Darian Williams

Vertical Domain

PO Box 227

Hazard, KY 41702

United States Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE 

West Building Ground Floor Room W12-140 

Washington, DC 20590 

RE: Exemption Request Section 333 of the FAA Reform Act of 2012 and Part 11 of the Federal Aviation 

Regulations from 14 C.F.R. Part 21; 14 C.F.R. 45.23(b); 14 CFR 61.113 (a) & (b); 14 C.F.R. 91.7 (a); 14 

CFR 91.9 (b) (2); 14 C.F.R. 91.103(b); 14 C.F.R. 91.109; 14 C.F. R. 91.119; 14 C.F.R. 91.121; 14 CFR 

91.151 (a); 14 CFR 91.203 (a) & (b); 14 CFR 91.405 (a); 14 CFR 407 (a) (1); 14 CFR 409 (a)(2) ; 14 CFR 

417 (a) & (b) 

Dear Sir or Madam, 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14 C.F.R. Part 11, Vertical 

Domain, operator of Small Unmanned Aircraft Systems (sUAS) , hereby applies for an exemption from the 

listed Federal Aviation Regulations (FARs) to allow commercial operation of its sUASs, so long as such 

operations are conducted within and under the conditions outlined herein or as may be established by the 

Federal Aviation Administration (FAA) as required by Section 333. 

Commercial operation of an UAS, as described herein, which are equipped with camera(s) and sensors, 

would operate in the following manner: 

1. Aerial photography and/or video for public and/or private use including real estate, 

architecture, land surveying, engineering and other related professional activities. 

2. Aerial video/photography or providing live video feed to assist with search and rescue 

operations in cases of an emergency or natural disaster only when the local authorities or 

government has requested it by contract or donation. 

3. Aerial video and/or photography for public and/or private use including television, public 

events, cinematography and news gathering. 

4. Aerial inspection/photography of residential/commercial utility infrastructure including but 

not limited to electrical power lines, wind turbines and cell tower’s (sUAS can reduce the 

need for a person to perform inspections from an elevated position Thus reducing the 

potential risk of injury or death.) 

5. The ability to offer training to persons individually or belonging to both private and/or public 

organizations that have interests in the safe use and operation of a UAS.
BACKGROUND

Unmanned Aircraft Systems: DJI Phantom 3 Professional, DJI Inspire 1 UASs

Vertical Domain seeks an exemption to operate DJI systems for compensation or hire within the NAS.

The DJI Phantom 3 Professional and DJI Inspire 1 are vertical takeoff and landing (VTOL) Unmanned 

Aircraft (UA)with a Ground Control Station (GCS) utilizing electronic tablet or smart phone systems. The 

DJI Phantom 3 Professional has a maximum gross weight of approximately 5 pounds 11, while having a 

length of 16 inches width of 16 inches, height of 8 inches, and a maximum speed of approximately 29 

knots. The DJI Inspire 1 has a maximum gross weight of 6 pounds 7.5 ounces, a length of 17.3 inches, 

width of 17.7 inches, height of 11.8 inches, and a maximum speed of approximately 42 knots. The DJI 

Phantom 3 Professional and DJI Inspire 1 UAs are equipped with four main rotors; driven by Lithium 

Polymer battery powered electric motors. 

The DJI UASs that will be operated by Vertical Domain will be registered in accordance with 49 U.S.C.

44103, Registration of Aircraft, as well as 14 C.F.R Part 47, Aircraft Registration, and marked in

accordance with 14 C.F.R. Part 45, Identification and Registration Marking. 

Specifically, each UAS is: A lightweight (< 55.0 lb gross weight with all on-board equipment), battery

operated 4- motor rotorcraft in the form of a quad copter that takes off and lands vertically, manufactured

by DJI, with the following equipment:

− An on-board flight computer with GPS navigation and location ability that receives signals for flight

controls from a ground-based transmitter/controller;

− An on-board camera capable of capturing imagery in the form of full color, high definition still photos

and video;

− An on-board telemetry system that delivers flight data from the on-board flight computer to the

onboard radio transmitter including altitude AGL, horizontal and vertical speed, compass direction of

flight and direction back to its launch site;

− A 600mW, 5.8GHz on-board radio transmitter that transmits live video from the on-board camera plus

all the flight data from the telemetry system described above; The Ground Station Includes:

− A Pilot in Command (PIC) in operational control of a flight operation from beginning to end and who

controls the UAS while in the air;

− A radio receiver receiving live video and flight data from the on-board camera and computer projects it

all together onto a screen for the PIC to view during flight;

− A Visual Observer (VO)
BASIS FOR PETITION 

Petitioner, Vertical Domain, pursuant to the provisions of the Federal Aviation Regulations (14 C.F.R. § 

11.61) and the FAA Modernization and Reform Act of 2012 (FMRA), Section 333, Special Rules for 

Certain Unmanned Aircraft Systems, hereby petition the Administrator to commercially operate the DJI 

UAS in the National Airspace System (NAS), and for an exemption from the requirements of 14 C.F.R §§ 

21 subpart H, 61.113(a)&(b), 91.7(a), 91.9(b)2,91.103, 91.121, 91.151(a), 

In consideration of the speed, weight, size, and limited operating area associated with the unmanned 

aircraft and its operation, Vertical Domain's operation of the DJI Inspire 1 and DJI Phantom 2 UAS meets 

the conditions of FMRA Section 333 and therefore, will not require an airworthiness certificate in 

accordance with 14 C.F.R. Part 21, Subpart H. Accordingly, Vertical Domain requests relief from Sections 

91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), as these sections set forth requirements 

for maintenance that only apply to aircraft with an airworthiness certificate. 

Vertical Domain submits that the requested relief is proper since an equivalent level of safety will be 

ensured. Vertical Domain will use experienced personnel or technicians to perform maintenance, 

alterations, or preventive maintenance on the UAS using the methods, techniques, and practices prescribed 

in the operating documents (i.e., Maintenance Log, and DJI Instruction Manuals. Furthermore, Vertical 

Domain will document and maintain all maintenance records for the DJI UAS. Vertical Domain submits 

that they will ensure that the DJI UAS are in an airworthy condition, prior to every flight. 

Vertical Domain seeks relief from Section 45.23(b) Which states that 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. 

The size of the UAS is too small to fit the required markings on the fuselage. A smaller type or different 

designation could be used. 

Vertical Domain seeks Relief from certain requirements of Section 61.113(a) and (b), entitled Private pilot 

privileges and limitations: Pilot in command, to the extent necessary to allow a Pilot in Command (PIC) 

holding an airman medical certificate, and who has demonstrated, by meeting minimum flight- hour and 

currency requirements, that the PIC is able to safely operate the DJI UAS in a manner consistent with this 

exemption, including evasive and emergency maneuvers and maintaining appropriate distances from 

people, vessels, vehicles and structures. 

Vertical Domain also seeks an exemption from the requirements of Section 91.121, entitled Altimeter 

Settings, as the DJI UA will not have a typical barometric altimeter onboard. However, altitude information 

of the UA will be provided to the PIC via Global Positioning System (GPS) equipment and radio 

communications telemetry data link, which downlinks from the UA to the GCS for active monitoring of the 

flight path. This altitude information, combined with Vertical Domain's operation of the DJI UA within 

visual line of sight, at or below 400 feet AGL, will ensure a level of safety equivalent to Section 91.121.

Additionally, Vertical Domain seeks an exemption from the requirements of Section 91.151(a), entitled 

Fuel requirements for flight in VFR conditions. Vertical Domain submits that safety will not be affected by 

operation of the DJI UA during daylight hours in visual meteorological conditions (VMC) under visual 

flight rules (VFR), with enough battery power to fly for a total duration of approximately 13.5 minutes to 

the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 4.5 

minutes. In accordance with 14 C.F.R. § 11.81.
Aerotek Imaging provides the following information in support of their petition for exemption: 

Maintenance: 

To ensure safe operational control a maintenance program will be followed, Scheduled and preventive 

maintenance shall be documented and only quality replacement parts will be used. 

Equivalent level of Safety: 

Inspection: 

Preflight checks shall be completed before liftoff and continuous monitoring of in-flight systems shall be 

performed from the ground station from the moment of powering up for preflight until shutting down at the 

end of the operation. 

Before every flight, the UASs operational condition will be inspected for damage and deterioration, paying 

close attention to the props for damage, cracks or ware and the UASs fuselage for damage . If damage, 

cracks or unusual ware is detected, the damage and or ware will be logged and the flight will be suspended 

until proper repairs have been made. 

Hazards Spotter: To ensure safety, either the listing agent, seller, contractor, owner or another party, will 

be on site to review and observe hazards before and during the flight. 

Population of Intended Areas: To ensure safety, all non-essential personnel will be removed from the 

area. There will be no flight over heavily populated areas like stadiums, schools, malls, casinos, and the 

like during operating hours. 

Airports: According FAA rules and to ensure pilot(s) safety, there will no flight in or around airports 

unless explicit permission is granted according to current FAA regulations. 

Weather: To ensure safety of spotter, agents, property owners, pet and wildlife flights will be conducted in 

optimal weather conditions. Flights will not be conducted in winds above 20 mph.

Return-to-Home Feature: In the event the DJI UA loses signal or runs critically low on battery the UAS 

has a GPS controlled return to home feature. The "home" is set upon flight startup. - Auto Return-to-Home 

& Landing.

Flying in Confined Areas: There is a high probability of flying in confined spaces, around residential 

properties. Pilot and spotter will be in constant communication by two way radio, or cell phone, or other 

approved FAA communications device when geographically separated during flight to ensure awareness of 

obstacles, hazards and UAS location.

Line of Site: The UAS will always be within the line of site of the pilot and spotter. If the UAS cannot be 

seen the return home failsafe will be used to regain visual control.

Height: Fights will not exceed 400 ft AGL above subject properties at any time.

Pilot Qualifications

The Pilot in command will be familiar with current FAA regulations regarding UAS commercial usage.

The Pilot in command will have sufficient eye sight (with or without corrective lenses and without the aid 

of binoculars) to see and operate the UAS at the distances necessary for the purpose of the flight.

Pilot will be in good health.
Summary

Section 61.113(a) and (b) prescribes that—

(a) no person who holds a private pilot certificate may act as a 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.

The UAS is not capable of carrying passengers nor is it able to carry cargo aside from the mentioned 

gimbal mounted camera.

Section 91.7(a) prescribes that no person may operate a civil aircraft unless it is in an airworthy condition.

There are no specifications on what makes a UAS airworthy, during the preflight checks all propellers

and mountings are checked for damage and operation.

Section 91.7(a) prescribes that the pilot in command of a civil aircraft is responsible for determining

whether that aircraft is in condition for safe flight and that the PIC shall discontinue the flight when 

unairworthy mechanical, electrical, or structural conditions occur.

Section 91.9(b)(2) prohibits operation of U.S.-registered civil aircraft 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. 

Supplemental materials will include equipment and flight manuals issued with the UAS. Section 91.103(b) 

prescribes that a pilot shall for any flight, become familiar with runway lengths at airports of intended use, 

and takeoff and landing distance information. 

All landing zones will be thoroughly checked and flight areas reviewed before any flights are made. 

Section 91.109(a) prescribes, in pertinent part, that 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. 

The system is not available with dual controls, though with the UAS size and training in safe areas the 

instruction could be contained to a safe altitude and area where safety can be optimized for all involved.

Section 91.119 prescribes that, except when necessary for takeoff or landing, no person may operate an 

aircraft below the following altitudes: 

(a) Anywhere. An altitude allowing, if a power unit fails, an emergency landing without undue hazard to 

persons or property on the surface. 

(b) Over congested areas. Over any congested area of a city, town, or settlement, or over any open air 

assembly of persons, an altitude of 1,000 feet above the highest obstacle within a horizontal radius of 2,000 

feet of the aircraft. 

(c) Over other than congested areas. 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. 

(d) Helicopters, powered parachutes, and weight-shift-control aircraft. If the operation is conducted without 

hazard to persons or property on the surface—

(1) A helicopter may be operated at less than the minimums prescribed in paragraph (b) or (c) of this 

section, provided each person operating the helicopter complies with any routes or altitudes 

specifically prescribed for helicopters by the FAA; and 

(2) A powered parachute or weight-shift-control aircraft may be operated at less than the minimums 

prescribed in paragraph (c) of this section. 

Due to altitude limitations and the desire to avoid passenger carrying aircraft it is requested to maintain a 

maximum ceiling of 400’ with typical heights being below that dependent on angles and shots for 

photographic use.

Section 91.405(a) requires, in pertinent part, that an aircraft operator or owner shall have that aircraft 

inspected as prescribed in subpart E of the same part and shall, between required inspections, except as 

provided in paragraph (c) of the same section, have discrepancies repaired as prescribed in part 43 of the 

chapter. 

As there are no current maintenance requirements for UAS of this type it is not possible to meet this 

requirement at this time.
Section 91.121 requires, in pertinent part, 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.” 

The UAS is single operator only with no dual controls so there will be only one pilot during flight, the GPS 

system will reference the altitude at the launch point for every flight. This will also be the point that the 

UAS will return to upon completion.

Section 91.151(a) prescribes that no person may begin 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. 

Petitioner will operate UAS until the earlier of a maximum of thirty (30) minutes or when 25% of battery 

remains. All UAS are additionally equipped with a low battery failsafe that allow the UAS to safely land 

when little battery remains. The UAS are not propelled by fuel and will operate only within the safety 

constraints of the UAS battery life.

Section 91.203(a) prohibits, in pertinent part, any person from operating a civil aircraft unless it has within

it (1) an appropriate and current airworthiness certificate; and (2) an effective U.S. registration certificate 

issued to its owner or, for operation within the United States, the second copy of the Aircraft registration 

Application as provided for in § 47.31(c). 

Section 91.203(b) prescribes, in pertinent part, that no person may operate a civil aircraft unless the 

airworthiness certificate or a special flight authorization issued under § 91.715 is displayed at the cabin or 

cockpit entrance so that it is legible to passengers or crew. 

Section 91.407(a)(1) prohibits, in pertinent part, any person from operating an aircraft that has undergone 

maintenance, preventive maintenance, rebuilding, or alteration unless it has been approved for return to 

service by a person authorized under § 43.7 of the same chapter. 

Section 91.409(a)(2) prescribes, in pertinent part, that no person may operate an aircraft unless, within the 

preceding 12 calendar months, it has had an inspection for the issuance of an airworthiness certificate in 

accordance with part 21 of this chapter. 

There are currently no airworthiness certificates for the UAS to be used and also as there is no cabin 

cockpit or passenger compartment on the UAS it is not possible to store certificates on board the craft.

Section 91.417(a) and (b) prescribes, in pertinent part, that—

(a) Each registered owner or operator shall keep the following records for the periods specified in 

paragraph (b) of this section: 

(1) Records of the maintenance, preventive maintenance, and alteration and records of the 100-hour, 

annual, progressive, and other required or approved inspections, as appropriate, for each aircraft (including 

the airframe) and each engine, propeller, rotor, and appliance of an aircraft. The records must include—

(i) A description (or reference to data acceptable to the Administrator) of the work performed; and 

(ii) The date of completion of the work performed; and 

(iii) The signature, and certificate number of the person approving the aircraft for return to service. 

(2) Records containing the following information: 

(i) The total time in service of the airframe, each engine, each propeller, and each rotor. 

(ii) The current status of life-limited parts of each airframe, engine, propeller, rotor, and appliance. 

(iii) The time since last overhaul of all items installed on the aircraft which are required to be overhauled on 

a specified time basis. 

(iv) The current inspection status of the aircraft, including the time since the last inspection required by the 

inspection program under which the aircraft and its appliances are maintained. 

(v) The current status of applicable airworthiness directives (AD) and safety directives including, for each, 

the method of compliance, the AD or safety directive number and revision date. If the AD or safety 

directive involves recurring action, the time and date when the next action is required. 

(vi) Copies of the forms prescribed by § 43.9(d) of this chapter for each major alteration to the airframe and 

currently installed engines, rotors, propellers, and appliances. 

(b) The owner or operator shall retain the following records for the periods prescribed: 

(1) The records specified in paragraph (a)(1) of this section shall be retained until the work is repeated or 

superseded by other work or for 1 year after the work is performed. 

(2) The records specified in paragraph (a)(2) of this section shall be retained and transferred with the 

aircraft at the time the aircraft is sold. 

(3) A list of defects furnished to a registered owner or operator under § 43.11 of this chapter shall be 

retained until the defects are repaired and the aircraft is approved for return to service. 
Records of maintenance and engine replacement can be kept as well as prop changes and any repairs or 

fixes to the gimbal, electronics, and camera system. Maintenance records may not apply due to the 

relatively inexpensive cost of completely replacing parts instead of repair them.

Conclusion

Vertical Domain UAS pilots have a combined experience level of over 15 years of flying both manned and 

unmanned fixed wing aircraft. 

Vertical Domain's Petition for Exemption demonstrates the appropriate safeguards and criteria, including 

weight, speed, operating capabilities, proximity to airports and populated areas, operation within VLOS and 

national security concerns, that Congress expressed in Section 333 of the FAA Modernization and Reform 

Act of 2012 (FMRA), which will permit safe operation of the DJI Phantom 3 Professional and DJI Inspire 1 

UASs commercially, without an airworthiness certificate, for the limited purpose of conducting aerial video 

and photography over certain areas of the United States. By granting this Petition, the FAA Administrator 

will be fulfilling the Congressional mandate of the FAA Modernization and Reform Act of 2012, while also 

advancing the interests of the public, by allowing Vertical Domain to safely, efficiently, and economically 

operate the DJI Phantom 3 Professional and DJI Inspire 1 UASs commercially within the NAS. 

Furthermore, structural inspections, by their nature, can be difficult and dangerous. These risks can be 

avoided by using a small UAS under controlled conditions preventing possible human injury or death thus 

it is in the public interest to grant these exemptions. Thank you for your consideration of our requested 

exemption. If you have any questions or if you require additional information, please do not hesitate to 

contact me. 

Manufactures instruction manuals are available upon request. 

Respectfully,

Darian Williams

Vertical Domain

PO Box 227

Hazard, KY 41702

606-910-4535

info@verticaldomain.com