June 11, 2015

Exemption No. 11796

Regulatory Docket No. FAA–2015–1051

Mr. Josh Taylor

Owner

Vertical Approach Aerial Solutions, LLC

126 Waverly Way

Aledo, TX 76008

Dear Mr. Taylor:

This letter is to inform you that we have granted your request for exemption. It transmits our 

decision, explains its basis, and gives you the conditions and limitations of the exemption, 

including the date it ends.

By letter dated April 11, 2015, you petitioned the Federal Aviation Administration (FAA) on 

behalf of Vertical Approach Aerial Solutions, LLC (hereinafter petitioner or operator) for an 

exemption. The petitioner requested to operate an unmanned aircraft system (UAS) to 

conduct aerial photography, video, and survey.

See Appendix A for the petition submitted to the FAA describing the proposed operations and 

the regulations that the petitioner seeks an exemption.

The FAA has determined that good cause exists for not publishing a summary of the petition 

in the Federal Register because the requested exemption would not set a precedent, and any 

delay in acting on this petition would be detrimental to the petitioner.

Airworthiness Certification

The UAS proposed by the petitioner is a DJI Inspire 1.

In accordance with the statutory criteria provided in Section 333 of Public Law 112−95 in 

reference to 49 U.S.C. § 44704, and in consideration of the size, weight, speed, and limited 

operating area associated with the aircraft and its operation, the Secretary of Transportation 
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has determined that this aircraft meets the conditions of Section 333. Therefore, the FAA 

finds that relief from 14 CFR part 21, Certification procedures for products and parts, 

Subpart H—Airworthiness Certificates, and any associated noise certification and testing 

requirements of part 36, is not necessary.

The Basis for Our Decision

You have requested to use a UAS for aerial data collection1. The FAA has issued grants of 

exemption in circumstances similar in all material respects to those presented in your petition. 

In Grants of Exemption Nos. 11062 to Astraeus Aerial (see Docket No. FAA−2014−0352), 

11109 to Clayco, Inc. (see Docket No. FAA−2014−0507), 11112 to VDOS Global, LLC (see

Docket No. FAA−2014−0382), and 11213 to Aeryon Labs, Inc. (see Docket No. 

FAA−2014−0642), the FAA found that the enhanced safety achieved using an unmanned 

aircraft (UA) with the specifications described by the petitioner and carrying no passengers or 

crew, rather than a manned aircraft of significantly greater proportions, carrying crew in 

addition to flammable fuel, gives the FAA good cause to find that the UAS operation enabled 

by this exemption is in the public interest.

Having reviewed your reasons for requesting an exemption, I find that—

 They are similar in all material respects to relief previously requested in Grant of 

Exemption Nos. 11062, 11109, 11112, and 11213;

 The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and 

11213 also apply to the situation you present; and 

 A grant of exemption is in the public interest.

Our Decision

In consideration of the foregoing, I find that a grant of exemption is in the public interest. 

Therefore, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701, 

delegated to me by the Administrator, Vertical Approach Aerial Solutions, LLC is granted an 

exemption from 14 CFR §§ 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a), 61.315(a), 

91.7(a), 91.119(c), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 

91.417(a) and (b), to the extent necessary to allow the petitioner to operate a UAS to perform 

aerial data collection. This exemption is subject to the conditions and limitations listed 

below.

 

1 Aerial data collection includes any remote sensing and measuring by an instrument(s) aboard the UA. 

Examples include imagery (photography, video, infrared, etc.), electronic measurement (precision surveying, RF 

analysis, etc.), chemical measurement (particulate measurement, etc.), or any other gathering of data by 

instruments aboard the UA.
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Conditions and Limitations

In this grant of exemption, Vertical Approach Aerial Solutions, LLC is hereafter referred to as 

the operator.

Failure to comply with any of the conditions and limitations of this grant of exemption will be 

grounds for the immediate suspension or rescission of this exemption.

1. Operations authorized by this grant of exemption are limited to the DJI Inspire 1 when 

weighing less than 55 pounds including payload. Proposed operations of any other 

aircraft will require a new petition or a petition to amend this exemption.

2. Operations for the purpose of closed-set motion picture and television filming are 

not permitted. 

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The 

exemption holder may use either groundspeed or calibrated airspeed to determine 

compliance with the 87 knot speed restriction. In no case will the UA be operated at 

airspeeds greater than the maximum UA operating airspeed recommended by the 

aircraft manufacturer.

4. The UA must be operated at an altitude of no more than 400 feet above ground level 

(AGL). Altitude must be reported in feet AGL.

5. The UA must be operated within visual line of sight (VLOS) of the PIC at all times. 

This requires the PIC to be able to use human vision unaided by any device other than 

corrective lenses, as specified on the PIC’s FAA-issued airman medical certificate or 

U.S. driver’s license.

6. All operations must utilize a visual observer (VO). The UA must be operated within 

the visual line of sight (VLOS) of the PIC and VO at all times. The VO may be used 

to satisfy the VLOS requirement as long as the PIC always maintains VLOS 

capability. The VO and PIC must be able to communicate verbally at all times; 

electronic messaging or texting is not permitted during flight operations. The PIC 

must be designated before the flight and cannot transfer his or her designation for the 

duration of the flight. The PIC must ensure that the VO can perform the duties 

required of the VO.

7. This exemption and all documents needed to operate the UAS and conduct its 

operations in accordance with the conditions and limitations stated in this grant of 

exemption, are hereinafter referred to as the operating documents. The operating 

documents must be accessible during UAS operations and made available to the 

Administrator upon request. If a discrepancy exists between the conditions and 

limitations in this exemption and the procedures outlined in the operating documents, 
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the conditions and limitations herein take precedence and must be followed. 

Otherwise, the operator must follow the procedures as outlined in its operating 

documents. The operator may update or revise its operating documents. It is the 

operator’s responsibility to track such revisions and present updated and revised 

documents to the Administrator or any law enforcement official upon request. The 

operator must also present updated and revised documents if it petitions for extension 

or amendment to this grant of exemption. If the operator determines that any update 

or revision would affect the basis upon which the FAA granted this exemption, then 

the operator must petition for an amendment to its grant of exemption. The FAA’s 

UAS Integration Office (AFS−80) may be contacted if questions arise regarding 

updates or revisions to the operating documents.

8. Any UAS that has undergone maintenance or alterations that affect the UAS operation 

or flight characteristics, e.g., replacement of a flight critical component, must undergo 

a functional test flight prior to conducting further operations under this exemption. 

Functional test flights may only be conducted by a PIC with a VO and must remain at 

least 500 feet from other people. The functional test flight must be conducted in such 

a manner so as to not pose an undue hazard to persons and property.

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is 

in a condition for safe operation.

10. Prior to each flight, the PIC must conduct a pre-flight inspection and determine the 

UAS is in a condition for safe flight. The pre-flight inspection must account for all 

potential discrepancies, e.g., inoperable components, items, or equipment. If the 

inspection reveals a condition that affects the safe operation of the UAS, the aircraft is 

prohibited from operating until the necessary maintenance has been performed and the 

UAS is found to be in a condition for safe flight.

11. The operator must follow the UAS manufacturer’s maintenance, overhaul, 

replacement, inspection, and life limit requirements for the aircraft and 

aircraft components.

12. Each UAS operated under this exemption must comply with all manufacturer 

safety bulletins.

13. Under this grant of exemption, a PIC must hold either an airline transport, 

commercial, private, recreational, or sport pilot certificate. The PIC must also hold a 

current FAA airman medical certificate or a valid U.S. driver’s license issued by a 

state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal 

government. The PIC must also meet the flight review requirements specified in 

14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.
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14. The operator may not permit any PIC to operate unless the PIC demonstrates the 

ability to safely operate the UAS in a manner consistent with how the UAS will be 

operated under this exemption, including evasive and emergency maneuvers and 

maintaining appropriate distances from persons, vessels, vehicles and structures. PIC 

qualification flight hours and currency must be logged in a manner consistent with 

14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs 

(training, proficiency, and experience-building) and determining the PIC’s ability to 

safely operate the UAS in a manner consistent with how the UAS will be operated 

under this exemption are permitted under the terms of this exemption. However, 

training operations may only be conducted during dedicated training sessions. During 

training, proficiency, and experience-building flights, all persons not essential for 

flight operations are considered nonparticipants, and the PIC must operate the UA 

with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119.

15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All 

operations must be conducted under visual meteorological conditions (VMC). Flights 

under special visual flight rules (SVFR) are not authorized.

16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as 

denoted in the current FAA Airport/Facility Directory (AFD) or for airports not 

denoted with an ARP, the center of the airport symbol as denoted on the current 

FAA-published aeronautical chart, unless a letter of agreement with that airport’s 

management is obtained or otherwise permitted by a COA issued to the exemption 

holder. The letter of agreement with the airport management must be made available 

to the Administrator or any law enforcement official upon request.

17. The UA may not be operated less than 500 feet below or less than 2,000 feet 

horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.

18. If the UAS loses communications or loses its GPS signal, the UA must return to a 

pre-determined location within the private or controlled-access property.

19. The PIC must abort the flight in the event of unpredicted obstacles or emergencies.

20. The PIC is prohibited from beginning a flight unless (considering wind and forecast 

weather conditions) there is enough available power for the UA to conduct the 

intended operation and to operate after that for at least five minutes or with the reserve 

power recommended by the manufacturer if greater.

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All 

operations shall be conducted in accordance with an ATO-issued COA. The 

exemption holder may apply for a new or amended COA if it intends to conduct 

operations that cannot be conducted under the terms of the attached COA.
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22. All aircraft operated in accordance with this exemption must be identified by serial 

number, registered in accordance with 14 CFR part 47, and have identification 

(N−Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must 

be as large as practicable.

23. Documents used by the operator to ensure the safe operation and flight of the UAS and 

any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the 

PIC at the Ground Control Station of the UAS any time the aircraft is operating. 

These documents must be made available to the Administrator or any law enforcement 

official upon request.

24. The UA must remain clear and give way to all manned aviation operations and 

activities at all times. 

25. The UAS may not be operated by the PIC from any moving device or vehicle. 

26. All Flight operations must be conducted at least 500 feet from all nonparticipating 

persons, vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons 

from the UA and/or debris in the event of an accident. The operator must ensure 

that nonparticipating persons remain under such protection. If a situation arises 

where nonparticipating persons leave such protection and are within 500 feet of 

the UA, flight operations must cease immediately in a manner ensuring the safety 

of nonparticipating persons; and

b. The owner/controller of any vessels, vehicles or structures has granted permission 

for operating closer to those objects and the PIC has made a safety assessment of 

the risk of operating closer to those objects and determined that it does not 

present an undue hazard.

The PIC, VO, operator trainees or essential persons are not considered 

nonparticipating persons under this exemption.

27. All operations shall be conducted over private or controlled-access property with 

permission from the property owner/controller or authorized representative. 

Permission from property owner/controller or authorized representative will be 

obtained for each flight to be conducted.

28. Any incident, accident, or flight operation that transgresses the lateral or vertical 

boundaries of the operational area as defined by the applicable COA must be reported 

to the FAA's UAS Integration Office (AFS−80) within 24 hours. Accidents must be 

reported to the National Transportation Safety Board (NTSB) per instructions 

contained on the NTSB Web site: www.ntsb.gov.
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If this exemption permits operations for the purpose of closed-set motion picture and 

television filming and production, the following additional conditions and limitations apply.

29. The operator must have a motion picture and television operations manual (MPTOM) 

as documented in this grant of exemption.

30. At least 3 days before aerial filming, the operator of the UAS affected by this 

exemption must submit a written Plan of Activities to the local Flight Standards 

District Office (FSDO) with jurisdiction over the area of proposed filming. The 3-day 

notification may be waived with the concurrence of the FSDO. The plan of activities 

must include at least the following:

a. Dates and times for all flights;

b. Name and phone number of the operator for the UAS aerial filming conducted 

under this grant of exemption;

c. Name and phone number of the person responsible for the on-scene operation of 

the UAS;

d. Make, model, and serial or N−Number of UAS to be used;

e. Name and certificate number of UAS PICs involved in the aerial filming;

f. A statement that the operator has obtained permission from property owners 

and/or local officials to conduct the filming production event; the list of those 

who gave permission must be made available to the inspector upon request;

g. Signature of exemption holder or representative; and

h. A description of the flight activity, including maps or diagrams of any area, city, 

town, county, and/or state over which filming will be conducted and the altitudes 

essential to accomplish the operation.

31. Flight operations may be conducted closer than 500 feet from participating persons 

consenting to be involved and necessary for the filming production, as specified in the 

exemption holder’s MPTOM.

Unless otherwise specified in this grant of exemption, the UAS, the UAS PIC, and the UAS 

operations must comply with all applicable parts of 14 CFR including, but not limited to, 

parts 45, 47, 61, and 91.
8

This exemption terminates on June 30, 2017, unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan

Director, Flight Standards Service

Enclosures
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Project Officer: _______________

MR JOSH TAYLOR

126 WAVERLY WAY

ALEDO TX 76008
Vertical Approach Aerial Solutions, LLC

126 Waverly Way

Aledo, TX 76008

April 11th, 2015

Docket Operations, M-30

U.S. Department of Transportation

Room W12-140, West Building Ground Floor

1200 New Jersey Avenue, SE.

Washington, DC 20590-0001

Re: Exemption Request under Section 333 of the FAA Reform Act and Part 11 of the 

Federal Aviation Regulations

Dear Sir or Madam:

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

“Reform Act”) and 14 C.F.R. Part 11, Vertical Approach Aerial Solutions, LLC 

(Operator) seeks an exemption from Federal Aviation Regulations (FARs) to allow 

commercial operations of their UASs (Unmanned Aerial Systems) for the purpose of 

conducting aerial photography, video, and survey for various industries.

Regarding the Unmanned Aircraft Systems

1. The requested exemption would support an application for a commercial 

Certificate of Authorization (COA) to use the below described UAS, so long as 

operations are conducted within and under the conditions outlined herein or as 

may be established by the FAA as required by Section 333. Like the FAA, it is 

the Operator’s mission to provide the safest and most efficient means of Civil 

Commercial implementation into the National Airspace System (NAS). 

Furthermore, the Operator is comprised of members with the equivalent of a FAA 

Commercial Certificate or higher adding an additional layer of high regard for 

safe operations as well as the necessary high-level of understanding of the NAS 

and FARs.

 DJI Inspire 1 – Reference Inspire 1 User Manual (EN) v1.0

 The Inspire 1 is a quadcopter UAS capable of capturing 4K video and 

transmitting an HD video signal to a ground station. Equipped with 

retractable landing gear, it can capture an unobstructed 360 degree view 

from its camera. The built-in camera has an integrated gimbal to 

maximize stability and weight efficiency while minimizing space. When 

no GPS signal is available, Vision Positioning technology provides 

hovering precision. 
Docket Operations

April 11, 2015

Page 2

2. Reference Inspire 1 Maintenance Manual v1.0

3. Reference Inspire 1 User Manual (EN) v1.0 [FCC Compliance – Appendix Pg 62]

Regarding the Unmanned Aircraft PIC

4. Operator proposes to operate its UASs with a pilot holding, at a minimum, a 

private pilot certificate.

 The UAS PIC will be trained in advance for the safe operation of the UAS to be 

operated. This will include operation of the UAS both in normal and emergency

modes of operation, and will include familiarization with the user manual 

published by the UAS manufacturer. Training will also include types of 

maneuvers to be performed and the safe operation in relation to persons, property 

and applicable airspace.

 The PIC must have accumulated a minimum of 100 flight cycles and 25 

hours of total time as a UAS pilot and at least 10 hours logged as a UAS’s

pilot with a similar UAS type. 

 All operations must utilize Visual Observers (VOs). VOs who are not pilots will 

attend ground training to understand the roles of an observer, communication 

procedures, and proper visual scan techniques, operations at non-towered airports, 

and appropriate sections of the Aeronautical Information Manual.

5. The PIC must possess at least a third-class airman medical certificate for all of 

petitioner’s flight operations. 

Regarding the Operation of the Unmanned Aircraft

6. Operator proposes Civil Commercial operation of an UAS to operate in the 

following manner:

 Aerial photography and/or video for public and/or private use including real 

estate, architecture, land surveying, engineering and other related professional 

activities.

 Aerial video and/or photography for public and/or private use including 

television, public events, cinematography and news gathering.

 Aerial inspection/photography of residential/commercial structures under contract 

with the owners or local government authority.
Docket Operations

April 11, 2015

Page 3

 Aerial inspection/photography of residential/commercial utility infrastructure 

including but not limited to electrical power lines, wind turbines and cell towers.

 Aerial video/photography or providing live video feed (so as long as all other 

parameters are met contained herein) 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.

 The ability to offer training to persons individually or belonging to both private 

and/or public organizations that have interests in the use and application of a UAS 

for the purpose of the safe operation of a UAS to enhance the safety of the 

National Airspace System (NAS) as well as for the protection of the persons and 

property.

 For additional operator adherence:

o Reference – Inspire 1 Safety Guidelines v1.0

7. The UAS may not be flown at an indicated airspeed exceeding 29 knots (15 m/s). 

The UAS must be operated at an altitude of no more than 400 feet above ground 

level (AGL). The UA may not be operated less than 500 feet below or less than 

2,000 feet horizontally from a cloud or when visibility is less than 3 statute miles 

from the PIC. UAS operations may not be conducted during night, as defined in 

14 CFR § 1.1. 

 All operations must be conducted under visual meteorological conditions (VMC). 

Flights under special visual flight rules (SVFR) are not authorized.

 A briefing will be performed regarding the planned UAS operations prior to each 

day’s flight consisting of all the days’ production activities.

 Flights will be terminated at 20% battery power.

8. As described fully above, the requested exemption would permit the operation of 

an UAS under controlled conditions in the NAS that would be a) limited b) 

controlled c) predetermined and d) will provide safety enhancements to the 

already safe operations in the industry presently using conventional aircraft. 

Approval of this exemption would thereby enhance safety and fulfill the Secretary

of Transportation’s (the FAA Administrator’s) responsibilities to “....establish 

requirements for the safe operation of such aircraft systems in the national 

airspace system.”

Given the small size of the UAS and the controlled environment provided, the 

proposed operations will adhere to the Reform Act’s safety requirements. The 

approval of this application presents no national security issues. Regarding the
Docket Operations

April 11, 2015

Page 4

level of safety surrounding the proposed operations and the public benefit, 

reduction in environmental impacts, including but not limited to reduced 

emissions and noise, the grant of the requested exemption is in the public interest. 

9. The UAS may not operate within 5 nautical miles of an airport reference point as 

denoted on a current FAA-published aeronautical chart unless a letter of 

agreement with the airport’s management is obtained, and the operation is 

conducted in accordance with a Notice to Airmen (NOTAM), as required by the 

operator’s COA. 

10. The UAS must be operated within the visual line of sight (VLOS) of the PIC and 

VO at all times. The VO may be used to satisfy the VLOS requirement as long as 

the PIC always maintains VLOS capability. The VO and PIC must be able to 

communicate verbally at all times. Electronic messaging or texting is not 

permitted during flight operations. 

11. Reference – Inspire 1 Safety Guidelines v1.0

12. Operator’s Point of Contact – Mr. Chris Doherty

North Texas FSDO

8700 Freeport Parkway

Suite 225

Irving, TX 75063

13. Operator will obtain required COAs once exemption is granted. 

Exemption Requests and Equivalent Level of Safety

14 CFR Part 21, Subpart H: Airworthiness Certificates 14 CFR § 91.203 (a)(1)

Based on the limited size, weight, operating conditions, design safety features, and 

the imposed conditions and limitations, Operator has demonstrated that its operations 

would not adversely affect safety compared to similar operations conducted with 

aircraft that have been issued an airworthiness certificate under 14 CFR part 21, 

Subpart H. Therefore, as the FAA found for Astraeus Aerial, Exemption 11062, the 

requested relief from 14 CFR Part 21, and any associated noise certification and 

testing requirements of part 36, is not necessary.

14 CFR § 45.23 (b) – Display of marks

Since Operator’s UAS has no entrance to the cabin, cockpit, or pilot station on which 

the markings can be placed, two inch lettering will be impossible. Official marking 

systems for small UAS have not yet been established for operations inside the NAS. 
Docket Operations

April 11, 2015

Page 5

Operator is prepared to mark the UAS with the name of the organization and location 

nor origin and fulfill any other request by the FAA to this topic in accordance with 

45.29 (f) where the pilot, observer, and others working with the sUAS will see the 

identification of the sUAS. The FAA has issued the following exemptions to this 

regulation, see Exemption Nos. 8738, 10167, 10167A and 10700.

14 CFR § 61.113 (a) & (b) - Private pilot privileges and limitations

This regulation provides:

(a) This regulation provides that no person that holds a private pilot certificate may 

act as pilot in command of an aircraft for compensation or hire.

(b) This allows a private pilot to 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. 

All the requirements of a private pilot certificate will prepare the UAS operator for 

the environment that they will be operating in. 

*Please reference Grant of Exemption No. 11062 to Astraeus Aerial (Astraeus), the 

FAA determined that a PIC with a private pilot certificate operating a UAS would not 

adversely affect operations in the NAS or present a hazard to persons or property on 

the ground.

14 CFR § 91.7 (a) & (b) - Civil aircraft airworthiness

This regulation provides:

(a) No person may operate a civil aircraft unless it is in an airworthy condition. 

(b) The pilot in command of a civil aircraft is responsible for determining whether 

that aircraft is in condition for safe flight. The pilot in command shall discontinue 

the flight when unairworthy mechanical, electrical, or structural conditions occur. 

While the operator’s UAS will not require an airworthiness certificate, operator is 

required to ensure that its aircraft is in an airworthy condition – based on compliance 

with the operating documents prior to every flight. As previously determined with 

Astraeus Aerial, Exemption 11062, relevant materials may be kept in a location 

accessible to the PIC in compliance with the regulations. 

14 CFR § 91.9 (b)(2) - Civil Aircraft Flight Manual, marking, and placard 

requirements
Docket Operations

April 11, 2015

Page 6

14 CFR § 91.203 (a) & (b) - Civil aircraft: Certifications required

As previously determined with Astraeus Aerial, Exemption 11062, relief from these 

sections are not necessary. Relevant materials may be kept in a location accessible to 

the PIC in compliance with the regulations.

14 CFR § 91.109 - Flight instruction: Simulated instrument flight and certain 

flight tests 

This regulation provides that "No person may operate a civil aircraft that is being 

used for flight instruction unless that aircraft has fully functioning dual controls." 

The controls for a UAS do not currently have a set of fully functioning dual controls. 

If a UAS’s pilot is being trained, the pilot performing the training would be directly 

supervising and could take over the controls from the pilot in training if the need 

arose. This would be similar to the technique of a "throw-over type" control wheel in

some fixed wing aircraft. We feel that this technique meets the intent 91 .109 and 

provides an equivalent level of safety.

14 CFR § 91.119 - Minimum safe altitudes

This regulation provides that over sparsely populated areas the aircraft cannot be 

operated closer than 500 feet to any person, vessel, vehicle, or structure. 

Since the typical mission of this UAS would be photography or survey of persons, 

vessels, vehicles or structures it would be necessary to operate closer than 500 feet to 

the items listed. Operations will only be flown over property or persons where 

permission has been obtained, and careful pre-planning has been performed. Further, 

UAS aircraft operate at a very slow airspeed, and a low mass, and do not need as 

much space to operate safely, as outlined in 91.119. We believe the slower speed, 

smaller mass and careful pre-planning would provide an equivalent level of safety. 

Furthermore, Operator can place barriers and/or structures to sufficiently protect 

nonparticipating person from the UA or debris in the event of an accident.

14 CFR § 9l.l21 - Altimeter settings

This regulation provides that aircraft shall maintain cruising altitudes by reference to 

an altimeter setting available within 100 nautical miles of the aircraft. 

The UAS will normally be flying close to the ground, and in line of sight of the PIC 

or an observer. This line of sight operation will provide separation from other aircraft, 

obstructions and terrain providing an equivalent level of safety. Additionally, the 

altitude information generated by onboard GPS equipment installed on the aircraft 

will aid in estimating the altitude.
Docket Operations

April 11, 2015

Page 7

14 CFR § 91.151 - Fuel requirements for flight in VFR conditions

This regulation provides that no person may begin a flight in an airplane under dayVFR conditions unless there is enough fuel to fly to the first point of intended landing 

and to fly after that for at least 30 minutes. We feel the intention of this paragraph it 

to provide a reasonable reserve of energy to plan for a safe landing should there be a 

delay in landing. Given the close proximity to the ground station, the ability for the 

UAS to land in a very small space and the built in energy level monitoring of the 

UAS there is a resulting equivalent level of safety if the flight is planned to be 

completed with 20% battery energy remaining. We request an exemption to the word 

"fuel" and ask for an equivalent interpretation with the word "energy".

14 CFR § 91.205 (b) – Powered civil aircraft with standard category U.S. 

airworthiness certificates: Instrument and equipment requirements

Since the Operator’s UAS does not have a standard category U.S. airworthiness 

certificate, relief from 14 CFR § 91.205 is not necessary.

14 CFR § 91.215 - ATC transponder and altitude reporting equipment and use

Section 91.215 (b)(3) includes provision for aircraft not originally certificated with an 

engine-driven electrical system or which has not subsequently been certified with 

such a system installed. For UAS not equipped with a transponder, sub-paragraph 

(d)(3) authorizes requests for ATC authorized deviations made to the ATC facility

having jurisdiction over the concerned airspace within the time periods specified. For 

operation of an aircraft that is not equipped with a transponder, the request must be 

made at least one hour before the proposed operation.

14 CFR § 91.401 – 91.417 – Maintenance, preventive maintenance, and alterations

This regulation provides that the operator is primarily responsible for maintaining the 

aircraft in an airworthy condition, including compliance with part 39 and 43. 

Operator believes that adherence to their documents containing preflight and postflight checks for the UAS is sufficient to ensure that safety is not adversely affected.

Respectuflly,

/s/

Josh Taylor

Owner, Vertical Approach Aerial Solutions, LLC

Phone: 817.781.8515

e-mail: josh@verticalapproach.com