April 28, 2015 

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey 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) 

• 14 CFR Part 21, Subpart H 

o Airworthiness Certificates 

• 14 CFR 45.23 {b), I 

o Aircraft Marking 

o Certification and Registration 

• 14 CFR 61.113 (a) & (b) 

o Pilot in Command 

• 14 CFR 91.7 (a) 

o Civil aircraft airworthiness 

• 14 CFR 91.9 (b) (2) 

o Document/Flight Manuals 

• 14 CFR 91.103 (b) 

o Preflight action 

• 14 CFR 109 

o Flight instruction 

• 14 CFR 91.113 

o Right-of-way rules 

• 14 CFR 91.119 

o Minimum safe altitude 

• 14 CFR 91.121 

o Altimeter setting 

• 14 CFR 91.131 (a) {1) (c) (2) (d) (1) 

o Operations in Class B airspace 
• 14 CFR 91.145 {b) 

o Management of aircraft operations in the vicinity of aerial demonstrations and 

major sporting events. 

• 14 CFR 91.151 

o Fuel requirements for VFR flight 

• 14 CFR 91.203 (a) & (b) 

o Civil Aircraft: Certifications required 

• 14 CFR 91.405 (a}; 407 (a} (1}; 409 (a}; 417 {a} & (b) 

o Maintenance and maintenance inspections 

• 14 CFR 407 

o Operation after Maintenance, preventive maintenance, rebuilding and 

inspections 

• 14 CFR 409 

o Inspections 

• 14 CFR 417 

o Maintenance records 

• NOTAM 9/5151 

o Flying Around Sporting Events 

Dear Sir or Madam: 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14 

C.F.R., Vertical Vision, an operator of an Unmanned Aircraft System (UAS), hereby 

applies for an exemption from the Federal Aviation Regulations to allow 

commercial operation of its UAS for the purpose of aerial imaging/videography of 

structures as well as observation and inspection of utility equipment in a 

controlled, safe environment. 

14 C.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 for the issuance of airworthiness certificates as 

required by FAR §91.203 (a) (1). Given the size and limited operating area 
associated with the aircraft to be utilized by Vertical Vision, an exemption from 

Part 21 Subpart H meets the requirements of an equivalent level of safety under 

Part 11 and Section 333 of the Reform Act. The Federal Aviation Act (49 

U.S.C.§44701 (f)) and Section 333 of the Reform Act both authorize the FAA to 

exempt aircraft from the requirement for an airworthiness certificate, upon 

consideration of the size, weight, speed, operational capability, and proximity to 

airports and populated areas of the particular UA. In all cases, an analysis of these 

criteria demonstrates that the UA operated without an airworthiness certificate, 

in the restricted environment and under the conditions proposed will be at least 

as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating 

with an airworthiness certificate without the 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 

or flammable 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 under this exemption will be tightly controlled and monitored by both 

the operator, pursuant to Vertical Vision's Confidential Protocols and Controls, 

and under the requirements and in compliance with local public safety 

requirements, to provide security for the area of operation as is now done with 

conventional aerial videography and photography. Lastly, application of these 

same criteria demonstrates that there is no credible threat to national security 

posed by the UAs, due to its size, speed of operation, location of operation, lack 

of explosive materials or flammable liquid fuels, and inability to carry a substantial 

external load. 

14 C.F.R. § 45.23 (B): Marking of the Aircraft: 

The regulation requires: When marks include only the 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 
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certificate, an exemption may be needed as the UAs will have no entrance to the 

cabin, cockpit or pilot station on which the words "limited," "restricted," "lightsport," "experimental," or "provisional," may be placed. Given the size of the UAs, 

two-inch lettering will be impossible. The word "experimental," or any other term 

as is so required, will be placed on the fuselage of the UAs in compliance with 

§45.29 (f). The equivalent level of safety will 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 of the UAs as 

"Experimental." The FAA has issued the following exemptions to this 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) of this section, no 

person who holds a private pilot certificate may act as pilot in command of 

an aircraft that is carrying passengers or property for compensation or hire; 

nor may that 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 

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. To reach an equivalent level of safety, 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. 

14 C.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 for the 

aircraft, should this exemption be granted, no FAA regulatory standard will exist 
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for determining airworthiness. Given the size of the aircraft and the requirements 

contained in the manual for maintenance and use of safety check lists prior to 

each flight, a subset of which are provided in enclosed supplemental material, an 

equivalent level of safety 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 of this 

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 of the sUAS being utilized in this endeavor, there is no room 

on board for an aircraft flight manual. 

The equivalent level of safety will 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 a flight, become familiar with all 

available information concerning that flight. This information must include-

(b) For any flight, runway lengths at airports of intended use, and the following 

takeoff and landing distance information: 

(1) For civil aircraft for which an approved Airplane or Rotorcraft Flight Manual 

containing takeoff and landing distance data is required, the takeoff and landing 

distance data contained therein; and 

(2) For civil aircraft other than those specified in paragraph (b)(1) of this section, 

other reliable information appropriate to the aircraft, relating to aircraft 

performance under expected values of airport 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-flight 
planning will provide an equivalent level of safety by using the operations plan, 

aircraft flight manual, maintenance manual and available weather and NOT AM 

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 for flight instruction unless that aircraft has fully functioning dual 

controls. 

sUASs clearly have no onboard flight controls. An equivalent level of safety will be 

accomplished by conducting pilot training via the control system that 

communicates with the aircraft from the ground. Vertical Vision intends to 

conduct this 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 different types of aircraft in 

different states must give way to other aircraft. 

Because the sUAS PIC does not have "see and avoid" capability, the petitioner 

requests relief from this regulation. All operations will be within LOS of the pilot 

and well below any airspace where other flight activity is taking place. 

14 C.F.R. §91.119: Minimum safe altitudes: 

§91.119 establishes safe altitudes for operation of civil aircraft. §91.119 (d) allows 

helicopters to be operated at less than the minimums prescribed, provided the 

person operating the 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 of a helicopter and the exemption requests authority to 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 higher than 400 AGL or beyond 

unaided visual line of sight, whichever is closer. It will 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 without their pre-obtained 

consent and training. 
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The equivalent level of safety will be achieved given the size, weight, speed of the 

UAS as well as the location where it is operated. No flight operation will be taken 

without the permission of the controlling agency or right of way owner in the case 

of private property or local officials in the case of public property or private 

property with public interests. Because of the advance notice to the property 

owner and participants in the remote sensing activity, all affected individuals will 

be aware of the planned flight operations. Compared to flight operations with 

aircraft or rotorcraft weighting far more than the maximum 8.2kg the heaviest 

UAS proposed herein and the lack of flammable 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 of conventional aircraft that must comply with §91.119 . 

14 C.F.R. §91. 121 Altimeter Settings: 

§91.121 requires each person operating an aircraft to maintain cruising altitude 

by reference to an altimeter that is set " ... to the elevation of the departure 

airport or an 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 of safety will be achieved by the 

operator, confirming the altitude of the 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. 

14 C.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 fly to the first point of intended landing, and, assuming normal 

cruising speed- (1) During the day, to fly after that for at least 30 minutes; or (2) 

At night, to fly after that for at least 45 minutes:' The battery powering the UAS 

provides approximately 25 minutes of powered flight in hover mode with 

payload. Vertical Vision's UAS will not be able to meet the 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 limiting flights 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 E of this part and shall between 

required inspections, except as provided in paragraph {c) of this section, have 

discrepancies repaired as prescribed in part 43 of this chapter ... ;' and others shall 

inspect or maintain the aircraft in compliance with Part 43. Given that these 

section and Part 43 apply only to aircraft with an airworthiness certificate, these 

sections will not apply to the applicant. Maintenance will be accomplished by the 

operator pursuant to the flight manual. An equivalent level of safety 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 of time. If 

mechanical issues arise the UAS can land immediately and will be operating from 

no higher than 400 feet AGL. The operator will ensure that the UAS is in working 

order prior to initiating flight, perform required maintenance, and keep a log of 

any maintenance performed. Moreover, the operator is the person most familiar 

with the aircraft and best suited to maintain the aircraft in an airworthy condition 

to provide the equivalent level of safety. 

Vertical Vision is in possession of a DJI Phantom Vision 2 Plus. 

The UAS operated by Vertical Vision weighs less than 5 pounds, including the 

payload {i.e. camera, lens, and gimbal}. It has a maximum speed of 34M PH, can 

hover and can simultaneously move vertically and horizontally. Vertical Vision will 

only operate its UAS in line of sight {LOS} only and will operate only with 

permission of the municipality in which it is being operated. Operations of the 

UAS will be utilized for purpose of obtaining precision photographs or digital 

video for use in commercial land and property surveying and inspections. The flat, 

open terrain would not necessitate the altitude of the UAS to go above 100 feet. 

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Such operations will insure that the UAS will"not create a hazard to users of the 

national airspace system or the public." 

The Aircraft and its operation: 

DJI-Phantom 2 Vision Plus 

• This UAS has flight control using a remote control operating the 5. 728-

5.85Ghz frequency in compliance with FCC regulations. The range extender 

operates within a frequency of 2412-2462MHz in accordance with FCC 

regulations. 

• At any time that communication is lost the UAS will return to its take off 

location at a height of approximately 60 feet. 

• The UAS locks onto multiple GPS satellites to establish a "home" position 

prior to flight. 

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

observer. 

• Maximum flight time of each event will be limited to 15 minutes or less, 

this will leave approximately SO% of reserve time on the UAS. 

• Flights will be well below the 400 feet AGL requirement; Vertical Vision will 

never operate a UAS above 100 feet AGL. 

• Flights will always have a UAS operator and a camera operator who will 

control the recording via the DJI application on smart phone or tablet. 

• UAS operation will not be commenced if within 5 miles of an airport which 

will ensure no danger to manned aircraft traffic. 

• Preflight procedure will be as follows: 

- Power supply test of UAS, Controller, Range Extender and DJI application 

device (smartphone/tablet) 

-Calibration of compass 

- 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 permanent file 

for future reference. 

• All of the latest firmware 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 

of the UAS would benefit the 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 10 years in photography experience and 

over 15 years experience with radio controlled aircraft, the use of this new 

equipment would 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 of the UAS mentioned above. If granted an exemption, I will keep it on 

file with the city hall in Morgan City, LA. 

If you have any further questions please feel free to contact the undersigned at 

985-360-9858 or email to verticalvisioninc@gmail.com. 

Thank you for your consideration. 

Nigel Smith 

Owner/Operator 

Vertical Vision 

985-360-9858 

verticalvisioninc@gmail.com