INNOVATIVE TOWER SOLUTIONS LLC

EXEMPTION REQUEST

Section 333 of the FAA Modernization & Reform Act and 14 CFR §11

Page 1 of 12

INNOVATIVE TOWER SOLUTIONS LLC

PO BOX 213

ELBERFELD IN 47613

304-906-5628

July 23, 2015

U. S. Department of Transportation

Docket Management System

1200 New Jersey Ave SE

Washington, D.C. 20590

RE: EXEMPTION REQUEST

Section 333 of the FAA Modernization & Reform Act

14 CFR §11

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA) and 

14 CFR Part 11, Innovative Tower Solutions LLC, hereafter referred to as ITS LLC, operator of 

small, Unmanned Aerial Vehicles (UAVs) equipped to conduct aerial videography, 

cinematography, photography and inspections, hereby applies for an exemption from the listed 

Federal Aviation Regulations (FARs) to allow commercial operation of its UAVs, so long as 

such operations are conducted within and under the conditions outlined herein or as may be 

established by the FAA as required by Section 333.

The requested exemption would permit the commercial operation of small, unmanned and 

relatively inexpensive UAVs under controlled conditions in airspace that is 1) limited, 

2) predetermined, 3) controlled as to access and 4) would provide safety enhancements to the 

already safe operations using conventional aircraft. Approval of this exemption would thereby 

enhance safety and fulfill the Secretary of Transportation’s (the FAA Administrator’s) 

responsibilities to “...establish requirements for the safe operation of such aircraft systems in the 

national airspace system.”

NAME AND ADDRESS OF THE APPLICANT

Innovative Tower Solutions LLC

ATTN: Joseph G. Dumas

PO Box 213

Elberfeld, IN 47613

Joseph G. Dumas

304-906-5628

inntowsol@outlook.com
INNOVATIVE TOWER SOLUTIONS LLC

EXEMPTION REQUEST

Section 333 of the FAA Modernization & Reform Act and 14 CFR §11

Page 2 of 12

INNOVATIVE TOWER SOLUTIONS LLC

PO BOX 213

ELBERFELD IN 47613

304-906-5628

This exemption application is expressly submitted to fulfill Congress’ goal in passing Section 

333 (a) through (c) of the Reform Act. This law directs the Secretary of Transportation to 

consider whether certain unmanned aircraft systems may operate safely in the national airspace 

system (NAS) before completion of the rulemaking required under Section 333 of the Reform 

Act. In making this determination, the Secretary is required to determine which types of UAV do 

not create a hazard to users of the NAS or the public or pose a threat to national security in light 

of the following:

• The UAV size, weight, speed, and operational capability

• Operation of the UAV in close proximity to Airports, Power Plants, Fuel Depots and 

populated areas

• Operation of the UAV within visual line of sight of the operator

Reform Act §333 (a). Lastly, if the Secretary determines that such vehicles “may operate safely 

in the national airspace system, the Secretary shall establish requirements for the safe operation 

of such aircraft in the national airspace system.” Id. §333(c) (emphasis added)1

.

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This 

statutory authority by its terms includes exempting civil aircraft, as the term is defined under 

§40101 of the Act, which includes UAV, from the requirement that all civil aircraft must have a 

current airworthiness certificate.

The Administrator may grant an exemption from a requirement of a regulation prescribed under 

subsection (a) or (b) of this section or any sections 44702-44716 of this title if the Administrator 

finds the exemption in the public interest. 49 USC. §44701(f) See also 49 USC §44711(a); 49 

USC §44704; 14 CFR §91.203 (a) (1).

ITS LLC operates multi rotor UAVs, weighing less than 30 pounds including payload. They 

operate under normal conditions at a maximum speed less than 50 mph, have the ability to hover, 

and move in the vertical and horizontal plane simultaneously. The applicable specifications for 

the UAV models utilized by ITS LLC are as follows in Table 1. All UAVs are only operated in 

line of sight and within the area specified by the consumer and/or approved by the property 

owner, when applicable. Such operations will insure that the UAVs will “not create a hazard to 

users of the national airspace system or to the public.

 1 Applicant interprets this provision to place the duty on the Administrator to not only process applications for 

exemptions under §333, but for the Administrator to craft conditions for the safe operation of the UAS, if it should 

be determined that the conditions set forth herein do not fulfill the statutory requirements for approval.
INNOVATIVE TOWER SOLUTIONS LLC

EXEMPTION REQUEST

Section 333 of the FAA Modernization & Reform Act and 14 CFR §11

Page 3 of 12

INNOVATIVE TOWER SOLUTIONS LLC

PO BOX 213

ELBERFELD IN 47613

304-906-5628

Table 1: ITS LLC UAV Specifications2

INSPIRE 1 IRIS+ PHANTOM 2 X8

MANUFACTURER DJI 3DRobotics DJI 3DRobotics

PROPELLERS 4 4 4 8

DIMENSIONS 17.3” x 17.8” x 11.9” 4.3” x 21.7” 13.7” x 8”3 13.7” x 20.1” x 1.4”

WEIGHT WITH BATTERY 6.5 lbs. 2.8 lbs. 2.2 lbs. 5.6 lbs.

PAYLOAD CAPACITY N/A 0.8 lbs. 0.7 lbs. 1.7 lbs.

ONBOARD CAMERA X3 N/A N/A N/A

RADIO RANGE 1.2 miles 0.6 miles 0.62 miles 0.2 miles; geofence enabled

0.62 miles; geofence disabled

FLIGHT TIME ≤ 18 minutes 16 - 22 minutes 25 minutes4 ≤ 15 minutes

MAXIMUM SPEED 49.2 mph NOT AVAILABLE5 33.6 mph NOT AVAILABLE6

MAXIMUM ALTITUDE 2.8 miles NOT AVAILABLE7 0.07 miles8 0.06 miles; geofence enabled

POWER SOURCE Battery Battery Battery Battery

 2 All weights and measures have been converted to Imperial for reviewer convenience 3 http://www.dji.com/product/phantom-2/spec 4 http://www.dji.com/product/phantom-2/spec 5 Request for this information has been submitted to the manufacturer. ITS LLC will monitor and ensure UAV speed is maintained at or below 50 mph. 6 Request for this information has been submitted to the manufacturer. ITS LLC will monitor and ensure UAV speed is maintained at or below 50 mph. 7 Request for this information has been submitted to the manufacturer. ITS LLC will monitor and ensure UAV altitude is maintained at or below 400 feet. 8 Phantom 2 Dashboard
INNOVATIVE TOWER SOLUTIONS LLC

EXEMPTION REQUEST

Section 333 of the FAA Modernization & Reform Act and 14 CFR §11

Page 4 of 12

INNOVATIVE TOWER SOLUTIONS LLC

PO BOX 213

ELBERFELD IN 47613

304-906-5628

Given the small size of the UAVs involved and the restrictive environment within which they 

will operate, the applicant falls squarely within that zone of safety (an equivalent level of safety) 

in which Congress envisioned that the FAA must, by exemption, allow commercial operations of 

UAVs to commence immediately. Also due to the size of the UAVs and the restricted areas in 

which the relevant UAVs will operate, approval of the application presents no national security 

issue. Given the clear direction in §333 of the Reform Act, the authority contained in the Federal 

Aviation Act, as amended; the strong equivalent level of safety surrounding the proposed 

operations, and the significant public benefit, including enhanced safety, reduction in 

environmental impacts, including reduced emissions associated with allowing UAVs for aerial 

videography, cinematography, photography and inspections, the grant of the requested 

exemptions is in the public interest. Accordingly, the applicant respectfully requests that the 

FAA grant the requested exemption without delay.

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

The applicant proposes that the exemption requested herein apply to civil aircraft that have the 

characteristics and that operate with the limitations listed herein. These limitations provide for at 

least an equivalent or higher level of safety to operations under the current regulatory structure 

because the proposed operations represent a safety enhancement to aerial videography, 

cinematography, photography and inspections conducted with conventional aircraft.

These limitations and conditions to which Innovative Tower Solutions LLC agrees to be bound 

when conducting commercial operations under an FAA issued exemption include:

1. The UAVs will weigh less than 30 pounds.

2. Flights will be operated within line of sight of the UAV pilot and/or visual observer.

3. Maximum total flight time for each operational flight will be between 10 and 20 minutes 

dependent on which UAV is in operation (See Table 1, Flight Time). Flights will be 

terminated at 25% battery power reserve should that occur prior to the manufacturers 

estimated UAV flight time.

4. Flights will be operated at an altitude of no more than 400 feet AGL or not more than 

200 feet above an elevated platform from which filming is planned.

5. Minimum crew for each operation will consist of the UAV pilot and visual observer.

6. The UAV pilot will be Pilot in Command (PIC) or operate under the guidance and 

oversight of a pilot certificate holder.

7. The PIC will hold an airline transport, commercial, private, recreational, or sport pilot 

certificate and a current FAA airman medical certificate or a valid U.S. driver’s license.

8. The UAV will only operate within a confined area of operation as defined by the 

consumer and/or approved by the property owner, when applicable.
INNOVATIVE TOWER SOLUTIONS LLC

EXEMPTION REQUEST

Section 333 of the FAA Modernization & Reform Act and 14 CFR §11

Page 5 of 12

INNOVATIVE TOWER SOLUTIONS LLC

PO BOX 213

ELBERFELD IN 47613

304-906-5628

9. A briefing will be conducted in regard to the planned UAV operations prior to each 

production activity. It will be mandatory that all personnel who will be performing 

duties within the boundaries of the area of operation be present for this briefing.

10. The operator will file a FAA form 7711-1, or its equivalent, as modified in light of the 

requested exemption, with the appropriate Flight Standards District Office (FSDO).

11. The operator will obtain the consent of all persons involved in the filming and ensure 

that only consenting persons will be allowed within 100 feet of the flight operation. This 

radius may be reduced based upon an equivalent level of safety and, with advanced 

permission of the relevant FSDO, operations at closer range can be approved.

12. The operator will submit a written Plan of Activities to the FSDO three days before the 

proposed shoot.

13. All ITS LLC crew will be trained in operation of the UAVs (Table 1) generally and will 

receive up-to-date information on the particular UAV to be operated.

14. Visual observer and UAV pilot will at all times be in voice communication range.

15. Written and/or oral permission for the relevant property holders will be obtained.

16. All required permissions and permits will be obtained from territorial, state, county or 

city jurisdictions, including local law enforcement, fire or other appropriate 

governmental agencies.

17. If the UAV in operation loses communication or its GPS signal, the UAV will have 

capability to return to a pre-determined location within the security perimeter and land.

18. The UAV in operation will have the capability to abort flight in case of unpredicted 

obstacles or emergencies.

14 CFR §21 (H): AIRWORTHINESS CERTIFICATES 14 CFR §91.203 (a) (1)

ITS LLC seeks an exemption from 14 CFR §21 (H) which requires the issuance of airworthiness 

certificates as required by FAR §91.203 (a) (1). Given the size and limited operating area 

associated with the aircraft to be utilized by ITS LLC, an exemption 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 USC §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, 

power plants, fuel depots and populated areas of the particular UAV. In all cases, an analysis of 

these criteria demonstrates that the UAV 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.
INNOVATIVE TOWER SOLUTIONS LLC

EXEMPTION REQUEST

Section 333 of the FAA Modernization & Reform Act and 14 CFR §11

Page 6 of 12

INNOVATIVE TOWER SOLUTIONS LLC

PO BOX 213

ELBERFELD IN 47613

304-906-5628

The UAVs to be operated hereunder are each less than 30 lbs. fully loaded, carry neither a pilot 

nor passenger, carry no explosive materials or flammable liquid fuels and operate exclusively 

within a secured area as defined by the consumer and/or approved by the property owner, when 

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

and monitored by both the UAV operator and under the requirements and in compliance with 

local public safety requirements, to provide security for the area of operation as is now done with 

conventional filming. The FAA will have advance notice of all operations. These safety 

enhancements, which already apply to civil aircraft operated in connection with video 

production, provide a greater degree of safety to the public and property owners than 

conventional operations conducted with airworthiness certificates issued under 

14 CFR Part 21, Subpart H. Lastly, application of these same criteria demonstrates that there is 

no credible threat to national security posed by the UAVs, due to their sizes, speed of operation, 

location of operation, lack of explosive materials or flammable liquid fuels, and inability to carry 

a substantial external load (Table 1). Accordingly, an exemption will be required for the 

airworthiness certificates requirements of 14 CFR §21 (H).

14 CFR §45.23 (b): MARKING OF THE AIRCRAFT

ITS LLC seeks an exemption from 14 CFR §45.23 which requires when marks include only the 

Roman capital letter “N” and the registration number is displayed on limited, restricted or lightsport 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 each UAV will have no airworthiness certificate, an exemption may be needed as 

the UAV will have no entrance to the cabin, cockpit or pilot station on which the word 

“Experimental” can be placed. Given the size of the UAV, two-inch lettering will be impossible. 

The word “Experimental” will be placed on the fuselage of each UAV in compliance with 

§45.29 (f).

The equivalent level of safety will be provided by having each UAV marked on its fuselage as 

required by §45.29 (f) where the UAV pilot, visual observer and others working with the UAV 

will see the identification of the UAV as “Experimental.” The FAA has previously approved 

exemptions for Marking of the Aircraft in this manner.9 Accordingly, an exemption will be 

required for the marking of the aircraft requirements of 14 CFR §45.23

 9 Exemptions Nos. 10700, 8738, 10167, 10167A and 11284
INNOVATIVE TOWER SOLUTIONS LLC

EXEMPTION REQUEST

Section 333 of the FAA Modernization & Reform Act and 14 CFR §11

Page 7 of 12

INNOVATIVE TOWER SOLUTIONS LLC

PO BOX 213

ELBERFELD IN 47613

304-906-5628

14 CFR §61.113 (a) and (b): PRIVATE PILOT PRIVILEGES AND LIMITATIONS: 

PILOT IN COMMAND

ITS LLC seeks an exemption from 14 CFR §61.113 (a) and (b) which limits private pilots to 

non-commercial operations. Because the UAVs will not carry a pilot or passengers, the proposed 

operations can achieve the equivalent level of safety of current operations by requiring the UAV 

operator to be, or operate under the supervision of, a private pilot’s license holder rather than a 

commercial pilot’s license holder. Unlike a conventional aircraft that carries the pilot and 

passengers, the UAVs are remotely controlled with no living entity on board. The area of 

operation is controlled and restricted, and all flights are planned and coordinated in advance. The 

level of safety provided exceeds that provided by a single individual holding a commercial 

pilot’s certificate operating a conventional aircraft. The risks associated with the operation of the 

UAVs are so diminished from the level of risk associated with commercial operations 

contemplated by Part 61 when drafted, that allowing operations of the UAVs as requested with a 

private pilot as UAV operator, or in a supervisory role aiding the UAV operator, exceeds the 

present level of safety achieved by 14 CFR §61.133 (a) and (b). Accordingly, an exemption will 

be required for the private pilot privileges and limitations: pilot in command requirements of 

14 CFR §61.113 (a) and (b).

14 CFR §91.7 (a): CIVIL AIRCRAFT AIRWORTHINESS

ITS LLC seeks an exemption from 14 CFR §91.7 (a) which 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, UAV maintenance and pre-flight 

safety check, an equivalent level of safety will be provided. Accordingly, an exemption will be 

required for the civil aircraft airworthiness requirements of 14 CFR §91.7 (a).

14 CFR §91.9 (b) (2): CIVIL AIRCRAFT FLIGHT MANUAL IN THE AIRCRAFT

ITS LLC seeks an exemption from 14 CFR §919 (b) (2) which requires no person may operate a 

U.S.-registered civil aircraft ... (2) For which an Airplane or Rotorcraft Flight Manual is not 

required by §21.5 of this chapter, unless there is available in the aircraft a current approved 

Airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any 

combination thereof.

The UAVs, given their size and configuration, have no ability or place to carry such a flight 

manual on the aircraft, not only because there is no pilot on board, but because there is no room 

or capacity to carry such an item on the aircraft.
INNOVATIVE TOWER SOLUTIONS LLC

EXEMPTION REQUEST

Section 333 of the FAA Modernization & Reform Act and 14 CFR §11

Page 8 of 12

INNOVATIVE TOWER SOLUTIONS LLC

PO BOX 213

ELBERFELD IN 47613

304-906-5628

The equivalent level of safety will be maintained by keeping the flight manual for the UAV in 

operation at the ground control point where the UAV operator will have immediate access to it. 

The FAA has approved a multitude of exemptions for Civil Aircraft Flight Manual In The 

Aircraft.10 Accordingly, an exemption will be required for the civil aircraft flight manual in the 

aircraft requirements of 14 CFR §91.9 (b) (2).

14 CFR §91.103: PREFLIGHT ACTION

ITS LLC seeks an exemption from 14 CFR §91.103, which requires a PIC to become familiar 

with specific information before each flight, including information contained in the FAAapproved Flight Manual on board the aircraft. While the PIC will be familiar with all information 

necessary to safely conduct the flight, an exemption is requested to the extent that an FAAapproved Flight Manual is required.

An equivalent level of safety will be provided by following the in use UAV User Guide and/or 

Operation Manual. The PIC will identify any defects or inoperable components including PreFlight, Launch, Landing, and Post-Flight checks. The PIC will also review weather, flight 

requirements, battery charge, landing and takeoff distance, UAV performance data, and 

contingency landing areas before initiation of flight. The in operation UAV Users Guide will be 

kept at the Ground Control Station and will be accessible to the PIC at all times while operating 

the in use UAV. Accordingly, an exemption will be required for the preflight action requirements 

of 14 CFR §91.103.

14 CFR §91.109: FLIGHT INSTRUCTION

ITS LLC seeks an exemption from 14 CFR §91.109 (a), which provides in pertinent part that 

"[n]o 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." UAVs and remotely 

piloted aircraft, by their design, do not have functional dual controls. Flight control is 

accomplished through the use of a device that communicates with the aircraft via radio 

communications.

The equivalent level of safety is provided by the fact that neither a pilot nor passengers will be 

carried in the aircraft and by the size and speed of the aircraft. The FAA has approved 

exemptions for flight training without fully functional dual controls for a number of aircraft and 

for flight instruction in experimental aircraft.11 Accordingly, an exemption will be required for 

the flight instruction requirements of 14 CFR §91.109 (a).

 10 Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 32827, 10700 and 11284 11 Exemption Nos. 5778K, 9862A and 11284
INNOVATIVE TOWER SOLUTIONS LLC

EXEMPTION REQUEST

Section 333 of the FAA Modernization & Reform Act and 14 CFR §11

Page 9 of 12

INNOVATIVE TOWER SOLUTIONS LLC

PO BOX 213

ELBERFELD IN 47613

304-906-5628

14 CFR §91.119: MINIMUM SAFE ALTITUDES

ITS LLC seeks an exemption from the minimum safe altitude requirements of 14 CFR §91.119. 

Section 91.119 prescribes the minimum safe altitudes under which aircraft may not operate, 

including 500 feet above the surface and away from any person, vessel, vehicle, or structure in 

non-congested areas (14 CFR §91.119 (c)). Section 91.119 (d) allows for a helicopter to operate 

at less than those minimum altitudes when it can be operated "without hazard to persons or 

property on the surface," provided that "each person operating the helicopter complies with any 

routes or altitudes specifically prescribed for helicopters by the FAA."

An exemption is required because in order to perform the intended filming, the UAV must

operate not more than 400 feet AGL or 200 feet above an elevated platform from which filming 

is planned. Further, it will be operated in a restricted area where buildings and people will not be 

exposed to operations without their pre-obtained notification and consent, when required.

The equivalent level of safety will be achieved given the size, weight, UAV speed and location 

of operation. No flight will be taken without the permission of the consumer and property owner 

and/or local officials, as applicable. All affected individuals will be notified in advance and 

aware of the planned flight operations. Compared to flight operations with aircraft or rotorcraft 

weighing far more than the maximum 30 lbs. proposed herein and the lack of flammable fuel, 

any risk associated with these operations is far less than those presently presented with 

conventional aircraft operating at or below 500 AGL in the video production industry. In 

addition, the low-altitude operations of the UAV will ensure separation between the small UAV 

operations and the operations of conventional aircraft that must comply with §99.119. 

Accordingly, an exemption will be required for the minimum safe altitude requirements of 

14 CFR 91.119

14 CFR §91.121: ALTIMETER SETTING

ITS LLC seeks an exemption from 14 CFR §91.121 which requires a person operating an aircraft 

to maintain cruising altitude or flight level by reference to an altimeter that is set to the elevation 

of the departure airport or barometric pressure. UAVs do not have a barometric altimeter, but 

rather a GPS altitude read out. An equivalent level of safety will be achieved by the UAV 

operator confirming the altitude of the launch site shown on the GPS altitude indicator before 

flight. Accordingly, an exemption will be required for the altimeter setting requirements of 

14 CFR 91.121.
INNOVATIVE TOWER SOLUTIONS LLC

EXEMPTION REQUEST

Section 333 of the FAA Modernization & Reform Act and 14 CFR §11

Page 10 of 12

INNOVATIVE TOWER SOLUTIONS LLC

PO BOX 213

ELBERFELD IN 47613

304-906-5628

14 CFR §91.151 (a): FUEL REQUIREMENTS FOR FLIGHT IN VFR CONDITIONS

ITS LLC seeks an exemption from 14 CFR §91.151 (a) which 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 FAA has stated that an equivalent level of safety can be achieved by requiring that each 

UAV operation be completed within 30 minutes flight time or with 20% battery power 

remaining, whichever occurs first.12 ITS LLC conforms to this limitation, and therefore provides 

an equivalent level of safety.

The UAVs utilized by ITS LLC each include a low battery warning system. The amount of 

battery reserve power remaining is transmitted to the UAV operator via telemetric data feed from 

the UAV to a ground-based-on-screen display or via visual indicators on the UAV. The UAV 

operator will promptly fly the UAV back to the pre-determined landing location or abort location 

where the UAV may safely land, while still maintaining a minimum of 25% reserve battery 

power. All UAV flights will be safely terminated when the batteries fall below 25% capacity, 

combined with the requirement that flights only be conducted within a secure, isolated area, 

using a UAV weighting less than 30 pounds, and within visual line of sight of the UAV operator 

and/or visual observer, ensure that the proposed operation will provide an equivalent or higher 

level of safety to that provided by the regulations from which exemption is sought.

No meaningful flight operations can be conducted while still maintaining a 30-minute battery 

reserve due to the technological limitations on UAV battery power. Similar exemptions have 

been granted to other operations.13 Accordingly, an exemption will be required for the fuel 

requirements for flight in VFR conditions requirements of 14 CFR 91.151 (a).

14 CFR §91.203 (a) and (b): CARRYING CIVIL AIRCRAFT CERTIFICATION AND 

REGISTRATION

ITS LLC seeks an exemption from 14 CFR §91.203 which requires, (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 airworthiness 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. 

 12 Grant of Exemption to Clayco, Inc., Federal Register Number: 2014-19457, Docket No. FAA-2014-0507 13 Exemption Nos 2689F, 5745, 10673, 10808 and 11284
INNOVATIVE TOWER SOLUTIONS LLC

EXEMPTION REQUEST

Section 333 of the FAA Modernization & Reform Act and 14 CFR §11

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INNOVATIVE TOWER SOLUTIONS LLC

PO BOX 213

ELBERFELD IN 47613

304-906-5628

Each UAV utilized by ITS LLC when fully loaded weighs no more than 30 lbs. 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 UAV. An equivalent level of safety will be 

achieved by keeping these documents at the ground control point where the UAV operator will 

have immediate access to them, to the extent they are applicable to the UAV. The FAA has 

issued numerous exemptions to this regulation.14 Accordingly, an exemption will be required for 

the carrying civil aircraft certification and registration requirements of 

14 CFR §91.203 (a) and (b).

14 CFR §91.405 (a), §91.407 (a) (1), §91.409 (a) (2), and §91.417 (a) and (b): 

MAINTENANCE INSPECTIONS

ITS LLC seeks an exemption from the maintenance inspection requirements contained in 

14 CFR §91.405 (a), 91.407 (a) (1), 91.409 (a) (2); 91.417 (a) and (b). These regulations specify 

maintenance and inspection standards in reference to 14 CFR Part 43. 14 CFR §91.405 (a) states

that each owner or operator of an aircraft "[s]hall have the aircraft inspected as prescribed in 

subpart E of this part and shall between required inspections ...have discrepancies repaired as 

prescribed in part 43 of this chapter". Part 43 and these sections only apply to aircraft with an 

airworthiness certificate, which the UAVs to be operated by ITS LLC will not have.

Maintenance will be accomplished by the UAV operator pursuant to each UAVs user manual 

and/or operator manual. An equivalent level of safety will be achieved because maintenance and 

inspections will be performed in accordance with the manuals for each UAV and any required 

manufacturer Safety or Service Bulletins. The PIC will conduct a pre-flight inspection of the 

UAV to be utilized and all associated equipment to account for all discrepancies and/or 

inoperable components. Maintenance will be performed and verified to address any conditions 

potentially affecting safe operation of the UAV and no flights will occur unless, and until, all 

flight critical components of the UAV have been found to be airworthy and in a condition safe 

for operation. A functional test flight will be conducted following the replacement of any flightcritical components. Accordingly, an exemption will be required for the maintenance inspection 

requirements of 14 CFR §91.405 (a), 91.407 (a) (1), 91.409 (a) (2); 91.417 (a) and (b).

FEDERAL REGISTER SUMMARY

Pursuant to 14 CFR Part 11, the following summary is provided for publication in the FEDERAL 

REGISTER, should it be determined that publication is needed:

Petitioner seeks an exemption from the following rules in Title 14 of the Code of Federal 

Regulations: 

 14 Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, 10700 and11284
INNOVATIVE TOWER SOLUTIONS LLC

EXEMPTION REQUEST

Section 333 of the FAA Modernization & Reform Act and 14 CFR §11

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INNOVATIVE TOWER SOLUTIONS LLC

PO BOX 213

ELBERFELD IN 47613

304-906-5628

14 CFR §21, Subpart H; 14 CFR §45.23(b); 14 CFR §61.113 (a) and (b); 14 CFR §91.7 (a); 

§91.9 (b); §91.103 (b); §91.109; §91.119; §91.121; §91.151 (a); §91.103 (a) and (b); §91.405 (a); 

§91.407 (a); §91.409 (a) (1); §91.409 (a) (2); §91.417 (a) and (b) to operate commercially a 

small UAV (30 lbs. or less) in aerial videography, cinematography, photography and inspections 

operation.

The exemption will enhance safety by reducing risk to the general public and property owners 

from the substantial hazards associated with performing equivalent film work with conventional 

fixed-wing aircraft, rotorcraft, or other methods.

CONCLUSION

All ITS LLC flights will occur within a confined area of operation as defined by the consumer 

and/or approved by the property owner, when applicable. Filming will limited to people who 

have provided consent to be filmed or have otherwise agreed to be in the area of flight operation

and filming.

Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012 -size, weight, 

speed, operating capabilities, proximity to airports and populated areas, operation within visual 

line of sight and national security- provide more than adequate justification for the grant of the 

requested exemptions allowing commercial operation of the petitioners UAVs for aerial 

videography, cinematography, photography and inspections.

Thank You,

Joseph G. Dumas

Owner

Innovative Tower Solutions LLC

304-906-5628

ATTACHMENTS:

• Inspire 1 User Manual

• IRIS+ Operation Manual

• Phantom 2 User Manual

• X8 Operation Manual