Vertical Approach Aerial Solutions, LLC

126 Waverly Way

Aledo, TX 76008

April 11th, 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 Approach Aerial Solutions, LLC 

(Operator) seeks an exemption from Federal Aviation Regulations (FARs) to allow 

commercial operations of their UASs (Unmanned Aerial Systems) for the purpose of 

conducting aerial photography, video, and survey for various industries.

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 outlined herein or as 

may be established by the FAA as required by Section 333. Like the FAA, it is 

the Operator’s mission to provide the safest and most efficient means of Civil 

Commercial implementation into the National Airspace System (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 understanding of the NAS 

and FARs.

 DJI Inspire 1 – Reference Inspire 1 User Manual (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. 
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2. Reference Inspire 1 Maintenance Manual v1.0

3. Reference Inspire 1 User Manual (EN) v1.0 [FCC Compliance – Appendix Pg 62]

Regarding the Unmanned Aircraft PIC

4. Operator proposes to operate its UASs with a pilot holding, at a minimum, a 

private pilot certificate.

 The UAS PIC 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 familiarization with the user manual 

published by the UAS manufacturer. Training will also include types of 

maneuvers to be performed and the safe operation in relation to persons, property 

and applicable airspace.

 The PIC must have accumulated a minimum of 100 flight cycles and 25 

hours of total time as a UAS pilot and at least 10 hours logged as a UAS’s

pilot with a similar UAS type. 

 All operations must utilize Visual Observers (VOs). VOs 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 PIC must possess at least a third-class airman medical certificate for all of 

petitioner’s flight operations. 

Regarding the Operation of the Unmanned Aircraft

6. Operator proposes Civil Commercial operation of an UAS to operate in the 

following manner:

 Aerial photography and/or video for public and/or private use including real 

estate, architecture, land surveying, engineering and other related professional 

activities.

 Aerial video and/or photography for public and/or private use including 

television, public events, cinematography and news gathering.

 Aerial inspection/photography of residential/commercial structures under contract 

with the owners or local government authority.
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 Aerial inspection/photography of residential/commercial utility infrastructure 

including but not limited to electrical power lines, wind turbines and cell towers.

 Aerial video/photography or providing live 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.

 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.

 For additional operator adherence:

o Reference – Inspire 1 Safety Guidelines v1.0

7. The UAS may not be flown at an indicated airspeed exceeding 29 knots (15 m/s). 

The UAS must be 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 PIC. 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.

 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) 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.”

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
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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. 

9. The UAS may not operate within 5 nautical miles of an airport reference 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. 

10. The UAS 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. 

11. Reference – Inspire 1 Safety Guidelines v1.0

12. Operator’s Point of Contact – Mr. Chris Doherty

North Texas FSDO

8700 Freeport Parkway

Suite 225

Irving, TX 75063

13. Operator will obtain required COAs once exemption is granted. 

Exemption Requests and Equivalent Level of Safety

14 CFR Part 21, Subpart H: Airworthiness Certificates 14 CFR § 91.203 (a)(1)

Based on the limited size, weight, operating conditions, design safety features, and 

the imposed conditions and limitations, Operator has demonstrated that its operations 

would not adversely affect safety compared to similar operations conducted with 

aircraft that have been issued an airworthiness certificate under 14 CFR part 21, 

Subpart H. Therefore, as the FAA found for Astraeus Aerial, Exemption 11062, the 

requested relief from 14 CFR Part 21, and any 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 

systems for small UAS have not yet been established for operations inside the NAS. 
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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 the 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 provides:

(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 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. 

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 

adversely affect operations in the NAS or present a hazard to persons or property on 

the ground.

14 CFR § 91.7 (a) & (b) - Civil aircraft airworthiness

This regulation provides:

(a) No person may operate a civil aircraft unless it is in an airworthy 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 unairworthy mechanical, electrical, or structural conditions occur. 

While the operator’s UAS will not require an airworthiness certificate, operator is 

required to ensure that its aircraft is in an airworthy condition – based on compliance 

with the operating documents prior to every flight. As previously determined with 

Astraeus Aerial, Exemption 11062, relevant materials may be kept in a location 

accessible to the PIC in compliance with the regulations. 

14 CFR § 91.9 (b)(2) - Civil Aircraft Flight Manual, marking, and placard 

requirements
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14 CFR § 91.203 (a) & (b) - Civil aircraft: Certifications required

As previously determined with Astraeus Aerial, Exemption 11062, relief from these 

sections are not necessary. Relevant materials may be kept in a location accessible to 

the PIC 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 currently 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 type" 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 typical mission of this UAS would be photography or survey of persons, 

vessels, vehicles or structures it would be necessary to operate closer than 500 feet to 

the items listed. 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 safely, as outlined in 91.119. We believe the slower speed, 

smaller mass and careful pre-planning would provide an equivalent level of safety. 

Furthermore, Operator can place barriers and/or structures to sufficiently protect 

nonparticipating person from the UA or debris in the event of an accident.

14 CFR § 9l.l21 - Altimeter settings

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 will normally be flying close to the ground, and in line of sight of the PIC 

or an observer. This line of sight operation will provide separation from other aircraft, 

obstructions and terrain providing an equivalent level of safety. Additionally, the 

altitude information generated by onboard GPS equipment installed on the aircraft 

will aid in estimating the altitude.
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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 dayVFR 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 should there be a 

delay in landing. Given the close proximity to the ground station, 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 § 91.205 (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 system or which has not subsequently been certified with 

such a system 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 postflight checks for the UAS is sufficient to 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