September 15, 2015

U.S. Department ofTransportation, Docket Operations West Building Ground Floor, Room w12-140 1200 NewJersey Avenue, SE Washington, DC 20590

Re: Exemption Request Section 333 ofthe FAA Reform Act and Part 11 ofthe Federal Aviation Regulations from 14C.F.R. §§ 45.23(b);14 CFR Part 21 ;14 CFR 61.3(a) 

### & (c); 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); 91.407(a) (1 ); 91.409 (a) (2);91.417 (a) 

### & (b); 91.129; 91.130; 91.131; 91.209.

Dear Sir or Madam:

Pursuant to Section 333 ofthe FAA Modernization and Reform Act of2012 ("Reform Act") and 14C.F.R. Part 11, Blue Vigil, developer and operator oftether-powered small unmanned aircraft systems ("sUAS") equipped to provide aerial video photography, hereby applies for an exemption from the listed Federal Aviation Regulations ("FARs") and any other regulations the FAA deems necessary to allow commercial operation of its sUAS for the purpose ofaerial data collection. Underthe proposed exemption, operations would be conducted pursuant to the conditions outlined herein or as may be established by the FAA as required by Section 333.

As described in detail below, the requested exemption would permitthe operation ofsmall, tetherpowered, unmanned and relatively inexpensive sUAS under controlled conditions in the national airspace system ("NAS"). The predominant use would be to capture video footage for news media and events and as a platform for aerial surveillance for law enforcement and first responders. Approval of this exemption would thereby enhance safety by reducing the need for manned flights and providing a quick deployment platform thatwill aid thefirst responder community. Currently available options for aerial data collection are mostly impractical. Authorizing the operation of Blue Vigil's sUAS underthe conditions described herein would fulfill the Secretary ofTransportation's responsibility to "establish requirements for the safe operation of [UAS that are capable ofoperating safely] in the national airspace system." Section 333(c) ofthe Reform Act.

The name and address ofthe Applicant is: Blue Vigil Attn: Todd Stave Ph: 540-638-Q016 Email: todd@bluevigil.com Address: 402 King Farm Blvd #125-141 Rockville, MD 20850
Regulations from which the exemption is requested:

14 CFR 61.113(a) 14CFR 91.7(a) 14CFR 91.103 14CFR 91.121 14CFR 91.129 14CFR 91.130



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### 14 CFR 91.131 14 CFR 91.151{a) 14 CFR 91.209 14 CFR 91.405(a) 14 CFR 407(a)(1) 14 CFR 409(a)(2) 14 CFR 417(a) & (b)



### THE FAA'SAUTHORITYTO GRANTTHIS EXEMPTION

This exemption application is submitted tofulfill Congress' goal in passing Section 333 ofthe Reform Act. This law directsthe Secretary ofTransportation to consider whether certain unmanned aircraft systems may operate safely in the NAS before completion ofthe rulemaking required under Section 332 ofthe Reform Act. In making this determination, the Secretary is required to determine which types of UAS do notcreate a hazard to users ofthe NAS orthe public or pose athreat to 

### national security in lightofthe following:

• The UAS's size, weight, speed, and operational capability;
• Proximityto airports and populated areas; and
• Operation ofthe UAS within visual line ofsight ofthe operator.

Reform Act §333(a)-(b). Lastly, ifthe Secretary determinesthatsuch vehicles "may operate safely in the national airspace system, the Secretary shall establish requirements forthe safe operation ofsuch aircraft in the national airspace system." ld. 

### §333(c).

The Federal Aviation Act expressly grants the FAAthe authorityto issue exemptions. 

### See49 U.S.C. §44701(f) (''The Administrator may grant an exemption from a requirement ofa regulation prescribed under subsection (a) or (b) ofthis section orany sections 44702-44716 ofthis title ifthe Administrator finds the exemption in the public interest."); 

### see also49 U.S.C. §44711{a); 49 U.S.C. §44704; 14 CFR §91.203(a)(1). The FAA has previously used its Section 333 and exemption authorityto authorize commercial operation oftethered UAS. 

### See Exemption No. 12645 to Allied Drones, Regulatory Docket No. FAA-2014-0804.


### AIRCRAFT, SAFETY FEATURES, AND PUBUC INTEREST BENEFITS

Blue Vigil's sUAS are small tethered aircraftthat present minimal safety risks, as the technical design of the aircraft limits the operatorto relatively low altitude, low speed, low-movement operations. These sUAS are rotorcraft, weighing 15 orfewer pounds including payload. One ofthe definingtechnical characteristics of Blue Vigil's sUAS is that all ofthe electric power required tooperate the rotors and electronics subsystems is transmitted tothe sUAS via a multicoloredtethercable with a maximum length of 150 feet. They operate under normal conditions at aspeed ofno more than 2 knots. Because the length ofthe tether is relatively short and limited, the sUAS can only operate in line ofsight. Further, the operator has no abilityto move the sUAS horizontally (horizontal movement is limited tothe automated flight controls bringing the UAS backto hover above its ground station ifit has been blown offcenter by the wind). The onboard flight controls are designed to keep the sUAS in hover above its ground power station. The only flight controls available tothe operator are push buttonsfor "launch" and "land" and adial setting for altitude that ranges from 10to 150 feet above ground level ("AGL''). Such operations will ensure thatthe sUAS will "notcreate a hazard to users ofthe national airspace



### 2system orthe public." Given the small size ofthe sUAS involved and the restricted tether-limited zone within which they can fly, the Applicant presents no national security issue and will achieve the level of safety Congress envisioned in directingthe FAA to allow commercial operations of UAS that may safely operate in the NAS.

One ofdefining characteristics ofthis sUAS platform is its power-tether subsystem. All electric power required forflight is transmitted to the sUAS through an electrical tether cable. With the powertether the sUAS is capable of nearly unlimited flight endurance, butonlywithin the zone defined by the length ofthe tether. Withoutthetether,the system is incapable offlight. Similarto moored balloons, the tether in this sUAS provides a means to limitthe range ofthe aircraft under normal operating conditions. However, unlike moored balloons orsUAS featuring 

### unpoweredtethers which would continue tofly free ifthetether cable were severed, the sUAS operated by Blue Vigil would have no potential to "fly away." The physical length ofthe tether defines the absolute limits ofthe range ofthe sUAS. Any persons or property outside this range would be safe in the unlikely event ofafailure ofone ofthe critical sUAS subsystems. In this waythe tether-powered sUAS has more in common with cranes, manlifts, and camera masts than itdoes withtraditional 

### untetheredsUAS.

The environment in which Blue Vigil's UAS is designed to operate further contributes tothe safety ofthe aircraft. The tether-powered sUAS does not pose a hazard to other aircraft in thevicinity when performing its intended mission unless it is in very close proximitytothe end ofan active runway (inside the inner marker and afew degrees from center line) orothervery lowflying aircraft- the chances of which are miniscule given thetether, 150-footaltitude ceiling, and technical impossibility ofa "fly away" scenario.

The operation of Blue Vigil's sUAS will provide significant enhancements to surveillance, area management, and observation operations. As the FAA has found, an unmanned aerial device provides
an additional tool for companies, adding a higher level ofoperational flexibilitythat supplements existing capabilities offered by manned aircraft. Approval ofthis exemption would enhance safety by providing an option to use a highly controlled aerial device that remains stationary once deployed, instead of using an untethered device that is in constant motion while in flight, and that could potentially lose contact or communication with its operator, thereby compromising control ofthe device. Blue Vigil's UAS is an importanttool for entities such as first responders, law enforcement, and
news media outlets. The abilityto use a safe, controlled aircraftto quickly and efficiently collect crucial aerial data will lead to countless public interest benefits, including (1) newvantage points for image and data collection; (2) operations that present little safety risk to those involved, as compared with operations by manned aircraft or by individuals on foot in potentially dangerous situations; (3) faster and more efficient data collection, which will allowforquicker action; and (4) more cost-efficient operations.

Grant ofthe requested exemptions is in the public interest dueto enhanced workplace personal safety, the abilityto gain situational awareness, and abilityto assess the risks to persons within an otherwise hazardous situation. Accordingly, the Applicant respectfully requests thatthe FAA grantthe requested exemption without delay.

OPERATING PARAMETERS AND EQUIVALENT LEVEL OF SAFETY



### 3The following limitations provide for at least an equivalent or even higher level ofsafetyto operations underthe current regulatory structure because the risks associated with manned aircraft use would be reduced and the design features of Blue Vigil's UAS ensure safe operation with minimal risk.

These limitations and conditions to which Blue Vigil agrees to be bound when conducting commercial operations underan FAA issued exemption include:

1. The sUAS will weigh no morethan than 15 pounds including payload. 2. Flights will be operated within line ofsight ofthe operatortechnician. 3. Flights will be operated at a typical altitude of 15-50 feet AGL, but no more than 150feet AGL. 4. Operatortechnician will have been trained in operation ofsUAS and received up-to-date information
on the particular sUAS to be operated as required the Operations Manual. 1 5. Ifthe sUAS loses communications or loses its GPS signal, the sUAS will have capabilityto return to ground station location and safely land. 6. The sUAS will have the capabilityto abort a flight in case of unpredicted obstacles or emergencies.

Blue Vigil notes thatthis request differs from past requests for exemption in three respects. Specifically, Blue Vigil's exemption would permit use: {1) in controlled airspace; {2) at night; and (3) by technicians who are not licensed pilots. As demonstrated below, the unique safety features of Blue Vigil's tetherpowered UAS ensure thatthe requested operations can be conducted safely underthese circumstances and meet or exceed the level ofsafety required bythe current regulatory structure. In addition, as it stands the FAA and the general public are tolerant of kite flying, RC airplane flying, and the use of tethered balloons forthe collection ofweather data. None ofthese uses require a pilot's license, permission from the FSDO orATC, ordemonstration of knowledge ofairspace rules. The Blue Vigil sUAS have similar size, weight, and mobility, they are much more controllable and they will be used by trained operators.

Blue Vigil's UAS will achieve an equivalent level ofsafety for specific regulations from which it seeks exemption:



### 14 C.F.R. § 

### 61.113(a) & 

### (b): Private Pilot Privileges and Limitations: Pilot in Command. Sections 61.113(a) 

### & (b) limit private pilots to non-commercial operations. Because the sUAS will not carry a pilot or passengers, has extremely limited operational controls, and is tethered, the proposed operations can achieve the equivalent level ofsafety ofcurrent operations by requiring the operator technician to complywith the Operations Manual and be trained to operate the Blue Vigil's UAS. Unlike
a conventional aircraftthat carries the pilot and passengers, the sUAS is remotely controlled with no livingthing on board. The area ofoperation is controlled and inherently restricted. The level ofsafety provided by the requirements included in the Operations Manual exceeds that provided by a single individual holding a commercial pilot's certificate operating a conventional aircraft. Because a traditional pilot's license will not provide operators with the requisite informationto operate the aircraft, and requires a great deal oftraining related to the difficulties offlying manned, untethered aircraft, requiring such a superfluous and ill-fitting qualificationwould place an enormous burden on the operators without providing cognizable safety benefits. The risks associated with the operation ofthe sUAS are so diminished from the level of risk associated with commercial operations contemplated by

Blue Vigil 

### will be submitting a detailed Operations Manual as an amendment tothis petition once the manual is finalized.



### 4Part 61 when drafted, that allowing operations ofthe sUAS by a qualified operatortechnician as requested meets the present level ofsafety achieved by 14 C.F.R. §61.113(a) 

### & (b).

In addition, as with eligible moored balloons operated pursuantto 14 C.F.R. part 101, subpart B, the risks associated with operatingthis tether-powered sUAS in compliance with appropriate operating limitations, are so lowthatthere are no measurable safety benefits to requiring that thetether operator be a certificated pilot. Moreover, Blue Vigil's UAS, which will come down almost immediately ifthe tether power source is interrupted, would be far safer than moored balloons often used by commercial establishments without FAA authorization for advertising and to make their locations conspicuous to shoppers.



### 14C.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 existfor determining airworthiness. Given the size ofthe aircraft and the requirements contained in the Operations Manual for maintenance and use ofsafety check lists priorto each flight, an equivalent level ofsafety will be provided.



### 14C.F.R. § 91.103: Preflight action This regulation requires each pilot in command to take certain actions before flight to ensure the safety offlight. 

### As FAA-approved rotorcraft flight manuals will not be provided for the aircraft, an exemption will be needed. An equivalent level ofsafety will be provided as set forth in the Operations Manual. The operatorwill take all actions including reviewing weather, power source requirements, landing and takeoff distances and aircraft performance data before initiation offlight.



### 14C.F.R. §91.121 Altimeter Settings This regulation requires each person operating an aircraftto maintain cruising altitude by reference to
an altimeterthat is set to "the elevation ofthe departure airportor an appropriate altimeter setting available before departure." As the sUAS may only have a digital barometric sensor and/or a GPS altitude read out, an exemption may be needed. An equivalent level ofsafetywill be achieved by the operator, pursuant to the Operations Manual and Preflight Checklist, confirming the altitude ofthe launch site shown onthe ground station altitude indicator before flight. Further, the maximum altitude of 150feet is inherently assured bythetether length; the operator could notoperatethe sUAS at a higher altitude.



### 14C.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 underVFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to flyto thefirst point of intended landing, and, assuming normal cruising speed

- (1) During the day, to fly afterthatfor at least 30 minutes; or (2) At night, to fly afterthatfor at least 45 minutes." The tether-powered subsystem of the sUAS provides virtually unlimited flight endurance, the only limitation being the endurance ofthe ground power source. Given the limitations onthe sUAS a 30 minute power reserve for flight in daylight
or nightVFR conditions is reasonable.



### 14C.F.R. Subpart E, §§

### 91.405(a); 407(a)(1); 409(a)(2); 417(a) & 

### (b): Maintenance, Preventive Maintenance, and Alterations These regulations require that an aircraft operator orowner "shall have that aircraft inspected as prescribed in subpart Eofthis part and shall between required inspections, except as provided in



### 5paragraph (c) ofthis section, have discrepancies repaired as prescribed in part 43 ofthis chapter" 14 C.F.R. § 405(a), shall inspect or maintain the aircraft in compliance with Part 43, 

### id. §§ 407(a)(l), 409(a)(2), 417(a) and (b). Given thatthese section and Part 43 apply only to aircraftwith an airworthiness certificate, these sections will not applytothe Applicant. Maintenance will be accomplished by the operator pursuanttothe Flight Operations and Procedures as referenced in the Operations Manual.

An equivalent level ofsafetywill be achieved because these small sUAS are very limited in size and will carry a small payload. Ifmechanical issues arise, the sUAS can land immediately and will be operating from no higherthan 150 feet AGL. 

### As provided in the Operations Manual, the operatorwill ensure that the sUAS is in working order priorto initiatingflight, perform required basic maintenance, and keep a log ofany maintenance performed. Moreover, the operator is the person mostfamiliar with the aircraft and best suited to maintainthe aircraft in an airworthy condition to provide the equivalent level of safety.

Satisfaction ofthe criteria provided in Section 333 ofthe Reform Act of2012-size, weight, speed, operating capabilities, proximityto airports and operation within visual line ofsight and national security-provide more than adequate justification for the grant ofthe requested exemptions allowing commercial operation ofApplicant's sUAS in the news media, law enforcement, and first responder industries pursuant to the Operations Manual.



### 14C.F.R. §91.129, 91.130, 91.131: Operations in Controlled Airspace These regulations require various permissions, minimum equipment requirements, and PIC license requirements for operations within classes B, C, 

### & Dairspace. These restrictions were contemplated and revised overtimeto ensure the safety ofairtraffic around busy airports.

Blue Vigil's sUAS has limited mobility and a maximum altitude of 150feet AGL. Further, its altitude can be adjusted by the operatorwith a matterofseconds from maximum altitude to land. An equivalent level ofsafety will be achieved because these small sUAS are very limited in size and rage ofoperations. Their operations within controlled airspace would pose a lower risk to air safetythan child flying a kite in
a park near an airport. Because its maximum weight is 15 lbs. and its groundspeed is zero in the unlikely event ofafull force collision with an aircraft would be less thanthat ofa bird strike and far more preventable.

The Operations Manual warns operators notto use the sUAS with 1 mile ofactive runway approach or departure path and thatthey must be familiar with restricted and prohibited airspace.



### 14 C.F.R. §91.209: Aircraft lights and nighttime operations These regulations require the use of position and anti-collision lighting. The regulations were contemplated to assist ATC and pilots in VFR conditions and onthe ground in their dutyto see and avoid otheraircraft and objects.

Blue Vigil's sUAS will have a small white or red LCD lightthat can be seen by the operatorfrom up to its maximum distance from the ground station of 150feet away. However, due tothe lowweight and power consumption ofthe UAS, it is impractical for this aircraftto carry lights that are large and luminous enough to meetthe standards of lights used on manned aircraft. An equivalent level ofsafety will be achieved because the sUAS will not be operated at or near airports or at altitudes that conflict with other air traffic.



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### SUMMARY FOR THE FEDERAL REGISTER



### Petitioner: Blue Vigil 

### Sections of14 C.F.R. Affected: 61.113(a); 91.7(a); 91.103; 91.121; 91.129; 91.130; 91.131; 91.151(a); 91.209; 91.40S(a); 407(a)(1); 409(a)(2); 417(a) 

### & (b) 

### Description of Relief Sought: Pursuant to 14C.F.R. part 11 and Section 333 ofthe FAA Modernization and Reform Act, petitioner requests exemption from 14 C.F.R. 

### §§ 61.113(a); 91.7(a); 91.103; 91.121; 91.129; 91.130; 91.131; 91.151(a); 91.209; 91.40S(a); 407(a)(1); 409(a)(2); 417(a) 

### &(b), and any other regulations the FAA deems necessary, to operatetethered unmanned aerial systems (UAS) forthe purpose ofaerial data collection.



### CONCLUSION

Blue Vigil's tethered UAS has the potential to be an essential component ofdata collection and the overall operations offirst responders, law enforcement, media outlets, and other entities. The unique features of its design offeran unparalleled level ofsafetythat non-tethered UAS simply cannot achieve, including a 150-footaltitude ceiling, a substantially limited operational area, and no opportunityfor a "fly away'' scenario. Because ofthe widevariety ofapplications, the immense public benefit, and the minimal risks to people and property created by Blue Vigil's UAS, a grant ofthe exemption requested herein will help the FAA fulfill its objectives as required by Section 333 ofthe FMRA. As such, Blue Vigil respectfully requests thatthe FAA grantthis petition.
Respectfully submitted,

Todd Stave CEO, Blue Vigil



### 7