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March 2, 2016

U. S. Department of Transportation 

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

Re: Exemption Request Section 333 of the FAA Reform Act of 2012 

The name and address of the applicant is:

Mr. Thomas W Range II

40 Chemung Rd.

Meredith, NH 03253

PH: 603-707-2272

Email: tra3dc@aol.com

Air-Terra 3D LLC.

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) and 14 

C.F.R. Part 11, Thomas W Range II, Robert Quint and Joshua Poitras primary owners combine to form

Air-Terra 3D LLC., a planning, survey, photography, and engineering inspection consultation entity, 

hereby applies for an exemption from the listed Federal Aviation Regulations ("FARs'') to allow 

commercial operation of its Small Unmanned Aircraft Systems ("sUAS") for aerial imaging for safety, 

inspection, and monitoring of commercial and residential structures, utility and transportation 

infrastructure, including highways, bridges, airports and construction sites, 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.

The sUAS platforms to be used are as follows: Lockheed Martin Procerus Technologies Indago, 

Sentera Phoenix, DJI Phantom 3, DJI Phantom 4, DJI Inspire, DJI Matrice 100, DJI spreading wings

S900, DJI Speading wings S1000, Sensefly eBee, Topcon Falcon 8, Pulse Aerospace Vapor 35, Pulse 

Aerospace Vapor 55, Topcon MaVinci Sirius, Trimble UX-5, Trimble UX5HP 

Description of Proposed Operations 

The requested exemption would permit commercial operations by Air-Terra 3D LLC., specifically to 

get compensated for providing precision aerial inspections or surveys that consist of still 

photographs or video taken by an onboard camera. Operations and applications we seek for this

sUAS and associated data processing functions include aerial photography, mapping, structural 

inspections, real estate marketing, vegetation and airport aerial approach obstruction surveys and 

other flight operations that could be performed safely and more cost effectively with the use of sUAS 

at low altitude within the U.S. national airspace system as compared to a manned aircraft. Use of 

sUAS for these operations reduces the need to operate conventional aircraft or other equipment for 
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the same purpose and provides very high quality imagery at a fraction of the cost of the same 

operations using conventional means. Likewise, inspections of structures can be safely performed 

without endangering the inspector or inhibiting local industrial or public operations with ladders, 

lifts or other equipment. These savings result in enhanced efficiency and productivity for the affected 

activities, as well as environmental benefits and potential savings in both cost and hazards to the 

public. 

The use of sUAS during a transportation or utility infrastructure inspection can significantly reduce 

the risk to workers of falls while inspecting, surveying or monitoring site progress. Aeronautical 

surveys of airport imaginary surfaces can quickly assist the owner in determining obstruction 

impacts and the need to mitigate or confirm that mitigation of those obstructions (lowering or 

lighting) is effective. sUAS can inspect, photograph, and collect data on hard to get to areas that 

otherwise would require worker inspection . 

The Pilot in Command (PIC) and chief flight coordinator of Air-Terra 3D LLC. Is a recently retired 

Army Aviator with more than 5000 flight hours and holds Commercial Instrument Pilot Certificates 

(2316845) for both Rotorcraft Helicopter as well as Single and Multiengine Airplane. Throughout 

his 35 year Army Aviation career the PIC accumulated a vast knowledge of the National Airspace 

System flying primarily in the busy Northeast Corridor. Qualifications include, but are not limited to 

UH-1 Instructor Pilot, UH-1 Maintenance Test Flight Pilot and Evaluator, UH-60 Maintenance Test 

Pilot and Evaluator and C-12 Pilot. 

The proposed sUAS operations will be limited to daytime Visual Flight Rule (“VFR”) conditions, 

within visual line-of-sight ("VLOS") of the operator, and will occur at least 5 miles away from an 

airport, except and unless NOTAMS have been filed and approvals received from the Airport 

Manager, local Flight Standards District Office, (FSDO) and applicable Air Traffic Control Tower. 

(ATCT). Additional certificates of authorization will be applied for, when applicable, to facilitate 

airport obstruction identification.

Lastly, sUAS reduce the environmental impact by dramatically decreasing the energy used for aerial 

imaging and data collection over a structure, airport or construction site. Our sUAS use rechargeable 

lithium ion batteries, as opposed to fossil fuels burned in operation of small aircraft that are many 

hundreds of times heavier. 

Regulations from which exemption is requested: 

14 C.F.R. Part 21 Subpart or H - Airworthiness Certificates

14 C.F.R. 45.23 - Display of marks; general

14 C.F.R. 91.7 (a) – Civil Aircraft Airworthiness

14 CFR § 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft

14 C.F.R. 91.9 (c) – Marking of Aircraft

14 C.F.R. 91.103 – Preflight Actions

14 C.F.R. 91.109 – Flight instruction

14 C.F.R. 91.119 – Minimum safe altitudes: General

14 C.F.R. 91.121 – Altimeter settings

14 C.F.R. 91.151 – Fuel requirements for flights in Visual Flight Rules (VFR) conditions

14 C.F.R. 91.203 (a)(1) – Civil aircraft: certification required

14 C.F.R. 91.405 – Maintenance required

14 C.F.R. 91.407 – Operation after maintenance, preventative maintenance, rebuilding, & alteration 
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14 C.F.R. 91.409 – Inspections

14 C.F.R. 91.417 – Maintenance records 

1. Air-Terra 3D LLC. seeks exemption from the requirements of 14 CFR Part 21, Subpart H: 

Airworthiness Certificates and 14 CFR § 91.203(a) (1) 

Section 91.203(a) (1) requires all civil aircraft to have a certificate of airworthiness. Part 21, Subpart 

H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of 

airworthiness certificates as required by FAR § 91.203(a)(1). Given the size of the aircraft (typically 

less than 6 lbs., and always less than 55 lbs.) and the limited operating area associated with its 

utilization, it is unnecessary to go through the certificate of airworthiness process under Part 21 

Subpart H to achieve or exceed current safety levels. 

Such an exemption meets the requirements of an equivalent level of safety under Part 11 and Section 

333 of the Reform Act. The Federal Aviation Act and Section 333 of the Reform Act both authorize 

the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration 

of the size, weight, speed, operational capability, and proximity to airports and populated areas of 

the UAS involved. 

In this case, an analysis of these criteria demonstrates that the sUAS operated without an 

airworthiness certificate, under the conditions proposed herein, will be at least as safe, or safer, than 

a conventional aircraft (fixed wing or rotorcraft) with an airworthiness certificate. The sUAS weighs 

less than 6 lbs. fully loaded. It will not carry a pilot or passenger, will not carry flammable fuel, and 

will operate exclusively within an area pre-disclosed and in compliance with conditions set forth 

herein. Operations under this exemption will be tightly controlled and monitored by both the 

operator, and by local public safety requirements. The FAA will have advance notice of all operations 

through the filing of NOTAMs. Receipt of the prior permission of the land owner, the size of the 

aircraft, the lack of flammable fuel, and the fact that the aircraft is carried to the location and not 

flown there all establish the equivalent level of safety. The sUAS provides at least an equivalent, and 

most likely exceeds, level of safety to that of such operations being conducted with conventional 

aircraft that would be substantially larger and would be carrying passengers, cargo, and flammable 

fuel. 

2. Air-Terra 3D LLC. seeks exemption from the requirements of 14 CFR § 45.23 & 91.9(c): 

Marking of the Aircraft 

Regulation 45.23 provides: (a) Each operator of an aircraft must display on that aircraft, marks 

consisting of the Roman capital letter “N” (denoting United States registration) followed by the 

registration number of the aircraft. Each suffix letter used in the marks displayed must also be a 

Roman capital letter. (b) When marks include only the Roman capital letter “N” and the registration 

number is displayed on limited, restricted or light-sport category aircraft or experimental or 

provisionally certificated aircraft, the operator must also display on that aircraft near each entrance 

to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor more than 6 inches high, the 

words “limited,” “restricted,” “light- sport,” “experimental,” or “provisional,” as applicable. 

Regulation 91.9(c) provides: No person may operate a U.S.-registered civil aircraft unless that 

aircraft is identified in accordance with part 45 of this chapter. 

The sUAS has no entrance to the cabin, cockpit, or pilot station on which the markings can be placed. 

Given the size of the sUAS, two-inch lettering will be impossible. Official marking systems for sUAS 
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have not yet been established for operations inside the NAS. Air-Terra 3D is prepared to mark the 

sUAS with the name of the organization and location or origin and fulfill any other request by the FAA 

to this topic in accordance to § 45.29(f) where the pilot, observer, and others working with the sUAS 

will see the identification of the sUAS. The FAA has issued the following exemptions to this 

regulation; see Exemption Nos. 8738, 10167, 10167A and 10700. 

3. Air-Terra 3D LLC. seeks exemption from the requirements of 14 CFR § 91.7(a): Civil 

aircraft airworthiness. 

This regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. 

Should the exemption be granted allowing commercial operation of sUAS without an airworthiness 

certificate, no standard will exist for airworthiness of the sUAS. Given the size of the sUAS and the 

previous COAs issued for similar sUAS, an equivalent level of safety will be achieved by ensuring 

compliance with the given sUAS manuals and use of safety checklists prior to each flight. 

4. Air-Terra 3D LLC. seeks exemption from the requirements of 14 CFR § 91.9(b)(2): Civil 

Aircraft Flight Manual in the Aircraft. 

The regulation provides: No person may operate a U.S.-registered civil aircraft ... (2) For which an 

Airplane or Rotorcraft Flight Manual is not required by §21.5 of this chapter, unless there is available 

in the aircraft a current approved airplane or Rotorcraft Flight Manual, approved manual material, 

markings, and placards, or any combination thereof. 

Given the size of sUAS, they have no ability or place to carry such a flight manual on the aircraft, not 

only because there is no pilot on board, but because there is no room or capacity to carry such an 

item on the aircraft. The equivalent level of safety will be achieved by keeping the flight manual at 

the ground control point where the PIC flying the sUAS will have immediate access to it. The FAA has 

issued to others the following exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 9299, 

9299A, 9565, 9565B, 10167, 10167A, 10602, 32827, and 10700. 

5. Air-Terra 3D LLC. seeks exemption from the requirements of 14 CFR § 91.103: Preflight 

action 

This regulation requires each PIC to take certain actions before flight to insure the safety of flight. As 

FAA approved rotorcraft flight manuals will not be provided for the aircraft an exemption will be 

needed. An equivalent level of safety will be provided by following a comprehensive preflight 

checklist. The PIC will take all actions including reviewing weather, flight battery requirements, 

landing and takeoff distances and aircraft performance data before initiation of flight. 

6. Air-Terra 3D LLC. seeks exemption from the requirements of 14 CFR § 91.109: Flight 

Instruction 

Section 91.109(a), which provides in pertinent part that "[n]o person may operate a civil aircraft 

(except a manned free balloon) that is being used for flight instruction unless that aircraft has fully 

functioning dual controls." sUAS and remotely piloted aircraft, by their design, do not have functional 

dual controls. Instead, flight control is accomplished through the use of a device that communicates 

with the aircraft via radio communications. Accordingly, an exemption will be required for the flight 

instruction requirements of 14 C.F.R. § 91.109(a). 

Given the size and speed of the sUAS that Air-Terra 3D LLC. intends to use, an equivalent level of safe 
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training can still be performed without dual controls because no pilot or passengers are aboard the 

sUAS, and all persons will be a safe distance away in the event that the UAS experiences any 

difficulties during flight instruction. The FAA has approved exemptions for flight training without 

fully functional dual controls for a number of aircraft and for flight instruction in experimental 

aircraft. See Exemption Nos. 5778K & 9862A. 

7. Air-Terra 3D LLC. seeks exemption from the requirements of 14 CFR § 91.119: Minimum 

Safe Altitudes 

Section 91.119 establishes safe altitudes for operation of civil aircraft. Specifically, 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. In those cases, the aircraft may not be operated 

closer than 500 feet to any person, vessel, vehicle, or structure. 

Because aerial survey, mapping and inspection work must be accomplished at relatively low altitudes 

and at altitudes less than 500 feet AGL, an exemption from Section 91.119(c) is needed. 

The equivalent level of safety will be achieved given the size, weight, speed, and material with which 

sUAS are built. Also, no flight will be taken without the permission of the land owner or those who 

control the land. Because of the advance notice to the landowner, all affected individuals will be 

aware of the flights. Compared to aerial survey operations conducted with aircraft or rotorcraft 

weighing far more than 55 lbs. and carrying flammable fuel, any risk associated with these operations 

will be far less than those currently allowed with conventional aircraft operating at or below 500 feet 

AGL. Indeed, the low-altitude operations of the sUAS will maintain separation between these sUAS 

operations and the operations of conventional aircraft that must comply with Section 91.119. 

8. Air-Terra 3D LLC. seeks exemption from the requirements of 14 CFR § 91.121: Altimeter 

Settings 

Section 91.121 requires a person operating an aircraft to maintain cruising altitude or flight level by 

reference to an altimeter that is set to the elevation of the departure airport or barometric pressure. 

Some sUAS have a barometric pressure sensor, while others only use GPS for elevation or altitude. 

When a barometric pressure sensor is on the sUAS, it is typically “zeroed” at the point of take-off; this 

is right next to the PIC and not at a departure airport. The altitude reading will be relative to that 

point (on the ground) and not a known elevation. 

The equivalent level of safety will be achieved by the PIC confirming the elevation or altitude of the 

launch site. The altitude of the sUAS will also be displayed via telemetry on the Ground Station and

will be constantly monitored by the PIC during the entire flight operation. 

9. Air-Terra 3D LLC. seeks exemption from the requirements of 14 CFR § 91.151(a): Fuel 

Requirements for Flight in VFR Conditions 

This regulation prohibits an individual from beginning “a flight in an airplane under VFR conditions 

unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point 

of intended landing and, assuming normal cruising speed – (1) During the day, to fly after that for at 

least 30 minutes; or (2) At night, to fly after that for at least 45 minutes.” 

The different sUAS batteries provide a variety of powered flight times. An exemption from §14 CFR 

91.151 is therefore required. 
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The applicant believes that an exemption from 14 CFR § 91.151(a) is safe and within the scope of a 

prior exemption. See Exemption 10673 (allowing Lockheed Martin Corporation to operate without 

compliance with 91.151(a)). Operating the sUAS, without 30 minutes of reserve fuel does not prompt 

the type of risks that Section 91.151(a) was meant to prevent given the size and speed at which the 

sUAS operates. The fact that it carries no pilot, passenger, or cargo also enhances its safety. In the 

unlikely event that the battery on the sUAS should run out, it would simply land. Given its weight and 

construction material, the risks are less than contemplated by the current regulation. 

The applicant believes that an equivalent level of safety can be achieved by maintaining 20% of 

reserve battery, which would be more than adequate to return the sUAS to its planned landing zone 

from anywhere in its operating area. 

The FAA has granted similar exemptions to others, including Exemptions 2689F, 5745, 10673 and 

10808. 

10. Air-Terra 3D LLC. seeks exemption from the requirements of 14 CFR § 91.203 (a) & (b): 

Carrying Civil Aircraft Certification and Registration 

This regulation provides as follows: (a) ... no person may operate a civil aircraft unless it has ... an 

appropriate and current airworthiness certificate. (b) No person may operate a civil aircraft unless 

the airworthiness certificate required by paragraph (a) of this section or a special flight authorization 

issued under §91.715 is displayed at the cabin or cockpit entrance so that it is legible to passengers 

or crew. 

The sUAS fully loaded typically weighs less than 6 lbs., and always less than 55 lbs. As such, there is 

no ability or place to carry certification and registration documents or to display them on the sUAS. 

In addition, there is no pilot on board the aircraft. 

An equivalent level of safety will be achieved by keeping these documents at the ground control point 

where the PIC flying the sUAS will have immediate access to them. The FAA has issued numerous 

exemptions to this regulation. A representative sample of other exceptions includes Exemption Nos. 

9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700. 

11. Air-Terra 3D LLC. seeks exemption from the requirements of 14 CFR § 91.405(a); 

407(a)(1); 409(a)(1) and (2); 417(a) and (b): Maintenance Inspections 

Section 91.405(a) requires that an aircraft operator or owner “shall have that aircraft inspected as 

prescribed in subpart E of this part and shall between required inspections, except as provided in 

paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter ...” 

Section 91.407 similarly makes reference to requirements in Part 43; Section 91.409(a)(2) requires 

an annual inspection for the issuance of an air worthiness certificate. Section 91.417(a) requires the 

owner or operator to keep records showing certain maintenance work that has been accomplished 

by certificated mechanics, under Part 43, or licensed pilots and records of approval of the aircraft for 

return to service. 

The sUAS are nearly maintenance free, they perform automatic pre-flight checks and the failure of 

any check will prevent takeoff. Checks that cannot be done by the system will be performed by a 

qualified person prior to each flight and at predefined intervals as part of a maintenance schedule. 

Pre-flight checklist includes: 1. Visual inspection of the airframe 2. Visual inspections of rotor 
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integrity 3. Check charge of all batteries (aerial vehicle, command station, radio repeater station) 

Safety

An equivalent level of safety will be achieved because the sUAS is small in size, will carry no external 

payload, will operate only in restricted predetermined areas and is not a complex mechanical device. 

The operator of the sUAS will ensure that it is in working order prior to initiating flight, perform 

required maintenance, and keep a log of any maintenance that is performed. Moreover, the operator 

is the person most familiar with the aircraft and is best suited to maintain the aircraft in an airworthy 

condition and to ensure an equivalent level of safety. 

If mechanical issues arise, the sUAS can land immediately due to the pre-determined area of 

operation. Moreover, the sUAS's small size, carrying capacity, and the fact that flight operations will 

only take place in restricted areas for limited periods of time, create less risk than the same factors 

associated with conventional fixed-wing aircraft and rotorcraft performing the same operation. 

Public Interest 

Approval of this exemption for commercial operations will enhance safety by reducing risk. Use of 

the sUAS in lieu of a manned aircraft would enhance safety and reduce the environmental impact as 

compared to similar operations conducted with manned aircraft that weigh in excess of 6,000 lbs., 

carrying a crew and flammable fuel. Such aircraft must fly to and from the project location. In 

contrast, a sUAS weighing less than 6 lbs. and powered by batteries, eliminates virtually all of that 

risk given the reduced mass and lack of combustible fuel carried on board. The sUAS is carried to the 

target area and not flown. The sUAS will carry no passengers or crew and, therefore, will not expose 

them to the risks associated with manned aircraft flights. 

In regards to performing inspections of various structures, and airport approach surfaces the sUAS 

will minimize the risk to persons attempting to climb these structures and photograph problem 

areas. It will provide a way for companies to have their engineers review photographs and provide 

additional safety to the general public in regard to structure failure or airport obstruction 

identification that are hard to determine by ground based survey methods and expensive to 

accurately identify via manned aircraft overflights. The sUAS will allow for an easier and safer 

assessment. 

Given the small size of the sUAS involved and the restricted environment within which they will 

operate, our application falls squarely within the zone of safety (an equivalent level of safety) in 

which Congress envisioned that the FAA must, by exemption, allow commercial operations of sUAS 

to commence immediately. Also due to the small size of the sUAS and the low altitudes and restricted 

areas in which the sUAS will operate, approval of the application presents no national security issue. 

Given the clear direction in Section 333 of the Reform Act, the authority contained in the Federal 

Aviation Act, as amended; the strong equivalent level of safety surrounding the proposed operations,

and the significant public benefit, including enhanced safety, the grant of the requested exemptions 

is in the public interest.

Conclusion 

Air-Terra 3D LLC. respectfully requests that the FAA grant the requested exemption and is 

prepared to modify or amend any part of this request to satisfy the need for an equivalent level of 

safety. We look forward to working with your office. If additional information or clarification is 
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needed, please feel free to contact us. 

Respectfully Submitted, 

Thomas W. Range II

COO\Partner

Air-Terra 3D LLC.