1 

### UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC

Regulatory Docket No. _______________

IN THE MATTER OF THE PETI TION FOR EXEMPTION

OF: Blue Skies Ahead, Inc.

FOR AN EXEMPTION SEEKING RELIEF FROM THE
REQUIREMENTS OF TITLE 14 OF THE CODE OF FEDERAL REGULATIONSSECTIONS 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), AND 91.4 17(a) & (b)

CONCERNING COMMERCIAL OPERATION OF DJI

PHANTOM 3 Advanced AIRCRAFT SYSTEMS

PURSUANT TO SECTION 333 OF THE FAA

MODERNIZATION AND REFORM ACT OF 2012 (PUBLIC LAW 112

- 95) Submitted On May 29, 2015



### Blue Skies Ahead, Inc. Jeffrey T homas . Louwers 1665 Morningside Dr. Merritt Island, FL 32952

440

- 289

- 26342

TABLE OF CONTENTS

PAGE

GLOSSARY OF ABBREVIATIONS......................................

..... ................... 3

SUMMARY.......................................

............................ ..... ...... .. ..................... 4

INTRODUCTION AND INTERESTS OF PETITIONER....

.. . ............... ...... 4

BACKGROUND................................................................

.. ............................ 5

BASIS FOR PETITION............

................................. .. .................. . ............. 5

NAME AND ADDRESS OF PETITIONER.........

.. ............. ..................... 8

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH BLUE SKIES AHEAD, INC. SEEK S EXEMPTION

.. ......... .. ... ........ .. ..................... ..8

THE EXTENT OF RELIEF BLUE SKIES AHEAD, INC. SEEKS

A ND THE REASON JEFFREY T HOMAS LOUWERS SEEKS THE

RELIEF...

..... ............................................................................................. ....... 1 2

THE REASONS WHY GRANTING BLUE SKIES AHEAD, INC. REQUEST

WOULD BE IN THE PUBLIC INTEREST

..................... .... .................... 1 6

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT

ADVERSELY AFFECT SAFETY

.............. ....................... .... ....................... l9

SUMMARY THAT CAN BE PUBLISHED

IN THE FEDERAL REGISTER

.................................................. ..... 3 6

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS

AVAILABLE TO SUPPORT BLUE SKIES AHEAD, INC. REQUEST

... .................................................................... . ......... 34

CONCLUSION............................................................. ...................................... 3 7

APPENDICES .........................................................................

........... ............... 3 93

GLOSSARY OF ABBREVIATIONS



### AGL

AOI

ATC

ATO

AV

CFR

COA

FAA

FAR

GCS

GPS

LOL

NAS

NOT AM

PIC

Section 333

SO

SOP

UA

UAS

VFR

VLOS

VMC

VTOL Above Ground Level

Area of Interest

Air Traffic Control

Air Traffic Organization

Aerial Vehicle

Code of Federal Regulations

Certificate of Authorization

Federal Aviation Administration

Federal Aviation Regulation

Ground Control Station

Global Positioning System

Loss of Link

National Airspace System

Notice to Airman

Pilot I n Command

FAA Modernization and Reform Act of2012 (FMRA) Section 333

Safety Observer

Standard Operating Procedures

Unmanned Aircraft

Unmanned Aircraft System

Visual Flight Rules

Visual Line of Site

Visual Meteorological Conditions

Vertical Takeoff and Land ing4 Summary

Blue Skies Ahead, Inc. a Florida corporation seeks exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(l) & (a)(2), and 91.417(a) & (b), to operate an Unmanned Aircraft System pursuant to Section 333 of the FAA Modernization and

Reform Act of 2012 (FMRA). This exemption will permit Blue

Ski es Ahead, Inc. to operate an Unmanned Aircraft System (UAS) for the commercial purpose of conducting aerial video and photography of construction sites, real estate, and landscape

over certain areas of the United States.

INTRODUCTION AND INTERESTS OF THE

PETITIONER Jeffrey Thomas Louwers has been an air transport pilot (ATP) for over twenty years and is currently full time employed by a major airline. He has over 5 years recreational/hobby experience in all aspects of aerial video and photography. The objective of Blue Skies Ahead, Inc. aerial video and photography operations is to provide high quality imaging for a variety of commercial, public, and residential uses, specifically targeting:

• Construction sites before and after • Appraisals

• Real

- esta te marketing

• Search & Rescue Operations • Aerial acquisitions used for inspections of public and private

structures.5 BACKGROUND

Unmanned Aircraft Systems: DJI Phantom 3 Advanced Blue Skies Ahead, Inc. seeks an exemption to operate DJI

Phantom 3 Advance for compensation or hire w ithin the NAS.

The DJI Phantom 3 Advanced is a vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing electronic tablet or smart phone systems.

The DJI Phantom 3 Advance has a max imum gross weight of approximately 2 pounds 11 ounces, while having a length of 16

inches width of 16 inches, height of 8 inches, and a maximum speed of approximately 29 knots.

The Phantom 3 Advanced are equipped with four main rotors; driven by Lithium Polymer battery powered electric motors.

The DJI Phantom 3 Advanced U A that will be operated by Blue Skis Ahead, Inc. will be registered in accordance with 49 U.S.C. 44103, Registration of Aircraft, as well as 14 C.F.R Part 47, Aircraft Registration, and m arked in accordance with 14 C.F.R. Part 45, Identification and Registration Marking.

BASIS FOR PETITION Petitioner, Blue Skies Ahead, Inc., pursuant to the provisions of

the Federal Aviation Regulations (14 C.F.R. § 11.61) and the

FAA Modernization and Re form Act of 2012(FMRA), Section 333, Special Rules for Certain Unmanned Aircraft Systems, hereby petitions the Administrator to commercially operate the

D JI Phantom 3 Advanced UASs in the National Airspace System (NAS), and for an exemption from the 5 requirements of I4 C.F.R §§ 6l.II3(a) & (b), 91. 7(a), 9l.I2I, 9l.I5I (b), 9I.405(a), 9I.407(a)(I ), 9I.409(a)(I) & (a)(2), and 91.4I7(a) & (b).6

In consideration of the speed, weight, size, and limited operating

area associated with the unmanned aircraft and its operation, Blue Skies Ahead, Inc. and DJI Phantom 3 Advanced U AS

meets the conditions of FMRA Section 333 and therefore, will not require an airworthiness certificate in accordance with 14 C.F .R. Part 2I, Subpart H.

Acco rdingly, Blue Skies Ahead, Inc. requests relief from Sections 91.405(a), 9I.407(a)(I), 91.409(a)(l) & (a)(2), and 91.4I7(a) & (b), as these sections set forth requirements for maintenance that only apply to aircraft with an airworthiness

certificate.

Blue Skies Ahead, Inc. submits that the requested relief is proper since an equivalent level of safety will be ensured. Blue Skies

Ahead will use experienced personnel or technicians to perform maintenance, alterations, or preventive maintenance on the

UASs usi ng the methods, techniques, and practices prescribed in the operating documents (i.e., Monthly Maintenance Log, and

DJI Phantom 3 Advanced Instruction Manual. Furthermore, Blue Skies Ahead, Inc. will document and maintain all

maintenance records for the DJ I Phantom 3 Advanced UAS.

Rel ief f rom certain requirements of Section 61.1I3(a) and (b),

entitled Private pilot privileges and limitations: Pilot in
command, is requested by Blue Skies Ahead, Inc. to the extent necessary to allow a Pilot in Command (PIC) holding a private pilot or higher level certificate, as well as an airman medical certificate, and who has demonstrated, by meeting minimum flight

- hour and currency requirements, that the PIC is able to safely operate the DJI Pha ntom 3 Advanced UAS in a m anner consistent with this 6 exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Blue Skies Ahead,7

Inc. seeks relief from Section 91.7(a), entitled Civil aircraft

airwort hiness, because the DJI Phantom 3 Advanced UAS do es not require an airworthiness certificate in accordance with 14 C.F .R. Part 21, Subpart H. As such, Blue Skies Ahead, Inc.

submits that he will ensure that the DJI Phantom 3 Advanced

UAS is in an airworth y condition, prior to every flight, by determining that the UAS are in compliance with the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 3

Advanced ( Instruction Manual), and that the aircraft is in a condition for safe flight. Blue Skies Ahead, Inc. seeks an exemption from the requirements of Section 91.121, entitled Altimeter Settings, as the DJI Phantom 3 Advanced wi ll not have a typical barometric altimeter onboard. However, altitude

information of the DJI Phantom 3 Advanced altitude will be provided to the PIC via Global Positioning System (GPS) equipment and radio communications telemetry data link, which downlinks from the UA to the GCS for active monitoring of the flight path. This altitude information, combined with Jeffr ey Thomas Louwers operation of the DJI Phantom 3 Advanced within visual line of sight, at or below 4 00 feet AGL, will ensure

a level of safety equivalent to Section 91.121. Additionally, Jeffrey Thomas Louwers seeks an exemption from the requirements of Se ction 91.151(b), entitled Fuel requirements/or flight in VFR conditions. Jeffrey Thomas

Louwers submits that safety will not be affected by operation of

the DJI Phantom 3 Advanced UA during daylight hours in visual meteorological conditions (VMC) 7 under v isual flight rules (VFR), with enough battery power to fly for a total duration of approximately 1 9 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 4 .0 minutes.8

In accordance with 14 C.F.R. § 11.81, Blue Skies Ahead, Inc. provides the following information in support of its petition for exemption:

A. Name And Address Of The Petitioner. The name and address of the Petitioner and point of contact is:

Blue Skies Ah ead, Inc. Jeffrey Thomas Louwers 1665 Morningside Dr. Merritt Island, FL 32952

440

- 289

- 2634 embcaptn@gmail.com

B. The Specific Sections Of 14 C.F.R. From Which Blue Skies Ahead, Inc. Exemption. 1. Blue Skies Ahead , Inc. Seeks Exemption From The Requirements Of Section 61.113(a) And (b). Section 61.113, entitled Private pilot privileges and limitations:
Pilot in command, subsections (a) and (b) prescribe the following, in relevant part: (a) No person who holds a private pilot certificate may act as a pilot in command (PIC) of an aircraft that is carrying passengers or property for compensation

or hire; nor may that person, for compensation or hire, act as

PIC of an aircraft. (b) A private pilot may, for compensati on or hire, act as PIC of an aircraft in connection with 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 2. Blue Skies Ahea d, Inc. Seeks Exemption From The Requirements Of Section 91.7a9

Section 91.7 a , entitled Civil aircraft airworthiness, subsection (a), states the following: (a) No person may operate a civil aircraft unless it is in an airworthy condition.

3. Blue Skies Ahea d, Inc. Seeks Exemption From The Requirements Of Section 91.121. Section 91.121, entitled Altimeter settings, subsection (a), states the following, in part: (a) Each person operating an aircraft shall maintain the cruising altitude or flight level of that aircraft, as the case may be, by reference to an altimeter that is set, when operating

-- (1) Below 18,000 feet MSL, to

-- (i) The current reported altimeter setting of a station along the

route and within 1 00 nautical miles of the aircraft; (ii) If there i s no station within the area prescribed in paragraph (a)(l)(i) of this section, the current reported altimeter setting of an appropriate available station; or (iii) In the case of an aircraft not equipped with a radio, the elevation of the departure airpor t or an appropriate altimeter setting available before departure. 4. Blue Skies Ahead, Inc. Seeks Exemption From The Requirements Of Section 91.151(b). Section 91.151, entitled Fuel requirements for flight in VFR
conditions, subsection (b), states the following: (b) No person may begin a flight in a rotorcraft under VFR

conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 20 minutes.

5. Blue Skies Ahead, Inc. Seeks Exemption From The Requirement Of Section 91.405a

.10

entitled Maintenance required, subsection (a), states the following: Each owner or operator of an aircraft

- (a) Shall have that aircraft inspected as prescribed in subpart E of this part and shall between required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter[.] 6. Blue Skies Ahead, Inc. Seeks Exemptio n From The Requirements Of Section 91.407(a)(l) Section 91.407, entitled Operation after maintenance,
preventive maintenance, rebuilding, or alteration, subsection (a)(l), states the following: (a) No person may operate any aircraft that has undergone main tenance, preventive maintenance, rebuilding, or alteration unless

-- (1) It has been approved for return to service by a person authorized under § 4 3. 7 of this chapter[.] 7. Blue Skies Ahead, Inc. Seeks Exemption From The Requirements Of Sections 91.409( a)(l) And 91.409(a)(2). Section 91.409, entitled Inspections, subsection (a), states the following: (a) Except as provided in paragraph (c) of this section, no person may operate an aircraft unless, within the preceding 12 calendar months, it has had

-- (1) An annual inspection in accordance with part 43 of this chapter and has been approved for return to service by a person authorized by § 4 3. 7 of this chapter; or (2) An inspection for

the issuance of an airworthiness certificate in accordance with part 2 1 of this chapter. 8. Blue Skies Ahead, Inc. Seeks Exemption From The Requirements Of Sections 91.417(a) And 91.417(b). Section 91.417, entitled Maintenance records, subsections (a) and (b), state the following: (a) Except for work performed in accordance with§§ 91.411 and 91.413, each registered owner or operator shall keep the11

f ollowing records for the periods specified in paragraph (b) of

this section: ( 1) Records of the maintenance, preventive maintenance, and alteration and records of the 100

- hour, a nnual, progressive, and other required or approved inspections, as appropriate, for each aircraft (including the airframe) and each engine, propeller, rotor, and appliance of an aircraft. The records

must include

-- (i) A description (or reference to data a cceptable to the Administrator) of the work performed; and (ii) The date of completion of the work performed; and (iii) The signature, and certificate number of the person approving the aircraft for return

to service. (2) Records containing the following i nformation: (i) The total time in service of the airframe, each engine, each propeller, and each rotor. (ii) The current status of life

- limited parts of each airframe, engine, propeller, rotor, and appliance. (iii) The time since last overhaul of all items installed on the

aircraft which are required to be overhauled on a specified time

basis. (iv) The current inspection status of the aircraft, including

the time since the last inspection required by the inspection program under which the aircraft and its a ppliances are

maintained. (v) The current status of applicable airworthiness directives (AD) and safety directives including, for each, the method of compliance, the AD or safety directive number and revision date. If the AD or safety directive involves re curring action, the time and date when the next action is required. (vi) Copies of the forms prescribed by§ 43.9(d) of this chapter

for each major alteration to the airframe and currently installed engines, rotors, propellers, and appliances. (b) The owner or operator shall retain the following records for the periods12 prescribed: (1) The records specified in paragraph (a)(l) of this

section shall be retained until the work is repeated or superseded by other work or for 1 year after the work performed. (2) The records specified in paragraph (a)(2) of this section shall

be retained and transferred with the aircraft at the time the

aircraft is sold. (3) A list of defects furnished to a registered owner or operator under§ 43.11 of this chapter shall be retained until the defects are repaired and the aircraft is approved for return to service.

C. The Extent Of Relief Blue Skies Ahead, Inc. And The Reason Blue Skies Ahead, Inc. Seeks The Relief.

1. Extent Of Relief Blue Skies Ahead, Inc. Seeks And The

Reason Blue Skies Ahead, Inc. Seeks Relief From Section 61.113(a) And (b). Relief from Section 61.113(a) and (b) entitled Private pilot privileges and limitations: Pilot in command, is requested to the extent necessary to allow a PIC holding a private pilot or higher level certificate, as well as a current and valid airman medical certificate, and who has met certain flight

- hour and currency requirements, to conduct the proposed UAS flight operations for compensation or hire. This relief is requested since the

l imitations set forth in Section 61.113(a) and (b) state that a private pilot may, for compensation or hire, act as PIC of an

aircraft in connection with 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. As set forth more fully below, Blue Skies Ahead, Inc. submits that an equivalent level of safety will be maintained because no PIC will be allowed to operate the DJI

Phantom 3 A dvanced UAS unless that PIC has met certain13

flight

- hour and currency requirements, demonstrating that the PIC is able to safely operate DJI Phantom 3 Advanced UAS in a manner consistent with the operations specifications as described in this exemption, inc luding evasive and emergency

maneuvers, as well as maintaining appropriate distances from people, vessels, vehicles and structures. Further, Blue Skies Ahead, Inc. submits that all flights of the DJI Phantom 3

Advanced UAS, conducted by the PIC pursuant to the grant of this Petition: (1) will be incidental to Blue Skies Ahead, Inc. business; and (2) will not carry passengers or property for compensation or hire.

2. Extent o f Relief Blue Skies Ahead, Inc. Seeks And The Reason Blue Skies Ahead, Inc. Seeks Relief From Section 91. 7(a). Relief from Section 91.7(a) entitled Civil aircraft airworthiness, is requested to the extent required to allow Blue Skies Ahead,

Inc. to determine that the Phantom 3 Advanced UAS is in airworthy condition prior to every flight by ensuring that the UAS is in compliance with the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 3 Advanced

Instruction Manual. Blue Skies Ahead, Inc. seeks the requested

relief because the D JI Phantom 3 Advanced UAS do es not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, Blue Skies Ahead, Inc. will

ensure that the D JI Phantom 3 Advanced UAS is in airworthy condition based upon its compliance w ith the operating documents (i.e., Monthly Maintenance Log, and D JI Phantom 3

Advanced I nstruction Manual prior to every flight, and further,

determine that the aircraft are in condition for safe flight, as

stated in the conditions and limitations below.14

3. Extent o f Relie f Blue Skies Ahead, Inc. Seeks a nd The Reason Blue Skies Ahead, Inc. Seeks Relief From Section

91.121. Relief from section 91.121, entitled Altimeter settings, may be required to allow flight operations of the D JI Phantom 3

Advanced UAS, which utilize a, GPS equipment altitude reporting , and a radio communications telemetry data link to

downlink altitude information from the UA to the PIC at the ground control station (GCS). Since the FAA requires that any altitude information concerning U AS operations be reported to air traffic control (ATC) in feet above ground level (AGL), Blue Skies Ahead, Inc. seeks the requested relief because the

Phantom 3 Advanced UA altimeter may be set on the ground to zero feet AGL, rather than the local barometr ic pressure or field altitude, before each flight. Considering the limited altitude of the proposed operations, relief from 14 CFR 91.121 is sought to the extent necessary to comply with the applicable conditions

and limitations stated below. As more fully set forth herein, an equivalent level of safety will be maintained since the D JI

Phantom 3 Advanced UA S is equipped with Altitude GPS reporting equipment, which automatically ensures that a ground level pressure setting will be established prior to each f light, and provides the PIC with altitude information of the UA S on the

heads

- up display of the GCS.

4. Extent Of Relief Blue Skies Ahead, Inc. And The Reason

Blue Skies Ahead Seeks Relief From Section 91.151(b). Relief from Section 91.151 (b) entitled Fu el requirements for flight in VFR conditions, is requested to the extent required to

allow flights of the battery powered D JI Phantom 3 Advanced during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), for a total d uration of15

19 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 4 minutes.

Blue Skies Ahead Inc. seeks the requested relief because without

an exemption from Section 91.151 (b), the flight time duration of the battery powered DJI Phantom 3 Advanced will severely constrain the practicality of any aerial video or still photo flight operations that Blue Skies Ahead Inc. proposes to conduct pursuant to this Petition. Significantly, as set forth below, the technical specifications of the DJI Phantom 3 Advanced operating documents, and Blue Skies Ahead, Inc. proposed operating limitations, ensure that Blue Skies Ahead will safely operate the battery powered DJI Phantom 3 Advanced UA during dayligh t hours in visual meteorological conditions (VMC), under visual flight rules (VFR), with enough battery power to fly for a total duration of 1 9 minutes to the first point of intended landing and, assuming normal cruising speed, to fly

after that for at lea st 4 minutes. 5. Extent Of Relief Travis Lee Berry Seeks And The Reason Travis Lee Berry Seeks Relief From Sections 91.405(a), 91.407(a)(l), 91.409(a)(l) & (a)(2), And 91.417(a) & (b). Since Sections 91.405(a), 91.407(a)(l), 91.409(a)(l) & (a)(2), and 91.417(a) & (b) only apply to aircraft with an airworthiness certificate, Blue Skies Ahead, Inc. requests relief from these

Sections because the DJI Phantom 3 Advanced do not require airworthiness certificates. As set forth more fully below, th e DJI

Phantom 3 Advanced UAS meet s the conditions of FMRA Section 333 for operation without an airworthiness certificate. Accordingly, Blue Skies Ahead, Inc. will use trained technicians to perform maintenance, alterations, or preventive maintenance

on the UASs using the methods, techniques, and practices prescribed in the UAS operating documents (i.e., Ahead, Inc.16

Monthly Maintenance Log, and DJI Phantom 3 Advanced Instruction Manual). Furthermore, Blue Skies Ahead, Inc. will

document and maintain all main ten ance records for the DJI

Phantom 3 Advanced UAS. The Reasons Why Granting Blue Skies Ahead, Inc. Request Would Be In The Public Interest; That Is, How It Would

Benefit The Public As A Whole. Granting the present Petition will further the public interest by allowing Blue Skies Ahead to safely, efficiently, and economically perform aerial video and photography of construction sites, real estate, and landscape

over certain areas of the United States. Additionally, use of the

DJI Phantom 3 Advanced will decrease congestion of the NAS, reduce pollution, and provide significant benefits to the economy. Notably, the benefits of Blue Skies Ahead proposed operation of the DJI Phantom 3 Advanced UAS will be realized without implicating any privacy issues. 1. Th e Public Will Benefit From Decreased Congestion Of The NAS. The DJI

Phantom 3 Advanced UA is battery powered and serve as a safe, efficient, and economical alternative to the manned aircraft traditionally utilized to obtain aerial imagery. By reducing the amount of manned aircraft needed to perform aerial acquisitions, an exemption allowing the use of a DJI Phantom 3 Advanced UAS would reduce the amount of manned aircraft in the NAS,

reduce noise and air pollution, as well as increase the safety of

life and property in the air and on the ground. Furthermore, by reducing the number of manned aircraft operating in the NAS, congestion around airports caused by arriving and departing

aircraft will be reduced. The DJI Phantom 3 Advanced UA do not require an airpo rt to takeoff or land. Likewise, a reduction of manned aircraft conducting aerial video and photography missions would result in fewer aircraft that must be handled by17

air traffic control during the ground, takeoff, departure, arrival, and landing phases o f flight operations. 2. The Public Will Benefit From The Safety And Efficiency Of The DJI

Phantom 3 Advanced UAS. Conducting aerial acquisitions

with the DJI Phantom 3 Advanced UAS, instead of manned aircraft, will greatly benefit the public by drastically reducing

the levels of air and noise pollution generated during traditional

aerial video and still photography flight operations. By using battery power and electric motors, the DJI Phantom 3 Advanced

U AS produce no air pollution, and is the most viable

e nvironmentally conscious alternative to the cabin class, six cylinder internal combustion engine aircraft that are typically utilized for aerial video and photography, while burning approximately 20

- 30 gallons per hour of leaded aviation fuel.

The DJI Phantom 3 Advanced UA, while reducing the carbon footprint of aerial acquisitions, also eliminates noise pollution,

as the UA is propelled by battery powered electric motors, rather than an internal combustion engine. By using the DJI Phantom 3

Advanced UAS to perform aerial acquisitions, the substantial risk to life and property in the air and on the ground, which is usually associated with traditional manned aircraft flight operations, will be substantially reduced or completely

eliminated. A side from the lack of flight crew members located onboard the aircraft, the DJI Phantom 3 Advanced UA (weighing approximately 2 pounds 11 ounces ) , at its maximum gross weights with lengths of 16 , width of 16 inches, and with no fuel on board), has less physical potenti al for collateral damage to life and property on the ground, and in the air, compared to the manned aircraft that typically conduct similar operations weighing approximately 6,000 pounds with a wingspan of approximately 42 feet, a length of 34 feet, and a18

fuel capacity of 180 gallons). 3. Performing Aerial Video and Photography Operations With The DJI Phantom 3 Advanced UAS Will Benefit The Economy. In addition to being safe and efficient, the DJI Phantom 3 Advanced UAS is also an economical alternative to using manned aircraft to conduct

similar aerial operations. As such, operation of the DJI Phantom

3 Advanced UAS will allow United States based companies, like

Blue Skies Ahead , to remain competitive and contribute to

gro wth of the U.S. economy. Specifically, with the rising cost of aviation fuel and the Environmental Protection Agency ("EPA") regulatory actions phasing out leaded aviation fuels, U.S. owned and operated companies must adopt new and alternative technology i n order to remain competitive. Operating the battery powered DJI Phantom 3 Advanced UAS is one such technology that not only allows companies greater operational flexibility compared to manned aircraft, but provides such flexibility without the high operat ional cost of a traditional manned

aircraft. By operating the DJI Phantom 3 Advanced UAS, companies such as Blue Skies Ahead

, Inc. can remain competitive and profitable, and therefore, provide greater job stability to employees and contractors, which will ultimately contribute to growth of the U.S. economy. Improved financial performance of U.S. companies, through commercial use of the

DJI Phantom 3 Advanced UAS, provides a stable workforce that increases consumer spend ing; improves local, state, and federa l

tax revenues; and allows companies to invest in research and development in order to remain competitive both in the United

States and abroad. 4. There Are No Privacy Issues. Similar to the manned aerial acquisition flight operations that have

been conduc ted for decades, Blue Skies Ahead, Inc. proposed operation of the DJI Phantom 3 Advanced UAS19

will not implicate any privacy issues. Specifically, Phantom 3

Advanced UAS will be operated only in compliance with operating documents (i.e., the Blue Skies Ahea d, Inc. Aerial Operations Manual, Monthly Maintenance Log, and DJI

Phantom 3 Advanced Instruction Manual) which requires property owner involvement as well as local law enforcement notification, and in accordance with the Federal Aviation Regulations, including the minimum altitude requirements of 14 C.F.R. § 91.119.E. The Reasons Why Granting The Exemption Would Not Adversely Affect Safety, Or How The Exemption Would Provide A Level Of Safety At Least Equal

To That Provided By The Rule From Which Blue Skies Ahead, Inc. Seeks Exemption. 1. Reasons Why The DJI

Phantom 3 Advanced UAS Meet The Conditions Of The FAA Modernization and Reform Act of2012 (FMRA)

Section 333. In consideration of the size, weight, speed, and limited operating area associated with the unmanned aircraft and its operation, Blue Skies Ahead, Inc. operation of the DJI

Phantom 3 Advanced UAS meet the conditions of FMRA Section 333, and will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Section 333 provides authority for a UAS to operate without airworthiness certification and sets forth requirements for considering whether

a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security. Specifically, FMRA Section 333 states the following, in part: (a) In General.

-- Notwithstanding any other requirement of this subtitle, and not later than 180 days after the date of enactment ofthis Act, the Secretary of Transportation shall determine if certain unmanne d aircraft systems may operate safely in the national airspace20

system before completion of the plan and rulemaking required by section 332 of this Act or the guidance required by section 334 of this Act. (b) Assessment of Unmanned Aircraft Systems.

-- ln mak

ing the determination under subsection (a), the Secretary shall determine, at a minimum

-- (I) which types of unmanned aircraft systems, if any, as a result of their size, weight, speed, operational capability, proximity to airports and populated areas, and operation within visual line of sight do not create a hazard to users of the national airspace system or the public or pose a threat to national security; and (2) whether a certificate of waiver, certificate of authorization,

or airworthiness certificatio n under section 44704 of title 49,

United States Code, is required for the operation of unmanned aircraft systems identified under paragraph(!). (c) Req uirements for Safe Operation.

—

I f the Secretary determines under this

section that certain unmanned aircr aft systems may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation of such aircraft

systems in the national airspace system. In seeking this exemption, Blue Skies Ahead, Inc. submits that

the D JI Phantom 3 Advanced UAS can operate safely in the NAS pursuant to FMRA Section 333, as demonstrated by: (a)

the characteristics of the D JI Phantom 3 Advanced UAS; (b) the pilot certification requirement; and (c) the specific operating

limitations. a. The Specifications Of The DJI Phantom 3

Advanced UAS Demonstrate Its Safe Characteristics. The DJI

Phantom 3 Advanced UAS do es not create a hazard to users of the NAS or the public, or otherwise pose a threat to national security considering its size, w eight, speed, and operational capability. i. Technical Specifications o f The DJI Phantom 3

Advanced UAS. The technical specifications of the Phantom 321

Advanced UAS are set forth by the DJI Phantom 3 Advanced Specifications and Data Sheet, attached hereto· as Exhibit A

and B.

ii. The DJI Phantom 3 Advanced UAS Autonomous Flight And Navigation Modes Enable The UAS To Remain Within A Defined Operational Area. The DJI Phantom 3 Advanced UAS may be operated in both manual and fully autonomous flight modes. A complete description of the flight and navigational modes of the DJI Phantom 3 Advanced UAS is provided in the DJI Phantom 3 Advanced User Manuals,

attached hereto as Exhibit A and B

. iii. The DJI Phantom 3 Advanced Are Designed For

Automatic Return To Home Point Or Hover In The Event Of Loss Of The Control Link Or Navigation. When the Control Link is lost, the DJI Phantom 3 Advanced UA will remain stationary, in flight, for 3 seconds or more. If, after 3 seconds, the DJI Phantom 3 Advanced UA do es not reacquire control link data from the GCS, the UAs will assume that the Control Link is lost and the UAs will return to the home position (i.e., failsafe mode) via GPS, and will descend to the takeoff position and shutdown. A complete description of the Failsafe

Functions of the DJI Phantom 3 Advanced UAS are set forth in

the DJI Phantom 3 Advanced User Manuals, attached here to as
Exhibit A and B

. iv. The DJI Phantom 3 Advanced G CS And Its Operation. A complete description of the operation and specifications of the

DJI Phantom 3 Advanced GCS and flight control software is provided in the DJI Phantom 3 Advanced User Manual

. D JI

Phantom 3 Advanced User Manuals are attached here to as
Exhibits A and B

. b. Flight Operations Of DJI Phantom 3

Advanced UAS is Limited To The Line Of Sight Of A22

Certificated Pilot in Command With A Safety Observer

. Blue Skies Ahead, Inc. will only utilize certificated pilots who possess a current and valid airman medical certificate to act as a pilot in command (PIC) of the DJI Phantom 3 . Additionally, a safety observer will assist all pilots during flight time. c. Flights Of DJI Phantom 3 Advanced UAS Will Be Conducted Pursuant To Specific Operating Limitat ions. In seeking this exemption, Blue Skies Ahead, Inc. proposes to commercially operate DJI Phantom 3 Advanced UAS for the special purpose of conducting aerial video and photography over certain areas of United States, pursuant to the following specific

op erating limitations: 1. Operations authorized by this grant of exemption will be limited to the following aircraft described in the operating documents, rotorcraft UASs weighing less than 55 pounds maximum gross weight: DJI Phantom 3 Advanced Unmanned

Airc raft Systems. Proposed operations of any other aircraft will require a new petition or a petition to amend this grant. 2. UAS operations under this exemption will be limited to conducting operations for the purpose of aerial video and photography.

3. The UAs may not be flown at an indicated airspeed exceeding

20 knots. 4. The UA must be operated at an altitude of no more than 4 00 feet above ground level (AGL), as indicated by the procedures specified in the operating documents unless a special request is

m ade and approved by ATC. All altitudes reported to ATC must

be in feet AGL.

5. The UA S 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 corrective23

lenses, as specified on the PIC's FAA

- issued airman medical

certificate

. 6. The use of first person view (FPV) by the PIC or safety observer (SO) is not permitted. 7. All operations must utilize a safety observer (SO). The SO may be used to sat isfy the VLOS requirement as long as the PIC always maintains VLOS capability. The SO 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 th e flight and cannot transfer his or her designation for the duration of the flight. The PIC must ensure that the SO can perform the functions prescribed in the operating documents. 8. The SO must not perform any other duties beyond assisting

the PIC with seeing and avoiding other air traffic and other ground based obstacles/obstructions and is not permitted to operate the camera or other instruments. 9. The operating documents and the grant of exemption must be accessible during UAS operations and made ava ilable to the Administrator upon request. If a discrepancy exists between the conditions and limitations contained in the grant of exemption and the procedures outlined in the operating documents, the conditions and limitations contained in the grant of ex emption 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 upon request. The operator must also present updated and revised documents if it petitions for extension or amendment to the grant of exemption. If the operator determines24

that any update or revision would affect the basis upon which the FAA granted the exemption, then the operator must petition for amendment to its grant of exemption. The FAA's UAS Integration Office (AFS

- 80) may be contacted if questions arise regarding update s or revisions to the operating documents.

1 0. Prior to each flight the PIC must inspect the UAS to ensure

that it is in a condition for safe flight. If the inspection reveals a

condition that affects the safe operation of the UAS, the aircraft is prohibi ted from operating until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight. The Ground Control Station must be included in the preflight inspection. All maintenance and alterations must be properly docum ented in the aircraft records. 11. 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. The PIC who conducts t he functional test flight must make an entry in the aircraft records. 12. The pre

- flight inspection must account for all potential discrepancies, e.g. inoperable components, items, or equipment, not already covered in the relevant sections of the operating

documents. 13. The operator must follow the UAS manufacturer's aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements.

1 4. The operator must carry out its maintenance, inspections, and record keeping requirements , in accordance with the operating documents. Maintenance, inspection, alterations, and status of replacement/overhaul component parts must be noted in the aircraft records, including total time in service, description25

of work accomplished, and the signatu re of the authorized person returning the UAS to service. 15. Each UASs operated under this exemption must comply with

all manufacturer Safety Bulletins.

1 6. The authorized person must make an entry in the aircraft

record of the corrective action taken against discrepancies discovered between inspections. 17. The PIC must possess at least a private pilot certificate and

at least a current third

- class medical certificate.

1 8. The operator may not permit any PIC to operate unless the

PIC meets the operat or's qualification criteria and demonstrates the ability to safely operate the UAS in a manner consistent with how the UAS will be operated under the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, v essels, vehicles and structures. PIC qualification flight hours must be logged in ·a manner consistent

with 14 C.F.R. § 61.51(b). Flights for the purposes of training the operator's PICs are permitted under the terms of the exemption. However, training ope rations 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 appropriat e distance from nonparticipants in accordance with 14 C.F.R. § 91.119. 19. UAS operations may not be conducted during night, as defined in 14 C.F.R. § 1.1. All operations must be conducted under visual meteorological conditions (VMC). If flight at night

is required, a special request will be made at the FAA office closest to proposed area of operations. Flights under special visual flight rules (SVFR) are not authorized.26

20. The UA may not operate within 5 nautical miles of an airport reference point as den oted on a current FAA

- published

aeronautical chart unless a letter of agreement with that airport's management is obtained, and the operation is conducted in accordance with a NOT AM as required by the operator's COA. The letter of agreement with the airpo rt management must be

made available to the Administrator upon request. 21. The UA may not be operated less than 5 00 feet below or less than 2,000 feet horizontally from a cloud or when visibility is

less than 3 statute miles from the PIC.

22. If the UA l oses communications or loses its GPS signal, it must return to a predetermined location within the planned operating area and land or be recovered in accordance with the operating documents. 23. The PIC must abort the flight in the event of unpredicted

obs tacles or emergencies in accordance with the operating

documents. 24. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough power to fly at normal cruising speed to the intended landing poi nt and land the UA with 25% battery power remaining. 25. The operator must obtain an Air Traffic Organization (ATO)

issued Certificate of Waiver or Authorization (COA) prior to conducting any operations under the grant of exemption. This COA will also requ ire the operator to request a Notice to Airman (NOT AM) not more than 72 hours in advance, but not

less than 48 hours prior to the operation. All operations shall be

conducted in accordance with airspace requirements in the A TO issued COA including class of airspace, altitude level and potential transponder requirements.27

26. All aircraft operated in accordance with the exemption must be identified by serial number, registered in accordance with 14 C.F.R. part 47, and have identification _(N

- Number) markin gs in accordance with 14 C.F.R. part 45, Subpart C. Markings must be as large as practicable. 27. Before conducting operations, the radio frequency spectrum used for operation and control of the UA must comply with the

Federal Communications Commission (FC C) or other appropriate government oversight agency requirements. 28. The documents required fewer than 14 C.F.R. 91.9 and

91.203 must be available to the PIC at the Ground Control Station of the UAS any time the UAS is operating. These

documents must be m ade available to the Administrator or any law enforcement official upon request. 29. The UA must remain clear and yield the right of way to all

manned aviation operations and activities at all times. 30. The UAS may not be operated by the PIC from any moving

device or vehicle. 31. Flight operations must be conducted at least 500 feet from all nonparticipating persons (persons other than the PIC, SO, operator trainees or essential persons), vessels, vehicles, and

structures unless:

a. Barriers or struct ures 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 per sons leave such protection and are within

500 feet of the UA S , flight operations must cease immediately and/or; b. The aircraft is operated near vessels, vehicles or structures

where the owner/controller of such vessels, vehicles or28

structures has granted permission 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, and; c. Operations nearer to the PIC, SO, operator trainees or essential persons do not present an undue hazard to those persons per§ 91.119(a). 32. All operations shall be conducted over private or controlled

access property with permission from the land owner/controller or authorized representative. Permission from land

owner/controller or authorized representative will be obtained for each flight to be conducted. 33. 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

UA S 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. 2. Reasons Why An Exemption From The Requirements Of Section 61.113( a) And (b) Would Not Adversely Affect Safety. Blue Skies Ahead, Inc. submits that the equivalent level of safety established by Section 61.113(a) and (b) will be maintained because no PIC will be allowed to operate the DJI

Phantom 3 Advanced UAS unless that PIC has demonstrated, by meeting minimum flight

- hour and currency requirements, that the PIC is able to safely operate the DJI Phantom 3 Advanced UAS in a manner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate

distances from people, vessels, vehicles and structures.29

Considering Blue Skies Ahead proposed area of operations, and the operating limitations set forth

- above; the parallel nature of private pilot aeronautical knowledge requiremen ts to those of commercial pilot requirements (See Exemption No. 11 062); and the airmanship skills necessary to safely operate the DJI

P hantom 3 Advanced UAS

, Blue Skies Ahead, Inc. submits that the additional manned airmanship experience of a commerciall y certificated pilot would not correlate to the airmanship skills necessary for Blue Skies Ahead, Inc. specific proposed flight operations. The FAA has previously granted relief from Section 61.113(a) and (b) specific to UAS, in circumstances similar,

in a ll material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 1136,11138,11150,11153,11156,11158,11159,11160, 11161). Blue Skies Ahead, Inc. will not allow any PIC to operate the DJI

Phantom 3 Advanced UAS unless that PIC has demonstrated, by meeting minimum flight

- hour requirements or the DJI Phantom

3Advanced UAS training and currency requirements, that the

PIC is able to safely operate the DJI Phantom 3 Advanced UAS in consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Specifically, the PIC must have accumulated and logged, in a manner consistent with 14 C.F.R. § 61.51(b), 25 hours of total time as a UAS rotorcraft pilot (with a minimum of 5 hours of those hours as a UAS pilot operating the same make and model of UAS to be used for operations under the exemption). In addition to the hou r requirements, the PIC must accomplish 3 takeoffs and landings in the preceding 90 days (for currency purposes). As in30

Exemption Nos. II 062, 11138, and 11153, prior documented flight experience that was obtained in compliance with applicable regulations will ensure an equivalent level of safety during Blue Skies Ahead, Inc. proposed operations. The Administrator has held that prior documented flight experience

that was obtained in compliance with applicable regulations would ensure safe operations, statin g as follows: In Exemption No. II 062, the FAA required that prior to conducting operations for the purpose of motion picture filming (or similar operations), the PIC must have accumulated and logged, in a manner consistent with 14 CFR 61.51 (b), 25 hours

of total time as a UAS rotorcraft pilot including at least I 0 hours logged as a UAS pilot with a multi

- rotor UAS. Prior to operations under Exemption No. 11062, the PIC must also have accumulated and logged a minimum of 5 hours as a UAS pilot operating th e same make and model of UAS to be used for operations under the exemption. For clarification, the FAA considers these minimum hour requirements to be inclusive rather than additive; i.e. 5 hours make and model time may be

included in the 10 hours of multi

- rotor time and the 10 hours may be included in the total 25 hours of UAS rotorcraft time. In addition to the hour requirements, the PIC must accomplish 3 takeoffs and landings in the preceding 90 days (for currency purposes). The FAA finds that at a minimum, the flight

- hour requirements in Exemption No. 11062 are appropriate to practice and build proficiency in the skills necessary to safely conduct the petitioner's proposed operations. The FAA also finds that prior documented flight experience that w as obtained in compliance with applicable regulations would satisfy this requirement. Training, proficiency, and experience

- building flights can also be conducted under the grant of exemption to31

accomplish the required flight time. During training, profici ency, and experience

- building flights the PIC is required to operate the UA with appropriate distances in accordance with

14 C.F.R 91.119. Exemption No. 11138 at page 15. Accordingly, Blue Skies Ahead, Inc. will ensure safe operations by not allowing any P IC to operate the DJI Phantom 3

Advanced UAS unless that PIC has demonstrated, by meeting minimum flight

- hour and currency requirements, that the PIC is able to safely operate the DJI Phantom 3 Advanced UAS in a

manner consistent with the exemption, includ ing evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. 3. Reasons Why An Exemption From The Requirements Of Section 91.7(a) Would Not Adversely Affect Safety. The equivalent level of safety established by Section 91. 7(a)

will be maintained because prior to every flight, Blue Skies

Ahead will ensure that the DJI Phantom 3 Advanced UAS is in an airworthy condition based upon the UAS's compliance with its operating documents and as stated in the conditions and

limitations herein. Additionally, the FAA has previously granted

relief from Section 91.7(a) specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). 4. Reasons Why An Exemption From The Requirements Of

Section 91.121 Would Not Adversely Affect Safety. The equivalent level of safety establish ed by Section 91.121 will

be maintained because the altitude information of the DJI32

Phantom 3 Advanced UA S will be provided to the PIC via GPS equipment and a radio communications telemetry data link,

which downlinks from the UA to the GCS for active monit oring of the flight path and altitude. This altitude information,

combined with Blue Skies Ahead, Inc. operation of the DJI

Phantom 3 Advanced UA S within visual line of sight, at or

b elow 4 00 feet AGL, will ensure a level of safety equivalent to

Section 91 .121. The altitude information will be generated by GPS equipment installed onboard the aircraft. Prior to each flight, a zero altitude initiation point is automatically established by the UAS at ground level. The FAA has previously granted

relief from Sec tion 91.121 specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11112, 11136, 11138, 11150,11153,11156,11157,11158,11159,11160, 11161). 5. Reasons Why An Exemption From The Requirements Of Section 91.151(b) Would Not Adversely Affect Safety. A grant of this exemption would ensure an equivalent level of safety established by 14 C.F .R. Section 91.151 (b) as a result of (1) the technical spe cifications of the DJI Phantom 3 Advanced UASs (2) the limitations on the proposed flight operations; and (3) the location of the proposed flight operations. Accordingly,

Blue Skies Ahead will ensure that it will safely operate the battery powered DJI Phantom 3 Advanced UAS during daylight hours in VFR conditions, with enough battery power to fly for a

total duration of 19 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least

4. 0 minutes. Here, as in Exemption No. 11109, the technical specifications of

the DJI Phantom 3 Advanced UAS; the limitations on the33 proposed flight operations; and the location of the proposed operations, wi ll ensure an equivalent level of safety established by 14 C.F.R. Section 91.151(b). Furthermore, safety will be

ensured as the DJI Phantom 3 Advanced provide audible and visual warnings to the PIC at the GCS when the UAs experiences low battery voltage, th e first warning occurring at approximately 33% remaining battery power, and again at approximately 10% remaining battery power. At the critically low battery level, the DJI Phantom Vision+ and DJI Inspire 1 UASs will descend and land automatically. Signifi cantly, previous exemptions granted by the FAA concerning Section

91.151 establish that safety is not adversely affected when the

technical characteristics and operating limitations of the UAS are considered. Relief has been granted for manned aircraft to

operate at l ess than the minimums prescribed in Section 91.151, including Exemption Nos. 2689, 5745, and 10650. Moreover, the FAA has previously granted relief from Section 91.151 specific to UAS, in circumstances similar, in all material

respects, to thos e presented herein (e.g. Exemption Nos. 8811, 10808, 10673, 11042, 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). 6. Reasons Why An Exemption From The Requirements Of

Se ctions 91.405(a), 91.407(a)(l), 91.409(a)(l) & (a)(2), And 91.417(a) & (b) Would Not Adversely Affect Safety. In seeking this exemption, Blue Skies Ahead submits that the equivalent level of safety with regard to the regulatory

maintenance and alteration requirements established by Sections 91.405(a), 91.407(a)(l ), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) will be met because Blue Skies Ahead, Inc. will34

use trained technicians to perform maintenance, alterations, or preventive maintenance on the UASs usi ng the methods, techniques, and practices prescribed in the operating documents (DJI Phantom 3 Advanced Operations Manual, Monthly Maintenance Log, and D JI Phantom 3 Advanced Instruction Manual). Furthermore, Blue Skies Ahead Inc. will document

and maintai n all maintenance records for the DJI Phantom 3

Advanced UAS. Since the DJI Phantom 3 Advanced UAS will be inspected as prescribed by the operating documents, Blue

Skies Ahead will maintain the equivalent level of safety established by Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2). A copy of the DJI Phantom 3 Advanced User Manuals are attached hereto as Exhibit C; a copy of the DJI

Phantom 3 Advanced UAS Maintenance LOG is attached hereto

as Exhibit E. Likewise, the exemption sought will not adversely affect safety because Blue Skies Ahead , Inc. will use trained technicians to perform maintenance, alterations or preventive maintenance on the UAS using the methods, techniques, and practices prescribed by the operating documents. Furthermore, the exemptio n sought would maintain an equivalent level of safety established by Sections 91.407, 91.417(a) and 91.417(b), because all maintenance of the

DJI Phantom 3 Advanced UAS will be performed by trained

technicians. Maintenance will be documented and maintained utilizing the monthly maintenance log. Significantly, previous exemptions granted by the FAA concerning Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) establish that safety is not adversely affected when the technical

charact eristics and operating limitations of the UAS are

considered. In consideration of Blue Skies Ahead, Inc. proposed operating limitations, the operating documents, and the technical35

aspects of the DJI Phantom 3Advanced UASs, Blue Skies

Ahead submits that saf

ety will not be adversely affected by granting exemption from 14 C.F.R. Sections 91.405(a), 91.407(a)(l) and (a)(2), 91.409(a)(2), and 91.417(a) and (b). The FAA has previously granted relief specific to UAS in

circumstances similar, in all material respec ts, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153,11156,11157,11158,11159,11160, 11161). 7. The FAA May Prescribe Any Other Conditions For Safe Operation. In accordance with Section 333 of the FAA

Modernization and Reform Act of 2012 (FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions, Blue Skies Ahead, Inc. requests that the FAA prescribe special conditions for the intended operation of the DJI Phantom 3 Advanced U AS, which contain such safety standards that the Administrator finds necessary to establish a level of safety equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R §§ 61.113(a) & (b), 91.7 (a), 91.121, 91.151 (b), 91.405(a)

, 91.407(a)(1 ), 91.409(a)(l) & (a)(2), and 91.417(a) & (b). Such special conditions will permit safe operation of the UAs for the limited purpose of conducting aerial video and photography over

certain areas of the United States for compensation or hire. FMRA Section 333 sets forth the requirements for considering

whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security; and further, provides the authority for such UAS to operate without

airworth iness certification in accordance with any requirements

that must be established for the safe operation of the UAS in the

NAS. Likewise, the Administrator may prescribe special conditions pursuant to 14 C.F .R. § 21.16, for operation of the36

DJI Phantom 3 A dvanced UAS, since the airworthiness regulations of 14 C.F .R. Part 21 do not contain adequate or appropriate safety standards, due to the novel or unusual design features of the aircraft. Section 21.16, entitled Special Conditions, states the following: I f the FAA finds that the airworthiness regulations of this subchapter do not contain adequate or appropriate safety standards for an aircraft, aircraft engine, or propeller because of a novel or unusual design feature of the aircraft, aircraft engine or propeller, he prescribes special conditions and amendments thereto for the product. The special conditions are issued in accordance with Part II of this chapter

and contain such safety standards for the aircraft, aircraft engine or propeller as the FAA fin ds necessary to establish a level of safety equivalent to that established in the regulations. See 14 C.F.R. § 21.16. Therefore, in accordance with FMRA Section 333 and 14 C.F.R. § 21.16, the FAA may prescribe special

conditions for Blue Skies Ahead, Inc. intended operation of the

DJI Phantom 3 Advanced UAS, which contain such safety

standards that the Administrator finds necessary to establish a level of safety equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151 (b), 91.405(a), 91.407(a)(1 ), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). F. A Summary That Can Be

Published In The Federal Register, stating: The Rules From Which Blue Skies Ahead, Inc. Seeks Exemption: Blue
Skies Ahead, In c. seeks exemption from the requirements of 14

C.F.R Sections 61.113(a)&(b), 91. 7(a), 91.121, 91.151 (b), 91.405(a), 91.407(a)(l), 91.409(a)(J) & (a)(2), and 91.417(a) & (b). A Brief Description Of The Nature Of The Exemption Blue Skies Ahead, Inc :37

This exemption will permit Blue Skies Ahead, Inc. to commercially operate an Unmanned Aircraft System ( U AS) for the purpose of conducting aerial video and photography over certain areas of the United States. G. Any Additional Information, Views, o r Argumen ts Available To Support Blue Skies Ahead, Inc. r equest. This Petition is made pursuant to the FAA Modernization and Reform Act of

2012 (FMRA) Section 333, which directs the Secretary of

T ransportation to determine if certain UAS may operate safely in the NAS. As such, Blue Skies Ahead, Inc. request for exemption may be granted pursuant to the authority of FMRA Section 333 and 14 C.F.R. Part 11, asset forth above. FMRA Section 333 sets forth the requirements for considering whe ther

a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security; and further, provides the authority for such UAS to operate without airworthiness

certification. As discussed in detail above, Blue Skies Ah ead,

Inc. will operate the DJI Phantom 3 Advanced UAS safely in the NAS, without creating a hazard to users of the NAS, or the public, or otherwise pose a threat to national security.

CONCLUSION As set forth herein, Blue Skies Ahead, Inc. seeks an exemptio n pursuant to 14 C.F.R. § 11.61 and Section 333 of the FAA Modernization and Reform Act of2012 (FMRA), which will permit safe operation of the DJI Phantom 3 Advanced UAS commercially, without an airworthiness certificate, for the limited purpose of conduct ing aerial video and photography over certain areas of the United States. By granting this Petition, the FAA Administrator will be fulfilling the Congressional mandate

of the FAA Modernization and Reform Act of 2012, while also advancing the interests of th e public, by allowing Blue Skies38

Ahead Inc.

, to safely, efficiently, and economically operate the

DJI Phantom 3 Advanced UAS commercially within the NAS. WHEREFORE, in accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of2012, Section 333, Blue Skies Ahead, Inc. respectfully requests that the Administrator grant this Petition for an exemption from the requirements of 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a),

91 .407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), and permit Blue Skies Ahead, Inc. to operate the DJI Phantom 3

Advanced UAS commercially for the purpose of conducting aerial video and photography over certain areas of the United

States.

Dated: May 31 , 2015

Blue Skies Ahead, Inc. Jeffrey T. Louwers

1665 Morningside Dr. Merritt Island, FL 3295239

Appendices: Blue Skies Ahead, Inc. Jeffrey T. Louwers 1665 Morningside Dr. Merritt Island, FL 32952

A

- DJI Phantom 3 Advanced Specifications Data Sheet

B

- DJI Phantom 3 Advanced Manufacturer's User Manual

C

- Monthly Maintenance Log40

APPENDIX

- A

DJI PHANTOM 3 Advanced TECHNICAL SPECIFICATIONS Blue Skies Ahead, Inc. only utilizes safe and reliable UAS. DJI is an industry leader in small UAS production. DJI UASs are loaded with ground breaking software enabling the user to set parameters which will not allow flight into controlled airspace. Parameters can also be set to limit flight to no higher than a predetermined and set altitude as well as limit flight to a predetermined and set distance. In addition, DJI software provides real

- time altitude and location information to the PIC via the linked monitor (smart phone/ta blet devices)4142

Appendix B Phantom 3 Advanced Users Manual

- Attached43 Appendix C