July 20, 2015

Exemption No. 11172A Regulatory Docket No. FAA

- 20 14

- 0787

Mr. Clint Stevens
Blue

- Chip Unmanned Aerial Solutions, Inc

. 1965 South Beech Street Wichita, KS 67207

Dear Mr. Stevens :

This letter is to inform you that we have granted your petition for an amendment . It explains
the basis for our decision , describes its effect, and lists the revised conditions and limitations.

By letter s dated March 15, April 22, and May 12

, 2015, you petitioned the Federal Aviation Administration (FAA) on behalf of Blue

- Chip Unmanned Aerial Solutions, Inc. ( hereinafter petitioner or operator ) for an amendment to your current exe mption

. That exemption from 14 CFR §§ 61.113(a) and (b), 91.7(a), 91.119(c), 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1), 91.409(a)(2) and 91.417(a) and (b) allows the petitioner to operate a UAS to perform conducting operations for the agriculture, oil and gas, aerial photography and wildlife preservation industries

. You requested an amendment to add the DJI Inspire 1, DJI S 1000, DJI Phantom 3, 3DR X8+, 3DR Solo, Aerovironment Qube, Frontier Galaxy 7000H, Skywalker X8, Precision Hawk Lancaster, Altavian Nova F6500, Altus X

- 4, and Altus X

- 8,
and changes in the PIC training ho ur requirement 1

.

In your petition, you indicate t hat there has been no change in the conditions and reasons relative to public interest and safety that were the basis for granting the original exemption.

The FAA has determined that good cause exists for not publishing a summary of the petition
in the Fe deral Register because the requested amendment to the exemption would not set a precedent, and any delay in acting on this pe tition would be detrimental to the petitioner

. T he
unmanned aircraft (s) authorized in the original grant are comparable in type, size, weight, speed and operating capabilities to those in this petition

.

1 The revised Conditions and Limitations address the petitioner’s PIC training hour requirement request.2

Airworthiness Certification

In accordance with the statutory criteria provided in Section 333 of Public Law 112

− 95 in
reference to 49 U.S.C. § 44704, and in consideration of the size, weight, speed, and limited operating area associated with the aircraft and its operation, the Secretary of Transportation
has determined that this aircraft meets the conditions of Sect ion 333. Therefore, the FAA
finds that relief from 14 CFR part 21, C ertification procedures for products and parts, Subpart H

— Airworthiness Certificates , and any associated noise certification and testing requirements of part 36, is not necessary.

The Ba sis for Our Decision

T he FAA has updated the conditions and limitations since the petitioner’s initial grant of exemption to those found in Exemption No. 11213 to Aeryon Lab s , Inc. ( Docket No. FAA

2014

- 0642 )

. Also in Grants of Exemption No s

. 11062 to Astraeus Aerial ( see Docket No. FAA−2014−0352), 11109 to Clayco, Inc. ( see Docket No. FAA−2014−0507), 11112 to VDOS Global, LLC ( see Docket No. FAA−2014−0382), the FAA found that the enhanced safety achieved using an unmanned aircraft (UA) with the specifi cations described by the petitioner and carrying no passengers or crew, rather than a manned aircraft of significantly greater proportions, carrying crew in addition to flammable fuel, gives the FAA good cause to find that the UAS operation enabled by this exemption is in the public interest.

Having reviewed your reasons for requesting an amendment to an exemption, I find that

—

• They are similar in all material respects to relief previously req uested in Grant of Exemption No s

. 11062, 11109, 11112, and 11213;

• The reasons stated by th e FAA for granting Exemption No s

. 11062, 11109, 11112, and 11213 also apply to the situation you present; and

• A grant of an amendment is in the public interest.

The petitioner should note that the revised Conditions and Limitations below update the Pilot in Command qualifications, which address es the petitioner ’ s request regarding training hour requirements.

Our Decision

The FAA has determined that the justification for the issuance of Exemption No. 11172 remains valid and is in the public interest. Therefore, under the authority contained
in 49 U.S.C. 106(f), 40113, and 44701, delega ted to me by the Administrator, the operator is granted an amendment to its exemption from 14 CFR §§ 61.23(a) and ( c ), 61.101(e)(4 ) and (5), 61.113(a), 61.315(a) , 91.7(a), 91.119(c), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b), to the extent necessary to allow the petitioner to3

operate a UAS to perform aerial data collectio n 2 . This exemption is subject to the conditions
and limitations listed below.

Conditions and Limitations

The conditions and limitations within Grant of Exemption No. 11172 have been superseded,
and are amended as follows.

In this grant of exemption, Blue

- Chip Unmanned Aerial Solutions, Inc. is hereafter referred to
as the operator.

Failure to comply with any of the conditions and limitations of this grant of exemption will be grounds for the immediate suspension or rescission of this exemption.

1. Operations authorized by this grant of exemption are limited to the Sensurion Aerospace Magpie MP

- 1

, DJI Inspire 1, DJI S1000, DJI Phantom 3, 3DR X8+, 3DR
Sol o, Aerovironment Qube, Frontier Galaxy 7000H, Skywalker X8, Precision Hawk Lancaster, Altavian Nova F6500, Altus X

- 4, and Altus X

- 8 when weighing less than
55 pounds including payload. Proposed operations of any other aircraft will require a new petition or a petition to amend this exemption.

2. Operations for the purpose of closed

- set motion picture and television filming are not permitted.

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The exemption holder may use either groundspeed or calibrated airspeed to determine compliance with the 87 knot speed restriction. In no case will the UA be operated at airspeeds greater than the maximum UA operating airspeed recommended by t he
aircraft manufacturer.

4. The UA must be operated at an altitude of no more than 400 feet above ground level (AGL). Altitude must be reported in feet AGL.

5. The UA must be operated within visual line of sight (VLOS) of the PIC at all times. This requires the PIC to be able to use human vision unaided by any device other than corrective lenses, as specified on the PIC’s FAA

- issued airman medical certificate or
U.S. driver’s license.

6. All operations must utilize a visual observer (VO). The UA must be opera ted within the visual line of sight (VLOS) of the PIC and VO at all times. The VO may be used

2 A erial data collection includes any remote sensing and measuring by an instrument(s) aboard the UA

. Examples include imagery (photography, video, infrared, etc.), electronic measurement (precision surveying, RF analysis, etc.), chemical measurement (particulate measurement, etc.), or any other gathering of data by
instruments aboard the UA.4

to satisfy the VLOS requirement as long as the PIC always maintains VLOS capability. The VO and PIC must be able to communicate verbally at all times;
electroni c messaging or texting is not permitted during flight operations. The PIC must be designated before the flight and cannot transfer his or her designation for the duration of the flight. The PIC must ensure that the VO can perform the duties required of t he VO.

7. This exemption and all documents needed to operate the UAS and conduct its operations in accordance with the conditions and limitations stated in this grant of exemption, are hereinafter referred to as the operating documents. The operating
docume nts must be accessible during UAS operations and made available to the Administrator upon request. If a discrepancy exists between the conditions and limitations in this exemption and the procedures outlined in the operating documents,
the conditions and limitations herein take precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in its operating documents. The operator may update or revise its operating documents. It is the operator’s responsibility to track s uch revisions and present updated and revised documents to the Administrator or any law enforcement official upon request. The operator must also present updated and revised documents if it petitions for extension or amendment to this grant of exemption. If the operator determines that any update or revision would affect the basis upon which the FAA granted this exemption, then the operator must petition for an amendment to its grant of exemption. The FAA’s UAS Integration Office (AFS−80) may be contacte d if questions arise regarding updates or revisions to the operating documents.

8. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g. replacement of a flight critical component, must undergo

a functional test flight prior to conducting further operations under this exemption. Functional test flights may only be conducted by a PIC with a VO and must remain at
least 500 feet from other people. The functional test flight must be conducted in such a manner so as to not pose an undue hazard to persons and property.

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is in a condition for safe operation.

10. Prior to each flight, the PIC must conduct a pre

- flight inspection and determine the UAS is in a condition for safe flight. The pre

- flight inspection must account for all potential discrepancies, e.g. inoperable components, items, or equipment. If the inspection reveals a condition that affects the safe opera tion of the UAS, the aircraft is prohibited from operating until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight.

11. The operator must follow the UAS manufacturer’s maintenance, overhaul, replacement, in spection, and life limit requirements for the aircraft and
aircraft components.5

12. Each UAS operated under this exemption must comply with all manufacturer safety bulletins.

13. Under this grant of exemption, a PIC must hold either an airline transport,

commerc ial, private, recreational, or sport pilot certificate. The PIC must also hold a current FAA airman medical certificate or a valid U.S. driver’s license issued by a state, the District of Col u mbia, Puerto Rico, a territory, a possession, or the Federal

go vernment. The PIC must also meet the flight review requirements specified in
14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.

14. The operator may not permit any PIC to operate unless the PIC demonstrates the ability to safely operate the UAS in a manner consistent with how the UAS will be operated under this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PIC qualification flig ht hours and currency must be logged in a manner consistent with
14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs (training, proficiency, and experience

- building) and determining the PIC’s ability to safely operate the U AS in a manner consistent with how the UAS will be operated under this exemption are permitted under the terms of this exemption. However, training operations may only be conducted during dedicated training sessions. During training, proficiency, and exp erience

- building flights, all persons not essential for flight operations are considered nonparticipants, and the PIC must operate the UA with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119.

15. UAS operations may not be conducte d during night, as defined in 14 CFR § 1.1. All operations must be conducted under visual meteorological conditions (VMC). Flights under special visual flight rules (SVFR) are not authorized.

16. The UA may not operate within 5 nautical miles of an airport re ference point (ARP) as denoted in the current FAA Airport/Facility Directory (AFD) or for airports not denoted with an ARP, the center of the airport symbol as denoted on the current
FAA

- published aeronautical chart, unless a letter of agreement with that airport’s management is obtained or otherwise permitted by a COA issued to the exemption holder. The letter of agreement with the airport management must be made available to the Administrator or any law enforcement official upon request.

17. The UA may not b e operated less than 500 feet below or less than 2,000 feet horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.

18. If the UAS loses communications or loses its GPS signal, the UA must return to a

pre

- determined location wi thin the private or controlled

- access property.

19. The PIC must abort the flight in the event of unpredicted obstacles or emergencies.6

20. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough available power for the UA to conduct the intended operation and to operate after that for at least five minutes or with the reserve power recommended by the manufacturer if greater.

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (C OA). All operations shall be conducted in accordance with an ATO

- issued COA. The exemption holder may apply for a new or amended COA if it intends to conduct operations that cannot be conducted under the terms of the attached COA.

22. All aircraft operated in accordance with this exemption must be identified by serial number, registered in accordance with 14 CFR part 47, and have identification (N−Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must be as large as practicable.

23. Docume nts used by the operator to ensure the safe operation and flight of the UAS and any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the PIC at the Ground Control Station of the UAS any time the aircraft is operating. These
documents must be made available to the Administrator or any law enforcement official upon request.

24. The UA must remain clear and give way to all manned aviation operations and
activities at all times.

25. The UAS may not be operated by the PIC from any moving device or vehicle.

26. All Flight operations must be conducted at least 500 feet from all nonparticipating persons, vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons
from the UA and/or d ebris in the event of an accident. The operator must ensure that nonparticipating persons remain under such protection. If a situation arises where nonparticipating persons leave such protection and are within 500 feet of the UA, flight operations must cea se immediately in a manner ensuring the safety of nonparticipating persons; and
b. The owner/controller of any vessels, vehicles or structures has granted permission for operating closer to those objects and the PIC has made a safety assessment of
the risk of operating closer to those objects and determined that it does not present
an undue hazard.

The PIC, VO, operator trainees or essential persons are not considered nonparticipating persons under this exemption.

27. All operations shall be conducted over private or controlled

- access property with permission from the property owner/controller or authorized representative.7

Permission from property owner/controller or authorized representative will be obtained for each flight to be conducted.

28. Any incident, a ccident, or flight operation that transgresses the lateral or vertical boundaries of the operational area as defined by the applicable COA must be reported to the FAA's UAS Integration Office (AFS−80) within 24 hours. Accidents must be reported to the Nati onal Transportation Safety Board (NTSB) per instructions
contained on the NTSB Web site: www.ntsb.gov

.

If this exemption permits operations for the purpose of closed

- set motion picture and television filming and product ion, the following additional conditions and limitations apply.

29. The operator must have a motion picture and television operations manual (MPTOM) as documented in this grant of exemption.

30. At least 3 days before aerial filming, the operator of the UAS affe cted by this exemption must submit a written Plan of Activities to the local Flight Standards District Office (FSDO) with jurisdiction over the area of proposed filming. The 3

- day notification may be waived with the concurrence of the FSDO. The plan of ac tivities must include at least the following:

a. Dates and times for all flights;
b. Name and phone number of the operator for the UAS aerial filming conducted under this grant of exemption;

c. Name and phone number of the person responsible for the on

- scene operat ion of the UAS;
d. Make, model, and serial or N−Number of UAS to be used;

e. Name and certificate number of UAS PICs involved in the aerial filming;
f. A statement that the operator has obtained permission from property owners and/or
local officials to conduct the filming production event; the list of those who gave permission must be made available to the inspector upon request;

g. Signature of exemption holder or representative; and
h. A description of the flight activity, including maps or diagrams of any area, city,

t own, county, and/or state over which filming will be conducted and the altitudes essential to accomplish the operation.

31. Flight operations may be conducted closer than 500 feet from participating persons consenting to be involved and necessary for the film ing production, as specified in the exemption holder’s MPTOM.

Unless otherwise specified in this grant of exemption, the UAS, the UAS PIC, and the UAS operations must comply with all applicable parts of 14 CFR including, but not limited to,
parts 45, 47, 61, and 91.8

This exemption terminates on February 28, 2017 , unless sooner superseded or rescinded.

Sincerely,

/ s/
John S. Duncan Director, Flight Standards ServiceUNMANNED AERlAL SOLUTlONS, INC.

Blue-Chip Unmanned Aerial Solutions, Inc

. Attn : Clint P

. Stevens
1965 South Beech St.
Wichita

, KS 67207
316-305-5498

clint. stevens@bluechipuas. com

May 12

, 2015

U.S. Department of T ran s portatio n Docket Operations
1200 New Jersey Ave

., SE Washington

, DC 20590

Re: Request to amend and allow for Blue-Chip UAS, Inc. the ability to utilize additional sUAS platforms under the same direction as provided within exemption #11172, docket# FAA-2014-0787-0009, approved February 10,2015.

Dear Sir/Madam

,

Dear Sir or Madam ;

Blue-Chip Unmanned Aerial Solutions

, Inc

. (Blue-Chip UAS) was issued an exemption under Section 333 of the " FAA Modernization and Reform act of 20 12 " (the " Reform Act " ) numbered 11172 ( the Exemption) for the purpose of conducting UAS operations within the oil and gas , agriculture

, wildlife and aerial photography industries. Blue-Chip U AS

, herby requests an amendment to the Exemption to allow an additional type of " Multi-Rotor Wing " unmanned aircraft system (UAS) to be operated in full compliance with the conditions set forth within the Exemption

. Blue-Chip UAS

, requests permission to operate the following UAS based on their type

, size

, weight, and speed under the same terms and conditions contained within the E x emption and provided by the parameters set forth in regards to capabilities and limitations identified within the Flight Operations Manual and Maintenance Manual attached as provided

.Model

Altus X-4

Altus X-8**~** Size

Multi-Rotor 4

. 5ft Span

Multi-Rotor 4ft Span Weight

28lbs

49lbs Speed

< 27mph

< 27mph

Blue-Chip UAS

, respectfully requests the same finding from the FAA as provided to Aerial Mob

, LLC as to their amended exemption numbered ll066A, docket ID FAA-2014-0353

, dated February 2

, 2015. As indicated

, the FAA found the amendment request was not precedent setting

, that good cause exists for not publishing a summary of the petition in the Federal Register and that any delay in acting on
the petition would be detrimental to the organization

.

Thank you for your time in regards to this petition and please direct any correspondence to Mr.

Clint Stevens

.

Clint P. Stevens

Chief Operations Officer & Co-Founder Blue-Chip UAS

, Inc

. 316-305-5498

clint. stevens@bluechipuas.com

cc:
Robert Pappas

KieraJones

John Barbagallo