March 13, 2015

United States Department of Transportation Docket Management Sy stem 1200 New Jersey

Ave, SE West Building Ground Floor Room W 12

- 140 Washington, DC 20590

**RE: Exemption Request**  **under Section 333 of the Federal Aviation Administration**  **Modernization and Reform Act of 2012 and Part 11**  **of the Federal Aviation Regulations**  **from :**  **1 4**  **CFR 21 subpa r** **t H; 1**  **4 C**  **F R 4**  **5**
**. 2**  **3 (b)**  **; 14 CFR 61** 
**. 1**  **1 3**  **(a) and ( b**  **); 14**  **CFR 91.7(a); 14**  **CFR 9**  **1. 9(b)(2)**  **; 14 CFR 91.10**  **3 ; 14 CFR 91** 
**. 109**  **; 14 CFR 91** 
**. 1**  **1 9(c)**  **; 1**  **4 C**  **F R 9**  **1**
**. 1**  **21 ; 1**  **4 CFR 9**  **1. 15**  **1 (**  **a );**  **14 CFR**  **91**
**. 203**  **(a) and**  **(b) ;**  **1 4**  **CFR 91** 
**. 4**  **05 (a)**  **; 14**  **CFR 91** 
**. 4**  **07 ( a** **) (1);**  **1 4**  **CFR 91** 
**. 4**  **09 (a)(** **l ) and (**  **2 )**  **; 1**  **4 CFR 91** 
**. 417(a) and (b).**  Dear Sir or Madam:
Pursuant to Section 333 of FAA Modernization Act of 2012 and 14 CFR Part 11, INNOVATIVE AIRWORKS, LLC operator of a training facility o f specific models of DJI Small Unmanned Aircraft Sy stems (UAS) equipped with state of the art audio, video and data collection equipment ; h ereb y applies for an exemption from the listed Federal Aviation Regulations (FAR) to allow commercial operations of its UAS, so long as such operations are conducted within and under the conditions and limitations outlined herein or as may b e established by the FAA as required by S ection 333. The ability

t o offer safe flight training to persons individually o r belonging to both private and/or public organizations that have interests in the use and application of a UAS for the purpose of the safe operation of a UAS to enhance the safety of th e National Airspace System (NAS) as well as for the protection of the persons and property
. Therefore it is in the best interest of the Public for the F AA to approve the requested exemptions.

/s/ John King INNOVATIVE AIRWORKS, LLC President 157 Ram Dr. Covington, GA 30014 (678)

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- 4617UNITED STATES OF AMERI CA DEPARTMENT of TRANSPORTATION FEDERAL AVIATION ADMINISTRATION WASHINGTON, DC

Regulatory

Docket No:

_______________

INTHE MA T TER OF THE PETITION FOR EXEMPTI ON OF: INNOVATIVE AIRWORKS, LL C FOR AN EXEMPTION SEEKING RELIEF F ROM THE REQUIREMENTS OF TITL LE : 14 OF THE CODE OF FEDERA L , REGULATIONS SECTI ONS 6 1. 113(a), 61 .133(b), 91.119(c), 91.151(a), 91.405(a), 91.407(a)(1), 91.409(a)(1)&(2), 91.417(a), 121 CONCERNI NG OP.ERATI ON OF UNMANNED AIRCRAFT SYSTEMS PURS UANT TO SECTI ON 333 OFTHE FAA MODERNIZATION AND REFORM ACT OF 2012

Submitted on March 13 , 2015

John King INNOVATIVE AIRWORKS, LL C President 157 Ram Dr. Covington, GA 30014 (678)

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- 4617Table of Contents

Glossary of Abbreviations List of Attachments Introduction and Interest of Petitioner Unmanned Aerial Sy stems Unmanned Aircraft Pilot in Command (PI C) Operations of sUAS Requested Exemptions from Regulations Public Interest ConclusionAGL

ATC COA FAA FAR NAS PI C PQS Section 333 SOP sUAS UA UAS VFR VMC VO VLOS 

### Glossary of Abbreviations

Above Ground Level Air Traffic Control Certificate of Authorization Federal Aviation Administration Federal Aviation Regulation National Airspace Sy stem Pilot in Command Personnel Qualification Sy stem FAA Modernization and Reform Act of 2012, Section 333 Standard Operating Procedures Small Unmanned Aircraft Systems Unmanned Aircraft Unmanned Aircraft Sy stems Visual Flight Rules Visual Meteorological Conditions Visual Observer Visual Line of SightList of Attachments

(1) DJ I Phantom I User/OperatingManual ( 2 ) DJ I Phantom 2 Operating Manual (3) DJ I Inspire Operating Manual ( 4 ) DJ I S 8 00+ Operating Manual ( 5 ) DJ I S900+ Operating Manual ( 6 ) DJ I S1000+ Operating Manual Innovative Airworks has chosen six models manufactured by D JIa s their teaching and training platform and those models are listed above for which it is requesting the exemption. **Introduction and Interest of Petitioner** Innovative Airworks is a v eteran owned and operated company d edicated to the teaching and safe training/operation of UA S for individual and/or companies to enhance the safety of the NAS as well as for the protection of people and property. **Unmanned Aerial Systems**  Innovative Airworks will strictly adhere to the user/operating manual attached for the safe operation of their aircrafts. All procedures , such as pre

- flight , inspections, maintenance, and repair, will be conducted as speci fied by the manufacturer

. **General Information Pertaining to All Proposed Flights**  Innovative Airworks will operate less than fifty- five pound UAS, with the ability to conduct flight training

. Prior to each flight the PIC shall inspect the UAS to ensure it is in a condition for safe flight. If the inspection reveals a condition that affects the safe operation of the UAS, the aircraft will be prohibited from operating until the necessary mainten ance has been performed and the UAS is found to be in a condition for safe flight. The Ground Control Station must be included in the preflight inspection. All maintenance and alterations must be properly documented in aircraft records. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics shall undergo a functional test flight in accordance with the manufacturer’s manual

. The PI C who conducts the functional test flight shall make an entry

in the UAS aircraft logbook of the flight. Before conducting operations, the radio frequency spectrum used for operation and control of the UAS shall comply with the Federal Communications Commission (FCC) or other appropriate government oversight agency requirements.**Unmanned Aircraft Pilot in Command (PIC)** All flight crewmembers, including PIC and VO, will have an understanding of, and comply with, Title 14 Code of Federal Regulations, and/or Agency directives and regulations, applicable to the airspace where the UAS will operate. Specifically all flight crew me mbers will receive training on the rules and responsibilities described in 14 CFR Part 91 Sections 91.111, 91.113 and 91.115 regarding cloud clearance, flight visibility and the pilot controller glossary, including standard ATC phraseology and communication. The PIC must possess at least a current private pilot certificate and third class medical certificate. The PIC must also meet the flight review requirements specified in 14 CFR Section 61.56 in an aircraft in which the PIC is rated on his/her pilot certificate. A PIC will demonstrate a complete working knowledge of the UAV and will have accumulated a minimum of 10 hours of formal training and 10 hours of solo flight. All operations must utilize a VO. The VO may be used to satisfy the Visual Line of Sight (VLOS) requirement as long as the PIC always maintains VLOS capability. The VO and PI C must be able to communicate verbally at all times. This condition and limitation is consistent with all FAA approved Exemptions. **Operations of UAS**
The UAS shall remain cle ar and yield the right of way to all other manned aviation operations and activities at all times. The UAS shall be operated at an altitude of no more than 400 feet above ground level (AGL) and shall not be flown at a ground speed exceeding 30 mph for quad copters

. UAS Operations will be conducted under visual meteorological conditions (VF R). The UAS will not be operated less than 500 feet below or less than 2000 feet horizontally from a cloud or when visibility is less than 3 statute miles from the P IC. If the UAS loses communications or loses its GPS signal, it must return to a pre

determined location within the planned operating area and land or be recovered

. The UAS PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough power to fly at normal cruising speed to the intended landing point and land the UAS with 25 battery power remaining. The UAS ope rated in accordance with this proposed exemption shall be identified by serial numbers, registered in accordance with 14 CFR part 47, and have identification (N

Number) markings in accordance with 14 CFR part 45, Subpart C. Markings will be as large as practicable. The UAS documents required under 14 CFR 9l.9 and 9l.203 shall be available to the PIC at the Ground Control Station of the UAS anytime the aircraft is operating. Those documents shall be available to the Administrator or any law enforcement official upon request. The UAS shall not be operated over congested or densely populated areas. These areas include but are not limited to the yellow areas depicted on World Aeronautical Charts (WAC), Sectional Aeronautical Charts (Sectionals), or Terminal Area Charts (TAC).Each training site will also be evaluated based on local conditions. Operations of UAS may be conducted at distances less than 500 feet from participating persons, vessels, vehicles or structures that perform an essential function in connection with these special purpose operations. Operations closer than 500 feet from the PIC, VO, operator trainees and essential persons are permitted when operationally necessary; but never so close to present an undue hazard. Operations o f UAS may be conducted at distances less than 500 feet from unoccupied vessels, vehicles or structures owned by the land owner/controller when the land owner/controller grants such permission, and the PIC makes a safety assessment of the risk from operations and determines that it does not present an undue hazard to persons or property. Flight operations will be conducted at least 500 feet from all nonparticipating persons unless barriers or structures are present that sufficiently protect nonparticipating persons from the UAS and/or debris in the event of an accident.

Q Q All operations of s UAS shall be conducted with the permission from the land owner/controller or authorized representative. Permission from the land owner/controller or authorized representative will be obtained for each flight to be conducted. The UAS will not operate within 5 nautical miles of an airport reference point as denoted on a current FAA

-published aeronautical chart unless a letter of agreement with that airport's management is obtained, and the operation is conducted in accordance with a NOTAM as required by the operator's COA. The letter of agreement with the airport management will be made available to the Administrator upon request. The UAS must be operated within VLOS of the PIC and VO at all times. This requires the PI C to be able to use human vision to see the UAS unaided by any device other than corrective lenses, as specified on the PIC's FAA issued medical certificate. All UAS operations must utilize a VO. The VO may be used to satisfy the VLOS requirement as long as the PIC always maintains VLOS capability. The VO and PIC must be able to communicate verbally at all times. The PIC and VO must be designated before the flight and cannot transfer his or her designation for the duration of the flight.**Requested Exemptions from Regulations**

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1) Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of airworthiness certificates as required by F AR §91.203 (a) (1). Given the size and limited operating area associated with the aircraft to be utilized by the Applicant, an exemp tion from Part **21** Subpart H meets the requirements of an equivalent level of safety under Part 11 and Section 333 of the Reform Act. The Federal Aviation Act (49 U.S.C.§44701 (f)) 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 particular UAS. In all cases, an anal ys is of these criteria demonstrates that the UAS operated without an airworthiness certificate, in the restricted environment and under the conditions proposed will be at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate without the restrictions and conditions proposed. The UAS to be operated hereunder is less than 55 Lbs. Fully loaded, carries neither a pilot nor passenger, carries no explosive materials or flammable liquid fuels, and operates exclusively

within a secure d and designated area. Unlike other civil aircraft, operations under this exemption will be tightly controlled and monitored by both the operator and under the requirements and in compliance with local public safety requirements. These safety enhancements provide a greater degree of safety to the public and property o wners than conventional operations conducted with airworthiness certificates issued under 14 C.F.R. Part 21, Subpart H. Lastly , application of these same criteria demonstrates that there is no credible threat to national security posed b y the UAS, due to its size, speed of operation, location of operation, lack of explosive materials or flammable liquid fuels, and inability to carry a substantial external load.
14 C.F.R. § 45.23 (b). Marking of the Aircraft 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

certificate d 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 "pro visional," 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).14 C.F.R. § 61.113 (a) and (b): Private Pilot Privileges and Limitations: Pilot in

Command.
Pursuant to 14 CFR 61.113 (a) & (b), no person who holds a private pilot certificate may act as a pilot in command of an aircraft that is carryi ng passengers or property for compensation or hire. An equivalent level of safety may be achieved b y current Regulations becaus e the applicant's UAS do not carry any pilots or passengers nor property. The risks attendant to the operation of UAS is far less than the risk levels inherent in the commercial activities outlined in 14 CFR 61 14 C.F.R. §91.7(a): Civil Aircraft Airworth iness. The regulation requires that no person may operate a civil aircraft unless it is in airworthy c ondition. As there will be no airworthiness certificate issued for the aircraft, should this exemption be granted, no FAA regulatory standard will exist for determining airworthiness. Given the size of the aircraft for maintenance and use of safety check lists prior to each flight an equivalent level of safety will be provided. 14 C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft.
Secti on 91.9 (b) (2) provides: No person may operate a U.S.

- registered civil aircraft ... (2) For which an Airplane or Rotorcraft Flight Manual is not required b y §21.5 of this chapter, unless there is available in the aircraft a current approved airplane or Ro torcraft Flight Manual, approved manual material, markings, and placards, or any combination thereof. The UAS, given its size and configuration has no ability or place to carry s uch a flight manual on the aircraft, not only b ecause 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 w ill be maintained by keeping the flight manual at the ground control point where the pilot flying the UAS will have immediate access to it.
14 C.F.R. § 91.103: Preflight Action. This regulation requires each pilot in command 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. The PIC will take all actions as stated in the FOM in Section 4 under Normal Procedures including but not limited to reviewing weather, flight battery requirements, landing and takeoff distances and aircraft performance data before initiation of flight.

14 C.F.R. §91.109: Flight Instruction. Section 91.103 provides that no 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. UAS an d remotel y piloted aircraft, b y their design do not have fully functional dual controls.Flight control is accomplished through the use of a control box that communicates with

the aircraft via radio communications. The FAA has approved exemptions for fli ght training without full y functional dual controls for a number of aircraft and for flight instruction in experimental aircraft. The equivalent level of safety provided by the fact that neither a pilot nor passengers will be carried in the aircraft and b y the size and speed of the aircraft. 14 C.F.R. §91.119: Minimum Safe Altitudes. Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 (d) allows helicopters to be operated at less than the minimums prescribed, provided the person operating the helicopter complies with any route or altitudes prescribed for helicopters b y the FAA. As this exemption is for a UAS that is a helicopter and the exemption requests authority to operate at altitudes up to 400 AGL

. The equival ent level of safety will be achieved given the size, weight, speed of the UAS as well as the location where it is operated. No flight will be taken without the permission of the property owner or local officials. Because of the advance notice to the property

owner and participants in the filming activity , all affected individuals will be aware of the planned flight operations. Compared to flight operations with aircraft or rotorcraft weighting far more than the maximum 551bs. proposed herein and the lack of flammable fuel, any risk associated with these operations is far less than those presentl y presented with conventional aircraft operating at or below 500 AGL . In addition, the low

- altitude operations of the UAS will ensure separation between these UAS operations and the operations of conventional aircraft that must comply with Section 91.119. 14 C.F.R. §91.121 Altimeter Settings. This regulation requires each person operating an aircraft to maintain cruising altitude by reference to an altimeter that is set " t o the elevation of the departure airport or an appropriate altimeter setting available b efore departure." As the UAS may not have a barometric altimeter, but instead a GPS altitude read out, an exemption may be n eeded. An equivalent level of safety will be achieved b y the operator, pursuant to the safety check list and live flight data monitoring, confirming the altitude of the launch site shown on the GPS altitude indicator before flight. 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions Section 91.151 (a) 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 battery powering the UAS provides approximately 30 minutes of powered

flight. To meet the 30 minute reserve requirement in 14 CFR §91.151, UAS flights would be limited to approximately 10 minutes in length. Given the limitations on the UAS's proposed flight area and the location of its proposed operations within a predetermined area, a longer time frame for flight in daylight or twilight VFR conditions is reasonable. Applicant believes that an exemption from 14 CFR §91.151(a) falls within the scope of prior exemptions. Operating the UAS, in a tightly controlled area where only people and property owners or official representatives who have signed waivers will be allowed, with less than 30 minutes of reserve fuel, does not engender the type of risks that Section 91.151(a) was intended to alleviate given the size and speed of the small UAS. Additionally, l imiting UAS flights to 10 minutes would greatly reduce the utility for which the exemption will be granted. Applicant believes that an equivalent level of safety can be achieved by limiting flights to 30 minutes or 25 of battery power

- whichever happens fi rst. This restriction would be more than adequate to return the UAS to its planned landing zone from anywhere in its limited operating area. 14 C.F.R. §91.203 (a) and (b):Carrying Civil Aircraft Certification and Registration The regulation provides in pertinent part: (a) Except as provided in § 91.715, no person may operate a civil aircraft unless it has within it the following: (1) An appropriate and current airworthiness certificate (b) No person may operate a civil aircraft unless the airworthine ss 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 UAS fully loaded weighs no more than 55 L bs. and is operated without an onboard pilot, As such, there is no ability or place to carry certification and registration documents or to display them on the UAS. An equivalent level of safety will be achieved by keeping these documents at the ground control p oint where the pilot flying the UAS will have immediate access to them, to the extent they are applicable to the UAS.14 C.F.R.§91.405 (a); 407(a) (1);409 (a)(2); 417(a) & (b): Maintenance

Inspections. These regulations require that an aircraft operator or owner "shall have that aircraft inspected as 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

... ." and others shall inspect or maintain the aircraft in compliance with Part 43.
Given that these section and Part 43 appl y only to aircraft with an airworthiness certificate, these sections will not apply to the applicant. Maintenance will be accomplished by

the operator pursuant to the flight manual and operating handbook. An equivalent level of safety will be achieved because the UAS is very limited in size and will carry a small payload and operate onl y in restricted areas for a limited period of time. If mechanical issues arise the UAS can land immediately and will be operating from no higher than 400 feet AGL. The operator will ensure that the UAS is in working order prior to initiating flight, perform required maintenance, and keep a log of any maintenance performed. Moreover, the operator is the person most familiar with the aircraft and best suited to maintain the aircraft in an airworthy condition to provide the equivalent level of safety. An equivalent level of safety will be achieved becau se maintenance and inspections will be performed in accordance with the UAS Manufacturer's User Manual. As provided in the FOM, the operator will ensure that the UAS is in working order prior to initiating flight and perform required maintenance needed.

**Additional Information**

The applicant, John King, has been involved in the building and piloting of remote controlled aircraft for many years.
A lso , the primary

p ilot/instructor , Mr. King hold s a multi engine, IFR commercial pilot certificate and has an in

- depth understanding of the capabilities and safety concerns involved in using this technology as an asset to the community. Satisfaction of criteria provided in Section 333 of the Reform Act of 2012 provide more than adequate justification for the grant of the requested exemptions allowing the commercial operation of the applicant's UAS.CONCLUSION

As set forth above, Innovative Airworks LLC, seeks an exemption pursuant to 14 C.F.R. § 11.61 and Section 333 of the FAA Modernization and Reform Act of20 12 , which will permit safe operation of the above

- named UAS commercially for the purpose of conducting proper teaching and training over other than congested areas. By granting this Petition , the FAA will allow Innovative Airworks LLC to safel y, effectivel y and efficiently operate UAS commercially. Submitted March 13 , 2015 Respectfully

submitted,

John King INNOVATIVE AIRWORKS, LL C President 157 Ram Dr. Covington, GA 30014 (678)

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