Blue Sky Flyovers, Inc.

FAA Exemption

Section 333

Of the

FAA Reform Act and Part 11

Prepared by

Robert Roth,

November 9, 

2015

Robert Roth Owner/Operator

Blue Sky Flyovers, Inc.

8392 Rambling River Drive

Sanford, FL 32771

bob@blueskyflyovers.com

(407) 324-4091
November 9, 2015

U.S. Department of Transportation

Docket Management System 

1200NewJerseyAve,SE

Washington, DC 20590

Attention: FAA Administrator

Re: Exemption Request Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulationsform14CFR

Part21;14CFR45.23(b);14CFR61.113(a)&(b);14CFR91.7(a);14CFR91.9 (b)(2);14CFR91.103;14CFR

91.109;14CFR91.119;14CFR91.121;14CFR91.151(a);14CFR91.203 (a)&(b);14CFR91.215(a)&(b);14

CFR91.131(d);14CFR91.405(a);14CFR407(a)(1);14CFR409 (a)(2);14CFR417(a)&(b)

Dear Administrator,

PursuanttotheSection333oftheFAAModernizationandReformActof 2 012(TheReformAct)and14 CFR Part 11, Blue 

Sky Flyovers, Inc. (BSF) is the operator of Small Unmanned Aircraft Systems (sUAS) equipped to conduct aerial photography

and cinematography services hereby applies for an exemption fromthelisted Federal Aviation Regulations(FARs)toallow

commercialoperationsof its sUASsolong as such operations are conducted within and underthe conditions outlined herein

or as may be established bythe FAAasrequired by Section333. 

As described in more detail below, the requested exemption would permit the operation ofsmall, unmanned and relatively

inexpensive sUAS under controlled conditions in the NAS that is both limited and predetermined. Approval ofthis exemption

would thereby enhance safety and fulfill the Secretary of Transportation’s(the FAA Administrator’s) responsibilitiesto

“...establish requirementsfor the safe operations ofsuch aircraftsystemsin the national airspace system.” Section 333 (c) of the

Reform Act.

Regulations from which the exemption is requested:

14CFRPart 21

14CFR45.23(b)

14CFR61.113(a)&(b)

14 CFR 91.7 (a)

14CFR91.9 (b)(2)

14CFR91.103

14CFR91.109

14CFR91.119

14CFR91.121

14 CFR 91.151 (a)

14CFR91.203(a)&(b)

14CFR91.215(a)&(b)

14CFR91.131(d)

14CFR91405 (a)

14CFR407 (a)(1)

14CFR409 (a)(2)

14CFR417(a)&(b)
This exemption application is expressly submitted to fulfill Congress’ goal in passing Section 333 (a) through(c)ofthe

ReformAct.ThislawdirectstheSecretaryofTransportationtoconsiderwhether certain unmanned aircraftsystems may

operate safely in the national airspace system (NAS) before completion of the rulemaking required under Section 332 of the

Reform Act. In making this determination, the Secretary isrequired to determine which types ofsUASs do not create a hazard

to usersoftheNASorthepublicor pose a threattonationalsecurityinlightofthe following:

 The sUAS’s size, weight, speed, and operational capability;

 Operation of the sUAS in close proximity to airports and populated areas

 Operation of the sUAS within visual line ofsight (VLOS) of the Pilot/”Operator”

Reform Act § 333 (a). Lastly, if the Secretary determinesthatsuch vehicles “may operate safely in the national airspace system,

the Secretary shall establish requirements for the safe operation of such aircraft inthenationalairspacesystem.”Id.§333(c).

TheFederalAviationActexpresslygrantstheFAAthe authoritytoissue exemptions.Thisstatutory authoritybyitsterms

includesexemptingcivilaircraft,asthetermisdefinedunder§40101oftheAct, thatincludessUAS’s,fromthe

requirementthatallcivilaircraft must haveacurrent airworthiness certificate.

The Administrator may grant an exemption from the requirement of a regulation prescribed under subsection (a) or (b) of

this section or any sections 44702--‐44716 of this title if the Administrator finds the exemption in the public interest. 49

U.S.C §44701(f) See also 49 USC §44744(a); 49 USC §44704l 14 CFR§91.203 (a) (1).

Blue Sky Flyovers, Inc. UASs are rotorcraft weighting 55 or fewer lbs. including payload. They operate under normal

conditions at a speed of no more that 50 kts and have the capability to hover, andmove intheverticalandhorizontalplain 

simultaneously.Theywilloperateonlyinlineofsightofthe Pilot/”Operator” and will operate with the permission ofthe

property owner or a representative. Such operations will insure that the sUAS will “not create a hazard to users of the national

airspace system or thepublic” aspertheReformActSection333(b).

GiventhesmallsizeofthesUAS’sinvolvedandthelimitedenvironmentwithinwhichthatwilloperate, the applicant falls

squarely within that zone of safety (an equivalent level ofsafety) in which Congress envisioned that the FAAmust, by

exemption, allow commercial operations ofsUAS to commence immediately.Alsodue tothe sizeofthe sUASandthe

limitedareasinwhichthe relevantsUASwill operate, approval of the application presents no nationalsecurity issue. Given

the clear direction in Section 333 oftheReformAct, the authority contained in the FederalAviation Act, as amended; the

strong equivalent level ofsafety surrounding the proposed operations, and the significant public benefit, includingenhanced

safetywithallowingsUASfor commercialaerialvideographyandphotography operations, the grant ofthe requested

exemptionsisin the public interest. Accordingly, the applicant respectfully requeststhat the FAA grant the requested

exemption without delay.
AIRCRAFTANDEQUIVALENTLEVELOFSAFETY

The applicant proposesthat the exemption requested herein apply to civil aircraft that have the characteristicsandtheyoperate

withthelimitationslistedherein.Theselimitationsprovideforatleast and equivalent or even higher level ofsafety of

operations under the current regulatory structure becausetheproposedoperations are conductedonclosedoffpropertyunder

thepermissionofthe property owner or property representative.

These limitations andconditionstowhichBSFagreestobeboundwhenconductingcommercial operations under an FAA

issued exemption include:

1. ThesUASwillweighlessthan55lbs.

2. Flights will be operated within visual line of sight (VLOS) of a Pilot/”Operator” and/or observer.

3. Maximumtotalflighttimeforeachoperationalflightwillbe30minutes.Flightswillbeterminated at 20%battery

powerreserve should that occur priorto the 30minute limit.

4. Flights will be operated at an altitude of no more than 400 feet AGL or, when photographing a structure taller

than 400 feet, the sUAS will not be operated more than 100’ above the highest pointonthestructure.

5. Minimumcrew for each operation will consist ofthe sUAS Pilot/”Operator”, and the Visual Observer.

6. sUAS Pilot/”Operator” will be Pilot in Command (PIC). If the Pilot/”Operator” deems another “Pilot/”Operator” “ tobe

qualifiedwiththe necessary skillstobe the “Pilot/”Operator”,that person can also be designated as “Pilot/”Operator” “

provided they have a minimum of 40 hours of flight time with the sUAS.

7. Flights will be operated at a lateral distance of at lest 50 feet from any inhabited structures, buildings, vehicles, vessels,

or people not associated with the operation.

8. A briefing will be conducted in regard to the planned sUAS operations prior to each flight activity. Itw i l l b e 

mandatorythat al l personnelinvolved with the operational dutiesof the flight be present for this briefing.

9. Pilot/”Operator”andobserver will have been trained inoperationofsUAS generallyand received up--‐to--‐date

information on the particularsUAS to be operated.

10. The “Pilot/”Operator” “ will have at least a class 3 medical certificate or current drivers license.

11. Observer and Pilot/”Operator” will at all times be able to communicate by voice, radio, and/or text.

12. Writtenand/ororalpermission from the relevant property holders or property representatives

will be obtained.

13. Ifthe sUASloses communicationsorlosesitsGPSsignal,the sUASwillhavethecapabilityto returntoapre‐

determinedlocationandlandautonomously.

14. The sUAS will have the capability to abort a flight in case of unpredicted obstacles, weather, or emergencies.

14CFR§91.109:FlightInstruction

No person may operate a civil aircraft(except a manned free balloon)that is being used forflight instructionunlessthataircraft

hasfullyfunctioningdualcontrols.

sUASand remotely pilotedaircraft,bytheirdesigndonot havefullyfunctionaldual controls. Flightcontrolis

accomplished throughthe use of a control box that communicateswith the aircraft via radio communication. The FAA has

approved exemptions for flight training without full functional dual controlsforanumberofaircraftandforflight

instructioninexperimentalaircraft.SeeExemptionNos. 5778K&9862A.Theequivalentlevelofsafetyisprovidedbythe

facttheneitherapilotnorpassengers willbecarriedintheaircraftandbythesizeandspeedoftheaircraft.
14CFR§91.119:MinimumSafeAltitudes

Section91.119establishedsafealtitudesforoperationofcivilaircraft.Section91.119(d)allowsthat helicopter may be

operated at lessthan the minimums prescribed in paragraph (b) or (c) of thissection, provided each person operating the

helicopter complies with any routes or altitudesspecifically prescribedforhelicoptersbytheFAA.Asthisexemptionisfora

sUASthatisahelicopterandthe exemption requests authority to operate at altitudes up to 400 feetAGL, an exemptionmay be

needed to allowsuchoperations.Assetforthherein,the sUASwillneveroperatehigherthat400AGLwiththe exception

that in circumstances where the sUAS is used to survey or photograph a structure whose height exceeds 400 feet AGL, the

sUAS will not be operated more than 100 feet above the highest point on the structure.

The equivalent level ofsafety will be achieved given the size, weight,speed of the sUAS as well asthe locationwhereitis

operated.Noflightwillbetakenwithoutthepermissionofthepropertyowner. Becauseofthe advancenotice totheproperty

owner andotherparticipantsinthe activity, all affected individuals will be aware of the planned flight operations. Compared to

flight operations with aircraft or rotorcraft weighing far more than the maximum 55 lbs. proposed herein and the lack of

flammable fuel, any risk associated with these operations is far less than those presently presented with conventional aircraft

operatingatorbelow400feetAGL.Inaddition,thelow‐altitudeoperationsofthesUASwill ensure separation between the

sUAS operations and the operations of conventional aircraft that must comply with Section 91.119.

14CFR§91.121 Altimeter Settings

This regulation requires each person operating an aircraft to maintain cruising altitude by reference to an altimeterthat isset

“...to the elevation of the departure airport or an appropriate altimetersetting availablebeforedeparture.”AsthesUASmaynot

haveabarometricaltimeter,butinsteadaGPSaltitude readout,andexemptionmaybeneeded.Anequivalentlevelofsafetywillbe

achievedbythe Pilot/”Operator”,pursuanttothe safetychecklist andlive flightdatamonitoring, confirmingthe altitude of the

launch site shown on the GPS altitude indicator before flight.

14CFR§91.151(a): FuelRequirementsfor Flight in VFRConditions

Sections 91.151(a) prohibits an individual from beginning “a flight in an airplane 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 – (1) During the day, to fly after that for at least 30minutes;or(2) atnight,toflyafterthatfor atleast45

minutes.”

ThebatterypoweringthesUASprovideslessthan30minutesofpoweredflight.Tomeetthe30-minute reserve requirement

in 14CFR§91.151,sUASflightswould be limited to approximately 10minutesin length.Given the limitations ofthe

sUAS’s proposed flight area and the location ofits proposed operations within a predetermined area, a longer timeframe for

flight in daylight or twilight CFR conditionsisreasonable.

Applicant believes that an exemption from 14 CFR §91.151 (a) falls within the scope of prior exemptions. See Exemption

10673 (allowing Lockheed Martin Corporation to operate without compliance with FAR 91.151 (a)). Operating the sUAS, in

a limited area where only people and property owners or representativewithlessthan30minutesofreservefuel,doesnot

engenderthetypeofriskthatSection 91.151 (a) was intended to alleviate given the size and speed of the sUAS. Additionally,

limiting the sUAS flightto10minuteswouldgreatlyreducetheutilityforwhichtheexemptionwillbegranted.
Applicant believesthat an equivalent level ofsafety can be achieved by limiting flightsto 30 minutes or 20%ofbatterypower

–whicheverhappensfirst.Thisrestrictionwouldbemorethanadequatetoreturn thesUAS toitsplannedlandingzonefrom

anywhereinitslimitedoperatingarea.Similarexemptions have been granted to other operations, including Exemptions

2689F, 5745, 10673, and 10808.

14CFR§91.203(a)and(b):CarryingCivilAircraftCertificationandRegistration

The regulation providesinthepertinentpart:

(a) Exceptaprovidedin§91.715,nopersonmayoperate a civilaircraftunlessithaswithinitthe following: (1)

An appropriate and current airworthiness certificate. . . .

(b) No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) of thissectionor a

specialflight authorization issued under§91.715isdisplayedatthecabinorcockpit entrance so that it is legible to

passengers or crew.

ThesUASfullyloadedweighslessthat55lbs.andisoperatedwithoutanonboardpilot.Assuch,thereis no ability to place to

carry certification and registration documents or to display them on the sUAS.

An equivalentlevel ofsafetywill be achieved by keeping these documents atthe ground control point wherethePilot/”Operator”

flyingthesUASwillhaveimmediateaccesstothedocumentstotheextent they are applicable to the sUAS. The FAA has issued

numerous exemptions to this regulation. A representative sample of other exceptions includes Exemption Nos. 9565, 9665,

9789, 9789A, 9797 9797A, and 10700.

14 CFR §91.215 (a) and (b); 14 CFR §91.131 (d); ATC transponder and altitude reporting equipment and use

The pertinentsectionof 91.215(a)&(b)requiresthe“(a)Allairspace:U.S.--‐registeredcivilaircraft.For operations not

conducted under part 121 or 135 of this chapter, ATC transponder equipment installed . . .

(b) Allairspace.UnlessotherwiseauthorizedordirectedbyATC,nopersonmayoperateanaircraftinthe airspace

described in paragraphs (b)(1) through (b)(5) of this section, unless that aircraft is equipped with an operable coded radar beacon

transponder”. . .

Thisrequirementapplies

(1) All aircraft.In Class A,Class B, and Class C airspace areas;

(2) All aircraft.In all airspacewithin 30 nauticalmiles of an airportlisted in appendixD,section 1 ofthis partfromthe

surfaceupwardto10,000feetMSL;

Likewise,thepertinentsectionof91.131(d);OperatingRuleinClassBAirspace

(d) other equipment requirements.

“No personmay operate an aircraftin aClassBairspace area unlessthe aircraftis equipped with

(1) Theapplicableoperatingtransponderandautomaticaltitudereportingequipmentspecifiedin

§91.215(a)...and

(2) AfterJanuary 1, 2020 , the applicable Automatic Dependent Surveillance--‐Broadcast Out equipment specified in §91.225.”
Because of the smallsize and limited lifting capacity of the sUAS, the sUAS cannot be fitted with and operate a transponder

andautomatic altitude reportingequipmentspecifiedinparagraphof91.215(a) and (b) and 91.131 (d). An exemption from

these requirements is requested. The equivalent level of safetycanbeassuredusingtheproceduresdefinedforeachclassof

airspace.

WithinthesurfaceareasofClass“B”,Class“C”,Class“D”airspace

Withinthe lateralboundariesofthe airspace,thePilot/”Operator” “will establish2waycommunications with the ATC facility

having jurisdiction for that area. The Pilot/”Operator” will provide the location (heading and distance)relative to the center of the

airspace and request clearance to “Maneuver” above that location at or below 400 feet AGL. The Pilot/”Operator” will be 

responsible for “see and avoid” traffic conflicts. The Pilot/”Operator” will at all times yield right of way to ANY and ALL

manned flight operations.Alloperationswithin2milesoftheprimaryairportwillbe pre--‐arrangedwiththatcontrolling

facility. Any and all restrictions placed on the operations will be complied with so that all manned operations can be conducted

without negatively impacting flight safety.

14CFR§91.405 (a); 407 (a)(1); 409 (a)(2); 417 (a)&(b):Maintenance Inspections

These regulationsrequire that an aircraft operator or owner “shall have that aircraft inspected as prescribed in subpart E of this

part and shall between required inspections, except as provided in paragraph(c)ofthissection,havediscrepanciesrepairedas

prescribedinpart43ofthis chapter...,” and othersshallinspectormaintaintheaircraftincompliancewithPart43.

Given that these sections and Part 43 apply only to aircraft with an airworthiness certificate, these sections will not apply to the

applicant. Maintenance will be accomplished by the Pilot/”Operator”pursuanttothe flightmanual andoperatingandhandbook.

Anequivalentlevelofsafetywillbe achieved becausethesesmallsUASsareverylimitedinsizeandwillcarrysmallpayload

andoperateonlyin limitedareasforshortperiodsoftime.IfmechanicalissuesarisethesUASwill landimmediatelyand

will be operating from no higher than 400 feet AGL. The Pilot/”Operator” will ensure that the sUAS isin working order prior

to initiating flight, perform required maintenance, and keep a log of any maintenance performed. Moreover, the

Pilot/”Operator” isthe person most familiar with the aircraft and is bestsuited to maintain the aircraft in an airworthy

condition to provide the equivalent level ofsafety. An equivalent level of safety will be achieved because maintenance and

inspections will be performed and accordance with the sUASmanufacturer’smanual, asreferenced in theAircraftOperations

Manual.As provided in the Operations Manual, the Pilot/”Operator” will ensure that the sUAS is in working order prior to

initiatingflight andperformrequiredmaintenanceneeded.

Summary

Pursuantto14CFRPart11,thefollowingsummaryisprovidedfor publicationintheFederalRegister, should it be

determined that publication is needed:

Applicantseeks an exemptionfromthe followingrules: 14CFRPart 21,subpartH; 14CFR45.23(b); 14 CFR61.113(a)

&(b);14CFR91.7(a);14CFR91.9(b)(2);14CFR91.103;14CFR91.109;14CFR

91.119;14CFR91.121;14CFR91.151(a);14CFR91.203(a)&(b);14CFR91.215(a)&(b);14CFR

91.131(d);14CFR91.405(a);14CFR407(a)(1);14CFR409(a)(2);14CFR417(a)&(b)to

commerciallyoperate a small,unmannedvehicle (55lbs. orless) equippedtoconduct aerialphotography and cinematography

services.

Approvalof exemptions allowingcommercialoperationsofsUAstoconduct aerialphotographyand cinematographyservices

will enhance safetybyreducingrisk.Conventionalphotographyoperations, using jet or piston powered aircraft, at extremely

low altitudes, often very close to the subject being filmed and in close proximity to people and structures; and present the

risks associated with vehicles that exceed 3,000 lbs., carrying large amounts of jet A or other fuel. In contrast, a sUAS

weighing fewer than 55 lbs. and powered by batteries eliminates virtually all of the risk given the reduced mass and lack of

combustiblefuelcarriedonboard.ThesUASiscarriedtothelocation.ThesUASwillcarrynopassengers or crew and,

therefore, will not expose them to the risks associated with manned aircraft flights.

The operation of small sUASs, weighing less than 55 lbs., conducted in the conditions outlined above, will provide an

equivalent level ofsafety supporting the granting ofthe exemptionsrequested herein, including exempting the applicantfrom

the requirements of Part 21 and allowing commercial operations. These lightweight aircraft operate atslow speeds, close to the
ground but under 400 feet AGL, and within the limited area and, as a result, are farsafer than conventional flight operations

conducted with turbine helicopters operating in close proximity to the ground and people.

Privacy

Allflightswilloccuroverprivateorcontrolledaccesspropertywiththepropertyrepresentativeor owner’sprior consent and

knowledge.Filmingwillbeofpeoplewhohave alsoconsentedtobeingfilmed or otherwise have agreed to be in the area where

filming will take place.

All flights will occur in accordance with any state or local lawsregarding privacy.

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

proximity to airports and populated areas and operations within visual line of sight (VLOS) and national security – provide

more than adequate justification for the granting of the requestedexemptions allowingcommercialoperationof applicants

sUASinthe aerialphotographyand cinematography servicesindustry.

Sincerely,

Robert Y. Roth

Blue Sky Flyovers, Inc.

President/Owner/Chief Pilot

Attachment: DJI Phantom 2 Vision + and 3DR Solo Checklists, Cautions and Warnings and Emergency

Procedures Manual.