March 7, 2016

U.S. Department of Transportation

Docket Operations

West Bldg Ground Floor, Room w12­140

1200 New Jersey Ave., SE

Washington, DC 20590

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, Spectra Sight [unmanned aerial systems], seeks an exemption from the

Federal Aviation Regulations ("FARs") listed below to allow commercial operation of its sUAS'

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

may be established by the FAA as required by Section 333.

The requested exemption would permit commercial operation of Spectra Sight [unmanned aerial

systems, a multi rotor aircraft, weighing less than 55 lbs. including cargo. The applications for

this sUAS device would consist of still photographs and/or video taken by an onboard camera

and associated data processing functions and used for aerial videography and photography for

weddings and special events, real estate, filmmaking, aerial data collection, and aerial

inspections on construction sites of difficult to reach equipment or structures. Use of the sUAS

for these purposes reduces the need to operate conventional aircraft or other equipment for the

same purpose and provides very high quality imagery at a fraction of the cost of surveys and

inspections using conventional means. Likewise, inspections of structures can be safely

performed without endangering the inspector or inhibiting local industrial or public operations

with ladders, lifts or other equipment. These savings result in enhanced safety. efficiency and

productivity for the affected activities, as well as environmental benefits and potential savings in

both cost and hazards to the public.

The name and address of the applicant is:

Spencer Click UAS Certificate Number : FA3WYHTWN4

DBA: Spectra Sight [Unmanned Aerial Photography / Videography]

hereinafter called Spectra Sight

1100 Riverwalk Ter Suite 100

Jenks, OK 74037

Phone: (918) 280­9278

Email: spectrasightmedia@gmail.com
U.S. Department of Transportation

Docket Operations

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Page 2

Regulations from which the exemption is requested:

14 C.F.R. Part 21 14 C.F.R. 417 (a) & (b)

14 C.F.R. 45.23(b) 14 C.F.R. 409 (a) (2)

14 C.F.R. 61.113 (a) & (b) 14 C.F.R. 407 (a) (1)

14 C.F.R. 91.7 (a) 14 C.F.R. 91.405 (a)

14 C.F.R. 91.9 (b) (2) 14 C.F.R. 91.203 (a) & (b)

14 C.F.R. 91.103 14 C.F.R. 91.151 (a)

14 C.F.R. 91.109 14 C.F.R. 91.121

14 C.F.R. 91.119

Section 333(a) through (c) of the Reform Act. This law directs the Secretary of Transportation to

consider whether certain unmanned aircraft systems may operate safely in the national airspace

system (NAS) before completion of the rulemaking required under Section 332 of the Reform

Act. In making this determination, the Secretary is required to determine which types of sUAS'

do not create a hazard to users of the NAS or the public or pose a threat to national security

in light of the following:

● The sUAS' size, weight, speed, and operational capability;

● Operation of the sUAS in close proximity to airports and populated areas; and

● Operation of the sUAS within visual line of sight of the operator.

Reform Act 333 (a) If the Secretary determines that such vehicles "may operate safely in the

national airspace system, the Secretary shall establish requirements for the safe operation of

such aircraft in the national airspace system."

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This

statutory authority by its terms includes exempting civil aircraft, as the term is defined under

40101 of the Act, that includes sUAS', from the requirement that all civil aircraft must have a

current airworthiness certificate.

Spectra Sight understands this provision to place the duty on the Administrator to not only

process applications for exemption under section 333, but for the Administrator to craft

conditions for the safe operation of the sUAS, if it should be determined that the condition set

forth herein do not fulfill the statutory requirements for approval.
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The Administrator may grant an exemption from a requirement of a regulation prescribed under

subsection (a) or (b) of this section or any sections 44702­44716 of this title if the Administrator

finds the exemption in the public interest. 49 U.S.C. 44701(f) See also 49 USC 44711(a); 49

USC 44704; 14 CFR 91.203 (a) (1).

Spectra Sight will use a multiblade rotorcraft Manufactured by DJI Phantom 3 Professional &

Phantom 4 both weighing less than 55 lbs. including payload. They operates under normal

conditions at a speed of no more than 30 knots and has the capability to hover, and move in the

vertical and horizontal plane simultaneously. It will operate only in line of sight (LOS) of the pilot

and will operate only within the project area. Such operations will insure that the sUAS will not

create a hazard to users of the national airspace system or the public.

Given the small size of the sUAS involved and the restricted environment within which it will

operate, Spectra Sight falls squarely within that zone of SAFETY (an equivalent level of

SAFETY) in which Congress envisioned the FAA must, by exemption, allow commercial

operations of sUAS to commence immediately. Also due to the size of the sUAS and the

restricted areas in which the relevant sUAS will operate, approval of the application presents no

national security issue. Given the clear direction in Section 333 of the Reform Act, the authority

contained in the Federal Aviation Act, as amended; the strong equivalent level of SAFETY

surrounding the proposed operations, and the significant public benefit, including enhanced

SAFETY. reduction in environmental impacts, including reduced emissions associated with

allowing sUAS for event and inspection operations the grant of the requested exemptions is in

the public interest. Accordingly, Spectra Sight respectfully requests that the FAA grant the

requested exemption without delay.

Aircraft and equivalent Level of SAFETY

Spectra Sight proposes the exemption requested herein apply to civil aircraft that have the

characteristics and that operate with the limitations listed herein. These limitations provide for at

least an equivalent or even higher level of SAFETY to operations under the current regulatory

structure because the proposed operations represent a SAFETY enhancement to the already

safe photography and surveying operations conducted with conventional aircraft.
U.S. Department of Transportation

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These limitations and conditions to which Spectra Sight agrees to be bound when conducting

commercial operations under an FAA issued exemption include:

1. The sUAS will weigh less than 55 lbs.

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

3. Maximum total flight time for each operational flight will be 20 minutes. Flights will be

terminated at 25% battery power reserve should that occur prior to the 20 minute limit.

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

5. Minimum crew for each operation will consist of the sUAS Pilot and a Visual Observer, unless

conditions and locations are safely secured for one operator..

6. sUAS Pilot will be a skilled sUAS operator experienced in the type of UAS flown.

7. sUAS Pilot will be Pilot in Command (PIC). If a pilot certificate holder other than the sUAS

Pilot, who possess the necessary PIC qualifications, is also present that person can also be

designated as PIC.

8. The sUAS will only operate within a confined Project Area.

9. A briefing will be conducted in regard to the planned sUAS operations prior to aerial activities.

10. All personnel who will be performing duties within the boundaries of the SAFETY perimeter

will be made aware of the sUAS flight(s).

11. The operator will obtain the consent of all persons involved in the project and ensure that

only consenting persons will be allowed within 100 feet of the flight operation.

Pilot and observer will have been trained in operation of sUAS generally and received

up­to­date information on the particular sUAS to be operated.

12. Observer and pilot will at all times be able to communicate by voice and/or visuals.

13. Written and/or oral permission from the relevant property holders will be obtained.

14. All required permissions and permits to be obtained from territorial, state, county or city

jurisdictions, including local law enforcement, fire, or other appropriate governmental

agencies.

15. If the sUAS loses communications or loses its GPS signal, the sUAS will have capability to

return to a predetermined location within the Security Perimeter and land.

16. The sUAS will have the capability to abort a flight in case of unpredicted obstacles or

emergencies
U.S. Department of Transportation

Docket Operations

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Description of Specific Regulations:

14 CFR 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 Spectra Sight, 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 (0) 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. Our small sUAS will be

operated at low speed in a controlled environment at least five miles from an airport. 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 helicopter) operating with an airworthiness certificate

without the restrictions and conditions proposed.

The sUAS to be operated hereunder is less that 55 lbs. fully loaded, carries neither a pilot nor

passenger, carries no explosive materials or flammable liquid fuels, and operates exclusively

within a secured area. Like other civil aircraft, operations under this exemption will be tightly

controlled and monitored by the operator, pursuant to the Manual's requirements, and under the

requirements and in compliance with local public SAFETY requirements, to provide security for

the area of operation as is currently done on active construction sites. The FAA will have

advance notice of all operations.

These SAFETY enhancements, which already apply to civil aircraft operated in connection with

construction sites, 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 ability to carry an external

load no greater than two lbs.
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Docket Operations

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14 C.F.R. 45.23(b): Marking of the Aircraft

This regulation requires certain experimental, provisionally certificated aircraft, or light sport

category aircraft to be marked with letters between 2 inches and 6 inches high "limited,"

"restricted," "light­sport," "experimental," or "provisional," near each entrance to a cabin, cockpit,

or pilot station.

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, two­inch lettering will be impossible.

The word "Experimental" will be placed on the fuselage in compliance with 45.29 (t). The

equivalent level of SAFETY will be provided by having the sUAS marked on its fuselage as

required by 45.29 (t) where the pilot, observer and others working with the sUAS will see the

identification of the sUAS as "Experimental." The FAA has issued the following exemptions to

this regulation: Exemptions Nos. 107, 8738, 10167 and 10167A.

14 CFR 61.113 (a) & (b): Private pilot privileges and limitations: Pilot in Command

Sections 61.113 (a) & (b) limit private pilots to non­commercial operations. Unlike a conventional

aircraft that carries the pilot and passengers, the sUAS is remotely controlled with no living thing

or cargo on board. The area of operation is controlled and restricted, and all flights are planned

and coordinated in advance. The risks associated with the operation of the sUAS are so

diminished from the level of risk associated with commercial operations contemplated by Part 61

when drafted, that allowing operations of the sUAS as requested with a pilot who is an

experienced sUAS operator exceeds the present level of SAFETY achieved by 14 C.F.R.

61.113 (a) & (b).

14 C.F.R. 91.7 (a): Civil aircraft airworthiness

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 and the requirements contained in the Manual for maintenance and

use of SAFETY checklists prior to each flight, an equivalent level of SAFETY will be provided.
U.S. Department of Transportation

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14 C.F.R. 91.9 (b)(2): Civil aircraft flight manual, marking, and placard requirements

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. The FAA has issued the following exemptions to this regulation:

Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A 10602, 32827

and 10700.

14 C.F.R. 91.103: Preflight Action

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

SAFETY of flight. An exemption is needed from this requirement, as the pilot will take separate

preflight actions, including checking for weather conditions, checking flight battery requirements,

checking takeoff and landing distances, and all other actions in the Preflight Checklist, in the

sUAS Manual. These actions will provide an equivalent level of SAFETY.

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. By design, sUAS and remotely piloted aircraft 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 previously approved exemptions for aircraft

without fully functional dual controls. See Exemption Nos. 5778K & 9862A. The equivalent level

of SAFETY provided by the fact that neither a pilot nor passengers will be carried in the aircraft,

the ability to control the sUAS via radio signals from the controller, and by the size and speed of

the aircraft.
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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. This

exemption is for a multirotor craft that flies similarly to a helicopter, with vertical takeoff and

vertical landing, which will typically operate at altitudes of 200 AGL an exemption may be

needed to allow such operations. The sUAS will never operate at an altitude higher than 400

AGL and will be in a restricted area, where buildings and people will not be exposed to

operations without their pre­obtained consent. The equivalent level of SAFETY will be achieved

given the size, weight and 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 and any onsite personnel all

affected individuals will be aware of the planned flight operations. Compared to flight operations

with aircraft or rotorcraft weighing far more than the maximum 55 lbs. proposed herein and

carrying flammable fuel, any risk associated with our operations is far less than those presently

presented with helicopters and other conventional aircraft operation at or below 500 AGL in the

industry. In addition, the low­altitude operations of the sUAS will ensure separation between

these small sUAS 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 sUAS Manual and SAFETY

Checklist, 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) outlines fuel requirements for beginning a flight in VFR conditions. Our sUAS

is limited to operations in sterile and controlled environments and has a limited range and flight

time which require an exemption from 14 CFR 91.151(a).
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The battery powering the sUAS provides approximately 20 minutes of powered flight. This does

not meet the 30 minute reserve requirement in 14 CFR 91.151. Spectra Sight believes that an

exemption from 14 CFR 91.151(a) falls within the scope of prior exemptions. See Exemption

10673 (allowing Lockheed Martin Corporation to operate without compliance with FAR 91.151

(a)). Operating the small sUAS, in a tightly controlled area where only people and property

owners or official representatives who have signed waivers will be allowed, with less that 30

minutes of reserve fuel, does not engender the type of risks that Section 91.252 (a) was

intended to alleviate given the size and speed of the small sUAS. An equivalent level of

SAFETY can be achieved by limiting flight to 15 minutes, or enough battery reserve to ensure

that the sUAS lands at the ground station with at least 20% of battery power (as determined by

the onboard monitoring system and the pilot), whichever happens first. This restriction would be

more than adequate to return the sUAS to its planned landing zone from anywhere in its limited

operation area. Similar exemptions have been granted to other operations, including

Exemptions 2689F, 5745, 10673 and 10808.

14 C.F.R. 91.203 (a) & (b): Carrying civil aircraft certification and registration

The regulation provides in part:

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

following: (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.

Therefore 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

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

extent they are applicable to the sUAS. The FAA has issued numerous exemptions to this

regulation. A representative sample of other exceptions includes Exemption Nos. 9565, 9665,

9789, 9789A, 9797, 9797A, 9816A and 10700.
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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.

Given these sections and Part 43 apply only to aircraft with an airworthiness certificate these

sections will not apply to Spectra Sight Maintenance will be accomplished by the operator

pursuant to the flight manual and operating handbook. An equivalent level of SAFETY w​ill be

achieved because these small sUAS' are very limited in size and will carry a small payload and

operate only in restricted areas for limited periods. If mechanical issues arise the sUAS can land

immediately and will be in operation no higher than 400 feet AGL. The operator will insure that

the sUAS is in working order prior to initiating flight, perform required maintenance, and keep a

log of any maintenance performed, (Ref: A&P Certificate Number 3729542). 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.

*********

Pursuant to 14 C.F.R. Part 11, [rule making] the following summary is provided for publication in

the Federal Register, should it be determined that publication is needed:

Spectra Sight seeks an exemption from the following rules: 14 C.F.R. 21, subpart H;

[airworthiness certificates] 14 C.F.R. 45.23 (b); 14 C.F.R. 61.113 (a) & (b); 91.7 (a); 91.9 (b)(2);

91.103 (b); 91.109; 91.119; 91.121; 91.151 (a); 91.203 (a) & (b); 91.405 (a)(1); 91.409 (a) (2)

and 91.417 (a) & (b) to operate commercially a small unmanned vehicle (55 lbs or less) in

construction, inspection and events.

Approval of exemptions allowing commercial operations of sUAS in the construction, surveying,

special event or inspection industry enhances SAFETY​while reducing risk. Manned aircraft

monitoring and surveying creates a greater risk because the craft are much larger, have

combustible fuel and carry an onboard pilot. In contrast, a sUAS will carry no passengers, crew

or combustible fuel and; therefore, will not expose them to the risks associated with manned

aircraft flights.
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The operation of small sUAS, weighing less than 55 lbs, conducted in the strict conditions

outlined above, will provide an equivalent level of SAFETY supporting the grant of the

exemptions requested herein, including exempting Spectra Sight from the requirements of Part

21 and allowing commercial operations. These lightweight aircraft operate at slow speeds, close

to the ground and in a sterile environment and as a result, are far safer than conventional

operations conducted with helicopters operating in close proximity to the ground and people.

Privacy

All flights will occur over private or controlled access property with the property owner's prior

consent and knowledge. Images taken will be of individuals who have also consented to being

filmed or otherwise have agreed to be in the area where aerial photography will take place.

Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012­size, weight,

speed, operating capabilities, proximity to airports and populated areas and operation within

visual line of sight and national security ­­­provide more than adequate justification for the grant

of the requested exemptions allowing commercial operation of Spectra Sight sUAS' in special

event, construction and inspection industry pursuant to the sUAS Manual.

Specific Examples of Potential sUAS use by Spectra Sight:

Spectra Sight [Unmanned Aerial Videography} is currently in the process of building a custom

sUAS training program using an online platform that will help train aspiring pilots all across the

U.S. Our goal is to not only provide quality aerial service for our community, but also to partner

with Professional instructors and the FAA to help provide a reasonable means to obtain a pilot's

license for operating a sUAS.

● We want to provide realtors, construction sites, oil & gas companies with high quality

aerial footage for surveying, inspection, marketing, and analytics. This will help

companies save money and time on repairs, turnover rates, and costly advertising.

● Enhanced public & commercial Awareness. We want to help people understand the uses

of sUAS and how we can use these devices to create new industries and improve old

ones. We want to inspire people to build new businesses involving sUAS to not only

provide a service and jobs to people but also to help improve the economy.

Sincerely, Spencer Click