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 Regulations Sections

Concerning Operation 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.com
Vertical Access LLC, PO Box 4135, Ithaca, NY, 14852 2

Contents

I. Petitioner’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. Conclusion
Vertical 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 solutions to access 

challenges on all types 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, specialized 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 aircraft 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. Congress 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 

certain 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 airports 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. Qualifications 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 are 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) 

controlled 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 vertical 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 an FAA licensed airman with at least a private pilot certificate and a thirdclass 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 Logs. 
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 UAS will be 

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

Vertical 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 infrastructure

The proposed operations will occur over private and/or controlled access property 

with the owner’s prior consent. In the event operations will 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. 

All operations will follow 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 Access 

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 and 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 ground 

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 license 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 horizontal 

and vertical planes simultaneously.

 The PIC will routinely reference the Vertical 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, and 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 aircraft 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 pre-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): Inspections; 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 airworthiness 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 populated 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 

within a pre-determined flight zone. Furthermore, the PIC and VO will determine the 

airworthiness of the Phantom 2 prior to each flight, by adhering to safety guidelines set 

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 review requirements consisting of one (1) hour of flight time in 

an aircraft 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 relevance 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 the 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 an 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 risks 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 the 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 certificate, 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 safe 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 establishes 
Vertical Access LLC, PO Box 4135, Ithaca, NY, 14852 9

minimum 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. The UAS will 

be operated in a restricted and 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 userconfigurable barometric altimeter.

Equivalent Level of Safety

Complying with the pre-flight 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 flight in VFR conditions (day)

Vertical Access requests an exemption 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 have 
Vertical Access LLC, PO Box 4135, Ithaca, NY, 14852 10

no significant transit time 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 required; 91.407(a)(1) Operation after 

maintenance, preventative maintenance, rebuilding, or alteration; 91.409(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 prior 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 UAS 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, and lightweight UAS offers 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 articulating boom cranes for 

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

from height, 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 safer 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 will 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 rules to 

commercially operate UAS in the National 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 altitudes

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 records
Vertical 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 operations and maintenance programs, the commercial, UAS use by 

Vertical Access causes no threat to the general public or others using the National 

Airspace. 

________________________

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.com