Innovalearn, LLC

1791 OG Skinner Drive, Suite C

West Point, GA 31833

Direct Phone: 205-223-3001

Email: roland@siglobal.com

June 16, 2015

U. S. Department of Transportation Docket

Management System

1200 New Jersey Ave., SE

Washington, DC 20590

Re: InnovaLearn LLC’s Request for Exemption from Certain Regulations per Section 333 of

the FAA Reform Act and Part 11 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

C.F.R. Part 11, InnovaLearn, LLC (“InnovaLearn”) hereby applies for an exemption from the listed

Federal Aviation Regulations (“FARs”) to allow business use (commercial operation) of its sUASs,

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.

I. INTRODUCTION

InnovaLearn seeks to operate sUASs for aerial data collection. In support of its application,

InnovaLearn submits confidentially a Flight Operations Manual and flight manuals for the DJI

Phantom 3, DJI Phantom 2, DJI Inspire 1, DJI S1000+, and Aeryon SkyRanger. To the extent

anything in this letter conflicts with the Flight Operations Manual or flight manuals, those documents 

control.

Specific Regulations for which an exemption is sought:

14 CFR 61.113 (a) 14 CFR 91.405 (a)

14 CFR 91.7(a) 14 CFR 407 (a) (1)

14 CFR 91.119(b) & (c) 14 CFR 409 (a) (1) & (2)

14 CFR 91.121 14 CFR 417 (a) & (b)

14 CFR 91.151 (a)
II. INNOVALEARN’S OPERATIONS DO NOT POSE SIGNIFICANT HAZARDS

The sUAS's utilized by InnovaLearn are electric multi-rotor craft, weighing less than 55 lbs.

including payload. They operate at a speed of no more than 80 mph (29 knots) and have the

capability to hover, and/or move in a vertical and horizontal plane simultaneously. They will only be

operated as visual line of sight (VLOS), remain under 400 ft. above ground level, or no more than 50

ft, above the structure being inspected, if that structure exceeds 400 ft. The sUASs will operate only

with permission of involved property owners and/or local government officials.

During the proposed data collection operations, the site will be secured, and non-participants will be

kept at least 500 feet away from the operation, unless barriers or structures are present that

sufficiently protect non-participants from debris in the event of an accident.

InnovaLearn has drafted, and submits confidentially, a Flight Operations Manual which discusses

safety considerations, training and general operating procedures for the proposed operations. 

InnovaLearn has also drafted, and submits confidentially, sUAS Aircraft Flight Manuals which set 

forth the specifications, inspection and setup of the sUASs intended for use in the proposed

operations.

III. INNOVALEARN’ PROPOSED OPERATIONS ARE IN THE PUBLIC

INTEREST

The FAA recently issued a Grant of Exemption to FalconSkyCam for operations that are substantially

similar to those proposed herein. Docket No. FAA-2014-0884 (used March 6, 2015). In issuing the

Grant, the FAA noted that “[t]he enhanced safety and reduced environmental impact achieved using a

UAS with the specifications described by the petitioner and carrying no passengers or crew, rather

than a manned aircraft of significantly greater proportions, carrying crew in addition to flammable

fuel, gives the FAA good cause to find that the UAS operation enabled by this exemption is in the

public interest.”

Accordingly, InnovaLearn respectfully requests that the FAA grant the requested exemption without 

delay.
IV. EQUIVALENT LEVEL OF SAFETY

InnovaLearn proposes that the exemption requested herein apply to civil aircraft that have the

characteristics and operate with the limitations listed herein. These limitations, as listed below, provide

for at least an equivalent or even higher level of safety to operations under the current regulatory 

structure.

These limitations and conditions to which InnovaLearn agrees to be bound when conducting

commercial operations under an FAA issued exemption include:

The sUASs utilized by InnovaLearn will weigh less than 55 lbs.

Flights will be operated during daylight hours, in visual meteorological conditions, and within

visual line of sight (VLOS) of the pilot of the sUAS.

All operations will utilize a visual observer in addition to the operator.

Maximum total flight time for each operational flight will be approximately 30 minutes, or when

the sUAS reaches 25% battery power..

As noted, non-participants will be kept at least 500 feet away from the operation, unless barriers

or structures are present that sufficiently protect non-participants from debris in the event of an accident.

V. EXEMPTIONS REQUESTED

14 C.F.R. § 61.113(a) and (b): Private vs. Commercial Pilot Certificates

Sections 61.113(a) and (b) prohibit non-commercially rated pilots from operating an aircraft for

compensation or hire. InnovaLearn proposes that its pilots will have at least a sport or recreational

pilot’s certificate, and a medical certificate. Its operations will be limited to controlled areas as

reflected in InnovaLearn’ Flight Operations Manual. For the reasons set forth in the FAA’s grant of an 

exemption to Astraeus Aerial, InnovaLearn does not believe a commercial pilot certificate is necessary 

for the operations it intends to conduct. See, e.g., In the matter of the petition of Astraeus Aerial, 

Exemption No. 11062 (issued Sept. 25, 2014). For those reasons, InnovaLearn requests an exemption

from 14 C.F.R. § 61.113(a) and (b).
14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness

Section 91.7 prohibits operation of an unairworthy aircraft, and places responsibility for airworthiness

determinations on the pilot in command. The sUASs will not have an airworthiness certificate, and

there is no FAA regulatory standard for determining airworthiness of the sUASs. Additionally,

InnovaLearn’ operating documents set forth inspection and maintenance procedures to ensure

airworthiness. For these reasons, and in accordance with the FAA’s grant of an exemption from 91.7

to Total Safety U.S., Inc., InnovaLearn requests an exemption from 14 CFR. § 91.7(a). See, e.g., In 

the matter of the petition of Total Safety U.S., Inc., Exemption No. 11156 (issued Jan. 29, 2015).

14 C.F.R. §91.119(b) and (c): Minimum Safe Altitudes

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119(b) prohibits

aircraft in congested areas from flying less than 1,000 feet above the highest obstacle within a horizontal

radius of 2,000 feet of the aircraft. To the extent that the structures that InnovaLearn would be inspecting

are considered to be in “congested areas,”1 InnovaLearn’ operational procedures, and the size, weight

and speed of the sUAS, provide an equivalent level of safety such that operations at lower altitudes

should be allowed.

As described in its Flight Operations Manual, InnovaLearn will establish a 500’ buffer/sterile area for

its operations that will exclude personnel not associated with the operations. InnovaLearn will also

exercise additional control over the sterile area as needed, as set forth in the Manual. Consequently,

InnovaLearn believes these procedures will reduce or eliminate any potential adverse impacts to safety

for operations in congested areas. InnovaLearn therefore requests an exemption from 14 CFR

§ 91.119(b).

Section 91.119 (c) prohibits operations in other than congested areas below 500 feet above the surface,

or closer than 500 feet to any person, vessel, vehicle or structure. As this exemption is for sUASs that

fly similarly to a helicopter and the exemption requests authority to operate at altitudes up to 400 ft AGL

(or no more than 50 ft above the structure being inspected, if taller than 400 ft) , an exemption may be

needed to allow such operations.

The equivalent level of safety will be achieved given the size, weight, speed of the UAS as well as the

location where it is operated. As discussed above, InnovaLearn’ Flight Operations Manual provides

for establishment of a sterile area, included safety buffers of 500 feet for personnel not associated 

with the operation. A 100 foot safety buffer will be in place for authorized personnel associated with

the operation, unless the PIC determines a reduced buffer is essential to the current

1 The FAA Office of the Chief Counsel has indicated that whether an area is “congested” is determined on a case-by-case

basis. See, e.g., June 18, 2012, Memorandum from Rebecca B. MacPherson, Assistant Chief Counsel for Regulations, to

James E. Gardner, Manager, Flight Standards Division, re “To what extent an operator can make a congested area

uncongested.”
operation. InnovaLearn therefore requests an exemption from Section 91.119(c) for all authorized

personnel associated with the operation.

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 sUASs may not have a barometric altimeter, but instead a GPS

altitude read out, an exemption may be needed.

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.”

Maximum total flight time for each operational flight will be approximately 30 minutes. Flights will be

safely landed when the battery falls below its nominal voltage, should that occur prior to completion of

the operation. The sUASs InnovaLearn proposes to use all have a Low Voltage Warning which alerts 

when the battery reaches pre-determined levels. This battery level would be more than adequate to 

return the sUAS to its planned landing zone from anywhere in its limited operating area when the Low 

Voltage Warning alerts.

For these reasons, InnovaLearn requests an exemption from 14 C.F.R. § 91.151(a). Similar

exemptions have been granted to other operations, including Exemptions 2689F, 5745, 10673, and

10808.

14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (1) & (2); 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.

As provided in InnovaLearn’ Operations Manual, the operator will ensure that the UAS is in working

order prior to initiating flight, perform required maintenance and inspections, and keep a log of any 

maintenance performed.

VI. REGULATIONS FOR WHICH EXEMPTIONS ARE UNNECESSARY
The Federal Aviation Administration just issued a number of exemptions for UAS operations in filming

of movies. In those exemptions, the agency noted that exemptions from certain regulations were not

necessary, due to “the size, weight, speed and limited operating area associated with [the UASs] and its

operation.”

Based upon the FAA’s guidance, and the fact that InnovaLearn sUASs are similar in size or smaller

than those proposed by the film-making industry, InnovaLearn believes exemptions from the following

regulations are not necessary:

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates

14 C.F.R. § 45.23 (b). Marking of the Aircraft

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

14 C.F.R. §91.109: Flight instruction.

InnovaLearn also believes that an exemption from 14 C.F.R. § 91.103: Preflight Action, is not

necessary. This regulation requires each pilot in command to take certain actions before flight to

insure the safety of flight. An FAA approved rotorcraft flight manual will not be provided for the

aircraft. An equivalent level of safety will be provided as set forth in the operating documents

submitted as part of this request.

The FAA has previously found that adherence to procedures contained in an applicant’s operating

documents demonstrate compliance with § 91.103, and therefore an exemption from the regulation

was not necessary. See, e.g., In the matter of the petition of Total Safety U.S., Inc., Exemption No.

11156 (issued Jan. 29, 2015).

As detailed in its operating documents, InnovaLearn’ PIC will take all actions including reviewing

weather, flight battery requirements, landing and takeoff clearance distances and aircraft

performance data before initiation of flight to ensure the safety of the flight. Consequently, in light

of the agency’s prior finding in Total Safety U.S., Inc., InnovaLearn does not believe an exemption 

from 14 C.F.R. § 91.103 is necessary.

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:

InnovaLearn LLC seeks an exemption from the following rules:

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

(a); 91.407 (a) (1); 91.409 (a) (1) & (2) and 91.417 (a) & (b) to conduct aerial data collection.

Approval of exemptions allowing commercial operations of sUASs for these operations will

enhance safety by reducing risk. Conventional means for performing data collection on

elevated structures and other property require ladders, ropes, aerial lifts, or using conventional
helicopters operating at extremely low altitudes over the subject structure being photographed.

These conventional means all pose risks to persons and property.

In contrast, an sUAS weighing less 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

sUAS is carried to the project site and not flown. The sUAS will carry no passengers or crew

and, therefore, will not expose them to the risks associated with manned aircraft flights,

ground-based aerial lift (bucket truck) operations, or manual climbing and inspection

operations.

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

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

exemptions requested herein, including exempting InnovaLearn from the requirements of Part

21 and allowing commercial operations. These lightweight aircraft operate at slow speeds, and

close to the ground, and, as a result, are far safer than conventional alternatives.

Privacy

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

prior consent and knowledge.

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 InnovaLearn’ sUASs to conduct aerial data collection.

Very truly yours,

Roland H. Beason

Counsel for InnovaLearn

 Roland H Beason