August	11, 2015	

United	States	Department	of	Transportation, Docket	Management	System	

1200	New	Jersey	Ave.,	SE	

West	Building	Ground	Floor	Room	W12-140	

Washington,	DC	20590	

Re:	Exemption	Request	Pursuant	To	Section	333	of	the	FAA	Reform	Act	of	2012	

Dear	Sir	or	Madam:	

I	am	writing	pursuant	to	the	FAA	Modernization	and	Reform	Act	of	2012	(	the	“Reform	

Act”)	and	the	procedures	contained	in	14	C.F.R.	11,	to	request	that	Blue	Monarch	

Studios,	owned	and	operated	by	Jose	“Chema”	Domenech	and	as	owners	and	operators

of	small	unmanned	aircraft	be	exempted	from	the	Federal	Aviation	Regulations	(“FARs”)	

listed	below	so	that	Blue	Monarch	Studios	may	operate	its	small	unmanned	

aircraft/lightweight	unmanned	aircraft	systems	)”UAS”)	commercially	in	airspace	

regulated	by	the Federal	Aviation	Administration	(“FAA”).	

Primary	uses	will	be	low	altitude	aerial	photography	for	use	on	websites,	print	pieces	

and	video	for	client	use.	

Mr.	Domenech	has	operated	his	current	UAS	on	many	occasions	without	incident.	The	

UAS	utilizes	battery	power,	not	combustible	fuels.	Flight	time	ranges	between	five	and	

twenty	minutes.	The	UAS	has	GPS	functionality	to	hover	in	place	as	well	as	a	return	to	

home	function	in	case	of	loss	of	contact	with	the	radio.	It	has	an	audible	and	visual	

warning	system	and	will	start	to	descend	slowly	if	battery	power	reaches	25%.	The	

failsafe	software	will	disable	the	UAS	from	taking	off	and	also	limit	the	UAS	system	from	

operating	within	specific	GPS	preset	no-fly	zones.

Blue	Monarch	Studios	exemption	request	would	permit	its	operation	of	lightweight,	

unmanned	(piloted	by	remote	control)	and	comparatively	inexpensive	UASs	in	tightly	

controlled	and	limited	airspace.	Currently,	similar	lightweight,	remote	controlled	UASs	

are	legally	operated	by	amateurs	with	no	flight	experience,	safety	plan	or	controls	in	

place	to	prevent	catastrophe.	It	is	only	logical	to	allow	Mr.	Domenech,	experienced	

remote	control	pilot,	to	operate	similar	lightweight	UASs.	This	will	act	to	further	safety	

protocols	specific	to	lightweight	UASs	as	Blue	Monarch	Studios	research	flight	data	and	

other	information	gained	through	permitted	flight	operation.	Granting	this	request	

comports	with	the	Secretary	of	Transportation’s	(FAA	Administrator’s)	responsibilities	to	

not	only	integrate	UASs	into	the	national	airspace	system,	but	to	“...establish	

requirements	for	the	safe	operation	of	such	aircraft	systems(UASs)	in	the	national	

airspace	system”	under	Section	333©	of	the	reform	ACT.	Further,	Blue	Monarch	Studios	

will	conduct	its	operations	in	compliance	with the	protocols	described	herein	or	as	

otherwise	established	by	the	FAA.	
For	the	reasons	stated	below,	Blue	Monarch	Studios	respectfully	request	the	grant	of	an	

exemption	allowing	it	to	operate	lightweight,	remote	controlled	UASs.	

1.	Contact	Information:	

Jose	Domenech

183	Nicoll	St.

New	Haven,	CT	06511

Tel.:	(956)	324	0603	e-mail:	chema@bluemonarchstudios.com	

2.	The	Specific	Sections	of	Title	14	of	the	Code	of	Federal	Regulations	from	Which	We	

Request	Exemption	is:	14CFR	21:	14	C.F.R.	45.23	(b):	

14	CFR 61m113	(a)	&	(b):	14	C.F.R.	91,	et	seq.:	14	CFR	407	(a)	(1):	14	CFR	409	(a)	(2):	

14	CFR	417	(a)	&	(b).	U.S	Dep’t	of	Trans.	

3.	The	Extent	of	Relief	Blue	Monarch	Studios	Seeks	and	the	Reason	It	Seeks	Such	

Relief:	

Blue	Monarch	Studios	submits	this	application	in	accordance	with	the	Reform	Act,	112	

P.L.	95§§	331-334,	seeking	relief	from	any	currently	applicable	FARs	operating	in	

cinematic,	research	and	other	flight	operations	within	the	national	airspace	system.	The	

Reform	Act	in	Section	332	provides	for	such	integration	of	civil	unmanned	aircraft	

systems	into	our	National	airspace	system	as	it	is	in	the	public’s	interest	to	do	so.	Our	

lightweight	UAS	meets	the	definition	of	“small	unmanned	aircraft”	as	defined	in	Section	

331	and	therefore	the	integration	of our	lightweight	UAS	is	expressly	contemplated	by	

the	Reform	Act.	We would	like	to	operate	our	lightweight	UAS	prior	to	the	time	period	

by	which	the	Reform	Act	requires	the	FAA	to	promulgate	rules	governing	such	craft.	

The	Reform	Act	guides	the	Secretary	in	determining	the	types	of	UASs	that	may	operate	

Safely	in	our	national	airspace	system.	Considerations	include:	

•	The	weight,	size,	speed	and	overall	capabilities	of	the	UAS:	•	Whether	the	UAS	will	be	

operated	near	airports	or	populated	areas:	and,	•	Whether	the	UAS	will	be	operated	by	

line	of	sight.	

112	P.L.	95	§	333	(a).	Each	of	these	items	militates	in	favor	of	an	exemption	for	Blue	

Monarch	Studios.	

Our	UAS	utilize	four	or	8	counter-rotating	propellers	for	extreme	balance,	control	and	

stability.	They	weigh	from	5	to	22	pounds,	including	battery	and	all	equipment.	This	

small	unmanned	aircraft	is	designed	to	primarily	hover	in	place	and	operate	at	less	than	

a	50	knot	maximum	speed.	It	is	capable	of	vertical	and	horizontal	operation	but	operate	

only	within	the	line	of	sight	of	the	remote	control	pilot.	In	addition	to	the	remote	
control	pilot,	in	most	cases	we	use	a	spotter,	such	that,	people	govern	the	safe	flight	of	

the	aircraft.	

Utilizing	battery	power	and	not	combustible	fuels,	flights	generally	last	between	five	and	

twenty	minutes.	We	do	not	operate	the	UAS	with	less	than	twenty	five	percent	battery	

capacity.	Safety	systems	in	place	include	a	GPS	mode	that	allows	the	UAS	to	hover	in	

place	or	return	to	takeoff	location	if	communication	with	the	radio	control	pilot	is	lost	

and	then	slowly	descend	the	UAS	at	twenty	five	percent	battery	capacity.	We	generally	

do	not	operate	the	UAS	near	airports	or	near	populated	areas.	

Our	operation	of	this	small	unmanned	aircraft	will	not	“create	a	hazard	to	users	of	the	

national	airspace	system	or	the	public.”	112	P.L.	95	§	333	(b).	Given	the	small	size	and	

weight	of	the	UAS,	combined	with	its	operation	in	cordoned	off	and	well-controlled	

areas,	this	falls	within	Congress’s	contemplated	safety	zone	when	it	promulgated	the	

Reform	Act	and	the	corresponding	directive	to	integrate	UASs	into	the	national	airspace	

system.	Indeed,	our	UAS	will	not	pose	any	threat	to	the	general	public	or	national	

security.	

The	FAA	has	the	authority	to	issue	the	exemption	sought	by	Blue	Monarch	Studios	

pursuant	to	the	Federal	Aviation	Act,	85	P.L.	726	(1958),	as	amended	(the	“Act”).	

4.	How	this	Request	Will	Benefit	the	Public	As	A	Whole:	

Granting	this	exemption	request	furthers	the	public	interest.	Congress	has	already	

pronounced	that	it	is	in	the	public’s	interest	to	integrate	commercially	flown	UASs	into	

the	national	airspace	system,	hence	the	passing	of	the	Reform	Act.	Blue	Monarch	

Studios	conduct	research	into	safe	UAS	operations	every	time	it	flies	its	UAS.	Flight	data,	

visual	inspections,	recorded	observations	and	flight	analyses	are	compiled	to	further	

enhance	current	safety	protocols.	Allowing	us	to	log	more	flight	time	directly	relates	to	

our	research	and	our	ability	to	further	enhance	current	safety	measures.	Furthermore,	

the	public	has	an	interest	in	reducing	the	danger	and	emission	associated	with	current	

aerial	cinematic	capture	methods,	namely,	full	size	helicopters.	Our	UAS	is	battery	

powered	and	creates	no	emissions.	If	our	UAS	crashes	there	is	no	fuel	to	ignite	and	

explode.	The	impact	of	our	lightweight	UAS	is	negligible	when	compared	to	a full	size	

helicopter,	notwithstanding	the	statistically	noteworthy	safety	record	of	full	size	

helicopters	used	in	motion	picture	capture.	The	public’s	interest	is	furthered	by	

minimizing	ecological	and	crash	impacts	by	permitting	photo	and	motion	picture	

capture	through	our	lightweight	UAS.	

Progression	of	the	arts	and	sciences	has	been	fundamental	to	our	society	since	its	

inclusion	in	the	United	States	Constitution.	Congress	mandated	the	integration	of	UASs	

into	our	national	airspace	system,	in	part,	to	achieve	progression	in	this	noteworthy	and	

inevitable	field.	Permitting	Blue	Monarch	Studios	to	immediately	fly	within	the	United	

States	furthers	these	goals.	Whether	it	is	the	amalgam	of	scientific	discoveries	

applicable	to	feature	film	making	(including	those	drawing	upon	architecture,	physics,	
engineering	and	cultural	inclusiveness)	to	advancements	in	publicly	usable	technologies	

or	advancements	in	equipment	available	to	law	enforcement	personnel,	first	responders	

that	does	not	cost	millions	of	dollars,	granting	this	exemption	request	substantially	

furthers	the	public’s	interest	in	ways	known	and	currently	unknown.	

Granting	this	request	will	also	allow	small	business	owners	and	home	owners	to	be	able	

to	afford	high	quality	aerial	images	and	video	that	they	would	otherwise	have	no	access	

to	due	to	several	factors,	cost	being	the	biggest.	

5.	Reasons	Why	Blue	Monarch	Studios	Exemption	Will	Not	Adversely	Affect	Safety	Or	

How	The	Exemption	Will	Provide	a	Level	of	Safety	At	Least	Equal	To	Existing	Rule:	

This	exemption	will	not	adversely	affect	safety.	Quite	the	contrary,	for	the	reasons	

stated	previously,	permitting	Blue	Monarch	Studios	to	log	more	flight	time	in	FAA	

controlled	airspace	will	allow	us	to	innovate	and	implement	new	and	novel,	as	of	yet	

undiscovered	safety	protocols.	In	addition,	we	submit	the	following	representations	of	

enhancements	to	current	aerial	photo	and	motion	picture	capture	techniques:	

•	Our	UAS	weighs	less	than	50	pounds	complete	with	all	mounted	equipment	and	

battery

•	We	only	operate our	UAS	below	400	feet:

•	Our	UAS	only	operates	for	5-20	minutes	per	flight:	

•	We	land	our	UAS	when	it	reaches	25%	battery	power:	

•	Our	remote	control	pilot	operates	the	UAS	by	line	of	sight:	

•	Our	remote	control	pilot	has	video	backup	should	he	somehow	lose	sight	of	the	UAS:	

•	Our	UAS	has	GPS	flight	modes	whereby	it	hovers,	returns	to	takeoff	position	and	then	

Slowly	lands	if	communication	with	the	remote	control	pilot	is	lost	or	battery	power	Is	

below	25%:	

•	We	actively	analyze	electronic	flight	data	and	other	sources	of	information	to	

constantly	Update	and	enhance	safety	protocols:	

•	We	conduct	extensive	briefings	prior	to	flight	during	which	safety	carries	primary	

importance:	

•	We	have	procedures	in	place	to	abort	flights	in	the	event	of	safety	breaches	or	

potential	Danger.	

Our	safety	protocols	provide	a	level	of	safety	at	least	equal	to	existing	rules	and	in	

nearly	every	instance	greater	than	existing	rules.	It	is	important	to	note	that	absent	the	
integration	of	commercial	UASs	into	our	national	airspace	system,	helicopters	are	the	

primary	means	of	aerial	motion	picture	capture.	While	the	safety	record	of	such	

helicopters	is	remarkably	astounding,	it	is	far	safer	to	operate	a	battery	powered	

lightweight	UAS.	The	potential	loss	of	life	is	diminished	because	UASs	carry	no	people	on	

board.	There	is	no	fuel	on	board	a	UAS	and	thus	the	potential	for	fire	or	explosions	is	

greatly	diminished.	The	small	size	and	extreme	maneuverability	of	our	UAS	allows	our	

remote	control	pilot	to	avoid	hazards.	Given	their	small	size	and	weight,	even	when	

close	enough	to	capture	amazing	images,	our	UAS	needs	not	be	so	close	to	the	objects	it	

is	focused	on.	Accordingly,	our	UAS	has	operated	and	will	continue	to	operate	at	and	

above	current	safety	levels.	

6.	Summary:	

A.	14	C.F.R.	21	and	14	C>F>R>	91:	Airworthiness	certificates	and	Manuals.	

14	C.F.R.	21,	Subpart	H,	entitled	Airworthiness	Certificates,	sets	forth	requirements	for	

procurement	of	necessary	airworthiness	certificates	in	relation	to	FAR	§	91.203(a)(1).	

The	size,	weight	and	enclosed	operational	area	of	Blue	Monarch	Studios	UAS	permits	

exemption	from	Part	21	because	Blue	Monarch	Studios	UAS	meets	an	equivalent	level	

of	safety	pursuant	to	Section333	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	UASs	from	the	airworthiness	certificate	requirement	in	consideration	of	the	

weight,	size	speed,	maneuverability	and	proximity	to	areas	such	as	airports	and	dense	

populations.	Blue	Monarch	Studios	UAS	meets	or	exceeds	each	of	the	elements.	

14	C.F.R.	91.7(a)	prohibits	the	operation	of	an	aircraft	without	an	airworthiness	

certificate.	As	no	such	certificate	will	be applicable	in	the	form	contemplated	by	the	

FARs,	this	Regulation	is	inapplicable.	

14	C.F.R	§	91.9(b)	(2)	requires	an	aircraft	flight	manual	in	the	aircraft.	As	there	are	no	

pilots	or	passengers,	and	given	the	size	of	the	UASs,	this	Regulation	is	inapplicable.	An	

equivalent	level	of	safety	will	be	achieved	by	maintaining	a	manual	at	the	flight	

operations	center.	The	FAA	has	previously	issued	exemptions	to	their	regulation	in	

Exemption	Nos	8607,	8737,	8738,	9299,	9299A,	9565,	9565B,	10167,	10167A,	10602,	

10700	and	32827.	

14C.F.R.	§	91.121	regarding	altimeter	settings	is	inapplicable	insofar	as	Blue	Monarch	

Studios	utilizes	electronic	global	positioning	systems	and	internal	gyroscopes	to	provide	

spatial	coordination.	

14	C.F.R.	§	91.203	(a))	and	(b)	provides for	the	carrying	of	civil	aircraft	certifications	and	

registrations.	They	are	inapplicable	for	the	same	reasons	described	above.	The	

equivalent	level	of	safety	will	be	achieved	by	maintaining	such	certifications	and	

registrations	at	Blue	Monarch	Studios	flight	operations	center.	
B.	14	C.F.R	§	45.23:	Marking	of	the	Aircraft.	

Applicable	Codes	of	Federal	Regulation	require	aircraft	to	be	marked	according	to	

certain	specifications.	Blue	Monarch	Studios	UAS	is,	by	definition,	unmanned.	It	

therefore	does	not	have	a	cabin,	cockpit	or	pilot	station	on	which	to	mark	certain	words	

or	phrases.	Further,	two-inch	lettering	is	difficult	to	place	on	such	small	aircraft.	

Regardless,	Blue	Monarch	Studios	will	mark	its	UAS	in	the	largest	possible	lettering	by	

placing	the	word	“EXPERIMENTAL”	on	its	fuselage	as	required	by	14	C.F.R.	§	45.29(f)	so	

that	the	pilot,	technician,	spotter	and	others	working	with	the	UAS	will	see	the	

markings.	The	FAA	has	previously	issued	exemptions	to	this	regulation	through	

Exemptions	Nos.	8738,	10167,	10167A	and	10700.	

C.	14	C.F.R.	§	61.113:	Private	Pilot	Privileges	and	Limitations:	PIC.	Pursuant	to	14	

C.F.R.§§	61.113	(a)	&	(b)	private	pilots	are	limited	to	non-commercial	operations.	Blue	

Monarch	Studios	can	achieve	an	equivalent	level	of	safety	as	achieved	by	current	

regulations	because	Blue	Monarch	Studios	UAS	do	not	carry	any	pilots	or	passengers.	

Furthermore,	while	helpful,	a	pilot	license	will	not	ensure	remote	control	piloting	skills.	

The	risks	attendant	to	the	operation	of	Blue	Monarch	Studios	UAS	is	far	less	than	the	

risk	levels	inherent	in	the	commercial	activities	outlined	in	14	C.F.R.§	61,	et	seq.	Thus,	

allowing	Blue	Monarch	Studios	to	operate	its	UAS	with	a	private	pilot	as	the	pilot	in	

control	will	exceed	current	safety	levels	in	relation	to	14	C.F.R.	§	61.113	(a)	&	(b).	

D.	14	C.F.R.	91.119:	Minimum	Safe	Altitudes.	

14	C.F.R.	§	91.119	prescribes	safe	altitudes	for	the	operation	of	civil	aircraft.	It	allows	

helicopters	to	be	operated	at	lower	altitudes	in	certain	conditions.	Blue	Monarch	

Studios	will	never	operate	at	an	altitude	greater	than	400	AGL.	Blue	Monarch	Studios	

will,	however,	operate	its	UAS	in	cordoned	off	areas	with	security	perimeters,	providing	

a	level	of	safety	at	least	equivalent	to	those	in	relation	to	minimum	safe	altitudes.	Given	

the	size,	weight,	maneuverability	and	speed	of	Blue	Monarch	Studios	UAS,	an	equivalent	

level	of	safety	will	be	achieved.	

E.	14	C.F.R.	91.405	(a)	(2);	417	(a)	&	(b):	Maintenance	Inspections.	

The	above	cited	Regulations	require,	amongst	other	things,	aircraft	owners	and	

operators	to	“have	aircraft	inspected	as	prescribed	in	subpart	E	of	this	part	and	shall	

between	required	inspection,	except	as	provided	in	paragraph	©	of	this	section,	have	

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

These	Regulations	only	apply	to	aircraft	with	an	airworthiness	certificate.	Therefore,	

they	will	not	apply	to	Blue	Monarch	Studios	should	its	requested	exemption	be	granted.	

Blue	Monarch	Studios	conducts	as	extensive	maintenance	program	that	involves	regular	

software	updates	and	curative	measures	for	any	damaged	hardware.	Therefore,	an	

equivalent	level	of	safety	will	be	achieved.	
F.	Summary	

Blue	Monarch	Studios	seeks	an	exemption	from	the	following	Regulations:	14	C.F.R.	21,	

subpart	H;	14	C.F.R.	45.23(b);	14	C.F.R.	§§	61.113	(a)	&	(b);	14	C.F.R.	§	91.7	(a);	14	C.F.R	

§	91.9	(b)(2);	14	C.F.R.§	91.103(b);	14	C.F.R.§	91.109;	14	C.F.R.	§	91.119;	14	C.F.R.	§	

91.121;	C.F.R.	§	91.151	(a);	14	C.F.R.	§§	91.203(a)	and	(b);	14	C.F.R.	§	91.405	(a);	14	

C.F.R.	§	91.407	(a)	(1);	14	C.F.R.	§	91.409	(a)(2);14	C.F.R.	§	91.409	(a)(2);and	14	C.F.R.§§	

91.417	(a)	&	(b)	to	commercially	operate	its	lightweight	unmanned	aircraft	in	motion	

picture	or	photography	operations	and	to	conduct	its	own	research.	Granting	Blue	

Monarch	Studios	request	for	exemption	will	reduce	current	risk	levels	and	thereby	

enhance	safety.	Currently	motion	picture	image	capture	relies	primarily	on	the	use	of	

larger	aircraft	running	combustible	fuel.	Blue	Monarch	Studios	aircraft	does	not	contain	

potentially	explosive	fuel,	is	smaller,	lighter	and	more	maneuverable	than	conventional	

motion	picture	aircraft.	Blue	Monarch	Studios	operates	at	lower	altitudes	and	in	

controlled	airspace.	Blue	Monarch	Studios	has	been	analyzing	flight	data	and	other	

information	in	compiling	novel	safety	protocols	and	the	implementation	of	a	flight	

operations	manual	that	exceeds	currently	accepted	means	and	methods	of	safe	flight.	

There	are	no	people	on	board	Blue	Monarch	Studios	UAS	and	therefore	the	likelihood	of	

death	or	serious	bodily	injury	is	significantly	limited.	Blue	Monarch	Studios	operation	of	

its	UAS,	weighing	less	than	5	pounds	and	travelling	at	speeds	lower	than	50	knots	in	

cordoned	off	areas	will	provide	at	least	an	equivalent	level	of	safety	as	that	achieved	

under	current	FARs.	

Accordingly,	Blue	Monarch	Studios	respectfully	requests	that	the	FAA	grant	its	

exemption	request	without	delay.	The	FAA	has	the	authority	to	issue	the	exemption	

sought	by	Blue	Monarch	Studios	pursuant	to	the	Federal	Aviation	Act,	85	P.L.	726(1958),	

as	amended	(the	“Act”).	

In	closing,	Blue	Monarch	Studios	would	like	to	state	that	it	would	be	very	easy	to	ignore	

the	FAA	and	operate	a	UAS	commercially	without	applying	for	any	consideration	from	

them.	We	have	seen	and	spoken	with	several	people	who	are	already	doing	so.	We	

hope	the	simple	fact	that	someone	such	as	ourselves	who	operate	a	very	small	business	

and	will	be	operating	a	UAS	on	a	very	small	scale	is	applying	for	this	exemption	shows	

how	serious	we	are	about	safety	and	doing things	properly.	Thank	you	for	your	time	and	

consideration.	

Respectfully	submitted,	

Jose	Domenech

Owner	and	Operator

183	Nicoll	St.

New	Haven,	CT	06511