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14 August 2015

Docket Operations, M-30 U.S. Dept. of Transportation 1200 New Jersey Avenue, SE.

Room w12-140 West Building Ground Floor Washington, DC 20590

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

Dear Sir or Madam:

Innovative Engineering Inc., seeks an exemption fro m Federal Aviation Regulations (FARs) detailed below, pursuant to Section 333 of the FAA Moderniza tion and Reform Act of 2012 (Reform Act) and 14 C.F.R. Part 11, for the following described Unmanne d Aerial Vehicle System (UAVS), which includes an Unmanned Aircraft (UA) and ground based equipment a nd crew:

UNMANNED AIRCRAFT (UA):

• A lightweight (7 pound gross operating weight), bat tery operated, 4-motor rotorcraft in the form of a quadcopter that takes off and lands verti cally, manufactured by DJI, Models Phantom

2 Vision+ and Phantom 3 Professional , that include the following equipment in flight:

o An on-board flight computer and telemetry system th at receives signals for flight controls from a ground-based transmitter/controller . The flight computer monitors data including altitude, horizontal and vertical speed, flight heading, bearing to the launch site, and battery capacity.

o Position/Navigation equipment including a barometri c altimeter, flux gate compass, global positioning system (GPS) receiver, accelerom eter, and gyroscope.

o An on-board camera capable of capturing color still photos and video.

o A 5.728-5.850GHz, 100mw Federal Communications Comm ission (FCC) compliant onboard radio transmitter that transmits live video f rom the on-board camera, plus all the flight data from the telemetry system.

GROUD BASED EQUIPMENT AND CREW:

• A Pilot in Command (PIC) in operational control of a flight operation from beginning to end and
who controls the UA while in the air.

• A 5.728-5.850GHz, 100mw FCC compliant radio transmi tter/controller operated by the PIC to control the UA while in flight.Page 

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• A receiver for live video and flight data from the on-board camera and flight computer. Data and video are displayed on a screen for the PIC to view during flight.

• A Visual Observer (VO) who maintains visual contact with the UA while in flight and
communicates relevant information to the PIC.

The requested exemption would support an applicatio n for a commercial Certificate of Waiver or Authorization (COA) to use the above described UAVS to support aerial photography and video primarily of real property and buildings. The scope of operat ions will typically be to either:

• Capture oblique, wide angle images of buildings or properties for marketing purposes, or

• Take close up, orthogonal, high resolution images o f damaged, deteriorated, or otherwise deficient conditions on buildings for use in evalua tion of the condition and development of repair plans.

The battery powered UA offers many advantages over traditional larger aircraft:

• It is smaller, lighter, and more maneuverable.

• It is not powered by flammable or combustible fuel.

• It operates at lower altitudes.

• It does not require an on-board pilot and cannot ca rry passengers.

These advantages enhance the level of operating saf ety of the UAVS and eliminate or reduce risks typically encountered with traditional aircraft. Wi th a small payload and maximum flight time of only 30 minutes, the planned operations offer little or no risk to national security.

The UAVS will be operated in the field with both a PIC and a VO in accordance with FAA Policy N.8900.227 Section 14 "Operational Requirements for UAS" and with the following Restrictions:

1. No flight will be made with a UA Gross weight excee ding 55 pounds.

2. All operations must occur in FAA Class G airspace a t no more than 400 ft AGL, at an airspeed of no more than 50 knots and no further than 3/4 NM fr om the PIC. Visibility shall be at least one statute mile and all flights will be conducted clea r of clouds.

3. All operations must utilize a VO. The VO and PIC mu st be able to communicate by voice at all times during a flight operation and maintain visual line of sight with the UA.

4. The PIC must hold either an airline transport, comm ercial, private, recreational, or sport pilot certificate and have accumulated and logged, in a m anner consistent with 14 CFR § 61.51 (b), a minimum of 100 flight cycles and 25 hours of total time as a UA rotorcraft pilot and at least ten hours logged as a UA pilot with a similar UA type.

5. All required permits will be obtained from state an d local governments prior to operation.

6. The UAVS will not be operated over heavily traffick ed roads, densely populated areas, air shows, any open air assembly of people, or within 5 NM of an airport or heliport.

7. Operations will be restricted to daylight hours onl y and weather conditions equivalent to VFR.

8. The PIC will brief the VO about the operation and r isk before the initial flight at each new
location.

9. No flight may be made without a Pre-Flight Inspecti on by the PIC before each operation to
ascertain that the UA is in a condition safe for fl ight (see Appendix A).Page 

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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 p erform maintenance on the system and will complete a course of maintenance instruction as part of their initial training.

We submit that the combination of the UA's light we ight, flight performance and ability, fully qualifi ed flight crew and strict operation under the guidelin es established in 8900.227, and under all of the restrictions (a) through (n) listed above, the FAA can have full confidence that the operation will ha ve an equivalent or greater level of safety than manned a ircraft performing the same mission.

The name and contact information of the applicant:

Joseph Trey Thomas Innovative Engineering, Inc.
3380 Trickum Road Bldg 500 Suite 100 Woodstock, GA 30188 (770) 517-5507 tthomas@ieiusa.com.com

The regulations from which the exemption is request ed are listed below. Beside each regulation number is the page of the attached Addendum upon which eac h may be found together with our proposed equivalent level of safety for each regulation:

1. 14 CFR Part 21 Addendum Page 1

2. 14 CFR 45.23, 45.29 Addendum Page 1

3. 14 CFR 61.113, 61.133 Addendum Page 2

4. 14 CFR 91.9 Addendum Page 2

5. 14 CFR 91.109 Addendum Page 2

6. 14 CFR 91.119 Addendum Page 2

7. 14 CFR 91.121 Addendum Page 3

8. 14 CFR 91.151 Addendum Page 3

9. 14 CFR 91.203 Addendum Page 3

10. 14 CFR Subpart E (91.401 - 91.417) Addendum Pag e 4

11. FAA Policy 8900.227 Paragraph 16(c)(4) and Paragrap h 16(e)(1) Addendum Page 4

We are prepared to modify or amend any part of this request to satisfy the need for an equivalent leve l of safety. Please contact us at any time if you req uire additional information or clarification. We lo ok forward to working with your office.

Sincerely,

Joseph Trey Thomas Innovative Engineering, Inc.

Addendum Containing Exemption Requests and Equivale nt Level of Safety Appendix A, Flight Manual Appendix B, Owner’s Manual for UAExemption Request under Section 333 of the
FAA Reform Act and Part 11 of the FAR

14 AUG 15

Addendum Page 

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# ADDENDUM
EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF

SAFETY

Innovative Engineering, Inc. requests an exemption from the following regulations as well as any additional regulations that may technically apply t o the operation of the UAVS:

**14 CFR Part 21, Subpart H: Airworthiness Certificat es**  This part establishes the procedures for the issuan ce of an airworthiness certificate. We request an experimental certificate be issued for the UAVS und er either or both of the following provisions: 21.191 Experimental certificates.

Experimental certificates are issued for the follow ing purposes: (a) Research and development. Testing new aircraft design concepts, new aircraft equipment, new aircraft installations, new aircraft operating tech niques, or new uses for aircraft. (b) Showing compliance with regulations. Conducting flight tests and other operations to show compliance with the airworthiness regulations inclu ding flights to show compliance for issuance of typ e and supplemental type certificates, flights to subs tantiate major design changes, and flights to show compliance with the function and reliability requir ements of the regulations.

Since the experimental certificate can be used for commercial purposes such as market surveys, sales demonstrations, and customer crew training, we woul d expect that an experimental certificate would permit our commercial purpose as well.

The aircraft will not carry persons or property, wi ll not carry fuel, and will only fly under strict operational requirements. Combined with the UA’s li ght weight, being constructed primarily of carbon fiber and plastic, we propose that the UA will be a t least as safe, if not safer, than a conventionall y certificated aircraft performing the same mission.

If an experimental airworthiness certificate is not appropriate for this application, then we request an exemption of 14 CFR Part 21, Subpart H, and the req uirement for an airworthiness certificate in genera l, citing the equivalent level of safety outlined in t he previous paragraph.

**14 CFR 45.23 Display of marks; general and 45.29 Si ze of marks.**  These regulations provide that each aircraft must d isplay "N" and the aircraft's registration number i n letters at least 3 inches high. Additionally, the a ircraft must display the word “EXPERIMENTAL" in let ters at least 2 inches high near the entrance to the cab in, cockpit, or pilot station. The UA does not have an entrance in which the word "EXPERIMENTAL" can be pl aced, and may not have a registration number assigned to it by the FAA.

We propose to achieve an equivalent level of safety by including the word "EXPERIMENTAL" in the placard on the top of the aircraft, as outlined on Page 3, where the PIC, VO and others in the vicinit y of the aircraft while it is preparing for launch will be able to see the designation. Additionally, we fe el that the permanent placard discussed in the following pa ragraphs will provide the aircraft's registration information at the ground station.Exemption Request under Section 333 of the
FAA Reform Act and Part 11 of the FAR

14 AUG 15

Addendum Page 

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### 4 **14 CFR 61.113 Private pilot privileges and limitati ons: Pilot in Command and**  **14 CFR 61.133 Commercial pilot privileges and limit ations.**  These regulations provide that no person that holds a private pilot certificate may act as pilot in command of an aircraft for compensation or hire. Su bparagraph (b) allows a private pilot to act as pil ot in command of an aircraft in connection with any bu siness 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 e ither

1. Hold a commercial, private, recreational, or spo rt pilot certificate issued by the FAA, and have logged 25 hours of flight experience in this type o f UA, or

2. Meet the requirements of 8900.227 16(c)(2)(c) "O perations without a pilot certificate." We propose to generate an equivalent level of safety b y requiring our pilots to complete, at a minimum, FAA private pilot ground instruction and p ass the FAA private pilot written examination, along with the other requirements of 8 900.227 16(c)(2)(c). Since the aircraft cannot carry passengers or property, we feel we mee t the intent of 61.113 Subparagraph (b) even though the intent of this application is to co nduct a business.

**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 manu al is in the aircraft. We request an exemption to this requirement on the grounds that the aircraft is to o small to carry documentation and that the documenta tion would not be available to the crew during flight operations.

We believe the intent of this requirement is to ens ure that flight manual information is available to the PIC and crew while operating the aircraft. To obtai n an equivalent level of safety and meet the intent of 91.9, operating procedures will require that a curr ent, approved UA Flight Manual (Appendix A) and UA Owner’s Manual (Appendix B) must be available to th e crew at the ground station anytime the aircraft i s in, or preparing for flight.

**14 CFR 91.109 Flight Instruction; Simulated instrum ent flight and certain flight tests**  The regulation states that "No person may operate a civil aircraft that is being used for flight instr uction unless that aircraft has fully functioning dual con trols."

The UAVS ground-based control station consists of a small hand-held radio transmitter and, while it do es not offer a second set of "controls", both the stud ent and instructor can, and will, operate the singl e set of controls simultaneously. With both student and i nstructor having "hands-on" the controls during flight, we feel that this technique meets the inten t 91.109 and provides an equivalent level of safety

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**14 CFR 91.119 Minimum safe altitudes: General.** The regulation states that over sparsely populated areas the aircraft cannot be operated closer than 5 00 feet to any person, vessel, vehicle, or structure. Since the aircraft will be operating at a maximum o f 400 feet AGL, the UA cannot comply with this requiremen t.Exemption Request under Section 333 of the
FAA Reform Act and Part 11 of the FAR

14 AUG 15

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### 4 In order to provide an equivalent level of safety t he aircraft will be operated at a low altitude allo wing, if a power unit fails, an emergency landing without un due hazard to persons or property on the surface. The aircraft will not be operated over congested ar eas or over any open air assembly of persons. Befor e flight, a safety briefing will outline the expected route of flight and the associated risks to person s and property on the ground. We maintain that, due to th e small size of the UA, the hazard to persons, vehicles and structures is minimal compared to mann ed aircraft, which should be considered in granting the exemption.

**14 CFR 91.121 Altimeter settings.** The regulation requires that aircraft shall maintai n cruising altitudes by reference to an altimeter s etting
available within 100 NM of the aircraft.

The UA will always fly below 400 feet AGL and will not need to maintain cruising altitudes in order to prevent conflict with other aircraft. An AGL altime ter measurement above the takeoff point is transmitted via radio from the UA 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 c onditions.**  The regulation provides that no person may begin a flight in an airplane under day-VFR conditions unle ss there is enough fuel to fly to the first point of i ntended landing and to fly after that for at least 30
minutes.

The UA does not carry liquid fuel and is battery op erated, with a maximum duration of flight from a single battery charge of 20 minutes with a 10 minut e reserve. Since the aircraft will never fly more t han 3⁄4 NM from the point of intended landing, a full bat tery charge at launch will ensure that we meet the reserve energy requirement of this paragraph.

**14 CFR 91.203(a) & (b) Civil aircraft: Certificatio ns required.**  The regulation provides that an airworthiness certi ficate, with the registration number assigned to th e aircraft and a registration certificate must be abo ard the aircraft. Additionally, subparagraph (b) provides that the airworthiness certificate be "dis played at the cabin or cockpit entrance so that it is legible to passengers or crew."

At a maximum gross weight of 7 pounds, the UA is to o small to carry documentation, does not have an entrance, and is not capable of carrying passengers or crew. To obtain an equivalent level of safety a nd meet the intent of 91.203, we propose that document s deemed appropriate for this aircraft by the FAA will be located with the crew at the ground control station, available for inspection upon request. In order to identify the aircraft, we propose that the information found on airworthiness and registratio n certificates be permanently affixed to the aircraft via placard containing the following information p lus the word “EXPERIMENTAL” to satisfy the requirement of 14 CFR 45.23, as stated on Page 1:

EXPERIMENTAL IF FOUND PLEASE CONTACT: Manufacturer: DJI Innovations, Inc. Innovative Engi neering, Inc. 950 E Baseline Ave. Ste. 210 3380 Trickum Rd, B500 S100 Apache Junction, AZ 85119 Woodstock, GA 30188 Model: T600 (770) 517-5507Exemption Request under Section 333 of the
FAA Reform Act and Part 11 of the FAR

14 AUG 15

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### 4 **14 CFR Subpart E (91.401 - 91.417) - Maintenance, P reventive Maintenance, Alterations**  The regulation provides that the operator is primar ily 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 servic e by a person authorized under 43.7" after maintenance and inspection.

It is our intention that the PIC perform maintenanc e and inspection of the aircraft and "be authorized to approve the aircraft for return to service." As pro vided in the Pre-Flight Checklist in Appendix A, th e PIC will ensure that the aircraft is in an airworthy co ndition prior to every flight and in addition, cond uct detailed inspections after every two hours of fligh t. Maintenance performed by the PIC is limited to repairing small cracks, replacing damaged propeller s, checking electrical connections and updating software and firmware for the on-board computer. Al l other maintenance will be performed by the manufacturer or their designated repair facility. T he PIC will document work performed in accordance with 91.417. We feel that due to the size, construc tion, and simplicity of the aircraft, the PIC can e nsure an equivalent level of safety.

**8900.227 Paragraph 16(c)(4) PIC Medical. and Paragr aph 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 UA maximum gross weight is 7 pounds, it is cons tructed of carbon fiber and plastic and the PIC is not on board. Both the PIC and the VO are required to be within VLOS. Given the unlikely event that both the PIC and VO become medically incapacitated while the aircraft is in flight, the UA will return autonomously to the site of launching and land with out crew intervention.

Therefore, requiring the PIC and VO to meet the sam e medical requirements as a commercial pilot carrying passengers in a traditional aircraft is an unnecessary burden. We propose that the minimum medical requirements for the PIC to meet the FAA me dical requirements applicable to the Pilot Certificate held by the PIC and to require the VO b e vision corrected to 20/20 and a valid, state issu ed driver's license. The 20/20 vision requirement will ensure that the VO can see and avoid air traffic a nd a licensed driver is medically qualified to operate a much larger vehicle.