September 15, 2015 

U.S. Department of Transportation, Docket Operations 

West Building Ground Floor, Room w12-140 

1200 New Jersey Avenue, SE 

Washington, DC 20590 

Re: Exemption Request Section 333 of the FAA Reform Act and Part 11 of the Federal 

Aviation Regulations from 14 C.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 of the FAA Modernization and Reform Act of 2012 ("Reform Act") and 14 C.F.R. 

Part 11, Blue Vigil, developer and operator of tether-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 of aerial data collection. Under the 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 permit the operation of small, 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 that will aid the first responder community. Currently available options for 

aerial data collection are mostly impractical. Authorizing the operation of Blue Vigil's sUAS under the 

conditions described herein would fulfill the Secretary of Transportation's responsibility to "establish 

requirements for the safe operation of [UAS that are capable of operating safely] in the national 

airspace system." Section 333(c) of the Reform Act. 

The name and address of the 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) 

14 CFR 91.7(a) 

14 CFR 91.103 

14 CFR 91.121 

14 CFR 91.129 

14 CFR 91.130 

1 
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'S AUTHORITY TO GRANT THIS EXEMPTION 

This exemption application is submitted to fulfill Congress' goal in passing Section 333 of the Reform Act. 

This law directs the Secretary of Transportation to consider whether certain unmanned aircraft systems 

may operate safely in the 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 UAS 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 UAS's size, weight, speed, and operational capability; 

• Proximity to airports and populated areas; and 

• Operation of the UAS within visual line of sight of the operator. 

Reform Act § 333(a)-(b). Lastly, 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." ld. §333(c). 

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. See 49 U.S.C. 

§44701(f) (''The Administrator may grant an exemption from a requirement of a regulation prescribed 

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

finds the exemption in the public interest."); see also 49 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 authority to authorize 

commercial operation of tethered 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 aircraft that present minimal safety risks, as the technical design of 

the aircraft limits the operator to relatively low altitude, low speed, low-movement operations. These 

sUAS are rotorcraft, weighing 15 or fewer pounds including payload. One of the defining technical 

characteristics of Blue Vigil's sUAS is that all of the electric power required to operate the rotors and 

electronics subsystems is transmitted to the sUAS via a multicolored tether cable with a maximum 

length of 150 feet. They operate under normal conditions at a speed of no more than 2 knots. Because 

the length of the tether is relatively short and limited, the sUAS can only operate in line of sight. Further, 

the operator has no ability to move the sUAS horizontally (horizontal movement is limited to the 

automated flight controls bringing the UAS back to hover above its ground station if it has been blown 

off center by the wind). The on board flight controls are designed to keep the sUAS in hover above its 

ground power station. The only flight controls available to the operator are push buttons for "launch" 

and "land" and a dial setting for altitude that ranges from 10 to 150 feet above ground level ("AGL''). 

Such operations will ensure that the sUAS will "not create a hazard to users of the national airspace 

2 
system or the public." Given the small size of the 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 directing the FAA to allow commercial operations of UAS that may safely 

operate in the NAS. 

One of defining characteristics of this sUAS platform is its power-tether subsystem. All electric power 

required for flight is transmitted to the sUAS through an electrical tether cable. With the power tether 

the sUAS is capable of nearly unlimited flight endurance, but only within the zone defined by the length 

of the tether. Without the tether, the system is incapable of flight. Similar to moored balloons, the 

tether in this sUAS provides a means to limit the range of the aircraft under normal operating 

conditions. However, unlike moored balloons or sUAS featuring unpowered tethers which would 

continue to fly free if the tether cable were severed, the sUAS operated by Blue Vigil would have no 

potential to "fly away." The physical length of the tether defines the absolute limits of the range of the 

sUAS. Any persons or property outside this range would be safe in the unlikely event of a failure of one 

of the critical sUAS subsystems. In this way the tether-powered sUAS has more in common with cranes, 

manlifts, and camera masts than it does with traditional untethered sUAS. 

The environment in which Blue Vigil's UAS is designed to operate further contributes to the safety of the 

aircraft. The tether-powered sUAS does not pose a hazard to other aircraft in the vicinity when 

performing its intended mission unless it is in very close proximity to the end of an active runway (inside 

the inner marker and a few degrees from center line) or other very low flying aircraft- the chances of 

which are miniscule given the tether, 150-foot altitude ceiling, and technical impossibility of a "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 of operational flexibility that supplements 

existing capabilities offered by manned aircraft. Approval of this 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 of the 

device. Blue Vigil's UAS is an important tool for entities such as first responders, law enforcement, and 

news media outlets. The ability to use a safe, controlled aircraft to quickly and efficiently collect crucial 

aerial data will lead to countless public interest benefits, including (1) new vantage 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 allow for quicker action; and (4) more cost-efficient 

operations. 

Grant of the requested exemptions is in the public interest due to enhanced workplace personal safety, 

the ability to gain situational awareness, and ability to assess the risks to persons within an otherwise 

hazardous situation. Accordingly, the Applicant respectfully requests that the FAA grant the requested 

exemption without delay. 

OPERATING PARAMETERS AND EQUIVALENT LEVEL OF SAFETY 

3 
The following limitations provide for at least an equivalent or even higher level of safety to operations 

under the 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 under an FAA issued exemption include: 

1. The sUAS will weigh no more than than 15 pounds including payload. 

2. Flights will be operated within line of sight of the operator technician. 

3. Flights will be operated at a typical altitude of 15-50 feet AGL, but no more than 150 feet AGL. 

4. Operator technician will have been trained in operation of sUAS and received up-to-date information 

on the particular sUAS to be operated as required the Operations Manual.1 

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

ground station location and safely land. 

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

Blue Vigil notes that this 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 that the requested operations can be conducted safely under these circumstances 

and meet or exceed the level of safety required by the 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 for the collection of weather data. None of these uses require a pilot's license, 

permission from the FSDO or ATC, or demonstration of knowledge of airspace 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 of safety 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 of safety of current operations by requiring the operator 

technician to comply with the Operations Manual and be trained to operate the Blue Vigil's UAS. Unlike 

a conventional aircraft that carries the pilot and passengers, the sUAS is remotely controlled with no 

living thing on board. The area of operation is controlled and inherently restricted. The level of safety 

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 information to operate the aircraft, and 

requires a great deal of training related to the difficulties of flying manned, untethered aircraft, 

requiring such a superfluous and ill-fitting qualification would place an enormous burden on the 

operators without providing cognizable safety benefits. The risks associated with the operation of the 

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 to this petition once the 

manual is finalized. 

4 
Part 61 when drafted, that allowing operations of the sUAS by a qualified operator technician as 

requested meets the present level of safety achieved by 14 C.F.R. §61.113(a) & (b). 

In addition, as with eligible moored balloons operated pursuant to 14 C.F.R. part 101, subpart B, the 

risks associated with operating this tether-powered sUAS in compliance with appropriate operating 

limitations, are so low that there are no measurable safety benefits to requiring that the tether 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. 

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 Operations Manual for maintenance and use of safety check lists prior to 

each flight, an equivalent level of safety will be provided. 

14 C.F.R. § 91.103: Preflight action 

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

of flight. As FAA-approved rotorcraft flight manuals will not be provided for the aircraft, an exemption 

will be needed. An equivalent level of safety will be provided as set forth in the Operations Manual. The 

operator will take all actions including reviewing weather, power source requirements, landing and 

takeoff distances and aircraft performance data before initiation of flight. 

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 only have a digital barometric sensor and/or a GPS 

altitude read out, an exemption may be needed. An equivalent level of safety will be achieved by the 

operator, pursuant to the Operations Manual and Preflight Checklist, confirming the altitude of the 

launch site shown on the ground station altitude indicator before flight. Further, the maximum altitude 

of 150 feet is inherently assured by the tether length; the operator could not operate the sUAS at a 

higher altitude. 

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

Section 91.151(a) prohibits an individual from beginning "a flight in an airplane under VFR conditions 

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

intended landing, and, assuming normal cruising speed - (1) During the day, to fly after that for at least 

30 minutes; or (2) At night, to fly after that for at least 45 minutes." The tether-powered subsystem of 

the sUAS provides virtually unlimited flight endurance, the only limitation being the endurance of the 

ground power source. Given the limitations on the sUAS a 30 minute power reserve for flight in daylight 

or night VFR conditions is reasonable. 

14 C.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 or owner "shall have that aircraft inspected as 

prescribed in subpart E of this part and shall between required inspections, except as provided in 

5 
paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this 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 that these section and Part 43 apply only to aircraft with an 

airworthiness certificate, these sections will not apply to the Applicant. Maintenance will be 

accomplished by the operator pursuant to the Flight Operations and Procedures as referenced in the 

Operations Manual. 

An equivalent level of safety will be achieved because these small sUAS are very limited in size and will 

carry a small payload. If mechanical issues arise, the sUAS can land immediately and will be operating 

from no higher than 150 feet AGL. As provided in the Operations Manual, the operator will ensure that 

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

log of any maintenance performed. Moreover, the operator is the person most familiar with the aircraft 

and best suited to maintain the aircraft in an airworthy condition to provide the equivalent level of 

safety. 

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

operating capabilities, proximity to airports 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 Applicant's sUAS in the news media, law enforcement, and first responder 

industries pursuant to the Operations Manual. 

14 C.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, & D airspace. These restrictions were contemplated and 

revised over time to ensure the safety of air traffic around busy airports. 

Blue Vigil's sUAS has limited mobility and a maximum altitude of 150 feet AGL. Further, its altitude can 

be adjusted by the operator with a matter of seconds from maximum altitude to land. An equivalent 

level of safety will be achieved because these small sUAS are very limited in size and rage of operations. 

Their operations within controlled airspace would pose a lower risk to air safety than 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 of a full force collision with an aircraft would be less than that of a bird strike and far more 

preventable. 

The Operations Manual warns operators not to use the sUAS with 1 mile of active runway approach or 

departure path and that they must be familiar with restricted and prohibited airspace. 

14 C.F.R. §91.209: Aircraft lights and night time 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 on the ground in their duty to see and avoid 

other aircraft and objects. 

Blue Vigil's sUAS will have a small white or red LCD light that can be seen by the operator from up to its 

maximum distance from the ground station of 150 feet away. However, due to the low weight and 

power consumption of the UAS, it is impractical for this aircraft to carry lights that are large and 

luminous enough to meet the standards of lights used on manned aircraft. An equivalent level of safety 

will be achieved because the sUAS will not be operated at or near airports or at altitudes that conflict 

with other air traffic. 

6 
SUMMARY FOR THE FEDERAL REGISTER 

Petitioner: Blue Vigil 

Sections of 14 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 14 C.F.R. part 11 and Section 333 of the 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 operate tethered unmanned aerial systems (UAS) for the 

purpose of aerial data collection. 

CONCLUSION 

Blue Vigil's tethered UAS has the potential to be an essential component of data collection and the 

overall operations of first responders, law enforcement, media outlets, and other entities. The unique 

features of its design offer an unparalleled level of safety that non-tethered UAS simply cannot achieve, 

including a 150-foot altitude ceiling, a substantially limited operational area, and no opportunity for a 

"fly away'' scenario. Because of the wide variety of applications, the immense public benefit, and the 

minimal risks to people and property created by Blue Vigil's UAS, a grant of the exemption requested 

herein will help the FAA fulfill its objectives as required by Section 333 of the FMRA. As such, Blue Vigil 

respectfully requests that the FAA grant this petition. 

Respectfully submitted, 

Todd Stave 

CEO, Blue Vigil 

7