Remote Aerial Camera Systems Remote Aerial Camera Systems www.vortexaerial.com www.vortexaerial.com (714) 916- 3614

Vortex Aerial LLC vortex.aerial@live.com 

1/19/2016

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave S.E.

Washington, D.C. 20590

Petitioner: Vortex Aerial LLC 1930 Oakridge Drive Corona Ca 92882 vortex.aerial@live.com

Re: Request for Exemption under Section 333 of the FAA Modernization and Reform Act and Part 11 of the 

Federal Aviation Regulations from 14 C.P.R. 61.23(a) and (c); 61.101(e)(4) and (5); 61.113(a); 61.315(a); 

91.119(c); 91.121; 91.151(a)(1); 91.405(a); 91.407(a)(l); 91.409(a)(1) and (2); 91.417(a) & (b).

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14 C.P.R. Part 11, the 

petitioner, Vortex Aerial LLC, a California Limited Liability Company, files this petition for exemption. Vortex 

Aerial LLC is an operator of Small Unmanned Aircraft Systems used for closed-set filming for the motion 

picture and television industries as well as mapping and inspection activities. Specifically, petitioner seeks an 

exemption from the Federal Aviation Regulations listed above (and in section I of this petition), to allow 

commercial operation of its sUAS, so long as such operations are conducted within and under the conditions 

outlined herein and/or as may be established by the FAA in a grant of exemption.

Exemption for petitioner will allow commercial operation of the VA02-v2 coaxial quad multirotor, VA03-v1

hexacopter multirotor, and VA04-v1 quadcopter , for scripted closed set filming for the motion picture and 

television industries as well as mapping and inspection activities in Class G airspace nationwide, or as otherwise 

prescribed in an Air Traffic Organization issued COA. The sUAS operations listed in this petition are in the 

public interest because they provide an equivalent or greater level of safety than alternative manned aircraft 

operations that carry a pilot and passenger(s) as well as highly flammable liquid fuels. The sUAS covered by 

this petition are small battery-powered aircraft, weighing no more than 55lbs including battery and payload. 

They carry no flammable or explosive liquid fuels or any pilot or passengers, fly below 440 feet AGL, and at 

speeds below 100MPH. Operation of the sUAS under the strict conditions proposed in this petition will provide 

an equivalent or greater level of safety to the public as Congress intended while still allowing effective 

commercial operations thus enhancing commerce. 

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Congress directed the FAA to consider seven factors in deciding whether to approve Section 333 exemption 

petitions - size, weight, speed, operational capability, proximity to airports, proximity to populated areas, and 

operation within visual line of sight. In this case, each factor supports the petitioners request. In particular, the 

sUAS is small, and will operate at slow speeds and close to the ground. It will be able to more safely and 

efficiently film, map, and inspect over controlled areas. The substantial increase of safety and decrease of risk to 

human life and to property weighs heavily in favor of granting exemption.

Pursuant to 14 C.F .R. §11.3 5, petitioner requests confidential treatment for certain information provided with 

this request for exemption. Specifically, petitioner is submitting its proprietary sUAS Motion Picture and 

Television Operations Manual; Pilot Qualifications Manual; VA02-v2 Specifications, Flight Operations and 

Procedures Manual; VA03-v1 Specifications, Flight Operations and Procedures Manual; and VA04-v1

Specifications, Flight Operations and Procedures Manual under separate cover as Exhibits 1-5. Petitioner

requests that the information contained in these exhibits not be made available to the public because they 

contain proprietary information and trade secrets whose disclosure would cause great harm to the petitioner. 

They contain valuable commercial data that is not publically available and are protected from release under the 

Freedom of Information Act, 5 U.S.C. §552(b)(4).

Vortex Aerial LLC requests that the publication and comment procedures be waived in accordance with 14 

C.P.R. § 11.87, as the FAA has issued grants of exemption in circumstances similar in all material respects to 

those presented in this petition, and delaying the granting of this petition would adversely affect the public, the 

FAA, and Vortex Aerial LLC. The public, as well as the FAA, would be better served by the FAA quickly 

granting exemption and thereby freeing up limited FAA resources and allowing FAA inspectors to dedicate their 

time and attention to other priorities. 

For ease of review, please refer to the table of contents below which begins on page 3. If we can provide any 

additional information to assist the review of this document, please do not hesitate to contact us at 714.916.3614

or via email at vortex.aerial@live.com

Very Respectfully,

Chris Schuster

Chris Schuster

Owner/PIC

Vortex Aerial LLC

714.916.3614 2

 
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 Table of Contents

I. Publishable Summary.......................................................................................................................5

II. Petitioner's Contact Information ..................................................................................................... 5

III. Regulations from which the exemption is requested..................................................................... 6

IV. Proposed Operations...................................................................................................................... 6

A. The sUAS ................................................................................................................................ 6 

B. The Crew ................................................................................................................................. 6 

C. Flight Conditions ..................................................................................................................... 6

D. Flight Operations .................................................................................................................... 7

V. Aircraft and Equivalent Level of Safety ....................................................................7

VI. Proposed Conditions of the Exemption.......................................................................................... 7

VII. Privacy........................................................................................................11

VIII. Public Interest and Safety .................................................................................11

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 Exhibit List

Exhibit 1: Vortex Aerial LLC sUAS Motion Picture and Television Operations Manual

Exhibit 2: Vortex Aerial LLC Pilot Qualifications Manual 

Exhibit 3: VA02-v2 Specifications, Flight Operations and Procedures Manual 

Exhibit 4: VA03-v1 Specifications, Flight Operations and Procedures Manual

Exhibit 5: VA04-v1 Specifications, Flight Operations and Procedures Manual

Exhibits 1-5 have been submitted confidentially, under separate cover, and are not available to the public.

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I. Publishable Summary

 Pursuant to 14 C.F.R. § 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 CPR§§ 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a), 61.315(a), 91.7(a), 91.119(c), 91.121, 91.151(a)(1), 

91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b) to operate commercially small unmanned 

aerial systems (55lbs or less) in motion picture and television, mapping, and inspection operations.

Approval for petitioner will allow commercial operation of the VA02-v2, VA03-v1 and VA04-v1 sUAS, all 

propriety in design, for scripted closed-set filming for the motion picture and television, mapping, and 

inspection industries, or as otherwise prescribed in an ATO issued COA. The requested exemption should be 

granted because operation of small sUAS, weighing no more than 55Lbs, inclusive of battery and maximum 

payload, conducted in the strict conditions outlined below, will provide an equivalent or greater level of safety, 

while still allowing commercial operations thus enhancing commerce. The lightweight aircraft covered by the 

exemption are far safer than conventional operations conducted with helicopters and fixed-wing aircraft 

weighing thousands of pounds and carrying highly flammable fuel, and operating in close proximity to the 

ground, power lines, transmission towers, pipelines, and people. 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. In particular, the sUAS aircraft are small, light wieght, and will operate at slow speeds, and close to the 

ground in order to more safely and efficiently film and conduct mapping and inspections that would otherwise 

involve undue risk to the pilot and passengers of manned aircraft as well as people and property on the ground. 

The substantial increase of safety and decrease of risk to human life, weigh heavily in favor of granting the 

exemption.

II. Petitioner's Contact Information

Chris Schuster

Vortex Aerial LLC

1930 Oakridge Drive

Corona Ca 92882

714.916.3614

vortex.aerial@live.com 5
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III. Regulations From Which The Exemption Is Requested

14 CFR §§ 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a), 61.315(a), 91.7(a), 91.119(c), 91.121, 91.151(a)(l), 

91.405(a), 91.407(a)(l), 91.409(a)(l) and (2), and 91.417(a) and (b).

IV. Proposed Operations

A. The sUAS

The requested exemption will permit petitioner to operate the VA02-v2, VA03-v1 and VA04-v1 sUAS, all 

propriety in design and purpose-built for safe, reliable operation with a maximum weight of 55Lbs inclusive of 

batteries and maximum payload. These rotorcraft have the capability to hover and move in the vertical and 

horizontal planes simultaneously.

Please refer to Exhibits 3-5 for further technical information regarding the sUAS. Details regarding the design 

and assembly of the sUAS are being submitted confidentially, due to the proprietary nature of the sUAS. The 

petition and the supporting documentation in the Exhibits may hereinafter be referred to as the "operating 

documents."

The specific conditions of the proposed exemption that relate to the characteristics of the sUAS are numbers 1, 

5, and 16-20 in Section V below. Each has been adopted or imposed by the FAA in numerous previous grants of 

Section 333 exemption petitions.

B. The Crew

The crew will consist of, at a minimum, a pilot in command (PIC), and a visual observer (VO).

Specific PIC and VO qualifications and training are outlined in Exhibits 1 and 2, Vortex Aerial, LLC sUAS 

Motion Picture and Television Operations Manual and Vortex Aerial, LLC Pilot Qualifications Manual, 

provided confidentially under separate cover.

The specific conditions of the proposed exemption that relate to the training and characteristics of the crew are

numbers 3 and 6-9 in Section V below. Each has been adopted or imposed by the FAA in numerous previous 

grants of Section 333 exemption petitions.

C. Flight Conditions

The sUAS will be used for scripted closed-set filming for the motion picture and television, mapping and 

inspection industries. It will be flown in Class G airspace nationwide under 400 feet above ground level and 

under controlled conditions over property that is restricted as stated below under D. Flight Operations. 

Petitioner will work with the local FSDO when planning operations. Petitioner will only operate its sUAS in 

visual meteorological conditions. The sUAS will at all times be no less than 500 feet below and no less than 

2,000 feet horizontally from a cloud, and petitioner will not conduct operations unless visibility is at least 3 

statute miles from the PIC.

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The flight crew will always make a safety assessment of the risk of every operation, and will only operate when 

it is determined that no hazards are present.

The specific conditions of the proposed exemption that relate to the flight conditions in which the sUAS will be 

operated are numbers 2, 4, 16, and 28-29 in Section V below. Each has been adopted or imposed by the FAA in 

numerous previous grants of Section 333 exemption petitions.

D. Flight Operations

The purpose of every sUAS flight will be to conduct safe, accurate, and efficient closed- set filming for the 

motion picture and television, mapping and inspection industries.

Exhibits 1-5, Vortex Aerial LLC sUAS Motion Picture and Television Operations Manual; Vortex Aerial LLC 

Pilot Qualifications Manual; VA02-v2 Specifications, Flight Operations and Procedures Manual; VA03-v1

Specifications, Flight Operations and Procedures Manual; and VA04-v1 Specifications, Flight Operations and 

Procedures Manual provided confidentially under separate cover, include detailed policies and procedures for 

the safe operation and maintenance of the sUAS included in this petition.

The specific conditions of the proposed exemption that relate to flight operations are numbers 11-12, 17-25, and 

32-35 in Section V below. Each has been accepted or imposed by the FAA in numerous previous grants of 

Section 333 exemption petitions.

IV. Aircraft and Equivalent Level of Safety

Petitioner proposes that the exemption apply to sUAS that have the characteristics and that operate with the 

limitations proposed herein. These limitations provide for a level of safety at least equivalent to or higher than 

manned aircraft operations under the current regulatory structure. Section V below, together with operating 

documents, identifies the limitations and conditions to which petitioner agrees to be bound when conducting 

commercial operations under a grant of this petition.

Approval of the commercial operations outlined in this petition presents no national security issue. The PIC is 

willing to undergo a background check, including the proposed Transportation Security Administration Vetting 

process, to ensure that no national security threat is present. Operation and Certification of Small Unmanned 

Aircraft, 80 Fed. Reg. 9543 at 9572 (proposed Feb. 23, 2015 (to be codified at 14 C.F.R. Parts 21, 43, 45, et 

al.)).

V. Proposed Conditions of the Exemption

1. The sUAS will weigh 55Lbs or less, inclusive of battery and payload.

2. sUAS operations under this exemption will be limited to conducting operations for the purpose of closed-set 

filming for the motion picture and television, mapping, and inspection industries in Class G airspace nationwide.

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3. Flights will be operated within line of sight of pilot in command (PIC), and a visual observer (VO).

4. Flights will be operated at an altitude of no more than 400 feet AGL, as indicated by the procedures specified 

in the operating documents. All altitudes reported to ATC must be in feet AGL.

5. The sUAS will not be flown at an indicated airspeed exceeding 87 knots (100 mph), and in no case will the 

sUAS be operated at airspeeds greater than the maximum sUAS operating airspeed recommended by the aircraft 

manufacturer.

6. Minimum flight crew for each operation will consist of the sUAS pilot in command (PIC), a visual observer 

(VO).

7. PIC must hold either an airline transport, commercial, private, recreational, or sport pilot certificate. The PIC 

must also hold a current FAA airman medical certificate or a valid U.S. driver's license issued by a state, the 

District of Columbia, Puerto Rico, a territory, a possession, or the Federal Government. The PIC must also meet 

the flight review requirements specified in 14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her 

pilot certificate.

8. The petitioner will not permit any PIC to operate unless the PIC meets its qualification criteria as outlined in 

its Pilot Qualification Manual and demonstrates the ability to safely operate the sUAS in a manner consistent 

with how the sUAS will be operated under this exemption, including evasive and emergency maneuvers and 

maintaining appropriate distances from persons, vessels, vehicles and structures. PIC qualification flight hours 

and currency will be logged in a manner consistent with 14 CFR § 61.51(b). A record of the PIC training will be 

documented and made available upon request by the Administrator. Training operations will only be conducted 

during dedicated training sessions. During training, proficiency, and experience-building flights, all persons not 

essential for flight operations will be considered nonparticipants, and the PIC will operate the sUAS with 

appropriate distance from nonparticipants in accordance with 14 CFR § 91.119.

9. The VO will not perform any other duties beyond assisting the PIC with seeing and avoiding other air traffic 

and other ground based obstacles/obstructions, and will not be permitted to operate other non essential 

equipment or instruments.

10. The PIC will be designated before the flight and will not be allowed to transfer his or her designation for the 

duration of the flight. The PIC will ensure that the VO can perform the functions prescribed in these conditions 

and the operating documents.

11. A briefing will be conducted in regard to the planned sUAS operations prior to each day's activities. It will 

be mandatory that all personnel who will be performing duties in connection with the operations be present for 

this briefing.

12. Prior to each flight, the PIC will inspect the sUAS, including the Ground Control Station, to ensure it is in a 

condition for safe flight. If the inspection reveals a condition that affects

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the safe operation of the sUAS, the PIC will not operate the sUAS until the necessary maintenance has been 

performed and the sUAS is found to be in a condition for safe flight. All maintenance and alterations will be 

properly documented in the aircraft records.

13. Petitioner will conduct a functional flight test on any sUAS that has undergone maintenance or alterations 

that affect the sUAS operation or flight characteristics, e.g. replacement of a flight critical component. The PIC 

who conducts the functional test flight will make an entry in the aircraft records.

14. The petitioner will carry out its maintenance, inspections, and record keeping requirements, at the direction 

and under the supervision of the sUAS manufacturer. Maintenance, inspection, alterations, and status of 

replacement/overhaul component parts will be noted in the aircraft records, including total time in service, 

description of work accomplished, and the signature of the manufacturer, authorizing the return of the sUAS to 

service. The manufacturer will make an entry in the aircraft record of the corrective action taken against 

discrepancies discovered between inspections.

15. When conducting operations for the motion picture and television, mapping and inspection industries, 

petitioner will submit a written Plan of Activities, and any additional necessary paperwork, to the FSDO at least 

3 days before the proposed operations begin.

16. The sUAS will be operated within visual line of sight (VLOS) of the PIC and VO at all times. This requires 

the PIC to be able to use human vision unaided by any device other than corrective lenses. PIC and VO will at 

all times be able to communicate verbally. They will not be permitted to use electronic messaging or texting to 

communicate during flight operations.

17. The PIC will not begin a flight unless (considering wind and forecast weather conditions) there is enough 

power to fly at normal cruising speed to the intended landing point and land the sUAS with 20% battery power 

remaining.

18. Actual total flight time for each operational flight will result in no less than a 20% battery reserve.

19. The sUAS will have the capability to abort a flight in case of unexpected obstacles or emergencies.

20. The sUAS will be operated so that if it loses communication with the ground station or loses its GPS signal, 

it will return to a pre-determined location within the planned operating area and land or be recovered in 

accordance with the operating documents.

21. If the sUAS and its radio control link disconnect during flight, the system's failsafe protection will be 

triggered and the sUAS will return to home and land automatically, rather than flying off uncontrollably or 

landing at an unknown location.

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22. The operating documents required under 14 CFR §§ 91.9 and 91.203 will be maintained and available to the 

PIC at the Ground Control Station of the sUAS any time the sUAS is operating. These documents will be made 

available to the Administrator or any law enforcement official upon request. If a discrepancy exists between the 

conditions and limitations in the exemption grant and the procedures outlined in the operating documents, the 

grant conditions and limitations will take precedence and will be followed. Otherwise, the petitioner will follow 

the procedures outlined in its operating documents. If it updates or revises its operating documents, it will 

present updated and revised documents to the Administrator upon request. If the petitioner determines that any 

update or revision would affect the basis upon which the FAA granted the exemption, then the Petitioner will 

petition for an amendment to the grant of exemption.

23. Petitioner will obtain written and/or oral permission from the landowners/authorized agents of the 

landowners over which flights will be conducted.

24. Petitioner will obtain all required permissions and permits from territorial, state, county or city jurisdictions, 

including local law enforcement, fire, or other appropriate governmental agencies.

25. sUAS operations will not be conducted during night, as defined in 14 CFR § 1.1. All operations will be 

conducted under visual meteorological conditions (VMC). Flights will not be conducted under special visual 

flight rules (SVFR).

26. The petitioner will obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or Authorization 

(COA) prior to conducting any operations under the grant of exemption. Petitioner will request a Notice to 

Airman (NOTAM) not more than 72 hours in advance, but not less than 48 hours prior to the operation. All 

operations will be conducted in accordance with airspace requirements in the ATO issued COA, including class 

of airspace, altitude level and potential transponder requirements.

27. The sUAS will not be operated within 5 nautical miles of an airport reference point as denoted on a current 

FAA-published aeronautical chart unless supported by an ATO issued COA and will be made available to the 

Administrator upon request.

28. The sUAS will 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 PIC.

29. All operations shall be conducted in Class G airspace or as otherwise prescribed in an ATO issued COA.

30. All aircraft operated in accordance with this exemption will 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 will be as large as practicable.

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31. Before conducting operations, petitioner will ensure that the radio frequency spectrum used for operation 

and control of the sUAS complies with the Federal Communications Commission (FCC) or other appropriate 

government oversight agency requirements.

32. The sUAS will remain clear and yield the right of way to all manned aviation operations and activities at all 

times. 

33. The sUAS will not be operated by the PIC from any moving device or vehicle. 

34. The sUAS will not be operated over congested or densely populated areas. 

35. Petitioner will conduct all flight operations at least 500 feet from all nonparticipating persons, vessels, 

vehicles, and structures unless one of the following three conditions is met: 

 a. Barriers or structures are present that sufficiently protect nonparticipating persons from the sUAS and/or 

debris in the event of an accident. The petitioner will ensure that nonparticipating persons remain under such 

protection. If a situation arises where nonparticipating persons leave such protection and are within 500 feet of 

the sUAS, the PIC will ensure that flight operations cease immediately.

 b. The aircraft is operated near vessels, vehicles or structures where the owner/controller of such vessels, 

vehicles or structures has granted permission 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.

 c. Operations nearer to the PIC, VO, operator trainees or essential persons do not present an undue hazard to 

those persons per § 91.119(a).

36. Petitioner will report any incident, accident, or flight operation that transgresses the lateral or vertical 

boundaries of the operational area as defined by the applicable COA to the FAA's UAS Integration Office (AFS80) within 24 hours. Petitioner will report accidents to the National Transportation Safety Board (NTSB) per 

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

VI. Privacy

There is little concern that the proposed flights will cause invasions of privacy because all flights will occur (i) 

over public spaces, where there is no expectation of privacy, and around participating individuals or (ii) over 

private, restricted property where applicant has permission from the landowner/authorized agent to operate. 

When the sUAS is being flown, the onboard cameras will be focused on the filming, mapping, or inspection 

area, not on nonparticipating individuals who may be present during the operation.

VII. Public Interest and Safety

The planned sUAS use will increase ground safety in the television and movie, mapping and inspection 

industries. The enhanced safety and reduced environmental impact achieved using a sUAS

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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 sUAS operation enabled by this exemption is in the public interest.

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 exemption allowing 

commercial operation of petitioners sUAS for filming, mapping, and inspection industries pursuant to 

petitioner's rules of operation.

As the FAA has repeatedly recognized in granting other exemptions under Section 333, the use of sUAS to 

collect various data, (filming, mapping, inspection) significantly increases the level of safety for both pilot, 

crew, and personas and property on the ground. Currently this type of data collection typically uses manned 

aircraft, which can weigh 6,000 lbs. or more. Manned aircraft also, by definition, carry a pilot and other crew. 

They carry flammable fluids, and require large areas to take off, operate, and land.

By using the sUAS described in this petition, many of these dangerous conditions will be alleviated. The 

included sUAS weigh 55Lbs or less, including payload. The pilot and flight crew will be safely on the ground 

rather than several hundred feet in the air. The sUAS is powered by a battery, and requires a small area to 

operate in. The FAA has previously determined that using a sUAS such as these will provide a greater level of 

safety when filming for the motion picture and television industry. Exemption No. 11062

 

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