October 1, 2015

Exemption No. 13055

Regulatory Docket No. FAA−2015−2876

Mr. Gordon Hutton

Blue Sky Consulting/Aerial Survey Inc.

11991 Hidden Links Drive

Fort Myers, FL 33913

Dear Mr. Hutton:

This letter is to inform you that we have granted your request for exemption. It transmits our

decision, explains its basis, and gives you the conditions and limitations of the exemption, 

including the date it ends.

By letter dated June 9, 2015, you petitioned the Federal Aviation Administration (FAA) on 

behalf of Blue Sky Consulting/Aerial Survey Inc. (hereinafter petitioner or operator) for an 

exemption. The petitioner requested to operate an unmanned aircraft system (UAS) to 

conduct aerial photography, videography, and survey.

See the docket, at www.regulations.gov, for the petition submitted to the FAA describing the 

proposed operations and the regulations that the petitioner seeks an exemption.

The FAA has determined that good cause exists for not publishing a summary of the petition 

in the Federal Register because the requested exemption would not set a precedent, and any 

delay in acting on this petition would be detrimental to the petitioner.

Airworthiness Certification

The UAS proposed by the petitioner is a DJI Inspire 1.

In accordance with the statutory criteria provided in Section 333 of Public Law 112−95 in 

reference to 49 U.S.C. § 44704, and in consideration of the size, weight, speed, and limited 

operating area associated with the aircraft and its operation, the Secretary of Transportation 

has determined that this aircraft meets the conditions of Section 333. Therefore, the FAA 
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finds that relief from 14 CFR part 21, Certification procedures for products and parts, 

Subpart H—Airworthiness Certificates, and any associated noise certification and testing 

requirements of part 36, is not necessary.

The Basis for Our Decision

You have requested to use a UAS for aerial data collection1. The FAA has issued grants of 

exemption in circumstances similar in all material respects to those presented in your petition. 

In Grants of Exemption Nos. 11062 to Astraeus Aerial (see Docket No. FAA−2014−0352), 

11109 to Clayco, Inc. (see Docket No. FAA−2014−0507), 11112 to VDOS Global, LLC (see

Docket No. FAA−2014−0382), and 11213 to Aeryon Labs, Inc. (see Docket No. 

FAA−2014−0642), the FAA found that the enhanced safety achieved using an unmanned 

aircraft (UA) with the specifications described by the petitioner and carrying no passengers or 

crew, rather than a manned aircraft of significantly greater proportions, carrying crew in 

addition to flammable fuel, gives the FAA good cause to find that the UAS operation enabled 

by this exemption is in the public interest.

Having reviewed your reasons for requesting an exemption, I find that—

 They are similar in all material respects to relief previously requested in Grant of 

Exemption Nos. 11062, 11109, 11112, and 11213;

 The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and 

11213 also apply to the situation you present; and 

 A grant of exemption is in the public interest.

Our Decision

In consideration of the foregoing, I find that a grant of exemption is in the public interest. 

Therefore, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701, 

delegated to me by the Administrator, Blue Sky Consulting/Aerial Survey Inc. is granted an 

exemption from 14 CFR §§ 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a), 61.315(a), 

91.7(a), 91.119(c), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 

91.417(a) and (b), to the extent necessary to allow the petitioner to operate a UAS to perform 

aerial data collection. This exemption is subject to the conditions and limitations listed 

below.

 

1 Aerial data collection includes any remote sensing and measuring by an instrument(s) aboard the UA. 

Examples include imagery (photography, video, infrared, etc.), electronic measurement (precision surveying, RF 

analysis, etc.), chemical measurement (particulate measurement, etc.), or any other gathering of data by 

instruments aboard the UA.
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Conditions and Limitations

In this grant of exemption, Blue Sky Consulting/Aerial Survey Inc. is hereafter referred to as 

the operator.

Failure to comply with any of the conditions and limitations of this grant of exemption will be 

grounds for the immediate suspension or rescission of this exemption.

1. Operations authorized by this grant of exemption are limited to the DJI Inspire 1 when 

weighing less than 55 pounds including payload. Proposed operations of any other 

aircraft will require a new petition or a petition to amend this exemption.

2. Operations for the purpose of closed-set motion picture and television filming are 

not permitted. 

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The 

exemption holder may use either groundspeed or calibrated airspeed to determine 

compliance with the 87 knot speed restriction. In no case will the UA be operated at 

airspeeds greater than the maximum UA operating airspeed recommended by the 

aircraft manufacturer.

4. The UA must be operated at an altitude of no more than 400 feet above ground level 

(AGL). Altitude must be reported in feet AGL.

5. The UA must be operated within visual line of sight (VLOS) of the PIC at all times. 

This requires the PIC to be able to use human vision unaided by any device other than 

corrective lenses, as specified on the PIC’s FAA-issued airman medical certificate or 

U.S. driver’s license.

6. All operations must utilize a visual observer (VO). The UA must be operated within 

the visual line of sight (VLOS) of the PIC and VO at all times. The VO may be used 

to satisfy the VLOS requirement as long as the PIC always maintains VLOS 

capability. The VO and PIC must be able to communicate verbally at all times; 

electronic messaging or texting is not permitted during flight operations. The PIC 

must be designated before the flight and cannot transfer his or her designation for the 

duration of the flight. The PIC must ensure that the VO can perform the duties 

required of the VO.

7. This exemption and all documents needed to operate the UAS and conduct its 

operations in accordance with the conditions and limitations stated in this grant of 

exemption, are hereinafter referred to as the operating documents. The operating 

documents must be accessible during UAS operations and made available to the 

Administrator upon request. If a discrepancy exists between the conditions and 

limitations in this exemption and the procedures outlined in the operating documents, 
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the conditions and limitations herein take precedence and must be followed. 

Otherwise, the operator must follow the procedures as outlined in its operating 

documents. The operator may update or revise its operating documents. It is the 

operator’s responsibility to track such revisions and present updated and revised 

documents to the Administrator or any law enforcement official upon request. The 

operator must also present updated and revised documents if it petitions for extension 

or amendment to this grant of exemption. If the operator determines that any update 

or revision would affect the basis upon which the FAA granted this exemption, then 

the operator must petition for an amendment to its grant of exemption. The FAA’s 

UAS Integration Office (AFS−80) may be contacted if questions arise regarding 

updates or revisions to the operating documents.

8. Any UAS that has undergone maintenance or alterations that affect the UAS operation 

or flight characteristics, e.g., replacement of a flight critical component, must undergo 

a functional test flight prior to conducting further operations under this exemption. 

Functional test flights may only be conducted by a PIC with a VO and must remain at 

least 500 feet from other people. The functional test flight must be conducted in such 

a manner so as to not pose an undue hazard to persons and property.

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is 

in a condition for safe operation.

10. Prior to each flight, the PIC must conduct a pre-flight inspection and determine the 

UAS is in a condition for safe flight. The pre-flight inspection must account for all 

potential discrepancies, e.g., inoperable components, items, or equipment. If the 

inspection reveals a condition that affects the safe operation of the UAS, the aircraft is 

prohibited from operating until the necessary maintenance has been performed and the 

UAS is found to be in a condition for safe flight.

11. The operator must follow the UAS manufacturer’s maintenance, overhaul, 

replacement, inspection, and life limit requirements for the aircraft and 

aircraft components.

12. Each UAS operated under this exemption must comply with all manufacturer 

safety bulletins.

13. Under this grant of exemption, a PIC must hold either an airline transport, 

commercial, private, recreational, or sport pilot certificate. The PIC must also hold a 

current FAA airman medical certificate or a valid U.S. driver’s license issued by a 

state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal 

government. The PIC must also meet the flight review requirements specified in 

14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.
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14. The operator may not permit any PIC to operate unless the PIC demonstrates the 

ability to safely operate the UAS in a manner consistent with how the UAS will be 

operated under this exemption, including evasive and emergency maneuvers and 

maintaining appropriate distances from persons, vessels, vehicles and structures. PIC 

qualification flight hours and currency must be logged in a manner consistent with 

14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs 

(training, proficiency, and experience-building) and determining the PIC’s ability to 

safely operate the UAS in a manner consistent with how the UAS will be operated 

under this exemption are permitted under the terms of this exemption. However, 

training operations may only be conducted during dedicated training sessions. During 

training, proficiency, and experience-building flights, all persons not essential for 

flight operations are considered nonparticipants, and the PIC must operate the UA 

with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119.

15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All 

operations must be conducted under visual meteorological conditions (VMC). Flights 

under special visual flight rules (SVFR) are not authorized.

16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as 

denoted in the current FAA Airport/Facility Directory (AFD) or for airports not 

denoted with an ARP, the center of the airport symbol as denoted on the current 

FAA-published aeronautical chart, unless a letter of agreement with that airport’s 

management is obtained or otherwise permitted by a COA issued to the exemption 

holder. The letter of agreement with the airport management must be made available 

to the Administrator or any law enforcement official upon request.

17. The UA may not be operated less than 500 feet below or less than 2,000 feet 

horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.

18. If the UAS loses communications or loses its GPS signal, the UA must return to a 

pre-determined location within the private or controlled-access property.

19. The PIC must abort the flight in the event of unpredicted obstacles or emergencies.

20. The PIC is prohibited from beginning a flight unless (considering wind and forecast 

weather conditions) there is enough available power for the UA to conduct the 

intended operation and to operate after that for at least 5 minutes or with the reserve 

power recommended by the manufacturer if greater.

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All 

operations shall be conducted in accordance with an ATO-issued COA. The 

exemption holder may apply for a new or amended COA if it intends to conduct 

operations that cannot be conducted under the terms of the enclosed COA.
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22. All aircraft operated in accordance with this exemption must be identified by serial 

number, registered in accordance with 14 CFR part 47, and have identification 

(N−Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must 

be as large as practicable.

23. Documents used by the operator to ensure the safe operation and flight of the UAS and 

any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the 

PIC at the Ground Control Station of the UAS any time the aircraft is operating. 

These documents must be made available to the Administrator or any law enforcement 

official upon request.

24. The UA must remain clear and give way to all manned aviation operations and 

activities at all times. 

25. The UAS may not be operated by the PIC from any moving device or vehicle. 

26. All Flight operations must be conducted at least 500 feet from all nonparticipating 

persons, vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons 

from the UA and/or debris in the event of an accident. The operator must ensure 

that nonparticipating persons remain under such protection. If a situation arises 

where nonparticipating persons leave such protection and are within 500 feet of 

the UA, flight operations must cease immediately in a manner ensuring the safety 

of nonparticipating persons; and

b. The owner/controller of any vessels, vehicles or structures has granted permission 

for operating closer to those objects and the PIC has made a safety assessment of 

the risk of operating closer to those objects and determined that it does not 

present an undue hazard.

The PIC, VO, operator trainees or essential persons are not considered 

nonparticipating persons under this exemption.

27. All operations shall be conducted over private or controlled-access property with 

permission from the property owner/controller or authorized representative. 

Permission from property owner/controller or authorized representative will be 

obtained for each flight to be conducted.

28. Any incident, accident, or flight operation that transgresses the lateral or vertical 

boundaries of the operational area as defined by the applicable COA must be reported 

to the FAA's UAS Integration Office (AFS−80) within 24 hours. Accidents must be 

reported to the National Transportation Safety Board (NTSB) per instructions 

contained on the NTSB Web site: www.ntsb.gov.
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If this exemption permits operations for the purpose of closed-set motion picture and 

television filming and production, the following additional conditions and limitations apply.

29. The operator must have a motion picture and television operations manual (MPTOM) 

as documented in this grant of exemption.

30. At least 3 days before aerial filming, the operator of the UAS affected by this 

exemption must submit a written Plan of Activities to the local Flight Standards 

District Office (FSDO) with jurisdiction over the area of proposed filming. The 3-day 

notification may be waived with the concurrence of the FSDO. The plan of activities 

must include at least the following:

a. Dates and times for all flights;

b. Name and phone number of the operator for the UAS aerial filming conducted 

under this grant of exemption;

c. Name and phone number of the person responsible for the on-scene operation of 

the UAS;

d. Make, model, and serial or N−Number of UAS to be used;

e. Name and certificate number of UAS PICs involved in the aerial filming;

f. A statement that the operator has obtained permission from property owners 

and/or local officials to conduct the filming production event; the list of those 

who gave permission must be made available to the inspector upon request;

g. Signature of exemption holder or representative; and

h. A description of the flight activity, including maps or diagrams of any area, city, 

town, county, and/or state over which filming will be conducted and the altitudes 

essential to accomplish the operation.

31. Flight operations may be conducted closer than 500 feet from participating persons 

consenting to be involved and necessary for the filming production, as specified in the 

exemption holder’s MPTOM.

Unless otherwise specified in this grant of exemption, the UAS, the UAS PIC, and the UAS 

operations must comply with all applicable parts of 14 CFR including, but not limited to, 

parts 45, 47, 61, and 91.
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This exemption terminates on October 31, 2017, unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan

Director, Flight Standards Service

Enclosure
June 9, 2015 

U. S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave, SE 

Washington, DC 2050 

Re: Exemption Request Pursuant to Section 333 of the FAA Reform Act and Part 11 of the 

Federal Aviation Regulations from:

14 CFR Part 61.113(a); 

14 CRF PArt 91.7(a); 91.119; 91.121; 91.151(b); 91.405(a); 91.407(a)(1); 91.409(a)(1) 

and (2); 91.417(a) and (b). 

Dear Madam/Sir, 

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

Act”) and 14 C.F.R. Part 11, Blue Sky Consulting/Aerial Survey Inc. is applying for an 

exemption from the Federal Aviation Regulations (“FARs”) to allow commercial operation of 

its Unmanned Aircraft Systems (“UAS”). 

I Gordon Hutton, owner of Blue Sky Consulting/Aerial Survey am a FAA licensed , ATP 

RotorCraft/Airplane Instrument pilot of over 17,000 accident/incident free PIC hours in 

MD11, B737, CL-65, SF-340, LR-31, B-200, B214ST, B412, B212, AS350B, and B206. I was 

also a Check Airman in the CL-65. I will be the primary PIC of the Inspire I.

Blue Sky Consulting/Aerial Survey is based in Fort Myers Florida. Blue Sky strives to provide 

the absolute best aerial survey experience, in doing this, capturing quality images, videos 

from country clubs, boats, and real-estate is important and valuable to the advertising 

process. In the past, aerial photography has been obtained for projects by the use of a 

single engine helicopters or airplanes with a pilot and a photographer. This form of aerial 

photography has benefited the advertising process in many ways; however, to take aerial 

photography to the next level, Blue Sky is procuring the use of UAS. The transition from 

manned aircraft-aerial photography to the UAS photography and videography for data 

collection has been a well thought-out decision for Blue Sky. 

In the advertising industry, it is important to capture aerial images and videos. This data 

will be obtained more effectively and safely from a UAS than it would be with the traditional 

manned aircraft. Initial site surveying, site logistics planning, progress inspections, thermal 

imaging and pre and post construction completion , boat and home photography videos are 

some of the main uses for the UAS By Blue Sky. Blue Sky is requesting this exemption to 

permit operations of its UAS under controlled conditions within the National Airspace 

System, which will be 1) site specific, 2) pre-planned, 3) access controlled, and 4) will 

provide a greater level of safety, which is already a high priority and best practice with all 

tasks that are performed by Blue Sky. Therefore, an approval of this exemption by the FAA 

would provide a greater level of safety and reduce the risks associated with these activities 

on the above listed activities. As such, the use of UAS is in the public interest. 

I. The contact information of the applicant is: 

Blue Sky Consulting/Aerial Survey

11991 Hidden Links Drive

Fort Myers, Florida 33913

Gordon Hutton

Phone: 503-551-7009 

Email: md11flier@aoal.com
II. The specific sections of Title 14 of the Code of Federal Regulations from which Blue Sky 

requests exemption are: 

14 CFR 61.113(a) 

14 CFR 91.7(a) 

14 CFR 91.119 

14 CFR 91.121 

14 CFR 91.151(b) 

14 CFR 91.405(a) 

14 CFR 91.407(a)(1) 

14 CFR 91.409(a)(1) and (2) 

14 CFR 91.417(a) and (b) 

III. Aircraft, Increased Level of Safety & the Public Benefit: 

The UAS, which will be operated by Blue Sky, weighs less than 10 pounds, including all 

equipment as indicated in the attached manual. The UAS can be maneuvered vertically and 

horizontally at the same time and hover in place. Specifically, the UAS that Blue SKy intends 

to use is the Inspire 1 manufactured by DJI. The provided supporting documentation 

includes the user manual, safety guidelines and quick-start guide for this model of UAS. As 

a requirement for compliance, all documentation and relevant manual materials for the 

flight and sUAS will be kept in an accessible location that will be available to the PIC at all 

times. As determined in a previous Grant of Exemption, relief from 14 CFR Section 91.9(b) 

(2) and 91.203(a) and (b) is not required. 

As indicated within the user manual and to increase the safety of all personnel within the 

site, the UAS is equipped with the use of GPS and motion sensors which can bring the 

unmanned aircraft back to the ground safely upon command, during low battery levels, and 

loss of communications or GPS signal. Additionally, if there are any unexpected obstacles or 

emergencies that come up during the flight, the UAS will be capable of aborting the flight. 

Furthermore, as required by 14 CFR Section 45.29(f), and due to the small size of the 

unmanned aircraft, the UAS will have identifiable markings that will be as large as 

practicable on the largest surface available.

If the submitted exemption is approved, Blue Sky intends to utilize the UAS as previously 

stated above with the following conditions and limitations: 

1. Aircraft will weigh less than 55 pounds. 

2. Unless prior written approval is provided, all UAS flights will be at or below 200 feet AGL. 

3. Operations will occur during daytime Visual Flight Rules (VFR) conditions, from sunrise to 

sunset. 

4. Maximum total flight time for each flight shall be no more than 18 minutes or flights will 

be terminated at 15% battery power reserve or when low battery level indications are 

present as indicated in the user manual and safety guidelines. 

5. The UAS Pilot will have at least a Private Pilot Certificate and a current 3rd Class Medical 

Certificate. 

6. At a minimum, the crew for the UAS will include the pilot and an observer trained by the 

pilot. 

7. All flights will be within Visual Line of Sight (VLOS) of the pilot and/or visual observer. 

8. The UAS will remain close enough to the operator/pilot for the operator to be capable of 

seeing the aircraft with vision unaided by any device other than corrective lenses. 

9. The UAS Pilot will be the Pilot In Command (PIC). 

10. The UAS will only operate within the designated area as discussed and planned during 

the pre-flight briefing. 
11. During UAS operations within 10 nautical miles (NM) of an airport, the closest air traffic 

radio frequency channel will be monitored for air traffic via a hand held aviation radio. 

12. With operations within 5 NM of an air traffic control tower, the airport operator or air 

traffic controller will be notified and clearance accepted prior to operations, and a NOTAM 

filed.

13. A pre-flight briefing will be conducted prior to each UAS flight. All personnel involved in 

the flight are required to be present during this briefing. 

14. Prior to each flight, a pre-flight inspection will be conducted as per the pre-flight 

checklist provided within the Inspire 1 User Manual. 

15. The UAS will not operate directly over any persons not directly involved in the 

operation. 

16. The UAS PIC will obtain the consent of all personnel onsite and within the area and 

perimeter of the site in which the sUAS will be operating above. 

17. Property owners’ approval will be obtained prior to UAS operations on each site. 

18. The pilot and observer will be trained in the operation of UAS generally and received upto-date information on the specific sUAS that is being operated. 

19. At all times voice communications between the observer and the pilot will be 

maintained. 

20. All required permissions and permits will be obtained from territorial, state, county, or 

city jurisdictions, including local law enforcement, fire, or other appropriate government 

agencies. 

14 CFR 61.113 (a): Private Pilots Privileges and Limitations: Pilot in Command. 

Section 61.113 (a) limits private pilots to non-commercial operations. Although, these 

flights will be operating an aircraft for compensation or hire, but the UAS will not physically 

carry a pilot or any passengers. Therefore, the proposed flight operations can achieve a 

level of safety that is equal to manned aircraft operations, provided that the PIC operating 

the aircraft holds at least a Private Pilot Certificate, in lieu of having a commercial pilot 

Certificate. In order to achieve a higher level of safety for all personnel involved in the 

operations of the sUAS, Blue Sky will require that the PIC operating the UAS have at least 

100 hours of total flight time experience and hold, at least a Private Pilot Certificate. There 

is a greater level of safety and reduced level of risk, with not only the UAS crew, but all 

personnel and construction inspectors involved in the project. The level of safety that is 

provided by the UAS exceeds that of a single individual with a commercial pilot certificate 

while PIC of a manned aircraft flight. The level of risk associated with the UAS is far lower 

than could be achieved on the commercial operations of a manned aircraft. Therefore, 

allowing commercial operations of UAS as requested with a Private Pilot as PIC will surpass 

the current level of safety provided by 14 CFR Section 61.113(a). 

14 CFR 91.7(a): Civil Aircraft Airworthiness. 

This regulation section requires that the aircraft be in an airworthy condition prior to flight. 

Although, a UAS is not required to have an airworthiness certificate, the PIC will operate the 

UAS and comply with all user manuals and operating documents to ensure that the aircraft 

and all aircraft systems are in an airworthy condition prior to each flight. The PIC will 

perform the required pre-flight inspection with the pre-flight checklist as provided in the 

sUAS user manual, which will provide an equivalent level of safety. 

14 CFR 91.119: Minimum safe altitudes. 

Section 91.119 provides the requirements for safe altitudes for civil aircraft operations. 

Section 91.119(d) (1) allows the operations of helicopters below the minimum altitudes 

described under parts (b) and (c). As this exemption request is for the UAS which is a 

“quad-copter” (4 rotor type) unmanned aircraft, similar to a helicopter, an equivalent level 
of safety will be provided. Based on the operating conditions and limitations for the UAS, all 

essential and non-essential personnel and property on the surface will not be exposed to 

any hazards due to an emergency or power failure as per part (a). Altitudes will be limited 

to no more than 200 AGL, which will require an exemption from parts (b) and (c). Currently 

there are manned rotor-crafts that operate at altitudes less than the 500 AGL, with more 

hazardous materials and on a larger scale than unmanned aircraft have. Therefore, this will 

reduce the risk of flights at lower altitudes with less weight and no flammable materials 

which will not pose a high risk to people or property on the surface. No flight will begin 

without the prior approval of the property owners and/or local officials. Due to the short 

periods of operations being limited to 20 minutes or less, and limited to confined areas while 

maintaining visual line of site, an equivalent level of safety will be provided. 

As stated within the UAS list of conditions and limitations, if flight operations plan to take 

place within class B, C or D airspace and within 5 NM of an air traffic control tower, the 

airport operator or air traffic controller will be notified and clearance provided prior to 

operations. As an added safety precaution, the closest aviation radio frequency will be 

monitored for any air traffic in the area by the use of a handheld aviation radio. The air 

traffic controller will be aware of the UAS operations and the PIC will be aware of any air 

traffic within the area. This will benefit the public and any pilots of manned aircraft above by 

the PIC ensuring that there are no other aircraft in the area prior to visual confirmation. The 

use of the handheld aviation radio will greatly reduce the risk and provide a greater level of 

safety. Furthermore, the low altitude operations will ensure separation from the sUAS and 

any conventionally manned aircraft operations that will comply with this regulation. 

14 CFR 91.121: Altimeter Settings: 

This section requires that “each person operating an aircraft shall maintain the cruising 

altitude... by reference to an altimeter that is set... [at] the elevation of the departure airport 

or an appropriate altimeter setting available before departure.” An exemption may be 

required, because the UAS provide the PIC with the altitude reading on the remote 

controller, from a GPS signal on the UAS. An equivalent level of safety can be achieved by 

the PIC by ensuring the correct altitude is provided during the pre-flight checks prior to 

each flight while on the ground. 

14 CFR 91.151(b): Fuel Requirements for Flight in VFR Conditions: 

For this regulation, all flights in a rotorcraft, during the day require an additional 20 minutes

of fuel for each flight. However, similar to rotor-crafts, the particular unmanned aircraft that 

Blue Sky uses has a total flight time of approximately 18 minutes as indicated in the user 

manual. With this total flight time, it is impossible to have 20 minutes of additional fight 

time beyond the planned flight time. An equivalent level of safety will be provided because 

the Inspire 1 has an emergency feature equipped which will automatically return to the 

departure location upon reaching low battery power levels. At low battery levels there are 

several alerts to notify the Pilot that the UAS has a low battery. During a low battery level 

warning, the aircraft status indicator will blink red slowly which is notifying the Pilot to 

return the aircraft to the home position. If, after 10 seconds the Pilot does not begin to 

return the aircraft to the home position the aircraft will automatically return to the home 

position and land while the remote is sounding an alarm. By maintaining visual line of sight 

with the UAS the aircraft will always be in close proximity to the home position. Although 

the UAS is equipped with the automatic low battery settings, there is a battery level 

percentage indicator on the remote. If the battery level indicator reaches 15% or the flight 

time is 15 minutes (whichever occurs first) the PIC will start to return to the home position. 

With these features incorporated within the sUAS and the standards set in the conditions 

and limitations herein, an equivalent level of safety can be provided for this requested 

exemption. 
14 CFR Subpart E: 91.405(a); 407(a)(1); 409(a)(1) and (2); 417(a) and (b): Maintenance, 

Preventive Maintenance, Inspections and Maintenance Records. 

These regulations require the aircraft owner or operator to have the aircraft inspected and 

maintained “...in accordance with part 43 of this chapter.” 

It is understood that these regulation sections apply to aircraft that hold an airworthiness 

certificate, therefore the above mentioned sections will not apply to the operations of the 

UAS. The operator of the UAS will perform all required and periodic maintenance as 

indicated within the user manual and any supporting documents included with the UAS 

being used. Due to the small scale of the unmanned aircraft systems and specific area of 

operations, this can be achieved by the operator, and an equivalent level of safety will be 

provided. In the event that any extensive mechanical repairs are required, these tasks will 

be perfumed by the aircraft manufacturer if needed. During any flight, if mechanical failures 

occur, the UAS will immediately terminate the flight and return to land. As indicated 

previously, pre-flight inspections will take place prior to all flight operation to verify all 

systems and equipment are functioning properly. Any maintenance performed by the 

operator will be logged appropriately for documentation. Overall, to provide an equal level 

of safety, the aircraft will be maintained in an airworthy condition by the operator, which is 

most familiar with the aircraft.

IV. Summary: 

Pursuant to 14 CFR Part 11, the following is a summary to be provided for publication in the 

Federal Register if needed: 

Blue Sky is seeking an exemption from the following regulations: 

14 CFR Part 61.113(a); 91.7(a); 91.119; 91.121; 91.151(b); 91.405(a); 91.407(a)(1); 

91.409(a)(1) and (2); 91.417(a) and (b) for the commercial operation of its small 

Unmanned Aircraft Systems (55lbs or less) for arial site imaging, inspections, boat, home 

photography and event photography. 

The approval of exemptions to allow commercial operations of UASs in the above mentioned 

areas will greatly enhance safety and reduce risks associated with these activities in the 

past. The conventional methods included the use of manned aircraft or rotorcraft, which 

pose a greater risk to personnel involved. By the use of the UAS that will carry no 

passengers or crew, this will eliminate the majority of the risks associated with these tasks. 

The operation of the sUAS that will be conducted in the specific conditions listed above will 

provide a greater than or equal level of safety supporting the grant of the Part 21 and 

allowing commercial operations. The lightweight Unmanned Aircrafts operate at low speeds, 

generally close to ground level, and always being monitored with line of sight operations, as 

a result, they are far safer than the conventional methods with manned single engine 

aircraft or rotorcraft that are just as close to ground level. 

V. Privacy & Public Acknowledgement: 

As indicated above, all UAS operations will occur after receiving prior approval and 

authorization from the property owners of the area in which the operations are being 

conducted within. 

Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012—size, weight, 

speed, operating characteristics, operations within visual line of sight, and the use of radio 

communications will provide considerable justification to grant the requested exemptions 

and allow commercial operations of the applicant’s UAS for use in the construction industry. 
Regards,

Blue Sky Consulting/Arial Survey

11991 Hidden Links Drive,

Fort Myers, Florida, 33913

Phone: 503 551 7009

APPENDIX – A

GLOSSARY OF ABBREVIATIONS

AGL Above Ground Level

AOI Area of Interest

ATC Air Traffic Control

ATO Air Traffic Organization

AV Aerial Vehicle

CFR Code of Federal Regulations

COA Certificate of Authorization

FAA Federal Aviation Administration

FAR Federal Aviation Regulation

GCS Ground Control Station

GPS Global Positioning System

LOL Loss of Link

NAS National Airspace System

NOTAM Notice to Airman

PIC Pilot In Command

Section 333 FAA Modernization and Reform Act of 2012 (FMRA) Section 333

SO Safety Observer

SOP Standard Operating Procedures

UA Unmanned Aircraft

UAS Unmanned Aircraft System

VFR Visual Flight Rules

VLOS Visual Line of Site

VMC Visual Meteorological Conditions

VTOL Vertical Takeoff and Landing

APPENDIX-B

Inspire 1 User Manual