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 of all FAA 

Laws, Rules, Guidelines and stipulations. At this 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:

14 CFR Part 21, Airworthiness Certificates

This part establishes the procedures for the issuance of an airworthiness

certificate. While the FAA continues to work to develop airworthiness

standards for Unmanned Aerial Systems, we request an experimental

certificate be issued for the DJI Inspire 1 under either, or both, of the

following provisions:

21.191 Experimental certificates. Experimental certificates are issued for

the following purposes:

(a) Research and development. Testing new aircraft design concepts,

new aircraft equipment, new aircraft installations, new aircraft operating

techniques, or new uses for aircraft.

(b) Showing compliance with regulations. Conducting flight tests and

other operations to show compliance with the airworthiness regulations

including flights to show compliance for issuance of type and supplemental

type certificates, flights to substantiate major design changes, and flights to

show compliance with the function and reliability requirements of the
regulations. Since the experimental certificate can be used for commercial

purposes such as market surveys, sales demonstrations, and customer

crew training, we would expect that an experimental certificate would

permit our commercial purpose as well. The aircraft will not carry persons

or property, will not carry fuel, and will only fly under strict operational

requirements. Combined with the UA's light weight, being constructed

primarily of carbon fiber and plastic, we propose that the UA will be at least

as safe, if not safer, than a conventionally certificated aircraft performing

the same mission. If an experimental airworthiness certificate is not

appropriate for this application, then we request an exemption of 14 CFR

Part 21, Subpart H, and the requirement for an airworthiness certificate in

general, citing the equivalent level of safety outlined in the previous

paragraph.

14 CFR 45.23 Display of marks; general and 45.29 Size of marks

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 of the 

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 of safety 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 will see the identification of the UAS as “Experimental.” 

14 CFR 61.113 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 of safety of current operations by requiring the 

PIC operating the aircraft to operate under the supervision of a 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 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 

exceed 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 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). 

14 CFR 91.7 Prohibits the Operation of an aircraft without an

airworthiness certificate.

As no such certificate will be applicable in the form contemplated by the

FARs, this Regulation is inapplicable.

14 CFR 91.9 Civil aircraft flight 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 that the intent of this requirement is to ensure that flight manual

information is available to the aircrew while operating the aircraft. We

request an exemption to this requirement since the aircraft is not only 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 meet the intent of 91.9, we propose that a current, approved sUAS

Flight Manual must be available to the crew at the ground station anytime

the aircraft is in, or preparing for, flight.

14 CFR 91.109 Flight Instruction; Simulated instrument flight and

certain flight tests.

The regulation states "No person may operate a civil aircraft that is being

used for flight instruction unless that aircraft has fully functioning dual

controls." The sUAS System ground-based control station consists of a

hand-held radio transmitter and while it does not offer a second set of

"controls", both the student and instructor can, and will, operate the single

set of controls simultaneously. With both student and instructor having

"hands-on" the controls during flight, this technique meets the intent 91.109

and provides an equivalent level of safety.

91.119 Minimum safe altitudes: General.

The regulation states that over sparsely populated areas the aircraft cannot

be operated closer than 500 feet to any person, vessel, vehicle, or

structure. Since the typical mission of the sUAS would be photography or

survey of persons, vessels, vehicles or structures it would be necessary to

operate closer than 500 feet to the items listed. Operations will only be

flown over property or persons where permission has been obtained and
careful pre-planned has been performed. The aircraft will be operated at a

low altitude allowing, if a power unit fails, an emergency landing without

undue hazard to persons or property on the surface. Therefore we maintain

that due to the small size of the UAS, the hazard to persons, vehicles and

structures is minimal compared to manned aircraft, which should be

considered in granting the exemption.

CFR 91.121 Altimeter settings.

The regulation requires that aircraft shall maintain cruising altitudes by

reference to an altimeter setting available within 100 NM of the aircraft.

The sUAS will always fly below 400 feet AGL and will not need to maintain

cruising altitudes in order to prevent conflict with other aircraft. An Above

Ground Level altimeter measurement above the takeoff point is

transmitted via radio from the sUAS on-board computer to the display

screen held by the PIC, providing a constantly updated AGL readout.

14 CFR 91.151 Fuel requirements for flight in VFR conditions.

The regulation provides that no person may begin a flight in an airplane

under day- vFR conditions unless there is enough fuel to fly to the first

point of intended landing and to fly after that for at least 30 minutes. We

feel the intention of this paragraph is to provide an energy reserve as a

safety buffer for delays to landing. The sUAV is battery operated and the

maximum duration of flight from a single battery charge is 12 minutes with

a 20% reserve. Since the aircraft will never fly more than 3/4 NM from the

point of intended landing, a full battery charge at launch will ensure that we

meet the reserve energy requirement of this paragraph. We request an

exemption to the word "fuel" and ask for an equivalent interpretation with

the word "energy".

14 CFR 91.203(a) & (b) Civil aircraft: Certifications required.

The regulation provides that an airworthiness certificate, with the

registration number assigned to the aircraft and a registration certificate

must be aboard the aircraft. Additionally, subparagraph (b) provides that

the airworthiness certificate be "displayed at the cabin or cockpit entrance

so that it is legible to passengers or crew." At a maximum gross weight of 

under 6.5 pounds, the sUAS is too small to carry documentation, does not

have an entrance, and is not capable of carrying passengers or crew. To

obtain an equivalent level of safety and meet the intent of 91.203, we

propose that documents deemed appropriate for this aircraft by the FAA

will be co-located with the crew at the ground control station and available

for inspection upon request. In order to identify the aircraft, we propose

that the information found on airworthiness and registration certificates be

permanently affixed to the aircraft via placard containing the following

information plus the word "EXPERIMENTAL" to satisfy the requirement of
14 CFR 45.23.

14 CFR Subpart E 91.401- 91.417 - Maintenance, Preventive

Maintenance, Alterations

The regulation provides that the operator is primarily responsible for

maintaining the aircraft in an airworthy condition, including compliance with

part 39 and 43.

Paragraphs 91.407 and 91.409 require that the aircraft be "approved for

return to service by a person authorized under 43.7" after maintenance and

inspection. It is our intention that the PIC perform maintenance and

inspection of the aircraft and "be authorized to approve the aircraft for

return to service." The PIC will ensure that the aircraft is in an airworthy

condition prior to every flight and in addition conduct detailed inspections

after every two hours of flight. Maintenance performed by the PIC is limited

to repairing small cracks, replacing a propeller, checking electrical

connections and updating software and firmware for the on-board computer.

All other maintenance will be performed by the manufacturer or their

designated repair facility. The PIC will document work performed in

accordance with 91.417. We feel that due to the size, construction, and

simplicity of the aircraft, the PIC can ensure an equivalent level of safety. 

All preflight checks will be signed, dated and retained and available at the 

request of the 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 / Model: Intelligent Flight Battery / TB48

Battery Capacity: 5700 mAh

The DJI Inspire 1 features 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 of the 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
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 / Model Number: C1

Operating Frequency: 5.725~5.825 GHz and 2.400~2.483 GHz 

Battery: 6000 mAh LiPo 2S

The DJI Inspire 1 owners manual is available on the DJI Website: 

http://download.djiinnovations.com/downloads/inspire_1/en/Inspire_1_User_Manual_v1.0_en.zip

The specifications of the DJI 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 of experience 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 services 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 services that pose a danger to 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 Rothacker

Atlanta Marketing Professionals

1420 Cresthaven Lane NW

Lawrenceville, GA 30043

678 -231 -4440