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 ope ration 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

.

T he requested exemption would permit Petitioner the operation of sUAS under

contro lled 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 c onduct 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 to ur 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 pilo ting 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 p hotography, 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 s UAS 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 Videogra phy

 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 ha s stated that Section 333 provides a mechanism for “expeditedoperation 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 t o 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 popu lated 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 p ublic 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: w ould 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 qual ify for approval under Section 333 of the Reform Act. Each of the statutory criterial and other potentially

relevant factors are satisfied.

The proposed opera tions 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 bey ond that existing when fixed or rotor wing aircraft are used to accomplish the

same purpose.

Petitioner's sUAS is a DJI Phantom 2 Vision roto rcraft, weigh ing less than 55 lbs 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 condition s

.

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 t he public.

Given the small siz e of the sUAS invo lved and the restricted environment within

which it will operate, this petit ion 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 s UAS ’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 issue s

.

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 env ironmental impacts, the grant of the requested exemptions is also in the public interest.

Acco rdingly, Petitioner requests that the FAA grant the requested exemption

.

Description of Proposed OperationsTo assist the FAA in its safety assessment of Peti tioner'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 o f the national airspace system or the public."

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

License . SEE ATTACHED

.

 Maximum f light time for each mission will be less than 20 m inutes.

 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 allow s 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).

 T he 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 fr om the relevant property owners will be obtained prior to each flight.

 The sUAV will ope rate 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.

T he 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

dim inish the likelihood of death or serious bodily injury. With a small payload of a lightcamera 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 benefic ial to online home shoppers

but also to the se llers 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 G ross weight exc eeding 55 pounds

3. A ll operations will occur in FAA Class G airspace at no more than 400 ft AGL, at an airspeed of no more tha n 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 utiliz e 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 loca l government prior to operation

9. BlueLaVaMedia, LLC will not be operating over any ope n

- air assembly of people

It is additionally important to note that Petitioner carrie s 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

ATTA CHED), and most importa ntly 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 LaVantureBlueLaVaMedia, 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 dev elop airworthiness standards for sUAS , we request an experimental certificate be issued f or 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 Petitione r, 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 s UAS.

In all cases, BlueLaVaMedia’s sUAS demonstr ates that the sUAS operated without an airworthiness certificate, in the restricted environment and under the conditions

p roposed will be at least as safe, or safer, than a conventional aircraft operating with an

airworthiness certificate without the restr ictions and conditions of the proposed sUAS operations.

Furthermore; t he aircraft will not carry persons or property, will not carry fuel, and will only fly under strict operational requirements. Combined with the s UA V 's light weight, being constructed pr imarily of carbon fiber and plastic, we propose that the s UA V 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 highor greater) with the words "Experimental Unmanned A ircraft Ground Station” at the

Ground S tation wh ere the PIC , VO and others in the vicinity of the aircraft will be able to see the designation. Since the a ircraft 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 C ommercial p ilot 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 w ith 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 Pr ivate 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 witho ut an airworthiness

certificate

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

feel that this r egulation does not apply

.

14 CFR 91.9 Civil aircraft flight manual, ma rking, and placard requirements This regulation provides that no person may operate an aircraft unless a current, approved flight manual is in the aircraft. T his requirement is to ensure that flight manual information is available to the aircrew while operating the aircraft.

We request an exemption to this requi rement since the aircraft is t oo 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 t o 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 . A t all times during operational flights t he 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 (exce pt 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", bot h 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 t han 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 eme rgency landing without undue hazard to persons or property on the surface.

Our sUAS will never opera te at an altitude greater than 4 00 AGL and w ill operate solely

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

l evel of safety at least equivalent to or below those in relation to minimum safe altitudes. Given the size, weight, maneuverability of our s UAS, 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 i s transmitted via radio from the sUAS on

- board computer to the display screen held by the PIC, providing a constantly updated AGL readout. As

p rescribed in the M anual, the operator will confirm the altitude of the launch site shown

on the GPS al titude ind icator 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 requiremen ts for flight in VFR conditions The regulation provides that no person may begin a f light in an airplane under day

- V FR 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. T his 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.A n 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 s UAS.

14 CFR 91.203(a) & (b) Civil ai rcraft: Certifications required The regulation provides that an airworthiness certificate, with the reg istration number assigned to the aircraft and a registration certificate must be onboard the aircraft. Additionally, subparagraph (b) provides that th e 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 sU AS does not have a cabin or cockpit entrance at which t he 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 S tation 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 u n der 43.7" after maintenance and inspection.

O ur 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

t he 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 sma ll cracks, che cking electrical connections, and updating software and firmware for the on

board 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. D ue 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 tha t would typically require manned aircraft to complete. Small, light, unmanned aerialvehicles offer a variety of benefits over the use of full

- sized manned aircraft and

especially for real estate photography

. By r eplacing manned aircraft s that are also carrying flammable fuel with small s UAS ’s carryi ng no photographers, crew or fuel

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

PIC.

T he FAA will help drive the development of safe commercial UAS operations b y

gra nting Petitioner ‘s requested for the above exemptions

. BlueLaVaMedia, L LC is committed to promoting s UAS research efforts by sharing valuable information from its

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

BlueLaVaMedi a 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 go od cause to grant this Petition to

BlueLaVaMedia.

Conclusion

The Phantom 2 Vision s UAS that BlueLaVaMedia will be using under the autho rization by the US DOT

- FAA, is a small, light

- weight device which will be operated only under line of sight conditions of the P IC, 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 h as proven capabi lity for controlled flight since its release and it is als o 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 a ircraft.

It is for all these reasons that the exemptions requested herein should be granted and BlueLaVaMedia, LLC should b e permitted to conduct small sUAS operations in

accordance with its M anual and all other operating parameters deemed necessary and appropriate by the FAA. We feel that t he sub mission of this application is the best

demonstration that it is possible to pursue the authorization pr ocess so that our sUAV may be used for commercial activities and done so under safe conditions.

Appendix A

– Flight Restrictions

a) No fligh t 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 V O 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 consisten t 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 pr ior to
operation;
g) The s UA S will not be operated over densely populated areas;
h) The s UA S will not be operated at air shows;
i) The s UA S will not be operated over any open

- air assembly of people;
j) The s UA S will not be operated over heavily trafficked roads or fre eways ; k) The s UA S will not be operat ed 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 t he s UA S is in a condition safe for flight.