July 6, 2015 

U.S. Dept. of Transportation, Docket Operations 

West Building Ground Floor, Room w12-140 

1200 New Jersey Avenue, SE., 

Washington, DC 20590 

Submitted Electronically via the Federal Docket Management System (FDMS) 

Re: Exemption Request under Section 333 of the FAA Reform Act and Part 11 of the Federal 

Aviation Regulations 

Dear Sir or Madam: 

On Behalf of the Total Control Innovations, Inc., and Pursuant to Section 333 of the FAA 

Modernization and Reform Act of 2012 and 14 C.F.R. Part 11, I Ali Ahmed, Chief Executive 

Officer am seeking an exemption from Part 21 Subpart H; and Sections 91.203 (a) (1), 45.23 

(b), 91.7 (a), 91.9, 61.113, 61.133, 91.109, 91.119, 91.121, 91.151, and (91.401 - 91.417) 

Subpart E, of Title 14, Code of Federal Regulations (14 CFR). This proposed exemption would 

allow for the operation of our unmanned aircraft systems (UAS) all are DJI models: 

• Phantom 2 

• Phantom 3 

• S 900 

• Inspire 1 

THE UNMANNED AIRCRAFT SYSTEMS (UAS):

• The UAS are lightweight (under 55lb. gross weight), battery operated multi Rotor 

copters that take off and land vertically and have the ability to hover in one location 

during flight. 

THE UAS INCLUDES:

 • An on-board flight computer with GPS navigation and location ability that receives 

signals for flight controls from a ground-based transmitter/controller; • An on-board camera capable of capturing imagery in the form of full color, high 

definition still photos and video • An on-board telemetry system that delivers flight data from the on-board flight 

computer to the on-board radio transmitter including altitude AGL, horizontal and 

vertical speed, compass direction of flight and direction back to its launch site • A 5.8GHz on-board radio transmitter that transmits live video from the on-board 

camera plus all the flight data from the telemetry system described above 

THE GROUND STATION PART OF THE SYSTEM:

• A Pilot in Command (PIC) In operational control of a mission from beginning to end, 

and who controls the UAS while in the air 

• A 2.4GHz radio transmitter/controller operated by the PIC to control the UAS while in 

flight 

TOTAL CONTROL INNOVATIONS, INC. - SECTION 333 EXEMPTION REQUEST Page 1 of 3 
• Ground Station (computer, tablet for smart phone based app) which receives and 

displays video and system telemetry real time from the UAS 

• A Visual Observer (VO), a person who provides a second pair of eyes to visually track 

the UA while in flight. 

PILOT IN COMMAND (PIC) AND VISUAL OBSERVER:

The PIC and VO will meet the requirements outlined in FAA Policy N 8900.227 Section 16 

personnel Qualifications. Additionally, the PIC and VO will perform maintenance on the 

system and will complete a course of maintenance instruction as part of their initial training. 

I submit that the combination of the UAS light weight, flight performance and ability, fully 

qualified flight crew and strict operation under the guidelines established in 8900.227, and 

under all of the Restrictions listed above, the FAA can have full confidence that the operation 

will have an equivalent or greater level of safety than manned aircraft performing the same 

mission.

INTENDED USE: 

The requested exemption would allow us to use the UAS for aerial image acquisition to 

support various mapping and surveying applications as well as video documentation for the 

public good. Typical applications would include, but are not limited to: 

• Videography/Film-making 

• Aerial Photography 

• Aerial Mapping 

• Training 

The inherent ability of the UAS is to capture imagery from a low altitude including oblique 

photos and video from several angles is far more effective than ground based imagery for 

displaying the characteristics of buildings, sites and properties or areas where aerial 

monitoring is needed. The applicant in the past has chartered fixed wing aircraft and/or 

helicopters for this purpose, which have proven more costly than many potential clients have 

been able to afford, resulting loss of opportunities. Further, the applicant is a reseller of UAS 

and would if this request is granted, be able to offer training to clients as a service. 

PUBLIC SAFETY: 

UAS, are powered by batteries, they are smaller, lighter and more maneuverable than larger 

aircraft running on combustible fuel; they operate at lower altitudes (under 400’) with no 

people on board thereby reducing current risk levels and enhancing public safety. With a small 

payload and maximum flight time of approximately 22 minutes, UAS offer little or no risk to 

national security. In addition the DJI UAS have their own built in flight restrictions in special 

areas such as airports, which limit flight in these areas. More information can be found in the 

UAS User Manual or on DJI’s website at https://www.dji.com/fly-safe. 

SUMMARY GRANT REQUEST: 

This request follows many others using similar systems and process that have been granted 

previously. I am requesting the FAA issue a summary grant of exemption as this request would 

not set a precedent. 

TOTAL CONTROL INNOVATIONS, INC. - SECTION 333 EXEMPTION REQUEST Page 2 of 3 
• The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, 

11213, and 11624 

• A grant of exemption would be in the public interest. 

THE REGULATIONS FROM WHICH THE EXEMPTIONS ARE BEING REQUESTED 

Beside each regulation number is the page of the attached Addendum upon which each may 

be found together with a proposed equivalent level of safety for each regulation: 

I am prepared to modify or amend any part of this request to satisfy the need for an 

equivalent level of safety. Please contact us at any time if you require additional information 

or clarification. I am the primary point of contact for this request and look forward to 

working with your office.

 Sincerely,

Ali Ahmed

Chief Executive Officer

Total Control Innovations, Inc. 

Phone: 480-427-9959

Email: ali.ahmed@tcirc.com

Addendum Containing Exemption Requests and Equivalent Level of Safety

Appendix A – Flight Operations/Procedures

Appendix B – User’s Manuals 

- 14 CFR Part 21 Subpart H Addendum Page 1

- 14 CFR 91.203 (a) (1) Addendum Page 1

- 14 CFR 45.23 (b) Addendum Page 1

- 14 CFR 91.7 (a) Addendum Page 2

- 14 CFR 91.9 Addendum Page 2

- 14 CFR 61.113, 61.133 Addendum Page 2

- 14 CFR 91.109, 91.119, 91.121 Addendum Page 3

- 14 CFR 91.151 Addendum Page 3

- 14 CFR Subpart E (91.401 - 91.417) Addendum Page 4

- FAA Policy 8900.227 Paragraph 16(c)(4) and Paragraph 16(e)(1) Addendum Page 4

TOTAL CONTROL INNOVATIONS, INC. - SECTION 333 EXEMPTION REQUEST Page 3 of 3 
TOTAL CONTROL INNOVATIONS, INC. - SECTION 333 EXEMPTION REQUEST Page 4 of 3 
ADDENDUM

EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY

I, Ali Ahmed, Chief Executive Officer of the Total Control Innovations, Inc., request an 

exemption from the following regulations as well as any additional regulations that may

technically apply to the operations of the DJI Phantom 2, Phantom 3, S 900, and Inspire 1

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 FAR 91.203( a) (1). 

Given the size and limited operating area associated with the UAS to be utilized by the 

Petitioner, an exemption from Part 21 Subpart H meets the requirements of an equivalent 

level of safety under Part 11 and Section 333 of the FMRA. The Federal Aviation Act (49 

U.S.C.44701 (f)) and Section 333 of the FMRA 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 analysis 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, is 

by definition unmanned and carries neither a pilot nor passenger, carries no explosive 

materials or flammable liquid fuels, and operates exclusively within a limited flight area. 

Unlike other civil aircraft, operations under this exemption will be tightly controlled and 

monitored by the Operator and will also remain within the requirements of, and in 

compliance with, local public safety requirements. These safety enhancements, which 

already apply to civil aircraft provide a greater degree of safety to the public and property 

owners 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 by 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 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." 

TOTAL CONTROL INNOVATIONS, INC. - EXEMPTION REQUEST AND LEVEL OF SAFETY Page 1 of 4 
The FAA has issued the following exemptions to this regulation to Exemptions Nos. 10700, 

8738, 10167 and 10167 A.

14 C.F.R. 91.7(a): Civil aircraft airworthiness.

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

condition. 

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 and the requirements contained herein for the use of safety check lists 

prior to each flight, an equivalent level of safety will be provided.

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 UAS Flight Operations/Procedures (Appendix A) must be available to the

crew at the ground station anytime the aircraft is in, or preparing for, flight. 

The FAA has issued the following exemptions to this regulation: Exemption Nos. 8607, 8737, 

8738, 9299, 9299A, 9565, 95658, 10167, 10167A, 10602, 32827, and 10700.

14 CFR 61.113 Private pilot privileges and limitations: Pilot in Command and 61.133

Commercial pilot privileges and limitations.

The regulation provides that no person that holds a private pilot certificate may act as pilot 

in command of an aircraft for compensation or hire. Subparagraph (b) allows a private pilot

to act as pilot in command of an aircraft in connection with any business or employment if: 

(1) The flight is only incidental to that business or employment; and (2) The aircraft does not 

carry passengers or property for compensation or hire. 

Our proposed operations require that the PIC must either

1. Hold a Private or Sport Pilot Certificate issued by the FAA, and have logged 10

hours of flight experience in this type of UAS, or

2. Meet the requirements of 8900.227 para 16(c)(2)(c) "Operations without a pilot 

certificate" in which the PIC is required to complete "FAA private pilot ground

instruction" and pass "the FAA Private Pilot written examination." Since there are

currently no means available for the pilot of a UAS to gain the experience in an

equivalent category and class in order to apply for a private pilot's license, we

propose to generate an equivalent level of safety by requiring our pilots to 

complete, at a minimum, FAA private pilot ground instruction and pass the FAA

Private Pilot written examination in addition to completing the private pilot

requirements. Since the aircraft cannot carry passengers or property, we feel that 

we meet the intent of 61.113 Subparagraph (b) even though the intent of this 

application is to conduct a business.

TOTAL CONTROL INNOVATIONS, INC. - EXEMPTION REQUEST AND LEVEL OF SAFETY Page 2 of 4 
14 CFR 91.109 Flight Instruction; Simulated instrument flight and certain flight tests 

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

instruction unless that aircraft has fully functioning dual controls."

The UAS ground-based control station consists of a small 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, we feel that this technique meets the intent 

91.109 and provides an equivalent level of safety.

14 CFR 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 aircraft will be

operating at a maximum of 400 feet AGL, we cannot comply with this requirement.

In order to provide an equivalent level of safety The UAS will not be operated over

congested areas or over any open air assembly of persons with prior approval. Any property 

owner affected will be briefed on the expected route of flight and the associated risks to 

persons and property on the ground. 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.

14 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 UAS 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 UAS 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.

The intention of this paragraph is to provide an energy reserve as a safety buffer for delays 

to landing. Each UAS is battery operated and the maximum duration of flight from a single 

battery charge is 18 minutes with a 20% reserve. Since the aircraft will never fly more than

3/4NM 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 Subpart E (91.401 - 91.417) - Maintenance, Preventive Maintenance, Alterations 

TOTAL CONTROL INNOVATIONS, INC. - EXEMPTION REQUEST AND LEVEL OF SAFETY Page 3 of 4 
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." As provided in the Pre-Flight 

Checklist in Appendix A, 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 onboard 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.

8900.227 Paragraph 16(c)(4) PIC Medical. And Paragraph 16(e)(1) Observer Medical. 

This policy provides that both the PIC and VO must have a valid FAA second-class medical 

certificate issued under part 67 in order to perform as a pilot or observer.

The UAS maximum gross weight are each less than 8lbs., are constructed primarily of, 

plastic and carbon fiber. The PIC is not on board. Both the PIC and the VO are required to be 

in VLOS. Given the unlikely event that both the PIC and VO become medically incapacitated

while the aircraft is in flight, the UAS will return autonomously to the site of launching and 

land without crew intervention. Therefore, requiring the PIC and VO to meet the same 

medical requirements as commercial pilot carrying passengers in a large aircraft is an 

unnecessary burden.

We propose that the minimum medical requirements for the PIC and VO be vision corrected 

to

20/20 and a valid, state issued driver's license. The 20/20 vision requirement will ensure

that the PIC and VO n see and avoid air traffic; a licensed driver is medically qualified to 

operate a much larger vehicle. 

TOTAL CONTROL INNOVATIONS, INC. - EXEMPTION REQUEST AND LEVEL OF SAFETY Page 4 of 4 
APPENDIX A – FLIGHT OPERATIONS/PROCEDURES

The UAS will be operated under the following flight restrictions. 

OPERATIONAL FLIGHT RESTRICTIONS

The UAS will be operated in the field with both a PIC and a VO in accordance with and with 

the following Restrictions: 

• All operations must occur in FAA Class G airspace at no more than 400 ft AGL, at an 

airspeed of no more than 25 knots and no further than 3/4 NM from the PIC; 

• All operations must utilize a visual observer (VO). The VO and PIC must be able to 

communicate by voice at all times during a flight operation; 

• The PIC must have accumulated and logged, in a manner consistent with 14 CFR § 

• 61.51 (b), 10 hours of total time as a UAS rotorcraft pilot and at least 5 hours logged 

as a UAS pilot with a similar UAS type; 

• The UAS will not be operated over densely populated areas; without prior approval. 

• The UAS will not be operated over any open-air assembly of people; without prior 

approval. 

• The UAS will not be operated within 5 NM of an airport or heliport; without prior 

approval. 

• Operations will be restricted to day only and weather conditions equivalent to VFR; 

• The PIC will brief the VO and property owner (if available) about the operation and 

risk before operation 

• No flight will be made without a Pre-Flight Inspection by the PIC before each operation 

to ascertain that the UAS is in a condition safe for flight 

PRE-FLIGHT CHECKLIST

Prior to operation preflight checklists provided by the manufacturer of the UAS will be 

followed. Below is such an example. 

1. Remote Controller, smart battery, Range Extender and smartphone are fully charged.

2. Propellers are mounted correctly.

3. Damping absorbers are in good condition, not broken or worn.

4. Camera lens cap has been removed.

5. Micro-SD card has been inserted if necessary.

6. Gimbal is functioning as normal.

7. Motors can start and are functioning as normal.

8. Smart phone App can connect to the camera. 

TOTAL CONTROL INNOVATIONS, INC. – APPENDIX A – FLIGHT OPERATIONS AND PROCEDURES 
TAKE OFF/LANDING PROCEDURES 

Manufacturer recommended Takeoff and Landing procedures will be followed.

Place the UAS on ground with the battery level indicator facing you.

1. Power on the remote controller.

2. Power on the range extender.

3. Switch the camera to the “WIFI ON” position.

4. Power on the aircraft by turning on the intelligent battery

5. Connect the mobile device to the UAS, run the Smart phone App to enter the camera 

preview page.

6. Wait until the LED flight indicator starts to slowly blink green/yellow. This means the 

aircraft is initializing and entering the “Ready to Fly”/“Ready to Fly (non-GPS).” 

state. Then proceed to execute the CSC command to start motors.

7. Push the throttle stick up slowly to lift the aircraft off the ground. 

8. When landing, be sure to be hovering over a level surface. Pull down on the 

throttle stick gently to descend and land.

9. After landing the aircraft on the ground, keep the throttle stick at its lowest 

position for about 3 to 5 seconds which will automatically stop the motors.

FAILSAFE FUNCTION

The UAS will enter Failsafe mode when the connection from the remote controller is lost. The 

flight control system will automatically control the aircraft to return to home and land to 

reduce injuries or damage. The following situations would make the aircraft fail to receive a 

signal from the remote controller and enter Failsafe mode:

1. The remote controller is powered off.

2. The aircraft has flown out of the effective communication range of the remote 

controller.

3. There is an obstacle obstructing the signal between the remote controller and the 

aircraft, essentially reducing the distance the signal can travel.

4. There is interference causing a signal problem with the remote controller.

 

TOTAL CONTROL INNOVATIONS, INC. – APPENDIX A – FLIGHT OPERATIONS AND PROCEDURES 
APPENDIX B 

USER’S MANUALS DJI PHANTOM 2, PHANTOM 3, S 900, AND INSPIRE 1 

Users Manuals for each of these systems can be downloaded here. 

The Total Control Innovations, Inc., keeps a copy with each UAS. 

http://www.dji.com/product/phantom-2/download

http://www.dji.com/product/phantom-3/download

http://www.dji.com/product/spreading-wings-s900/download

http://www.dji.com/product/inspire-1/download

Upon request these will be provided

TOTAL CONTROL INNOVATIONS, INC. – APPENDIX B – User’s Manuals