VAPLLC	Sections	333	Exemption	Request

June	17,	2015

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2500 E. T.C. Jester Blvd. Suite 305

Houston, TX 77008

(713) 398-1277

U.S. Department of Transportation

Docket Operations

West Building Ground Floor, Room w12-140

Washington, DC 20590

June 17th, 2015

RE: Exemption Request Under Section 333 of the FAA Reform Act and Part 11 of

the Federal Aviation Regulations

To Whom It May Concern:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 ("FAA

Reform Act”) and 14 C.F.R. Part 11, Vogel Aerial Productions, LLC (VAPLLC) requests 

an exemption from Federal Aviation Regulations ("FARs") detailed below for DJI S900 

HEXA-COPTER multi-rotor aircraft. Vogel Aerial Productions, LLC would like to 

specifically request exemptions from 14 CFR 21, 14 CFR 91.203, 14 CFR 45.23, 14 CFR 

45.29, 14 CFR 91.9, 14 CFR 61.113, 14 CFR 61.133, 14 CFR 91.109, 14 CFR 91.119, 14 

CFR 91.121, 14 CFR 91.151, 14 CFR Subpart E (91.401- 91.417), FAA Policy 8900.227 

Paragraph 16(c)(4) and Paragraph 16(e)(l). 

These regulations will be listed in an itemized form below.

14 CFR21

14 CFR 91.203

14 CFR45.23

14 CFR45.29

14 CFR 91.9

14 CFR 61.113

14 CFR 61.133

14 CFR 91.109

14 CFR 91.119

14 CFR 91.121

14 CFR 91.151

14 CFR Subpart E (91.401- 91.417)

FAA Policy 8900.227 Paragraph 16(c)(4) and Paragraph 16(e)(1).

VAPLLC uses a DJI S900 HEXA-COPTER, which is a six-rotor UAS that weighs 10.0 

pounds, and is operated using a radio control 2.4 GHz transmitter, and monitored using 

an iOS or Windows-based ground control station, connected via radio telemetry in the 2.4

GHz band. The multi-rotor can carry a payload of up to 13 pounds, and has been operated 
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with a payload of high-resolution DSLR cameras, infrared cameras, and video cameras 

for photography, videography, geospatial analysis and photogrammetry. 

This request for an exemption would support a COA application to use the DJI S900

multi-rotor UAS for agricultural survey, film production, property survey, aerial 

photography, pipeline survey, and for monitoring damage in the event of a natural 

disasters.

VAPLLC staff has extensive operational experience in the United States on the safe use 

of various kinds of remote controlled aircraft in particular multi-rotors, to evaluate 

construction safety, conduct aerial surveying of land, capture aerial film and 

photography. VAPLLC is requesting this exemption in order to operate the DJI S900 

HEXA-COPTER for low-altitude aerial photography and videography in unpopulated 

areas for primarily precision agricultural survey, property survey, construction 

inspections and industrial safety visual inspections.

The FAA recently granted 6 companies an exemption to use small UAS to film for movie

and TV production companies. VAPLLC is also requesting this exemption to use the DJI 

DJI S900 HEXA-COPTER to film and photograph for movie and TV production 

companies, and asserts that the DJI S900 HEXA-COPTER is as safe, if not safer than the 

platforms in use by these companies.

The presence of UAS and their integration into the NAS has been in the public eye for

quite some time now, and both the private and public sectors have shown a significant

amount of interest in paving the way for safe and responsible UAS operation. VAPLLC

is fully committed to this mission, and desires to operate the DJI S900 HEXA-COPTER

for both research and commercial purposes using the Flight Restrictions (FRs) listed 

below.

The DJI S900 HEXA-COPTER will be operated in accordance with the following FRs:

• Flight operations will occur only in Class E or Class G airspace

• Flight operations will occur at no more than 400 feet above ground level

• Flight operations will occur using an electric power source

• Flight operations will not risk the safety of the PIC or VO, or fly over any

• members of the general public

• Flight operations will avoid congested or populated areas, which the FAA

• designates as yellow on VFR charts

• Flight operations will be operated within VLOS, with one PIC and one ground-based

• VO within an audible distance of the PIC

• Flight operations will occur only during daylight hours

• Flight operations will not be conducted within a 5 NM radius from the center of

• any FAA designated airport

• Flight operations will only be conducted with permission from the land owner

• Flight operations will comply with all NOT AMs and TFRs
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VAPLLC is submitting this petition on its own behalf. If the FAA requires any

modifications to our DJI S900 HEXA-COPTER exemption request, VAPLLC requests 

the opportunity to amend this petition to include any modifications the FAA may require

before granting or rejecting the petition for exemption. VAPLLC will amend its petition

to meet any additional standards for the integration of small UAS operation into the NAS.

VAPLLC also requests that the FAA keep materials labeled "Confidential" from the 

public record for the purpose of maintaining our intellectual property.

Kind Regards,

Michael Vogel

CEO | Vogel Aerial Productions, LLC

michael@vogelaerial.com

(713) 398-1277

2500 East TC Jester Blvd. Suite 305

Houston, TX 77008

ATTACHED:

Exemption Requests

DJI S900 Manual

Pilot Operating Handbook – DJI S900/Zenmuse

Vogel Aerial Safety Rules and Pre-Flight Safety Checklist
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EXEMPTION REQUESTS

VAPLLC requests exemption for the following statutes:

14CFR21

14 CFR 91.203

14 CFR45.23

14CFR45.29

14 CFR91.9

14 CFR 61.113

14 CFR 61.133

14 CFR 91.109

14 CFR 91.119

14 CFR 91.121

14 CFR 91.151

14 CFR Subpart E (91.401- 91.417)

FAA Policy 8900.227 Paragraph 16(c)(4) and Paragraph 16(e)(1).

14 CFR 211 | Airworthiness Certificates

VAPLLC requests an exemption from Section 14 CRF Part 21, which requires the 

issuance of an Airworthiness Certificate for flight operation, while the FAA is still 

carrying out research and development for UAS standards and regulation.

DJI S900 HEXA-COPTER multi-rotor aircraft weights only approximately 10 pounds, 

and can carry a maximum payload of up to 13 pounds. It will not carry fuel or 

passengers, and will obey the operational requirements (FRs) outlined in the introduction 

to this exemption petition. 

The DJI S900 HEXA-COPTER can travel at most 0.5 NM from launch due to power 

supply constraints and forward speed limitations. We assert that the DJI S900 HEXACOPTER, as compared to manned aircraft, significantly reduces the risk to crew,

passengers, property, and the general public due its small size, limited range, and FR

outlined above. In the event that the FAA requires VAPLLC to obtain an Experimental 

Airworthiness Certificate or traditional Airworthiness Certificate in order to receive an 

exemption from Section 333, VAPLLC requests an opportunity to pursue such a 

certification.

14 CFR 91.203 | Civil Aircraft; Certifications Required

Section 14 CFR 91.203 requires that aircraft carry on board the aircraft's Airworthiness

Certificate. The subsection (b) further states that the Airworthiness Certificate should be

"displayed at the cabin or cockpit entrance so that it is legible to passengers or crew".

The DJI S900 HEXA-COPTER has requested an exemption in the previous section (14 

CFR 21 I Airworthiness Certificates). In the event that the FAA required VAPLLC to 

obtain an experimental Airworthiness Certificate, VAPLLC would pursue such a 
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certification and keep the relevant information on the ground with the PIC and VO at 

their designated ground station.

Subsection (b) does not apply to the DJI S900 HEXA-COPTER, as it does not carry 

passengers or crew, or have a "cockpit" entrance. VAPLLC proposes mounting the 

VAPLLC identification information (mailing address, phone number, COA ID Number, 

or any other information deemed relevant to the FAA) and the UAS identification 

information (UAS unique number issued by VAPLLC, and Airworthiness Certificate 

information if required) on a visible exterior surface of the DJI S900 HEXA-COPTER.

14 CFR 45.23 | Display of marks; general.

Subsections (a) and (b) for 14 CFR 45.23 require that the operator of the aircraft display

the registration number on the side of the aircraft, and at various positions "near each

entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor more

than 6 inches high". DJI S900 HEXA-COPTER does not have a cabin, cockpit,

passengers or crew, and as such has no means of mounting it to these structures. 

VAPLLC proposes that it keeps identification information and an DJI S900 HEXACOPTER manual with the PIC and VO at the ground station.

VAPLLC also proposes that in place of the markings required by 14 CFR 45.23, it keeps

registration information and the VAPLLC mailing address; email address, and phone

number permanently affixed to a visible exterior surface of the DJI S900 HEXACOPTER.

14 CFR 45.29 | Size of marks.

Subsections (a) and (b) of 14 CFR 45.29 provide for the size and dimensions of the

markings noted in 14 CFR 45.23. Subsection (b) section (iii) states that "Marks at least 3

inches high may be displayed on an aircraft for which the FAA has issued an

experimental certificate under§ 21.191 (d),§ 21.191 (g), or§ 21.191 (i) of this chapter to

operate as an exhibition aircraft, an amateur-built aircraft, or a light-sport aircraft when

the maximum cruising speed of the aircraft does not exceed 180 knots CAS".

VAPLLC proposes that the mounted identification information listed in the previous two

sections will be sufficient for identification for the DJI S900 HEXA-COPTER. As the 

DJI S900 HEXA-COPTER is only 10.0 pounds and does not have the space on board to 

post 3 inch letters, we propose that VAPLLC keeps registration information and the 

VAPLLC identification information (mailing address, email address, phone number, or 

any other information the FAA deems relevant for identification purposes) permanently 

affixed to a visible exterior surface of the DJI S900 HEXA-COPTER and with the PIC 

and VO on the ground.

14 CFR 91.9 | Civil aircraft flight manual, marking, and placard requirements.

Section 14 CFR 91.9 requires those operating an aircraft to keep a Flight Manual on

board the aircraft during operation.
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VAPLLC requests an exemption from this section as the DJI S900 HEXA-COPTER does 

not carry passengers or crew and would not benefit from keeping a Flight Manual on 

board the aircraft during operation. VAPLLC will keep a Flight Manual with the PIC and 

VO at the ground station.

14 CFR 61.113 | Private pilot privileges and limitations: Pilot in command and 14

CFR 61.133 | Commercial pilot privileges and limitations.

14 CFR 61.113 stipulates, ''No person who holds a private pilot certificate may act PIC

that is carrying passengers or property for compensation or hire". Subsection (b) of this

part stipulates that the PIC may conduct flight 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."

As VAPLLC requests that the DJI S900 HEXA-COPTER be operated with only ground 

school and a passing score on the FAA Written Examination, VAPLLC requests that the 

DJI S900 HEXA-COPTER be allowed to operate for compensation or hire to complete 

market research for use for agricultural survey, pipeline survey, oil rig survey, monitoring 

damage or movement of environmentally sensitive materials in the event of an 

environmental disaster, property survey, film production, and aerial photography. 

Considering that the DJI S900 HEXA-COPTER does not carry passengers or property, 

and there is no equivalent flight certification for UAS PICs and VOs, VAPLLC requests 

that the PIC and VO be required to complete only an FAA approved ground school 

program and pass the FAA Written Examination.

14 CFR 91.109 | Flight instruction; Simulated instrument flight and certain flight

tests.

14 CFR 91.109 stipulates, "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."

VAPLLC requests an exemption from this part, as the DJI S900 HEXA-COPTER uses on 

board software and a small RC transmitter for flight operation, which can accommodate

"Instructor" override with the correct RC transmitter. We feel that this override, along

with training within VLOS for the PIC, VO, student, and instructor, is sufficient for the

operation of DJI S900 HEXA-COPTER UAS.

14 CFR 91.119 | Minimum safe altitudes: General.

14 CFR 91.119 requires that the PIC operate at " ... 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."
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Following current FAA guidelines, the DJI S900 HEXA-COPTER operates below 400 

feet and within VLOS. Considering that we intend to operate within VLOS and below 

400 feet, the DJI S900 HEXA-COPTER cannot comply with this request. VAPLLC will 

operate within all guidelines and proposed operation procedures outlined above. In 

addition, VAPLLC will fly only over private property with written permission from the 

property owner for flight, image capture, image storage, and image transfer (in 

accordance with Texas House Bill 912, published September 2013).

14 CFR 91.121 | Altimeter settings.

14 CFR 91.121 stipulates that the PIC "operating an aircraft shall maintain the cruising

altitude or flight level of that aircraft, as the case may be, by reference to an altimeter that

is set, when operating - (i) The current reported altimeter setting of a station along the

route and within 100 nautical miles of the aircraft."

The DJI S900 HEXA-COPTER maintains an altitude using the onboard GPS DJI A2 

Flight Controller, reading for altitude on board, transmitted through the DJI IOSD 

MARK II telemetry dongle to tablet, IOSD device, or PC. Considering that the VAP uses 

primarily GPS altitude reading, and the DJI S900 HEXA-COPTER will only be in flight 

for around 12-15 minutes, even drastic changes in barometric pressure will not affect the 

altitude reading.

14 CFR 91.151 | Fuel requirements for flight in VFR conditions.

14 CFR 91.151 requires that the PIC may not begin a flight under VFR "unless

(considering wind and forecast weather conditions) there is enough fuel to fly to the first

point of intended landing ... "

The DJI S900 HEXA-COPTER does not use liquid fuel, but instead uses a lithium 

polymer battery that utilizes electric energy instead of fuel. Considering this clarification, 

and the fact that the DJI S900 HEXA-COPTER cannot fly more than 0.5 NM from its 

launch point, VAPLLC requests an exemption from 14 CFR 91.151.

14 CFR Subpart E (91.401- 91.417) | General Operating and Flight Rules

Subsections 91.405 and 91.407 of 14 CFR Subpart E require that routine and regularly

scheduled maintenance be performed upon the aircraft before flight. Furthermore, Section

91.407 Part (1) stipulates that no person may operate an aircraft unless "It has been

approved for return to service by a person authorized under §43.7 of this chapter".

VAPLLC requests exemption from these points, and proposes that the PIC and VO be

allowed to perform maintenance reviews and inspections once a month, and pre-flight

checks before every flight. The 'Monthly Maintenance Inspection Checklist' and 'PreFlight Checklist' are contained in the ‘Pilot Operating Handbook – DJI S900/Zenmuse’ 

document attached to this petition. The PIC and VO will be able to repair broken arms, 
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replace broken or worn propellers, and calibrate using the flight software. Further 

diagnosis or maintenance that requires tools not available to the PIC or VO in the field 

will be performed by VAPLLC.

FAA Policy 8900.227 Paragraph 16(c)(4) and Paragraph 16(e)(l).

Policy 8900.227 Paragraphs 16(c)(4) and 16(e)(l) stipulate that the PIC and VO must

have valid medical evaluations, classified as FAA second-class medical certificates, in

order to perform as the Pilot In Command or the Visual Observer.

Considering that the PIC and VO will both be on the ground, and that the DJI S900 

HEXA-COPTER cannot travel further that 0.5 NM, VAPLLC proposes that the PIC and 

VO only be required to have 20/20 vision or corrective lenses or contacts.