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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 from Federal Aviation Regulations (FARs) detailed 

below, pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (Reform Act) and 14 

C.F.R. Part 11, for the following described Unmanned Aerial Vehicle System (UAVS), which includes an 

Unmanned Aircraft (UA) and ground based equipment and crew: 

 

UNMANNED AIRCRAFT (UA): 

• A lightweight (7 pound gross operating weight), battery operated, 4-motor rotorcraft in the 

form of a quadcopter that takes off and lands vertically, 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 that 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 barometric altimeter, flux gate compass, 

global positioning system (GPS) receiver, accelerometer, and gyroscope. 

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

o A 5.728-5.850GHz, 100mw Federal Communications Commission (FCC) compliant onboard radio transmitter that transmits live video from 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 transmitter/controller operated by the PIC to 

control the UA while in flight. 
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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 application 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 operations 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 of damaged, deteriorated, or otherwise 

deficient conditions on buildings for use in evaluation 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 carry passengers. 

These advantages enhance the level of operating safety of the UAVS and eliminate or reduce risks 

typically encountered with traditional aircraft. With 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 exceeding 55 pounds. 

2. All operations must occur in FAA Class G airspace at no more than 400 ft AGL, at an airspeed of 

no more than 50 knots and no further than 3/4 NM from the PIC. Visibility shall be at least one 

statute mile and all flights will be conducted clear of clouds. 

3. All operations must utilize a VO. The VO and PIC must 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, commercial, private, recreational, or sport pilot 

certificate and have accumulated and logged, in a manner 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 and local governments prior to operation. 

6. The UAVS will not be operated over heavily trafficked 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 only and weather conditions equivalent to VFR. 

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

location. 

9. No flight may be made without a Pre-Flight Inspection by the PIC before each operation to 

ascertain that the UA is in a condition safe for flight (see Appendix A). 
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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 perform 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 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 (a) through (n) 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. 

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 requested are listed below. Beside each regulation number 

is the page of the attached Addendum upon which each 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 Page 4 

11. FAA Policy 8900.227 Paragraph 16(c)(4) and Paragraph 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 level 

of safety. Please contact us at any time if you require additional information or clarification. We look 

forward to working with your office. 

Sincerely, 

Joseph Trey Thomas 

Innovative Engineering, Inc. 

Addendum Containing Exemption Requests and Equivalent Level of Safety 

Appendix A, Flight Manual 

Appendix B, Owner’s Manual for UA 
Exemption Request under Section 333 of the 

FAA Reform Act and Part 11 of the FAR 

14 AUG 15

Addendum Page 1 of 4

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 to the operation of the UAVS: 

14 CFR Part 21, Subpart H: Airworthiness Certificates

This part establishes the procedures for the issuance of an airworthiness certificate. We request an 

experimental certificate be issued for the UAVS under either or both of the following provisions: 

21.191 Experimental certificates. 

Experimental certificates are issued for the following purposes: 

(a) Research and development. Testing new aircraft design concepts, new aircraft equipment, new 

aircraft installations, new aircraft operating techniques, or new uses for aircraft. 

(b) Showing compliance with regulations. Conducting flight tests and other operations to show 

compliance with the airworthiness regulations including flights to show compliance for issuance of type 

and supplemental type certificates, flights to substantiate major design changes, and flights to show 

compliance with the function and reliability requirements of the regulations. 

Since the experimental certificate can be used for commercial purposes such as market surveys, sales 

demonstrations, and customer crew training, we would expect that an experimental certificate would 

permit our commercial purpose as well. 

The aircraft will not carry persons or property, will not carry fuel, and will only fly under strict 

operational requirements. Combined with the UA’s light weight, being constructed primarily of carbon 

fiber and plastic, we propose that the UA will be at least as safe, if not safer, than a conventionally 

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 requirement for an airworthiness certificate in general, 

citing the equivalent level of safety outlined in the previous paragraph. 

14 CFR 45.23 Display of marks; general and 45.29 Size of marks.

These regulations provide that each aircraft must display "N" and the aircraft's registration number in 

letters at least 3 inches high. Additionally, the aircraft must display the word “EXPERIMENTAL" in letters 

at least 2 inches high near the entrance to the cabin, cockpit, or pilot station. The UA does not have an 

entrance in which the word "EXPERIMENTAL" can be placed, 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 vicinity of 

the aircraft while it is preparing for launch will be able to see the designation. Additionally, we feel that 

the permanent placard discussed in the following paragraphs 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 2 of 4

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

14 CFR 61.133 Commercial pilot privileges and limitations.

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. 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 commercial, private, recreational, or sport pilot certificate issued by the FAA, and have 

logged 25 hours of flight experience in this type of UA, or 

2. Meet the requirements of 8900.227 16(c)(2)(c) "Operations without a pilot certificate." 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, along with the other requirements of 8900.227 16(c)(2)(c). Since the aircraft 

cannot carry passengers or property, we feel we meet the intent of 61.113 Subparagraph (b) 

even though the intent of this application is to conduct 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 manual 

is in the aircraft. We request an exemption to this requirement on the grounds that the aircraft is too 

small to carry documentation and that the documentation would not be available to the crew during 

flight operations. 

We believe the intent of this requirement is to ensure that flight manual information is available to the 

PIC and crew while operating the aircraft. To obtain an equivalent level of safety and meet the intent of 

91.9, operating procedures will require that a current, approved UA Flight Manual (Appendix A) and UA 

Owner’s Manual (Appendix B) must be available to the crew at the ground station anytime the aircraft is 

in, or preparing for flight. 

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 UAVS 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, the UA cannot comply with this requirement. 
Exemption Request under Section 333 of the 

FAA Reform Act and Part 11 of the FAR 

14 AUG 15

Addendum Page 3 of 4

In order to provide an equivalent level of safety 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. 

The aircraft will not be operated over congested areas or over any open air assembly of persons. Before 

flight, a safety briefing will outline the expected route of flight and the associated risks to persons and 

property on the ground. We maintain that, due to the small size of the UA, 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 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 altimeter 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 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 UA does not carry liquid fuel and is battery operated, with a maximum duration of flight from a 

single battery charge of 20 minutes with a 10 minute reserve. Since the aircraft will never fly more than 

3⁄4 NM from the point of intended landing, a full battery charge at launch will ensure that we meet the 

reserve energy requirement of this paragraph. 

14 CFR 91.203(a) & (b) Civil aircraft: Certifications required.

The regulation provides that an airworthiness certificate, with the registration number assigned to the 

aircraft and a registration certificate must be aboard the aircraft. Additionally, subparagraph (b) 

provides that the airworthiness certificate be "displayed 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 too 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 and 

meet the intent of 91.203, we propose that documents 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 registration 

certificates be permanently affixed to the aircraft via placard containing the following information plus 

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 Engineering, Inc. 

950 E Baseline Ave. Ste. 210 3380 Trickum Rd, B500 S100 

Apache Junction, AZ 85119 Woodstock, GA 30188 

Model: T600 (770) 517-5507 
Exemption Request under Section 333 of the 

FAA Reform Act and Part 11 of the FAR 

14 AUG 15

Addendum Page 4 of 4

14 CFR Subpart E (91.401 - 91.417) - Maintenance, Preventive Maintenance, Alterations 

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 damaged propellers, checking electrical connections and updating 

software and firmware for the on-board 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 UA maximum gross weight is 7 pounds, it is constructed 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 without crew intervention. 

Therefore, requiring the PIC and VO to meet the same 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 medical requirements applicable to the Pilot 

Certificate held by the PIC and to require the VO be vision corrected to 20/20 and a valid, state issued 

driver's license. The 20/20 vision requirement will ensure that the VO can see and avoid air traffic and a 

licensed driver is medically qualified to operate a much larger vehicle.