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 FA**  **A Reform**  **Ac t**  **Atlanta Marketing Professionals Steven My** **les Rothacker Founder**  **678 231 -** **4440 my** **les@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**  **AN D**  **EQUIVA LENT**  **LEVEL OF**  **SA FETY**  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 forthe issuance ofan airworthiness certificate. While the FAA continues to workto develop airworthiness standards for Unmanned Aerial Systems, we request an experimental certificate be issued forthe DJI 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 new aircraftdesign concepts, newaircraft equipment, newaircraft installations, new aircraftoperating techniques, or new uses foraircraft. **(b) Showing**  **compliance with**  **regulations.** Conducting flighttests and other operations to show compliance with the airworthiness regulations including flights to show compliance for issuance oftype and supplemental type certificates, flights to substantiate majordesign changes, and flights to show compliance with the function and reliability requirements oftheregulations. Since the experimental certificate can be used forcommercial

purposes such as market surveys, sales demonstrations, and customer crewtraining, we would expectthat an experimental certificate would permit our commercial purpose as well. The aircraftwill not carry persons or property, will not carryfuel, and will onlyfly understrict operational requirements. Combined with the UA's lightweight, being constructed primarily ofcarbon fiberand plastic, we propose that the UAwill be at least as safe, if not safer, than a conventionallycertificated aircraft performing the same mission. Ifan experimental airworthiness certificate is not appropriate forthis application, then we request an exemption of 14 CFR Part 21, Subpart H, and the requirementforan airworthiness certificate in general, citing the equivalent level ofsafety 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 andrestricted, 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 bythe 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 ofthis requirement is to ensure thatflight manual information is available to the aircrew while operating the aircraft. We request an exemption to this requirement since the aircraft is not onlytoo 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 of91.9, 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 fullyfunctioning 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 student and instructor can, and will, operate the single set ofcontrols 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 ofsafety.
**91.119 Minimum**  **safe altitudes:**  **General.** The regulation states that oversparsely populated areas the aircraft cannot be operated closerthan 500 feetto any person, vessel, vehicle, or structure. Since the typical mission ofthe sUAS would be photography or survey of persons, vessels, vehicles orstructures itwould be necessary to operate closerthan 500 feetto the items listed. Operations will only be flown over property or persons where permission has been obtained andcareful pre-planned has been performed. The aircraftwill be operated at a

low altitude 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.
**CFR 91.121**  **Altimeter settings.**  The regulation requires that aircraftshall maintain cruising altitudes by reference to an altimetersetting available within 100 NM ofthe aircraft. The sUAS will always fly below 400 feetAGL and will not need to maintain cruising altitudes in orderto prevent conflictwith 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.
**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 afterthatfor at least 30 minutes. We feel the intention ofthis paragraph is to provide an energy reserve as a safety bufferfordelays to landing. The sUAV is battery operated and the maximum duration offlightfrom a single battery charge is 12 minutes with a 20% reserve. Since the aircraftwill neverfly more than 3/4 NM from the point of intended 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 the word "energy".
**14 CFR**  **91.203(a) &**  **(b) Civil**  **aircraft: Certifications**  **required.** The regulation provides that an airworthiness certificate, with the registration numberassigned 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 ofcarrying passengers or crew. To obtain an equivalent level ofsafety and meet the intent of 91.203, we propose that documents deemed appropriate forthis aircraft bythe FAA will be co-located with the crew at the ground control station and available for inspection upon request. In orderto identify the 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 requirementof14 CFR45.23.

**14 CFR**  **Subpart E**  **91.401 -**  **91.417 -**  **Maintenance, Preventive**  **Maintenance, Alterations**  The regulation provides thatthe 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 thatthe aircraft be "approved for return to service by a person authorized under43.7" after maintenance and inspection. It is our intention that the PIC perform maintenance and inspection ofthe aircraft and "be authorized to approve the aircraftfor return to service." The PIC will ensure thatthe aircraft is in an airworthy condition priorto everyflight 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 firmware forthe on-board computer. All other maintenance will be performed bythe manufacturerortheir designated repair facility. The PIC will documentwork performed in accordance with 91.417. We feel 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 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 TotalWeight: 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 thesUAS 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.dji

innovations.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