July 27, 2015

Exemption No. 12165

Regulatory Docket No. FAA–2015–1685

Mr. Nigel Smith

Vertical Vision

1602 Victor II Boulevard, Unit 3

Morgan City, LA 70380

Dear Mr. Smith:

This letter is to inform you that we have granted your request for exemption. It transmits our 

decision, explains its basis, and gives you the conditions and limitations of the exemption, 

including the date it ends.

By letter dated April 28, 2015, you petitioned the Federal Aviation Administration (FAA) on 

behalf of Vertical Vision (hereinafter petitioner or operator) for an exemption. The petitioner

requested to operate an unmanned aircraft system (UAS) to conduct aerial photography, 

videography, and inspections.

See Appendix A for the petition submitted to the FAA describing the proposed operations and 

the regulations that the petitioner seeks an exemption.

The FAA has determined that good cause exists for not publishing a summary of the petition 

in the Federal Register because the requested exemption would not set a precedent, and any 

delay in acting on this petition would be detrimental to the petitioner.

Airworthiness Certification

The UAS proposed by the petitioner is a DJI Phantom 2 Vision+.

The petitioner requested relief from 14 CFR part 21, Certification procedures for products 

and parts, Subpart H—Airworthiness Certificates. In accordance with the statutory criteria 

provided in Section 333 of Public Law 112−95 in reference to 49 U.S.C. § 44704, and in 

consideration of the size, weight, speed, and limited operating area associated with the 
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aircraft and its operation, the Secretary of Transportation has determined that this aircraft 

meets the conditions of Section 333. Therefore, the FAA finds that the requested relief from 

14 CFR part 21, Certification procedures for products and parts, Subpart H—Airworthiness 

Certificates, and any associated noise certification and testing requirements of part 36, is 

not necessary.

The Basis for Our Decision

You have requested to use a UAS for aerial data collection1. The FAA has issued grants of 

exemption in circumstances similar in all material respects to those presented in your petition. 

In Grants of Exemption Nos. 11062 to Astraeus Aerial (see Docket No. FAA−2014−0352), 

11109 to Clayco, Inc. (see Docket No. FAA−2014−0507), 11112 to VDOS Global, LLC (see

Docket No. FAA−2014−0382), and 11213 to Aeryon Labs, Inc. (see Docket No. 

FAA−2014−0642), the FAA found that the enhanced safety achieved using an unmanned 

aircraft (UA) 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.

Having reviewed your reasons for requesting an exemption, I find that—

 They are similar in all material respects to relief previously requested in Grant of 

Exemption Nos. 11062, 11109, 11112, and 11213;

 The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and 

11213 also apply to the situation you present; and 

 A grant of exemption is in the public interest.

Our Decision

In consideration of the foregoing, I find that a grant of exemption is in the public interest. 

Therefore, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701, 

delegated to me by the Administrator, Vertical Vision is granted an exemption from 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)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b), to the 

extent necessary to allow the petitioner to operate a UAS to perform aerial data collection. 

This exemption is subject to the conditions and limitations listed below.

 

1 Aerial data collection includes any remote sensing and measuring by an instrument(s) aboard the UA. 

Examples include imagery (photography, video, infrared, etc.), electronic measurement (precision surveying, RF 

analysis, etc.), chemical measurement (particulate measurement, etc.), or any other gathering of data by 

instruments aboard the UA.
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Conditions and Limitations

In this grant of exemption, Vertical Vision is hereafter referred to as the operator.

Failure to comply with any of the conditions and limitations of this grant of exemption will be 

grounds for the immediate suspension or rescission of this exemption.

1. Operations authorized by this grant of exemption are limited to the DJI Phantom 2 

Vision+ when weighing less than 55 pounds including payload. Proposed operations 

of any other aircraft will require a new petition or a petition to amend this exemption.

2. Operations for the purpose of closed-set motion picture and television filming are 

not permitted. 

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The 

exemption holder may use either groundspeed or calibrated airspeed to determine 

compliance with the 87 knot speed restriction. In no case will the UA be operated at 

airspeeds greater than the maximum UA operating airspeed recommended by the 

aircraft manufacturer.

4. The UA must be operated at an altitude of no more than 400 feet above ground level 

(AGL). Altitude must be reported in feet AGL.

5. The UA must be operated within visual line of sight (VLOS) of the PIC at all times. 

This requires the PIC to be able to use human vision unaided by any device other than 

corrective lenses, as specified on the PIC’s FAA-issued airman medical certificate or

U.S. driver’s license.

6. All operations must utilize a visual observer (VO). The UA must be operated within 

the visual line of sight (VLOS) of the PIC and VO at all times. The VO may be used 

to satisfy the VLOS requirement as long as the PIC always maintains VLOS 

capability. The VO and PIC must be able to communicate verbally at all times; 

electronic messaging or texting is not permitted during flight operations. The PIC 

must be designated before the flight and cannot transfer his or her designation for the 

duration of the flight. The PIC must ensure that the VO can perform the duties 

required of the VO.

7. This exemption and all documents needed to operate the UAS and conduct its 

operations in accordance with the conditions and limitations stated in this grant of 

exemption, are hereinafter referred to as the operating documents. The operating 

documents must be accessible during UAS operations and made available to the 

Administrator upon request. If a discrepancy exists between the conditions and 

limitations in this exemption and the procedures outlined in the operating documents, 

the conditions and limitations herein take precedence and must be followed. 
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Otherwise, the operator must follow the procedures as outlined in its operating 

documents. The operator may update or revise its operating documents. It is the 

operator’s responsibility to track such revisions and present updated and revised 

documents to the Administrator or any law enforcement official upon request. The 

operator must also present updated and revised documents if it petitions for extension 

or amendment to this grant of exemption. If the operator determines that any update 

or revision would affect the basis upon which the FAA granted this exemption, then 

the operator must petition for an amendment to its grant of exemption. The FAA’s 

UAS Integration Office (AFS−80) may be contacted if questions arise regarding 

updates or revisions to the operating documents.

8. Any UAS that has undergone maintenance or alterations that affect the UAS operation 

or flight characteristics, e.g., replacement of a flight critical component, must undergo 

a functional test flight prior to conducting further operations under this exemption. 

Functional test flights may only be conducted by a PIC with a VO and must remain at 

least 500 feet from other people. The functional test flight must be conducted in such 

a manner so as to not pose an undue hazard to persons and property.

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is 

in a condition for safe operation.

10. Prior to each flight, the PIC must conduct a pre-flight inspection and determine the 

UAS is in a condition for safe flight. The pre-flight inspection must account for all 

potential discrepancies, e.g., inoperable components, items, or equipment. If the 

inspection reveals a condition that affects the safe operation of the UAS, the aircraft is 

prohibited from operating until the necessary maintenance has been performed and the 

UAS is found to be in a condition for safe flight.

11. The operator must follow the UAS manufacturer’s maintenance, overhaul, 

replacement, inspection, and life limit requirements for the aircraft and 

aircraft components.

12. Each UAS operated under this exemption must comply with all manufacturer 

safety bulletins.

13. Under this grant of exemption, a 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.

14. The operator may not permit any PIC to operate unless the PIC demonstrates the 

ability to safely operate the UAS in a manner consistent with how the UAS will be 
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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 must be logged in a manner consistent with 

14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs 

(training, proficiency, and experience-building) and determining the PIC’s ability to 

safely operate the UAS in a manner consistent with how the UAS will be operated 

under this exemption are permitted under the terms of this exemption. However, 

training operations may only be conducted during dedicated training sessions. During 

training, proficiency, and experience-building flights, all persons not essential for 

flight operations are considered nonparticipants, and the PIC must operate the UA 

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

15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All 

operations must be conducted under visual meteorological conditions (VMC). Flights 

under special visual flight rules (SVFR) are not authorized.

16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as 

denoted in the current FAA Airport/Facility Directory (AFD) or for airports not 

denoted with an ARP, the center of the airport symbol as denoted on the current 

FAA-published aeronautical chart, unless a letter of agreement with that airport’s 

management is obtained or otherwise permitted by a COA issued to the exemption 

holder. The letter of agreement with the airport management must be made available 

to the Administrator or any law enforcement official upon request.

17. The UA may 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.

18. If the UAS loses communications or loses its GPS signal, the UA must return to a 

pre-determined location within the private or controlled-access property.

19. The PIC must abort the flight in the event of unpredicted obstacles or emergencies.

20. The PIC is prohibited from beginning a flight unless (considering wind and forecast 

weather conditions) there is enough available power for the UA to conduct the 

intended operation and to operate after that for at least five minutes or with the reserve 

power recommended by the manufacturer if greater.

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All 

operations shall be conducted in accordance with an ATO-issued COA. The 

exemption holder may apply for a new or amended COA if it intends to conduct 

operations that cannot be conducted under the terms of the attached COA.

22. All aircraft operated in accordance with this exemption must be identified by serial 

number, registered in accordance with 14 CFR part 47, and have identification 
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(N−Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must 

be as large as practicable.

23. Documents used by the operator to ensure the safe operation and flight of the UAS and 

any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the 

PIC at the Ground Control Station of the UAS any time the aircraft is operating. 

These documents must be made available to the Administrator or any law enforcement 

official upon request.

24. The UA must remain clear and give way to all manned aviation operations and 

activities at all times. 

25. The UAS may not be operated by the PIC from any moving device or vehicle. 

26. All Flight operations must be conducted at least 500 feet from all nonparticipating 

persons, vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons 

from the UA and/or debris in the event of an accident. The operator must 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 UA, flight operations must cease immediately in a manner ensuring the safety 

of nonparticipating persons; and

b. The owner/controller of any vessels, vehicles or structures has granted permission 

for operating closer to those objects 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.

The PIC, VO, operator trainees or essential persons are not considered 

nonparticipating persons under this exemption.

27. 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.

28. Any incident, accident, or flight operation that transgresses the lateral or vertical 

boundaries of the operational area as defined by the applicable COA must be reported 

to the FAA's UAS Integration Office (AFS−80) within 24 hours. Accidents must be 

reported to the National Transportation Safety Board (NTSB) per instructions 

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

If this exemption permits operations for the purpose of closed-set motion picture and 

television filming and production, the following additional conditions and limitations apply.
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29. The operator must have a motion picture and television operations manual (MPTOM) 

as documented in this grant of exemption.

30. At least 3 days before aerial filming, the operator of the UAS affected by this 

exemption must submit a written Plan of Activities to the local Flight Standards 

District Office (FSDO) with jurisdiction over the area of proposed filming. The 3-day 

notification may be waived with the concurrence of the FSDO. The plan of activities 

must include at least the following:

a. Dates and times for all flights;

b. Name and phone number of the operator for the UAS aerial filming conducted 

under this grant of exemption;

c. Name and phone number of the person responsible for the on-scene operation of 

the UAS;

d. Make, model, and serial or N−Number of UAS to be used;

e. Name and certificate number of UAS PICs involved in the aerial filming;

f. A statement that the operator has obtained permission from property owners 

and/or local officials to conduct the filming production event; the list of those 

who gave permission must be made available to the inspector upon request;

g. Signature of exemption holder or representative; and

h. A description of the flight activity, including maps or diagrams of any area, city, 

town, county, and/or state over which filming will be conducted and the altitudes 

essential to accomplish the operation.

31. Flight operations may be conducted closer than 500 feet from participating persons 

consenting to be involved and necessary for the filming production, as specified in the 

exemption holder’s MPTOM.

Unless otherwise specified in this grant of exemption, the UAS, the UAS PIC, and the UAS 

operations must comply with all applicable parts of 14 CFR including, but not limited to, 

parts 45, 47, 61, and 91.

This exemption terminates on July 31, 2017, unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan

Director, Flight Standards Service

Enclosures
April 28, 2015 

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 45.23(b); 14 CFR Part 21; CFR 61.113 (a) & (b); 91.7 

(a); 91.9 (b) (2); 91.103 (b); 91.109.119; 91.121; 91.151 (a); 91.203 (a) & (b); 91.405 (a); 91.407 

EXEMPTIONS (Regulations from which the exemption is requested) 

• 14 CFR Part 21, Subpart H 

o Airworthiness Certificates 

• 14 CFR 45.23 {b), I 

o Aircraft Marking 

o Certification and Registration 

• 14 CFR 61.113 (a) & (b) 

o Pilot in Command 

• 14 CFR 91.7 (a) 

o Civil aircraft airworthiness 

• 14 CFR 91.9 (b) (2) 

o Document/Flight Manuals 

• 14 CFR 91.103 (b) 

o Preflight action 

• 14 CFR 109 

o Flight instruction 

• 14 CFR 91.113 

o Right-of-way rules 

• 14 CFR 91.119 

o Minimum safe altitude 

• 14 CFR 91.121 

o Altimeter setting 

• 14 CFR 91.131 (a) {1) (c) (2) (d) (1) 

o Operations in Class B airspace 
• 14 CFR 91.145 {b) 

o Management of aircraft operations in the vicinity of aerial demonstrations and 

major sporting events. 

• 14 CFR 91.151 

o Fuel requirements for VFR flight 

• 14 CFR 91.203 (a) & (b) 

o Civil Aircraft: Certifications required 

• 14 CFR 91.405 (a}; 407 (a} (1}; 409 (a}; 417 {a} & (b) 

o Maintenance and maintenance inspections 

• 14 CFR 407 

o Operation after Maintenance, preventive maintenance, rebuilding and 

inspections 

• 14 CFR 409 

o Inspections 

• 14 CFR 417 

o Maintenance records 

• NOTAM 9/5151 

o Flying Around Sporting Events 

Dear Sir or Madam: 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14 

C.F.R., Vertical Vision, an operator of an Unmanned Aircraft System (UAS), hereby 

applies for an exemption from the Federal Aviation Regulations to allow 

commercial operation of its UAS for the purpose of aerial imaging/videography of 

structures as well as observation and inspection of utility equipment in a 

controlled, safe environment. 

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 Vertical Vision, 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 UA. In all cases, an analysis of these 

criteria demonstrates that the UA 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 five (5) pounds (2.26 Kg) 

fully loaded, carries neither a pilot nor passenger, carries no explosive materials 

or flammable liquid fuels, and operates exclusively within a secured area as set 

out in Vertical Vision's Standard Protocols and Controls. Unlike other civil aircraft, 

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

the operator, pursuant to Vertical Vision's Confidential Protocols and Controls, 

and under the requirements and in compliance with local public safety 

requirements, to provide security for the area of operation as is now done with 

conventional aerial videography and photography. Lastly, 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 words "limited," "restricted," "lightsport," "experimental," or "provisional," may be placed. Given the size of the UAs, 

two-inch lettering will be impossible. The word "experimental," or any other term 

as is so required, will be placed on the fuselage of the UAs 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." The FAA has issued the following exemptions to this regulation to 

Exemptions Nos. 10700, 8738, 10167 and 10167A. 

CFR 61.113 (a) & (b) Private Pilot Privileges and Limitations: Pilot in Command: 

CFR 61.113 (a) & (b) states: 

(a) Except as provided in paragraphs (b) through (h) of this section, no 

person who holds a private pilot certificate may act as pilot in command of 

an aircraft that is carrying passengers or property for compensation or hire; 

nor may that person, for compensation or hire, act as pilot in command of 

an aircraft. 

(b) A private pilot may, for compensation or hire, act as pilot in command 

of an aircraft in connection with any business or employment if: 

(1) The flight is only incidental to that business or employment; and 

(2) The aircraft does not carry passengers or property for 

compensation or hire. To reach an equivalent level of safety, the selfimposed experience and training requirements would more than 

offset any risk introduced by using private pilots to fly an unmanned 

aircraft in very restricted and controlled areas. 

14 C.P.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 and the requirements 

contained in the manual for maintenance and use of safety check lists prior to 

each flight, a subset of which are provided in enclosed supplemental material, an 

equivalent level of safety will be- provided. 

CFR 91.9 (b) (2) Civil Aircraft Flight Manual in the Aircraft: 

CFR 91.9 (b) (2) states: No person may operate a U.S.-registered civil aircraftFor 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. 

Given the size of the sUAS being utilized in this endeavor, there is no room 

on board for an aircraft flight manual. 

The equivalent level of safety will be achieved by keeping the flight manual with 

the pilot/team on the ground with easy access. Previous precedence is resident in 

Exemptions 8607, 8737, f8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 

f32827, and 10700. 

CFR 91.103 (b) Preflight Action: 

CFR 91.103 (b) states: 

Each pilot in command shall, before beginning a flight, become familiar with all 

available information concerning that flight. This information must include-

(b) For any flight, runway lengths at airports of intended use, and the following 

takeoff and landing distance information: 

(1) For civil aircraft for which an approved Airplane or Rotorcraft Flight Manual 

containing takeoff and landing distance data is required, the takeoff and landing 

distance data contained therein; and 

(2) For civil aircraft other than those specified in paragraph (b)(1) of this section, 

other reliable information appropriate to the aircraft, relating to aircraft 

performance under expected values of airport elevation and runway slope, 

aircraft gross weight, and wind and temperature. 

This regulation dictates that a pilot conduct preflight activities. Without an FAA 

approved flight manual, relief is required from this regulation. Extensive pre-flight 
planning will provide an equivalent level of safety by using the operations plan, 

aircraft flight manual, maintenance manual and available weather and NOT AM 

information. 

CFR 91.109 Flight instruction: 

CFR 91.109 states: 

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. 

sUASs clearly have no onboard flight controls. An equivalent level of safety will be 

accomplished by conducting pilot training via the control system that 

communicates with the aircraft from the ground. Vertical Vision intends to 

conduct this training on private grounds under controlled conditions. 

CFR 91.113 Right-of-way rules: Except water operations: 

CFR 91.113 deals with the many scenarios whereby different types of aircraft in 

different states must give way to other aircraft. 

Because the sUAS PIC does not have "see and avoid" capability, the petitioner 

requests relief from this regulation. All operations will be within LOS of the pilot 

and well below any airspace where other flight activity is taking place. 

14 C.F.R. §91.119: Minimum safe altitudes: 

§91.119 establishes safe altitudes for operation of civil aircraft. §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 closely mimics the 

behavior of a helicopter and the exemption requests authority to operate at 

altitudes up to 400 AGL, an exemption may be needed to allow such operations. 

As set forth herein, the UAV will never operate at higher than 400 AGL or beyond 

unaided visual line of sight, whichever is closer. It will however be operated in a 

restricted area with officials tasked with ensuring public safety, and where 

buildings and people will not be exposed to operations without their pre-obtained 

consent and training. 
• 

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 operation will be taken 

without the permission of the controlling agency or right of way owner in the case 

of private property or local officials in the case of public property or private 

property with public interests. Because of the advance notice to the property 

owner and participants in the remote sensing 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 8.2kg the heaviest 

UAS 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 smaii-UAV operations and the 

operations of conventional aircraft that must comply with §91.119 . 

14 C.F.R. §91. 121 Altimeter Settings: 

§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, confirming the altitude of the launch site shown on the GPS altitude 

indicator before flight. The PIC and Technician will also ensure effective pairing 

with multiple GPS sources to guarantee accurate detection of height. 

14 C.F.R. §9 1.151 (a): Fuel Requirements for Flight in VFR Conditions: 

§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 25 minutes of powered flight in hover mode with 

payload. Vertical Vision's UAS will not be able to meet the 30 minute reserve 

requirement in 14 CPR §91.151. Vertical Vision believes that an equivalent level of 

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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 within its limited operating 

area. 

14 C.P.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. An equivalent level of safety will be 

achieved because these small UAV 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 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. 

Vertical Vision is in possession of a DJI Phantom Vision 2 Plus. 

The UAS operated by Vertical Vision weighs less than 5 pounds, including the 

payload {i.e. camera, lens, and gimbal}. It has a maximum speed of 34M PH, can 

hover and can simultaneously move vertically and horizontally. Vertical Vision will 

only operate its UAS in line of sight {LOS} only and will operate only with 

permission of the municipality in which it is being operated. Operations of the 

UAS will be utilized for purpose of obtaining precision photographs or digital 

video for use in commercial land and property surveying and inspections. The flat, 

open terrain would not necessitate the altitude of the UAS to go above 100 feet. 

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• 

Such operations will insure that the UAS will"not create a hazard to users of the 

national airspace system or the public." 

The Aircraft and its operation: 

DJI-Phantom 2 Vision Plus 

• This UAS has flight control using a remote control operating the 5. 728-

5.85Ghz frequency in compliance with FCC regulations. The range extender 

operates within a frequency of 2412-2462MHz in accordance with FCC 

regulations. 

• At any time that communication is lost the UAS will return to its take off 

location at a height of approximately 60 feet. 

• The UAS locks onto multiple GPS satellites to establish a "home" position 

prior to flight. 

• All flights will be operated within line of sight {LOS) by the pilot and 

observer. 

• Maximum flight time of each event will be limited to 15 minutes or less, 

this will leave approximately SO% of reserve time on the UAS. 

• Flights will be well below the 400 feet AGL requirement; Vertical Vision will 

never operate a UAS above 100 feet AGL. 

• Flights will always have a UAS operator and a camera operator who will 

control the recording via the DJI application on smart phone or tablet. 

• UAS operation will not be commenced if within 5 miles of an airport which 

will ensure no danger to manned aircraft traffic. 

• Preflight procedure will be as follows: 

- Power supply test of UAS, Controller, Range Extender and DJI application 

device (smartphone/tablet) 

-Calibration of compass 

- Weather considerations 

- Flight obstructions 

- GPS lock of no less than 6 satellites 

- Link between controller and UAS 
- Link between application and UAS 

• All maintenance will be conducted in accordance with all manufacturer's 

specifications 

• All maintenance and repair/modifications will be logged in a permanent file 

for future reference. 

• All of the latest firmware will be updated as needed via the DJI software as 

well as controller calibrations. 

As with any photographic/surveying equipment used properly and safely, the use 

of the UAS would benefit the public greatly. The collection and gathering of photo 

and video media, that would otherwise require manned aerial platforms, can now 

be performed safely and efficiently. With 10 years in photography experience and 

over 15 years experience with radio controlled aircraft, the use of this new 

equipment would be a great addition to existing equipment and my opinion could 

revolutionize my industry. In addition I, Nigel Smith, personally will be the only 

operator of the UAS mentioned above. If granted an exemption, I will keep it on 

file with the city hall in Morgan City, LA. 

If you have any further questions please feel free to contact the undersigned at 

985-360-9858 or email to verticalvisioninc@gmail.com. 

Thank you for your consideration. 

Nigel Smith 

Owner/Operator 

Vertical Vision 

985-360-9858 

verticalvisioninc@gmail.com