UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION

DOCKET MANAGEMENT SYSTEM

1200 NEW JERSEY AVE., SE

WASHINGTON, DC 20590

IN THE MATTER OF THE PETITION FOR EXEMPTION OF: 

Innovative Aerial Solutions, LLC

FOR AN EXEMPTION SEEKING RELIEF FROM 

THE REQUIREMENTS OF THE FAA REFORM ACT AND 

PART 11 OF THE FEDERAL AVIATION REGULATIONS FROM

TITLE 14 OF THE CODE OF FEDERAL REGULATIONS 

SECTIONS C.F.R. §§ 61.113 (a) & (b); 91.7(a); 91.119 (c); 91.121; 91.151(a); 

91.405 (a); 91.407(a) (1); 91.409 (a) (2); 91.417 (a) & (b).

CONCERNING COMMERCIAL OPERATION OF UNMANNED AIRCRAFT SYSTEMS 

PURSUANT TO SECTION 333 OF   THE FAA MODERNIZATION 

AND REFORM ACT OF 2012 (PUBLIC LAW 112-95)

Submitted on January 20, 2016

Innovative Aerial Solutions, LLC

Mark McClain

P.O. Box 2193

Brandon, MS 39043

Markus.e.mcclain@hotmail.com
INTRODUCTION AND INTERESTS OF THE PETITIONER

Dear Sir or Madam:

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

“Reform Act”) and 14 C.F.R. Part 11, Innovative Aerial Solutions, LLC, Operator of 

Small Unmanned Aircraft Systems (“sUAS’s”) equipped to offer on-demand 

commercial UAS operations for a host of industries and applications and to perform 

the purposes listed below, hereby applies for an exemption from the listed Federal 

Aviation Regulations (“FARs”) to allow commercial operation of its sUAVs/UAS, so 

long as such operations are conducted within and under the conditions outlined 

herein or as may be established by the FAA in an exemption granted under either 

Section 333 or Section 49 U.S.C. §44701(f) 

As described more fully below, the requested exemption would permit the 

operation of a UAS under controlled conditions in airspace that is 1) limited; 2) 

predetermined; and 3) would provide safety enhancements in the fields in which it 

will operate, which now depend upon conventional aircraft or humans climbing 

high on dangerous structures, walking in insect laden swamps, and working 

adjacent to treacherous infrastructure. 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.” Section 333(c) of the 

Reform Act.1

Executive Summary

Petitioner has identified four previous approved exemptions for each of the 

Petitioners FAA submission requests:

• Commercial (mission/operation) purposes;

• Type of sUAVs (UAS);

• Title 14 Exemptions

Description of Type, Make and Models of sUAV/UAS Requested:

The petitioner is seeking an exemption to commercially operate sUAVs makes and 

models as follows: 

 1 Innovative Aerial Solutions, LLC relies upon the following exemptions where 

specific reference to an exemption is not provided: Exemptions 11062 thru 11067, 

11080, 11109 through 11112, 11114, 11213, 11062 and as recent as 11857.
DJI-F450

DJI-F550

DJI - Inspire 1

DJI – Matrice 100

DJI - Phantom 2

DJI - Phantom 3 (PRIMARY)

DJI – Spreading Wings S800

DJI – Spreading Wings S900

DJI – Spreading Wings S1000

Yuneec - Tornado H920

Yuneec - Typhoon Q500

Sensefly – Ebee

Sensefly - Exom

Each separately weighs 55 lbs. or less, with imaging payload and applicable 

equipment.

Commercial (Mission, Operation) Purpose: 

This exemption request, once granted would allow the petitioner to operate a small 

unmanned aerial vehicle (sUAV), unmanned aircraft system (UAS) to conduct bridge 

Inspections, flare stack inspection, utility-power generation system inspections and 

patrolling, aerial inspection, photography and videography of residential and 

commercial real estate, weddings, aerial inspection, photography and videography 

of utility infrastructure including but not limited to electrical power lines, wind 

turbines and cell towers, pipeline inspection and patrolling, filmmaking, 

cinematography, and videography, precision agriculture with on board sensors, 

wildlife and forestry monitoring and mosquito and insect control, aerial surveying, 

construction site inspection and monitoring, public entity support operations, Aerial 

imaging for safety, monitoring and comparing work efforts and completion 

percentages, and security of controlled environment of various sites, aerial video 

and live video feed to assist with search and rescue operations under the authority 

and support of local authority officials, aerial video and photography for public and 

private use including television, public events, and cinematography live feed and 

live newsgathering, training to persons individually or belonging to both private and 

public organizations to increase awareness and improve safety for current and 

future UAS operations within the NAS, special events: including high schools,

colleges, professional sports, open air events and fairs, research, risk management 

and assessment, motion picture production, surface mining, closed set filming,

disaster and catastrophe events.
Regulations from which the Exemption Relief is requested:

14 C.F.R. § 61.113 (a) & (b)

14 C.F.R. § 61.133(a)

14 C.F.R. § 91.7(a)

14 C.F. R.§ 91.119

14 C.F.R. § 91.121

14 C.F.R. § 91.151 (a)

14 C.F.R. § 91.405 (a)

14 C.F.R. § 407 (a) (1)

14 C.F.R. § 409 (a) (2)

14 C.F.R. § 417 (a) & (b)
The name and address of the Petitioner:

Mark E. McClain

P.O. Box 2193

Brandon, MS 39043

Please direct any question or comment regarding this petition to:

Mark E. McClain

P.O. Box 2193

Brandon, MS 39043

Markus.e.mcclain@hotmail.com

Background

The Petitioner, Innovative Aerial Solutions, LLC is under Mark McClain’s direction. 

Mark McClain is a highly accomplished, capable, experienced and trusted

professional pilot.

Commitment to Safety

As part of its commitment to safety and innovation, Innovative Aerial Solutions, LLC

is asking for this exemption in part, to reduce the risk of injury to its employees and 

contractors who participate in the proposed activities the petitioner requests, 

including but not limited to damage to agriculture, natural habitat, buildings and 

other structures within the United States. 

The Exemption Request

Innovative Aerial Solutions, LLC proposes the use of the sUAVs will be for capture of 

high resolution imagery and video of residential or commercial applications and 

purposes to a level of quality that allows the Petitioner to use the imagery to 

identify, record, memorialize events and objects according to the purposes noted. 

The imagery and video will be used to identify the condition of landscapes, 

agriculture, events, disasters and infrastructure to conduct bridge inspections, flare 

stack inspection, utility-power generation system inspections and patrolling, aerial 

inspection, photography and videography of residential and commercial real estate, 

weddings, aerial inspection, photography and videography of utility infrastructure 

including but not limited to electrical power lines, wind turbines and cell towers, 

pipeline inspection and patrolling, filmmaking, cinematography, and videography, 

precision agriculture with on board sensors, wildlife and forestry monitoring and 

mosquito and insect control, aerial surveying, construction site inspection and 

monitoring, public entity support operations, aerial imaging for safety, monitoring 
and comparing work efforts and completion percentages, and security of controlled 

environment of various sites, aerial video and live video feed to assist with search

and rescue operations under the authority and support of local authority officials, 

aerial video and photography for public and private use including television, public 

events, and cinematography live feed and live newsgathering, training to persons 

individually or belonging to both private and public organizations to increase 

awareness and improve safety for current and future UAS operations within the 

NAS, special events: including high schools, colleges, professional sports, open air 

events and fairs research, risk management and assessment, motion picture 

production, surface mining, closed set filming, disaster and catastrophe events.

The UAS will be operated by Innovative Aerial Solutions, LLC and or contracting 

operators on occasion to capture high-resolution imagery/video of large structures 

(wide and tall) such as warehouses, high rise buildings, bridges, and construction 

sites, as well as “bird’s eye” views of fire and explosion sites. Given the small size of 

the sUAVs involved, no more than 55 lbs., majority of the speed of operation be 

between 5-15 mph and the restricted environment within which they will operate, 

the Petitioner 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 UASs to commence immediately.

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

Sections 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 332 of the Reform Act. In making this 

determination, the Secretary is required to determine which types of UASs 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 UAS’ size, weight, speed, and operational capability;

• Operation of the UAS in close proximity to airports and populated areas; and

• Operation of the UAS 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).2

 2 Applicant interprets this provision to place a duty on the Administrator to not only 

process applications for exemptions under section 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.
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: The Administrator may grant an 

exemption from a requirement of a regulation prescribed under subsection (a) or 

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

finds the exemption is in the public interest. 49 U.S.C. §44701(f). See also 49 USC 

§44711(a); 49 USC §44704; 14 CFR §91.203(a)(1) This authority to grant 

exemptions reaches such issues as authorization of commercial operation of aircraft 

without an FAA issued pilot’s license.

Innovative Aerial Solutions, LLC in filing this application is requesting that the FAA 

combine the grant of the Section 333 exemption with a standard Certificate of 

Operation (COA) that will allow commercial operations of its Innovative Aerial 

Solutions, LLC sUAV without the necessity of filing for a COA for each flight, unless 

such flight is to be conducted in an area not approved in the exemption. Compliance 

with the conditions agreed to herein and that may be imposed by the FAA, as set

forth in prior Section 333 exemptions, provide the separation needed from other 

aircraft.

In addition, given that all operations will be conducted below 400 AGL feet and no 

closer than 5 nautical miles of the geographic center of an airport as denoted on a 

current FAA published aeronautical chart, unless a letter of agreement with that 

airport’s management is obtained, Innovative Aerial Solutions, LLC requests that 

operations over congested or densely populated areas be allowed. The new sUAVs 

do have GPS geo-fencing, it will operate at a very low altitude, within confined areas, 

at low speed and weighs no more than 55 lbs. Such operations will only be undertaken with the approval of the land or home owner, as set forth herein, and will 

comply with the requirements that operations be no closer than 500 feet to the 

adjacent building unless the land owner has provided permission, and the Operator 

has made a safety assessment of the risk from such operations. 

Operator Requirements

Given the sUAV proposed by Innovative Aerial Solutions, LLC, Operators should not 

be required to hold a private pilot license. Innovative Aerial Solutions, LLC believes 

that 1) the operator, instead of understanding how to operate a passenger carrying 

aircraft, should have knowledge and experience that enables the safe operation of a 

small, remotely piloted sUAV should understand airspace restrictions and know 

how to ensure separation from other aircraft as well as non-participants and 

property; 2) the sUAV has built-in technical capabilities that limit the potential for 

unsafe operation and 3) there are other security screening mechanisms already in 

existence that Innovative Aerial Solutions, LLC will utilize to ensure the operators

are acting consistently with national security interests. 
Given the sUAV safety features outlined below, Innovative Aerial Solutions, LLC

proposes that its operations under this Exemption request should not be required to 

hold a commercial or private pilot certification. Instead, Operators should be 

required to: have successfully completed, at a minimum, FAA private pilot ground 

instruction and passed the FAA Private Pilot written examination or FAA-recognized 

equivalents; have completed Innovative Aerial Solutions, LLC training program for 

operation of the UAS.

Innovative Aerial Solutions, LLC notes that 1) the FAA has found that safety factors 

permitted operation of sUAVs by Operators with these qualifications in the case of 

operations pursuant to public COAs when the mandatory operating conditions 

specified above were present; and 2) that the Notice of Proposed Rulemaking 

entitled Operation and Certification of Small Unmanned Aircraft Systems, 80 F.R. 

9544 (February 23, 2015) (“NPRM”), does not require the operator to hold a private 

pilot license or a third class medical.

Advanced sUAVs have a navigation and control system and auto-pilot that allows it 

to execute very accurate pre-programed flights. Flights are pre-programmed with 

GPS waypoint to establish perimeters beyond which the aircraft will not operate. 

Flights under auto-pilot are not directed by positive manual input, but through preprogrammed flight parameters that are executed by the auto-pilot. In the case of 

unplanned events, the Operator inputs preprogrammed evasive maneuvers from the 

control unit, and the autopilot executes those maneuvers. Pre-programmed 

Operator interventions include: initiation of holding at present position; suspension 

of mission; fly back to launch point; abort mission and land immediately; and 

emergency power cut off and land (flight termination system). Additional 

automated safety functions and safety enhancing features of the advanced sUAVs

may include the following:

1) Auto-pilot detection of lost GPS or of insufficient satellites initiates an 

immediate landing, 

2) Low power on the aircraft triggers escalating alarms at GCS at 35% and 10% 

levels. Low power below 10% triggers an immediate landing, 

3) If the auto-pilot detects a lost-link to the ground controller, the UAS will hold 

position at its current location for 5 seconds and if the signal is not restored, 

execute a return to home and land, 

4) Redundant “kill switches” that enable completely shutting the aircraft down 

in flight in the event of a loss of control or un-commanded deviation from the 

flight path, 

5) The aircraft, weighs less than 55 lbs., fully loaded, 

6) The motors are driven by pulse width modulated signals, not analog signals, 

7) The aircraft will operate for the Purposes at no more than 30 mph (while 

imaging) nor above 200 feet above the structure (imaging altitude) or a 

maximum of 400 feet AGL.
See Federal Aviation Administration, Notice N-8900.227, Unmanned Aircraft 

Systems (UAS) Operational Approval, at 20-21 (July 30, 2013); As the FAA has 

determined in Exemptions 11062 thru 11067,11080 and 11110 (the “Exemptions”), 

in comparing the requirements for private pilot knowledge and the knowledge 

required for a commercial pilot, that knowledge associated with a private pilot 

license, and therefore private pilot ground school, was sufficient to allow private 

pilots to operate sUAVs under those exemptions. 

Based upon that analysis, Innovative Aerial Solutions, LLC believes successful

completion of FAA private pilot ground school is a suitable predicate to operating 

the sUAV under this exemption. Innovative Aerial Solutions, LLC proposes that the 

Operator accumulate required sUAV flight training hours through the operation of 

sUAVs rather than flight hours in conventional aircraft. Those hours are more 

relevant to the operations proposed herein than hours gained in obtaining a private 

pilot’s certificate in conventional or rotor aircraft. Those aircraft are orders of 

magnitude heavier than the sUAS and carry not only the pilot himself, but also 

passengers and fuel, none of which is carried in the sUAS. These conventional 

aircraft fly over all sorts of airspace without the permission or knowledge of the 

landowner. 

A handheld radio controller controls the sUAV and the vehicle is operated within the 

line of sight. The requirements of Part 61.127 (commercial flight proficiency) and 

§61.107 (private flight proficiency), to the extent they are relevant to UAS 

operations, can be taught in the training proposed herein. As a review of the 

requirements of part 61.127 and 107 demonstrate, the issues presented as they 

relate to a 55-pound aircraft, operating at less than 30 mph during filming 

operations are those taught in ground school and in flight training with the 

particular UAS and not gained from accumulating flight hours in a fixed wing or 

rotorcraft gas or jet A powered aircraft completing cross country flights and take 

offs and landings at controlled and uncontrolled airports.

As to national security review of pilots, each of Innovative Aerial Solutions, LLC

pilots/operators will obtain internally provided certified training (Ground and 

Practical) from Innovative Aerial Solutions, LLC to operate the sUAV. This review

and certification could reasonably vet the Operators against any known terrorist or 

no fly listings that are relevant and publically available.

Aircraft and Equivalent Level of Safety

The Petitioner 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 even higher level of safety to 

operations under the current regulatory structure because the proposed operations 

represent a safety enhancement to the operations conducted with conventional 

aircraft or with humans climbing up and around structures. These conditions are 
drawn from Exemptions 11136, 11138, 11172, 11174 and 11177, 11062, 11109, 

11112, and 11213 and as recent as 11857.

These limitations and conditions to which Innovative Aerial Solutions, LLC (referred 

to as “Operator”) agrees to be bound when conducting commercial operations under 

an FAA issued exemption include:

1) Operations authorized by this grant of exemption are limited to 

the aircraft described in the Operator’s manual, which is a multirotor weighing up to 55 pounds. Proposed operations of any 

other aircraft will require a new petition or a petition to amend 

this grant.

2) The UA may not be flown at an indicated airspeed exceeding 30

mph (10 mph during inspections).

3) The UA must be operated at an altitude of no more than 400 feet 

above ground level (AGL), as indicated by the procedures 

specified in the Operator’s manual. All altitudes reported to ATC 

must be in feet AGL.

4) The UA must be operated within visual line of sight (VLOS) of the 

Aircraft Operator at all times. This requires the Aircraft Operator 

to be able to use human vision unaided by any device other than 

corrective lenses.

5) The Exemption Holder’s Manuals must be amended to include all 

conditions and limitations required by the FAA. The Manuals 

must be maintained and made available to the Administrator 

upon request. If a discrepancy exists between the conditions and 

limitations in the exemption and the procedures outlined in the

Exemption Holder’s Operator’s manual, the conditions and 

limitations in the exemption take precedence and must be 

followed. Otherwise, the Aircraft Operator must follow the 

procedures as outlined in its Aircraft’s manual. The Exemption 

Holder may update or revise its Manuals. It is the Exemption

Holder’s responsibility to track such revisions and present 

updated and revised documents to the Administrator upon 

request. The Exemption Holder must also present updated and 

revised documents if it petitions for an extension or amendment 

of this exemption. If the Exemption Holder determines that any

update or revision would affect the basis upon which the FAA 

granted this exemption, then the Exemption Holder must 

petition for amendment to its exemption.
6) Prior to each flight, the Aircraft Operator must inspect the UAS to 

ensure it is in a condition for safe flight. If the inspection reveals 

a condition that affects the safe operation of the UAS, the aircraft 

is prohibited from operating until the necessary maintenance 

has been performed, and the UAS is found to be in a condition for

safe flight. The Ground Control Station must be included in the 

preflight inspection. All maintenance and alterations must be 

properly documented in the aircraft records.

7) Any UAS that has undergone maintenance or alterations that 

affect the UAS operation or flight characteristics, e.g., 

replacement of a flight critical component, must undergo a 

functional test flight in accordance with the Exemption Holder’s

Manuals. The Aircraft Operator who conducts the functional test 

flight must make an entry in the UAS aircraft records of the 

flight. The requirements and procedures for a functional test 

flight and aircraft record entry must be added to the Exemption 

Holder’s Operator’s manual.

8) The Exemption Holder must follow the manufacturer’s UAS 

aircraft/component, maintenance, overhaul, replacement, 

inspection, and life limit requirements, with particular attention 

to flight critical components that may not be addressed in the

manufacturer’s manuals.

9) The Exemption Holder must carry out its maintenance, 

inspections, and record keeping requirements in accordance 

with the Operator’s Manuals. Maintenance, inspection, and 

alterations must be noted in the aircraft logbook, including total

flight hours, description of work accomplished, and the signature 

of the authorized technician returning the UAS to service.

10) The authorized technicians must receive and document training 

referenced in the Exemption Holder’s Manuals.

11) Each UAS operated under this exemption must comply with all 

manufacturer System and Safety Bulletins.

12) The Exemption Holder’s maintenance personnel must make a 

record entry in the UAS logbook or equivalent document of the 

corrective action taken against discrepancies discovered 

between inspections.

13) Prior to commencing operations, the Aircraft Operator shall have 

logged at least 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 and 

5 hours in the make and model.
14) If the UAS loses communications or loses its GPS signal, the UA 

must return to a pre-determined location within the private or 

controlled-access property and land or be recovered in 

accordance with the Exemption Holder’s Manuals.

15) The Aircraft Operator must abort the flight in the event of 

unpredicted obstacles or emergencies, including unauthorized 

people entering the flight area, in accordance with the 

Exemption Holder’s Manuals.

16) The Aircraft Operator is prohibited from beginning a UAS flight 

unless (considering wind and forecast weather conditions) there 

is enough power to fly to the first point of intended landing and, 

assuming normal cruising speed, to fly after that for at least 10 

minutes.

17) All aircraft operated in accordance with the exemption must be 

identified by serial number, registered in accordance with 14 

CFR part 47, and have identification (N- Number) markings in 

accordance with 14 CFR part 45, Subpart C. Markings must be as 

large as practicable.

18) Before conducting operations, the radio frequency spectrum 

used for operation and control of the UA must comply with the 

Federal Communications Commission (FCC) or other 

appropriate government oversight agency requirements.

19) The documents required under 14 CFR 91.9 and 91.203 must be 

available to the Operator at the Ground Control Station of the 

UAS any time the aircraft is operating. These documents must be 

made available to the Administrator or any law enforcement 

official upon request. 

20) The UA must remain clear and yield the right of way to all other 

manned operations and activities at all times (including, but not 

limited to, ultra-light vehicles, parachute activities, parasailing 

activities, hang gliders, etc.).

21) The UA may not be operated by the Aircraft Operator from any 

moving device or vehicle.

22) UAS operations may not be conducted during night, as defined in 

14 CFR 1.1.

23) All operations must be conducted under visual meteorological 

conditions (VMC). The UA may not be operated less than 500 
feet below or less than 2,000 feet horizontally from a cloud or 

when visibility is less than 3 statute miles from the Operator.

24) During operations the UA may not operate within 5 nautical 

miles of the geographic center of an airport as denoted on a 

current FAA-published aeronautical chart unless a letter of 

agreement with that airport’s management is obtained, and the 

operation is conducted in accordance with a NOTAM, if as

required by the Operator’s COA. The letter of agreement with the 

airport management must be made available to the 

Administrator upon request.

25) The UA may not be operated over congested or densely 

populated areas unless the conditions set for in #26 are satisfied. 

These populated areas include but are not limited to the yellow 

areas depicted on World Aeronautical Charts (WAC), Sectional 

Aeronautical Charts (Sectionals), or Terminal Area Charts (TAC). 

However, aeronautical charts may not reflect pertinent local 

information. Ultimately, it is the Operator’s responsibility to 

maintain the minimum safe altitudes required by § 91.119 (d) 

(1).

26) Flight operations must be conducted at least 500 feet from all 

nonparticipating persons, vessels, vehicles, and structures 

unless:

a. Barriers or structures are present that sufficiently protect

nonparticipating persons from debris in the event of an 

accident. The Aircraft Operator must ensure that 

nonparticipating persons remain under such protection. If a 

situation arises where nonparticipating persons leave such 

protection and are within 30 feet of the UA, flight

operations must cease immediately and/or;

b. The aircraft is operated near vessels, vehicles or structures 

where the land owner/controller has granted permission 

and/or the Aircraft Operator has made a safety assessment 

of the risk of operating closer to those objects and;

c. Operations near the Aircraft Operator do not present an 

undue hazard to the Operator per § 91.119(a).

27) All operations shall be conducted over private or controlledaccess property with permission from the land owner/controller 

or authorized representative. Permission from land 

owner/controller or authorized representative will be obtained 

for each flight to be conducted.
28) Any incident, accident, or flight operation that transgresses the 

lateral or vertical boundaries of the operational area as defined 

by the applicable COA must be reported to the FAA’s UAS 

Integration Office (AFS-80) within 24 hours. Accidents must be 

reported to the National Transportation Safety Board (NTSB)

per instructions contained on the NTSB Web site: www.ntsb.gov.

Specific Uses Public Benefits

Innovative Aerial Solutions, LLC proposes use of its sUAV provided equivalent or 

augmented levels of safety for each of the uses proposed herein:

The present systems of photography and videography and mapping of inspecting 

the roofs, agriculture land, buildings and large structures site surveys, wild life 

monitoring, mosquito and insect control are now conducted by either a person

wading through swamps, climbing on the roofs and structures that are steep, tall, 

slippery, weakened or otherwise hazardous or by the use of conventional aircraft. 

The current procedures can result in significant injuries to the people who must 

climb on the roofs or require the use of aircraft that are orders of magnitude greater 

in size than the sUAV. Either method, manual inspection or large conventional 

aircraft, results in increased risk of injury due to personnel falling off roofs or 

ladders, carrying heavy ladders and dealing with confined and dangerous spaces, or 

increased risk from low altitude flyovers with helicopters or fixed wing aircraft 

inspecting buildings after damage from storms or other disasters, such as 

earthquakes or fires. Such flights are, of course, significantly more expensive than 

those undertaken with a sUAV. 

The present system exposes those not only in the immediate area of inspection, but 

those who are along the path of flight associated with the arrival and departure of 

the conventional aircraft at the inspection site because the aircraft must be flown to 

and from the site. By contrast, the sUAV is carried to the site and transits no other

property. Conventional aircraft carry flammable fuels that are not carried by the 

UAS and emit pollutants associated with internal combustion engines. The sUAVs 

proposed herein are battery powered and have no emissions.

Equivalent Level of Safety

14 C.F.R. § 61.113(a) & (b);: Private Pilot Privileges and Limitations; Pilot in 

Command;

Section 61.113(a) & (b) limit private pilots to non-commercial operations. Unlike a 

conventional aircraft that carries a pilot, passengers, and cargo, the Innovative 
Aerial Solutions, LLC sUAV is remotely controlled with no passengers or property of 

others on board. Section 61.133(a) requires an individual with a commercial pilot’s 

license to be pilot in command of an aircraft for compensation or hire. 

Innovative Aerial Solutions, LLC respectfully proposes that Operator requirements 

should take into account the characteristics of the particular UAS. Innovative Aerial 

Solutions, LLC sUAV has a high degree of pre-programmed control and various builtin technical capabilities that strictly limit the potential for operation outside of the 

operating conditions set forth in the exemption application. The Innovative Aerial 

Solutions, LLC sUAV has navigation and control system comprised of a Ground 

Control Station (GCS) and auto-pilot system that can be pre-programmed to set 

operational boundaries. All flights are pre-programmed with precision GPS 

guidance. In the case of unplanned events, the Operator may input pre-programmed

evasive maneuvers from the control unit, and the onboard autopilot executes those 

maneuvers. Pre-programmed Operator interventions include initiation of holding at 

present position; suspension of mission; fly back to launch point; abort mission and 

land immediately; and emergency power cut off and land (Flight Termination 

System).

Additional automated safety functions and safety enhancing features of the 

Innovative Aerial Solutions, LLC sUAVs may include the following:

1.1. Auto-pilot detection of lost GPS or of insufficient satellites initiates an 

immediate landing.

1.2. Low power on the aircraft triggers escalating alarms at GCS at 35% and 

10% levels. Low power below 10% triggers an immediate landing.

1.3. If the auto-pilot detects a lost-link to the ground controller, the UAS will 

hold position at its current location for 5 seconds and if the signal is not 

restored, execute a return to home and land.

1.4. Redundant “kill switches” that enable completely shutting the aircraft 

down in flight in the event of a loss of control or un-commanded 

deviation from the flight path.

1.5. The aircraft, weighs less than 55 lbs., fully loaded.

1.6. The motors are driven by pulse width modulated signals, not analog 

signals.

1.7. The aircraft will operate for the Purposes at no more than 30 mph

(while imaging) nor above 200 feet above the structure (imaging 

altitude) or a maximum of 400 AGL.

Given these safety features, Innovative Aerial Solutions, LLC proposes that 

Operators of the Innovative Aerial Solutions, LLC sUAV should not be required to 

hold a commercial or private pilot certification. 

Instead, Operators should be required to: have successfully completed, at a 

minimum, FAA private pilot ground instruction and passed the FAA Private Pilot 

written examination or FAA-recognized equivalents; have completed the 
manufacturer’s or Innovative Aerial Solutions, LLC training program for operation 

of the UAS.

Innovative Aerial Solutions, LLC notes that the FAA has found that safety factors

permitted operation of UASs by Operators with these qualifications in the case of 

operations pursuant to public COAs where the mandatory operating conditions 

specified above were present. See, Federal Aviation Administration, Notice N8900.227, Unmanned Aircraft Systems (UAS) Operational Approval, at 20-21 (July 

30, 2013). Likewise, Innovative Aerial Solutions, LLC notes that the NPRM does not 

require that the Operator hold a private pilot license issued by the FAA.

Given these conditions and restrictions, an equivalent level of safety will be 

provided by allowing operation of the Innovative Aerial Solutions, LLC sUAV

without a private pilot’s certificate or a commercial pilot’s certificate, under the 

conditions set forth herein.

The risks associated with the operation of the Innovative Aerial Solutions, LLC sUAV

(given its size, speed, operational capabilities, and lack of combustible fuel) are so 

diminished from the level of risk associated with private pilot operations or 

commercial operations contemplated by Part 61 with conventional aircraft (fixed 

wing or rotorcraft), that allowing operations of the UAS as set forth above meets or 

exceeds the present level of safety provided under 14 C.F.R. § 61.113(a) & (b) and 

does not rise to the level of requiring a commercial pilot to operate the aircraft 

under § 61.133(a).

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

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

airworthy condition. Should the exemption be granted allowing commercial 

operation of the UAS without an airworthiness certificate, no standard will exist for 

airworthiness of the UA. Given the size of the aircraft and the requirements that the 

Operator has agreed to as it relates to airworthiness, as contained in the manual, an 

equivalent level of safety will be achieved by insuring compliance with the manuals 

prior to each flight. The FAA has granted exemptions to conduct similar operations 

in Exemptions 11062 through 11067, 11080 and 11110.

14 C.F.R. §91.119: Minimum safe altitudes

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 

91.119 (d) allows helicopters to be operated at less than the minimums prescribed, 

provided the person operating the helicopter complies with any route or altitudes 

prescribed for helicopters by the FAA. As this exemption is for a sUAS that is a 
helicopter and the exemption requests authority to operate at altitudes up to 400 

AGL, an exemption may be needed to allow such operations. 

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

the UAS as well as the location where it is operated. No flight will be taken without 

the permission of the property owner, facility owner, and/or local officials. Because 

of the advance notice to the property owner and participants, all affected individuals 

will be aware of the planned flight operations as set forth in the Manuals. Compared 

to flight operations with aircraft or rotorcraft weighing far more than the maximum 

55 lbs. and the lack of flammable fuel, any risk associated with these operations is 

far less than those presently presented by conventional aircraft operating at or 

below 500 AGL in the aerial photography industry. In addition, the low-altitude

operations of the sUAS will ensure separation between these small-UAS operations 

and the operations of conventional aircraft that must comply with Section 91.119. 

The FAA has granted exemptions to conduct similar operations in Exemptions 

11062 through 11067, 11080 and 11110.

14 C.F.R. §91.121 Altimeter Settings

This regulation requires each person operating an aircraft to maintain cruising 

altitude by reference to an altimeter that is set “...to the elevation of the departure 

airport or an appropriate altimeter setting available before departure.” As the 

Innovative Aerial Solutions, LLC sUAV, in manual or emergency mode, will not have 

a barometric altimeter display, but instead a GPS altitude display, an exemption will 

be needed. The Operator, pursuant to the procedures set forth in the Manuals as 

indicated before flight, will achieve an equivalent level of safety. The FAA has

granted exemptions to conduct similar operations in Exemptions 11062 through 

11067, 11080 and 11110.

14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions

Section 91.151(a) prohibits an individual from beginning “a flight in an airplane 

under VFR conditions unless (considering wind and forecast weather conditions) 

there is enough fuel to fly to the first point of intended landing, and, assuming 

normal cruising speed – (1) During the day, to fly after that for at least 30 minutes; 

or (2) At night, to fly after that for at least 45 minutes.”

The battery powering the sUAS provides approximately 40 minutes of powered 

flight. To meet the 30-minute reserve requirement in 14 CFR §91.151, sUAS flights 

would be limited to approximately 10 minutes in length. Given the limitations on the 

UAS’ proposed flight area and the location of its proposed operations within a 

predetermined area, a longer time frame for flight is reasonable.
Petitioner believes that an exemption from 14 CFR §91.151(a) falls within the scope 

of prior exemptions. See Exemption 10673 (allowing Lockheed Martin Corporation 

to operate without compliance with FAR 91.151 (a)). Operating the small UAS, in a 

tightly controlled area where only people and property owners or official 

representatives who have signed waivers will be allowed, with less than 30 minutes 

of reserve fuel, does not engender the type of risks that Section 91.151(a) was 

intended to alleviate given the size and speed of the small UAS.

Petitioner believes that an equivalent level of safety can be achieved by limiting 

flights to 30 minutes or 25% of remaining battery power whichever happens first. 

This restriction would be more than adequate to return the sUAS to its planned 

landing zone from anywhere in its limited operating area. Similar exemptions have 

been granted to other operations, including Exemptions 2689F, 5745, 10673, 10808 

and Exemptions 11062, through11067, 11080 and 11110.

14 C.F.R. §91.405 (a); 91.407 (a) (1); 91.409(a) (2); 91.417(a) & (b): Maintenance

Inspections

These regulations require that an aircraft Operator or owner “shall have that 

aircraft inspected as prescribed in subpart E of this part and shall between required 

inspections, except as provided in paragraph (c) of this section, have discrepancies 

repaired as prescribed in part 43 of this chapter...,” and others shall inspect or 

maintain the aircraft in compliance with Part 43.

Given that these sections and Part 43 apply only to aircraft with an airworthiness

certificate, these sections will not apply to the Petitioner. Maintenance will be 

accomplished by the Operator or manufacturer pursuant to the flight manual and 

operating handbook as referenced in the UAV Manuals an equivalent level of safety 

will be achieved because these small UASs are very limited in size and will carry a 

small payload and operate only in defined areas for limited periods of time. If 

mechanical issues arise, the UAS can land immediately and will be operating from 

no higher than 400 feet AGL. As provided in the Aircraft Flight Operations Manual 

the Operator will ensure that the UAS is in working order prior to initiating flight, 

perform required maintenance, conduct any test flights required after maintenance 

performed and keep a log of any maintenance performed. Moreover, the Operator 

and manufacturer are most familiar with the aircraft and best suited to maintain the 

aircraft in an airworthy condition to provide the equivalent level of safety. The FAA 

has granted exemptions for similar operations in Exemptions 11062 through 11067, 

11080 and 11110.
Federal Register Publication

Pursuant to 14 C.F.R. 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:

14 C.F.R. §§ 61.113(a) & (b); 91.7(a); 91.119; 91.121; 91.151(a); 91.405(a);

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

unmanned vehicle (55 lbs. or less) for the following purposes: to conduct bridge 

inspections, flare stack inspection, utility-power generation system inspections and 

patrolling, aerial inspection and photography of residential and commercial utility 

infrastructure including but not limited to electrical power lines, wind turbines and 

cell towers, pipeline inspection and patrolling, filmmaking, cinematography, and 

videography, precision agriculture with on board sensors, wildlife and forestry 

monitoring and mosquito and insect control, aerial surveying, construction site 

inspection and monitoring, public entity support operations, aerial video and live 

video feed to assist with search and rescue operations under the authority and 

support of local authority officials, aerial video and photography for public and 

private use including television, public events, and cinematography live feed and 

live newsgathering, training to persons individually or belonging to both private and 

public organizations to increase awareness and improve safety for current and 

future UAS operations within the NAS, special events: including high schools,

colleges, professional sports, open air events and fairs, research, risk management 

and assessment, motion picture production, surface mining, closed set filming, 

disaster and catastrophe events.

Privacy and National Security

All flights will occur over private or controlled access property with the property 

owner’s prior consent and knowledge. Inspection will be of inanimate objects in 

areas where the owners will have consented to the inspections or otherwise have 

agreed to allow the UAS and the Operator to be in the area where operations will 

take place. 

The size of the UAS, its speed and restricted area of operation do not raise national

security issues.
Summary

Approval of exemptions allowing commercial operations of sUAVs for petitioner to 

operate an unmanned aircraft system (UAS) to conduct bridge Inspections, flare 

stack inspection, utility-power generation system inspections and patrolling, aerial 

inspection and photography of residential and commercial utility infrastructure 

including but not limited to electrical power lines, wind turbines and cell towers, 

pipeline inspection and patrolling, filmmaking, cinematography, and videography, 

precision agriculture with on board sensors, wildlife and forestry monitoring and 

mosquito and insect control, aerial surveying, construction site inspection and 

monitoring, public entity support operations, aerial video and live video feed to 

assist with search and rescue operations under the authority and support of local 

authority officials, aerial video and photography for public and private use including 

television, public events, and cinematography live feed and live newsgathering, 

training to persons individually or belonging to both private and public 

organizations to increase awareness and improve safety for current and future UAS 

operations within the NAS, special events: including high schools. colleges, 

professional sports, open air events and fairs, research, risk management and 

assessment, motion picture production, surface mining, closed set filming, disaster 

and catastrophe events, will enhance safety by reducing risk. 

Conventional operations, using jet or piston powered aircraft, ladders or placing 

people in swamps, on roofs or tall, hazardous or weakened structures, exposes them 

to higher risks than those created by use of a sUAVs. Conventional aircraft that 

operate at extremely low altitudes just feet from the subject being inspected and in 

extreme proximity to people and structures present the risks associated with 

vehicles that weigh in excess of 6,000 lbs., carrying large amounts of jet A or other 

fuel (140 gallons for jet helicopters). Such aircraft must fly to and from the project 

location. In contrast, a sUAV weighing fewer than 55 lbs. and powered by batteries 

eliminates virtually all of that risk given the reduced mass and lack of combustible 

fuel carried on board. The sUAV is carried to the target area and not flown. The 

sUAV will carry no passengers or crew and, therefore, will not expose them to the 

risks associated with manned aircraft flights.

The operation of small UASs, weighing less than 55 lbs., conducted under the strict

conditions outlined above, will provide an equivalent level of safety supporting the 

grant of the exemptions requested herein. These lightweight aircraft operate at slow 

speeds, close to the ground, and in areas that are under the control of the customer 

for the operations and, as a result, are far safer than conventional operations 

conducted with turbine helicopters operating in close proximity to the ground and 

people or the use of individuals to climb the structures to conduct the operations.

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 and 

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 Petitioner’s UAS for the Purposes outlined herein and are 

consistent with exemptions already granted, including Exemptions number 11171 

through 11174, 11176, 11177, 11062, 11109, 11112, and 11213 and as recent as 

11857.

Sincerely,

Mark McClain

Innovative Aerial Solutions, LLC

P.O. Box 2193

Brandon, MS 39043