1325 W 24th St, Unit A, Houston, Texas 77008

Phone: 832-280-8003 | Email: info@virtualleasingsystems.com

1 | P a g e

August 12, 2015

To: US Department of Transportation

Docket Management System

1200 New Jersey Ave, SE

Washington, DC 20590

From: VJ Arizpe, Owner & Creative Director

Virtual Leasing Systems, LLC

1325 W 24th St, Unit A

Houston, TX 77008

Re: Exemption Request under section 333 of the FAA Reform Act

Summary of Exemption Request

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012, and the Federal Aviation 

Administration’s general exemption authority under Title 49, United States Code, Section 44701(f), 

Virtual Leasing Systems, LLC hereby petitions for exemptions from the following Federal Aviation 

Regulations specified in Title 14 of the Code of Federal Regulations:

14 CFR Part 21, Subpart H

14 CFR 45.23(a)

14 CFR 61.113(a)(b)

14 CFR 61.133(a)

14 CFR 91.7(a)

14 CFR 91.109(a)

14 CFR 91.119(c)

14 CFR 91.9(b)(2)

14 CFR 91.121

14 CFR 91.151(a)(1)

14 CFR 91.203(a)(b)

14 CFR 91.319(a)(1)

14 CFR 91.405(a)

14 CFR 91.407(a)(1)

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

14 CFR 91.417(a)(b)

These proposed exemptions, if granted, will allow Virtual Leasing Systems, LLC “VLS” to operate two 

commercially prepared Unmanned Aircraft Systems “UAS” for commercial real estate applications.

Aerial videography and photography benefits the real estate community and general public by 

providing a unique perspective that both real estate sales professionals and buyers can use to make a 

more informed decision. Current methods of manned aerial videography and photography are cost 

prohibitive for the average real estate business and consumer. Virtual Leasing Systems, LLC wishes to 

utilize two commercially prepared UAS platforms; the DJI Inspire 1 & DJI Phantom 2 models. The use of 

these UAS’ will grant landowners, corporations, and consumers an overall greater awareness, increased
1325 W 24th St, Unit A, Houston, Texas 77008

Phone: 832-280-8003 | Email: info@virtualleasingsystems.com

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safety, as well as negate the need for conventional aircraft assistance. This results in enhanced efficiency

for any activity conducted, as well as an immediate environmental benefit.

Operation under the anticipated exemption will be subject to strict conditions and requirements, 

ensuring at minimum, an equivalent level of safety to currently authorized operating standards and 

procedures per FAA Regulations.

Supplemental Information Included:

Part A: DJI Manual – Inspire 1 User Manual

Part B: DJI Manual – Inspire 1 Maintenance Manual

Part C: DJI Manual – Inspire 1 Safety Guidelines 

Part D: DJI Manual – Phantom 2 User Manual

Background of Applicant

Virtual Leasing Systems

Attn: VJ Arizpe

1325 W 24th, Unit A

Houston, Texas 77008

Phone: (832) 280-8003

Email: vjarizpe@virtualleasingsystems.com

Virtual Leasing Systems, LLC leverages 16 years’ experience in the residential and commercial real estate 

photography industry. As a premier provider in the Houston, Texas and surrounding region VLS provides 

services to its clients ranging from ground photography, virtual property tours, website and social media 

design, website maintenance and relevancy enhancements, as well as general and specific customized 

advertising solutions for the real estate industry. The addition of aerial photography and videography 

will allow VLS to provide a valuable service that our clients continually request. 
1325 W 24th St, Unit A, Houston, Texas 77008

Phone: 832-280-8003 | Email: info@virtualleasingsystems.com

3 | P a g e

Aircraft Overview

The DJI Inspire 1 UAS is a ready-to-fly commercial product. It is of Quad-Rotor design, is lithium polymer 

battery powered, and is strictly a photography/videography based asset. It houses a proprietary, 

upgradeable gimbal & camera system, controllable from the UAS’ included remote controller & 

software. Fully dressed, the aircraft weighs less than 7 lbs., has a dimension set of 17.5”x 18”x 12”, and a 

maximum airspeed of 42 knots. Maximum useable endurance of the system is approximately 18 

minutes, while maximum wind speed resistance is 19 knots. Aircraft lighting is unconventional according 

to FAA regulation, existing as two green indicators on the aircraft-rear, and two red indicators on the 

aircraft-front. The system includes dual remote control capability, allowing for two trained operators to 

work simultaneously, minimizing task saturation, and maximizing safety of flight concepts. The DJI 

Inspire’ proven controlling software maintains Live Map positioning, flight telemetry, allows for auto 

takeoff and landing, as well as provides a safe “return to home” emergency capability.

The DJI Phantom 2 UAS is also a ready-to-fly commercial product. It is of Quad-Rotor design, is lithium 

polymer battery powered, and is strictly a Photography/Videography based asset. It houses a 

proprietary, upgradeable gimbal, allowing for multiple camera/sensor configurations, which are

controllable from the UAS’ included remote controller & software. Fully dressed, the aircraft weighs less 

than 4 lbs., has a dimension set of 17”x 8.1”x 12.5”, and a maximum airspeed of approximately 30 knots. 

Maximum useable endurance of the system is approximately 20 minutes, while maximum wind speed 

resistance is 19 knots. Aircraft lighting is unconventional according to FAA regulation, existing as green 

indicators on the aircraft-rear rotor arms, and red indicators on the aircraft-front rotor arms. DJI A2

controlling software provides the operator with flight telemetry, allows for safe “return to home” auto 

landing, as well as provides stable flight during a failed motor emergency situation.

As stated above, the UAS’ that VLS intends to operate are equipped with GPS and auto return safety 

technology. Each UAS weighs less than four (10) pounds (far below the maximum 55 pound limit);

Including camera with gimbal. Virtual Leasing Systems considers safety foremost with each flight. Our 

small unmanned aircraft are designed to hover in place via GPS and operate in less than a 23 knot (25 

mph) wind. Built in safety systems include a GPS mode that allows our UAS’s to hover in place when 

radio controls are released. With three modes to choose from, we utilize the GPS 4 for aerial 

videography/photography. This is the safest, most reliable and stable mode to prevent accident and 

hazard. When pilot communication is lost, the UAS is designed to slowly descend to point of take off. 

We do not operate our UAS’s near airports, hospitals or police heliports, nor do we operate near areas 

where the general public is within fifty (50) meters depending on location, conditions and weather. Our 

UAS software is continuously updated with the most up-to-date airport airspace no fly zones.

Both the DJI Inspire 1 and Phantom 2 Unmanned Aircraft Systems have previously been exempted from 

regulations by the FAA. Virtual Leasing Systems wishes to include these two system sets into its 

approved/exempted fleet of working Unmanned Aircraft Systems. Specific platform details compiled by 

the vendor, DJI, have been included as supplemental information with this exemption.
1325 W 24th St, Unit A, Houston, Texas 77008

Phone: 832-280-8003 | Email: info@virtualleasingsystems.com

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Training

UAS Operator

VLS requires every Operator to be fully qualified on any of its usable UAS appropriately. Trainees are 

given demonstration in general skills such as; maintaining altitude, maintaining visual line of sight, 

general navigation principles, obstacle avoidance, air traffic de-confliction, and emergency procedures. 

Qualification as an Operator for either of the DJI UAS requires the Operator trainee to show proficient 

levels of all aforementioned skill areas, with special emphasis on emergency procedures. 

UAS Safety Observer

VLS requires every person who will be acting as a flight safety observer to be proficient in airspace 

knowledge, emergency procedures, aeronautical chart interpretation and airspace safety, ground 

operations, ATC radio frequency communication. Two-Way radio communication will be established 

between the UAS operator and safety observer(s) during flight operations.

Currency is maintained through monthly aircraft flights and instruction.

Authority for Petition

Section 333, titled “Special Rules for Certain Unmanned Aircraft Systems,” provides a method for 

seeking expedited FAA authorization of safe, civil UAS operation in the National Airspace System 

(“NAS”).

J=9

Section 333(a) states that the Secretary of Transportation “shall determine if certain Unmanned Aircraft 

Systems may operate safely in the National Airspace System before completion of the plan and rulemaking required by Section 332 of this Act or the guidance required by Section 334 of this Act.”

Section 333(b) outlines any factors the Secretary of Transportation must consider in order to determine 

whether commercial UAS operation should be approved. These factors include at minimum “[the UAS’s]

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

within visual line of sight do not create a hazard to users of the National Airspace System or the public or 

pose a threat to National Security [...]”

Section 333(c) states that should the Secretary determine a certain UAS may operate safely in the NAS, 

“the Secretary shall establish requirements for safe operation of such aircraft systems in the National 

Airspace System.”

Section 44701(f) of Title 49, United States Code, states that “The [FAA] Administrator may grant an 

exemption from a requirement of a regulation prescribed under subsection (a) or (b) of this section or 

any of sections 44702-44716 of this title if the Administrator finds the exemption is in public interest.”
1325 W 24th St, Unit A, Houston, Texas 77008

Phone: 832-280-8003 | Email: info@virtualleasingsystems.com

5 | P a g e

Explanations

14 CFR Part 21, Subpart H: Procedural requirements for issuing and changing design approvals, 

production approvals, airworthiness certificates, and airworthiness approvals

Section 91.203(a)(1) requires all civil aircraft to have a certificate of airworthiness. Part 21, 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 weight of the specified 

DJI Inspire 1 and Phantom 2 UAS aircraft (takeoff weights at 7 & 4 lbs., respectively) and the limited 

operating area associated with its utilization, it is unnecessary to go through the certificate of 

airworthiness process under Part 21 Subpart H to achieve or exceed current safety levels. 

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

333 of the Reform Act. The Federal Aviation Act 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 UAS 

involved. 

In this case, an analysis of these criteria demonstrates that the DJI aircraft operated without an 

airworthiness certificate, under the conditions proposed herein, will be at least as safe, or safer, than a 

conventional aircraft (fixed wing or rotorcraft) with an airworthiness certificate. The DJI aircraft weigh

less than 10 lbs. fully configured. They will not carry a pilot or passenger, will not carry flammable fuel, 

and will operate exclusively within an area pre-disclosed and in compliance with conditions set forth 

herein. Operations under this exemption will be tightly controlled and monitored by both the operator, 

pursuant to the conditions set forth above, and by local public safety requirements. The FAA will have 

advance notice of all operations through the filing of NOTAMs. Receipt of the prior permission of the 

land owner, the size of the aircraft, the lack of flammable fuel, and the fact that the aircraft is carried to 

the location and not flown there all establish the equivalent level of safety. 

 Lightweight (<10lbs), small form factor aircraft

 Powered by sealed lithium polymer batteries, eliminating fuel spillage or risk of fire

 Remote crew location, eliminating risk in the event of an incident

 Waypoint/Route programming capability, ensuring obstacle/obstruction avoidance

 Built in fail-safe modes (hover in place, return to home, autonomous landing)

After consideration of the size, weight, speed, and limited operating area associated with the aircraft 

and their operation, VLS believes exemption from 14 CFR Part 21 should be granted.
1325 W 24th St, Unit A, Houston, Texas 77008

Phone: 832-280-8003 | Email: info@virtualleasingsystems.com

6 | P a g e

14 CFR 45.23(a): Display of marks; general

The Inspire 1 & Phantom 2 aircraft do not have an entrance to a cabin, cockpit or pilot station in order to 

place required markings. Due to the size of the aircraft, 2 inch lettering is not possible. The aircraft will 

have a 1” marking denoting their tail number which will achieve an equivalent level of safety as required 

by §45.29(f) in which the pilot, observer, and others ground crew personnel attending to work on the 

aircraft will see each aircraft with a specific marking to denote aircraft serial number. Aircraft to be 

flown will be registered in accordance with 14 CFR part 47. 

VLS requests exemption be granted from 14 CFR Part 45.

14 CFR 61.113(a) and (b); 61.133(a): Private pilot privileges and limitations; Pilot in Command; 

Commercial Pilot Privileges and Limitations

VLS’ intent is to:

 Provide UAS services over property only with permission from landowner

 Display appropriate warning signage on all borders of property during operation

 Maintain high level UAS airmanship skillset via VLS currency & training requirements

 Ability to achieve equivalent level of safety required by current regulations

 As operation of UAS is fundamentally different than manned aircraft, the current level of air and 

ground instruction of all aircraft operators is sufficient for safe UAV operations. commercial pilot 

certificate as prescribed in Part 61.133 is outside the scope of the proposed unmanned aircraft 

operations as no carrying of persons or property will be performed. 

VLS believes exemption from 14 CFR 61.113(a) and (b); 61.133(a) should be granted.

14 CFR 91.7(a): Civil aircraft airworthiness

This regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. As 

there is no published standard for validating airworthiness condition of the DJI aircraft, VLS will abide by 

internal company process documentation to validate operational functionality which will achieve an 

equivalent level of safety by ensuring compliance with all maintenance and inspection manuals

(Supplemental Information, Part’s A through D).

VLS believes exemption from 14 CFR 91.7(a) should be granted.
1325 W 24th St, Unit A, Houston, Texas 77008

Phone: 832-280-8003 | Email: info@virtualleasingsystems.com

7 | P a g e

14 CFR 91.119(c): Minimum safe altitudes

Section 91.119 establishes safe altitudes for operation of civil aircraft. Specifically, 91.119(c) limits 

aircraft flying over areas other than congested areas to an altitude of 500 feet above the surface, except 

over open water or sparsely populated areas. In those cases, the aircraft may not be operated closer 

than 500 feet to any person, vessel, vehicle, or structure.

An equivalent level of safety will be achieved given the size, weight, speed, and material with which the 

DJI Inspire 1 & Phantom 2 are built. Flight operations will not occur without the permission of the land 

owner/authorized agent or those who control the land. Because of the advance notice to the 

landowner, all affected individuals will be aware of the unmanned flight operations. Compared to aerial 

survey operations conducted with aircraft or rotorcraft carrying flammable fuel, any risk associated with 

these operations will be far less than those currently allowed with conventional aircraft operating at or 

below 500 feet AGL. The low-altitude operations of the UAS will maintain separation between these 

small-UAS operations and the operations of conventional aircraft that must comply with Section 91.119.

The ideal altitude for the projects proposed within this request will be at or below 400 feet above 

ground level and standard operational procedures will provide for a constant airspace awareness to 

allow for maximum separation between small UAS operations and operations of conventional manned 

aircraft. Additionally, VLS operators and observers will display appropriate warning signage on all 

perimeters of surrounding property while UAV operations are in progress. 

VLS believes exemption from 14 CFR 91.119(c) should be granted, as an equivalent level of safety will be 

achieved.

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

The regulation requires that any person to 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.”

Given the size of the both DJI models proposed herein, they have no ability or place to carry such a flight 

manual onboard due to a lack of room or physical capacity. 

The equivalent level of safety will be achieved by keeping the flight manual’s (Supplemental 

Information, Part’s A through D) at the ground control point where the pilot flying the UAS will have 

immediate access to required flight manual documentation.

VLS believes exemption from 14 CFR 91.9(b)(2) should be granted, as an equivalent level of marking and 

documentation will be achieved.
1325 W 24th St, Unit A, Houston, Texas 77008

Phone: 832-280-8003 | Email: info@virtualleasingsystems.com

8 | P a g e

14 CFR 91.109(a) & 91.319(a)(1): Flight Instruction

These regulations provide 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. 

In operational configuration, the DJI Inspire 1 & Phantom 2 models are remotely piloted aircraft that do

not have fully functional dual controls. Flight control is accomplished through the use of a control box or 

ground control station that communicates with the aircraft via line-of-sight radio communications. The 

flight plan is pre-programmed into the autopilot before or during flight and may also receive manual 

pilot input control functions to alter the pre-programmed flight. If instruction is accomplished through a 

training program an equivalent level of safety will be assured. 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 (5778K & 9862A). The equivalent level of safety will be achieved by the 

manufacturer providing the training and through the use of experienced and qualified pilots familiar 

with the DJI aircraft.

VLS believes exemption from 14 CFR 91.109(a) & 91.319(a)(1) should be granted.

14 CFR 91.203 (a) & (b): Carrying Civil Aircraft Certification and Registration

This regulation provides as follows: 

(a) [...] no person may operate a civil aircraft unless it has [...] 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 DJI Inspire 1 & Phantom 2, when fully configured for flight operations, weigh no more than 10 lbs. 

As such, there is no ability or place to carry certification and registration documents or to display them 

on the UAS. In addition, there is no pilot on board the aircraft. 

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. The FAA has issued numerous 

exemptions to this regulation. A representative sample of other exceptions includes Exemptions 9565, 

9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700.

VLS believes exemption from 14 CFR 91.203 (a) & (b) should be granted, as the regulation is not 

applicable to DJI UAS.
1325 W 24th St, Unit A, Houston, Texas 77008

Phone: 832-280-8003 | Email: info@virtualleasingsystems.com

9 | P a g e

14 CFR 91.121: Altimeter settings

Section 91.121 requires aircraft operators to maintain cruising altitude or flight level by reference to an 

altimeter. 

VLS believes exemption from 14 CFR 91.121 should be granted, as the regulation is not applicable to 

either of the DJI UAS aircraft.

14 CFR 91.151(a)(1): Fuel requirements for flight in VFR conditions

Due to the DJI Inspire 1 & Phantom 2 UAS being battery powered, VLS believes exemption from 14 CFR 

91.151(a)(1) should be granted, as the regulation is not applicable.

14 CFR 91.405(a), 91.407(a)(1), 91.409(a)(1), 91.409(a)(2), 91.417(a)(b): Maintenance Requirements

Section 91.405(a) requires that an aircraft operator or owner “shall have that aircraft inspected 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 [...]” Section 91.407 similarly makes reference to 

requirements in Part 43; Section 91.409(a)(2) requires an annual inspection for the issuance of an air 

worthiness certificate. Section 91.417(a) requires the owner or operator to keep records showing 

certain maintenance work that has been accomplished by certificated mechanics, under Part 43, or 

licensed pilots and records of approval of the aircraft for return to service.

VLS has prescribed a specific process and inspection standard that will allow an equivalent level of safety 

to be achieved as a result of diligent and consistent maintenance. The aircraft operator is responsible for 

accurate status upkeep of the maintenance record to include the battery maintenance log, ensuring the 

VLS is in safe condition for flight operations, and ensuring all software is current prior to aircraft 

operation. Through this, VLS believes exemption from the listed regulations should be granted.

Summary

VLS believes that approval from the FAA will enhance efficiency and safety in any operation any of its 

available UAS conducts, due to reducing the need for manned aircraft. Due to its camera-only payload 

capability, lack of cargo, fuel or combustible materials in general, aircraft size, weight, and limited 

operating area, neither DJI UAS presents a major risk to individuals, nor poses any threat to National 

Security. While adhering to at least an equivalent level of safety of all current regulations, VLS firmly 

believes exemptions to the listed regulations should be granted, and operation of its UAS’ commercially 

should be permitted.