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Randy Haugen Vistaspec LLC 1971 S. Estes St. Lakewood, Colorado 80227

United States Department ofTransportationDocketManagement System 1200 New Jersey Ave., SE West Building Ground Flo'or RoomW12-140 Washington, DC 20590

RE: Exemption Request Section 333 ofthe FAA Reform Act of2012 and Part 11 ofthe Federal Aviation Regulations from 14 C.F.R. Part21; 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; 14C.F. R. 91.119; 14 C.F.R. 91.121; 14 CFR 91.151 (a); 14 CFR91.203 (a) & (b);· 14 CFR91.405 (a); 14 CFR407 (a) (1); 14 CFR409 (a)(2); 14 CFR417 (a) & (b)

Dear Sir or Madam,

Pursuantto Section 333 ofthe FAAModernization and Reform Act of2012 and 14 C.F.R. Part 11, Vistaspec LLC, operator ofSmall Unmanned Aircraft Systems (sUAS), hereby applies for an exemption from the listed Federal AviationRegulations (FARs) to allow commercial operation ofits sUASs, so long as such operations are conducted within and under the conditions outlined herein or as may be established by the Federal Aviaticn Administration (FAA) as required by Section 333.

Commercial operation ofan UAS, as described herein, which are equipped with camera(s) and sensors, would operate in the following manner:
Aerial photography and/or video for public and/or private use includingreal estate, architecture, land surveying, engineering and other related professional activities.



### "> Aerial video/photography orproviding live video feed to assist with search and rescue operations in cases of

an emergency or natural disaster only whenthe local authorities or government has requested it by contract or donation.



### "> Aerial video and/or photography for public and/or private use includingtelevision, public events, cinematography and news gathering.


### "> Aerial inspection/photography ofresidential/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 ofinjury or death.)



### "> The ability to offer trainingto persons individually or belonging to both private and/or public organizations that have interests inthe safe use and operation ofa UAS.



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BACKGROUND

Unmanned Aircraft Systems

);> 

### DJI Spreading Wings S-1000 );> 

### DJI Inspire 1 );> 

### DJI Phantom 3 );> 

### HH Blade 350QX3 AP UAS's Vistaspec seeks an exemption to operate DJI systems for compensation orhire within the NAS. The DJI Spreading Wings S-1000, DJI Phantom 3and DJI Inspire 1are vertical takeoffand landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station(GCS) utilizing electronic tablet or smartphone systems. The DJI Spreading Wings S-1000 has a gross weight ofapproximately 20 pounds with a length of51" and width of51 inches, a height ofapproximately 18inches with a maximum speed of3 9knots, while the DJI Phantom 3has a maximum gross weight ofapproximately 2 pounds 11 ounces, while having a length of 16 inches, a width of 16 inches, height of8inches, and a maximum speed ofapproximately 29 knots. The DJI Inspire 1has amaximum gross weight of6 pounds 7.5 ounces, a length of 17.3 inches, width of 17.7 inches, height of 11.8 inches, and a maximum speed ofapproximately 42 knots. The DJI Spreading Wings S-1000 is equipped with 8main rotors; driven by Lithium Polymer battery powered electric motors, where as the DJI Phantom 3 and DJI Inspire 1 UAs

are equipped with four main rotors; driven by Lithium Polymer battery powered electric motors. The HH Blade 350QX3 AP has a maximum gross weight of4pounds 0 ounces, a length of 18.3 inches, width of 17.7 inches, height of7.48 inches, and amaximum speed ofApproximately 29 knots.

The DJI UASs that will be operated by Vistaspec will be registered in accordance with 49 U.S.C. 44103, Registration ofAircraft, as well as 14 C.F.R Part47, Aircraft Registration, and marked in accordance with 14 C.F.R. Part45, Identification and Registration Marking.
Specifically, each UAS is: A lightweight(< 55.0 lb. gross weight with all on-board equipment), battery operated 4

or 8 motor rotorcraft in the form ofa quad copter or octocopter that takes offand lands vertically, manufactured by DJI and Horizon Hobby 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 ofcapturing imagery in the form offull 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 offlight and direction back to its launch site;

);> 

### A 600mW, 5.8GHz on-boardradio transmitter that transmits live video from the on-board cameraplus all the flight data from the telemetry system described above; The Ground Station Includes:

);> 

### APilot in Command (PIC) in operational control ofa flight operation from beginning to end and who controls the UAS while in the air;);> A radio receiver receiving live video and flight datafrom 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 FORPETITION

Petitioner, Vistaspec pursuantto the provisions ofthe Federal AviationRegulations (14 C.P.R. § 11.61) and the FAA Modernization and Reform Act of2012 (FMRA), Section 333, SpecialRules for Certain UnmannedAircraftSystems, hereby petition the Administratorto commercially operate the DJI UAS's and the HH Blade 350QX3 AP UAS's inthe 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 ofthe speed, weight, size, and limited operating area associated with the unmanned aircraft and its operation, Vistaspec's operation ofthe DJI Spreading Wings S-1000, Inspire 1, DJI Phantom 3, and the HH Blade 350QX3 AP UAS's meets the conditions ofFMRA Section 333 and therefore, will not require an airworthiness certificate in accordance with 14 C.P.R. Part 21, Subpart H. Accordingly, Vistaspec requests relief from Sections 91.405(a), 91.407(a)(l), 91.409(a)(l) & (a)(2), and 91.417(a) & (b), as these sections set forth requirements for maintenance that only apply to aircraft with an airworthiness certificate.
Vistaspec submits thatthe requested reliefis proper since an equivalent level ofsafety will be ensured. Vistaspec will use experienced personnel ortechnicians to perform maintenance, alterations, or preventive maintenance on the UAS usingthe methods, techniques, and practices prescribed in the operating documents (i.e., Maintenance Log, and DJI & HH Blade 350QX3 AP UAS's Instruction Manuals. Furthermore, Vistaspec will document and maintain all maintenance records for the DJI and HHBlade 350QX3 AP UAS's UAS.
Vistaspec submits thatthey will ensure thatthe DJI UAS are in an airworthy condition, priorto every flight.
Vistaspec seeks relieffrom 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 operatormust 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 ofthe UAS is too small to fit the required markings onthe fuselage. A smallertype or different designation could be used.
Vistaspec seeks Relieffrom certainrequirements ofSection 61.113(a) and (b), entitledPrivatepilotprivileges andlimitations: Pilot in command, to the extentnecessary 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 withthis exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Vistaspec also seeks an exemption from the requirements ofSection 91.121, entitledAltimeter Settings, as the DJI UA will nothave a typical barometric altimeter onboard. However, altitude information ofthe 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 ofthe flight path. This altitude information, combined with Vistaspec's operation ofthe DJI UAV within visual line ofsight, at or below 400 feet AGL, will ensure a level ofsafety equivalentto Section 91.121.

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Adt:itionally, Vistaspec seeks an exemption from the requirements ofSection 91.151(a), entitled Fuel req?!irementsfor flight in VFR conditions. Vistaspec, submits that safety will not be affected by operation ofthe DJI UAA during daylighthours in visual meteorological conditions (VMC) under visual flight rules (VFR), with enough battery powerto fly for a total duration ofapproximately 13.5 minutes to the first point ofintended landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes. In accordance with 14 

### C.P.R.§ 11.81.

Vistaspee provides the following information in support oftheirpetition for exemption:

Maintenance:

To ensure safe operational control a maintenanceprogram will be followed, Scheduled and preventive maintenance shall be documented and only quality replacementparts will be used.



### Equivalent level ofSafety: Inspection:
Preflight checks shall be completed before liftoffand continuous monitoring ofin-flight systems shall be performed from the ground station from the moment ofpowering up for preflight until shutting down atthe end of the operation.

Before every flight, theUASs 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. Ifdamage, cracks orunusual
ware is detected, the damage and orware will be logged and the flight will be suspended until proper repairs have been made.



### Hazards Spotter: To ensure safety, eitherthe listing agent, seller, contractor, owner or another party, will be on siteto review and observe hazards before and during the flight. 

### Population oflntended Areas: To ensure safety, all non-essential personnel will be removed from the area. There will beno 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 oraround airports unless explicit permission is granted according to current FAA regulations.



### Weather: To ensure safety ofspotter, agents, property owners, pet and wildlife flights will be conducted in optimal weather conditions. Flights will not be conducted in winds above 20 mph.

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Return-to-Home Feature: Inthe eventthe DJI DA V loses signal orruns critically low on battery the UAS has a GPS controlled return to horne feature. The "horne" is set upon flight startup.

- Auto Return-to-Home & Landing.
Flying in Confined Areas: There is a high probability offlying 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 whengeographically separated during flight to ensure awareness ofobstacles, hazards and UAS location.

Line ofSite: The UAS will always be within the line ofsite ofthe pilot and spotter. Ifthe UAS cannot be seen the return home failsafe will be used to regain visual control.
Height: Fights 

### will not exceed 400 ft. AGL above subjectproperties 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 ofbinoculars) to see and operate the UAS at the distances necessary for the purpose ofthe flight.**~** Pilot will be in good health.**~** New Pilots in training will shadow and act as the Pilot in Command Spotter until they can demonstrate a workable knowledge ofthe UAS and proficiency in operational control at all times.

Summary

Section 61.113(a) and (b) prescribes that- (a) no person who holds a private pilotcertificate may act as a pilot in command ofan aircraft that is carrying passengers orproperty for compensation orhire; nor may thatperson, for compensation orhire, act as pilot in command ofan aircraft. (b) a private pilot may, for compensation orhire, act as pilot in command ofan 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 orproperty for compensation orhire. The UAS is notcapable of carryingpassengers or is able to carry cargo asidefrom the mentionedgimbal mountedcamera. Section 91.7(a) prescribes that no personmay operate a civil aircraft unless it is in an airworthy condition. There are no specifications on whatmakes a UASairworthy, during thepreflight checks allpropellers and mountings are checked for damage andoperation. Section 91.7(a) prescribes that the pilot in command ofa civil aircraft is responsible for determining whether.that**aircr~ft** is in condition for safe flight and that the PIC shall discontinue the flight when un- airworthy rnechamcal, electncal, or structural conditions occur.Section 91.9(b)(2) prohibits operation ofU.S.-registered civil aircraft unless there is available in the aircraft a current approved Airplane orRotorcraftFlight Manual, approved manual material, markings, and placards, or any combinationthereof. Supplemental materials will include equipment and flight manuals issued with theUAS. Section 91.103(b) prescribes that a pilot shall for any flight, become familiar with runway lengths at airports of intended use, and takeoffand landing distance information. All landingzones will be thoroughly checkedand flight areas reviewedbefore 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 notavailable with dual controls, though with the UAS size andtraining in safe areas the instruction couldbe contained to a safe altitude andarea where safety can be optimized for all involved. Section 91.119 prescribes that, except when necessary for takeoffor landing, no person may operate an aircraft below the following altitudes: (a) Anywhere. An altitude allowing, ifa power unit fails, an emergency landing without undue hazard to persons or property on the surface. (b) Overcongested areas. Over any congested area ofa 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 of2,000 feet ofthe aircraft. (c) Overotherthan congested areas. An altitude of500 feet above the surface, except over open water or sparsely populated areas. In those cases, the aircraft may notbe operated closerthan 500 feet to any person, vessel, vehicle, or structure. (d) Helicopters, powered parachutes, and weight-shift-control aircraft. Ifthe operation is conducted without hazard to persons or property on the surface-

(!) A helicopter may be operated at less than the minimums prescribed in paragraph (b) or (c) ofthis section, provided each person operatingthe 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 thanthe minimums prescribed in paragraph (c) ofthis section. Due to altitude limitations andthe desire to avoidpassenger carryingaircraft it is requested to maintain a maximum ceilingof 400'with typical heights beingbelow thatdependent on angles andshotsforphotographic

use. Section 91.405(a) requires, inpertinent part, that an aircraft operator or owner shall have that aircraft inspected as prescribed in subpart E ofthe same part and shall, betweenrequired inspections, except as provided inparagraph (c) ofthe same section, have discrepancies repaired as prescribed in part43 ofthe chapter. As there are no currentmaintenance requirementsfor UAS of this type it is notpossible to meetthis requirement atthis time. Section 91.121 requires, inpertinent part, eachperson operating an aircraft to maintain cruising altitude by reference to an altimeterthat is set"

...to the elevation ofthe departure airport or an appropriate altimeter setting available before departure." The UAS is single operator only with no dual controls so there willbe only onepilotduring flight, the GPSsystem will reference the altitude atthe launchpoint for every flight. This will also be thepointthatthe UASwillreturn 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 ofintended landing and, assuming normal cruising speed, (1) during the day, to fly after thatfor at least 30 minutes. Petitionerwill operate UAS until the earlier of a maximum of thirty (30) minutes or when 25% of battery remains. All UASare additionally equippedwith a low battery failsafe that allow the UAS to safely landwhen little battery remains. The UAS are notpropelledby fuel andwill operate only within the safety constraints of the UAS battery lifeSection 91.203(a) prohibits, in pertinentpart, 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 withinthe United States, the second copy ofthe Aircraft registration Application as provided for in§ 47.31(c). Section 91.203(b) prescribes, in pertinentpart, that no person may operate a civil aircraftunless the airworthiness certificate or a special flight authorization issued under§ 91.715 is displayed atthe cabin or cockpit entrance so that it is legible to passengers orcrew. Section 9l.407(a)(l)prohibits, in pertinentpart, any person from operating an aircraftthathas undergone maintenance, preventive maintenance, rebuilding, or alteration unless it has been approved for return to service by a person authorized under§ 43.7 ofthe same chapter. Section 91.409(a)(2) prescribes, inpertinent part, thatno person may operate an aircraft unless, within the preceding 12 calendarmonths, it has had an inspection for the issuance ofan airworthiness certificate in accordance with part21 ofthis chapter. There are currentlyno airworthiness certificates for the UAS to be usedandalso as there is no cabin cockpit or passenger compartmenton the UAS it is notpossible to store certificates on boardthe 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 ofthe maintenance, preventive maintenance, and alteration and records ofthe 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 ofan aircraft. Therecords must include-,- (i) A description (orreference to data acceptable to the Administrator) ofthe work performed; and (ii) The date ofcompletion ofthe work performed; and (iii) The signature, and certificate number ofthe person approving the aircraft for return to :;ervice. (2) Records containing the following information: (i) The total time in service ofthe airframe, each engine, each propeller, and each rotor. (ii) The current status oflife-limited parts ofeach airframe, engine, propeller, rotor, and appliance. (iii) The time since last overhaul ofall items installed onthe aircraft which are required to be overhauled on a specified time basis. (iv) The current inspection status ofthe 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 ofapplicable airworthiness directives (AD) and safety directives including, for each, the method ofcompliance, the AD or safety directive number and revision date. Ifthe AD or safety directive involves recurring action, the time and date when the next action is required. (vi) Copies ofthe forms prescribed by §43.9(d) ofthis chapter for eachmajor 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)(l) ofthis section shall be retained until the work is repeated or superseded by other work or for 1year afterthe work is performed. (2) The records specified in paragraph (a)(2) ofthis section shall be retained and transferred withthe aircraft at the time the aircraft is sold. (3) A list ofdefects furnished to a registered owneror operatorunder §43_.11 ofthis chapter shall be retained until the defects are repaired and the aircraft is approved for return to servtce.

### Reco~ds of

### mainten~nce andengine replacementcan be keptas wellasprop changes andany repairs or fixes to the g1mbal, electromcs, andcamera system. Maintenance records maynotapply due to the relatively inexpensive costof completely replacingparts insteadof repair them.

## Conclusion
Vistaspec is a privately owned company with UAS pilots having a combined experience level ofover 22 years of flying both fixed wing and rotary wing remotely controlled aircraft. Vistaspec's Petition for exemption demonstrates the appropriate safeguards and criteria, including weight, speed, operating capabilities, proximity to airports and populated areas, operation withinVLOS and national security concerns, that Congress expressed in Section 333 oftheFAAModernization and Reform Act of2012 (FMRA), which will permit safe operation ofthe DJI Spreading Wings S-1000, DJI Phantom 3 and DJI Inspire 1UASs commercially, without an airworthiness certificate, for the limited purpose ofconducting aerial video and photography overcertain areas ofthe United States. By granting this Petition, the FAA Administrator will be fulfilling the Congressional mandate ofthe FAA Modernization and Reform Act of2012, while also advancing the interests ofthe public, by allowing Vistaspec to safely, efficiently, and economically operate the DJI Spreading Wings S-1000, DJI Phantom 3 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 preventingpossible human injury or death thus it is in the public interestto grant these exemptions.

Thank you for your consideration ofourrequested exemptions, ifyou have any questions, or ifyou require additional information, please do not hesitate to contact me.
Manufactures instruction manuals are available upon request.
Respectfully,

Randy Haugen Vistaspec LLC 1971 S. Estes St. Lakewood, Colorado 80227 303.763.5787
randy@vistaspec.com