Stephen Burtt

ATI CEO

Aerial Technology International, LLC

9053 SE Jannsen Rd.

Clackamas, Oregon 97015

Tel (971) 303-9981

The Honorable Anthony R. Foxx

Office of the Secretary

US Department of Transportation

1200 New Jersey Ave., SE

Washington, DC 20590

The Honorable Michael P. Huerta

Office of the Administrator

Federal Aviation Administration

800 Independence Avenue SW

Washington, DC 20591

May 4, 2015

RE: Aerial Technology International LLC sUAS Airworthiness Exemption Petition for

FMRA 2012 Sec 333 Exemption

Gentlemen:

Aerial Technology International, LLC (‘ATI’) hereby petitions the FAA for regulatory relief pursuant to Section 333 of P.L. 112–95 333 and 14 C.F.R. Sec. 11.81 to conduct commercial flights

with ATI sUAS and to pursue research and development of ATI sUAS. Attached, therefore, is a

request for exemption from airworthiness and specific Title 14 C.F.R. provisions for the types of

sUAS and sUAS operations described in this Section 333 exemption petition. Specifically, we request the airworthiness exemptions for ATI sUAS for the purposes of commercial film and video,

photography, agricultural mapping, and surveying, and infrastructure inspections. The FAA has

issued grants of exemption in circumstances similar in all material respects to those presented in

this petition, specifically Exemptions No. 11136, 11193, 11170, 11194, 11192, 11177, and 11166

(precision agriculture); No. 11066, 11150, 11062, 11080, 11160, 11067, 11178 (film&videography);

No. 11171, 11185, 11184, 11156, 11110, 11112 (mapping and inspections). We therefore request

that our petition be granted without delay.

Background

This petition seeks authorization to operate the ATI sUAS described in this petition within restrictedaccess areas. These areas of operations include rural, agricultural areas similar to areas described

in Exemption No. 11136, 11193, 11170, 11194, 11192, 11177, and 11166. Restricted access areas

would also include areas restricted for film, photography, infrastructure inspection, and real estate

videography purposes. Our operations will generally fall within conditions of the blanket COA

provided with the 333 grant. For any other operation, a civil COA will be sought.

Generally, ATI sUAS operations will be below an altitude of 200 ft. AGL, within specific accessrestricted areas, either within Class G airspace or with the permission of the ATC, using sUAVs

operated by ATI-qualified sUAS pilots, and within the visual line of sight of the operator and
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observer. These operational limitations are in accordance with both recently granted petitions as

well as the Small UAS NPRM release February 15th, 2015. The UAVs described in this proposal

are of small size and weight (less than 55 lb.), only capable of relatively slow speeds (top speed of a

UAV to be deployed under this petition is less than 100 mph.) and, as demonstrated in this petition

and accompanying General Operating Manual (provided confidentially under separate cover), do

not pose a threat to the safety of the NAS, persons on the ground, or national security.

This petition seeks authorization to conduct commercial services, commercial training, and R&D

flights according to the terms of this petition and the ATI General Operations Manual (‘ATI Manual’) which is composed of (1) an operations manual, (2) flight manuals for each of the ATI models;

(3) an Operator Training Manual, and (4) a Maintenance and Inspection Manual. Please note that

the ATI Manual (including all of the above listed components) are clearly marked “Confidential” on

each page and contain confidential commercial and proprietary information that ATI has not and

will not share with others who are not subject to a “Nondisclosure Agreement” (NDA). Therefore,

the ATI Manual (including all components) are not available to the public and contain operating

conditions, procedures and other information that are protected from public release or disclosure

under the Freedom of Information Act 5 USC Sec. 552 et seq.

Why we require an exemption

ATI requires exemption from 14 CFR airworthiness and other requirements for both commericial operations and development of new UAS for the several types of operations including; R&D, training,

precision agriculture services, infrastructure inspection, and various filming and surveying services.

Commercial Operations

All commerical SUAS operations require an exemption under current FAA regulations. ATI therefore requests an airworthiness exemption for the specific types of sUAS described in this petition in

order to carry sensor packages, e.g. film and video equipment under the conditions and operating

limitations outlined below and described in the ATI Manual. ATI intends to operate these sUAS to

provide services to farms in the United States in order to increase crop yields, and reduce water use,

and enhance agricultural efficiency. It is imperative for the economic well-being of US farmers that

the low-risk application of efficiency-enhancing and cost-reducing UAS technology in US agriculture

be permitted, especially during drought conditions such as are being faced in many areas today.

In addition, ATI intends to provide infrastructure inspection services including; bridge, powerline,

power pole, and wind turbine inspection, as well as commercial film and real estate videography

services.

Precision Agriculture

ATI unmanned systems simplify and increase the accuracy of data collection in precision agriculture,

infrastructure inspection, and aerial filming. ATI Ag Drones provide useful data that enable farmers,

viners and ranchers the ability to make cost-effective, proactive, decisions based on information

provided through video, infrared, multispectral and hypersprectral imaging. The data collected

from our Ag Drones can be used to identify insect problems and water issues, assess crop yields,

determine correct harvest times, track cattle, inspect fence lines, etc. that aid farmers to protect

and manage their investments. ATI also intends to use our Ag Drones to provide turn key services

to improve agriculture nationwide.
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Training and Education

An integral part of the intended ATI service offering is ensuring that purchasers of UAVs built

by ATI are fully qualified on the aircraft. ATI will provide mandatory operational training on all

professional aircraft sold to customers. This improves safety and security as well as reducing the

likelihood of unsatisfied customers. However, in order to perform this commercial flight training we

require an exemption.

Research and Development

ATI also designs and manufactures UAS and therefore needs to be able to rapidly iterate upon and

test our innovative designs. Unlike manned aircraft testing, which generally only requires airspace

away from air traffic above low-risk areas and which is mainly indifferent to the underlying terrain;

testing our sUAS requires access to real areas of operation, i.e. farms, power lines, etc. in order to

evaluate the low-altitude, context-dependent performance of both our aircraft and our sensors. For

example, multiple, real-world farms growing multiple varieties of crops are a requirement for the

functional testing of our aircraft.

Unfortunately, FAA Order 8130.34C for a Special Airworthiness Certificate: Experimental Category

does not authorize the necessary variations in aircraft characteristics, systems, or test ranges to

meaningfully test these sUAS and to iterate efficiently.

Therefore, to gain the meaningful data about sUAS features necessary for developing a program

for safe and efficient sUAS operations, an exemption is required that authorizes R & D: 1) across

a range of ATI models and prototypes, 2) in a variety of locations (subject to the restrictions

outlined in this petition), and 3) for iterating on the systems, sensors, and airframes on an ongoing

basis. Without this exemption the regulatory requirements for a Special Airworthiness Certificate,

Experimental Category (SAC-EC) are overly burdensome because they forbid the necessary R &

D; i.e. rapid iterations on early prototypes. Finally, as the FAA is well aware, the SAC-EC does

not authorize commercial operations of the type described above such are required for ATI research

and development.

The types of sUAS for which ATI requests exemptions

ATI designs and manufacturers sUAS that are low kinetic energy; these sUAS are approximately

equivalent in size and performance to the US Air Force “Micro UAS” class of UAS. Specifically, these

sUAS are small ( < 2 meter in largest dimension), light-weight (⇠ 55 lb. or less ), slow-moving (less

than 100 mph) and operate close to the ground (< 500 ft. AGL).

We believe that ATI sUAS meet the standard provided by Section 333 of the FMRA for a UAS to

operate safely within the National Airspace prior to the completion of FMRA’s required rule-making.

Section 333 describes seven minimum criteria to determine whether an sUAS may operate safely in

the NAS without creating a hazard or posing a threat to national security. These criteria comprise

size, weight, speed, operational capability, operation in close proximity to airports, operation in

close proximity to people, and operation within visual line of sight. ATI’s sUAS are of a type and

scale that meet these criteria and are equivalent to those for which FAA has recently granted Sec

333 exemptions (see Ex. No. 11136, 11193, 11170, 11194, 11192, 11177, 11166) and, similarly, are

not anticipated to create a hazard to users of the National Airspace System (“NAS”), persons on the

ground, or pose a threat to national security. Basic characteristics of the ATI UAVs are summarized

in the table ATI SUAS (Table 1).
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Table 1: ATI SUAS

SUAS type Max Weight Max Speed

AgBot small quadcopter 12 lb 15 meters/sec

Thor X4 large octocopter 50 lb 25 meters/sec

AgGasser large single rotor 50 lb 30 meters/sec

Information Supporting this Petition as Specified in 14 C.F.R. Sec. 11.81

This section responds to the specific requirements of 14 CFR Sec 11.81. The attached Exhibit A

presents an analysis of the CFRs for which exemptions are requested.

(a) Mailing address and other contact information such as a fax number, telephone

number, or email address copy.

Aerial Technology International, LLC

ATTN: Stephen Burtt

9053 SE Jannsen Rd.

Clackamas, Oregon 97015

Email: stephen@aerialtechnology.com

(b) The specific section or sections of 14 C.F.R. from which ATI seeks an exemption

• Part 61 Certification: Pilots, Flight Instructors, and Ground Instructors

• §61.113(a) Private pilot privileges and limitations

• Part 67 Medical Standards and Certification

• §91.7(a) Civil aircraft airworthiness

• §91.119(c) Minimum safe altitudes

• §91.121 Altimeter settings

• §91.151 Fuel requirements for flights in VFR conditions

• §91.405 Maintenance required

• §91.407 Operation after maintenance

• §91.409 Inspections

• §91.417 Maintenance records

(c) The extent of relief ATI seeks, and the reason ATI seeks the relief

An exemption is required because current FAA regulations do not allow commercial use of sUAS

in the NAS, or for appropriate research and development of sUAS. ATI requests an airworthiness

exemption for the specific types of sUAS described in this petition to carry sensor packages under the

conditions and operating limitations outlined below and described in the ATI Manual. In addition,
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ATI is developing sUAS and sUAS software, so that sUAVs may fly safely and predictably in the

NAS. In order to develop and test these sUAS under the variety of operational conditions that a

sUAS will face in the NAS, it is necessary to test variations on aircraft characteristics and operating

systems in different, and real-world test environments. FAA regulations in FAA Order 8130.34C for

a Special Airworthiness Certificate: Experimental Category do not authorize the necessary rapid

modifications of aircraft characteristics and associated systems to sufficiently and efficiently test

these sUAS.

Therefore, to gain meaningful data about the necessary features for safe and efficient sUAS operations, an exemption is necessary : 1) to operate a range of sUAS models and prototypes, 2) in

a variety of locations (subject to the restrictions outlined in this petition), 3) to be permitted to

adjust the systems and airframes tested on an ongoing basis, and 4) for both research and commercial use. Finally, as the FAA is well aware, the exemption is necessary because the SAC-EC does

not authorize commercial operations of the type sought here, which is required for ATI to develop

accurate data about the types of sUAS that are best suited for safe and effective operations. The

attached document “Information Supporting Petition” details the extent of relief and reason for

each FAR.

(d) The reasons why granting ATI’s request would be in the public interest; that is,

how it would benefit the public as a whole

The proposal is designed to establish a reasonable methodology to test specific types and platforms

of sUAS, in a variety of environments, and to enable the safe and efficient deployment of commercial

sUAS for agricultural purposes. The outputs of safe, reliable, and regulatory compliant operations

of sUAS provide economic benefits historically unparalleled since the invention of flight, benefitting

stakeholders at every level, both public and private. Lawful, safe aerial robotics operations will create new high-tech employment that will stimulate city and state governments; improve agriculture,

create new small and large businesses; infuse new interest in STEM for children; and increase the

safety of citizens through enhanced first-responder capabilities.

Specifically, sUAS-supported precision agriculture has the promise of dramatically increasing crop

yields by identifying which crops are ready to be harvested, reducing farming uncertainty by providing better data to inform yield estimates, and reducing inefficiencies in inputs by identifying

precisely where and when crops need to be treated or irrigated. Crops can even be protected from

depredation by birds by harmlessly shepherding the birds away from the fields. This is a much

more sustainable method of mitigating the impact of wildlife to crops than other methods. And

these are only a few of the many benefits that sUAS enabled precision agriculture will create and

are creating now.

In addition, sUAS-enabled infrastructure inspection directly reduces the risks incurred with traditional means of inspections - such suspending an inspector on a rope or raising them on a craneas well as decrease the costs associated with inspections. The decreased cost will not only provide

direct economic benefits to our clients in terms of cost savings, but the reduced cost will encourage

more frequent inspections.

Finally, aerial filming is widely performed by manned helicopters flying in close proximity to buildings, vehicles, film crews, and actors. In case of accident, the hazards posed by a helicopter in such

an environment are considerable. The FAA has found that the enhanced safety achieved using an

unmanned aircraft with the specifications described by the petitioner and carrying no passengers or
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crew, rather than a manned aircraft of significantly greater proportions and weight, carrying crew

in addition to flammable fuel, gives the FAA good cause to find that the UAS operation enabled

by this exemption is in the public interest.

Grant of this petition would enable the research and operational development of sUAS to enable the

safe and efficient acceleration of these significant public benefits to American farmers, consumers,

and to the United States public as a whole, and therefore is in the public interest.

(e) The reasons why granting the exemption would not adversely affect safety, or how

the exemption would provide a level of safety at least equal to that provided by the

rule from which ATI seeks the exemption

ATI operations will provide a level of safety that is equivalent to current aviation standards. ATI’s

safety procedures, risk assessments, and flight operations standards are described in detail in the

accompanying ATI Operations Manual. In brief, the following procedures that apply during operations conducted under this exemption request, establish an equivalent level of safety (ELOS) as

follows:

1. The ATI sUAS are less than 55 pounds with maximum speeds well under 100 mph.

2. All ATI sUAS will be U.S. registered and display marks either in accordance with 14 C.F.R.

Part 45, Subpart C or approved alternative markings.

3. ATI sUAS operations under this exemption will be generally conducted within the visual line

of sight of the pilot operator, at less than 400 feet AGL, and within Class G airspace. In

addition, operations in controlled B,C, or D airspace will be conducted in coordination with

ATC with prior permission.

4. Consistent with the recently issued Section 333 Exemption No. 11062 (Astraeus Aerial) and

others, ATI operations will be conducted in defined regions and over property authorized for

this use by the landowner. All operations will remain within the geographic boundaries of

the operating area. It is anticipated that most ATI operations may be conducted within the

limitations of the blanket COA authorization provided with 333 grants as of 3–23–2015.

5. sUAS operations under this exemption will be conducted under the supervision of a designated

pilot in command (PIC) who has final responsibility for the operation and in accordance with

14 C.F.R. 91.3. See the Pilot Requirements section below. All sUAS operators and observers

must have completed training on the normal, abnormal, and emergency procedures in the

ATI Manual, demonstrated proficiency with the sUAS being operated, and passed the Private

Pilot FAA Ground School knowledge test. All ATI pilots will be required to pass a background

check as provided by the TSA PreCheck program.

6. Operators and engineers will maintain the sUAS system in a condition for safe operation

according to the ATI Manual and associated manufacturer’s maintenance manuals, including

pre-flight and post-flight inspections.

7. The PIC and observers will maintain situational awareness and perceive, process, and perform

risk management prior to and during each operation as described in the ATI Manual. The

PIC will terminate the operation in accordance with the ATI Manual if hazards that cannot

be acceptably mitigated are observed.

ATI sUAS Airworthiness Exemption

Petition

Information Supporting Petition v1.0

May 4, 2015
May 4, 2015

ATI Petition ii
Table of Contents

Table of Contents 1

1 Specific Exemption Requests 3

1.1 Part 61, Certification: Pilots, Flight Instructors, and Ground Instructors ............... 3

1.1.1 Extent of Relief ............................................ 3

1.1.2 Reason for Relief ........................................... 3

1.1.3 Equivalent Level of Safety ...................................... 3

1.2 §61.113 Private pilot privileges and limitations: Pilot in command. .................. 3

1.2.1 Extent of Relief ............................................ 3

1.2.2 Reason for Relief ........................................... 4

1.2.3 Public Benefit ............................................. 4

1.2.4 Equivalent Level of Safety ...................................... 4

1.3 §91.7 Civil aircraft airworthiness. ...................................... 4

1.3.1 Extent of Relief ............................................ 4

1.3.2 Reason for Relief ........................................... 4

1.3.3 Equivalent Level of Safety ...................................... 4

1.4 §91.119, Minimum safe altitudes: General. ................................ 4

1.4.1 Extent of Relief ............................................ 4

1.4.2 Reason for Relief ........................................... 5

1.4.3 Equivalent Level of Safety ...................................... 5

1.5 §91.121 Altimeter Settings .......................................... 5

1.5.1 Extent of Relief ............................................ 5

1.5.2 Reason for Relief ........................................... 5

1.5.3 Equivalent Level of Safety ...................................... 5

1.6 §91.151, Fuel requirements for flight in VFR conditions. ........................ 5

1.6.1 Extent of Relief ............................................ 5

1.6.2 Reason for Relief ........................................... 5

1.6.3 Equivalent Level of Safety ...................................... 6

1.7 §91.405, §91.407 §91.409 §91.417; Inspection and Maintenance Programs ............. 6

1.7.1 Extent of Relief ............................................ 6

1.7.2 Reason for Relief ........................................... 6

1.7.3 Equivalent Level of Safety ...................................... 6

1
May 4, 2015

ATI Petition 2
Section 1

Specific Exemption Requests

ATI’s reasons and explanation for requesting each exemption are presented below. In addition, we describe how

we will maintain an equivalent level of safety to existing regulations for manual operation of manned aircraft,

insofar as existing regulations apply to sUAS or sUAS operations.

1.1 PART 61, CERTIFICATION:PILOTS, FLIGHT INSTRUCTORS, AND GROUND

INSTRUCTORS

1.1.1 EXTENT OF RELIEF

Part 61, all sections.

1.1.2 REASON FOR RELIEF

Because the UAS will not carry a pilot or passengers, the proposed operations can achieve the equivalent level

of safety of current operations by requiring the PIC operating the aircraft to have at least a sport pilot’s license

rather than a commercial pilot’s license to operate these sUAS.

1.1.3 EQUIVALENT LEVEL OF SAFETY

Unlike a conventional aircraft that carries the pilot and passengers, the sUAS is remotely controlled with no living

thing on board. The area of operation is controlled and restricted, and all flights are planned and coordinated in

advance as set forth in the GOM. The level of safety provided by the requirements included in the GOM exceeds

that provided by a single individual holding a commercial pilot’s certificate operating a conventional aircraft. The

risks associated with the operation of the sUAS are so diminished from the level of risk associated with commercial operations contemplated by Part 61 when drafted, that allowing operations of the sUAS as requested with

a sport pilot certificate as the PIC exceeds the present level of safety achieved by 14 C.F.R. §61.113 (a) & (b).

1.2 §61.113 PRIVATE PILOT PRIVILEGES AND LIMITATIONS: PILOT IN

COMMAND.

1.2.1 EXTENT OF RELIEF

Relief from requirement to possess a private or commercial pilot’s license for aerial work such as aerial survey

and mapping.

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May 4, 2015

1.2.2 REASON FOR RELIEF

§61.113 (a) stipulates that a holder of a private pilot certificate may not act as a pilot in command of an aircraft for

compensation or hire; (b) states that a private pilot may act as PIC if the flight is incidental to business and does

not carry passengers or property. Furthermore, N–8900.227 “Unmanned Aircraft Systems (UAS) Operational

Approval” paragraph 16(c)(2)(c) “Operations without a pilot certificate” states that a operations which conform

to said paragraph may be performed by a PIC that does not possess a private pilots license but that has completed

FAA private pilot ground instruction and passed the FAA Private Pilot written test. In addition, there is no means

currently of obtaining a commercial rating for UAS. Thus, we require relief in order to perform aerial work.

1.2.3 PUBLIC BENEFIT

As described above, the public benefit includes exponential economic growth, enhanced safety, and improved

precision agriculture capabilities.

1.2.4 EQUIVALENT LEVEL OF SAFETY

Our operations fullfill all the requirements in N–8900.227 16(c)(2)(c) for operations without a private pilots license.

1.3 §91.7 CIVIL AIRCRAFT AIRWORTHINESS.

1.3.1 EXTENT OF RELIEF

91.7, all provisions.

1.3.2 REASON FOR RELIEF

Should the exemption be granted allowing commercial operation of the sUAS without an airworthiness certificate, no standard will exist for airworthiness of the sUAS.

1.3.3 EQUIVALENT LEVEL OF SAFETY

Given the size and weight of these aircraft and the requirements contained in the GOM, an equivalent level of

safety will be achieved by insuring compliance with the sUAS user manuals prior to each flight.

1.4 §91.119, MINIMUM SAFE ALTITUDES: GENERAL.

1.4.1 EXTENT OF RELIEF

Section 91.119 establishes safe altitudes for operation of civil aircraft. 91.119(c) limits aircraft flying over areas

other than congested areas to an altitude of 500 feet above the surface, except over open water or sparsely

populated areas, and the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or

structure.

ATI Petition 4
May 4, 2015

1.4.2 REASON FOR RELIEF

To provide for these operations, the sUAS are normally operated at or below 400 feet AGL. In addition, due to

the nature of the proposed operations, the PIC and the observer may at times be less than 500 feet away from

structures during the operation.

1.4.3 EQUIVALENT LEVEL OF SAFETY

The equivalent level of safety will be achieved given the size, weight, and speed of the UAS as well as the location where it is operated. No flight will be taken without the required permission of the property owner or

local officials. Because of the advance notice to the property owner and participants in the aerial activity, all

affected individuals will be aware of the planned flight operations. Compared to flight operations with aircraft

or rotorcraft weighing far more than the maximum 55lbs. described above and the lack of flammable fuel, any

risk associated with these operations is far less than those presently conducted with conventional aircraft operating at or below 500 AGL in other industries. In addition, the low-altitude operations of the sUAS will ensure

separation between these sUAS operations and the operations of conventional aircraft that must comply with

Section 91.119.

1.5 §91.121 ALTIMETER SETTINGS

1.5.1 EXTENT OF RELIEF

§91.121

1.5.2 REASON FOR RELIEF

As the sUAS may not have a barometric altimeter, but instead a GPS altitude read out, an exemption may be

needed.

1.5.3 EQUIVALENT LEVEL OF SAFETY

An equivalent level of safety will be achieved by the operator, pursuant to the Manual and Safety Check list,

confirming the altitude of the launch site shown on the GPS altitude indicator before flight.

1.6 §91.151, FUEL REQUIREMENTS FOR FLIGHT IN VFR CONDITIONS.

1.6.1 EXTENT OF RELIEF

§91.151, all provisions.

1.6.2 REASON FOR RELIEF

The provision requires fuel sufficient for one half hour flight beyond the destination. These sUAS, including today’s longest endurance platforms, are unable to meet this requirement because of limited max flight times.

ATI Petition 5
May 4, 2015

1.6.3 EQUIVALENT LEVEL OF SAFETY

An equivalent level of safety can be achieved by limiting flights for the sUAS according to the safety limitations

described in the GOM. This restriction would be more than adequate to return the sUAS to its planned landing

zone from anywhere in its limited operating area.

1.7 §91.405, §91.407 §91.409 §91.417; INSPECTION ANDMAINTENANCE

PROGRAMS

1.7.1 EXTENT OF RELIEF

§§ 91.405, Maintenance required; 91.407, Operation after maintenance, preventive maintenance, rebuilding,

or alteration; 91.409, Inspections; and 91.417, Maintenance records.

1.7.2 REASON FOR RELIEF

The part 91 provisions are not applicable to a sUAS of the described weight class. Furthermore, FAA certified

mechanics for sUAS do not at this present time exist, so full compliance is not possible. The sUAS flown are modular and as such entire components including engines and propellers are minor replacements rather than major

repairs. Finally, continuous minor alterations and payload reconfigurations of sUAS are designed and required

for the operation of sUAS and do not negatively impact airworthiness.

1.7.3 EQUIVALENT LEVEL OF SAFETY

Inspection and maintenance manuals are used to maintain the sUAS in airworthy condition. Each sUAS is maintained according to the manufacturer standard or higher by technicians proficient in the building, repair, and

maintenance of the sUAS. Inspection and Maintenance manuals utilized contain all aircraft-relevant items as

described in (43 Appendix D (Scope and Detail of Items). Maintenance records are maintained in SkyWard Operations Database Appendix B (Recording of Major Repairs and Major Alterations) and are therefore immediately auditable by regulators on demand. Finally, SkyWard manuals will be submitted to the local FSDO ASI or

other appropriate FAA division directly.

ATI Petition 6