Petitioner:

James F. Barger, Founder

IO Creations, DBA Droneport

2153 Adair St.

San Marino, CA 91108

C: 626.625.4001

E: james@jamesfbarger.com

January 6th, 2016

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave, SE

Washington, DC 20590

RE: Exemption Request Under Section 333 of the FAA Reform Act of the Federal Aviation

Regulations from 14 CFR Addressing Part 11.81 of the Federal Aviation Regulations

Dear Sir or Madam,

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

and 14 CFR Part 11.81, IO Creations DBA Droneport, hereby applies for an exemption from the

listed Federal Aviation Regulations ("FARs") to allow commercial operation of its small

unmanned aircraft system (sUAS) for aerial photography, construction site documentation,

industrial inspections, structural analyses and land surveying. All operations will be conducted

within and under the conditions and limitations outlined by the FAA as required by Section 333

and conducted in compliance with the attached operator’s manuals.

Our, IO Creations, exemption request would permit the operation of sUAS for the development

of private and public use videos within the allowed property boundaries of public and private

land. Operations will be tightly controlled, in limited airspaces, away from large masses of

people, airports, heliports and heavy vehicular traffic. This represents a significantly safer

alternative to using full sized helicopter or fixed wing aircraft, which involves substantial risk of

severe injury or death to both the crew and the public in the event of an accident. By contrast, a

fully loaded sUAS (currently a DJI Phantom 3) weighs 2.8 pounds, carries no crew, and does

not use highly combustible fuel. It is for these reasons that we respectfully request an exemption

to the below mentioned CFRs and FARs.

Granting our, IO Creations’, petition for exemption will comply with the Secretary of

Transportation’s (FAA Administrator’s) instructions to not only integrate sUASs into the national

airspace system, but to “...establish requirements for the safe operation of such aircraft systems

[sUASs] in the national airspace system” under Section 333(c) of the Reform Act specific to the
use of sUASs for aerial photography, construction site documentation, industrial inspections,

structural analyses and land surveying.

The seven factors Congress directed the FAA to consider when approving Section 333

exemption petitions­ size, weight, speed, operational capability, proximity to airports, proximity

to populated areas, and operation within visual line of sight­ each support the request. The

lightweight aircraft covered by the exemption are far safer than conventional operations

conducted with helicopters and fixed wing aircraft weighing thousands of pounds, carrying highly

flammable fuel, and operating in close proximity to the ground and people. In particular, the

aircraft are small, and will operate at slow speeds, and close to the ground in order to more

safely and efficiently conduct inspections that would otherwise involve a risk of death to the crew

members. The substantial increase of safety and decrease of risk to human life, coupled with

the low risk use of sUASs to conduct these operations, weigh heavily in favor of granting this

exemption application.

Further we, IO Creations, will conduct our operations in compliance with the protocols described

herein or as otherwise established by the FAA. For the reasons stated below, we, IO Creations,

respectfully request the grant of an exemption allowing us to operate sUASs to aid academic

community awareness, to benefit/stimulate attraction to the greater Los Angeles area and

beyond, and to enhance the aerial video platforms available to private and public parties. This

will also:

● Promote local economic growth through increased employment and increased tax base

● Improve public safety by replacing heavier, manned aircraft containing combustible fuel

that poses potential public hazard with sUASs that are extremely maneuverable,

lightweight and pose extremely minimal risk.

● Reduced noise and fuel emissions using lightweight sUAS as compared with manned

aircraft photographic/videographic shoots that will benefit the public and the environment

1. Contact Information:

James F. Barger, Founder

IO Creations

2153 Adair St.

San Marino, CA 91108

C: 626.625.4001

E: james@jamesfbarger.com

2. The Specific Sections of Title 14 of the Code of Federal Regulations Which IO

Creations Requests Exemptions are:

14 CFR 21 (h)

14 CFR 61.23(a) and (c)

14 CFR 61.101(e)(4) and (5)

14 CFR 61.113(a)
14 CFR 61.315(a)

14 CFR 91.7(a)

14 CFR 91.119(c)

14 CFR 91.121

14 CFR 91.151(a)(1)

14 CFR 91.405(a)

14 CFR 91.407(a)(1)

14 CFR 91.409(a)(1) and (2)

14 CFR 91.417(a) and (b)

3. The Extent of Relief IO Creations Seeks and the Reason They Seek Such Relief:

a. IO Creations wishes to operate sUAS for commercial purposes to include (but not

limited to) aerial photography, construction site documentation, industrial

inspections, structural analyses and land surveying. The relief is sought because

commercial use of sUAS is currently prohibited by law unless performed under

an exemption.

b. This exemption will cover use of the following airframes, all which will weigh less

than 55 pounds.

i. DJI Phantom 3 Advanced, see Exhibit 1 for the Operations Manual for

the DJI Phantom 3.

ii. Other models will be added in the future by amendment to this exemption

4. How IO Creations’ Request Will Benefit the Public As A Whole:

a. Use of sUAS technology to obtain imagery, information and data currently

obtained by use of manned flight or manual methods:

i. Reduces statistical risk to human life due to manned aircraft accidents

and due to other dangerous activities that can be avoided (e.g.,

scaffolding/rigging failures during roof inspections).

ii. Reduces the cost of obtaining such information, which benefits

consumers and the economy.

iii. Reduces environmental impact by eliminating sources of hydrocarbon

emissions from manned aircraft.

5. Reasons Why Exemption Will Not Adversely Affect Safety Or How The Exemption

Will Provide a Level of Safety At Least Equal To Existing Rule:

a. All aircraft will be registered and marked in accordance with Section 44711 and

Part 47 and Part 45, Subpart C. The DJI Phantom 3 in this application has

already been registered with the FAA under sUAS Certificate Number

FA3NE4RMLL.

b. Aircraft will comply with maintenance and inspection requirements of the

manufacturer. All repair and maintenance work will be conducted or approved by

qualified personnel such as those authorized by DJI (or equivalent), and will
require a test flight after such work. Records of all maintenance and repair work

will be kept in a maintenance log for each aircraft.

c. All flight operations will be conducted by at least two individuals (PIC and

observer) who will maintain verbal communication capability with each other at all

times during the flight, and who will remain stationary on the ground during the

flight operations:

i. A Pilot In Command (PIC) who possess the following credentials:

1. An Airman Certificate issued under 14 CFR 61 (sport pilot license)

screened by the TSA

2. A Third Class medical certificate issued under 14 CFR 67 OR a

valid US state issued driver’s license.

3. A bi­annual flight review under 14 CFR 61.56.

4. At least 60 cycles and 30 hours of flight experience in a sUAS

rotorcraft (or sUAS fixed­wing in the case of fixed­wing flight

operations under this exemption). Such cycles and hours may be

gained during flights under this exemption if a safe distance is

maintained from persons in accordance with 14 CFR 91.119.

5. At least 5 hours of flight experience and 3 takeoffs and landings in

make and model being flown in the prior 90 days. Such cycles and

hours may be gained during flights under this exemption if a safe

distance is maintained from persons in accordance with 14 CFR

91.119.

ii. A Visual Observer.

iii. A Sensor Operator as necessary.

d. All flight operations will be conducted in accordance with valid Certificates of

Authorization.

e. All flight operations will comply with the following:

i. The manufacturers' user manuals.

ii. Aircraft Flight Manuals (AFM) which include lost communication and other

emergency and safety procedures.

iii. Conducted in VMC conditions during daylight hours.

iv. PIC and VO will maintain VLOS at all times.

v. Pre­flight inspections (including ground control station, if any) and safety

risk assessments will be conducted prior to each flight.

vi. Flight altitudes will remain below 400 feet above ground level.

vii. Flight ground speeds will not exceed 50 knots.

viii. Not intrude into Class B, C, or D airspace, or published approach, SID or

STAR, or take place within 5 nautical miles of an airport without notifying

the tower of field.

ix. Not be made near persons as required in 14 CFR 91.119 and not over

persons on the ground without their prior permission.

x. Each flight will be logged in both the PIC's logbook and the aircraft

logbook.
xi. Not exceed 75% of the battery or fuel capacity of the aircraft, or 30

minutes, whichever occurs first.

xii. Any incidents will be reported within 24 hours of occurrence.

xiii. Any applicable local FSDO requirements.

xiv. All other applicable regulations concerned with the operation of aircraft.

f. Aircraft will use FCC compliant frequencies (e.g. 2.4 GHz, 5.728 GHz­5.85 GHz)

for command & control of the aircraft with well­defined and tested lost link

procedures.

6. A Summary The FAA May Publish in the Federal Register:

14 CFR 21 and 14 CFR 91: Airworthiness Certificates, General Operating and Flight Rules.

14 CFR 21, Subpart H, entitled Airworthiness Certificates, sets forth requirements for

procurement of necessary airworthiness certificates in relation to FAR Section 91.203(a)(1). The

7 7 size, weight and enclosed operational area of our, IO Creations’, sUAS permits exemption

from Part 21 because our sUAS meets (and exceeds) an equivalent level of safety pursuant to

Section 333 of the Reform Act. The FAA is authorized to exempt aircraft from the airworthiness

certificate requirement under both the Act (49 U.S.C. Part 44701 (f)) and Section 333 of the

Reform Act. Both pieces of legislation permit the FAA to exempt sUASs from the airworthiness

certificate requirement in consideration of the weight, size, speed, maneuverability and proximity

to areas such as airports and dense populations. Our, IO Creations’, current and projected

sUASs meet or exceed each of the elements.

14 CFR 61.23(a) and (c) Medical certificates: Requirement and duration. Pursuant to 14 CFR

61.23 (a), a person exercising PIC privileges of an aircraft must hold a first­class medical

certificate. This places an undue burden on a sUAS pilot, who must only currently possess a

sport pilot’s license to be eligible to fly sUASs commercially. Additionally, pursuant to 14 CFR

61.23 (c), a person exercising sport pilot privileges must hold a valid U.S. driver’s license only

while “in a light­sport aircraft other than a glider or balloon...” A sUAS does not qualify as a light

sport aircraft, a glider, or a balloon, but has been determined currently by the FAA, to require, at

minimum, a sport pilot’s license and valid U.S. driver’s license. This section must therefore be

exempted for IO Creations’ sUAS pilots to enforce having a sport pilot’s license and valid U.S.

driver’s license.

14 CFR 61.101(e)(4) and (5) Recreational pilot privileges and limitations. 14 CFR 61.101(e)(4)

and (5) state that recreational pilots are not allowed to fly as PIC “for hire” or “for furtherance of

a business”. IO Creations intends to offer our services to public and private entities for hire in a

safe, economical, and innovative way as has been described above. Therefore, we respectfully

request exemption from this requirement.

14 CFR 61.113: Private Pilot Privileges and Limitations: PIC. Pursuant to 14 C.F.R. 61.113 (a) &

(b), private pilots are limited to non­commercial operations. We, IO Creations, the sUAS PIC
must possess at least a sport pilot certificate and a driver's license. The PIC must also meet the

flight review requirements specified in 14 CFR 61.56 in which the PIC is rated on his/her pilot

certificate as outlined in 14 C.F.R. 61.

14 CFR 61.315(a): What are the privileges and limits of my sport pilot certificate? 14 CFR

61.315(a) limits sport pilots from flying “for compensation or hire” or “in furtherance of a

business”. We, IO Creations, intends to operate our sUASs for hire as described above in our

request for exemption from 14 CFR 61.101(e)(4) and (5). Therefore, we, IO Creations, also

request exemption from 14 CFR 61.315(a).

14 CFR 91.7(a) prohibits the operation of an aircraft without an airworthiness certificate. As no

such certificate will be applicable in the form contemplated by the FARs, this Regulation is

inapplicable.

14 CFR 91.119: Minimum Safe Altitudes. 14 CFR 91.119 prescribes safe altitudes for the

operation of civil aircraft. It allows helicopters to be operated at lower altitudes in certain

conditions. Our, IO Creations’, sUAS will never operate at an altitude greater than 400 ft above

ground level (AGL). We, IO Creations, will however operate our sUASs in safe areas away from

public and traffic, providing a level of safety at least equivalent to or below those in relation to

minimum safe altitudes, unless:

1. Barriers or structures are present that sufficiently protect nonparticipating persons from

the sUAS and/or debris in the event of an accident. The PIC or VO must ensure that

nonparticipating persons remain under such protection. If a situation arises where

nonparticipating persons leave such protection and are within an unsafe distance of the

sUAS, flight operations will cease immediately in a manner ensuring the safety of

nonparticipating persons; and

2. The owner/controller of any vessels, vehicles, or structures has granted permission for

operating closer to those objects and the PIC has made a safety assessment of the risk

of operating closer to those objects and determined that it does not present an undue

hazard.

Given the size, weight, maneuverability and speed of our sUASs, an equivalent or higher level

of safety will be achieved.

14 CFR 91.121 regarding altimeter settings is inapplicable insofar as our sUASs utilize

electronic global positioning systems with a barometric sensor or controlled GPS “geofencing”.

14 CFR 91.151(a) (1): Fuel requirements for flight in VFR conditions. The above­cited

regulations require, among other things, “enough fuel to fly to the first point of intended landing

and, assuming normal cruising speed...for at least 30 minutes...” These Regulations are

inapplicable because all sUAS flights will be limited to exactly or less than 30 minutes of total

flight before landing.
14 CFR 91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections. The

above­cited Regulations require, amongst other things, aircraft owners and operators to “have

[the] 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...” These Regulations only apply to aircraft with an

airworthiness certificate. They will not, therefore, apply to our, IO Creations’, sUAS. We will,

however, inspect our sUASs before, after, and at specified flight intervals per the Pre­flight,

During Flight, Post Flight, and Maintenance Checklists in Exhibit 2 as a safety precaution.

The FAA has previously issued exemptions to the following regulations in Exemption Nos.

11225, 11839, 13079, 13095, and 14080. In summary, IO Creations, seeks an exemption from

the following Regulations:14 CFR 21 (h); 14 CFR 61.23 (a) and (c); 14 CFR 61.113 (a) and (b);

14 CFR 61.315(a); 14 CFR 91.7 (a); 14 CFR 91.119; 14 CFR 91.121; 14 CFR 91.151(a)(1); 14

CFR 91.405 (a); 14 CFR 91.407 (a)(1); 14 CFR 91.409 (a)(1) and (2); 14 CFR 91.409 (a)(1) and

(2); and, 14 CFR 91.417 (a) and (b) to commercially operate our, IO Creations’, sUASs in aerial

photography, construction site documentation, industrial inspections, structural analyses and

land surveying in the greater Los Angeles area and beyond.
Exhibit 1 ­ Operations Manual for the DJI

Phantom 3 ­ See Link for Additional

Attachment:

https://dl.djicdn.com/downloads/phanto

m_3/en/Phantom_3_Professional_User_

Manual__V1.6.pdf
Exhibit 2 ­ Pre­flight, During Flight, Post

Flight, and Maintenance Checklists
A pre­flight checklist for any sUAS flown by IO Creations will include the following from the point

that the company arrives to a takeoff location:

1. Arrival Checklist

a. If day and operating vehicle (UAS) out of back of vehicle, point vehicle into sun.

b. Remove case and place UAS on level surface.

c. Check risk factors such as wind velocity, cloud cover, Kp index, electrical wires,

trees and other environmental hazards that could interfere with UAS operation.

d. Check distance to nearest airport and/or controlled airspace using smartphone or

tablet app such as Hover App.

e. If required, use VHF aviation transceiver, to contact tower of field if closer than 5

NM.

f. Inform tower / CTAF of UAS ops, location, aircraft registration number and max

height of flight per Operational Procedures in Exhibit 3.

g. Inspect area for best and safest point of takeoff and landing

h. If in a subdivision or area that is within 150 feet of a residential street, post

warning sign(s)/stand(s) "Attention Aerial Photography In Progress Remain Back

150 Feet "

2. Preflight Checklist

a. Remove transmitter from case.

b. Turn transmitter on.

c. Connect phone or tablet to transmitter with USB cable.

d. Load DJI Application.

e. Video feed ­ ON.

f. Remove UAS from case.

g. Gimbal Lock and Lens Cap ­ Removed.

h. Micro­SD card ­ Inserted.

i. UAS battery ­ Inserted.

j. Place UAS in clear and safe launch and recovery position if it returns to home.

k. UAS Battery ­ ON.

l. Transmitter connection to Monitor ­ Verified.

m. Camera ­ Full Up.

n. Satellite Connections ­ Verified.

o. Charge Levels ­ Safe for planned flight.

p. Video Recording ­ Start.

q. Takeoff.

3. After takeoff checklist.

a. Hover approximately ten feet above the ground to confirm that UAS is under

control.

b. All sticks operate correctly while in hover ­ Verified.

4. In­flight checklist

a. Monitor appropriate aviation radio frequencies

b. Listen and scan for air and ground traffic
c. Monitor weather conditions

d. Monitor battery levels return for landing when approaching 25% reserves

e. Monitor altitude

f. Monitor airspeed

5. Pre­landing checklist

a. Camera ­ Full Up.

b. Video recorder ­ Stop.

c. Landing zone ­ Clear / Safe.

6. Post­Landing Checklist ­ Returning to Flight Immediately

a. Battery ­ Remove & Replace.

b. Video connection to UAS ­ Verified.

c. DJI Application ­ Connect to Camera.

d. Takeoff.

7. End of Ops Checklist

a. Battery ­ Off.

b. Transmitter ­ Off.

c. Notify Tower/CTAF ­ End of Ops.

d. Remove warning signs.

e. Log flight in Hover App or similar.

f. Contact FSDO to remove NOTAM.

IO Creations will check for maintenance due to wear and may need to be perform minor

adjustments routinely at different flight intervals. A complete list of the maintenance schedule is

as follows:

1. Before and After Every Flight

a. Check condition of props ­ no divots, burrs, nicks, or holes.

b. Check motors freely spun by hand (don’t bind or grind when turned).

c. Check condition of battery connectors and data pins ­ no excessive oxidation,

debris, or physical damage.

d. When powered up and idling ­ no unusual noise or vibration from motors.

2. Every Week or 5 Hours of Flight Time, Whichever Sooner

a. Visual inspection of shell and other plastic components for cracking/damage

(landing skids, camera mounting plates, etc.).

b. Check tightness of motor retaining screws and shell retaining screws.

c. Use DJI app to check Transmitter calibration, Inertial Mass Unit (IMU) calibration,

and voltage level of individual battery cells in each battery.

d. Check batteries for number of cycles and current capacity per DJI

recommendations.

3. Once Per Month or After 15 Hours of Flight Time
a. Remove upper shell and check state of wiring ­ plugs fully seated, condition of

solder joints, condition of visible circuit boards and wiring runs, internals generally

clean and no debris/ loose items

b. Check for firmware updates on DJI website for UAS and / or transmitter

If any significant repairs are needed beyond what can be fixed with routine maintenance, IO

Creations will contact a DJI repair center or dealer to restore the condition of the drone. A drone

will only be flown once a confirmation of flight readiness from the DJI repair center or dealer has

been stated or received.
Exhibit 3 ­ Operational Procedures
2 Days Prior to Flight

● Visually inspect flight area for potential hazards that would preclude scheduling a shoot.

● Check weather to determine viability of flight.

● VFR predicted at least 4 hours before and after proposed flight time

● Winds 20 mph or less

● Check for any TFR’s, NOTAMS or other restrictions that would preclude flight

● File NOTAM with local FSDO, including

○ Description of the flight

○ Mean sea level (MSL) altitude of the flight

○ Time(s) of the operation in zulu

○ Location in reference to the nearest airport or navigational aid

● Notify neighbors of adjacent properties.

Day of Flight

● Check weather forecasts for wind advisory or other conditions that may impact flight.

● Consult Sky Vector aeronautical Charts (Skyvector.com) for airport vicinity and flight

paths of possible air traffic.

● Consult Hover App for Kp index, wind speed, and other conditions.

● Verify NOTAM filed is active

● Check TFR’s and NOTAMs

● Contact respective airport to confirm they are aware of the operation and advise on other

pertinent information.

● Inspect flight area for:

○ Vicinity of public safety helipads/heliports

○ Vicinity of medical helipads/heliports

○ Vicinity of light poles or utility wires

○ Vicinity of trees or flocks of birds that may cause interference and potential flight

impact

○ Vicinity of any elevated obstructions that may pose potential flight hazard

○ Vicinity of roadways with moderate to heavy traffic that may distract drivers

○ Gatherings that may attract viewers or optional point of control for best visual site

of UAS while in flight

● Emergency landing area(s) in case of partial loss of control

● Establish visual observer in PIC’s line of sight