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. P art 11, Ve rtical Dom ain , 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 th e 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, wo uld operate in the follow ing m anner: 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 ev ents, cinematography and news gathering. 4. Aerial inspection/photography of residential/commercial utility infrastructure including but not limited to electrical pow er lines, wind turbines and cell tow er’s (sUAS can reduce the need for a person to perform i nspections 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 in ches, 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 pow ered electric mo tors. The DJI UASs that wil l be operated by Vertical Domain will be registered in accordance with 49 U.S.C. 44103, Registration of Aircraft, as w ell as 14 C.F.R Part 47, Aircraft Registration, and marked in accordance with 14 C.F.R. Part 45, Identific ation and Registration Marking. Specifically, each UAS is: A l ightweight (< 55.0 lb gross w eight with all on

- board equipment), battery operated 4

- mo tor 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 G PS 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 te lemetry 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 600m

W, 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 ope ration 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 Obs erver (VO)**BASIS FOR PETITION**

Petitione r, 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 airw orthiness certificate in accordance wi th 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 ai rw orthiness 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 Manua ls. Furthermore, Vertical Dom ain 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 airw orthy condition, prior to every flight. Vertical Domain seeks relief from Secti on 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 al so 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 si ze 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 lim itations: 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 91.12 1, entitled Altimeter Settings, as the DJI UA will not have a typical barometric altimeter onboard. How ever, altitude information of the UA will be provided to the PIC via Global Positioning System (GPS) equipment and radio communications telemetry data li nk, which downlinks from the UA to the GCS for active monitoring of the flight path. This altitude information, com bined 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 equ ivalent 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 D JI UA during daylight hours in visual meteorological conditions (VMC) under visual flight rules (VFR), with enough battery pow er 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 Im aging provides the following inform**  **ation in support of their petition for exemption:**

**Maintenance:** To ensure safe operational control a maintenance p rogram will be follow ed, 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 w are 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 pi lot(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** 
**- Hom**  **e Feature:** In the event the DJI UA lose s signal or runs crit ically 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 prope rties. Pilot and spotter will be in constant communication by tw o 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:** T he 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 Qualif**

**ications** 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 w

ho 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 prop ellers 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 disconti nue 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, appr oved 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 informat ion. 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 fli ght 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 pow er 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 r adius of 2,000 feet of the aircraft. (c) Over other than congested areas. An altitude of 500 feet above the surface, except over open w ater or sparsely populated areas. In those cases, the aircraft may not be operated closer than 500 feet to any person, v essel, vehicle, or structure. (d) Helicopters, pow ered 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 w eight

- 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 ow ner shall have that aircraft inspected as prescribed in subpart E of the same part and shall, betw een required inspections, except as provided i n 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 requi res, 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 w eather 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 airw orthiness 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 § 4 7.31(c). Section 91.203(b) prescribes, in pertinent part, that no person may operate a civil aircraft unless the airw orthiness 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, roto r, 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, includ ing 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 airw orthiness 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 majo r 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 w ork 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 so ld. (3) A list of defects furnished to a registered ow ner 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 Domai n 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 E xemption 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 saf e operation of the DJI Phanto m 3 Professional and DJI Inspire 1 UASs commercially, without an airw orthiness 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 pub lic, by allowing Vertical Domain to safely, efficiently, and economically operate the DJI Phantom 3 Professional and DJI Ins pire 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