September 15,2015

U.5. oepa.tment of Transportatlon, Docket Operations

West BuildinS Ground Floor, Room w12-140

1200 New Jersey Avenue, SE

Washington, DC 20590

Re: Exemption Request Sedion 333 ofthe FAA Reform Act and Pan 11of the Federal

Aviation Retulations from 14 C.F.R, 55 45.23(b);14 CFR Part 21;14 CFR 61.3(a) & {c);51.113

(a) & (b);91.7 (a);91.9 (b) (2);91.103(b); 91.109;91.119; 91.121; 91.1s1{a);91.203(a} &

(b);91.10s (a); 91.a07(a) (1 ); 91.409 (a) (2);91.a17 (a)& (b); 91.129; 91.130; 91.131; 91.209.

Deaa Sir or Madam:

Pu6uant to Sedion 333 ofthe FAA Modernization and Reform Act of 2012 ("Reform Act") and 14 C.F.R.

Part 11, Blue Vigil, developer and operator of tether-powered smallunmanned aircraft systems ('rsUAS")

equipped to provide aerialvideo photography, hereby applies for a n exemption from the listed Federal

Aviation Regulations (.FARS") and anyother regulations the FAA deems necessary to allow commercial

operation of its SUAS forthe purpose ofaerialdata collection. Under the proposed exemption,

operations would be conducted pursuanttothe condltions outllned herein oras may be established by

the FAA as required by S€ction 333.

As described in detail below, the requested exemption would permit the operation of small, tetherpowered, unmanned and relatively inexpenslve SUAS under controlled conditlons 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 aerlal surveillance for law enforcement and fiGt responders. Approval of

this exemptlon would thereby enhance safety by reduclnSthe need for manned flights and providlng a

quick deployment platfo.m that will aid the flrst responder community. Currently available options for

aerial data colledion are mostly imp.actical. Authorlring the operation of Elue yrgil's SUAS under the

conditlons described hereln would fulfillthe Secretary ofTransportation's responsibility to "establish

requirements for the safe operation of IUASthat are capable ofoperating gafelylin the national

airspace system." Section 333(c)ofthe Reform Act.

The name and address ofthe Applicant is:

Blue viSil

Attni Todd Stave

Ph: srr0-638-0016

Email: todd@bluevigil.com

Address:4O2 rcn8 Farm Slvd *125-141 Rockville, MD 20850

ReSulations from whlch 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
14 CFR 91.131

14 CFR 91.151(a)

14 CFR 91.209

14 CFR 91.40s(a)

14 cFR a07(ax1)

14 CFR 4o9(a)(2)

14 CFR 417(a)& (b)

THE FAA,S AUTHORIYY TO GRANT THIS EXEMMO

This exemption appli.6tion is submitted to fulfill Congress' goal in passing Section 333 ofthe Reform Ad.

This lawdirectsthe Secretary of Tra nsportation to consider whether certain unmanned aircraft systems

may operate safely in the NAS before completion ofthe rulemaking required underS€ction 332 ofthe

Reform Act. ln making this determination, the Secretary is required to determine which types of UAS do

not create a hazard to Lrsers ofthe NAS or the public or pose a threat to national security in light of the

followinB:

. The UAS'5 size, weight, speed, and operational capabllity;

. Proximity to al.ports and populated areas; and

. Operatlon ofthe UAS within visual llne of siSht ofthe operator.

Reform Act 5 333(a)-(b). Lastly, ifthe Secretary determines that such vehicles "mayoperate safely in the

national airspace system, the Secretary sha ll esta blish requirements for the safe operatlon of such

aircraft in the national airspace system." ld. 5333{c).

The Federal Aviation Act expressly Srants the FAA the authority to :ssue exemptions. see 49 U.S.C,

5/t4701(f) ('The Administrator may grant an exemption from a requirementofa rcSulation prescribed

under subsectlon (a)or (b) ofthis section or any sections /14702{4716 ofthistitle ifthe Admihistrator

findsthe exemption in the public interest.");see obo49 U.5.C. 9i14711(a);49 U.S.C. S44704; 14 CFR

591.2031aX1). The FAA has previously used its S€ctlon 333 and exemptlon authority to authorize

commercial operation of tethered UAs. see Exemption No. 12&5 to Allied Drones, Regulatory Docket

No. FM-2014-O8(X.

AIRCRAFI, SAFETV FEATURES, AND PUBUC II{IENEST EENEFITS

Blue Vigil's 5UAS are small tethered aircraftthat present minimalsafety risks, as the technicaldesign of

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

SUAS are rotorc.aft, weighing 15 or fewer pounds including payload. One of the defining technical

characteristics of Blue Vigil's sUAs lsthat allof the electric power required to operate the rotors and

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

lenSth of 150 feet. They operate under normal conditions at a sp€ed of no mo.e than 2 knots, Because

the length of the tether i5 relatively short and limited, the SUAS can only operate in line of sight. Further,

the operator has no abilityto move the stAS horlzontally (horlzontal movement ls llmlted to the

automated fli8ht controls b.inSihgthe UAS back to hover above its ground station lf it has been blown

off center by the wind).The onboard fliSht controls are designed to keepthe 5UAS in hover above its

ground power station. The only fliShtcontrols available to the operatorare push buttons for "la unch"

and "land" and a dlalseftingfor althude that ranges from 10 to 150 feet above Sround level("AGL").

Such operations willensure thatthe SUAS will"hot create a hazard to users ofthe national airspace
system or the publlc." Given the smallsize ofthe SUAS involved and the restricted tether-limited zone

within which theycan fly, the Applicant presents no national security issue and willachleye the levelof

safety ConSrcss envlsloned in directingthe FAAto allow comrhercial operations of t AS that may safely

operate in the NAs.

One ofdefining characteristics ofthissuAS platform is its power-tether subsystem. Allelectric power

required forflight is transmitted to the SUASthrough an electrical tether cable. With the power tether

the 5UAS ls capable of nearly unlimited fllSht endurance, but onlywithin the rone defined by the lenSth

ofthe tether. without the tether, the system is incapable offliSht. Similarto moored balloons, the

tether in this SUAS provides a means to limit the range of the aircraft under hormal operating

aondltlons. However, unlike moored balloons or5UASfeatuaing urpowered tethers which would

.ontinue to fly free ifthe tether cable were severed, the SUAS operated by Elue Vigil would have no

potentialto "fly away." The physical length of the tether defines the absolute limits of the ranSe of the

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

ofthe crltlcal suAS subsystems. ln this way the tether-powered sUAs has more in common wlth cranet

manlifts, and camera masts than lt does wlth traditional ./rtethe.ed SUAS.

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

aircraft. The tether-powered SUAS does not pose a harard to other aircraft ln the vicinity when

performinS its intended mission unless it is in very close proximityto the end ofan active runway {inside

the inner markerand a few degrees from center line)or othervery low flying aircraft - the chancesof

which are miniscule tiven the tether, 150-foot altitude ceilin& and technical impossibility of a "fly away'

scenario.

The operation of Blue Vi8il's SUASwill provide significant enhancements to surveillance, area

management, and obseNation operations. As the FAA has found, an unmanned aerial device provides

an add itional tool for companies, adding a hiSher level of operationa I flexibility that supplements

existing capabilities offered by manned aircraft. Approvalofthis exemption would enhance safety by

providinS an option to use a highly cont.olled aerialdevice that remains stationary once deployed,

instead of using an untethered device that ls in constant motion while in flight, and that could

potentially lose contact orcommunication with its operator, thereby compromising controlofthe

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

news media outlets, The ability to use a safe, controlled aircraft to quicklyand efficiently collectcrucial

aerialdata will lead to countless public interest benefits, including (1) new vantage pointsforimage and

data collection; (2) operations that present little safety riskto those involved, as compared with

operations by manned aircraft or by individuals on foot in potentially danterous situations; (3) faster

and more efficient data collection, which willallowfor quickeradion; and (41 more cost-efficieht

operations.

Grant ofthe requested exemptions is in the public interest due to enhanced workplace personalsafety,

the abilityto galn situationalawareness, and ability to assessthe risksto persons within an otherwise

hazardous situation. AccordinSly, the Applicant respectfully requeststhatthe FAA Srant the requested

exemption without delay.

OPERANNG PARAMETERS A D EQUIVALET{T I.EVEI. OF SAFETY
The following limitations provide for at least an equivalent or even higher level of s.fety to operationg

under the curent retulatory strudure because the rlsks associated with manned aircraft use would be

reduced and the design features of Blue Vigil's UAs ensure safe operation with minimal rlsk.

These limitationsand conditions to which glue vigil agrees to be bound when conducting commerclal

operations under an FAA issued exemption includei

1. The SUAS willweigh no more than than 15 pounds includinS payload.

2. FliShG will be operated within line of sight of the operatortechnician.

3. flights wlll be operated at a typicil ahitude of 15-50 feet AGL, but no more than 150 feet AGL.

4. Operator technician will have been trained in operation ofSUAS and recelved up-to{ate informatlon

on the partlcular SUAS to be op€rated as required the Operations Manual.l

5. lf the SUAS loses communications or loses its GPS sitnal, the SUAS will have capability to return to

ground station location and safely land.

6. The SUAS willhave the capabilityto abort a flight in case of unpredicted obstacles or emergencies,

Blue ViSil notes that this request differs from past requests for exemption in th.ee .esp€cts. Specifically,

glue ViSil's exemption would permit use: (1) in controlled airspace; (2) at nigh! and (3) bytechnicians

who are not licensed pilots, As demonstrated below, the unlque safety features of Blue Vigil's tetherpowered UASensure that the requested operations can be conducted safely underthese circumstances

and meet or exceed the tevel of safety required by the current retulatory strudure. h addition, as it

gtands the FAA and the general public are tolerant of kite flying, RC airplane flyin& and the use of

tethered balloons for the collection ofweather data, Noneofthese uses requlrea pilot's license,

permission from the FSDO or ATC, or demonstration of knowledge of airspace rules. The Blue Vitil SUAS

have slmllarsi2e, wel8ht and mobllity, theyare much more controllable and they willbe used by trained

operators.

Blue Vlgll's UAswillachleve an equivalent level of safety for speclfic regulationrfrom which it se€ks

exemption:

14 c.F.R.9 61.u3(a) & (b): Prlvate Pllot Prlvlleges.nd Llmltatlom: Pllot in command.

Sections 61.113(a) & (b) limit private pilots to non-commercial operations. gecausethe SUASwillnot

carry a pllot or passengers, has extremely limited operational controls, and is tethered, the proposed

operatlons can achlevethe equivalent levelof safety of current operations by requiringthe operator

technician to comply with the Operations Manual and be trainedto operate the Blue ViSil's UAs. Unllke

a conventlonal aircraft that carries the pilot and pass€ngers, the SUAS is remotely controlled with no

livingthint on board. The area ofoperation is controlled and lnherently rest.lcted. The level of safety

provided by the requirements included in the Operatlons Manualexceedsthat provided by a single

individual holding a commercial pilot's certificate operating a convertional aircraft. Becasse a traditional

pilot's licensewillnot provide operatorc with the requlslte informailonto operate the aircrafl and

requires a $eat deal oftralnlnS related to the dlfricultles of flying manned, untether€d ai.craft,

requl nS such a superfluous and llFfittint qualification would place an enormous burden on the

operatoni without providinS cognizable safety beneflts. The rlsks associated wlth the operatlon ofthe

SUAS are so diminlshed fiom the level of risk associaled with commercial operations contemplated by

1 Blue vigllwillbe submitting a detailed Operations Manualas ao.mendment to this p.tltlon once th€

manual ir finalized.
Part 6l when drafted, that allowinS operations of the SUAS by a qualified operator technician as

requested meets the present levelof safety a.hieved by 14 C.F.R. 561.113(a) & (b).

ln addition, as with eliglble moored balloons operated pursuant to 14C.F.R. part 101, subpaft B, the

rlsks assoclated with operating this tether-powered SUAS in compliance with appropriate operating

limitations, are so low that there are no measurable safety benefits to requirlngthat the tether op€rator

be a certificated pilot. Moreover, glue Vigil's UAS, whlch will come down almost immediately if the

tether power source ls interrupted, would be far saferthan moored balloons gften used bycommercial

establishments without FAA authorizatioh for advertising and to make their locations .onspicuous to

shoppers.

14 C.F.R. 091.7(a)! Clvll alrcraft alrvyorthincss,

The regulation requires that no person may oprate a civil aircraft unless it ls In airworthy condltion. As

there willbe no airworthiness certificate issued for the aircraft, should this exemption be granted, no

FAA regulatory standard willexistfor determining airworthiness. Given the size ofthe aircraft and the

requirements contained in the Operations Manualfor maintenance and use ofsafetycheck lists priorto

each flight, an equivalent levelof safety will be provided.

14 €,F.R, I 91.103: Pr.flltht a.tlon

This regulatlon requires each pllot ln command to take certain actions before flightto ensure the safety

of f,ight. 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 wlll take allactions including reviewint weather, powersource requirements, landinS and

takeolf dlstances and aircraft pedormance data before initiation offlight.

t4 C.F.R. 99r,.121 Altlmetei S€ttlrys

This regulation requires each perron op€rating an aircraft to maintain cruisinS altitude by reference to

an altimeter that is set to "the elevation ofthe departure airport or an appropriate altimeter settin8

avallable before departure." As the 5UAS may only have a digital barometdc sensorand/ora GPS

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

operator, pursuantto the Operations Manualand Preflight Checklist, confirmlngthe altitude ofthe

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

of 150 feet ls inherently assured bythe tether lenSth; the operator could not operate the 5UAS at a

hlgher altltude,

14 C.f.R. 5 91.151(al: Fuel Requlrementi tor Flltht ln WR Condttlonr

Sectlon 91.151(a) prohibits an individual from beginning "a flight in an airplane under VFR condltlons

unless {considering wind and forecastweather condltions) there is enouth fuelto fly to thefirst point of

intended landin& and, assuminS normalcruising speed - (1) Durintthe day, to fly afterthatforat least

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

the SUAS provides vlftually unllmited fllght endurance, the only limitation beintthe endurance ofthe

ground power source,6iven the limitations on the SUAS a 30 mlnute power reserve for fli8ht in dayliSht

or nithtVFR conditlons is reasonable.

14 C.F.R, Subpa.t E, 05 91./05(.); '|(,7(a)(l); i||lg(ax2); a17(a) & (b): MalntGn.ncs Prcvcntiva

Malmenanca, and Alterations

These re8ulations requirethat an aircraft operator or owner "shall have that aircraft inspected as

prescribed in subpart E ofthis part and shall between required inspections, except as provided ln
paragraph (c)ofthis sedlon, have dlscrepancles repaired as prescribed in part 43 ofthis.hapter" 14

C.F.R. S 405(a), shallinsped or maintain the aircraft in compliance with Part43, d. ES /O7(aX1),

409{aX2), 417(a} and (b). Given that th€se sedion and Part 43 apply only to aircraft with an

airwonhiness certiti.ate, these sections willnot apply to theApplicant. Maintenance willbe

accomplished by the operator puBuantto the Flight Op€rations and Procedures as referenced in th€

Operations Manual.

An equivalent levelofsafety willbe achieved b€cause these smallSUAS are very limited in size and will

carry a small payload. lf mechanlcal issues ari5e, the 5UAS can land immediately and will be operating

from no hiSherthan L50 feet AGL. As provlded in the OpeEtions Manual, the operator will ensure that

the sUAs is in workin8 order priorto initiating flight perform required basic maintenancg and keep a

log ofany maintenance performed. Moreover, the operator isthe person most familiarwith the aircraft

and best sulted to malntain the aircraft in an alrworthy condition to provide the equivalent level of

safety.

gtisfaction ofthe criteria provided in Section 333 of the Reform Act of 2012-si2e, weight, speed,

operating capabilities, proximity to airports and operation within visual line of sight and national

security-provide more than adequate iustlfication for the grant of the requested exemptions allowing

commerclal operatlon ofApplicant's 5UAS in the news media, law enforcement and first responder

industries pursuantto the Operations Manual.

14 C.F.R. 991.129, 91.130, 91.13t Op.ratlom in Controllcd Ar.p.cc

These regulations requlre varlous permissions, minimum equipment requirements, and PIC license

requirements for operatlons withln classes B, C, & D alrspace. These restrictions were contemplated and

revised oveatlme to ensure the safety of air traffic around busyairpofts.

Blue vigil's suAS has llmited mobllity and a maximum altitude of 150 feet AGI-. Further,lts altitude can

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

levelof safety will be achieved becausethese smallsLJAs are very limited in slze and rage of ope.ations.

Their operations wlthln controlled airspa.e would pose a lower rlskto air safety than child flying a kite in

a park nearan airport. Be@use its maximum weight is 15 lbs. and itsgroundspeed Is 2ero in the unlikely

event of a fullforce collision with an aircraft would be less than thatofa bird strike and far more

preventable.

The Operations Manualwarns operators not to use the SUASwith l mile of active runwayapproach or

departure path and that they must be fahlliarwith restricted and prohibited ai6pace.

14 C.F,R. S91,2Olr: Alrcraft llthB.nd nltht tlm€ oper.tlons

These re8ulations require the use of position and anti-collision lightint. The regulations were

contemplated to assist ATC and pllots in VFR conditions and on the Sround in theirduty to see and avoid

other aircraft and objects.

Slue vigil's suAswillhavea smallwhite or red l-CD litht that can be s€en bythe operator from upto its

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

power consumption ofthe UAS, it is impradicalfor thls aircraft to carry lights that are large and

luminous enough to meet the standards of liShts used on manned aircraft. An equivalent levelofsafety

will be achieved because the suASwill not be operated at or near airporta or at altitudes that conflict

with other alr traffC,
SUMMARY FOR THE FED€NAT REGISTER

Petitioner Blueviqil

sections oJ 14 C.F.R. AIIeded 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(aX1); ao9(aX2);417(a) & (b)

Descripton of Relid Soughti Pursuant to 14 C.F.R. part 11 and Sedion 333 ofthe FAA Modernization and

Reform Act, petitioner requests exemptlon from 14 C.F.R, 9$ 61.113(a); 91.7(a); 91.103;91.121; 91,129;

91.130;91.131; 91.151{a); 91.209; 91.405(a); 407(aX1); 409(aX2); 417(a}& (b), and any other

reBulations the FM deems necessary to operatetethered unmanned aerielsystems (UAS) forthe

purpose of aerialdata collection,

corcrusroN

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

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

features of lts design offer an unparalleled level of safety that non-tethered UASsimply cannot achieve,

including a 150-foot altitude ceilin& a substantially limited operationalarea, and no opportunity fora

',fly awa/ scenario. Because of the wide variety of applications, the immense public benefit, and the

minimalrisksto people and property created by BlueViSil's UAS, a grant ofthe exemption requested

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

respectfully requests that the FAABrantthis petition.

Respectf ully submitted,

Tw-*

Todd Stave

CEO, Blue Vigil