Vertical Access LLC, PO Box 4135, Ithaca, NY, 14852 1 

### UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION WASHINGTON, DC

Regulatory Docket No. _________________

In the Matter of Petition for Exemption of:

Vertical Access LLC

For an Exemption from the requirements of the

Code of Federal Regu l a tions Sections Concerning O peration of an Unmanned Aircraft System

Pursuant to Section 333 of the

FAA Modernization and Reform Act of 2012

Submitted April 28 , 2015 by : Vertical Access LLC Kent Diebolt, Founding Partner

PO Box 4135 Ithaca, NY 14852 Telephone: (607) 257

- 4049 Fax: (607) 257

- 2129 kent@vertical

- access.comVertical Access LLC, PO Box 4135, Ithaca, NY, 14852 2 

## Contents

I. Pet itioner’s Description

II. Relevant Statutory Authority

III. Qualifications for Approval under Section 333

of the Reform Act

IV. Training and Proposed Operations

V. Regulations from which Exemption is Requested

VI. Public Interest

VII. Privacy

VIII. Publication Summary

IX. ConclusionVertical Access LLC, PO Box 4135, Ithaca, NY, 14852 3 

## I. Petitioner’s Description

Vertical Access LLC is a specialized, building facades and infrastructure consulting firm based in Ithaca, NY with branch offices in New York, NY , Washington, DC, Salt Lake City, UT, and Guilford, CT. For over 20 years, Vertical Access has delivered outstanding investigation and testing services while providing creative solutio ns to access challenges on all ty pes of buildings and structures. In doing so, Vertical Access has nurtured a strong commitment to safety in regards to its employees and the general public.

Vertical Access wishes to continue its ever evolving

, speci aliz ed services with an exemption , pursuant to Section 333 of the Federal Aviation Administration ( FAA )

Modernization and Reform Act of 2012 (the Reform Act)

, from Federal Aviation Regulations (FARs) identified below, allowing commercial operations of small

unmanned a ircraft systems ( UAS).

The petitioner’s contact information is as follows:

Vertical Access LLC Kent Diebolt, Founding Partner

PO Box 4135 Ithaca, NY 14852 Telephone: (607) 257

- 4049 Fax: (607) 257

- 2129 kent@vertical

- access.com



## II. Relevant Statutory Authority

This petition for exemption is submitted to fulfill Congress’ goal in passing Section 333 (a) through (c) of the Reform Act. Con g ress has directed the FAA “to safely accelerate the integration of civil unmanned aircraft systems into the national airspace system.” Pursuant to Section 333 of the Reform Act, the FAA Administrator is to consider whether

cer tain UAS may operate safely in the National Airspace (NAS) before completion of the formal UAS rulemaking, based on the following considerations:

 The UAS’s size, weight, speed, and operational capability;

 Operation of the UAS in close proximity to airpor ts and populated areas; and

 Operation of the UAS within the visual line of sight of the

operator.

Pursuant to 49 U.S.C. § 44701 (f), the FAA Administrator has authority to grant exemptions if the request is found to be in the public interest.Vertical Access LLC, PO Box 4135, Ithaca, NY, 14852 4 

## III. Qu alifications for Approval under Section 333 of the Reform

Act

The proposed operations in this petition for exemption qualify for expedited approval under Section 333 of the Reform Act. Each of the statutory criteria and other potential

relevant factors a re satisfied.

The proposed operations would permit the use of small and relatively inexpensive UAS under controlled conditions in airspace that is: (1) identified; (2) predetermined , and ; (3)

co ntrolled as to access. The use of UAS would also provide a higher level of safety than exists when rope access technicians are asked to gain access , and is therefore, in the public interest

.

The UAS to be used weighs less than three (3) pounds, including payload. Operation of

the aircraft will be limited to use during ideal weather conditions (good visibility , no precipitation, and winds under 15 knots). The aircraft has the ability to hover and move

in the horizontal and ver tical planes simultaneously. The UAS will not be operated at speeds greater than 27 knots. The UAS will be operated within visual line of sight (VLOS) of the pilot in command (PIC) with the aid of a visual observer (VO).



## IV. Training and Proposed Operations

A. Training

Vertical Access has established a training program for the PIC and VO . The PIC

will be a n FAA licensed airman with at least a private pilot certificate and a third

class medical certificate. The VO will assist the PIC in all UAS operations from the onset of training and hold considerable knowledge in the use and maintenance

of UAS

.

The PIC training will involve 25 hours of UAS flight training. This training will include 250 flight cycles (takeoffs and landings) and 10 of the 25 hours will involve the DJI Phantom 2 that will be used in Vertical Access’ proposed UAS operations. All pilot training will be documented in the Vertical Access Pilot and Aircraft L ogs

.Vertical Access LLC, PO Box 4135, Ithaca, NY, 14852 5 B. Proposed Operations

Proposed UAS operations by Vertical Access would be limited to certain projects

whose location is suited for the safe use of the UAS. The use of the U AS will be

evaluated prior to and specifically for each project’ s vicinity.

V ertical Access seeks to use UAS in its ever

- evolving inspection services. The requested exemption would allow Vertical Access to provide inspection services to consumers interested in aerial data capture using a small, technologically

advanced UAS for :

 Buildings

 Chimneys

 Bridges

 Dams

 Other i nfrastructure

The proposed operations will occur over private and/or controlled access property with the owner’s prior consent. In the event operations wil l be conducted over public lands, a pre

- determined area will be identified and all permissions will be acquired from official personnel and affected organizations. The area for operations will be pre

- determined, limited, and controlled as to access.

Al l operations will fol low parameters set forth in the Vertical Access Flight Operations Manual as follows:

 With an FAA granted exemption, Vertical Access will obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or Authorization (COA) for each UAS operation. In accordance with the COA, Vertical Access will request a Notice to Airmen (NOTAM) not more than 72 hours in advance, but no less than 48 hours prior to the operation.

 All UAS operations will involve a minimum of two (2) Vertical Ac cess personnel, consisting of the PIC and VO.

 Flights will only occur in favorable weather conditions during daylight

hours. Weather affecting operations include, but are not limited to, precipitation, wind above 15 knots, limited visibility due to fog or clouds, and lightning.

 All UAS flights will remain in visual line of sight (VLOS) at all times

.

 When flights occur within 5 nautical miles of an airport reference point, Vertical Access will obtain a letter of agreement with the airport’s

management a nd conduct operations in accordance with a NOTAM, as required by the approved COA.

 UAS flights will be terminated at 30 minutes or when battery power is reduced to 25%, whichever comes first.

 The UAS will be programmed to not fly above 400 feet above gro und level (AGL).Vertical Access LLC, PO Box 4135, Ithaca, NY, 14852 6  When necessary, the UAS may also be programmed to not fly outside of a designated, controlled area.

 PIC will be an FAA licensed airman with a private pilot licen se and a

third

- class medical certificate.

 The UAS will weigh less than 3 pounds including payload.

 The UAS will not operate at speeds over 27 knots.

 The UAS has the capability to hover in place, and move in the horizont al and vertical planes simultaneously.

 The PIC will routinely reference the Ver tical Access UAS Flight

Checklist during operations to ensure the maintenance and airworthiness of the aircraft, and to ensure general safety during flight operations.

 Vertical Access will follow the UAS manufacturer’s maintenance, overhaul, replacement, inspection, and life limit requirements.

C. Unmanned Aircraft System

Vertical Access’ proposed UAS operations would use a Phantom 2 quadrocopter

with a Zenmuse H3

- 3D camera gimbal, both manufactured by DJI. The Zenmuse

H3

- 3D camera gimbal will hold a GoPro Hero 3 for capturing photographs and video. The total weight of the Phantom 2 including payload is 2 pounds, 14.138

ounces.

The aforementioned Phantom 2 utilizes the DJI Naza

- M V2 flight control system. The aircraft has the capability to hover, an d move in the vertical and horizontal plane simultaneously. The aircraft is equipped with a global positioning system (GPS), Inertial Measurement Unit (IMU), and Compass that work in unison to

stabilize the aircraft and render safety features. The aircr aft can be programmed to not fly above 400 feet AGL and to not fly outside of a pre

- determined flight zone. These systems will also initiate the failsafe function. If the aircraft looses the signal from the transmitter, the GPS system will automatically initiate the failsafe mode and fly the aircraft back to a p re

- determined location and land automatically.Vertical Access LLC, PO Box 4135, Ithaca, NY, 14852 7 

## V. Regulations from which Exemption is Requested

Vertical Access seeks exemption of the following FAR’s

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

B. 14 CFR § 61.56 Flight review

C. 14 CFR § 61.113: Private pilot privileges and limitations: Pilot in

command

D. 14 CFR § 91.7(a): Civil aircraft airworthiness

E. 14 CFR § 91.119(c): Minimum safe altitudes

F. 14 CFR § 91.121: Altimeter settings

G. 14 CFR § 91.151(a) : Fuel requirements for flight in VFR conditions (day)

H. 14 CFR §§ 91.405(a): Maintenance required; 91.407(a)(1): Operation after maintenance, preventative maintenance, rebuilding, or alteration; 91.409(a): Inspe ctions; 91.417 (a)(b): Maintenance records

A. 14 CFR Part 21; Subpart H: Airworthiness Certificates and 14 CFR §91.203(a)(1)

Vertical Access requests an exemption from 14 CFR Part 21, Subpart H, which establishes the procedures for attaining airworthi ness certificates required by 14 CFR § 91.203(a)(1). The Reform Act allows the FAA to exempt aircraft from the requirement of an airworthiness certificate in consideration of the size, weight, speed, operational capability, and proximity to airports and p opulated areas of the particular UAS.

Equivalent Level of Safety

The UAS to be operated is the DJI Phantom 2, weighs less than 3 pounds including payload, carries no pilot or passengers, carries no flammable liquid fuels, and operates

with in a pre

- dete rmined flight zone. Furthermore, the PIC and VO will determine the airworthiness of the Phantom 2 prior to each flight, by adhering to safety guidelines s et
forth in the Phantom 2 User Manual , the Vertical Access Flight Operations Manual

, and the Vertical Access UAS Flight Checklist

.

B. 14 CFR § 61.56: Flight review

Vertical Access requests exemption from 14 CFR § 61.56, which subjects the pilot in command (PIC) to flight re view requirements consisting of one ( 1 ) hour of flight time in

an air craft in which the PIC is rated on his or her pilot certificate and one ( 1 ) hour of ground training. The flight review requirements set forth in 14 CFR § 61.56 would have

little relev ance to the safe operation of the small UAS intended for use in Vertical Access’ operations

.Vertical Access LLC, PO Box 4135, Ithaca, NY, 14852 8 Equivalent Level of Safety

An equivalent level of safety will be achieved by following t he training procedures in the

Phantom 2 User Manual and the Vertical Access Flight Operations Manual

. The

Vertical Access Flight Operations Manual requires the PIC to be subject to test, or currency flights, in between and leading up to official operations to ensure skills and safety. Currency flights will occur on a monthly base, as needed, and consist of at least

one (1) hour of flight with the DJI Phantom 2, including at least 10 take

- offs and landings.

C . 14 CFR § 61.113: Private pilot privileges and limitations: Pilot in command

Vertical access requests a n exemption from 14 CFR § 61.113, limiting private pilots to

non

- commercial operations. However, the UAS will not carry pilots, passengers, or any living thing and be restricted to a flight zone that is predetermined and controlled as to

access. The risk s associated with the UAS operations are far diminished from the risks associated with commercial operations envisioned by 14 CFR Part 61, when drafted.

Equivalent Level of Safety

Proposed UAS operations will obtain an equivalent level of safety

, as th e aircraft will carry no living thing on board. The level of safety provided by the requirements set forth

in the Vertical Access Flight Operations Manual exceeds that provided by a single individual holding a commercial pilot certificate operating a conventional aircraft.

D

. 14 CFR § 91.7(a) Civil aircraft airworthiness

Vertical Access requests an exemption from 14 CFR § 91.7(a), which requires that civil aircraft be in airworthy condition to be operated. Since the Phantom 2 has no

airworthiness ce rtificate, there is no regulatory standard for determining the airworthiness

of the UAS.

Equivalent Level of Safety

In accordance with 14 CFR § 91.7(b), the PIC will determine whether the UAS is in a

condition for s afe flight by complying with procedures in the Phantom 2 User Manual

, the Vertical Access Flight Operations Manual

, and the Vertical Access UAS Flight

Checklist

.

E . 14 CFR § 91.119(c) Minimum safe altitudes

Vertical Access requests an exemption from 14 CFR § 91.119(c), which establishesVertical Access LLC, PO Box 4135, Ithaca, NY, 14852 9 mini mum safe altitudes “ over other than congested areas ,” in which an aircraft below 500 feet AGL may not operate closer than 500 feet to any person, vessel, vehicle, or structure. In order to provide the intended inspection services, the UAS will be operated below 500 feet AGL and closer than 500 feet to persons, vessels, vehicles, and structures.

Equivalent Level of Safety

Operation of the UAS is safer than traditional aircraft due to its small size, lightweight, lack of flammable fuel, and limited speed. Additionally, no flight will occur without the permission of the property owner or local officials

. With advanced notice given, all property owners and affected persons will be aware of all UAS operations. T he UAS will be operated in a restricted a nd controlled area . Under no circumstances will the UAS be operated so close to persons, vessels, vehicles, or structures as to present an undue hazard

F . 14 CFR § 91.121: Altimeter settings

Vertical Access requests an exemption from 14 CFR § 91.121, which states that when operating below 18,000 feet MSL, aircraft not equipped with a radio shall set an altimeter

to the elevation of the departure airport or an appropriate altimeter setting available before departure. An exemption is required because the UAS is not equipped with a user

configurable barometric altimeter.

Equivalent Level of Safety

Complying with the pre

- f light procedures in the Phantom 2 User Manual and verifying the GPS altitude before each flight will provide an equivalent level of safety. During flight, the Phantom 2 provides an Above Ground Level (AGL) reading in relation to its

takeoff location. The altitude will be closely monitored during flight, keeping the UAS below 400 feet AGL, ensuring operations at safe altitudes. Furthermore, the UAS will

remain within VLOS of the PIC and VO at all times.

G . 14 CFR § 91.151(a) : Fuel requirements for fli ght in VFR conditions (day)

Vertical Access requests an exe mption from 14 CFR § 91.151(a) , which states than no person may begin a flight unless there is enough fuel to fly to the first point of intended landing and, assuming normal cruising speed to fly after that for at least 30 minutes. The battery powering the Phantom 2 provides approximately 25 minutes of total flight time. It is therefore impossible for the UAS to meet the requirement of this section.

Equivalent Level of Safety

Planning all flights with the intent to land after 30 minutes or at 25% battery power remaining , whichever comes first, will provide an equivalent level of safety. Additionally, unlike traditional aircraft, the UAS will always be within VLOS and haveVertical Access LLC, PO Box 4135, Ithaca, NY, 14852 10 no significant transit ti me to or from the landing area. Vertical Access will only operate the UAS in daytime VFR conditions within VLOS.

H . 14 CFR §§ 91.405(a) Maintenance r equired; 91.407(a)(1) Operation after maintenance, preventative maintenance, rebuilding, or alteration; 9 1.409(a) Inspections; 91.417(a) and (b) Maintenance records

Vertical Access requests an exemption from the maintenance and inspections requirements of 14 CFR § 91.405(a), 91.407(a)(1), 91.409(a), and 91.417(a) and (b). These regulations apply to maintenance of aircraft holding an airworthiness certificate, which the Phantom 2 does not have. Therefore an exemption is required.

Equivalent Level of Safety

An equivalent level of safety will be achieved by ensuring that the UAS is in working order pr ior to initiating flight, performing required maintenance, and keeping a log of any maintenance performed. All maintenance and inspections will be performed in

accordance with the Phantom 2 User Manual and the Vertical Access Flight Operations

Manual

.



## VI. Public Interest

An exemption for Vertical Access to use UAS commercially would help to fulfill Congress’ goal in assessing whether certain U AS may operate safely in the NAS

.

The exemption is in the public interest as it offers a safer and more cost

- effective option for inspecting buildings, chimneys, bridges, dams, and other infrastructure than other

traditional methods.

The use of a small, relatively inexpensive, an d lightweight UAS of fers a safer alternative to industrial rope

- access methods. Such methods put human climbers on these structures, exposing them to the inherent risks of working at extreme heights.

A small UAS is also a safer alternative method to the use of articulatin g boom cranes for

under

- bridge inspections. These methods subject human operators to the risk of falls

from he ight, entrapment due to mechanical failures, and the dangers of moving traffic nearby. Furthermore, these methods require coordination to close traffic lanes, reducing

traffic flow. Vehicles

, including the boom truck and associated work vehicles

, are parked in lanes directly adjacent to moving traffic putting public motorists and workers at

increased risk.Vertical Access LLC, PO Box 4135, Ithaca, NY, 14852 11 Lastly, UAS operations would provide a higher level of safety than inspection services for buildings, chimneys , bridges, dams, and other infrastructure using manned aircraft. Such operations put pilots and crewmembers at risk. Lightweight and powered by batteries, the UAS provides a much s afer option than that of a large and extremely heavy aircraft laden with highly explosive fuel.



## VII. Privacy

As mentioned above, all flights will occur in an area that is pre

- determined, limited, and controlled as to access. Privacy will not be an issue where flights occur over private property. In the event flights wi ll occur over public lands, prior permission will be requested from all official personnel and organizations relevant to the pre

- determined flight zone.



## VIII. Publication Summary

The petitioner, Vertical Access LLC, seeks exemption from the following ru les to commercially operate UAS in the N ational Airspace for inspections of : (1) buildings, (2) chimneys, (3) bridges, (4) dams, and (5 ) other infrastructure.

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

14 CFR § 61.56 Flight review

14 CFR § 61.113: Private pilot privileges and limitations: Pilot in

command

14 CFR § 91.7(a): Civil aircraft airworthiness

14 CFR § 91.119(c): Minimum safe alt itudes

14 CFR § 91.121: Altimeter settings

14 CFR § 91.151(a)(1)(2): Fuel requirements for flight in VFR conditions (day)

14 CFR §§ 91.405(a): Maintenance required; 91.407(a)(1): Operation after maintenance, preventative maintenance, rebuilding, or alteration; 91.409(a): Inspections; 91.417 (a)(b): Maintenance recordsVertical Access LLC, PO Box 4135, Ithaca, NY, 14852 12 

## X. Conclusion

Vertical Access LLC respectfully submits this request for expedited exemption under Section 333 of the Reform Act. Given the small size of the UAS, the willingness of Vertical Access to gain all necessary permissions, and the commencement of clear and well planned operat ions and maintenance programs, the commercial, UAS use by

Vertical Access cause s no threat to the general public or others using the National Airspace

.

________________________ Submitted April 28 , 2015 by : Vertical Access LLC Kent Diebolt, Foundi ng Partner

PO Box 4135 Ithaca, NY 14852 Telephone: (607) 257

- 4049 Fax: (607) 257

- 2129 kent@vertical

- access.com