Patrick C Parr

Vertical Perspectives LLC

2809 High Pointe Blvd

McKinney, TX 75071

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington DC 20590

Re: Exemption Request Pursuant to Section 333 of the FAA Reform Act and Part

11 of the Federal Aviation Regulations from: 

14 CFR 21 subpart H; 

14 CFR 45.23(b); 

14 CFR 61.113(a); 

14 CFR 91.7(a); 

14 CFR 91.9(b)(2); 

14 CFR 91.103; 

14 CFR 91.109; 

14 CFR 91.119(c); 

14 CFR 91.121; 

14 CFR 91.151(a);

14 CFR 91.203 (a) and (b); 

14 CFR 91.405 (a); 

14 CFR 91.407 (a) (1);

14 CFR91.409 (a)(1) and (2); 

14 CFR 91.417(a) and (b)

To those concerned:

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

“Reform Act”) and 14 CFR Part 11, Vertical Perspectives LLC, operator of Small 

Unmanned aircraft Systems (“sUAS”), hereby applies for an exemption from the listed

Federal Aviation Regulations (“FARs”) to allow commercial operation of its

sUAS, 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.

Commercial operation of sUAS, as described herein, which are equipped with

cameras and sensors, would operate in the following manner:

1. Aerial photography and/or video for public and/or private use including real estate, 

architecture, land surveying, engineering and other related professional activities.

2. Aerial video and/or photography for public and/or private use including television, 

public events, cinematography and news gathering.

3. Aerial inspection/photography of residential/commercial structures under contract 

with the owners or local government authority.
4. Aerial video/photography or providing live video feed to assist with search and rescue 

operations in cases of an emergency or natural disaster only when the local authorities 

or government has requested it by contract or donation.

5. The ability to offer training to persons individually or belonging to both private and/or 

public organizations that have interests in the use and application of sUAS for the 

purpose of the safe operation of sUAS to enhance the safety of the National Airspace 

System (NAS) as well as for the protection of the persons and property.

As described fully below, the requested exemption would permit the operation of

sUAS under controlled conditions in the NAS that would be a) limited b) controlled c) 

predetermined and d) will provide safety enhancements to the already safe operations 

in the industry presently using conventional aircraft.

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.”

The name and address of the applicant is:

Vertical Perspectives LLC

2809 High Pointe Blvd, McKinney, TX 75071

801-529-2947

verticalperspectives@yahoo.com

sUAS to be used:

DJI Phantom 2

Regulations from which the exemption is requested:

14 CFR Part 21 subpart H

14 CFR 45.23 (b)

14 CFR 61.113 (a)

14 CFR 91.7 (a)

14 CFR 91.9 (b) (2)

14 CFR 91.103

14 CFR 91.109

14 CFR 91.119 (c)

14 CFR 91.121

14 CFR 91.151 (a)

14 CFR 91.203 (a) & (b)

14 CFR 91.405 (a)

14 CFR 91.407 (a) (1)

14 CFR 91.409 (a) (2)

14 CFR 91.417 (a) & (b)

The sUAS to be used are multi-rotor craft weighing no more than 55lbs. including 

payload. Under normal conditions they operate at speeds of no more than 50kts and 

have the ability hover and move along a vertical and horizontal plane simultaneously.
They will operate in line of sight and will operate within a predetermined area. Given the 

small size of the sUAS and the controlled environment provided, the proposed 

operations will adhere to the Reform Act’s safety requirements. The approval of this 

application presents no national security issues. 

Regarding the level of safety surrounding the proposed operations and the public

benefit, reduction in environmental impacts, including but not limited to; reduced

emissions and noise, the grant of the requested exemption is in the public interest. 

Accordingly the applicant requests that the FAA grant the requested exemption with 

minimum delay.

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

The operation limitations proposed for an equivalent or higher level of safety

because operations will further enhance the safety of the persons and/or property using 

conventional aircraft. The limitations and conditions to which the applicant agrees to 

adhere to when conducting commercial operations under the FAA issued exemption are 

as follows:

1. The sUAS will weigh less than 55 lbs.

2. Flights will be operated within line of sight of a pilot and/or observer.

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

terminated at 25% battery power reserve or 30 minutes of flight time whichever occurs 

first.

4. Flights will be operated at an altitude of no more than 400 feet Above Ground

Level (AGL) and not more than 200 feet above an elevated platform from which filming 

is planned.

5. Minimum crew for each operation will consist of the sUAS Pilot and an additional 

Visual Observer (VO).

6. The sUAS pilot will be a designated Pilot in Command (PIC) and hold either an airline 

transport, commercial, private, recreational, or sport pilot certificate. The PIC will also 

hold a current FAA airman medical certificate or a valid U.S. driver’s license.

7. A briefing will be performed regarding the planned sUAS operations prior to each 

day’s flight consisting of all the days’ production activities.

8. The operator will file FAA Form 7711-1, or its equivalent, as modified in light of the 

requested exemption, with the appropriate local Flight Standards District Office (FSDO) 

no more than 72 hours, but no less than 48 hours from planned operation.

9. The PIC and VO will have been trained in operation of sUAS and receive up to date 

information for the particular sUAS to be operated.

10. The PIC and VO will be able to communicate by voice at all times.

11. All operations shall be conducted over private or controlled-access property with 

permission from the property owner/controller or authorized representative. Permission 

from property owner/controller or authorized representative will be obtained for each 

flight to be conducted.

12. If the sUAS loses communications or loses GPS signal, the sUAS will have the 

capability to return to a pre-determined location within a designated location and land 

autonomously.

13. The sUAS will have the capability to abort a flight in case of unpredicted obstacles, 

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

14 C.F.R. §91.203 (a) (1) Subpart H, entitled Airworthiness Certificates, 

establishes the procedural requirements for the issuance of airworthiness certificates as 

required by FAR §91.203 (a) (1). Given the size and limited operating area associated 

with the aircraft to be utilized by the Applicant, an exemption from Part 21 Subpart H

meets the requirements of an equivalent level of safety under Part 11 and Section 333 

of the Reform Act. The Federal Aviation Act (49 U.S.C.§44701 (f)) 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 particular sUAS. In all 

cases, an analysis of these criteria demonstrates that the sUAS operated without an 

airworthiness certificate, in the restricted environment and under the conditions 

proposed, will be at least as safe, or safer, than a conventional aircraft (fixed wing or 

rotorcraft) operating with an airworthiness certificate without the restrictions and 

conditions proposed.

The sUAS to be operated is less than 55 pounds fully loaded, carries neither a 

pilot nor passenger, carries no explosive materials or flammable liquid fuels, and 

operates exclusively within a secured and designated area. Unlike other civil aircraft, 

operations under this exemption will be tightly controlled and monitored by both the 

operator and under the requirements and in compliance with local public safety 

requirements. These safety enhancements provide a greater degree of safety to the 

public and property owners than conventional operations conducted with airworthiness 

certificates issued under 14 C.F.R. Part 21, Subpart H. Lastly, application of these same 

criteria demonstrates that there is no credible threat to national security posed by the 

sUAS, due to its size, speed of operation, location of operation, lack of explosive 

materials or flammable liquid fuels, and inability to carry a substantial external load.

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

The regulation requires:

When marks include only the Roman capital letter "N" and the registration

number is displayed on limited, restricted or light-sport category aircraft or experimental 

or provisionally certificated aircraft, the operator must also display on that aircraft near 

each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor 

more than 6 inches high, the words "limited," "restricted," "light-sport," "experimental," or 

"provisional," as applicable. Even though the sUAS will have no airworthiness 

certificate, an exemption may be needed as the sUAS will have no entrance to the 

cabin, cockpit or pilot station on which the word “Experimental” can be placed. Given 

the size of the sUAS, two inch lettering will be impossible. Markings will be as large as 

practical. The word “Experimental” will be placed on the fuselage in compliance with 

§45.29 (f). The equivalent level of safety will be provided by having the sUAS marked 

on its fuselage as required by §45.29 (f) where the pilot, observer and others working 

with the sUAS will see the identification of the sUAS as “Experimental.”
14 C.F.R. § 61.113 (a): Private Pilot Privileges and Limitations: 

Pilot in Command.

Pursuant to 14 CFR 61.113 (a), no person who holds a private pilot certificate

may act as a pilot in command of an aircraft that is carrying passengers or property for 

compensation or hire. Our sUAS do not carry any pilots or passengers nor property 

therefore I am seeking an exemption to 14 CFR 61.113(a). Although helpful, a pilot’s 

license will not ensure remote control piloting skills. The risks attendant to the operation 

of sUAS is far less than the risk levels inherent in the commercial activities outlined in 

14 CFR 61. I feel the operation and limitations set forth in the FOM will equate to the 

safe operation of the sUAS.

14 C.F.R. §91.7(a): Civil Aircraft Airworthiness.

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

airworthy condition. As there will be no airworthiness certificate issued for the aircraft, 

should this exemption be granted, no FAA regulatory standard will exist for determining 

airworthiness. Given the size of the aircraft for maintenance and use of safety check 

lists prior to each flight an equivalent level of safety will be provided.

14 C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft.

Section 91.9 (b) (2) provides: No person may operate a U.S.-registered civil

aircraft ... (2) For which an Airplane or Rotorcraft Flight Manual is not required by

§21.5 of this chapter, unless there is available in the aircraft a current approved airplane 

or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any 

combination thereof. The sUAS, given its size and configuration has no ability or place 

to carry such a flight manual on the aircraft, not only because there is no pilot on board, 

but because there is no room or capacity to carry such an item on the aircraft. The 

equivalent level of safety will be maintained by keeping the flight manual at the ground 

control point where the pilot flying the sUAS will have immediate access to it.

14 C.F.R. § 91.103: Preflight Action.

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

flight to insure the safety of flight. As FAA approved rotorcraft flight manuals will not be 

provided for the aircraft an exemption will be needed. The PIC will take all actions 

including reviewing weather, flight battery requirements, landing and takeoff distances 

and aircraft performance data before initiation of flight.

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

Section 91.103 provides that no person may operate a civil aircraft (except a

manned free balloon) that is being used for flight instruction unless that aircraft has fully 

functioning dual controls. sUAS and remotely piloted aircraft, by their design do not 

have fully functional dual controls. Flight control is accomplished through the use of a 

control box that communicates with the aircraft via radio communications. The FAA has 

approved exemptions for flight training without fully functional dual controls for a number 

of aircraft and for flight instruction in experimental aircraft. The equivalent level of safety 
is provided by the fact that neither a pilot nor passengers will be carried in the aircraft 

and by the size and speed of the aircraft.

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, 

or not more than 200 above an elevated platform from which filming is planned, an 

exemption may be needed to allow such operations.

As set forth herein, the sUAS will never operate at higher than 400 AGL with the

exception that in circumstances where the sUAS is used to survey or photograph a 

structure whose height exceeds 400 feet AGL, the sUAS will not be operated more than 

200' above the highest point on the structure. It will however be operated in a restricted 

area with security perimeter, where buildings and people will not be exposed to 

operations without their pre-obtained consent.

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

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

permission of the property owner or local officials. Because of the advance notice to the 

property owner and participants in the filming activity, all affected individuals will be 

aware of the planned flight operations. Compared to flight operations with aircraft or 

rotorcraft weighting far more than the maximum 55lbs. proposed herein and the lack of 

flammable fuel, any risk associated with these operations is far less than those 

presently presented with conventional aircraft operating at or below 500 AGL. 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.

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

sUAS does not have a barometric altimeter, but instead a GPS altitude read out, an 

exemption will be needed. An equivalent level of safety will be achieved by the operator, 

pursuant to the safety check list and live flight data monitoring, confirming the altitude of 

the launch site shown on the GPS altitude indicator before flight.

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 30 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 sUAS’s proposed flight area and the location of its proposed 

operations within a predetermined area, a longer time frame for flight in daylight or 

twilight VFR conditions is reasonable. Applicant believes that an exemption from 14 

CFR §91.151(a) falls within the scope of prior exemptions. 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.

Additionally, limiting sUAS flights to 10 minutes would greatly reduce the utility for which 

the exemption will be granted. Applicant believes that an equivalent level of safety can 

be achieved by limiting flights to 30 minutes or 25% of 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.

14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and

Registration

The regulation provides in pertinent part:

(a) Except as provided in § 91.715, no person may operate a civil aircraft unless it has 

within it the following:

(1) An appropriate and current airworthiness certificate. . . .

(b) 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.

The sUAS fully loaded weighs no more than 55 lbs. and is operated without an onboard 

pilot. As such, there is no ability or place to carry certification and registration 

documents or to display them on the sUAS. An equivalent level of safety will be 

achieved by keeping required documentation at the ground control point where the pilot 

flying the sUAS will have immediate access to them.

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

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

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

accomplished by the operator pursuant to the flight manual and operating handbook. 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 restricted areas for limited 

periods of time. If mechanical issues arise the sUAS can land immediately and will be 

operating from no higher than 400 feet AGL.

The operator will ensure that the sUAS is in working order prior to initiating flight and

perform required maintenance as required.
Moreover, the operator is the person most familiar with the aircraft and best

suited to maintain the aircraft in an airworthy condition to provide the equivalent level of 

safety.

An equivalent level of safety will be achieved because maintenance and

inspections will be performed in accordance with the sUAS Manufacturer's Manual, as 

referenced in the Aircraft Operations Manual (AOM). As provided in the FOM, the 

operator will ensure that the sUAS is in working order prior to initiating flight and perform 

required maintenance as needed.