APPLIED TECHNICAL SERVICES, INC.

www.atslab.com 1049 Triad Court • Marietta, GA 30062 • 770-423-1400

Professional Engineers and Scientists: Design • Consulting • Testing • Inspection

In states where Applied Technical Services, Inc. does not provide engineering services,

engineering services will be provided by ATS Engineering, (P)LLC or a licensed subcontractor.

February 11, 2016

U.S. Department of Transportation

Docket Operations

West Building Ground Floor, Room W12-140

1200 New Jersey Avenue, SE

Washington, DC 20590

Electronically Submitted via www.regulations.gov

Regarding: Petition of Applied Technical Services, Inc. for Exemption pursuant to Section 333 of the 

FAA Modernization and Reform Act of 2012 (FMRA) and 14 CFR Part §11 of the Federal 

Aviation Regulations.

Background 

Applied Technical Services, Inc. (ATS) requests an exemption from the Federal Aviation Regulations as 

outlined below. The purpose of utilizing Unmanned Aerial Systems (UAS) is to perform inspections 

commercially on storage tanks, pressure vessels, pipelines, bridges, or other access-limited structures for 

Aerial Data Acquisition. ATS strives to exceed the expectations of our clients by providing high quality 

services at competitive prices in a safe and timely manner. 

At ATS our engineering services for tank inspections and integrity programs provides companies and 

industries the confidence to minimize unscheduled downtime, safety and environmental risks and at the 

same time maximize the benefits of their inspection dollars. Our engineers are experienced, hands-on 

field and office professionals implementing comprehensive testing and inspections in an efficient and cost 

effective manner positioning us above our competition.

In the granting of Exemption 12989 and 11554, ATS is seeking a comparable request due to similar type 

of UAS and work descriptions. 

The name and address of the applicant is:

Applied Technical Services, Inc.

Attn: James M. Paxinos

1049 Triad Court

Marietta, GA 30062
 APPLIED TECHNICAL SERVICES, INC.

www.atslab.com 1049 Triad Court • Marietta, GA 30062 • 770-423-1400

Professional Engineers and Scientists: Design • Consulting • Testing • Inspection

In states where Applied Technical Services, Inc. does not provide engineering services,

engineering services will be provided by ATS Engineering, (P)LLC or a licensed subcontractor.

Public Interest

ATS believes that the operation of a UAS serves the public interest as identified in 14 CFR §11.81(d) for 

several reasons:

1. A properly performed inspection using a UAS can result in a safer work environment for our workers. 

1.1. Inspections performed at elevations could be minimized.

1.2. Inspections performed in close proximities to equipment at elevated temperatures could be 

minimized.

1.3. The possibility to remove inadvertent exposure to hazardous conditions.

2. A UAS inspection can be performed at a lower cost and can be performed faster than constructing 

scaffolding or using rope access.

3. The ability to improve inspections to provide data that might otherwise be problematic to obtain would 

be beneficial.

4. The Pilot in Command (PIC) will be trained and certified as required by FAA regulations to ensure 

proper operation and a safe flight.

Aircraft / Equipment

ATS plans to utilize the following type of unmanned aircraft:

• DJI Inspire 1

o This UAS has several built-in safety features as identified below:

 Flights can be pre-programmed with GPS Guidance.

 A return to home function allows for autonomously returning if errors, low battery, 

or controller loss is identified.

 Maximum distance settings from objects can be set.

 A maximum altitude setting can be set.

 Additional safety features can be found in Appendix A “Inspire 1 Safety 

Guidelines”.

The UAS will be registered and marked according to 49 USC 44103, 14 CFR §47, and 14 CFR Part §45 

before being placed in service. 

14 CFR 11.81(b) – Exemptions Requested:

ATS requests the following exemptions as listed below:

1. 14 CFR Part §21, Subpart H – Requirements to Secure Airworthiness Certificates

• ATS requests an exemption of an Airworthiness Certificate based on size, weight, and operation 

of the UAS.

2. 14 CFR §45.23(b) & §45.29 – Marking of the Aircraft & Size of Marks

• ATS requests an exemption of the display and size of marks due to the size of the aircraft. The N 

registration number, serial numbers, and ownership will be identified on the UAS.
 APPLIED TECHNICAL SERVICES, INC.

www.atslab.com 1049 Triad Court • Marietta, GA 30062 • 770-423-1400

Professional Engineers and Scientists: Design • Consulting • Testing • Inspection

In states where Applied Technical Services, Inc. does not provide engineering services,

engineering services will be provided by ATS Engineering, (P)LLC or a licensed subcontractor.

3. 14 CFR §61.23 (a) & (c) – Medical Certificates: Requirement and Duration

• ATS requests an exemption of the Medical certificate to operate the DJI Inspire 1.

4. 14 CFR §61.101 (e)(4) & (5) – Recreational Pilot Privileges and Limitations

• ATS requests an exemption to allow a recreational pilot to operate a UAS for compensation or 

hire.

5. 14 CFR §61.113 (a) & (b) – Private Pilot Privileges and Limitations: Pilot in Command

• ATS requests an exemption to allow a private pilot to operate a UAS for compensation or hire.

6. 14 CFR §61.315 (c)(2) & (3) – Sport Pilot Privileges and Limitations

• ATS requests an exemption to allow a sport pilot to operate a UAS for compensation or hire.

7. 14 CFR §91.7(a) – Civil Aircraft Airworthiness

• ATS requests an exemption due to the UAS not requiring an airworthiness certification per 14 

CFR Part §21, Subpart H. ATS will maintain the UAS in an airworthy condition within the 

Manufacturer’s recommendations and the operating procedures in this document.

8. 14 CFR §91.119(c) – Minimum Safe Altitudes: General

• ATS requests an exemption due to the intended use of the UAS, inspection of on storage tanks, 

pressure vessels, pipelines, bridges, or other access-limited structures. The UAS will be operated 

below the safe altitude and will maintain safe distances from people, vessels, vehicles and 

structures outside of the intended inspection.

9. 14 CFR §91.121 – Altimeter Settings

• ATS requests an exemption because the DJI Inspire 1 does not have a typical barometric 

altimeter onboard. The DJI Inspire 1 does obtain altitude information from onboard GPS that is 

based off the launch point. 

10. 14 CFR §91.151(a)(1) – Fuel Requirements for Flights in VFR Conditions

• ATS requests an exemption due to the maximum flight duration of the DJI Inspire 1 is 20-24 

minutes and is battery powered. The DJI Inspire 1 also has an automatic return to home safety 

feature that return the UAS to the launch point when the battery is at 18% remaining.

11. 14 CFR §91.203 (a) & (b) – Civil Aircraft: Certifications Required

• ATS requests an exemption should the FAA approve the 14 CFR Part 21 Subpart H exemption. 

To comply with the safety requirements of this section, all pertinent documentation will be 

available to the PIC at the ground control station and be available upon request.

12. 14 CFR §91.405(a) – Maintenance Required

• ATS requests an exemption due to this section applying to aircraft with an airworthiness 

certificate. However, the PIC will ensure that before each flight the UAS is in airworthiness 

condition. ATS will maintain all maintenance, preventative maintenance, and alteration records 

which will be available upon request.
 APPLIED TECHNICAL SERVICES, INC.

www.atslab.com 1049 Triad Court • Marietta, GA 30062 • 770-423-1400

Professional Engineers and Scientists: Design • Consulting • Testing • Inspection

In states where Applied Technical Services, Inc. does not provide engineering services,

engineering services will be provided by ATS Engineering, (P)LLC or a licensed subcontractor.

13. 14 CFR §91.407(a)(1) – Operation after Maintenance, Preventative Maintenance, Rebuilding, or 

Alteration

• ATS requests an exemption due to this section applying to aircraft with an airworthiness 

certificate. However, the PIC will be responsible for performing a function test flight prior to 

returning to service. The functional test flight will be documented on the maintenance, 

preventative maintenance, or alteration record if the service performed was associated with 

critical operation or flight components.

14. 14 CFR §91.409 (a)(1) & (2) - Inspections

• ATS requests an exemption due to this section applying to aircraft with an airworthiness 

certificate. The UAS will also be inspected prior to use and on a monthly basis to verify working 

conditions. If any issues are found, the UAS will be taken out of service until the issue is repaired 

and found to be safe for return to service.

15. 14 CFR §91.417 (a) & (b) – Maintenance Records

• ATS requests an exemption due to this section applying to aircraft with an airworthiness 

certificate. ATS will maintain all maintenance, preventative maintenance, and alteration records 

which will be available upon request.

16. 8900.227 Paragraph 16(c) (4) – PIC Medical

• ATS requests an exemption from the requirement of the PIC to have a FAA Class II medical 

certificate. ATS will require the PIC to have at least a sport’s pilot license which requires either a 

FAA Class III medical certificate or a State-issued Driver’s License.

Safety 

ATS fosters a culture of safety and engaged professionals sharing the responsibility in fulfilling our 

mission. Our professionals are committed to safety, quality, and exceptional client service. The size, 

weight, speed, and operating area for the UAS meets the conditions within the FMRA Section 333 and will 

not require an airworthiness certificate. 

• Personnel

o Pilot in Command (PIC)

 The PIC will hold at a minimum a sport pilot’s license, State-issued Driver’s License

and have 20/20 vision with or without correction.

o Visual Observer (VO)

 The VO will at a minimum have a valid State-issued Driver’s License and have 

20/20 vision with or without correction.

• Training

o The PIC will have a minimum of 10 hours of flight time and three (3) take-offs and three (3) 

landings documented with the specific UAS in the preceding 90 days.

o The PIC will have to demonstrate the ability to safely operate the UAS including the ability 

to avoid obstacles, account for weather conditions, maintain safe distances, and during an 

emergency situation.

o The PIC and VO will adhere to all procedures and restrictions listed under Operations.
 APPLIED TECHNICAL SERVICES, INC.

www.atslab.com 1049 Triad Court • Marietta, GA 30062 • 770-423-1400

Professional Engineers and Scientists: Design • Consulting • Testing • Inspection

In states where Applied Technical Services, Inc. does not provide engineering services,

engineering services will be provided by ATS Engineering, (P)LLC or a licensed subcontractor.

• Maintenance

o The UAS will be inspected by the PIC to verify airworthiness before and after each flight. 

o A monthly inspection of the UAS and associated equipment will be performed and 

documented.

o All maintenance, inspections, alterations, and part replacements will be documented and 

follow the manufacturer’s recommendations.

Operations

Operating the UAS will be at a minimum a two-person team (PIC and VO). The roles, requirements, 

procedures, and restrictions are listed below.

• Procedures

o ATS will obtain an Air Traffic Organization Certificate of Authorization prior to conducting 

any flights under this exemption. ATS will request a Notice to Airman (NOTAM) not more 

than 72 hours in advance, but not less than 48 hours prior to operation.

o The following will need to be performed prior to flight:

 Permission from land owner / controller before flight.

 ATS will determine city, county, state, or other government agency restrictions that 

are beyond FAA requirements at the location of the flight. All applicable permits 

and permissions will be obtained prior to flight.

 Pre-flight checklist to be completed and documented.

 The flight path and surrounding area will be visually inspected to identify potential 

concerns.

 Pre-flight inspection to be performed and documented.

o The UAS will be obtaining Aerial Data Acquisition only.

o The PIC will maintain a visual line of sight with the UAS at all times and have clear 

communication with the VO.

o The VO will maintain a visual line of sight with the UAS at all times and have clear 

communication with the PIC.

• Restrictions

o All flights to be restricted to 500 feet altitude above ground level.

o The UAS will not operate over any persons not directly involved in the operation.

o The UAS will yield right-of-way to other aircraft, manned or unmanned.

o The UAS will not fly in adverse weather conditions such as high winds or reduced visibility.

o The UAS will not exceed 20 knots airspeed.

o All flights will occur during daylight hours unless specific authorization is approved by the 

closest FAA office.

o The UAS will not be operated within 5 nautical miles of a non-towered airport or other “NoFly” zones.

o The UAS will not be operated in Class B, C, or D airspace without written approval from the 

FAA.

o The UAS utilized will adhere to the weight restrictions of the FAA (55 pounds).
 APPLIED TECHNICAL SERVICES, INC.

www.atslab.com 1049 Triad Court • Marietta, GA 30062 • 770-423-1400

Professional Engineers and Scientists: Design • Consulting • Testing • Inspection

In states where Applied Technical Services, Inc. does not provide engineering services,

engineering services will be provided by ATS Engineering, (P)LLC or a licensed subcontractor.

In Conclusion

ATS requests an approval to this exemption request to Section 333 of the FAA Modernization and Reform 

Act of 2012 (FMRA) and 14 CFR Part §11 of the Federal Aviation Regulations. This exemption approval 

will permit the safe operation of a UAS to perform commercial inspections on structures, storage tanks, 

pressure vessels, pipelines, and bridges for Aerial Data Acquisition. In the granting of Exemption 12989 

and 11554, ATS believes that there is satisfactory justification for approval of this exemption.

Sincerely, 

Applied Technical Services, Inc.

Attn: James M. Paxinos

1049 Triad Court

Marietta, GA 30062

jpaxinos@atslab.com

Brian M. Schmidt

1049 Triad Court

Marietta, GA 30062

brians@atslab.com

Attachments:

• The Inspire 1 Safety Guidelines is attached as Appendix A.

• The Inspire 1 Maintenance Manual is attached as Appendix B.