April 24, 2015



### u.s. Department of Transportation Docket Management System 1200 New Jersey Avenue SE Washington, DC 20590

RE: Exemption Request Section 333 of the FAA Reform Act

Atlanta Marketing Professionals Steven Myles Rothacker Founder 678 231-4440 myles@atlantamarketingprofessionals.com

Dear Sir or Madam:

This petition is being submitted on our behalf without legal counsel or consulting services.

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act), and 14 C.F.R. Part 11, Atlanta Marketing Professionals, a full service digital marketing and production company, hereby applies for an exemption from the Federal Aviation Regulations (FARs) listed below to allow operation of our Small Unmanned Aircraft System (sUAS) commercially in airspace regulated by the Federal Aviation Administration (FAA) so long as such operations are conducted with and under the conditions outlined herein or as may be established by the FAA as required by Section 333.

The requested exemption would permit Atlanta Marketing Professionals to pursue its commercial interests in providing services to clients using a small advanced sUAV in the following areas:

• Real Estate
• Marketing
• Surveying
• Industrial
• Special Events
• Utility Inspection
• Local and National Natural and Man Made Disaster Rescue

Atlanta Marketing Professionals states that all sUAS flights will occur over private or controlled access property will do so with the property owner's consent and knowledge and that only people who have consented or otherwise have agreed to be in the area where videography will take place.Additionally, Atlanta Marketing Professionals sUAS pilots have over 6 years and 400 hours of UAS flight experience. All observers will attend a 40 hour training and certification course to insure the safety and observance ofall FAA Laws, Rules, Guidelines and stipulations. Atthis training they will trained understand the proper roles of an observer, communication procedures, proper visual scan techniques, operations at non-towered airports and emergency procedures.
Regulations from which exemption is requested:

14 C.F.R. Part 21 14 C.F.R. 45.23(b) 14 C.F.R. 61.113(a) & (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. 91.121 14 C.F.R. 91.151 (a) 14 C.F.R. 91.203(a) 

### & (b) 14 C.F.R. 91.401

- 91.417(a) & (b)

XEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY

.Atlanta Marketing Professionals requests an exemption from the following

regulations as well as any additional regulations that may technically apply to the operation of the sUAV System:

14CFR Part21, Airworthiness Certificates This part establishesthe proceduresforthe issuance ofan airworthiness certificate. While the FAAcontinues to workto develop airworthiness standardsfor Unmanned Aerial Systems, we request an experimental certificate be issued forthe OJI Inspire 1 undereither, or both, ofthe following provisions: 21.191 Experimental certificates. Experimental certificates are issued for the following purposes: (a) Research and development.Testing newaircraftdesign concepts,
newaircraft equipment, newaircraft installations, newaircraftoperating techniques, ornew uses foraircraft. (b) Showing compliancewith regulations. Conductingflighttests and other operationsto showcompliancewith the airworthiness regulations including flights to showcompliance for issuance oftype and supplemental type certificates, flights to substantiate majordesign changes, and flights to show compliancewith thefunction and reliability requirements oftheregulations. Sincethe experimental certificate can be used for commercial purposes such as marketsurveys, sales demonstrations, and customer
crewtraining, wewould expectthatan experimental certificatewould permitourcommercial purpose as well. The aircraftwill notcarry persons or property, will not carryfuel, and will onlyfly understrictoperational requirements. Combinedwith the UA's lightweight, being constructed primarily ofcarbon fiberand plastic, we propose thatthe UAwill be at least
as safe, ifnot safer, than a conventionally certificated aircraft performing the same mission. Ifan experimental airworthiness certificate is not appropriate forthis application, then we request an exemption of 14 CFR Part21, Subpart H, and the requirementfor an airworthiness certificate in general, citing the equivalent level ofsafety outlined in the previous paragraph.

14CFR45.23 Display ofmarks; general and 45.29 Size ofmarks The regulation requires: 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.

Even though the UAS will have no airworthiness certificate, an exemption may be needed as the UAS will have no entrance to the cabin, cockpit or pilot station on which the word "Experimental" can be placed. Given the size ofthe UAS, two-inch lettering·will be impossible. The word "Experimental" will be placed on the fuselage in compliance with §45.29 (f).

The equivalent level ofsafety will be provided by having the UAS marked on its fuselage as required by §45.29 (f) where the pilot, observer and others working with the UAS wiil see the identification ofthe UAS as "Experimental."

14CFR61.113 Private pilot privileges and limitations: Pilot in Command and 61.133 Commercial pilot privileges and limitations. Sections 61.113 (a) 

### &(b) limit private pilots to non-commercial operations. Because the UAS will not carry a pilot or passengers, the proposed operations
can achieve the equivalent level ofsafety ofcurrent operations by requiring the PIC operating the aircraft to operate underthe supervision ofa private pilot's license holder rather than a commercial pilot's license holder. Unlike a conventional aircraft that carries the pilot and passengers, the sUAS is remotely controlled with no living thing on board. The area ofoperation is controlled and

# l restricted, and all flights are planned and coordinated in advance as set forth in the GOM. The level ofsafety provided by the requirements included in the GOM exceed that provided by a single individual holding a commercial pilot's certificate operating a conventional aircraft. The risks associated with the operation ofthe sUAS are so diminished from the level of risk associated with commercial operations contemplated by Part 61 when drafted, that allowing operations ofthe sUAS as requested with a private pilot in a supervisory role aiding the PIC exceeds the present level of safety achieved by 14 C.F.R. §61.113 (a) 

### &(b).

14CFR 91.7 Prohibits the Operation ofan aircraftwithoutan airworthiness certificate. As no such certificate will be applicable in the form contemplated by the FARs, this Regulation is inapplicable.

14CFR 91.9 Civil aircraftflight 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 thatthe intentofthis requirement is to ensure thatflight manual information is availableto the aircrew while operating the aircraft. We request an exemption tothis requirement since the aircraft is notonly too

,small to carry documentation, the documentation would not be available

to the crew during flight operations. To obtain an equivalent level of safety and meetthe intent of91.9, we propose thata current, approved sUAS Flight Manual must be available to the crew atthe ground station anytime the aircraft is in, or preparing for, flight.

14CFR 91.109 Flight Instruction; Simulated instrumentflightand certain flighttests. The regulation states "No person may operate a civil aircraftthat is being used for flight instruction unlessthat aircraft has fully functioning dual controls." The sUAS System ground-based control station consists ofa hand-held radio transmitterand while it does not offer a second set of "controls", both the studentand instructorcan, and will, operate the single set ofcontrols simultaneously. With both student and instructorhaving "hands-on"the controls during flight, this technique meetsthe intent 91.109 and provides an equivalent level ofsafety.

91.119 Minimumsafealtitudes: General. The regulation states that oversparsely populated areasthe aircraftcannot be operated closerthan 500 feetto any person, vessel, vehicle, or structure. Sincethe typical mission ofthe sUAS would be photography or survey ofpersons, vessels, vehicles orstructures itwould be necessary to operate closerthan 500 feetto the items listed. Operationswill only be flown overproperty or personswhere permission has been obtained and

### j. !l careful pre-planned has been performed. The aircraftwill be operated at a lowaltitude allowing, ifa power unitfails, an emergency landing without undue hazard to persons or property on the surface. Therefore we maintain that due to the small size ofthe UAS, the hazard to persons, vehicles and structures is minimal compared to manned aircraft, which should be considered in granting the exemption.

CFR91.121 Altimetersettings. The regulation requires that aircraftshall maintain cruising altitudes by reference to an altimetersetting available within 100 NM ofthe aircraft. The sUASwill always fly below400feetAGL and will not need to maintain cruising altitudes in orderto preventconflictwith otheraircraft. An Above Ground Level altimeter measurement above the takeoff point is transmitted via radio from the sUAS on-board computerto the display
screen held by the PIC, providing a constantly updated AGL readout.

14CFR91.151 Fuel requirementsforflight in VFR conditions. The regulation provides that no person may begin a flight in an airplane underday- vFR conditions unlessthere is enough fuel to fly to the first pointofintended landing and to fly afterthatfor at least 30 minutes. We

.feel the intention ofthis paragraph is to provide an energy reserve as a

safety bufferfor delaysto landing. The sUAV is battery operated and the

. maximum duration offlightfrom a single battery charge is 12 minuteswith

a 20% reserve. Since the aircraftwill neverfly more than 3/4 NM from the

. point ofintended landing, a full battery charge at launch will ensure thatwe

meetthe reserve energy requirement ofthis paragraph. We request an

.exemption to the word "fuel" and askforan equivalent interpretation with theword "energy".

14CFR91.203(a) & (b) Civil aircraft: Certifications required. The regulation providesthatan airworthiness certificate, with the registration numberassigned to the aircraft and a registration certificate must be aboard the aircraft. Additionally, subparagraph (b) providesthat the airworthiness certificate be "displayed atthe cabin orcockpit entrance
so that it is legible to passengers or crew." At a maximum gross weightof under6.5 pounds, the sUAS is too small to carry documentation, does not have an entrance, and is notcapable ofcarrying passengers orcrew. To obtain an equivalent level ofsafety and meetthe intent of 91.203, we propose thatdocuments deemed appropriateforthis aircraft by the FAA will be co-located with the crew atthe ground control station and available for inspection upon request. In orderto identifythe aircraft, we propose thatthe information found on airworthiness and registration certificates be permanently affixed to the aircraftvia placard containing the following information plus the word "EXPERIMENTAL"to satisfythe requirement of14 CFR45.23.

14CFRSubpart E91.401-91.417- Maintenance, Preventive Maintenance, Alterations The regulation providesthatthe operator is primarily responsible for maintaining the aircraft in an airworthy condition, including compliancewith part39 and 43. Paragraphs 91.407 and 91.409 require thatthe aircraft be "approved for return to service by a person authorized under43.7" after maintenance and inspection. It is our intention thatthe PIC perform maintenance and inspection ofthe aircraft and "be authorized to approve the aircraftfor return to service."The PIC will ensurethatthe aircraft is in an airworthy condition priorto every flight and in addition conduct detailed inspections aftereverytwo hours offlight. Maintenance performed bythe PIC is limited to repairing small cracks, replacing a propeller, checking electrical connections and updating software and firmwareforthe on-board computer. All other maintenancewill be performed bythe manufacturerortheir designated repair facility. The PIC will documentwork performed in accordance with 91.417. Wefeel that due to the size, construction, and simplicity ofthe aircraft, the PIC can ensure an equivalent level ofsafety. All preflight checks will be signed, dated and retained and available atthe request ofthe FAA.

Unmanned Aircraft System

sUAVs are often seen as superior to helicopters as an aerial video gathering platform due to the smaller devices cheaper equipment and personnel cost, reduced noise and as such, a much smaller environmental impact which promotes public safety.

Atlanta Marketing Professionals is petitioning for an exemption to operate
one UAS Name: DJI Inspire 1 Model Number: T600 Total Weight: 6.5 Lbs. Battery Name 

### I Model: Intelligent Flight Battery 

### ITB48 Battery Capacity: 5700 mAh The DJI Inspire 1features a built-in stabilized HD camera and GPS safety features which limit its ability to limit the height it flies above ground level (AGL), to limit the radius ofthe distance it flies from the operator and to exclude it from operations within designated Class B, C and D airspace including a no-fly zone feature. The DJI The DJI Inspire 1 also has a failsafe function that is triggered in the event communication is lost between the

### 1; sUAS and the main controller transmitter and secondary controller. At that time, the sUAS will return to its point of takeoff and land safety. If the connection is restored, the PIC can regain control of flight and land manually.

The DJI Inspire 1 Remote Control: Name 

### I Model Number: C1
Operating Frequency: 5.725-5.825 GHz and 2.400-2.483 GHz Battery: 6000 mAh LiPo 2S

The OJ! Inspire 1 owners manual is available on the DJI Website:http://download.djiinnovations.com/downloads/inspire_1/en/lnspire_1_User_Manual_v1.0_en.zip

The specifications of the D JI Inspire 1 meet with the Model Aircraft Operating Standards as set below:

• The petitioner will only operate its sUAS in line-of-sight of a pilot and/or observer and will operate at sites that are 'sufficient distance' from populated areas within the sterile area described in the FOPM. Such operations will ensure that the sUAS will "not create a hazard to users of the national airspace system or the public."
• When flying the sUAS within three (3) miles of an airport, airport operators will be notified and the operator will give the right-of-way to avoid flying in the proximity of full-scale aircraft

• Maximum flight time for each operation will be 30 minutes.
• Flights will be terminated when battery levels reach 25%, allowing sufficient reserve flight time to safely land the sUAS.

• The sUAS will be programmed so it will not be operated at an altitude that exceeds 400 feet AGL, and not more than 200 feet above an elevated platform from which videography is planned.
• Minimum crew for each operation shall consist of: sUAS pilot, a visual sUAS observer, and the camera operator.
• The sUAS PIC will be an experience sUAS pilot
• The sUAS operated by the petitioner weighs less than 25 pounds, including all payload (i.e. camera, lens, and stabilized gimbal).
• The sUAS will operate at speeds of no more than 50 knots, can hover, and can simultaneously move vertically and horizontally.

• Given the small size of the sUAS and the restricted sterile environment within which it will operate, Atlanta Marketing Professionals' operations adhere to the Reform Act's safety requirements.The fact the pilots have over 6 years ofexperience flying sUAS's demonstrates Atlanta Marketing Professionals' without incident shows a high regard for safe operations with an understanding of FARs, pre-flight inspections, knowledge of operations and differences in airspace classifications, maintenance and repair, as well as being trained to high safety standards.
By providing this exemption Atlanta Marketing Professionals will serve the public interest by providing natural and man made disaster search and recovery seNices at the request of local and national emergency responders at no fee for as long as required by any such disaster. Furthermore providing this exception will allow Atlanta Marketing Professionals to provide utility inspection seNices that pose a dangerto utility workers.

Under the requested exemption, Atlanta Marketing Professionals ensures all operators have completed sUAS education and training programs including all applicable regulations and guidance documents; including aeronautical background information such as charts, NOTAMS and Aircraft Circulars; Radio Communications Procedures; Human Factors and Crew Resource Management; Basic sUAS Aerodynamics; Weather factors; Airmanship and Decision-making and Safe Operations Procedures.

We respectively request exemption under Section 333 to enable Atlanta Marketing Professionals to operate efficient, limited, low-risk commercial sUAS operations for the activities stated respecting at all times the space and privacy of citizens and property while keeping airspace safe.
Sincerely submitted,

### Myles~f3,of acker
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## 1<-o\lc.c:./c...- Atlanta Marketing Professionals J 1420 Cresthaven Lane NW Lawrenceville, GA 30043 678-231-4440