1531 NE 7th St. 

Redmond OR, 97756 

August 15, 2015 

Attention: 

U.S. Department of Transportation

Docket Management System 1200 

New Jersey Ave., SE Washington DC 20590 

RE: Vertical Optics LLC seeks 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)(b); 14 CFR 91.7(a); 14 CFR 91.9 (b)(2); 14 CFR 91.103; 14 CFR 

91.109; 14 CFR 91.119(b)(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)(1) (2); 14 CFR 91.417(a)(b) 

Dear U.S. Department of Transportation: 

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

and 14 CFR Part 11, Vertical Optics LLC, FAA Licensed Certified Flight Instrument Instructor and 

operator of an Unmanned Aircraft System (UAS), hereby applies for an exemption from the 

listed Federal Aviation Regulations ("FARs") to allow commercial operation of its UAS, 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 an UAS, as described will be equipped with camera(s) and sensors, 

would be operated in the following manner: 

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

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

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

news gathering and cinematography. 

3. Aerial video/photography of residential and commercial structures under contract with 

owners of private property or local government authority. 

4. Aerial inspection of residential/commercial utility infrastructure including but not 

limited to power lines, cell towers, and wind turbines.

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5. Aerial video/photography assisting with search and rescue operations when local 

authorities or government has requested.

6. 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 a UAS for the 

purpose of the safe operation of a UAS to enhance the safety of the National Airspace 

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

7. Digital Imagery/aerial photography and data acquisition for precision agriculture, 

environmental management, scientific analysis and livestock management. 

As described in detail below, the requested exemption would permit the operation of a UAS 

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." 

Name and address of applicant is: 

Vertical Optics LLC

Point of Contact:Jerry Gallegos,President/Director of Operations/Chief Pilot 

Ph:(559)232-8041

Email: JERRYG0612@GMAIL.COM

Address: 1531 NE 7th ST. REDMOND, OREGON, 97756 

Applicant Information 

The applicant, Vertical Optics LLC, President and Chief Pilot Jerry Gallegos is holder of a 

Current Certified Flight Instrument Instructor and Commercial Pilot Certificate. Knowledgeable 

in NAS aeronautical rules and regulations, as well as being trained in the recognition of 

property boundaries and property ownership rights, applicant has an in depth understanding of 

the capabilities and safety concerns involved in using this technology as an asset to the 

community. Applicant has over 75 hours of flying time in the UAS. Applicant shall, as required, 

be assisted by a Visual Observer (VO). Satisfaction of criteria provided in Section 333 of the 

Reform Act of 2012 provide more than adequate justification for the grant of the requested 

exemptions allowing the commercial operation of the applicant’s UAS. 

Regulations from which exemption is requested: 

14 CFR Part 21 subpart H

14 CFR 45.23 (b) 

14 CFR 61.113 (a) 81 (b) 

14 CFR 91.7 (a) 

14 CFR 91.9 (b) (2) 

14 CFR 91.103 

14 CFR 91.109 

14 CFR 91.119 (b) & (c) 

14 CFR 91.121 

14 CFR 91.151 (a) 

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14 CFR 91.203 (a) & (b) 

14 CFR 91.405 (a) 

14 CFR 91.407 (a) (1) 

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

14 CFR 91.417 (a) & (b)

Solo By 3D Robotics

Vertical Optics LLC will operate the 3DR Solo which has a total weight of 3.9 lbs (1.8 kg) with 

gimbal and camera. The dimensions of the 3DR Solo are 10 in. tall (25 cm) and 18 in. motor-tomotor. Under calm air conditions maximum speed is no more than 15.6m/s or 35 mph. The 3DR 

Solo has the ability to hover as well as move along a vertical or horizontal plane 

simultaneously. The 3DR Solo has 4 motors powered by a 5200 mAh and 14.8 Vdc lithium 

polymer battery. There are four propellers, Propeller dimension 10 in. diameter (24 cm) with a 

4.5 in. pitch (144 cm) will be in use. The 3DR Solo will be controlled by 3DR Solo remote 

controller using operating frequency of 2.400GHz-2.483GHz.

The applicant will operate the UAS in line of sight within a closed off and predetermined area 

owned and/operated by the property representative. 

The live video feed will have an 3DR link secured wifi network or operating frequency of 

5.728GHz-5.850GHz. The applicant will operate the UAS in line of sight within a closed off and 

predetermined area owned and/or operated by the property representative. 

Given the small size of the UAS 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. 

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. 

These limitations and conditions to which the applicant agrees to adhere to when 

conducting commercial operations under the FAA issued exemption as set forth in the Flight 

Operations Manual (FOM) include:

1. The UAS will weigh less than 55 lbs.

2. The UAS will have a maximum operating speed of no more than 55 mph. 

3. Flights will be operated within line of sight of the Pilot in Command (PIC) and/or 

Visual Observer (VO).

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4. Maximum flight time for each operational flight will be 25 minutes. Flights will be 

terminated at 25% battery power reserve or 20 minutes of flight time whichever 

occurs first. 

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

(AGL) or not more than 200 feet above an elevated platform from which filming is 

planned. 

6. Minimum crew for each operation will consist of the UAS Pilot, the Visual Observer 

(VO) as required and may include but not limited to a Camera Operator. 

7. The UAS pilot will be a designated Pilot in Command (PIC) and hold at least a Private 

Pilot's License along with a Second or higher Class Medical Certificate or a valid 

state drivers license. If the PIC feels another operator to be qualified with the 

necessary skills to be PIC & possess at least a Private Pilot's License along with a 

Second or higher Class Medical Certificate, that person may be designated PIC 

provided they have a minimum of 20 hours of flight time with the UAS. 

8. A briefing will be performed regarding the planned UAS operations prior to each 

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

9. All flights will occur under Visual Flight Rules Meteorological Conditions (VMC) only. 

10. The flights will occur no closer than a 5 mile radius of the geographic center/Airport 

Reference Point (ARP) of a tower controlled or uncontrolled airport. 

11. If operations will be within a 5 mile radius of the geographic center/Airport 

Reference Point (ARP) of a tower controlled or uncontrolled airport the respective 

airports will be contacted advising them of the estimated flight time, flight 

duration, elevation of flight and other pertinent information. 

12. 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. 

13. The operator will obtain verbal/written consent of all persons involved with the 

planned operation and ensure that only consenting persons will be allowed within 

100 feet of the flight operation, and the radius may be reduced to 30 feet based 

upon an equivalent level of safety determination, as required under the FOM. With 

the advanced permission of the FSDO, operations at closer range may be approved. 

14. The PIC and VO will have been trained in operation of UAS and receive up-to- d a t e 

information for the particular UAS to be operated. 

15. The PIC and VO will be able to communicate by voice, radio, and/or text at all 

times. 

16. Written and/or verbal permission and permits will be obtained from territorial, 

state, county or city jurisdictions, including law enforcement, fire or other 

appropriate governmental agencies. 

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17. If the UAS loses communications with the remote controller or loses GPS signal, the 

UAS will have the capability to return to a pre-determined location within a 

designated location and land autonomously.

18. UAS operations may not be conducted during night, as defined in 14 C.F.R. § 1.1.

19. All flight operations will be entered into a log book, with all records available for 

viewing by governing agencies. 

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 UAS. In 

all cases, an analysis of these criteria demonstrates that the UAS 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 UAS to be operated hereunder is less than 55 lbs. 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. The FAA will 

have advance notice of all operations. 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. Furthermore, application 

of these same criteria demonstrates that there is no credible threat to national security posed 

by the UAS, 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 UAS will have no airworthiness certificate, an exemption may be 

needed as the UAS will have no entrance to the cabin, cockpit or pilot station on which the 

word "Experimental" can be placed. Given the size of the UAS, two-inch lettering will be 

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impossible. 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 UAS marked on its fuselage as 

required by §45.29 (f) where the pilot, observer and others working with the UAS will see the 

identification of the UAS as "Experimental." 

14 C.F.R. § 61.113 (a) and (b): Private Pilot Privileges and Limitations: Pilot in Command. 

Pursuant to 14 CFR 61.113 (a) & (b), 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. Vertical Optics LLC may achieve an equivalent level of safety as achieved by current 

Regulations because the applicant's UAS do not carry any pilots, passengers, or property. The 

risks attendant to the operation of UAS is far less than the risk levels inherent in the 

commercial activities outlined in 14 CFR 61. The PIC of the UAS will have at least a Private 

Pilot's License along with a current Second Class or higher Medical exceeding the current safety 

levels in relation to 14 CFR 61.113 (a) & (b). I feel the operation and limitations set forth in the 

FOM will equate to the safe operation of the UAS. 

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 UAS, 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 UAS 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 as stated in the FOM in 

Section 4 under Normal Procedures including but not limited to 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 91.109 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. UAS and remotely piloted aircraft, by their design do not have fully functional dual 

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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 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 UAS 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 UAS will never operate at higher than 400 AGL with the exception that in 

circumstances where the UAS is used to survey or photograph a structure whose height exceeds 

400 feet AGL, the UAS will not be operated more than 200 feet 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 UAS 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 55 lbs 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 UAS will ensure separation 

between these UAS operations and the operations of conventional aircraft that must comply 

with Section 91.119. 

14 C.F.R. §91.121 Altimeter Settings. 

Section 91.121 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 UAS may not have a 

barometric altimeter, but instead a GPS altitude read out, an exemption may 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 UAS provides approximately 30 minutes of powered flight. To meet 

the 30 minute reserve requirement in 14 CFR §91.151, UAS flights would be limited to 

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approximately 10 minutes in length. Given the limitations on the UAS'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 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 UAS 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 UAS 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 .......

(a) 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 UAS 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 UAS. 

An equivalent level of safety will be achieved by keeping these documents at the 

ground control point where the pilot flying the UAS will have immediate access 

to them, to the extent they are applicable to the UAS. 

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. The operator will Maintenance will be 

accomplished by the operator pursuant to the flight manual and operating handbook. An 

equivalent level of safety will be achieved because the UAS is very limited in size and will carry 

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a small payload and operate only in restricted areas for a limited period of time. If mechanical 

issues arise the UAS can land immediately and will be operating from no higher than 400 feet 

AGL. The operator will ensure that the UAS is in working order prior to initiating flight, 

perform required maintenance, and keep a log of any maintenance performed. 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 UAS Manufacturer's User Manual. As provided in the FOM, the 

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

required maintenance needed.

This Petition is made pursuant to the FAA Modernization and Reform Act of 2012 (FMRA) 

Section 333, which directs the Secretary of Transportation to determine if certain UAS may 

operate safely in the NAS. As such, Vertical Optics LLC request for exemption may be 

granted pursuant to the authority of FMRA Section 333 and 14 C.F.R. Part 11, as set forth 

above. 

FMRA Section 333 sets forth the requirements for considering whether a UAS will create a 

hazard to users of the NAS or the public, or otherwise pose a threat to national security; 

and further, provides the authority for such UAS to operate without airworthiness 

certification. As discussed in detail above, Vertical Optics LLC will operate the 3DR Solo UAS 

safely in the NAS without creating a hazard to users of the NAS, or the public, or otherwise 

pose a threat to national security. 

WHEREFORE, in accordance with the Federal Aviation Regulations and the FAA Modernization 

and Reform Act of 2012, Section 333, Reform Act of 2012, Section 333, Vertical Optics LLC 

respectfully requests that the Administrator grant this Petition for an exemption from the 

requirements of 14 C.F.R Sections 39 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 

91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), and permit Vertical Optics LLC to 

operate 3DR Solo UAS for the purpose of conducting commercial aerial flights. 

Please do not hesitate to contact with any questions regarding this filling. 

Dated: August 15, 2015 

Respectfully submitted, 

Name and address of applicant/petitioner is: 

Vertical Optics LLC

Point of Contact: Jerry Gallegos, President/Director of Operations/Chief Pilot

Ph:(559)232-8041

Email: JERRYG0612@GMAIL.COM

Address: 1531 NE 7th ST. REDMOND, OREGON, 97756

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