### ATAC	Global ,	LLC FAA	Exemption	Request

Letter dated February 4, 2015

, ATAC Global LLC (POC Tony Portelli) 8352 W. Warm Springs Rd, Las Vegas, Nevada, 89113 , petitioned the Federal Aviation Administration (FAA) for an exemptio n from part 21 and §§ 45.23(b)

, 61.113(a) and (b), 91.7(a), 91.9(b)(2), 91.103, 91. 109, 91.119, 91.121, 91.151(a), 91.203(a) and (b), 91.405(a), 91.407(a)(1), 91.409(a)(2), and 91.417(a) and (b) of Title 14, Code of the Federal Regulations (14 CFR). The proposed exem ption would allow A TAC Global to operate its unmanned aerial system (UAS) for aerial photography and inspection, including but not limited to operations: (1) over land, waterways, and oceans; (2) operation over and/or in

no n restricted National Parks, National Forests, and no n

- navigable airspace using nonintrusive recording devices; and (3) operation in otherwise unrestricted U.S. States and Territories. All proposed operations would be conducted under controlled conditions in airspace that is: (1) limited, (2) predetermined, and (3) access controlled

ATAC Global requests relief from the following regulations:

FAA rule which we seek exemption below in bold:

Part 21 prescribes the procedural requirements for issuing and changing design approvals, productions approvals, airwo rthiness certificates, and airworthiness approvals.

AFS

- 14

- 373

- E

Section 45.23(b) prescribes that when marks include only the Roman capital letter “N” and the registration number is displayed on limited, restricted or light

- sport category aircraft or ex perimental 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.

ATAC Global description of the exemption we seek below:

ATAC Global UAS will have no airworthiness certificate; an exemption may be needed from 14 CFR § 45.23 as the UA will not have a cockp it or cabin. Given the size of the UAS, the 2

- inch lettering will be impossible. The petitioner asserts that an equivalent level of safety will be provided by having the UA marked with the word “experimental”on the fuselage in compliance with 14 CFR § 45. 29(f), in a location where the pilot, observer, and others working with the UA will see the identification.

FAA rule which we seek exemption below in bold:

Section 61.113(a) and (b) prescribes that

— (a) no person who holds a private pilot certificate may act as a pilot in command of an aircraft that is carrying passengers or property for compensation or hire; nor may that person, for compensation or hire, act as pilot in command of an aircraft.

(b) a private pilot may, for compensation or hire, act as pi lot in command of an aircraft in connection with any business or employment 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.

ATAC Global descriptio n of the exemption we seek below:

G iven the size, weight, and speed of the UA, as well as the location where it is operated and the fact that t he UAS will not carry a pilot or passengers on board, as a result the proposed oper ations can achieve a very high level of s afety, also, additional safety measures are in place by requiring PIC to complete 50 hours of onsite with an additional 10 hours of online instruction before becoming operational. Also, UAS flights will be limited to below 500feet AGL.

FAA rule which we seek exemption below in bold:

Section 61.113(a) and (b) prescribes that

— (a) no person who holds a private pilot certificate may act as a pilot in command of an aircraft that is carrying passengers or property for compensation or hire; nor may th at person, for compensation or hire, act as pilot in command of an aircraft.

(b) a private pilot may, for compensation or hire, act as pilot in command of an aircraft in connection with any business or employment 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.Section 91.7(a) prescribes that no person may operate a civil aircraft unless it is in an airworthy condition.

ATAC Global description of the exemption we seek below:

Currently, no such certificate exists in the applicable in the form contemplated by FAA regulations. As a result, this regulation is inapplicable

FAA rule which we seek exemption below in bold:

Section 91.9(b)(2) prohibits op eration of U.S.

- registered civil aircraft 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.

ATAC Global description of the exemp tion we seek below:

The UA S carries no pilot and gi ven the size of the UA, carrying these documents aboard the UA S is not possible. However, these documents will remain at the ground control point where the pilot flying the UA S will have immediate access to them.

FAA rule which we seek exemption below in bold:

Section 91.103(b) prescribes that a pilot shall for any flight, become familiar with runway lengths at airports of intended use, and takeoff and landing distance information.

ATAC Global descriptio n of the exemption we seek below:

UAS operator will thoroughly cover all preflight actions inc luding reviewing weather, battery requirements, landing and takeoff distances, and aircraft performance data before initiation of flight using appropriate checkl ists

. FAA rule which we seek exemption below in bold:

Section 91.109(a) prescribes, in pertinent part, that no person may operate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has fully func tioning dual controls.

ATAC Global description of the exemption we seek below:

Flight control is accomplished through the use of a radio transmitter that communicates with the aircraft via a receiver in the UA Therefore, there are no dual flight controls

. Additionally, there is no pilot or passengers in the UAS and the small size and safe speeds are added safety measures

FAA rule which we seek exemption below in bold:Section 91.119 prescribes that, except when necessary for takeoff or landing, no person m ay operate an aircraft below the following altitudes:

**1.** (a) Anywhere. An altitude allowing, if a power unit fails, an emergency landing without undue hazard to persons or property on the surface. **2.** (b) Over congested areas. Over any congested area of a cit y, town, or settlement, or over any open air assembly of persons, an altitude of 1,000 feet above the highest obstacle within a horizontal radius of 2,000 feet of the aircraft.
**3.** (c) Over other than congested areas. An altitude of 500 feet above the surfac e, 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. **4.** (d) Helicopters, powered parachutes, and weight

- shift

- control aircraft. If the oper ation is conducted without hazard to persons or property on the surface

— **1.** (1) A helicopter may be operated at less than the minimums prescribed in paragraph (b) or (c) of this section, provided each person operating the helicopter complies with any routes or altitudes specifically prescribed for helicopters by the FAA; and
**2.** (2) A powered parachute or weight

- shift

- control aircraft may be operated at less than the minimums prescribed in paragraph (c) of this section.

ATAC Global description of the exemptio n we seek below:

91.119 allows safe altitudes for the operation of civil aircraft, but that it allows helicopters to be operated at lower altitudes in certain conditions. ATAC Global will not operates UAS above the altitude of 5 00 feet above ground level (AGL) and will also only operate in safe areas away from the public and traffic, thus “providing a level of safety at least equivalent to or below those in relation to minimum safe al titudes.” Because of the size, weight, m aneuverability, and speed of the UAS, an equivalent or higher l evel of safety will be achieved. Also, No flight will be taken without the permission of the property owner.

FAA rule which we seek exemption below in bold:

Section 91.121 requires, in pertinent part, each person operating an aircraft to maintain cruising altitude by reference to an altimeter that is set “...to the elevation of the departure airport or an appropriate altimeter setting available before departure.”

ATAC Global description of the exemption we seek below:

Altimete r settings is inapplicable since the UAS utilizes electronic GPS with a barometric

sensor

.FAA rule which we seek exemption below in bold:

Section 91.151(a) prescribes that no person may begin a flight in an airplane under VFR conditions unless (considerin g 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 [emphasis added].

ATAC Global description of the exemption we seek below:

T

he limitations on the UA S ’s proposed flight area and the location of its proposed operations within a predetermined area, a longer timeframe for flight in daylight or night VFR conditions is reasonable. We believe an equivalent le vel of safety can be achieved by limiting flights t o 45 minutes or not less than 15 percent of battery power, whichever occurs first . Also, ATAC Global UAS has preprogrammed setting that enables the UAS to return to original take off location when signal i s lost and or battery becomes too low adding an additional safety measure

FAA rule which we seek exemption below in bold:

Section 91.203(a) prohibits, in pertinent part, any person from operating a civil aircraft unless it has within it (1) an appropriate and current airworthiness certificate; and (2) an effective U.S. registration certificate issued to its owner or, for operation within the United States, the second copy of the Aircraft registration Application as provided for in § 47.31(c).

ATAC Global d escription of the exemption we seek below:

The UA S carries no pilot and gi ven the size of the UA, carrying these documents aboard the UA S is not possible. However, these documents will remain at the ground control point where the pilot flying the UA S will have immediate access to them.

FAA rule which we seek exemption below in bold:

Section 91.203(b) prescribes, in pertinent part, that no person may operate a civil aircraft unless the airworthiness certificate or a special flight authorization issued unde r § 91.715 is displayed at the cabin or cockpit entrance so that it is legible to passengers or crew.

ATAC Global description of the exemption we seek below:

The UA S carries no pilot and gi ven the size of the UA, carrying these documents aboard the UA S is not possible. However, these documents will remain at the ground control point where the pilot flying the UA S will have immediate access to them.

FAA rule which we seek exemption below in bold:Section 91.405(a) requires, in pertinent part, that an airc raft operator or owner shall have that aircraft inspected as prescribed in subpart E of the same part and shall, between required inspections, except as provided in paragraph (c) of the same section, have discrepancies repaired as prescribed in part 43 of the chapter.

ATAC Global description of the exemption we seek below:

This is only applicable to aircraft with an airworthiness certificate . ATAC Global will keep routine and preflight maintenance records, which will be accomplished by the operator, who wi ll keep a log of any performed maintenance. The operator is most familiar with the UAS and best suited to maintain it in an airworthy condition to provide an equivalent level of safety and will do so prior to each flight . Should a mechanical issue arises , the UAS can land immediately, and given its small size, it poses minimal risk to persons or property.

FAA rule which we seek exemption below in bold:

Section 91.407(a)(1) prohibits, in pertinent part, any person from operating an aircraft that has under gone maintenance, preventive maintenance, rebuilding, or alteration unless it has been approved for return to service by a person authorized under § 43.7 of the same chapter.

ATAC Global description of the exemption we seek below:

This is only applicable to aircraft with an airworthiness certificate. ATAC Global will keep routine and preflight maintenance records, which will be accomplished by the operator, who will keep a log of any performed maintenance. The operator is most familiar with the UAS and be st suited to maintain it in an airworthy condition to provide an equivalent level of safety and will do so prior to each flight . Should a mechanical issue arises, the UAS can land immediately, and given its small size, it poses minimal risk to persons or property.

FAA rule which we seek exemption below in bold:

Section 91.409(a)(2) prescribes, in pertinent part, that no person may operate an aircraft unless, within the preceding 12 calendar months, it has had an inspection for the issuance of an airworthi ness certificate in accordance with part 21 of this chapter.

ATAC Global description of the exemption we seek below:

This is only applicable to aircraft with an airworthiness certificate . ATAC Global will keep routine and preflight maintenance records, wh ich will be accomplished by the operator, who will keep a log of any performed maintenance. The operator is most familiar with the UAS and best suited to maintain it in an airworthy condition to provide an equivalent level of safety and will do so prior t o each flight . Should a mechanicalissue arises, the UAS can land immediately, and given its small size, it poses minimal risk to persons or property.

FAA rule which we seek exemption below in bold:

Section 91.417(a) and (b) prescribes, in pertinent part , that

— (a) Each registered owner or operator shall keep the following records for the periods specified in paragraph (b) of this section:

(1) Records of the maintenance, preventive maintenance, and alteration and records of the 100

- hour, annual, progres sive, and other required or approved inspections, as appropriate, for each aircraft (including the airframe) and each engine, propeller, rotor, and appliance of an aircraft. The records must include

— (i) A description (or reference to data acceptable to t he Administrator) of the work performed; and

(ii) The date of completion of the work performed; and

(iii) The signature, and certificate number of the person approving the aircraft for return to service.

(2) Records containing the following information:

(i) The total time in service of the airframe, each engine, each propeller, and each rotor.

(ii) The current status of life

- limited parts of each airframe, engine, propeller, rotor, and appliance.

(iii) The time since last overhaul of all items install ed on the aircraft which are required to be overhauled on a specified time basis.

(iv) The current inspection status of the aircraft, including the time since the last inspection required by the inspection program under which the aircraft and its applianc es are maintained.

(v) The current status of applicable airworthiness directives (AD) and safety directives including, for each, the method of compliance, the AD or safety directive number and revision date. If the AD or safety directive involves recurrin g action, the time and date when the next action is required.

(vi) Copies of the forms prescribed by § 43.9(d) of this chapter for each major alteration to the airframe and currently installed engines, rotors, propellers, and appliances.(b) The owner or operator shall retain the following records for the periods prescribed:

(1) The records specified in paragraph (a)(1) of this section shall be retained until the work is repeated or superseded by other work or for 1 year after the work is performed.

(2) The records specified in paragraph (a)(2) of this section shall be retained and transferred with the aircraft at the time the aircraft is sold.

(3) A list of defects furnished to a registered owner or operator under § 43.11 of this chapter shall be retai ned until the defects are repaired and the aircraft is approved for return to service.

ATAC Global description of the exemption we seek below:

The above is only applicable to aircraft with an airworthiness certificate. Prior to each flight, the UAS will u ndergo a routine preflight maintenance, which will be carried out by the pilot in command , who will keep a log of any performed maintenance to be certain that the UAV is airworthy. The operator is most familiar with the UAS and best suited to maintain it i n an airworthy condition to provide an equivalent level of safety. Additionally, if a mechanical issue arises, the UA can land immediately, and given its small size, it poses minimal risk to persons or property.

ATAC Global Conclusion

Public Interest

G iv en the small size of the UA S involved and the limited environment within which it will o perate, its proposed operation falls squa rely within that zone of safety. Also

, because of the size of the UA S and the restricted areas in which the UAS will operate, t he fact that there are no passengers, no fuel, as well as the extensive training and continuing education (annual) that the operator goes through prior to operations serves as additional safety, which will benefit the public.

G ranting the requested exempti ons is in the public interest because of (1) the strong equivalent level of safety surrounding the proposed operations, and (2 ) the significant public benefit, including enhanced safety and reduction in environmental impacts (such as reduced emissions asso ciated with allow ing UAS for photography and inspection operations).

ATAC Global has trained many law enforcement personal and also first responders for over two decades. Our willingness and ability to carry out these same standards

, whichhave proven tre mendous success into the UAS industry can have a safe and meaningful initiative.