Randy Haugen

Vistaspec LLC

1971 S. Estes St.

Lakewood, Colorado 80227

United States Department of Transportation Docket Management System

1200 New Jersey Ave., SE

West Building Ground Floor Room W12-140 Washington, DC 20590

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

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

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

91.121; 14 CFR 91.151 (a); 14 CFR 91.203 (a) & (b); 14 CFR 91.405 (a); 14 CFR 407 (a) (1);

14 CFR 409 (a)(2); 14 CFR 417 (a) & (b)

Dear Sir or Madam,

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

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

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

conducted within and under the conditions outlined herein or as may be established by the Federal Aviation

Administration (FAA) as required by Section 333.

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

operate in the following manner:

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/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.

 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 utility infrastructure including but not limited to

electrical power lines, wind turbines and cell tower’s (sUAS can reduce the need for a person to perform

inspections from an elevated position Thus reducing the potential risk of injury or death.)

 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 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 or hire within the NAS. The DJI

Spreading Wings S-1000, DJI Phantom 3 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 

Spreading Wings S-1000 has a gross weight of approximately 20 pounds with a length of 51” and width of 51

inches, a height of approximately 18inches with a maximum speed of 39 knots, while the DJI Phantom 3 has a

maximum gross weight of approximately 2 pounds 11 ounces, while having a length of 16 inches, a width of 16

inches, height of 8 inches, and a maximum speed of approximately 29 knots. The DJI Inspire 1 has a maximum

gross weight of 6 pounds 7.5 ounces, a length of 17.3 inches, width of 17.7 inches, height of 11.8 inches, and a

maximum speed of approximately 42 knots. The DJI Spreading Wings S-1000 is equipped with 8 main rotors; 

driven by Lithium Polymer battery powered electric motors, where as the DJI Phantom 3 and DJI Inspire 1UAs

are equipped with four main rotors; driven by Lithium Polymer battery powered electric motors. The HH Blade 

350QX3 AP has a maximum gross weight of 4 pounds 0 ounces, a length of 18.3 inches, width of 17.7 inches, 

height of 7.48 inches, and a maximum speed of Approximately 29 knots.

The DJI UASs that will be operated by Vistaspec will be registered in accordance with 49 U.S.C. 44103,

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

C.F.R. Part 45, Identification and Registration Marking.

Specifically, each UAS is: A lightweight (< 55.0 lb. gross weight with all on-board equipment), battery operated 4

or 8 motor rotorcraft in the form of a quad copter or octocopter that takes off and 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 of capturing imagery in the form of full color, high definition still photos and

video;

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

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

direction back to its launch site;

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

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

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

controls the UAS while in the air;
 A radio receiver receiving live video and flight data from the on-board camera and computer projects it all

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

 A Visual Observer (VO)

BASIS FOR PETITION

Petitioner, Vistaspec 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’s and the 

HH Blade 350QX3 AP UAS’s 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, Vistaspec’s operation of the DJI Spreading Wings S-1000, Inspire 1, DJI Phantom 3, and the HH 

Blade 350QX3 AP UAS’s meets the conditions of FMRA Section 333 and therefore, will not require an

airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Accordingly, Vistaspec requests relief

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

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

Vistaspec submits that the requested relief is proper since an equivalent level of safety will be ensured. Vistaspec

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 & HH Blade 350QX3 AP UAS’s Instruction Manuals. Furthermore, Vistaspec will document and

maintain all maintenance records for the DJI and HH Blade 350QX3 AP UAS’s UAS.

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

Vistaspec seeks relief from Section 45.23(b) Which states that when marks include only the Roman capital letter

“N” and the registration number is displayed on limited, restricted or light-sport category aircraft or experimental

or provisionally certificated aircraft, the operator must also display on that aircraft near each entrance to the cabin,

cockpit, or pilot station, in letters not less than 2 inches nor more than 6 inches high, the words “limited,”

“restricted,” “light-sport,” “experimental,” or “provisional,” as applicable.

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

designation could be used.

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

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

medical certificate, and who has demonstrated, by meeting minimum flight- hour and currency requirements, that

the PIC is able to safely operate the DJI UAS in a manner consistent with this exemption, including evasive and

emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.

Vistaspec also seeks an exemption from the requirements of Section 91.121,

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

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

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

path. This altitude information, combined with Vistaspec’s operation of the DJI UAV within visual line of sight,

at or below 400 feet AGL, will ensure a level of safety equivalent to Section 91.121.
Additionally, Vistaspec seeks an exemption from the requirements of Section 91.151(a), entitled Fuel

requirements for flight in VFR conditions. Vistaspec, submits that safety will not be affected by operation of the

DJI UAA during daylight hours in visual meteorological conditions (VMC) under visual flight rules (VFR), with

enough battery power to fly for a total duration of approximately 13.5 minutes to the first point of intended

landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes. In accordance with 14

C.F.R. § 11.81.

Vistaspec provides the following information in support of their petition for exemption:

Maintenance:

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

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

Equivalent level of Safety:

Inspection:

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

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

the operation.

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

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

ware is detected, the damage and or ware will be logged and the flight will be suspended until proper repairs have

been made.

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

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

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

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

operating hours.

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

explicit permission is granted according to current FAA regulations.

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

optimal weather conditions. Flights will not be conducted in winds above 20 mph.
Return-to-Home Feature: In the event the DJI UAV loses signal or runs critically low on battery the UAS has a

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

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

Pilot and spotter will be in constant communication by two-way radio, or cell phone, or other approved FAA

communications device when geographically separated during flight to ensure awareness of obstacles, hazards

and UAS location.

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

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

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

Pilot Qualifications

 The Pilot in command will be familiar with current FAA regulations regarding UAS

commercial usage.

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

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

 Pilot will be in good health.

 New Pilots in training will shadow and act as the Pilot in Command Spotter until they can demonstrate a 

workable knowledge of the 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 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 or is able to carry cargo aside from the mentioned gimbal 

mounted camera.

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

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

mountings are checked for damage and operation.

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

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

mechanical, electrical, or structural conditions occur.
Section 91.9(b)(2) prohibits operation of U.S.-registered civil aircraft unless there is available in the aircraft a

current approved Airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any

combination thereof.

Supplemental materials will include equipment and flight manuals issued with the UAS.

Section 91.103(b) prescribes that a pilot shall for any flight, become familiar with runway lengths at airports of

intended use, and takeoff and landing distance information.

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

Section 91.109(a) prescribes, in pertinent part, that no person may operate a civil aircraft (except a manned free

balloon) that is being used for flight instruction unless that aircraft has fully functioning dual controls.

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

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

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

below the following altitudes:

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

or property on the surface.

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

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

(c) Over other than congested areas. An altitude of 500 feet above the surface, except over open water or sparsely

populated areas. In those cases, the aircraft may not be operated closer than 500 feet to any

person, vessel, vehicle, or structure.

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

hazard to persons or property on the surface—

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

(c) of this section, provided each person operating the helicopter complies with any routes or altitudes specifically

prescribed for helicopters by the FAA; and

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

prescribed in paragraph (c) of this section.

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

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

use.

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

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

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

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

at this time.

Section 91.121 requires, in pertinent part, each person operating an aircraft to maintain cruising altitude

by reference to an altimeter that is set “...to the elevation of the departure airport or an appropriate altimeter

setting available before departure.”

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

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

to upon completion.

Section 91.151(a) prescribes that no person may begin a flight in an airplane under VFR conditions unless 

(considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended

landing and, assuming normal cruising speed, (1) during the day, to fly after that for at least 30 minutes.

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

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

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

life
Section 91.203(a) prohibits, in pertinent part, any person from operating a civil aircraft unless it has within it (1)

an appropriate and current airworthiness certificate; and (2) an effective U.S. registration certificate issued to its

owner or, for operation within the United States, the second copy of the Aircraft registration Application as

provided for in § 47.31(c).

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

certificate or a special flight authorization issued under § 91.715 is displayed at the cabin or cockpit entrance so

that it is legible to passengers or crew.

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

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

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

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

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

accordance with part 21 of this chapter.

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

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

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

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

this section:

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

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

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

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

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

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

(2) Records containing the following information:

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

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

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

specified time basis.

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

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

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

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

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

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

currently installed engines, rotors, propellers, and appliances.

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

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

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

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

the time the aircraft is sold.

(3) A list of defects furnished to a registered owner or operator under

§ 43.11 of this chapter shall be retained until the defects are repaired and the aircraft is approved for return to

service.

Records of maintenance and engine replacement can be kept as well as prop changes and any repairs or fixes to

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

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

Vistaspec is a privately owned company with UAS pilots having a combined experience level of over 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 within VLOS and national security concerns, that Congress expressed in

Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA), which will permit safe operation of the

DJI Spreading Wings S-1000, DJI Phantom 3 and DJI Inspire 1 UASs commercially, without an airworthiness

certificate, for the limited purpose of conducting aerial video and photography over certain areas of the United

States. By granting this Petition, the FAA Administrator will be fulfilling the Congressional mandate of the FAA

Modernization and Reform Act of 2012, while also advancing the interests of the public, by allowing 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 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 exemptions, 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,

Randy Haugen

Vistaspec LLC

1971 S. Estes St.

Lakewood, Colorado 80227

303.763.5787

randy@vistaspec.com