April 28, 2015 U.S. Department ofTransportation Docket Management System 1200 NewJersey Ave., SE Washington DC 20590
Re: Exemption Request Pursuant to Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations from 14 CFR 45.23(b); 14 CFR Part 21; CFR 61.113 (a) & (b); 91.7 (a); 91.9 (b) (2); 91.103 (b); 91.109

.119; 91.121; 91.151 (a); 91.203 (a) & (b); 91.405 (a); 91.407 

### EXEMPTIONS (Regulations from which the exemption is requested)

• 14CFR Part 21, Subpart H o Airworthiness Certificates • 14CFR 45.23 {b), I o Aircraft Marking o Certification and Registration • 14CFR 61.113 (a) & (b) o Pilot in Command • 14CFR 91.7 (a) o Civil aircraft airworthiness • 14CFR 91.9 (b) (2) o Document/Flight Manuals • 14CFR 91.103 (b) o Preflight action • 14CFR 109 o Flight instruction • 14CFR 91.113 o Right-of-way rules • 14CFR 91.119 o Minimum safe altitude • 14CFR 91.121 o Altimeter setting • 14CFR 91.131 (a) {1) (c) (2) (d) (1) o Operations in Class B airspace• 14CFR 91.145 {b) o Management ofaircraft operations in the vicinity ofaerial demonstrations and majorsporting events. • 14CFR 91.151 o Fuel requirements for VFR flight • 14CFR 91.203 (a) & (b) o Civil Aircraft: Certifications required • 14CFR 91 .405 (a}; 407 (a} (1}; 409 (a}; 417 {a} & (b) o Maintenance and maintenance inspections • 14CFR 407 o Operation after Maintenance, preventive maintenance, rebuilding and inspections • 14CFR 409 o Inspections • 14CFR 417 o Maintenance records • NOTAM 9/5151 o Flying Around Sporting Events

Dear Sir or Madam: Pursuant to Section 333 ofthe FAA Modernization and Reform Act of2012 and 14 C.F

.R., Vertical Vision, an operator ofan Unmanned Aircraft System (UAS), hereby applies for an exemption from the Federal Aviation Regulations to allow commercial operation of its UAS forthe purpose ofaerial imaging/videography of structures as well as observation and inspection of utility equipment in a controlled, safe environment.
14C.F.R. PART 21, SUBPART H: Airworthiness Certificates: 14 C.F.R

. §91.203 (A) (1) Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements forthe issuance ofairworthiness certificates as required by FAR §91.203 (a) (1). Given the size and limited operating areaassociated with the aircraftto be utilized by Vertical Vision, an exemption from Part 21 Subpart H meets the requirements ofan equivalent level ofsafety under Part 11 and Section 333 ofthe Reform Act. The Federal Aviation Act (49 U.S.C.§44701 (f)) and Section 333 ofthe Reform Act both authorize the FAA to exempt aircraftfrom the requirement for an airworthiness certificate, upon consideration ofthe size, weight, speed, operational capability, and proximityto airports and populated areas ofthe particular UA. In all cases, an analysis ofthese criteria demonstratesthatthe UA operated without an airworthiness certificate, in the restricted environment and underthe conditions proposed will be at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate withoutthe restrictions and conditions proposed. The UAs to be operated hereunder is less than five (5) pounds (2.26 Kg) fully loaded, carries neither a pilot nor passenger, carries no explosive materials orflammable liquid fuels, and operates exclusively within a secured area as set out in Vertical Vision's Standard Protocols and Controls. Unlike other civil aircraft, operations underthis exemption will be tightly controlled and monitored by both the operator, pursuant to Vertical Vision's Confidential Protocols and Controls, and underthe requirements and in compliance with local public safety requirements, to provide securityforthe area ofoperation as is now done with conventional aerial videography and photography. Lastly, application ofthese same criteria demonstratesthat there is no credible threatto national security posed by the UAs, due to its size, speed ofoperation, location ofoperation, lack ofexplosive materials orflammable liquid fuels, and inabilityto carry a substantial external load.
14C.F.R. § 45.23 (B): Marking ofthe Aircraft: The regulation requires: When marks include onlythe Roman capital letter

..N

.. and the registration number is displayed on limited, restricted or light-sport category aircraft or experimental or provisionally certificated aircraft, the operator must also display on that aircraft near each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor more than 6 inches high, the words

..limited,

....restricted,

....light-sport,'• ••experimental,'• or

..provisional,

.. as applicable. Even though the UAs will have no airworthiness• certificate, an exemption may be needed as the UAs will have no entrance tothe cabin, cockpit or pilot station on which the words "limited," "restricted," "lightsport," "experimental," or "provisional," may be placed. Given the size ofthe UAs, two-inch letteringwill be impossible. The word "experimental," or any otherterm as is so required, will be placed on the fuselage ofthe UAs in compliance with §45.29 (f). The equivalent level ofsafetywill be provided by having the UAs marked on its fuselage as required by §45.29 (f) where the pilot, observer and others working with the UAs will see the identification ofthe UAs as
" Experimental." The FAA has issued the following exemptions tothis regulation to Exemptions Nos. 10700, 8738, 10167 and 10167A. CFR 61.113 (a) 

### &(b) Private Pilot Privileges and Limitations: Pilot in Command: CFR 61.113 (a) 

### & (b) states: (a) Except as provided in paragraphs (b) through (h) ofthis section, no person who holds a private pilot certificate may act as pilot in command of an aircraftthat is carrying passengers or propertyfor compensation or hire; nor maythat person, for compensation or hire, act as pilot in command of an aircraft. (b) A private pilot may, for compensation or hire, act as pilot in command ofan aircraft in connection with any business or employment if: (1) The flight is only incidental tothat business or employment; and (2) The aircraft does not carry passengers or propertyfor compensation or hire. To reach an equivalent level ofsafety, the selfimposed experience and training requirements would more than offset any risk introduced by using private pilots to fly an unmanned aircraft in very restricted and controlled areas.

14C.P.R. §91.7{a): Civil aircraft airworthiness: The regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. As there will be no airworthiness certificate issued forthe aircraft, should this exemption be granted, no FAA regulatory standard will exist• for determining airworthiness. Given the size ofthe aircraft and the requirements contained in the manual for maintenance and use ofsafety check lists priorto each flight, a subset ofwhich are provided in enclosed supplemental material, an equivalent level ofsafety will be- provided. CFR 91.9 (b) (2) Civil Aircraft Flight Manual in the Aircraft: CFR 91.9 (b) (2) states: No person may operate a U.S.-registered civil aircraftFor which an Airplane or Rotorcraft Flight Manual is not required by§ 21.5 ofthis chapter, unless there is available in the aircraft a current approved Airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any combination thereof. Given the size ofthe sUAS being utilized in this endeavor, there is no room onboard for an aircraftflight manual. The equivalent level ofsafetywill be achieved by keeping the flight manual with the pilot/team on the ground with easy access. Previous precedence is resident in Exemptions 8607, 8737, f8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, f32827, and 10700. CFR 91.103 (b) Preflight Action: CFR 91.103 (b) states: Each pilot in command shall, before beginning aflight, become familiar with all available information concerning thatflight. This information must include- (b) For any flight, runway lengths at airports of intended use, and the following takeoffand landing distance information: (1) For civil aircraftforwhich an approved Airplane or Rotorcraft Flight Manual containing takeoffand landing distance data is required, the takeoffand landing distance data contained therein; and (2) For civil aircraft otherthan those specified in paragraph (b)(1) ofthis section, other reliable information appropriate to the aircraft, relating to aircraft performance under expected values ofairport elevation and runway slope, aircraft gross weight, and wind and temperature. This regulation dictates that a pilot conduct preflight activities. Without an FAA approved flight manual, relief is required from this regulation. Extensive pre-flightplanning will provide an equivalent level ofsafety by using the operations plan, aircraftflight manual, maintenance manual and available weather and NOTAM information. CFR 91.109 Flight instruction: CFR 91.109 states: No person may operate a civil aircraft (except a manned free balloon) that is being used forflight instruction unless that aircraft has fully functioning dual controls. sUASs clearly have no onboard flight controls. An equivalent level ofsafety will be accomplished by conducting pilottraining via the control system that communicates with the aircraftfrom the ground. Vertical Vision intendsto conductthis training on private grounds under controlled conditions. CFR 91.113 Right-of-way rules: Except water operations: CFR 91.113 deals with the many scenarios whereby differenttypes ofaircraft in differentstates must give way to other aircraft. Because the sUAS PIC does not have "see and avoid" capability, the petitioner requests relieffrom this regulation. All operations will be within LOS ofthe pilot and well below any airspace where otherflight activity is taking place.
14 C.F.R. §91.119: Minimum safe altitudes: §91.119 establishes safe altitudes for operation ofcivil aircraft. §91.119 (d) allows helicopters to be operated at less than the minimums prescribed, provided the person operatingthe helicopter complies with any route or altitudes prescribed for helicopters by the FAA. As this exemption is for a UAS that closely mimics the behavior ofa helicopter and the exemption requests authorityto operate at altitudes up to 400 AGL, an exemption may be needed to allow such operations. As set forth herein, the UAV will never operate at higherthan 400 AGL or beyond unaided visual line ofsight, whichever is closer. Itwill however be operated in a restricted area with officials tasked with ensuring public safety, and where buildings and people will not be exposed to operations withouttheir pre-obtained consent and training.

### • The equivalent level ofsafetywill be achieved given the size, weight, speed ofthe UAS as well as the location where it is operated. No flight operation will be taken withoutthe permission ofthe controlling agency or right ofway owner in the case of private property or local officials in the case of public property or private property with public interests. Because ofthe advance notice to the property owner and participants in the remote sensing activity, all affected individuals will be aware ofthe planned flight operations. Compared to flight operations with aircraft or rotorcraftweightingfar more than the maximum 8.2kg the heaviest UAS proposed herein and the lack offlammable fuel, any risk associated with these operations is far less than those presently presented with conventional aircraft operating at or below 500 AGL. In addition, the low-altitude operations of the UAS will ensure separation between these smaii-UAV operations and the operations ofconventional aircraftthat must comply with §91.119

. 14C.F.R. §91. 121Altimeter Settings: §91.121 requires each person operating an aircraftto maintain cruising altitude by reference to an altimeterthat is set "

...to the elevation ofthe departure airport oran appropriate altimeter setting available before departure." As the UAS may not have a barometric altimeter, but instead a GPS altitude read out, an exemption may be needed. An equivalent level ofsafety will be achieved by the operator, confirming the altitude ofthe launch site shown on the GPS altitude indicator before flight. The PIC and Technician will also ensure effective pairing with multiple GPS sources to guarantee accurate detection of height.
14C.F.R. §9 1.151 

### (a): Fuel Requirements for Flight in VFR Conditions: §91.151 (a) prohibits an individual from beginning "a flight in an airplane under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to flyto the first point of intended landing, and, assuming normal cruising speed- (1) Duringthe day, to fly afterthat for at least 30 minutes; or (2) At night, to fly afterthat for at least 45 minutes:' The battery poweringthe UAS provides approximately 25 minutes of powered flight in hover mode with payload. Vertical Vision's UAS will not be able to meetthe 30 minute reserve requirement in 14 CPR §91.151. Vertical Vision believes that an equivalent level of

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### • safety can be achieved by limitingflights to 30 minutes or 25% of battery power whichever happens first. This restriction would be more than adequate to return the UAS to its planned landing zone from anywhere within its limited operating area. 14 C.P.R. §91.405 (a); 407 (a) (1}; 409 (a) (2}; 417(a) 

### &(b): Maintenance Inspections: These regulations require that an aircraft operator or owner "shall have that aircraft inspected as prescribed in subpart Eofthis part and shall between required inspections, except as provided in paragraph {c) ofthis section, have discrepancies repaired as prescribed in part 43 ofthis chapter

...;' and others shall inspect or maintain the aircraft in compliance with Part 43. Given thatthese section and Part 43 apply onlyto aircraftwith an airworthiness certificate, these sections will notapplyto the applicant. Maintenance will be accomplished by the operator pursuanttothe flight manual. An equivalent level ofsafety will be achieved because these small UAV are very limited in size and will carry a small payload and operate only in restricted areas for limited periods oftime. If mechanical issues arise the UAS can land immediately and will be operatingfrom no higher than 400 feet AGL. The operatorwill ensure thatthe UAS is in working order priorto initiatingflight, perform required maintenance, and keep a log of any maintenance performed. Moreover, the operator is the person mostfamiliar with the aircraft and best suited to maintain the aircraft in an airworthy condition to provide the equivalent level ofsafety. Vertical Vision is in possession ofa DJI Phantom Vision 2 Plus. The UAS operated by Vertical Vision weighs less than 5 pounds, includingthe payload {i.e. camera, lens, and gimbal}. It has a maximum speed of 34MPH, can hover and can simultaneously move vertically and horizontally. Vertical Vision will only operate its UAS in line ofsight {LOS} only and will operate onlywith permission ofthe municipality in which it is being operated. Operations ofthe UAS will be utilized for purpose ofobtaining precision photographs or digital video for use in commercial land and property surveying and inspections. The flat, open terrain would not necessitate the altitude ofthe UAS to go above 100feet.

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### • Such operations will insure thatthe UAS will"not create a hazard to users ofthe national airspace system orthe public."

The Aircraft and its operation:

DJI-Phantom 2 Vision Plus • This UAS has flight control using a remote control operatingthe 5
.728- 5
.85Ghz frequency in compliance with FCC regulations. The range extender operates within afrequency of2412-2462MHz in accordance with FCC regulations. • At any time that communication is lostthe UAS will return to its take off location at a height ofapproximately 60 feet. • The UAS locks onto multiple GPS satellites to establish a "home" position priortoflight

. • All flights will be operated within line of sight {LOS) by the pilot and observer

. • Maximum flighttime ofeach eventwill be limited to 15 minutes or less, this will leave approximately 

### SO% of reserve time on the UAS. • Flights will be well belowthe 400 feet AGL requirement; Vertical Vision will never operate a UAS above 100feet AGL. • Flights will always have a UAS operator and a camera operatorwho will control the recording via the DJI application on smart phone ortablet. • UAS operation will not be commenced ifwithin 5 miles ofan airport which will ensure no dangerto manned aircrafttraffic. • Preflight procedure will be as follows:

- Power supplytest of UAS, Controller, Range Extender and DJI application device (smartphone/tablet) -Calibration ofcompass

- Weather considerations

- Flight obstructions

- GPS lock of no less than 6 satellites

- Link between controller and UAS- Link between application and UAS • All maintenance will be conducted in accordance with all manufacturer's specifications • All maintenance and repair/modifications will be logged in a permanentfile forfuture reference. • All ofthe latestfirmware will be updated as needed via the DJI software as well as controller calibrations. As with any photographic/surveying equipment used properly and safely, the use ofthe UAS would benefitthe public greatly. The collection and gathering of photo and video media, that would otherwise require manned aerial platforms, can now be performed safely and efficiently. With 10years in photography experience and over 15 years experience with radio controlled aircraft, the use ofthis new equipmentwould be a great addition to existing equipment and my opinion could revolutionize my industry

. In addition I, Nigel Smith, personally will be the only operator ofthe UAS mentioned above. Ifgranted an exemption, Iwill keep it on file with the city hall in Morgan City, LA.

Ifyou have any further questions please feel free to contactthe undersigned at 985-360-9858 or email to verticalvisioninc@gmail.com. Thank you foryour consideration.

Nigel Smith Owner/Operator Vertical Vision 985-360-9858 verticalvisioninc@gmail.com