Jeff Cunningham 

125 CR 1850 

Tupelo, Ms. 38804 

Cell (662) 316-4129 

Fax (662) 844-1975 

Email: bl ueandgraysky@gmail. com 

August 6, 2015 

U.S. Department of Transportation, Docket Operations 

West Building Ground Floor, Room W12-140 

1200 New Jersey Avenue, SE 

Washington, DC 20590 

Dear Sir or Madam: 

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i. 

f!: Ci 

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

Act), I, Jeff Cunningham owner of Blue and Gray Sky Photography, hereby apply for an 

exemption from Federal Aviation Regulations (FARs) detailed below to allow for 

commercial operations of a DJI Inspire 1 Professional four rotor UAS with an attached 

DJI Gimbal Mount holding a 4K UHD Camera for the purpose of aerial photography and 

video for a variety of industries. 

The requested exemption would permit the petitioner to pursue safe, professional, for 

profit services to private and public entities within the state of Mississippi utilizing a 

small unmanned aircraft system (UA) for aerial still and video data capture for, but not 

limited to the following purpose: 

*Real Estate Marketing 

*Agriculture/Crop Inspections 

*Property Video Survey 

*Roof/Bridge inspections 

*PhotoNideography of rural contracted outdoor recreational activities of private and 

public use lands. (Prior Permission/Approval and Coordination only) 

The petitioner is a retired State Highway Patrolman with 30 years of experience in 

public safety and service. Over half of the petitioners career was as a training officer, 

educating and teaching safety. Public safety and compliance to procedures and laws 

are the petitioners number one priority. In addition the petitioner has had many years 

and hours flying RC aircraft, and is familiar with standard operating practices and 

procedures as well as safety attitudes and safety requirements within the UAS aviation 
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industry. The petitioner has not had any incidents during his years of RC flight time that 

resulted in damage to property or injury to any persons. 

As the Reform Act allows the FAA to "establish requirements for the safe operation of 

such aircraft systems in the national airspace system", I Jeff Cunningham's use of the 

Inspire 1 will provide the following benefits and enhance or provide an equivalent level 

of safety. 

1. The Inspire 1 has a maximum takeoff weight of less than 3 pounds and thus offers a 

lightweight, small and compact video platform compared to manned aircraft. 

2. The Inspire 1 offers significant safety, noise, emission, security and environmental 

benefits not available to larger manned aircraft. 

3. The Inspire 1 has numerous safety features such as failsafe mode, automatic return 

home feature should signal between PIC and UAS be interrupted, GPS based altitude 

and distance locks, flight limits function and low battery warnings. We feel that these 

features addressed in more detail below and in the Inspire 1 User Manual provide an 

equivalent level of safety. 

4. Operations utilizing the Inspire 1 will provide benefits to the general public as well 

as serve the public interest by providing the service of aerial photographic images and 

video to numerous businesses and individuals. All of this can be done for considerably 

less than the previously, only available, option of utilizing manned aircraft at an 

equivalent level of safety. 

The Aircraft, Operations and an Equivalent Level of Safety 

1. The safe operation of the UAS will be the first priority before, during, and after every 

operation. 

2. The UAS pilot will have the required Sports Pilot Certificate and will be considered 

the PIC whether flying or supervising and will be responsible for the safe operation of 

the UAS at all times. 

3. The OJI Inspire 1 has a maximum takeoff weight of 2,935 grams (battery included) or 

approximately 6.47 pounds. The dimensions are 438x451x301 mm and a maximum 

speed of 22 meters per second. 

4. The UAS utilizes GPS/GLONASS location and is controlled by a 2.4 GHz transmitter. 

5. All UAS operations will be conducted at Visual line Of Sight (VLOS) at no more 

than 400 feet AGL. 

6. No UAS operations will be conducted within 5 NM of an airport. 

7. No UAS operations shall occur over densely populated areas, large assemblies of 

people, stadiums, government buildings, power lines, or major roads. 

8. All nonparticipating persons shall be a minimum of 500 feet from the UAS. 

9. If a nonparticipating person comes within 500 feet of the UAS, flight operations will 

cease immediately. 
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10. All UAS operations shall take place during daylight hours under conditions 

equivalent to Visual Flight Rules (VFR) with the UAS no more than 3/4 NM from the 

PIC. 

11. All UAS operations will have a PIC and a Visual Observer (VO) present and all 

operations will be within line of sight (LOS) of the PIC and VO. 

12. Airport operators will be notified,if flying within 5 miles of an airport, and the 

operator will yield right of way to avoid flying in the proximity of any aircraft. 

13. All required permits and permissions will be obtained from from the property owner 

or the property owners agents prior to flight. An additional permission, if necessary 

will be sought after by contacting all local and state governments. 

14. A pre-flight inspection by the PIC will be performed prior to each flight to assure that 

the UAS is safe for flight. A post-flight inspection will also be performed as an 

addedlevelofsafety. 

15. Communication between the PIC and VO will be within verbal distance and 

NEVER through text messaging or phone calls on all UAS operations. 

16. At no time shall the UAS be operated with missing or manufacturer unapproved 

parts, or in any condition that could pose a hazard to any other aircraft, structure, or 

person on the ground. 

17. Prior to all UAS operations a pre-flight meeting will be held by the PIC to determine: 

the parameters of flight in a given location, any hazards present, weather 

conditions, safety procedures at the specific location, and approximate duration and 

route of flight. 

18. The PIC will have accumulated and accurately logged a minimum of 25 hours total 

time as a UAS rotorcraft pilot with a minimum of 1 0 hours as a UAS pilot with a 

multi-rotor UAS and 5 hours as a UAS pilot operating the same make and model of 

UAS to be used for operations under the exemption. 

19. The Inspire 1 UAS will utilize GPS/GLONASS location, auto return home, and will 

never be operated at below 20% battery capacity. 

The DJIInspire 1 UAS is a small and safe 6.47 pound plastic and composite 

aircraft utilizing four propellers driven by a 4700 mAh LiPo 6s 22.2 smart battery with a 

MAX flight time of 23 minutes. The remote control/transmitter operates at 2.4 GHz. The 

aircraft's software has been set to FAA regulations of 400' ceiling and recognizes zones 

around airports and forbids flight within 1.5 miles of the center of a type A airport, and 

outside the 1.5 miles up to 5 miles the altitude increase from 35' to 400' in a conical 

fashion. For example: at 1.5 miles out your limit is 35' and at 3.25 Miles from the center 

the max altitude AGL is 217 .5'. The SUAS has a built in capability to limit the height it 

flies above ground, to limit the radius of the distance it flies from the PIC and to exdude 

it from Class 8, C and 0 airspace including a no fly zone feature. This feature is great 

and allows those who wish to take photos with their drone at say 1 0' AGL 2 miles from 

an Airport, they are more than safe in doing so. The UA will not operate in Class 8, C, 

or D airspace without written approval from the FAA. The incorporated FLY SAFE 
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technology also restricts flights in areas deemed not permitted by the FAA, for example 

Washington D.C. The aircraft will automatically return to point of origin or descend in 

place should signal with the transmitter be lost. The UAS is unmanned, operates at low 

altitudes, does not run on combustible fuel, has very low decibel level noise emissions, 

small payload capacity, and short flight time. This significantly reduces current risk 

levels involved with utilizing manned aircraft for aerial photography. Additionally, past 

purchasers of aerial photography have had to contract with manned aircraft operations 

at a significant expense. Blue and Gray Skys UAS operations will provide a public 

benefit in allowing more people to access aerial photography images and video at a 

significantly lower price. Low level oblique photos and video from several angles are far 

more effective than ground based imagery for displaying the characteristics of large, 

complex properties with several buildings and large trees. To add, to that we will 

provide the same services at a greater or equivalent level of safety compared to similar 

manned operations of the liking. 

Additionally, we request that we be allowed to use our system to benefit first 

responders nearby who might require assistance, including fire fighters, the police, the 

sheriffs dept. and the Ms. highway safety patrol, while remaining subject to all 

limitations cited in thius application as we do so. 

It is the applicant's belief that the small size of the Inspire 1 UAS, the basic operating 

parameters outlined above, the specific exemptions discussed below, the fully trained, 

certified and vetted crew, and the equivalent level of safety provided at a much lower 

cost to the general public will persuade the FAA to grant an exemption to Blue and 

Gray Sky (Jeff Cunningham) for commercial UAS aerial photography operations under 

the Reform Act of 2012. 

The exemption requests follow below. The DJIInspire 1 User's Manuals links are as 

follows: 

Quick Start Guide: 

http://download .dji-innovations. com/d 

ownloads/inspire 1 /en/Inspire 1 Qui 

ck Start Guide en.pdf 

User Manual: 

http://download.dji-innovations.com/downloads/inspire 1 /en/Inspire 1 User Manual v 

1.0 en.pdf 
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Conclusion 

As pointed out in this application, the UASs which our company would use, under authorization by 

the US DOT-FAA, are small, lightweight devices operated within the line of sight of the 

Pilot-in-Command (PIC). The devices shall be operated less than 400 feet above the ground and 

outside 5 miles from any airport, heliport, 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. 

Our UAS have proven capability for controlled flight. They are devices offered for general sale on 

the market around the world and have often been used as Model Aircraft in the USA. We are 

certain that the studies conducted until now by the FAA, about Section 332, Public Law 112-95, 

2014, have already provided you with the assurances on the airworthiness of UASs such as ours. 

For the foregoing reasons, the exemptions requested herein should be granted and Blue and 

Gray Sky should be permitted to conduct small UAS operations in accordance with its manuals 

and all other operating parameters deemed necessary and appropriate by the FAA. The 

submission of this application and its contents is the best demonstration that indeed it is possible 

to pursue the authorization process so some UASs may be used for legitimate commerdal 

activities and under reasonably safe conditions. 

ff Cunningham 

Owner, Blue and Gray Sky Photography 

EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY 

Blue and Gray Sky Photography requests relief from the following regulations as well as any 

additional regulations that may technically apply to the operation of Inspire 1 UAS: 

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 

14C.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) 
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14 CFR Part21, Subpart H: Airworthiness Certificates 

This part establishes the procedures for the issuance of an airworthiness certificate. VVhile the 

FAA continues to work to develop airworthiness standards for UAS, we request an experimental 

certificate be issued for the UAS operated by the applicant under either or both of the following 

provisions: 

21.191 Experimental certificates. 

Experimental certificates are issued for the following purposes: 

(a) Research and development. Testing new airaaft design concepts, new airaaft 

equipment, new aircraft installations, new airaaft operating techniques, or new uses 

for airaaft. 

(b) Showing compliance with regulations. Conducting flight tests and other 

operations to show compliance with the airworthiness regulations including flights to 

show compliance for issuance of type and supplemental type certificates, flights to 

substantiate major design changes, and flights to show compliance with the function 

and reliability requirements of the regulations. 

Since the experimental certificate can be used for commercial purposes such as market 

surveys, sales demonstrations, and customer aew training, we would expect that an 

experimental certificate would permit our commercial purpose as well. 

The aircraft will not carry persons or property and will only fly under strict operational 

requirements. As the Inspire 1 UAS also carries no combustible fuel, weighs less than 3 

pounds and is constructed primarily of plastics and composites. We propose the UAS is at 

least as safe, if not signtficantly safer than conventionally certified airaaft used within 

similar parameters. 

If an experimental airworthiness certificate is not appropriate for this application, then we 

request an exemption of 14 CFR Part21, Subpart H, and the requirement for an 

airworthiness certtficate in general, citing the equivalent level of safety outlined in the 

previous paragraph. 

14 CFR 91.203(a) & (b) Civil aircraft: Certifications required. 

The regulation provides that an airworthiness certificate, with the registration number 

assigned to the aircraft and a registration certificate, must be aboard the aircraft. 

Additionally, subparagraph (b) provides that the airworthiness certificate be .. displayed at 

the cabin or cockpit entrance so that it is legible to passengers or crew." 

As the UAS is too small to carry doaJmentation, it does not have an entrance and does 

not carry a crew, we propose the following in order to meet the intent of 91.203 and 

provide an equivalent level of safety. All documents deemed appropriate by the FAA for 

this aircraft will be located at the operational ground station for each flight in proximity to 
the PIC and VO and will be available for inspection on request. In order to identify the 

aircraft, we propose to use the manufacturer's model and production codes located on the 

aircraft as well as appropriate registration numbers and the telephone number of the 

manufacturer and Blue and Gray Sky affixed to the aircraft as well. Should the FAA deem 

appropriate, we will also affix the word "EXPERIMENTAL" in the largest possible lettering 

given the size of the UAS, as discussed further below. 

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. 

As the UAS does not have an entrance, may not have an FAA assigned registration 

number and is of such small size, we propose to affix the word "EXPERIMENTAL" in the 

largest possible lettering appropriate for the aircraft. Additionally, for each operation the 

ground station will be clearly identified with a banner containing the words "UAS Ground 

Station" that will be of appropriate size to be seen by any observer of the aircraft 

operations and chooses to investigate its point of origin. The ground station will also have 

all registration and identity documents relating to the UAS. 

14 CFR 91.9 Civil aircraft flight manual, marking, and placard requirements. 

This regulation provides that no person may operate an aircraft unless a current, approved 

flight manual is in the aircraft. The intent of this requirement is to ensure that flight manual 

information is available to the aircrew while operating the aircraft. 

Blue and Gray Sky Photography requests an exemption to this requirement as the UAS 

cannot, given its size, carry the flight manual. To meet an equivalent level of safety, we 

propose to have the current manufacturer's flight manual available to both the PIC and 

vo. 

14 CFR 91.109 Flight instruction; Simulated instrument flight and certain flight 

tests. 

The regulation provides that "No person may operate a civil aircraft that is being used for 

flight instruction unless that aircraft has fully functioning dual controls." 

The controls for the UAS do not currently have a set of fully functioning dual controls. If a 

UAS pilot is being trained, the pilot performing the training would be directly supervising 

and could take over the controls from the pilot in training if the need arose. This would be 

similar to the technique of a ''throw-over type" control wheel in some fixed wing aircraft. 

We feel that this technique meets the intent 91 .1 09 and provides an equivalent level of 

safety. 

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14 CFR 91.119 Minimum safe altitudes: General. 

The regulation states that over sparsely populated areas the aircraft cannot be operated doser 

than 500 feet to any person, vessel, vehicle, or structure. Since the typical mission of the UAS 

would be photography or survey of persons, vessels, vehicles or structures it would be necessary 

to operate closer than 500 feet to the items listed. Operations will only be flown over property or 

persons where permission has been obtained and careful pre-flight planning has been performed. 

The aircraft will be operated at a low altitude allowing, if a power unit fails, an emergency landing 

without undue hazard to persons or property on the surface. Therefore we maintain that due to 

the small size of the UAS, the hazard to persons, vehicles and strudures is minimal compared to 

manned aircraft, which should be considered in granting the exemption. 

14 CFR 91.121 Altimeter settings. 

The regulation provides that aircraft shall maintain cruising altitudes by reference to an 

altimeter setting available within 100 nautical miles of the aircraft. 

The UAV will always be flying below 400 feet AGL within VLOS of the PIC and VO that 

will provide separation from terrain, strudures and other aircraft. The Petitioner's 

primary mission would be to record data or survey of persons, property or 

structures as listed. Also, the UAS will continually transmit an AGL reading back to the 

controller at the ground station, and the AGL lock in the UAS's software will be set to 400 

feet, providing an equivalent leveJ of safety. 

14 CFR 91.151 Fuel requirements for flight in VFR conditions. 

The regulation provides that no person may begin a flight in an airplane under day-VFR 

conditions unless there is enough fuel to fly to the first point of intended landing and at 

least 30 minutes once the first point of intended landing. We feel that the intention here is 

to provide a reserve of fuel to remain aloft should a landing be delayed or the landing point 

changed. The UAS is smart battery powered and continually transmits battery charge 

information back to the ground station to be evaluated by the PIC. The PIC will return the 

UAS back to the ground station when the battery shows 20% remaining capacity. We 

request an exemption to the word 'fuel' and ask for an equivalent interpretation with the 

word 'energy'. 

14 CFR Subpart E (91.401 -91.4171- Maintenance, Preventive Maintenance, and 

Alterations. 

The regulation provides that the operator is primarily responsible for maintaining the 

aircraft in an airworthy condition, induding 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 under 43. 7" after maintenance and inspection. 

The PIC wiD ensure that the aircraft is in airworthy condition prior to every flight and in 

addition condud detailed inspections after every two (2) hours of flight. Maintenance 

performed by the PIC is limited to repairing small cracks, replacing a propeller, checking 

electrical connections and updating software and firmware for the onboard computer. All 
other maintenance will be performed by the manufacturer or their designated repair 

fadllty. The PIC wiR document work performed in accordance with 91.417. We feel that 

due to the size, construction, and simplicity of the aircraft, the PIC can ensure an 

equivalent level of safety. 

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14 CFR 61.113 Private pilot privileges and limitations: Pilot In Command and 61.133 

Commerdal pilot 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 with 

any business or employment if: ( 1) The flight is only inddental 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 Recreational Pilot Certificate 

issued by the FAA. 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.