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 exemption 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 exemption would allow ATAC 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 

nonrestricted National Parks, National Forests, and non-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, airworthiness 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 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. 

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 cockpit 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 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. 

ATAC Global description of the exemption we seek below:

Given the size, weight, and speed of the UA, as well as the location where it is operated 

and the fact that the UAS will not carry a pilot or passengers on board, as a result the 

proposed operations can achieve a very high level of safety, 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 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 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 operation 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 exemption we seek below:

The UAS carries no pilot and given the size of the UA, carrying these documents aboard 

the UAS is not possible. However, these documents will remain at the ground control 

point where the pilot flying the UAS 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 description of the exemption we seek below:

UAS operator will thoroughly cover all preflight actions including reviewing weather, 

battery requirements, landing and takeoff distances, and aircraft performance data 

before initiation of flight using appropriate checklists.

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 functioning 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 may 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 city, 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 

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. 

4. (d) Helicopters, powered parachutes, and weight-shift-control aircraft. If the 

operation 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 exemption 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 500 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 altitudes.” Because of the

size, weight, maneuverability, and speed of the UAS, an equivalent or higher level 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:

Altimeter 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 (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 [emphasis 

added]. 

ATAC Global description of the exemption we seek below:

The limitations on the UAS’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 level of safety can be achieved 

by limiting flights to 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 is 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 description of the exemption we seek below:

The UAS carries no pilot and given the size of the UA, carrying these documents aboard 

the UAS is not possible. However, these documents will remain at the ground control 

point where the pilot flying the UAS 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 

under § 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 UAS carries no pilot and given the size of the UA, carrying these documents aboard 

the UAS is not possible. However, these documents will remain at the ground control 

point where the pilot flying the UAS 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 aircraft 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 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 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 undergone 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 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 91.409(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 airworthiness 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, 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 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 91.417(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, progressive, 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 the 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 installed 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 

appliances 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 recurring 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 retained 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 undergo 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 in 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

Given the small size of the UAS involved and the limited environment within which it 

will operate, its proposed operation falls squarely within that zone of safety. Also,

because of the size of the UAS and the restricted areas in which the UAS will operate, the 

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.

Granting the requested exemptions 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 associated with allowing 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, which 
have proven tremendous success into the UAS industry can have a safe and meaningful 

initiative.