Vertical Approach Aerial Solutions , LLC

126 Waverly

Way Aledo, TX 76008 April 11 th , 2015 Docket Operations, M

- 30 U.S. Department of Transportation Room W12
- 140, West Building Ground Floor 1200 New Jersey

Avenue, SE. Washington, DC 20590

- 0001

Re: Exemption Request under Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations
Dear Sir or Madam : Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”) and 14 C.F.R. Part 11, Vertical Ap proach Aerial Solutions , LLC (Operator) seeks an exemption from Federal Aviation Regulations (FARs) to allow commercial operations of their UASs (Unmanned Aerial Sy stems) for the purpose of conducting aerial pho tograph y, video , and survey for various indus tries. **Regarding the Unmanned Aircraft Systems** 1. The requested exemption would support an application for a commercial Certificate of Authorization (COA) to use the below described UAS , so long as operations are conducted within and under the conditions outl ined herein or as may be established b y the FAA as required b y Section 333. L ike the FAA, it is the O perator’s mission to provide the safest and most efficient means of Civil C ommercial implementation into the National Airspace S ys tem (NAS)
. Furthermore, the Operator is comprised of members with the equivalent of a FAA Commercial Certificate or higher adding an additional layer of high regard for safe operations as well as the necessary high

- level of understand ing of the NAS and FARs.

 DJI I nspire 1

– Reference Inspire 1 User Manua l (EN ) v1.0

 The Inspire 1 is a quadcopter UAS capable of capturing 4K video and transmitting an HD video signal to a ground station . Equipped with retractable landing gear, it can capture an unobstructed 360 degree view from its camera. The built

- in camera has an integrated gimbal to maximize stability

and weight efficiency

while minimizing space. When no GPS signal is available, Vision Positioning technology provides hovering precision.Docket Operations

April 11, 2015 Page 2
2. Reference Inspire 1 Maintenance Manual v1.0 3. Reference Inspire 1 User Manual (EN) v1.0 [FCC Compliance

– Appendix Pg 62] **Re garding the Unma**  **n ned Aircraft PIC**  4. Operator proposes to operate its UAS s with a pilot holding, at a minimum, a private pilot certificate
.
 The UAS PI C will be trained in advance for the safe operation of the UAS to be operated. This will include operation of the UAS both in normal and emergency modes of operation, and will include fa miliarization with the user manual published by

the UAS manufacture r. Training will also include ty pes of maneuvers to be performed and the safe operation in relation to persons, property and applicable airspace.

 The PI C must have accumulated a minimum of 100 flight cy cles and 25 hours of total time as a UA S pilot and at least 10 hours logged as a UA S’s pilot with a similar U A S ty pe .
 All operations must utilize Visual Observers (VO s ) . VO s who are not pilots will attend ground training to understand the roles of an observer, communication procedures, and proper visual scan techniques, operations at non

- towered airports, and appropriate sections of the Aeronautical Information Manual. 5. The PI C must possess at least a third

- class airman medical certificate for all of petitioner’s flight operations. **Regarding the Ope ration of the Unmanned Aircraft**  6. Operator proposes Civil Commercial operation of an UAS to operate in the following manner:

 Aerial photograph y and/or video for public and/or private use including real estate, architecture, land survey ing, engineering and other related professional activities.

 Aerial video and/or photography for public and/or private use including television, public events, cinematograph y and news gathering.

 Aerial inspection/photography of residential/commercial structures under cont ract with the owners or local government authority.Docket Operations

April 11, 2015 Page 3

 Aerial inspection/photography of residential/co mmercial utility infrastructure including but not limited to electrical power lines, wind turbines and cell towers.

 Aerial video/photography or providing l ive video feed (so as long as all other parameters are met contained herein) 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.

 T he ability

to offer training to persons individually or belongin g 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 safet y of the National Airsp ace Sy stem (NAS) as well as for the protection of the persons and propert y.

 For additional operator adherence: o Reference

– Inspire 1 Safety Guidelines v1.0 7. The UA S may

not be flown at an indicated airspeed exceeding 29 knots (15 m/s). The UA S must b e operated at an altitude of no more than 400 feet above ground level (AGL). 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 PI C. UAS operation s 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.

 A briefing will be performed regarding the planned UAS operations prior to each day ’s flight consisting of all the days’ production activities.

 Flights will be terminated at 20% battery power. 8. As described fully

above , the requested exemption would permit the operation of an UAS under controlled conditions in the NAS that would be a) limited b) controlled c) predetermined and d) wil l provide safety enhancements to the alread y s afe operations in the industry presentl y u sing conventional aircraft. Approval of this exemption wou ld thereb y enhance safety and fulfill the Secretary of Transportation’s (the FAA Administrator’s) responsibilities to “....establish requirements for the safe ope ration of such aircraft systems in the national airspace sy stem.” Given the small size of the U AS and the controlled environment provided , the proposed operations will adhe re to the Reform Act’s safety requirements. The approval of this applicatio n presents no national security issues. Regarding theDocket Operations

April 11, 2015 Page 4 level of safety

surrounding the proposed operation s and the public benefit, reduction in environmental impacts, including but not limited to reduced emissi ons and noise, the grant of the requested exemption is in the public interest. 9. The UA S may

not operate within 5 nautical miles of an airport refe rence point as denoted on a current FAA

- published aeronautical chart unless a letter of agreement with the airport’s management is obtained, and the operation is conducted in accordance with a Notice to Airmen (NOTAM), as required by the operator’s COA. 1 0. The UA S must be operated within the visual line of sight (VLOS) of the PI C and VO at all times. The VO may be used to satisfy

the VLOS requirement as long as the PI C alway s maintains VLOS capability . The VO and PI C must be able to communicate verbally at all times. Electronic messaging or texting is not permitted during flight operations. 11. Reference

– Inspire 1 Safety Guidelines v1.0 12. O perator’s Point of Contact

– Mr. Chris Doherty

North Texas FSDO 8700 Freeport Parkway Suite 225 Irving, TX 75063 13. Operator will obtain required COA s once exemption is granted. **Exemption Requests and Equivalent Level of Safety 14**  **CFR Par**  **t 21, Subpart H: Airworthiness C**  **ertificates 14**  **CFR §**  **91.203 (a)(1)** Based on the limited size, weight, operating conditi ons, design safety features, and the imposed conditions and limitations, Operator has demonstrated that its operations would not adversel y affect safety compared to similar operations conducted with aircraft that have been issued an airworthiness certifica te under 14 CFR part 21, Subpart H. Therefore, as the FAA found for Astraeus Aerial, Exemption 11062, th e requested relief from 14 CFR P art 21, and an y associated noise certification and testing requirements of part 36, is not necessary
. **14 CFR**  **§ 45.23**  **(b)**

**– Display of marks**  Since Operator’ s UAS has no entrance to the cabin, cockpit, or pilot station on which the markings can be placed, two inch lettering will be impossible. Official marking sy stems for small UAS have not yet been established for oper ations inside the NAS.Docket Operations

April 11, 2015 Page 5 Operator is prepared to mark the UAS with the name of the organization and location nor origin and fulfill any other request by the FAA to this topic in accordance with 45.29 (f) where the pilot, observer, and others working with th e sUAS will see the identification of the sUAS. The FAA has issued the following exemptions to this regulation, see Exemption Nos. 8738, 10167, 10167A and 10700. **14 CFR §**  **61.113 (a) &**  **(b) -**  **Private pilot privileges and limitations** This regulation provid es: (a) This regulation provides that no person that holds a private pilot certificate may act as pilot in command of an aircraft for compensation or hire. (b) This allows a private pilot to act as pilot in command of an aircraft in connection with any business or employ

ment if: (1) The flight is only incidental to that business or employ

ment; and (2) The aircraft does not carry passengers or propert y for compensation or hire. All the requirements of a private pilot certificate will prepare the UAS operator for the environment that they will be operating in. *Please reference Grant of Exemption No. 11062 to Astraeus Aerial (Astraeus), the FAA determined that a PIC with a private pilot certificate operating a UAS would not adversel y affect operations in the NAS or present a hazard to persons or property on the ground. **14 CFR § 91.7 (a)**  **& (b) -**  **Civil aircraft a irworthiness**  This regulation provides: (a) No person ma y operate a civil aircraft unless it is in an airworth y condition. (b) The pilot in command of a civil aircraft is responsible for determining whether that aircraft is in condition for safe flight. The pilot in command shall discontinue the flight when u nairworthy mechanical, electrical, or structural conditions occur. While the operator ’s UAS will not requir e an airworthiness certificate, o perator is required to ensure that its aircraft is in an airworthy condition

– based on compliance with the operati ng documents prior to every flight . As previously

determined with Astraeus Aerial, Exemption 11062, relevant materials may be kept in a location accessible to the PI C in compliance with the regulations. **14 CFR §**  **91.9 (b)(2)**  **- Civil Aircraft Fl**  **ight Manual** 

**, marking, and placard requirements** Docket Operations

April 11, 2015 Page 6
**14 CFR §**  **91.203 (a) & (b) -**  **Civil aircraft: Certifications required** As previously

determined with Astraeus Aerial, Exemption 1106 2, relief from these sections are not necessary . Relevant materials may be kept in a location accessible to the PI C in compliance with the regulations. **14 CFR §**  **91.109 -**  **Flight instruction: Simulated instrument flight and certain**  **flight tests** This regulation provides that "No person may operate a civil aircraft that is being used for flight instruction unless that aircraft has fully functioning dual controls." The controls for a UAS do not currentl y have a set of fully functioning dual controls. If a UAS’s pilot is being trained, the pilot performing the training would be directly supervising and could take over the controls from the pilot in training if the need arose. This would be similar to the technique of a "throw

- over t ype" control wheel in some fixed wing aircraft. We feel that this technique meets the intent 91 .109 and provides an equivalent level of safety. **14 CFR §**  **91.119 -**  **Minimum safe altitudes** This regulation provides that over sparsely populated areas the aircraft cannot be operated closer than 500 feet to any person, vessel, vehicle, or structure. Since the ty

pical mission of this UAS would be photograph y or survey

of persons, vessels, vehicles or structures it would be necessary to operate closer than 500 feet to the items lis ted. Operations will only be flown over property or persons where permission has been obtained, and careful pre

- planning has been performed. Further, UAS aircraft operate at a very slow airspeed, and a low mass, and do not need as much space to operate saf ely , as outlined in 91.119. We believe the slower speed, smaller mass and careful pre

- planning would provide an equivalent level of safet y. Furthermore, Operator can place barriers and/or structures to sufficientl y protect nonparticipating person from the UA or debris in the event of an accident. **14 CFR §**  **9l.l21 -**  **Altimeter s**  **ettings** This regulation provides that aircraft shall maintain cruising altitudes by reference to an altimeter setting available within 100 nautical miles of the aircraft. The UAS w ill normally

be flying close to the ground, and in line of sight of the PI C or an observer. This line of sight operation will provide separation from other aircraft, obstructions and terrain providing an equivalent level of safet y. Additionally , the altitude information generated b y onboard GPS equipment installed on the aircraft will aid in estimating the altitude.Docket Operations

April 11, 2015 Page 7 **14 CFR §**  **91.151 -**  **Fuel requirements for flight in VFR conditions** This regulation provides that no person may begin a flight in an airplane under day

VFR conditions unless there is enough fuel to fly to the first point of intended landing and to fly after that for at least 30 minutes. We feel the intention of this paragraph it to provide a reasonable reserve of energy to plan for a safe landing shoul d there be a delay in landing. Given t he close proximity to the ground statio n, the ability for the UAS to land in a very

small space and the built in energy level monitoring of the UAS there is a resulting equivalent level of safety if the flight is planned to be completed with 20% battery energy remaining. We request an exemption to the word "fuel" and ask for an equivalent interpretation with the word "energy". **14 CFR § 91.20**  **5 (b)**

**– Powered civil aircraft with standard category U.S.**  **airworthiness certificates: Instrument and equipment requirements** Since the Operator’s UAS does not have a standard category U.S. airworthiness certificate, relief from 14 CFR § 91.205 is not necessary . **14 CFR § 91.215 -**  **ATC transponder and altitude reporting equipment and use** Section 91.215 (b)(3) includes provision for aircraft not originally certificated with an engine

- driven electrical sy stem or which has not subsequently been certified with such a s ys tem installed. For UAS not equipped with a transponder, sub

- paragraph (d)(3) authorizes requests for ATC authorized deviations made to the ATC facility having jurisdiction over the concerned airspace within the time periods specified. For operation of an aircraft that is not equipped with a transponder, the request must be made at least one hour before the proposed operation. **14 CFR § 91.**  **401**

**– 91.417** 

**– Maintenance**  **, preventive maintenance, and alterations** This regulation provides that the operator is primarily responsible for maintaining the aircraft in an airworthy condition, including compliance with part 39 and 43. Operator believes that adherence to their documents containing preflight and post

flight checks for the UAS is sufficient t o ensure that safety is not adversely affected. Respectuflly , /s/ Josh Taylor Owner, Vertical Approach Aerial Solutions, LLC Phone: 817.781.8515 e - mail: josh@verticalapproach.com