Vertical Lift Visuals, LLC 

402 Hill Hollow Road 

Petersburgh, NY 12138 

April23, 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 21 subpart H; 14 CFR 45.23(b); 14 CFR 

61.113(a); 14 CFR 91.7(a); 14 CFR 91.9(b)(2); 14 CFR 91.103; 14 CFR 91.109; 14 CFR 

91.119(c); 14 CFR 91.121; 14 CFR 91.151(a); 14 CFR 91.203 (a) & (b); 14 CFR 91.405 

(a); 14 CFR 91.407 (a) (1) 14 CFR 91.409 (a)(1) & (2); 14 CFR 91.417(a) & (b) 

Dear Sir or Madam: 

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

Act") and 14 CFR Part 11, Vertical Lift Visuals (VLV), 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 sUAS, so long as such 

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

established by the FAA as required by Section 333. 

Commercial operation of sUAS, as described herein, which are equipped with cameras 

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 and/or photography for public and/or private use including television, 

public events, cinematography and news gathering. 

3. Aerial inspection/photography of residential/commercial structures under contract 

with the owners or local government authority. 

4. 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. 

5. 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 sUAS for 

the purpose of the safe operation of sUAS to enhance the safety of the National 

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

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As described fully below, the requested exemption would permit the operation of sUAS 

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." 

CONTACT INFORMATION OF THE PETITIONER 

Vertical Lift Visuals, LLC 

402 Hill Hollow Road 

Petersburgh, NY 12138 

President and Chief Pilot 

John Maddox 

413-717-5317 

john @verticalliftvisuals.com 

REGULATIONS FROM WHICH THE EXEMPTION IS REQUESTED 

14 CFR Part 21 subpart H 

14 CFR 45.23 (b) 

14 CFR 61.113 (a) 

14 CFR 91.7 (a) 

14 CFR 91 .9 (b) (2) 

14 CFR 91.103 

14 CFR 91.109 

14 CFR 91.119 (c) 

14CFR91 .121 

14CFR91 .151 (a) 

14 CFR 91.203 (a) & (b) 

14 CFR 91.205 (b) 

14 CFR 91 .215 ADD 

14 CFR 91.405 (a) 

14 CFR 91.407 (a) (1) 

14 CFR 91.409 (a) (2) 

14 CFR 91.417 (a) & (b) 

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY 

VLV intends to operate multi-rotor sUAS weighing no more than 551bs. including 

payload. Under normal conditions they operate at speeds of no more than 50kts and 

have the ability hover and move along a vertical and horizontal plane simultaneously. 

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They will operate in line of sight and will operate within a closed off and predetermined 

area owned and/operated by the property representative. 

Given the small size of the sUAS 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 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. Accordingly the applicant requests that 

the FAA grant the requested exemption with minimum delay. 

The operation limitations proposed for an equivalent or higher level of safety because 

operations will further enhance the safety of the persons and/or property using 

conventional aircraft. 

These limitations and conditions to which the applicant agrees to adhere to when 

conducting commercial operations under the FAA issued exemption as set forth in the 

Flight Operations Manual (FOM) include: 

1 . The sUAS will weigh less than 55 lbs including payload and will be the following 

makes and models: 

a. DJI Phantom 2+ 

b. DJI Phantom 3 

2. Flights will be operated within line of sight of a pilot and/or observer. 

3. Maximum flight time for each operational flight will be 30 minutes. Flights will be 

terminated at 25% battery power reserve or 30 minutes of flight time whichever 

occurs first. 

4. Flights will be operated at an altitude of no more than 400 feet Above Ground 

Level (AGL) and not more than 200 feet above an elevated platform from which 

filming is planned. 

5. Minimum crew for each operation will consist of the sUAS Pilot, the Visual 

Observer (VO) and may include but not limited to a Camera Operator and trainee. 

6. The sUAS pilot will be a designated Pilot in Command (PIC) and hold a current 

Third or higher Class Medical Certificate, along with a valid state driver's license. If 

the PIC feels another operator to be qualified with the necessary skills to be PIC & 

possess a Third or higher Class Medical and a valid state driver's license, that 

person may be designated PIC provided they have a minimum of 20 hours of flight 

time with the sUAS. 

7. A briefing will be performed regarding the planned sUAS operations prior to each 

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

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8. The operator will file FAA Form 7711-1, or its equivalent, as modified in light of the 

requested exemption, with the appropriate local Flight Standards District Office 

(FSDO) no more than 72 hours but no less than 48 hours from planned operation. 

9. The operator will obtain verbal/written consent of all persons involved with the 

planned operation and ensure that only consenting persons will be allowed within 

1 00 feet of the flight operation, and the radius may be reduced to 30 feet based 

upon an equivalent level of safety determination, as required under the FOM. With 

the advanced permission of the FSDO, operations at closer range may be 

approved. 

10. The PIC and VO will have been trained in operation of sUAS and receive up-todate information for the particular sUAS to be operated. 

11 . The PIC and VO will be able to communicate by voice, radio, and/or text at all 

times. 

12. Written and/or verbal permission and permits will be obtained from territorial, state, 

county or city jurisdictions, including law enforcement, fire or other appropriate 

governmental agencies. 

13. If the sUAS loses communications or loses GPS signal, the sUAS will have the 

capability to return to a pre-determined location within a designated location and 

land autonomously. 

14. 14. The sUAS will have the capability to abort a flight in case of unpredicted 

obstacles, weather, or emergencies. 

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 the 

Applicant, 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 sUAS. In all cases, an analysis of these criteria 

demonstrates that the sUAS 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. 

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The sUAS to be operated hereunder is less than 55 lbs. fully loaded, carries neither a 

pilot nor passenger, carries no explosive materials or flammable liquid fuels, and 

operates exclusively within a secured and designated area. Unlike other civil aircraft, 

operations under this exemption will be tightly controlled and monitored by both the 

operator and under the requirements and in compliance with local public safety 

requirements. The FAA will have advance notice of all operations. These safety 

enhancements provide a greater degree of safety to the public and property owners 

than conventional operations conducted with airworthiness certificates issued under 14 

C.F.R. Part 21 , Subpart H. Lastly, application of these same criteria demonstrates that 

there is no credible threat to national security posed by the sUAS, 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 sUAS will have no airworthiness certificate, an exemption may be 

needed as the sUAS will have no entrance to the cabin, cockpit or pilot station on which 

the word "Experimental" can be placed. Given the size of the sUAS, two-inch lettering 

will be impossible. The word "Experimental" will be placed on the fuselage in 

compliance with §45.29 (f). 

The equivalent level of safety will be provided by having the sUAS marked on its 

fuselage as required by §45.29 (f) where the pilot, observer and others working with the 

sUAS will see the identification of the sUAS as "Experimental." 

14 C.F.R. § 61.113 (a): Private Pilot Privileges and Limitations: Pilot in Command 

Pursuant to 14 CFR 61.113 (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. Our sUAS do not carry any pilots or passengers nor property 

therefore I am seeking an exemption to 14 CFR 61.113(a). Although helpful, a pilot's 

license will not ensure remote control piloting skills. The risks attendant to the operation 

of sUAS is far less than the risk levels inherent in the commercial activities outlined in 

14 CFR 61 . I feel the operation and limitations set forth in the FOM will equate to the 

safe operation of the sUAS. 

14 C.F.R. §91.7(a): Civil Aircraft Airworthiness 

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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 for determining 

airworthiness. Given the size of the aircraft for maintenance and use of safety check 

lists prior to each flight an equivalent level of safety will be provided. 

14 C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft. 

Section 91 .9 (b) (2) provides: No person may operate a U.S.-registered civil aircraft ... 

(2) For 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. The sUAS, given its size and configuration has no ability or place to carry such 

a flight manual on the aircraft, not only because there is no pilot on board, but because 

there is no room or capacity to carry such an item on the aircraft. The equivalent level of 

safety will be maintained by keeping the flight manual at the ground control point where 

the pilot flying the sUAS will have immediate access to it. 

14 C.F.R. § 91.103: Preflight Action 

This regulation requires each pilot in command to take certain actions before flight to 

insure the safety of flight. As FAA approved rotorcraft flight manuals will not be provided 

for the aircraft an exemption will be needed. The PIC will take all actions including 

reviewing weather, flight battery requirements, landing and takeoff distances and aircraft 

performance data before initiation of flight. 

14 C.F.R. §91.109: Flight Instruction 

Section 91 .103 provides 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. sUAS and remotely piloted aircraft, by their design do not 

have fully functional dual controls. Flight control is accomplished through the use of a 

control box that communicates with the aircraft via radio communications. The FAA has 

approved exemptions for flight training without fully functional dual controls for a number 

of aircraft and for flight instruction in experimental aircraft. The equivalent level of safety 

provided by the fact that neither a pilot nor passengers will be carried in the aircraft and 

by the size and speed of the aircraft. 

14 C.F.R. §91.119: Minimum Safe Altitudes 

Section 91 .119 establishes safe altitudes for operation of civil aircraft. Section 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 sUAS that is a helicopter and the 

exemption requests authority to operate at altitudes up to 400 AGL, or not more than 

200 above an elevated platform from which filming is planned, an exemption may be 

needed to allow such operations. As set forth herein, the sUAS will never operate at 

higher than 400 AGL with the exception that in circumstances where the sUAS is used 

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to survey or photograph a structure whose height exceeds 400 feet AGL, the sUAS will 

not be operated more than 1 00' above the highest point on the structure. It will however 

be operated in a restricted area with security perimeter, where buildings and people will 

not be exposed to operations without their pre-obtained consent. 

The equivalent level of safety will be achieved given the size, weight, speed of the 

sUAS as well as the location where it is operated. No flight will be taken without the 

permission of the property owner or local officials. Because of the advance notice to the 

property owner and participants in the filming 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 551bs. 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 sUAS will ensure separation between these 

small- UAS operations and the operations of conventional aircraft that must comply with 

Section 91 .119. 

14 C.F.R. §91.121 Altimeter Settings 

This regulation 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 sUAS 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, pursuant to the safety 

check list and live flight data monitoring, confirming the altitude of the launch site shown 

on the GPS altitude indicator before flight. 

14 C.F.R. § 91.151 (a): Fuel Requirements for Flight in VFR Conditions 

Section 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 sUAS provides approximately 30 minutes of powered flight. To 

meet the 30 minute reserve requirement in 14 CFR §91.151, sUAS flights would be 

limited to approximately 10 minutes in length. Given the limitations on the sUAS's 

proposed flight area and the location of its proposed operations within a predetermined 

area, a longer time frame for flight in daylight or twilight VFR conditions is reasonable. 

Applicant believes that an exemption from 14 CFR §91 .151 (a) falls within the scope of 

prior exemptions. Operating the small UAS, in a tightly controlled area where only 

people and property owners or official representatives who have signed waivers will be 

allowed, with Jess than 30 minutes of reserve fuel, does not engender the type of risks 

that Section 91 .151 (a) was intended to alleviate given the size and speed of the small 

UAS. Additionally, limiting sUAS flights to 10 minutes would greatly reduce the utility for 

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which the exemption will be granted. Applicant believes that an equivalent level of 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 sUAS to its 

planned landing zone from anywhere in its limited operating area. 

14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration 

The regulation provides in pertinent part: 

(a) Except as provided in§ 91.715, no person may operate a civil aircraft unless it has 

within it the following: 

(b) (1) An appropriate and current airworthiness certificate .. . . 

(b) No person may operate a civil aircraft unless the airworthiness certificate required by 

paragraph (a) of this section 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. 

The sUAS fully loaded weighs no more than 55 lbs. and is operated without an onboard 

pilot. As such, there is no ability or place to carry certification and registration 

documents or to display them on the sUAS. 

An equivalent level of safety will be achieved by keeping these documents at the ground 

control point where the pilot flying the sUAS will have immediate access to them, to the 

extent they are applicable to the sUAS. 

14 C.F.R. §91.205 (b) Powered civil aircraft with standard category U.S. 

airworthiness certificates: Instrument and equipment requirements 

Several of the instrument and equipment requirements are not physically possible and/ 

or mechanically unnecessary to include on the sUAS that VLV intends to operate. 

Examples of these include but are not limited, to "oil temperature gauge for each aircooled engine" and "magnetic direction indicator." 

14 C.F.R. §91 .215 (a) & (b) ATC transponder and altitude reporting equipment and 

use 

The instrument and equipment requirements are not physically possible to include on 

the sUAS that VLV intends to operate. 

14 C.F.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. 

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Given that these sections 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 and operating handbook. An 

equivalent level of safety will be achieved because these small UASs 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 sUAS can land immediately and will be 

operating from no higher than 400 feet AGL. The operator will ensure that the sUAS 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. 

An equivalent level of safety will be achieved because maintenance and inspections will 

be performed in accordance with the sUAS Manufacturer's Manual, as referenced in the 

Aircraft Operations Manual (AOM). As provided in the FOM, the operator will ensure 

that the sUAS is in working order prior to initiating flight and perform required 

maintenance needed. 

Additional Information 

The chief pilot and president of Vertical Lift Visuals, LLC, John Maddox has been 

involved in the building and piloting of remote controlled aircraft for more than 10 years. 

As a Private Rotorcraft Pilot, he is dedicated to implementing the many safety and 

security features necessary to ensure that the sUAS industry develops with the best 

public and private interests. He also ensures that VLV pilots at a minimum hold a private 

certification. Currently, the ratings of the pilots range from Private Instrument to CFII. 

Each pilot will hold a Third Class Medical at a minimum. 

Each flight that VLV conducts will be performed in a similar manner to manned flights, 

which will include pre and post-flight inspections, checking NOTAMs, analyzing weather, 

using current sectional and terminal charts, determining emergency procedures, and 

utilizing any other methods and materials pertinent to the planned area of operations. 

Satisfaction of criteria provided in Section 333 of the Reform Act of 2012 provide more 

than adequate justification for the grant of the requested exemptions allowing the 

commercial operation of the applicant's sUAS. 

nere~y, J) 

'X~ ox 

President and Chief Pilot 

Vertical Lift Visuals 

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