160	Quinn	Court	Weatherford	TX	76085

1 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	exemptio ns	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)2 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 ob tain 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

re main	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	exemptio n	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	hav e	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.3 Blue	Sk ye	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	Secti on	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	o perating	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	curre ntly	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	altimete r,	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	n o	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 minute s;

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	th e	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	min utes	of	powered	flight.	That	would	make	it	impossible to	meet	the	30	minute	reserve	requirement.4 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	an ywhere	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	m aintenance,	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	cale ndar	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	appl y	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	regulat ions	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	prescrib ed	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	req uired.	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.5 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	gu ided	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 a mended	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	shou ld	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	underst anding	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	communicati on.6 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	pan els,	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	technologi es	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	Cl ass	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	operati ons	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	t o	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.7 Reference	to	similar	Petitions:

Ø Air sh ark	LLC

§ Exemption	No. 11651.

§ Regulatory	Docket	No. FAA

– 2015

– 0664
Ø Stic kman	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