	out	in	this	application, CPMLLC’s UAS are	small,	light

- weight	devices	operated within	the	line	of	sight	of	the	Pilot

- in

- Command	(PIC), at	an	altitude	of less than	400	feet above	the	ground	and	outside	5	miles	from	any	airport,	heliport,	seaplane	base,	spaceport, or	other	location	with	aviation	activities,	unless	the	air	traffic	control	authorities	(ATC) have	been	notified	and	have	authorized	each	flight	within a	radius	of	this	distance.

CPMLLC’s UAS have	proven	capability	for	controlled	flight.	They	are	devices	offered	for general	sale	on	the	market	around	the	world	and	have	often	been	used	as	Model	Aircraft	in

the	USA.	We	are	certain	that	the	studies	conducted by	the	FAA have	already	provided it

with	the	assurances	on	the	airworthiness	of UAS such	as	ours.

For	the	foregoing	reasons,	the	exemptions	requested	herein	should	be	granted CPMLLC should	be	permitted	to	conduct	small	UAS	operations	in	accordance	with	i ts	manuals	and all	other	operating	parameters	deemed	necessary	and	appropriate	by	the	FAA.	The submission	of	this	application	and	its	contents	is	the	best	demonstration	that	indeed	it	is possible	to	pursue	the	authorization	process	so	that	some UAS may	be used	for	legitimate commercial	activities	and	under	reasonably	safe	conditions.	If	any	individual	aspect	of	this request	for	exemption	be	unacceptable	we	ask	that	it	be	struck	alone	and	the	remainder	of the	exemption	be	allowed	as	requested.

Patric k	J	Marker Circle	Path	Media,	LLC