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November	30,	2015

U.	S.	Department	of	Transportation	

Docket	Management	System

1200	New	Jersey	Ave.,	SE

Washington,	DC	20590

Re:	Exemption	Request	Section	333	of	the	FAA	Reform	Act	of	2012	

The	name	and	address	of	the	applicant	is:

Mr.	Evan	R.	McDougal

Mrs.	Elizabeth	E.	McDougal

21	McGuigan	Ave

Manchester,	NH	03103

PH:	207	432	7814

Email: emcdougal@roadrunner.com

DBA:	ATP	Aerial	Consultants

Dear	Sir	or	Madam:

Pursuant	to	Section	333	of	the	FAA	Modernization	and	Reform	Act	of	2012	(the	Reform	Act)	and	14	

C.F.R.	 Part	 11,	 Evan	 R.	 McDougal	 and	 Elizabeth	 E.	 McDougal	 doing	 business	 as	 ATP Aerial

Consultants,	 a	 planning,	 survey,	 photography,	 and	 engineering	 inspection	 consultation	 entity,	

hereby	 applies	 for	 an	 exemption	 from	 the	 listed	 Federal	 Aviation	 Regulations	 ("FARs'')	 to	 allow	

commercial	 operation	 of	 its	 Small	 Unmanned	 Aircraft	 Systems	 ("sUAS")	 for	 aerial	 imaging	 for	

safety,	 inspection,	 and	 monitoring	 of	 commercial	 and	 residential structures,	 utility	 and	

transportation	infrastructure,	including	highways, bridges,	airports	and	construction	sites,	so	long	

as	 such	 operations	 are	 conducted	 within	 and	 under	 the	 conditions	 outlined	 herein	 or	 as	may	 be	

established	by	the	FAA	as	required	by	Section	333.

As	detailed	in	this	document	and	the	X8+ Flight	Manual,	the	requested	exemption	would	permit	the	

operation	 of	 sUAS	 under	 controlled	 conditions	in	airspace	 that	is	 1)	limited	 2)	 predetermined	 3)	

controlled	as	to	access	and	4)	would	provide	safety	enhancements	to	best	practices	safety	protocols	

followed	 by	 ATP Aerial	 Consultants at	 each	 one	 of	 its	 consultation	 sites.	 Approval	 of	 this	

exemption	 would	 thereby	 enhance	 safety	 and	 fulfill	 the	 Secretary	 of	 Transportation's	 (the	 FAA	

Administrator’s)	responsibilities	to	"...establish	requirements	for	the	safe	operation of	such	aircraft	

systems	in	the	national	airspace	system."	Section	333(c)	of	the	Reform	Act.	

The	sUAS	platform	to	be	used	is	the	3D	Robotics	– X8+ Quadcopter.		 The	X8+ Quadcopter	is	geared	

towards	 aerial	 photo,	 aerial	mapping,	filming, and	inspections.	 The	 system	 has	 an	 average	 flight	

time	of	15 minutes,	can	 fly	at	very	low	altitudes	and	at	slow	speeds.		The	X8+	Quadcopter	weighs	

5.6	 lbs.,	 the	 frame	 is	 made	 of	 strong	 aluminum	 which	 keeps	 the	 sUAS light	 enough	 to	 maximize	

aerial	mobility.		If	the	X8+	loses	link	with	the	ground	control	station	or	detects	a	low	battery	state	at	

any	time	it	will	initiate	a	return-to-launch	site	landing	sequence.	 For	additional	information	on	the	

X8+,	reference	the	X8+	Operation	Manual.
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Description	of	Proposed	Operations

The	 requested	 exemption	 would	 permit	 commercial	 operations	 by ATP	 Aerial	 Consultants,	

specifically	to	get	compensated for	providing precision	aerial	inspections	or	surveys	that	consist	of	

still	photographs	or	video	 taken	by	an	onboard	camera.	 Operations and	applications	we	seek	 for	

this sUAS	and	associated	data	processing	functions	include	aerial	photography,	mapping,	structural	

inspections,	real	estate	marketing,	vegetation	and	airport	aerial	approach	obstruction	surveys	and	

other	 flight	 operations	 that could	 be	 performed	 safely	 and	 more	 cost	 effectively	 with	 the	 use	 of	

sUAS	at	low	altitude	within	the	U.S.	national	airspace	system	as	compared	to	a	manned	aircraft.	 Use	

of	sUAS	for	these	operations	reduces	the	need	to	operate	conventional	aircraft	or	other	equipment	

for	the	same	purpose	and	provides	very	high	quality	imagery	at	a	 fraction	of	the	cost	of	the	same	

operations	using	conventional	means.	 Likewise,	inspections	of	structures	can	be	safely	performed	

without	endangering	the	inspector	or	inhibiting	local	industrial	or	public	operations	with	ladders,	

lifts	 or	 other	 equipment.	 These	 savings	 result	 in	 enhanced	 efficiency	 and	 productivity	 for	 the	

affected	activities,	as	well	as	environmental	benefits	and	potential	savings	in	both	cost	and	hazards	

to	the public.	

The	use	of	sUAS	during	a	transportation	or	utility	infrastructure	inspection	can	significantly	reduce	

the	 risk	 to	workers	 of	 falls	while	inspecting,	 surveying	 or	monitoring	 site	progress.		Aeronautical	

surveys	 of	 airport	 imaginary	 surfaces	 can	 quickly	 assist	 the	 owner	 in	 determining	 obstruction	

impacts	 and	 the	 need	 to	 mitigate	 or	 confirm	 that	 mitigation	 of	 those	 obstructions	 (lowering	 or	

lighting)	is	effective.	 	 sUAS	 can	inspect,	 photograph,	and	 collect	 data	 on	 hard	 to	get	 to	areas	 that	

otherwise	would	require	worker	inspection	.		

The	Pilot	in	Command	(PIC)	and	co-owner	of	ATP	Aerial	Consultants is	a	highly	qualified	retired	

USCG	 Aviator	 with	 over	 4000	 flight	 hours	 and	 holds	 FAA	 Airline	 Transport	 Pilot	 Certificates	

(2688028)	 for	 both	 multi-engine fixed	 wing	 as	 well	 as	 rotary	 wing	 manned	 aircraft.	 	 He	 also	

maintains	 FAA	 Certified	 Flight	 Instructor	 privileges	 for	 single	 engine	 land	 airplanes	 as	 well	 as	

CFI/CFII	privileges for	Rotorcraft	Helicopter.		He	spent	seven	years	as	an	Airport	Manager	of	a	busy	

GA	 airport	 and	 the	 last	 seven	 years	 as	 the	 Airport	 Planning	 Manager	 for	 a	 multi-disciplined	

planning	 and	 engineering	 firm.	 	 He	 is	 an	 expert	 on	 aviation,	 airports,	 and	the	 National	 Airspace	

System.

The	 proposed	 sUAS	 operations	 will	 be	 limited	 to	 daytime Visual	 Flight	 Rule	 (“VFR”)	 conditions,	

within	 visual	line-of-sight	 ("VLOS")	 of	 the	 operator,	and	will	 occur	at	least	 5	miles	away	 from	an	

airport,	 except	 and	 unless	 NOTAMS	 have	 been	 filed	 and	 approvals	 received	 from	 the	 Airport	

Manager,	 local	 Flight	 Standards	 District	 Office, (FSDO) and	 applicable Air	 Traffic Control	 Tower.	

(ATCT).	 	 Additional certificates	 of	 authorization	 will	 be	 applied	 for,	 when	 applicable,	 to	 facilitate	

airport	obstruction	identification.

Lastly,	sUAS	reduce	the	environmental	impact	by dramatically	decreasing	the	energy	used	for	aerial	

imaging	 and	 data	 collection	 over	 a	 structure,	 airport	 or	 construction	 site.	 	 Our	 sUAS	 use	

rechargeable	lithium	ion	batteries,	as	opposed	 to	 fossil	 fuels	burned	in	operation	of	small	aircraft	

that	are	many hundreds	of	times	heavier.	

Regulations	from	which	exemption	is	requested:	

14	C.F.R.	Part	21	Subpart	or	H	- Airworthiness	Certificates	

14	C.F.R.	45.23 - Display	of	marks;	general	

14	C.F.R.	91.7	(a) – Civil	Aircraft	Airworthiness	
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14	CFR	§	91.9(b)(2):	Civil	Aircraft	Flight	Manual	in	the	Aircraft	

14	C.F.R.	91.9	(c)	– Marking	of	Aircraft	

14	C.F.R.	91.103	– Preflight	Actions	

14	C.F.R.	91.109	– Flight	instruction	

14	C.F.R.	91.119	– Minimum	safe	altitudes:	General	

14	C.F.R.	91.121	– Altimeter	settings	

14	C.F.R.	91.151	– Fuel	requirements	for	flights	in	Visual	Flight	Rules	(VFR)	conditions	

14	C.F.R.	91.203	(a)(1)	– Civil	aircraft:	certification	required	

14	C.F.R.	91.405	– Maintenance	required	

14	C.F.R.	91.407	– Operation	after	maintenance,	preventative	maintenance,	rebuilding,	& alteration	

14	C.F.R.	91.409	– Inspections	

14	C.F.R.	91.417	– Maintenance	records	

1.	ATP	Aerial	Consultants seeks	exemption	from	the	requirements	of	14	CFR	Part	21,	Subpart	

H:	Airworthiness	Certificates	and	14	CFR	§	91.203(a)	(1)	

Section	 91.203(a)	 (1)	 requires	 all	 civil	 aircraft	 to	 have	 a	 certificate	 of	 airworthiness.	 Part	 21,	

Subpart	 H,	 entitled	 Airworthiness	 Certificates,	 establishes	 the	 procedural	 requirements	 for	 the	

issuance	 of	 airworthiness	 certificates	 as	 required	 by	 FAR	 §	 91.203(a)(1).	 Given	 the	 size	 of	 the	

aircraft	 (typically	 less	 than	 6 lbs.,	 and	 always	 less	 than	 55	 lbs.)	 and	 the	 limited	 operating	 area	

associated	 with	 its	 utilization,	 it	 is	 unnecessary	 to	 go	 through	 the	 certificate	 of	 airworthiness	

process	under	Part	21	Subpart	H	to	achieve	or	exceed	current	safety	levels.	

Such	 an	 exemption	 meets	 the	 requirements	 of	 an	 equivalent	 level	 of	 safety	 under	 Part	 11	 and	

Section	 333	 of	 the	Reform	Act.	The	 Federal	Aviation	Act	and	Section	 333	 of	 the	Reform	Act	 both	

authorize	 the	 FAA	 to	exempt	aircraft	 from	 the	 requirement	 for	an	airworthiness	certificate,	upon	

consideration	 of	 the	 size,	 weight,	 speed,	 operational	 capability,	 and	 proximity	 to	 airports	 and	

populated	areas	of	the	UAS	involved.	

In	 this	 case,	 an	 analysis	 of	 these	 criteria	 demonstrates	 that	 the	 sUAS	 operated	 without	 an	

airworthiness	 certificate,	 under	 the	 conditions	 proposed	 herein,	 will	 be	 at	 least	 as	 safe,	 or	 safer,	

than	a	conventional	aircraft	(fixed	wing	or	rotorcraft)	with	an	airworthiness	certificate.	 The	sUAS	

weighs	less	than	6 lbs.	fully	loaded.	It	will	not	carry	a	pilot	or	passenger,	will	not	carry	flammable	

fuel,	and	will	 operate	exclusively	within	an	area	 pre-disclosed	and	in	 compliance	with	 conditions	

set	forth	herein.	 Operations	under	this	exemption	will	be	tightly	controlled	and	monitored	by	both	

the	 operator,	 and	 by	 local	 public	 safety	 requirements.	 The	 FAA	 will	 have	 advance	 notice	 of	 all	

operations	through	the	filing	of	NOTAMs.	Receipt	of	the	prior	permission	of	the	land	owner,	the	size	

of	the	aircraft,	the	lack	of	flammable	fuel,	and	the	fact	that	the	aircraft	is	carried	to	the	location	and	

not	flown	there	all	establish	the	equivalent	level	of	safety.	 The	sUAS	provides	at	least	an	equivalent,	

and	 most	 likely	 exceeds,	 level	 of	 safety	 to	 that	 of	 such	 operations	 being	 conducted	 with	

conventional	aircraft	 that	would	be	substantially	larger	and	would	be	carrying	passengers,	cargo,	

and	flammable	fuel.	

2.	ATP	Aerial	Consultants seeks	exemption	from	the	requirements	of	14	CFR	§	45.23	&	

91.9(c):	Marking	of	the	Aircraft	

Regulation	 45.23	 provides:	(a)	 Each	 operator	 of	 an	 aircraft	 must	 display	 on	 that	 aircraft,	 marks	

consisting	 of	 the	 Roman	 capital	 letter	 “N”	 (denoting	 United	 States	 registration)	 followed	 by	 the	

registration	 number	 of	 the	aircraft.	 Each	 suffix	letter	 used	in	 the	marks	 displayed	must	also	 be	a	

Roman	capital	letter.	(b)	When	marks	include	only	the	Roman	capital	letter	“N”	and	the	registration	
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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.	

Regulation	 91.9(c)	 provides:	No	 person	 may	 operate	 a	 U.S.-registered	 civil	 aircraft	 unless	 that	

aircraft	is	identified	in	accordance	with	part	45	of	this	chapter.	

The	 sUAS	 has	 no	 entrance	 to	 the	 cabin,	 cockpit,	 or	 pilot	 station	 on	 which	 the	 markings	 can	 be	

placed.	Given	the	size	of	the	sUAS,	two-inch	lettering	will	be	impossible.	 Official	marking	systems	

for	 sUAS	 have	 not	 yet	 been	established	 for	 operations	inside	 the	NAS.	 ATP	Aerial	 Consultants is	

prepared	to	mark	the	sUAS	with	the	name	of	the	organization	and	location	or	origin	and	fulfill	any	

other	 request	 by	 the	 FAA	 to	 this	 topic	in	accordance	 to	 §	 45.29(f)	where	 the	 pilot,	 observer,	and	

others	 working	 with	 the	 sUAS	 will	 see	 the	 identification	 of	 the	 sUAS.	 The	 FAA	 has	 issued	 the	

following	exemptions	to	this	regulation;	see	Exemption	Nos.	8738,	10167,	10167A	and	10700.	

3.	ATP	Aerial	Consultants seeks	exemption	from	the	requirements	of	14	CFR	§	91.7(a):	Civil	

aircraft	airworthiness.	

This	 regulation	 requires	 that	 no	 person	 may	 operate	 a	 civil	 aircraft	 unless	 it	 is	 in	 airworthy	

condition.	 Should	 the	 exemption	 be	 granted	 allowing	 commercial	 operation	 of	 sUAS	 without	 an	

airworthiness	certificate,	no	standard	will	exist	for	airworthiness	of	the	sUAS.	 Given	the	size	of	the	

sUAS	and	the	previous	COAs	issued for	similar	sUAS,	an	equivalent	level	of	safety	will	be	achieved	

by	 ensuring	 compliance	 with	 the	 given	 sUAS	 manuals	 and	 use	 of	 safety	 checklists	 prior	 to	 each	

flight.	

4.	ATP	Aerial	Consultants seeks	exemption	from	the	requirements	of	14	CFR	§	91.9(b)(2):

Civil	Aircraft	Flight	Manual	in	the	Aircraft.	

The	regulation	provides:	No	person	may	operate	a	U.S.-registered	civil	aircraft	...	(2)	For	which	an	

Airplane	 or	 Rotorcraft	 Flight	 Manual	 is	 not	 required	 by	 §21.5	 of	 this	 chapter,	 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.	

Given	the	size	of	sUAS,	they	have	no	ability	or	place	to	carry	such	a	flight	manual	on	the	aircraft,	not	

only	because	there	is	no	pilot	on	board,	but	because	there	is	no	room	or	capacity	to	carry	such	an	

item	on	the	aircraft.		 The	equivalent	level	of	safety	will	be	achieved	by	keeping	the	flight	manual	at	

the	ground	control	point	where	the	PIC	flying	the	sUAS	will	have	immediate	access	to	it.	 The	FAA	

has	issued	to	others	the	 following	exemptions	to	this	regulation:	Exemption	Nos.	8607,	8737,	8738,	

9299,	9299A,	9565,	9565B,	10167,	10167A,	10602,	32827,	and	10700.	

5.	ATP	Aerial	Consultants seeks	exemption	from	the	requirements	of	14	CFR	§	91.103:	

Preflight	action	

This	regulation	requires	each	PIC	to	take	certain	actions	before	flight	to	insure	the	safety	of	flight.	

As	FAA	approved	rotorcraft	flight	manuals	will	not	be	provided	for	the	aircraft	an	exemption	will	be	

needed.	 An	 equivalent	 level	 of	 safety	 will	 be	 provided	 by	 following	 a	 comprehensive	 preflight	

checklist.	 The	 PIC	 will	 take	 all	 actions	including	 reviewing	 weather,	 flight	 battery	 requirements,	

landing	and	takeoff	distances	and	aircraft	performance	data	before	initiation	of	flight.	
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6.	ATP	Aerial	Consultants seeks	exemption	from	the	requirements	of	14	CFR	§	91.109: Flight	

Instruction	

Section	91.109(a),	which	provides	in	pertinent	part	 that	 "[n]o	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."	 sUAS	 and	 remotely	 piloted	 aircraft,	 by	 their	 design,	 do	 not	 have	

functional	 dual	 controls.	 Instead,	 flight	 control	is	 accomplished	 through	 the	 use	 of	 a	 device	 that	

communicates	 with	 the	 aircraft	 via	 radio	 communications.	 Accordingly,	 an	 exemption	 will	 be	

required	for	the	flight	instruction	requirements	of	14	C.F.R.	§	91.109(a).	

Given	the	size	and	speed	of	the	sUAS	that	ATP	Aerial	Consultants intends	to	use,	an	equivalent	level	

of	 safe	 training	 can	 still	 be	 performed	 without	 dual	 controls	 because	 no	 pilot	 or passengers	 are	

aboard	the	sUAS,	and	all	persons	will	be	a	safe	distance	away	in	the	event	that	the	UAS	experiences	

any	 difficulties	 during	 flight	 instruction.	 The	 FAA	 has	 approved	 exemptions	 for	 flight	 training	

without	 fully	 functional	 dual	 controls	 for	 a	 number	 of	 aircraft	 and	 for	 flight	 instruction	 in	

experimental	aircraft.	See	Exemption	Nos.	5778K	&	9862A.	

7.	ATP	Aerial	Consultants seeks	exemption	from	the	requirements	of	14	CFR	§	91.119:	

Minimum	Safe	Altitudes	

Section	91.119	establishes	safe	altitudes	for	operation	of	civil	aircraft.	 Specifically,	91.119(c)	limits	

aircraft	 flying	 over	areas	 other	 than	congested	areas	 to	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.	

Because	 aerial	 survey,	 mapping	 and	 inspection	 work	 must	 be	 accomplished	 at	 relatively	 low	

altitudes	and	at	altitudes	less	than	500	feet	AGL,	an	exemption	from	Section	91.119(c)	is	needed.	

The	 equivalent	 level	 of	 safety	 will	 be	 achieved	 given	 the	 size,	 weight,	 speed,	 and	 material	 with	

which	 sUAS	 are	 built.	 Also,	 no	 flight	 will	 be	 taken	 without	 the	 permission	 of	 the	 land	 owner	 or	

those	who	control	the	land.	 Because	of	the	advance	notice	to	the	landowner,	all	affected	individuals	

will	 be	 aware	 of	 the	 flights.	 Compared	 to	 aerial	 survey	 operations	 conducted	 with	 aircraft	 or	

rotorcraft	 weighing	 far	 more	 than	 55	 lbs.	 and	 carrying	 flammable	 fuel,	 any	 risk	 associated	 with	

these	operations	will	be	far	less	than	those	currently	allowed	with	conventional	aircraft	operating	

at	or	below	500	feet	AGL.	 Indeed,	the	low-altitude	operations	of	the	sUAS	will	maintain	separation	

between	these	sUAS	operations	and	the	operations	of	conventional	aircraft	that	must	comply	with	

Section	91.119.	

8. ATP	Aerial	Consultants seeks	exemption	from	the	requirements	of	14	CFR	§	91.121:	

Altimeter	Settings	

Section	91.121	requires	a	person	operating	an	aircraft	to	maintain	cruising	altitude	or	flight	level	by	

reference	to	an	altimeter	that	is	set	to	the	elevation	of	the	departure	airport	or	barometric	pressure.	

Some	sUAS	have	a	barometric	pressure	sensor,	while	others	only	use	GPS	for	elevation	or	altitude.	

When	a	barometric	pressure	sensor	is	on	the	sUAS,	it	is typically	“zeroed”	at	the	point	of	take-off;	

this	is	right	next	 to	 the	PIC	and	not	at	a	departure	airport.	The	altitude	reading	will	be	relative	 to	

that	point	(on	the	ground)	and	not	a	known	elevation.	

The	equivalent	level	of	safety	will	be	achieved	by	the	PIC	confirming	the	elevation	or	altitude	of	the	

launch	site.	The	altitude	of	the	sUAS	will	also	be	displayed	via	telemetry	on	the	Ground	Station	and	
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will	be	constantly	monitored	by	the	PIC	during	the	entire	flight	operation.	

9.	ATP	Aerial	Consultants seeks	exemption	from	the	requirements	of	14	CFR	§	91.151(a):	

Fuel	Requirements	for	Flight	in	VFR	Conditions	

This	regulation	prohibits	an	individual	from	beginning	“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;	or	(2)	At	night,	to	fly	after	that	for	at	least	45	minutes.”	

The	different	sUAS	batteries	provide	a	variety	of	powered	flight	times.	An	exemption	from	§14	CFR	

91.151	is	therefore	required.	

The	applicant	believes	that	an	exemption	from	14	CFR	§	91.151(a)	is	safe	and	within	the	scope	of	a	

prior	exemption.	 See	Exemption	10673	(allowing	Lockheed	Martin	Corporation	to	operate	without	

compliance	 with	 91.151(a)).	 Operating	 the	 sUAS,	 without	 30	 minutes	 of	 reserve	 fuel	 does	 not	

prompt	 the	 type	of	risks	 that	Section	91.151(a)	was	meant	 to	prevent	given	 the	size	and	speed	at	

which	 the	 sUAS	 operates.	 The	 fact	 that	it	 carries	 no	 pilot,	 passenger,	 or	 cargo	 also	 enhances	its	

safety.	 In	 the	 unlikely	 event	 that	 the	 battery	 on	 the	 sUAS	 should	 run	 out,	 it	 would	 simply	 land.	

Given	 its	 weight	 and	 construction	 material,	 the	 risks	 are	 less	 than	 contemplated	 by	 the	 current	

regulation.	

The	 applicant	 believes	 that	 an	 equivalent	 level	 of	 safety	 can	 be	 achieved	 by	 maintaining	 20%	 of	

reserve	battery,	which	would	be	more	than	adequate	to	return	the	sUAS	to	its	planned	landing	zone	

from	anywhere	in	its	operating	area.	

The	 FAA	 has	 granted	 similar	 exemptions	 to	 others,	including	Exemptions	2689F,	5745,	10673	and	

10808.	

10. ATP	Aerial	Consultants seeks	exemption	from	the	requirements	of	14	CFR	§	91.203	(a)	&	

(b):	Carrying	Civil	Aircraft	Certification	and	Registration	

This	regulation	provides	as	follows:		(a)	...	no	person	may	operate	a	civil	aircraft	unless	it	has	...	an	

appropriate	and	current	airworthiness	certificate.	 (b)	No	person	may	operate	a	civil	aircraft	unless	

the	 airworthiness	 certificate	 required	 by	 paragraph	 (a)	 of	 this	 section	 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.	

The	sUAS	fully	loaded	typically	weighs	less	than	6 lbs.,	and	always	less	than 55	lbs.	 As	such,	there	is	

no	ability	or	place	to	carry	certification	and	registration	documents	or	to	display	them	on	the	sUAS.	

In	addition,	there	is	no	pilot	on	board	the	aircraft.	

An	 equivalent	level	 of	 safety	will	 be	 achieved	 by	 keeping	 these	 documents	 at	 the	 ground	 control	

point	 where	 the	 PIC	 flying	 the	 sUAS	 will	 have	 immediate	 access	 to	 them.	 The	 FAA	 has	 issued	

numerous	 exemptions	 to	 this	 regulation.	 A	 representative	 sample	 of	 other	 exceptions	 includes	

Exemption	Nos.	9565,	9665,	9789,	9789A,	9797,	9797A,	9816A,	and	10700.	

11.	ATP	Aerial	Consultants seeks	exemption	from	the	requirements	of	14	CFR	§	91.405(a);	

407(a)(1);	409(a)(1)	and	(2);	417(a)	and	(b):	Maintenance	Inspections	

Section	91.405(a)	requires	that	an	aircraft	operator	or	owner	“shall	have	that	aircraft	inspected	as	
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prescribed	in	subpart	E	of	this	part	and	shall	between	required	inspections,	except	as	provided	in	

paragraph	(c)	of	this	section,	have	discrepancies	repaired	as	prescribed	in	part	43	of	this	chapter	...”	

Section	91.407	similarly	makes	reference	to	requirements	in	Part	43;	Section	91.409(a)(2)	requires	

an	annual	inspection	for	the	issuance	of	an	air	worthiness	certificate.	Section	91.417(a)	requires	the	

owner	or	operator	to	keep	records	showing	certain	maintenance	work	that	has	been	accomplished	

by	certificated	mechanics,	under	Part	43,	or	licensed	pilots	and	records	of	approval	of	the	aircraft	

for	return	to	service.	

The	sUAS	are	nearly	maintenance	free,	they	perform	automatic	pre-flight	checks	and	the	failure	of	

any	check	will	prevent	takeoff.	 Checks	that	cannot	be	done	by	the	system will	be	performed	by	a	

qualified	person	prior	to	each	flight	and	at	predefined	intervals	as	part	of	a	maintenance	schedule.	

Pre-flight	 checklist	 includes:	 1.	 Visual	 inspection	 of	 the	 airframe 2.	 Visual	 inspections	 of	 rotor	

integrity	 3.	Check	charge	of	all	batteries	(aerial	vehicle,	command	station,	radio	repeater	station)	

Safety

An	 equivalent	 level	 of	 safety	 will	 be	 achieved	 because	 the	 sUAS	 is	 small	 in	 size,	 will	 carry	 no	

external	 payload,	 will	 operate	 only	 in	 restricted	 predetermined	 areas	 and	 is	 not	 a	 complex	

mechanical	 device.	 The	 operator	 of	 the	 sUAS	 will	 ensure	 that	 it	 is	 in	 working	 order	 prior	 to	

initiating	 flight,	 perform required	 maintenance,	 and	 keep	 a	 log	 of	 any	 maintenance	 that	 is	

performed.	 Moreover,	the	operator	is	the	person	most	familiar	with	the	aircraft	and	is	best	suited	

to	maintain	the	aircraft	in	an	airworthy	condition	and	to	ensure	an	equivalent	level	of	safety.	

If	 mechanical	 issues	 arise,	 the	 sUAS	 can	 land	 immediately	 due	 to	 the	 pre-determined	 area	 of	

operation.	 Moreover,	the	sUAS's	small	size,	carrying	capacity,	and	the	fact	that	flight	operations	will	

only	take	place	in	restricted	areas	for	limited	periods	of	time,	create	less	risk	than	the	same	factors	

associated	with	conventional	fixed-wing	aircraft	and	rotorcraft	performing	the	same	operation.	

Public	Interest	

Approval	of	this	exemption	for	commercial	operations	will	enhance	safety	by	reducing	risk.	 Use	of	

the	sUAS	in	lieu	of	a	manned	aircraft	would	enhance	safety	and	reduce	the	environmental	impact	as	

compared	to	similar	operations	conducted	with	manned	aircraft	that	weigh	in	excess	of	6,000	lbs.,	

carrying	 a	 crew	 and	 flammable	 fuel.	 Such	 aircraft	 must	 fly	 to	 and	 from	 the	 project	 location.	 In	

contrast,	a	sUAS	weighing	less	than	6 lbs.	and	powered	by	batteries,	eliminates	virtually	all	of	that	

risk	given	the	reduced	mass	and	lack	of	combustible	fuel	carried	on	board.	 The	sUAS	is	carried	to	

the	target	area	and	not	 flown.	 The	sUAS	will	carry	no	passengers	or	crew	and,	therefore,	will	not	

expose	them	to	the	risks	associated	with	manned	aircraft	flights.	

In	regards	to	performing	inspections	of	various	structures,	and	airport	approach	surfaces the	sUAS	

will	 minimize	 the	 risk	 to	 persons	 attempting	 to	 climb	 these	 structures	 and	 photograph	 problem	

areas.	 It	will	provide	a	way	for	companies	to	have	their	engineers	review	photographs	and	provide	

additional	 safety	 to	 the	 general	 public	 in	 regard	 to	 structure	 failure	 or	 airport	 obstruction	

identification	 that	 are	 hard	 to	 determine	 by	 ground	 based	 survey	 methods	 and	 expensive	 to	

accurately	 identify	 via	 manned	 aircraft	 overflights.	 	 The sUAS	 will	 allow	 for	 an	 easier	 and	 safer	

assessment.	

Given	 the	 small	 size	 of	 the	 sUAS	involved	 and	 the	 restricted	 environment	within	which	 they	will	

operate,	 our	 application	 falls	 squarely	within	 the	 zone	 of	 safety	 (an	 equivalent	level	 of	 safety)	in	
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which	Congress	envisioned	that	the	FAA	must,	by	exemption,	allow	commercial	operations	of	sUAS	

to	 commence	 immediately.	 	 Also	 due	 to	 the	 small	 size	 of	 the	 sUAS	 and	 the	 low	 altitudes	 and	

restricted	 areas	in	which	 the	 sUAS	will	 operate,	 approval	 of	 the	 application	 presents	 no	 national	

security	issue.		Given	the	clear	direction	in	Section	333	of	the	Reform	Act,	the	authority	contained	in	

the	 Federal	 Aviation	 Act,	 as	 amended;	 the	 strong	 equivalent	 level	 of	 safety	 surrounding	 the	

proposed	operations,	and	the	significant	public	benefit,	including	enhanced	safety,	the	grant	of	the	

requested	exemptions	is	in	the	public	interest.

Conclusion	

ATP	Aerial	Consultants respectfully	requests	that	the	FAA	grant	the	requested	exemption	and	is

prepared	to	modify	or	amend	any	part	of	this	request	to	satisfy	the	need	for	an	equivalent	level	of	

safety.	 We	look	forward	to	working	with	your	office.	 If	additional	information	or	clarification	is	

needed,	please	feel	free	to	contact	us.	

Respectfully	Submitted,	

Evan	R.	and	Elizabeth	E.	McDougal

ATP	Aerial	Consultants

References	not	attached:	

3DR	X8+ Manual

3DR	X8+ Prefight	Checklist