7191 East Leelanau Hills Drive

Traverse City, MI 49684

231-946-1360

http://www.BlueLaVaMedia.com

Jason@BlueLaVaMedia.com

Date: June 23, 2015

U. S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

Attn:

RE: Petition of Utility Aerial Services, Inc. for Exemption Pursuant to Section

333 of the FAA Reform Act

To Whom it May Concern:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform 

Act) and 14 C.F.R. Part 11, BlueLaVaMedia LLC, herein (“Petitioner”) operator of Small 

Unmanned Aircraft Systems (“sUAS”), equipped to conduct aerial photography and real 

estate videography hereby applies for an exemption from the listed Federal Aviation 

Regulations (“FARs”) to allow for 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 Petitioner the operation of sUAS under 

controlled conditions in airspace that is limited to visual flight reference (VFR), 

predetermined space and a controlled environment. The proposed exemption, if 

granted, would allow Petitioner to conduct commercial operations that would meet and 

or exceed all of the operational and safety requirements set forth in Section 333.

Petitioner’s Description

Petitioner is owner and operator of BlueLaVaMedia, LLC at www.BlueLaVaMedia.com a 

professional photography and interactive virtual tour company servicing Northern 

Michigan, and Vice President - Founder of RTV, Inc at www.RealTourVision.com a 

virtual tour software development company and national photography service. 
Since 1999 RTV, Inc has on-boarded over 2500 professional photographers and virtual 

tour providers worldwide that have purchased the RTV virtual tour software system. 

During this time these independent professionals look to RTV for the latest in virtual tour 

technology and property marketing tools. As of late several hundred are now turning to 

RTV for advise as to how they should proceed with using sUAS’s in each of their local 

markets.

Petitioner has many years and hundreds of hours of experience in piloting hobby aircraft 

and also holds a private pilot’s license. SEE ATTACHED.

In 2007 the Petitioner created BlueLaVaMedia, LLC to become a local distributor of 

RTV’s products and services creating Northern Michigan’s solution for professional real 

estate photography, virtual tours, and a wide variety of other property marketing 

services. RTV’s vast network of professional entrepreneurs and photographers will 

follow the direction of the Petitioner, as their leader, in showing them the correct and 

legal steps to take when looking to offer sUAS services in their local market. 

Petitioner plans on utilizing the capabilities of sUAS to offer a variety of unique services 

through BlueLaVaMedia and RTV, Inc including:

 Real Estate Photography & Real Estate Videography

 Aerial Photography & Videography

 sUAS Flight and Operation Training for the RTV Network

 Educational Operations

Following the requirements of 14 C.F.R. 11.81(a), Petitioner provides the

following information in support of its petition for exemption:

The name and address of the Petitioner is:

BlueLaVaMedia, Inc

Attn: Jason LaVanture

7191 East Leelanau Hills Drive, Traverse City, MI 49684

Phone: 231-946-1360

Email: Jason@BlueLaVaMedia.com

Relevant Statutory Authority

Section 333, titled “Special Rules for Certain Unmanned Aircraft Systems”, provides a 

mechanism for seeking expedited FAA authorization of safe civil UAS operations in the 

National Airspace System (“NAS”). Section 333(a) states that the FAA “shall determine 

if certain unmanned aircraft systems may operate safely in the national airspace system

before completion of the comprehensive plan and rulemaking required by section

332(b)(1) of this Act or the guidance required by section 334 of this Act.” In Section

332(b)(1), Congress has stated that Section 333 provides a mechanism for “expedited
operation authorization” if key factors are met. Petitioner meets all requirements to

permit FAA approval of commercial UAS operations.

In making this determination, the Secretary is required to determine which types of 

UASs 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, speed, weight and operational capability

 Operation of the UAS in close proximity populated areas and airports

 Operation of the UAS within visual line of sight of the operator

If the Secretary determines that such vehicles "may operate safely in the NAS, the 

Secretary shall establish requirements for the safe operation of such aircraft

in the NAS.

In addition, the FAA Administrator has general authority to grant exemptions from its

safety regulations and minimum standards when the Administrator decides a requested

exemption is in the public interest. See 49 U.S.C. 44701(f) (authorizing the grant of

exemptions from a requirement of regulations prescribed pursuant to section 44701(a)-

(b) and sections 44702-44716). A party requesting an exemption must demonstrate why 

the exemption: would benefit the public as a whole and would not adversely affect 

safety or how it would provide a level of safety at least equal to the existing rules. See 

14 C.F.R. 11.81;FAA, Petition for Exemptions.

Regulations From Which Exemption is Requested:

14 C.F.R. Part 21

14 C.F.R. 45.23 (b)

14 C.F.R. 61.113(a) and (b)

14 C.F.R. 91.7 (a)

14 C.F.R. 91.9 (b) (2)

14 C.F.R. 91.109

14 C.F.R. 91.119

14 C.F.R. 91.121

14 C.F.R. 91.151(a)
14 C.F.R. 91.203 (a) & (b)

14 C.F.R. 91.205 (b)

14 C.F.R. 91.215

14 C.F.R. (91.401 - 91.417)

Qualification for Approval Under Section 333 of the Reform Act

The proposed operations in this petition for exemption qualify for approval under 

Section 333 of the Reform Act. Each of the statutory criterial and other potentially

relevant factors are satisfied.

The proposed operations would permit the use of the Phantom 2 Vision, a small and 

relatively inexpensive UAS under controlled conditions in airspace that is: (1) limited; (2) 

predetermined; (3) controlled as to access, and; (4) would provide an increased level of 

safety beyond that existing when fixed or rotor wing aircraft are used to accomplish the 

same purpose.

Petitioner's sUAS is a DJI Phantom 2 Vision rotorcraft, weighing less than 55lbs 

including payload. It will operate at a speed of no more than 25 knots and have the 

capability to hover, and move in the vertical and horizontal plane simultaneously under 

normal conditions.

Petitioner's sUAS will operate in line-of-sight and will insure that the sUAS will "not 

create a hazard to users of the NAS or the public.

Given the small size of the sUAS involved and the restricted environment within

which it will operate, this petition for exemption falls within that zone of safety i.e., an 

equivalent level of safety, in which Congress envisioned that the FAA should, by 

exemption allow commercial operations of sUAS’s to commence. Also, due to the size 

of the sUAS and the restricted areas in which the sUAS will operate, approval of the 

application presents no national security issues.

Considering the clear direction in Section 333 of the Reform Act, the authority contained

in the Federal Aviation Act, as amended, the equivalent level of safety surrounding the 

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

reduction in environmental impacts, the grant of the requested exemptions is also in the 

public interest.

Accordingly, Petitioner requests that the FAA grant the requested exemption.

Description of Proposed Operations
To assist the FAA in its safety assessment of Petitioner's proposed sUAS operations, 

below is a summary of operational limitations and conditions which will ensure an 

equivalent or higher level of safety to operations conducted under current regulatory

guidelines:

 BlueLaVaMedia, LLC will only operate its sUAS in line of sight of a pilot and/or 

observer and will operate at sites that are a 'sufficient distance' from populated areas 

within a sterile area. Such operations will insure that the sUAS will "not create a 

hazard to users of the national airspace system or the public."

 The sUAS pilot (PIC) will be an FAA licensed airman with a private pilot's license.

License. SEE ATTACHED.

 Maximum flight time for each mission will be less than 20 minutes.

 Flights will be terminated at 25% battery power reserve should that occur prior to the

20 minute limit.

 If the sUAS loses communications or loses its GPS signal, the sUAS is equipped 

with a safety feature that allows the sUAS to automatically return to the PIC at the 

Ground Station.

 The sUAV will be programmed so that it shall not operate at an altitude of more than 

400 feet AGL.

 Minimum crew for each operation will consist of the sUAS Pilot-in-Command (PIC), 

and Visual Observer (VO).

 The sUAS operated by the petitioner weighs less than 55 pounds, including the

payload which consists of a camera, lens, and gimbal.

 Written and or oral permission from the relevant property owners will be obtained 

prior to each flight.

 The sUAV will operate at speeds of no more than 25 knots, can hover, and can

simultaneously move vertically and horizontally.

 Given the small size of the sUAS and the restricted sterile environment within which

it will operate, our sUAS operations will adhere to the Reform Act's safety

requirements.

The sUAV, powered by batteries, is smaller, lighter and more maneuverable than larger 

aircraft running on combustible fuel, it operates at lower altitudes with no people on 

board and will thereby reduce current risk levels and thereby enhance safety and 

diminish the likelihood of death or serious bodily injury. With a small payload of a light 
camera and gimbal, and maximum flight time of only 20 minutes, this offers little or no 

risk to property, people and national security.

Elevated photos and video between 30 and 200 feet AGL from a variety of angles are 

far more effective than ground based imagery for displaying the characteristics of a 

property as well as the lay of the land. The benefits of this low cost and safe recording 

of property from our use of the sUAS will not only be beneficial to online home shoppers 

but also to the sellers of real estate property and land developers alike.

1. BlueLaVaMedia, LLC will not be operate over densely populated areas

2. No flight will be made with a Gross weight exceeding 55 pounds

3. All operations will occur in FAA Class G airspace at no more than 400 ft AGL, at

an airspeed of no more than 25 knots and no further than 1/5 NM (roughly 1215 

ft) from the PIC

4. BlueLaVaMedia, LLC will not be operating over heavily trafficked roads

5. All operations will utilize a VO. The VO and PIC will be able to communicate by 

voice at all times during flight operation

6. BlueLaVaMedia, LLC will not be operating within 5 NM of an airport or heliport

7. Operations will be restricted to flights over private property with the permission of

the property owner

8. All required permits will be obtained from state and local government prior to 

operation

9. BlueLaVaMedia, LLC will not be operating over any open-air assembly of people

It is additionally important to note that Petitioner carries business liability insurance, 

has logged hundreds of hours flying model aircraft since 1989, has logged over 200 

hours piloting the DJI Phantom 2 Vision, has a valid US driver’s license (SEE 

ATTACHED), and most importantly holds a Private Pilot’s license (SEE 

ATTACHED).

We respectfully request exemption under Section 333 to enable BlueLaVaMedia, LLC to 

operate low-risk commercial sUAV operations for the activities stated respecting at all 

times the regulations set forth as well as the space and privacy of citizens. Thank you 

for your consideration.

Sincerely,

Jason LaVanture
BlueLaVaMedia, LLC

231-946-1360

Jason@BlueLaVaMedia.com

http://www.BlueLaVaMedia.com

Regulations From Which Exemption is Requested

BlueLaVaMedia, LLC requests an exemption from the following regulations as well as 

any additional regulations that may technically apply to the operation of the sUAV 

System:

14 CFR Part 21, Airworthiness Certificates

This part establishes the procedures for the issuance of an airworthiness certificate. 

While the FAA continues to work to develop airworthiness standards for sUAS, we

request an experimental certificate be issued for our DJI Phantom 2 vision under the 

following provisions:

Given the size and limited sterile operating area associated with the sUAS to be utilized

by the Petitioner, 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(f)) 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.

In all cases, BlueLaVaMedia’s sUAS 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 operating with an 

airworthiness certificate without the restrictions and conditions of the proposed sUAS 

operations.

Furthermore; the aircraft will not carry persons or property, will not carry fuel, and will 

only fly under strict operational requirements. Combined with the sUAV's light weight, 

being constructed primarily of carbon fiber and plastic, we propose that the sUAV will be 

at least as safe, if not safer, than a conventionally certificated aircraft performing the 

same type of flight objective.

14 CFR 45.23 Display of marks; general and 45.29 Size of marks

These regulations provide that each aircraft must display "N" and the aircraft's 

registration number in letters at least 3 inches high. Additionally, the aircraft must 

display the word "EXPERIMENTAL" in letters at least 2 inches high near the entrance to 

the cabin, cockpit, or pilot station. 

Our sUAV does not have an entrance in which the word "EXPERIMENTAL" can be 

placed, and may not have a registration number assigned to it by the FAA. We propose,

to achieve an equivalent level of safety, that we place a placard (in letters 3 inches high 
or greater) with the words "Experimental Unmanned Aircraft Ground Station” at the 

Ground Station where the PIC, VO and others in the vicinity of the aircraft will be able to 

see the designation. Since the aircraft will be operating within 1/5 NM of the ground 

station, the banner will also be visible to anyone observing the aircraft while in flight.

14 CFR 61.113 Private pilot privileges and limitations: Pilot in Command and 

61.133 Commercial pilot privileges and limitations

The regulation provides that no person that holds a Private Pilot certificate may act as 

pilot in Command of an aircraft for compensation or hire. Subparagraph (b) allows a 

private pilot to act as pilot in command of an aircraft in connection with any business or 

employment if: (1) The flight is only incidental to that business or employment; and (2) 

The aircraft does not carry passengers or property for compensation or hire. 

Our proposed operations require that the PIC must hold at least a Private Pilot 

Certificate issued by the FAA and since the aircraft cannot carry passengers or 

property, we feel we meet the intent of 61.113 Subparagraph (b) even though the intent 

of this application is to conduct a business.

14 CFR 91.7 Prohibits the Operation of an aircraft without an airworthiness 

certificate

Since no such certificate will be applicable in the form contemplated by the FARs, we 

feel that this regulation does not apply.

14 CFR 91.9 Civil aircraft flight manual, marking, and placard requirements

This regulation provides that no person may operate an aircraft unless a current, 

approved flight manual is in the aircraft. This requirement is to ensure that flight manual

information is available to the aircrew while operating the aircraft.

We request an exemption to this requirement since the aircraft is too small to carry 

documentation. To obtain an equivalent level of safety and meet the intent of 91.9, we 

propose that a current, approved sUAS Flight Manual (SEE ATTACHED) be available to 

the PIC and VO at the ground station anytime the aircraft is in, or preparing for, flight.

Additionally, during all of the Petitioner’s operations a VO will be present to satisfy the 

visual line of sight requirement. At all times during operational flights the VO and the 

PIC will be able to communicate verbally.

14 CFR 91.109 Flight Instruction; Simulated instrument flight and certain flight

tests

The regulation states 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." 

Our sUAS’s ground-based control station consists of a small hand-held radio transmitter 

and while it does not offer a second set of "controls", both the student and instructor are 

able to operate this single set of controls simultaneously to provide a safe “Hands on” 
training environment. Under these conditions, we feel that this technique meets the 

intent 91.109 and provides an equivalent level of safety.

91.119 Minimum safe altitudes

The regulation states that over sparsely populated areas the aircraft cannot be operated 

closer than 500 feet to any person, vessel, vehicle, or structure. 14 C.F.R. § 91.119 

prescribes safe altitudes for the operation of civil aircraft and it allows helicopters to be 

operated at lower altitudes in certain conditions. 

Since the typical mission of our sUAS would be strictly for real estate photography it 

would be necessary to operate closer than 500 feet to the items listed. Operations will 

only be flown over property or persons where permission has been obtained and careful 

pre-planning has been performed. The aircraft will be operated at a low altitude 

allowing, if a power unit fails, an emergency landing without undue hazard to persons or

property on the surface. 

Our sUAS will never operate at an altitude greater than 400 AGL and will operate solely 

in safe areas under controlled conditions being away from public and traffic, providing a 

level of safety at least equivalent to or below those in relation to minimum safe altitudes. 

Given the size, weight, maneuverability of our sUAS, an equivalent or higher level of 

safety will be achieved.

CFR 91.121 Altimeter settings

The regulation requires a person operating an aircraft to maintain cruising altitude or 

flight level by reference to an altimeter that is set to the elevation of the departure airport 

or barometric pressure. An exemption is thus required because the sUAS does not have 

a barometric altimeter, but rather a GPS altitude read out.

Our sUAS will always fly below 400 feet AGL and will not need to maintain cruising 

altitudes in order to prevent conflict with other aircraft. An AGL altimeter measurement 

above the takeoff point is transmitted via radio from the sUAS on-board computer to the 

display screen held by the PIC, providing a constantly updated AGL readout. As 

prescribed in the Manual, the operator will confirm the altitude of the launch site shown 

on the GPS altitude indicator before flight and the PIC will use the GPS altitude indicator 

to constantly monitor the sUAS’s height ensuring safe altitudes.

14 CFR 91.151 Fuel requirements for flight in VFR conditions

The regulation provides that no person may begin a flight in an airplane under day-VFR

conditions unless there is enough fuel to fly to the first point of intended landing and to 

fly after that for at least 30 minutes. This paragraph is to provide an energy reserve as a 

safety buffer for delays to landing.

The battery powering our sUAS provides approximately 25 minutes of powered flight.

An exemption from the 30 minute reserve requirement in 14 CFR 91.151 is therefore 

required.
An equivalent level of safety will be achieved by limiting flights to under 25 minutes or 

25% of battery power, whichever happens first. This restriction would be more than 

adequate to return the sUAS to the ground station from anywhere within its limited 

operating area. Operation of the sUAS with less than 30 minutes of reserve fuel does 

not cause the type of risks that Section 91.151(a) was intended to alleviate given the 

size and speed of the sUAS.

14 CFR 91.203(a) & (b) Civil aircraft: Certifications required

The regulation provides that an airworthiness certificate, with the registration number 

assigned to the aircraft and a registration certificate must be onboard the aircraft. 

Additionally, subparagraph (b) provides that the airworthiness certificate be displayed at 

the cabin or cockpit entrance so that it is legible to passengers or crew.

Our sUAS’s load capacity and size does not allow it to carry certification or registration 

documents and the sUAS does not have a cabin or cockpit entrance at which the 

documents could be displayed. Finally there are no passengers or crew for whom the 

certificates need be displayed.

To obtain an equivalent level of safety and meet the intent of 91.203, the Manual and 

any other documentation deemed appropriate for this aircraft by the FAA will be stored 

at the Ground Station where the PIC flying the sUAS, or anyone else at the ground 

station, will have immediate access to them.

14 CFR Subpart E (91.401- 91.417)- Maintenance, Preventive Maintenance, 

Alterations

The regulation provides that the operator is primarily responsible for maintaining the 

aircraft in an airworthy condition, including compliance with part 39 and 43. Paragraphs 

91.407 and 91.409 require that the aircraft be "approved for return to service by a 

person authorized under 43.7" after maintenance and inspection. 

Our PIC will perform maintenance and inspection of the aircraft and "be authorized to 

approve the aircraft for return to service" after each flight. All maintenance and 

inspections by the PIC will be performed in accordance with the Manual. As provided in 

the Manual, the PIC will ensure that the UAS is in working order prior to initiating flight, 

perform required maintenance, and keep a log of any maintenance performed.

Maintenance performed by the PIC will be limited to replacing propellers, repairing small 

cracks, checking electrical connections, and updating software and firmware for the onboard computer. All other maintenance will be performed by the manufacturer or their 

designated repair facility. The PIC will document work performed in accordance with 

91.417. Due to the size, construction, and simplicity of our sUAS we are able to certify

an equivalent level of safety.

Safety and Benefits

BlueLaVaMedia, LLC will be using the Phantom 2 Vision in a variety of applications that 

would typically require manned aircraft to complete. Small, light, unmanned aerial 
vehicles offer a variety of benefits over the use of full-sized manned aircraft and 

especially for real estate photography. By replacing manned aircrafts that are also 

carrying flammable fuel with small sUAS’s carrying no photographers, crew or fuel 

establishes a scenario where there is much less risk to others in the area and for the 

PIC. 

The FAA will help drive the development of safe commercial UAS operations by 

granting Petitioner‘s requested for the above exemptions. BlueLaVaMedia, LLC is 

committed to promoting sUAS research efforts by sharing valuable information from its 

sUAS operations and serving as a resource for future sUAS research. Furthermore; 

BlueLaVaMedia will share any and all information regarding the appropriate way to 

acquire a waiver with the vast number of professional real estate photographers within 

the RTV network. BlueLaVaMedia will encourage all those interested in pursuing sUAS 

operations in their area to follow the rules and regulations set forth by the FAA. It is 

because of these reasons that the FAA has good cause to grant this Petition to 

BlueLaVaMedia.

Conclusion

The Phantom 2 Vision sUAS that BlueLaVaMedia will be using under the authorization 

by the US DOT-FAA, is a small, light-weight device which will be operated only under 

line of sight conditions of the PIC, and less than 400 feet above AGL and outside 5 

miles from any airport, heliport, seaplane base, spaceport, or other location with aviation 

activities, unless the air traffic control authorities (ATC) have been notified and have 

authorized each flight within a radius of this distance. The Phantom 2 Vision has proven 

capability for controlled flight since its release and it is also a device that is offered for 

general sale on the market around the world. Our sUAS is also currently being used

successfully by thousands as a model and hobby aircraft.

It is for all these reasons that the exemptions requested herein should be granted and 

BlueLaVaMedia, LLC should be permitted to conduct small sUAS operations in 

accordance with its Manual and all other operating parameters deemed necessary and 

appropriate by the FAA. We feel that the submission of this application is the best 

demonstration that it is possible to pursue the authorization process so that our sUAV

may be used for commercial activities and done so under safe conditions.

Appendix A – Flight Restrictions

a) No flight will be made with a Gross weight exceeding 55 pounds;

b) All operations must occur in FAA approved airspace at no more than 400' AGL, 

at an airspeed of no more than 25 knots and no further than 3/4 NM from the 

PIC;

c) All operations must utilize a visual observer (VO). The VO and PIC must be able 

to communicate verbally at all times during a flight operation;

d) Operations will be restricted to flights over private property with the permission of 

the property owner;
e) The PIC must have accumulated and logged, in a manner consistent with 14 

CFR § 61.51 (b), a minimum of 100 flight cycles and 25 hours of total time as a 

sUAS rotorcraft pilot and at least ten hours logged as a sUAS pilot with a similar 

sUAS type;

f) All required permits will be obtained from state and local government prior to 

operation;

g) The sUAS will not be operated over densely populated areas;

h) The sUAS will not be operated at air shows;

i) The sUAS will not be operated over any open-air assembly of people;

j) The sUAS will not be operated over heavily trafficked roads or freeways;

k) The sUAS will not be operated within 5 NM of an airport, heliport, seaplane base, 

spaceport, or other location with aviation activities without written permission of 

Airport Manager;

l) Operations will be restricted to day only and weather conditions equivalent to 

VFR;

m) The PIC will brief the VO and property owner about the operation and risk before 

the first flight at each new location;

n) No flight may be made without a successful Pre-Flight Inspection by the PIC 

before each operation to ascertain that the sUAS is in a condition safe for flight.