Infrared Services, LLC Page 1 of 10

October 23, 2015

Raymond J. Crews

Infrared Services, LLC

4732 Thornhill Ave

Shreveport, LA 71106

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

Submitted Electronically via the Federal Docket Management System (FDMS)

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

Regulations

Dear Reviewer,

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14 CFR Part 11, Infrared 

Services, LLC (IFRS) is seeking exemption from Federal Aviation Regulations (FARs) detailed within for 

the following Unmanned Aerial Systems (UASs): the DJI Phantom 2, the DJI Phantom 3, the DJI Inspire 1, 

the senseFly eBee, and the senseFly eXom.

REGARDING THE UNMANNED AIRCRAFT SYSTEMS

1. The user’s manual for each proposed UAS for which an exemption is sought is attached to this 

request. These manuals describe the specifications and limitations of each UAS and its

operation.

2. Methods to ensure a UAS is in a condition for safe flight are also described in the aforementioned user’s manuals.

3. Each UAS includes an FCC-approved 2.4GHz on-board radio transmitter/receiver. Additionally, 

an FCC-approved 5.8GHz on-board radio transmitter/receiver is included with each DJI system.
Infrared Services, LLC Page 2 of 10

REGARDING THE UNMANNED AIRCRAFT PILOT IN COMMAND (PIC)

4. For the senseFly eBee, the UAS PIC will have logged a minimum of 10 flight cycles and 3 hours of 

total time as a UAS pilot with that aircraft. For quadcopters, the UAS PIC will have accumulated 

30 cycles and have logged at least 10 hours as a UAS pilot with quadcopters. The UAS PIC will 

have logged a minimum of one hour of flight time with the specific make and model of the UAS 

to be utilized for operations under the exemption and three takeoffs and landings in the 

preceding 90 days in the same make and model. The UAS PIC will have successfully completed 

any qualification process specified in the applicable user’s manual.

5. For commercial operations the PIC will be required to possess at least a private pilot certificate, 

excepting training-only missions, which will require at least a sport pilot certificate. A valid 

driver’s license will serve as proof of medical qualification.

REGARDING THE OPERATION OF THE UNMANNED AIRCRAFT (UA)

6. For each of the applications mentioned in the section titled “SERVICES (FOR THE PUBLIC 

GOOD)”, lateral and vertical geo-fences will be identified to contain the UA within the minimum 

necessary geometry to accomplish the mission. Lost-communication capabilities identified in 

the applicable user’s manual will be enabled and utilized to include any automatic return-tohome function. Every mission will utilize risk management principles. Safety equipment 

including a transponder receiver and aviation band scanner/transceiver will be available and 

used when warranted.

7. Prescribed cloud clearances and visibility requirements will apply.

8. Routine operations over densely populated areas will not be conducted.

9. Before operating in the proximity of any airport, a letter of agreement will be secured from the 

airport management and the same will be in the possession of the PIC during flight. All 

conditions of the agreement will be satisfied.

10. Each operation will maintain Visual Line of Sight (VLOS). One or more Visual Observer (VO) will 

be utilized depending on the size of the area of interest, the maximum distance of the UA from 

the PIC, and any other variables the PIC deems relevant.

11. A preflight risk assessment will be performed in accordance with the applicable UAS user’s 

manual. As part of the risk assessment, the PIC will check the intended flight area and the effect 

of any Terminal Flight Restrictions (TFRs), Special Use Airspace (SUA), weather, and obstructions.

12. Operations that necessitate Flight Standards District Office (FSDO) pre-coordination are not 

anticipated, but will be conducted in accordance with the applicable Certificate of Waiver or 

Authorization (COA).

13. A COA will be requested for operations that fall outside of the parameters of the “blanket” COA.
Infrared Services, LLC Page 3 of 10

THE REGULATIONS FROM WHICH THE EXEMPTIONS ARE BEING 

REQUESTED:

14 CFR PART SUMMARY OF REGULATION EQUIVALENT LEVEL OF SAFETY 

Part 21 Airworthiness Certification

21, Subpart H Certification procedures for products 

and parts, Airworthiness certificates

Page 6

Part 45 Identification and Registration Marking

45.22 Identification and registration marking Page 6

Part 61 Certification: Pilots, Flight Instructors, and Ground Instructors

61.23 Medical certificates: Requirement and 

duration

Page 6

61.133 Commercial pilot privileges and 

limitations

Page 7

Part 91 General Operating and Flight Rules

91.105 Flight crewmembers at stations Page 7

91.109 Flight instruction Page 7

91.119 Minimum safe altitudes Page 7

91.121 Altimeter settings Page 8

91.151 Fuel requirements for flights in VFR 

conditions

Page 8

91.403 Maintenance, preventive maintenance, 

and alterations

Page 9

91.405 Maintenance required Page 9

91.407 Operation after maintenance Page 9

91.409 Inspections Page 9

91.411 Altimeter system and altitude reporting 

equipment tests and inspections

Page 9

91.417 Maintenance records Page 9
Infrared Services, LLC Page 4 of 10

FURTHER DETAILS:

THE UNMANNED AIRCRAFT (UA):

 DJI Phantom 2: under 3lb. gross weight, battery-operated quadcopter

 DJI Phantom 3: under 3lb. gross weight, battery-operated quadcopter

 DJI Inspire 1: under 7lb. gross weight, battery-operated quadcopter

 senseFly eXom: under 4lb. gross weight, battery-operated quadcopter

 senseFly eBee: under 2lb. gross weight, battery-operated, single-engine fixed-wing that is handlaunched and belly lands

EACH INCLUDES:

 An onboard flight computer with GPS navigation and location ability that receives signals for 

flight controls from a ground-based transmitter/controller;

 An onboard camera capable of capturing imagery in the form of full color, high definition 

still photos (with video capability included for each quadcopter)

 An onboard telemetry system that delivers flight data from the onboard flight computer to 

the onboard radio transmitter including altitude AGL, horizontal and vertical speed, compass 

direction of flight and direction back to its launch site

 An FCC-approved 2.4GHz onboard radio transmitter/receiver

THE senseFly eXom AND eBee ALSO INCLUDE:

 A fully autonomous mode that allows each to accomplish a mission without any intervention 

from the operator, although this mode can be overridden at any time

THE DJI QUADCOPTERS ALSO INCLUDE:

 An FCC-approved 5.8GHz on-board radio transmitter/receiver

THE GROUND STATION-BASED PART OF THE SYSTEM:

 A Pilot in Command (PIC) who is in operational control of a mission from beginning to end, 

and controls the UA while in the air

 A FCC-approved radio transmitter/controller operated by the PIC to control the UA while in 

flight and relay telemetry

 (For the quadcopters) Ground system which receives and displays video in real time from 

the UA

 A Visual Observer (VO) - A person who provides a second pair of eyes to visually track the 

UA while in flight
Infrared Services, LLC Page 5 of 10

SERVICES (FOR THE PUBLIC GOOD)

The requested exemption would support an application for a commercial COA to use each UA described 

above to support aerial mapping (photogrammetry), aerial photography, and video documentation for 

the public good. Typical uses would include, but are not limited to:

 Agricultural monitoring

 Mapping construction projects

 Mapping for land development and/or real estate purposes

 Mapping for environmental mitigation projects

 Mapping for transportation related projects

 Mapping for utilities

 Construction monitoring

 Real estate photography

 Inspection of infrastructure

The inherent ability of UA to capture imagery from a low altitude, including oblique photos and video 

from several angles, is far more effective than ground-based imagery for displaying the characteristics of 

large, complex properties or areas where change monitoring is needed. In the past, chartered fixedwing aircraft and helicopters have been used for this purpose, which has proven costly. The benefits of 

reduced cost and improved quality of presentation from the UA will be valuable to and benefit 

operators, buyers, and sellers of real property.

SAFETY (FOR THE PUBLIC GOOD)

UA are powered by batteries. They are smaller, lighter, and more maneuverable than larger aircraft 

running on combustible fuel. They operate at lower altitudes and without occupants – thereby reducing 

risk and enhancing public safety. With a small payload and maximum flight time of approximately 50

minutes, UA offer little risk to national security. In addition, the DJI UA have their own built-in flight 

restrictions in special areas such as airports. More information can be found in the UA user’s manual or

on DJI’s website at https://www.dji.com/fly-safe. The senseFly eBee and eXom include working area 

radius and ceiling limits to prevent incursions into adjacent airspace.

With the combination of the UA's light weight, flight performance and ability, fully qualified flight crew,

and strict operation under the guidelines presented, the FAA can have full confidence that the operation 

will have an equivalent or greater level of safety than manned aircraft performing the same mission.
Infrared Services, LLC Page 6 of 10

SUMMARY GRANT REQUEST

This request follows many others using similar systems and processes that have been granted 

previously. This request would not set a precedent and is compatible with a Summary Grant of 

Exemption. All included UA have previously received Summary Grants under one or both of the 

following exemption authorizations: 

1. Exemption No. 11481 – Mr. Lon Santis, 

2. Exemption No. 11363 (with Amendment) - David Ho, and 

3. Exemption No. 11263 (with Amendment) - Mr. Jean-Christophe Zufferey

These exemptions cite similarity with relief previously requested in Grant of Exemption Nos. 11062, 

11109, 11112, and 11213.

EXEMPTION REQUEST AND EQUIVALENT LEVEL OF SAFETY 

14 CFR Part 21, Subpart H: Airworthiness Certificates

14 CFR § 91.203

Section 91.203 requires all civil aircraft to have a certificate of airworthiness. Part 21, Subpart H,

establishes the procedural requirements for the issuance of airworthiness certificates as required by FAR 

§ 91.203(a). Given the size of the subject UAs, their very light weight and the limited operating area 

associated with their utilization, it is unnecessary to go through the certificate of airworthiness process 

under Part 21 Subpart H in order to achieve or exceed current safety levels.

Such an exemption meets the requirements of an equivalent level of safety under Part 11 and Section 

333 of the Reform Act. The Federal Aviation Act 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 and populated areas of the UAS 

involved. An analysis of these different criteria demonstrates that the UAs, under the conditions 

proposed in this application, will be at least as safe, or safer, than a conventional aircraft with an 

airworthiness certificate. 

14 CFR § 45.22(d): Identification and registration marking: Exhibition, 

antique, and other aircraft: Special rules

The size and performance limitations of the proposed UAs make it infeasible to mark them in a visually 

significant manner. It is proposed that the manufacturer’s serial number serve as sufficient 

identification, since that number is associated with the registration.

14 CFR § 61.23: Medical certificates: Requirement and duration

Regulations provide that a person:

(1) Must hold a first-class medical certificate:
Infrared Services, LLC Page 7 of 10

 When exercising the pilot-in-command privileges of an airline transport pilot certificate;

 When exercising the second-in-command privileges of an airline transport pilot certificate in a 

flag or supplemental operation in part 121 of this chapter that requires three or more pilots; or

 When serving as a required pilot flight crewmember in an operation conducted under part 121 

of this chapter if the pilot has reached his or her 60th birthday.

(2) Must hold at least a second class medical certificate when exercising:

 Second-in-command privileges of an airline transport pilot certificate in part 121 of this chapter 

(other than operations specified in paragraph (a)(1)(ii) of this section); or

 Privileges of a commercial pilot certificate

Given the size of the UAs, their structure, the limited flight area, and the safety features integrated in 

the autopilot, an Equivalent Level of Safety can be reached if the operator has a valid driver’s license.

14 CFR § 61.133: Commercial pilot privileges and limitations

A person who holds a commercial pilot certificate may act as pilot in command of an aircraft—

 For compensation or hire, provided the person is qualified in accordance with this part and with 

the applicable parts of this chapter that apply to the operation.

The limitations given the size, construction, and performance of the UAs proposed, provide a level of 

safety that should allow commercial operations with a private pilot certificate.

14 CFR § 91.105(a): Flight crewmembers at stations

Because the aircraft are unmanned, this requirement is not applicable.

14 CFR § 91.109(a): Flight Instruction

The regulation provides that "No person may operate a civil aircraft that is being used for flight 

instruction unless that aircraft has fully functioning dual controls."

Flight instruction will be accomplished through an elaborate training program which includes a

simulation mode of the flight management software. The equivalent level of safety during the in-flight 

training will be achieved by the manufacturer or affiliate providing the training as described in the 

training program and through the use of experienced and qualified instructors familiar with the UA.

14 CFR § 91.119: Minimum safe altitudes

The regulation provides that over sparsely populated areas the aircraft cannot be operated closer than 

500 feet to any person, vessel, vehicle, or structure. Since the UAs will be operating at a maximum of 

400 feet AGL, this requirement cannot be met. The equivalent level of safety will be achieved by virtue 

of the extremely small size of UA in comparison with manned aircraft, the smaller area required for 

maneuvers, and the limitations inherent in the UA such as available flight time. Procedurally, the PIC 

will define, before every flight, a working area radius and a flight area ceiling. The small size of UAs, 

materials included in their construction, specific safety procedures (including ground detection), and the 
Infrared Services, LLC Page 8 of 10

hazard to persons, vessels, vehicles, and structures is not comparable to manned aircraft and should be 

considered in granting the exemption. 

14 CFR § 91.121: Altimeter settings

This section requires that each person operating an aircraft shall maintain the cruising altitude or flight 

level of that aircraft, as the case may be, by reference to an altimeter that is set, when operating below 

18,000 feet MSL to:

The current reported altimeter setting of a station along the route and within 100 nautical miles of the 

aircraft;

 If there is no station within the area prescribed in paragraph (a)(1)(i) of this section, the current 

reported altimeter setting of an appropriate available station;

 In the case of an aircraft not equipped with a radio, the elevation of the departure airport or an 

appropriate altimeter setting available before departure.

To provide an equivalent level of safety, the UA’s autopilot calculates the reference altitude (ground 

level) with the on-board GPS during the pre-flight tests. This effectively negates the need for barometric 

data.

14 CFR § 91.151(a): Fuel requirements for flight in VFR conditions

The regulation provides that no person may begin a flight in an airplane under day-VFR conditions unless 

there is enough fuel to fly to the first point of intended landing and to fly after that for at least 30 

minutes. 

Since UA require very little time to setup and execute a landing and can make a safe landing in almost

any area, an equivalent level of safety is achieved with a limitation preventing the UA from accepting a 

take-off order when the battery level is below the manufacturer’s pre-programmed value. 

14 CFR § 91.203(a)&(b): Carrying civil aircraft certification and registration

This regulation stipulates that:

 No person may operate a civil aircraft unless it has an appropriate and current airworthiness 

certificate.

 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.

To obtain an equivalent level of safety and meet the intent of § 91.203, documents deemed appropriate 

for this aircraft by the FAA will be co-located with the PIC at the ground control station in the transport 

box and available for inspection upon request. 
Infrared Services, LLC Page 9 of 10

14 CFR Subpart E (§ 91.403 - 91.417): Maintenance, preventive maintenance, 

and alterations

The regulation provides that the operator is primarily responsible for maintaining the aircraft in an 

airworthy condition, including compliance with Parts 39 and 43. Paragraphs 91.407 and 91.409 require 

the aircraft to be "approved for return to service by a person authorized under 43.7" after maintenance 

and inspection. Section 91.409 requires an annual inspection for the issuance of an airworthiness 

certificate. Section 91.417 requires the owner or operator to keep records showing certain maintenance 

work that has been accomplished by certificated mechanics, under Part 43, or licensed pilots and 

records of approval of the aircraft for return to service.

Maintenance of the UAs will be accomplished by the owner or the operator according to the UA user’s 

manual. An equivalent level of safety will be achieved because the UAs are small in size, not complex 

mechanical devices, and do not carry any external payload. Moreover, the operator is the person most 

familiar with the aircraft and is best suited to maintain the aircraft in an airworthy condition and to 

ensure an equivalent level of safety. Finally, before every flight, the UAs automatically run a sequence 

of pre-flight tests to make sure that every sensor and every critical part is operating properly. If a 

problem is detected, the UAs will not be able to execute a takeoff and a message error will be displayed. 

The owner or the operator can then refer to the user’s manual to troubleshoot this issue. 

Closing

The requested exemptions are consistent with previously authorized summary grants of exemption and 

would allow the use of UAs in a wide variety of applications with an equivalent, or better, level of safety

than currently available. Many applications, in fact, are infeasible with manned aircraft either for cost 

reasons, safety reasons, or both. Granting this exemption would further the goal of safely integrating 

UAs into the NAS to the benefit of all.

Please contact me at any time if you require additional information or clarification. I look forward to 

working with your office.

Sincerely,

Raymond J. Crews

Phone: 318-572-3084

Email: Raymond@IFRServices.com

The following documents have been included and are to be considered part of the request:

 User’s Manuals:

1. DJI Phantom 2

2. DJI Phantom 3
Infrared Services, LLC Page 10 of 10

3. DJI Inspire 1

4. senseFly eBee

5. senseFly eXom

 Technical/Performance Specifications

6. DJI Phantom 2

7. DJI Phantom 3

8. DJI Inspire 1

9. senseFly eBee

10. senseFly eXOM