160	Quinn	Court	Weatherford	TX	76085

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Re:	Blue	Skye	Aerial	Systems LLC

Petition	for	Exemption	– Section	333	Title	14	CFR	111.81	(FAA)

December 8, 2015

TO: US	Department	of	Transportation	

Docket	Management	System	1200	New	

Jersey	Ave,	SE	Washington,	DC	20590

FROM:	Blue	Skye	Aerial	Systems, LLC

160	Quinn	Ct. Weatherford	TX	76085

E- mail:jdmccoll@iclould.com

Website:	www.blueskyeaerialsystems.com

Phone:(817)	690-7683

Summary	of	Exemption	Request	

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

the	Federal	Aviation	Administration’s	general	exemption	authority	under	Title	

49,	United	States	Code,	Section	44701(f),	Blue	Skye	Aerial	Systems,	LLC hereby	

petitions	for	exemptions	from	the	following	Federal	Aviation	Regulations	

specified	in	Title	14	of	the	Code	of	Federal	Regulations:

§ 14	CFR	Part	21,	Subpart	H	

§ 14	CFR	61.113(a)(b)	

§ 14	CFR	91.121	

§ 14	CFR	91.151(a)(1)	

§ 14	CFR	91.405(a)	

§ 14	CFR	91.407(a)(1)	

§ 14	CFR	91.409(a)(1)(2)	

§ 14	CFR	91.417(a)(b)
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Blue	Skye	Aerial	Systems,	LLC is	requesting	a	petition	for	exemption	(Section	333)	to	operate 

Small Unmanned Aircraft Systems equipped to conduct aerial videography, photography, 

news gathering and other aerial data collection services. Blue Skye Aerial Systems, LLC 

works with clients across many industries, including oil and gas companies, real estate, 

construction, and agriculture, to provide the client images, videos and data needed to 

support and grow their business.

Using	UAS,	we	can	help	contractors, manager’s,	journalist, and	realtors	obtain	

information	and	images,	at	reduced	risk	while	providing	a	new	level	of	information	

not	previously	accessible.	In	addition,	noise	and	air	pollution	is	less	than	

alternatives.	We	are	seeking	exemption	from	several	CFR’s	as	noted	below	that	

remain	burdensome	to	Blue	Skye	Aerial	Systems,	LLC in doing	business	and	

growing.	We	believe	and	will	provide	supporting	documentation	that	Blue	Skye	

Aerial	Systems,	LLC can	provide	a	level	of	safety	greater	than	or	equal	to	the	rules	

we	are	seeking	exemption	from.	This	request	is	in	the	public	interest,	our	interest	

and	our	local	communities	interest	here	in	Texas and	surrounding	states.	We	have	

completed	due	diligence	and	have	noticed	profound	potential	impacts	from	safety	

to	economic	impacts	to	information quality.

Blue	Skye	Aerial	System,	LLC is	currently	in	the	process	of	registering	(1) DJI	

Phantom	3	Professional.

For	Each	CFR	– I	have	created	a	response	addressing:

1) Rule	is	burdensome	to Blue	Skye	Aerial	Systems,	LLC...

2) Blue	Skye	Aerial	Systems,	LLC can	provide	a	level	of	safety	greater	than	or	

equal	to	the	rule	we	are	seeking	exemption	to.

3) This	request	is	in	the	public	interest	(Blue	Skye	Aerial	Systems,	LLC /	Public		/

Community)

RE:	Exemption	Request	Section	333	of	FAA	Reform	Act	of	F.A.R.s.	and	14	CFR	

Part	11.

14	CFR	21	H	– AirWorthiness	Certificates	sets	forth	requirements	for	procurement	

of	necessary	airworthiness	certificates	in	relation	to	FAR	§	91.203(a)(1).	The	size,	

weight	and	operational	area	of	my,	UAS	permits	exemption	from	Part	21 because	

my	UAS	meets	(and	exceeds)	an	equivalent	level	of	safety	pursuant	to	Section	333	of	

the	Reform	Act.	The	FAA	is	authorized	to	exempt	aircraft	from	the	airworthiness	

certificate	requirement	under	both	the	Act	(49	U.S.C.	§	44701	(f))	and	Section	333	of	

the	Reform	Act.	Both	pieces	of	legislation	permit	the	FAA	to	exempt	UAS's	from	the	

airworthiness	certificate	requirement	in	consideration	of	the	weight,	size,	speed,	

maneuverability	and	proximity	to	areas	such	as	airports	and	dense	populations.
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Blue	Skye	Aerial	Systems,	LLC UAS	meet	or	exceed	each	of	the	elements.	Subpart	

H	establishes	the	procedural	requirements	for	the	issuance	of	airworthiness	

certificates	as	required	by	FAR	91.203	(a)	(1).			Given	the	size	and	limited	

operating

area	associated	with	the	aircraft	to	be	utilized	by	Blue	Skye	Aerial	Systems,	LLC,	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	USC	

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,	an	analysis	of	these	criteria	

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	proposed.

61.113	(a)(b)	Private	Pilot	Privileges	and	Limits

These	regulations	limit	private	pilots	to	non-commercial	operations.	Because	the	

SUAS	will	not	carry	a	pilot	or	passengers;	due	to	the	SUAS’s	size,	weight,	speed,	and	

operational	capabilities;	and	since	operations	will	occur	in	tightly	controlled	and	

limited	airspace,	the	proposed	operations	can	achieve	the	equivalent	level	of	safety	

of	current	operations	that	currently	require	a	commercial	pilot’s	license	while	still	

benefiting	the	public good.

91.121	regarding	altimeter	settings	is	inapplicable	insofar	as	our	UAS	utilizes	

electronic	global	positioning	systems	with	a	barometric	sensor.	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	not	have	a	barometric	altimeter,	but	instead	a	GPS	altitude	read	out,	an	

exemption	may	be	needed.	An	equivalent	level	of	safety	will	be	achieved	by	the	

operator	by	confirming	the	altitude	of	the	launch	site	shown	on	the	GPS	altitude	

indicator	before	flight.

91.151(a)	prescribes	that	no	person	may	begin	a	flight	in	an	airplane	under	visual	

flight	rules	(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;

This	regulation	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	battery	powering	the	SUAS	

provides	approximately	25	minutes	of	powered	flight.	That	would	make	it	impossible	

to	meet	the	30	minute	reserve	requirement.
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Given	the	limitations	on	the	SUAS’s	flight	area	and	the	location	of	its	

operations	within	a	predetermined	area,	a	longer	time	frame	for	flight in

daylight	VFR conditions	is	reasonable.	An	equivalent	level	of	safety	can	be	achieved	by	

limiting	flights	to	25	minutes	or	25%	of	battery	power	(whichever	occurs	first).	This	

restriction	would	be	more	than	adequate	to	return	the	SUAS	to	its	planned	landing	

zone	from	anywhere	in	its	limited	operating	area.

Maintenance	Inspections

91.405(a)	requires,	in	pertinent	part,	that	an	aircraft	operator	or	owner	shall	

have	that	aircraft	inspected	as	prescribed	in	subpart	E	of	the	same	part	and	shall,	

between	required	inspections,	except	as	provided	in	paragraph	(c)	of	the	same	

section,	have	discrepancies	repaired	as	prescribed	in	part	43	of	the	chapter.

91.407	(a)(1);	prohibits,	in	pertinent	part,	any	person	from	operating	an	aircraft	

that	has	undergone	maintenance,	preventive	maintenance,	rebuilding,	or	alteration	

unless	it	has	been	approved	for	return	to	service	by	a	person	authorized	under	§

43.7	of	the	same chapter.

91.409	(a)(1)	and	(2);	prescribes	that	no	person	may	operate	any	aircraft	unless,	

within	the	preceding	12	calendar	months,	it	has	had	an	inspection	for	the	

issuance	of	an	airworthiness	certificate	in	accordance	with	part	21	of	this	chapter.

91.417	(a)(b) The	above-cited	Regulations	require,	amongst	other	things,	aircraft	owners	

and	operators	to	“have	[the]	aircraft	inspected	as	prescribed	in	subpart	E	of	this	part	and	

shall	between	required	inspections,	except	as	provided	in	paragraph	(c)	of	this	section,	

have	discrepancies	repaired	as	prescribed	in	part	43	of	this	chapter.	.	.	.”	These	Regulations	

only	apply	to	aircraft	with	an	airworthiness	certificate.	They	will	not,	therefore,	apply	to	

out	UAS.	However,	as	a	safety	precaution	Blue	Skye	Aerial	Systems,	LLC shall	inspect	all	

UAS	before	and	after	each	flight.		(see	attachment	for	user manual).

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	paragraph	(c)	of	this	section,	have	discrepancies	

repaired	as	prescribed	in	part	43	of	this	chapter...,”	and	others	shall	inspect	or	

maintain	the	aircraft	in	compliance	with	Part	43.	Given	that	these	sections	and	Part	

43	apply	only	to	aircraft	with	an	airworthiness	certificate,	these	sections	will	not	

apply.	Maintenance	will be	accomplished	by	the	operator	pursuant	to	the	Phantom	

user	manual	and	guide.	An	equivalent	level	of	safety	will	be	achieved	because	these	

small	SUASs	are	very	limited	in	size,	will	carry	a	small	payload,	and	operate	only	in	

restricted	areas	for	limited	periods	of	time.	If	mechanical	issues	arise,	the	SUAS	can	

land	immediately	and	will	be	operating	from	no	higher	than	400	feet	AGL.	Further,	

the	operator	will	ensure	that	the	SUAS	is	in	working	order	prior	to	initiating	flight	

and	perform	maintenance	as	required.	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.
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UAS	Equipment

Blue	Skye	Aerial	Systems,	LLC plans	to	utilize	a	DJI	Phantom	3	Professional.	Blue	

Skye	Aerial	Systems,	LLC PIC	will	operate	the	UAS	in	a	safe	manner	fully	aware	of	

the	NAS	minimizing	risk	on	both	the	ground	and	air.	With	full	VLOS	and	redundant	

systems	on	board	as	well	as	GPS	the	UAS	will	be	carefully	guided	to	capture	images	

for	our	clients. Blue	Skye	Aerial	Systems,	LLC shall	officially	register	the	UAS	with	

the	FAA	before	any	flights flights commence.	See	the	attached	documents	for	design	

and	operation	characteristics.	Checklists	will	be utilized	and	amended	as	need	to	

create	an	even	higher	level	of	safety.	

UAS	are	less	than	50lbs	and	fly	less	than	30	MPH	and	under	400ft.	Flights	will	be	

ceased	and	UAS	will	return	to	home	at	25%	battery	power.	A	Return	to	Home	

feature	is	available	and	can	be	used	should	connectivity	or	power	issues	arise.

Procedures

Preflight	checklists	will	be	followed. Maintenance	and	repairs will	be	incomplice	

with	manufacture	user	guides	and	published	maintenance	procedures will	be	

logged	and	batteries	will	be	logged	as	well.		

Radio	Frequencies

2.4 and	5.8	Radio	Spectrum	Frequencies	will	be	used	to	communicate	and	provide	

video	feeds	from	the	UAS	to	a	ground	station.	All	frequencies	and	usage	will	comply	

with	existing	FCC	bands.	In	addition,	ground	spotters	(Visual	Observers)	will	be	

equipped	with	a	462	MHz	radios	complying	with	part	15	FCC	and	be	in	

communication	at	all	times	with PIC.

Pilot	in	Command	(PIC)	and	Visual	Observer Rules/Goals

Blue	Skye	Aerial	Systems,	LLC’s	(PIC)	shall	hold	a	valid	FAA	issued	Private	Pilot’s	

license (SEL)	and	valid	class	II	or	III	medical	at	the	time	of	flights.	PIC	will	have	had	

at	least	3	takeoffs	and	3	landings	in	the	preceding	90	days.

A	Visual	Observer	will	understand	basic	UAS	operational	characteristics,	safety	

protocols	and	have	site	understanding	to	help	in	successful	missions.	The	visual	

observer	will	primarily	be	for	keeping	an	extra	set	of	eyes	on	the	sky	while	noting	

proximity	to	ground	hazards	including	people	and	property.	Prompt	notification	via	

radio	will	be	key	for	quick	communication.
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Operation	of	UAS	/	Privacy	/	Public	Safety

Blue	Skye	Aerial	Systems,	LLC is	aiming	to	work	with	customers	in	the	construction,	

energy	and	real	estate	space	in primarily	North	Texas to	start.	Blue	Skye	Aerial	

Systems,	LLC will	inspect	solar	panels,	wind	turbines,	construction	sites	and	bridges	

and	aerial	videography	Real	estate	for	example.	Our	nation's	infrastructure	requires	

tremendous	amounts	of	maintenance	and	check-ups	and	is	aging.	We	feel	that	using	

UAS	will	complement	existing	technologies	and	equipment	that	is	being	used	today	

but	also	provide	a	greater	level	of	safety	than	alternatives.

Blue	Skye	Aerial	Systems,	LLC shall	conduct	operations	in	VFR	VMC	weather	

during	daylight	hours	outside	of	Class	B	airspace	and	outside	of	5	mile area	of	

Class	D/C	airport	unless	approved	in	the	COA.	In	addition,	flight	altitudes	will	

be	no	higher	than	400FT	AGL.	All	operations	will	be	conducted	line	of	sight	

(LOS).	We	are	aware	a	clearance	in	the	form	of	a	COA	will	be	needed	to	conduct	

any	operations	outside	of	Class	G	airspace	from	the	local	controlling	authority	

(Tower	or	FSDO).	In	addition	any	needed	NOTAMs	will	be	completed	48	hrs	

before	flights.

Potential	hazards	will	be	outlined	in	initial	safety	briefings	and	clearly	avoided.	

Hazards	could	include	power	lines,	tall	structures	and	mechanized	moving	

equipment.		“See	and	Avoid”	rules	using	VLOS	will	be	followed	to	minimize	NAS	

impacts.	Further,	permissions	must	be	granted	or	approved	over	private	or	

public	lands	where	UAS	is operating.

COA	will	be	secured	before	flights	as	required	by	latest	FAA	guidance.	TFRs,	

NOTAMS,	weather	will	all	be	recognized	/	utilized	as	applicable.

Further:

• All operations will avoid congested or populated areas.

• Notifications will be made in advance to nearby or legal entities such as local police, 

fire.

• The operator will file a NOTAM for each flight as required by FAA / FSDO Office.

• A pre-job brief will be developed and conducted and must verify control of the flight 

area, including the absence of members of the public in the flight area.

Checklists	will	guide	operators	during	pre-flight,	flight,	and	post	flight	operations	

and	reduce	risk.	Safety	risk	assessment	checklists	will	be	developed	and	updated	

yearly.

Since	the	areas	being	photographed	or	filmed	will	be on	primarily	private	property,	

accessed	only	after	given	written	and/or	oral	consent	by	the	property	owner(s),	and	

clear	of	all	people,	except	for	the	PIC	and	the	PIC's	helper(s),	approval	of	this	

application	presents	no	risk	to	the	public	privacy.
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Reference	to	similar	Petitions:

Ø Airshark	LLC

§ Exemption	No. 11651.	

§ Regulatory	Docket	No. FAA–2015–0664

Ø Stickman	Productions	LLC

§ Exemption	No. 13320.	

§ Regulatory	Docket	No. FAA–2015–3334

Ø Lyft	Aerial

§ Exemption	No. 11960.	

§ Regulatory	Docket	No. FAA–2015–1193

Ø Michael	J.	McCue	

§ Exemption	No. 12554.

§ Regulatory	Docket	No. FAA–2015-2408	

Supporting	Documents	Etc.

• Phantom	User Manual

• Phantom	Users	Manual (1-3)

• Phantom	Guide

• Phantom	Training Guide

We	are	prepared	to	modify	or	amend	any	part	of	this	request	to satisfy	the	need	for	

an	equivalent	level	of	safety.	We	look	forward	to	working	with	your	office.	Please	

contact	me	at	any	time	if	you	require	additional	information	or	clarification.

Respectfully,

John D. McColl

John	McColl,

Founder	– Blue	Skye	Aerial	Systems,	LLC

160	Quinn	Ct

Weatherford	TX	76085