## Blue Sky Flyovers **, Inc.** 

**FAA Exemption**  **Section 333**  **Of the**  **FAA Reform**  **Act and**  **Part 11**  Prepared by R obert Roth , Novem ber 9, 2015 Robert Roth Owner/Operator Blue Sky Flyovers, Inc. 8392 Rambling River Drive Sanford, FL 32771 bob@blueskyflyovers.com (407 ) 324

- 4091November 9, 2015 U.S. Department of Tra

nsportati on Docket Management System 1200 New Jersey Ave, SE Washington, DC 20590 Attention: FAA Administrator
Re: Exemption Request Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations form 14 CFR Part 21; 14 CFR 45.23(b); 14 CFR 61.113 (a) & (b); 14 CFR 91.7 (a); 14 CFR 91.9 (b) (2); 14 CFR 91.103; 14 CFR 91.109; 14 CFR 91.119; 14 CFR 91.121; 14 CFR 91.151 (a); 14 CFR 91.203 (a) & (b); 14 CFR 91.215 (a) & (b); 14 CFR 91.131 (d); 14 CFR 91.405 (a); 14 CFR 407 (a) (1); 14 CFR 409 (a) (2); 14 CFR 417 (a) & (b) Dear Administrator,
Pursuant to the Section 333 ofthe FAA Modernization and Reform Act of 2 0 1 2 (The Reform Act) and 14 CFR Part 11, Blue Sky Flyovers, Inc. (BSF) is the operator of Small Unmanned Aircraft Systems (sUAS) equipped to conduct aerial photography and c inematography services hereby applies for an exemption from the listed Federal Aviation Regulations (FARs) to allow commercial operations of its sUAS so long as such operations are conducted within and under the conditions outlined herein or as may be established by the FAA as required by Section 333. As described in more detail below, the requested exemption would permit the operation of small, unmanned and relatively inexpensive sUAS under controlled conditions in the NAS that is both limited and predetermined. Approval of this exemption would thereby enha

nce safety and fulfill the Secretary of Transportation’s (the FAA Administrator’s) responsibilities to “...establish requirements for the safe operations of such aircraft systems in the national airspace system.” Section 333 (c) of the Reform Act. Regulations from which the exemption is req ue sted : 14 CFR Pa rt 21 14 CFR 45.23 (b ) 14 CFR 61.113 (a) & (b ) 14 CFR 91.7 (a) 14 CFR 91.9 (b) (2) 14 CFR 91.103 14 CFR 91.109 14 CFR 91.119 14 CFR 91.121 14 CFR 91.151 (a) 14 CFR 91.203 (a) & (b ) 14 CFR 91.215 (a) & (b) 14 CFR 91.131 (d) 14 CFR 91 405 (a) 14 CFR 407 (a) (1) 14 CFR 409 (a) (2) 14 CFR 417 (a) & (b )This exemption application is expressly submitted to fulfill Congress’ goal in passing Section 333 (a) through (c) ofthe Reform Act. This law directs the Secreta ry ofTransportation to consider whether certain unmanned aircraft systems 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 is required to determine which types of sUASs do not create a hazard to users ofthe NAS or the public or pose a threat to national security in light ofthe following: The sUAS’s size, weight, speed, and operati onal capability; Operati on o f the sUAS in close proximity to airports and populated areas Operation of the sUAS within visual line of sight (VLOS) of the Pilot/”Operator” Reform Act § 333 (a). Lastly, if the Secretary determines that such vehicles “may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation of such aircraft in the national airspace system.” Id. §333(c). The Federal Aviation Act expressly grants the F AA the authority to issue exemptions. This statutory authority by its terms includes exempting civil aircraft, as the term is defined under §40101 ofthe Act, that includes sUAS’s , from the requirement that all civil aircraft must have a current airworthiness certificate. The Administrator may grant an exemption from the requirement of a regulation prescribed under subsection (a) or (b) of this section or a

ny 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 , and move in the vertical and horizontal plain simultaneously. They will operate only in line of sight ofthe Pilot/”Operator” and will operate with the permission of the 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 the public” as per the Reform Act Section 333 (b). Given the small size ofthe sUAS’s involved and the limited environment within which that will operate, the applicant falls squarely within that z one o f s afety ( an eq uivalent level o f s afety) in whi ch Congre ss envisioned that the F AA must, by exemption, allow commercial operations of sUAS to commence immediately. Also due to the size ofthe sUAS and the limited areas in which the relevant sUAS will operate, approval of the a ppl ication presents no national security issue. Given the clea r direction in Section 333 of the Reform Act, the authority contained in the Federal Aviation Act, as amended; the strong equival ent l evel of safety surrounding the proposed operations, and the significant public b enefit , including enhanced safety with all owing sUAS for commercial aerial videography and photography operations, the grant of the requested exemptions is in the public interest. Accordingly, the applicant respectfully requests that the F AA grant the requested exemption without delay.AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY The applicant proposes that the exemption requested herein apply to civil aircraft that have the characteristics and they operate with the limitations listed herein. These limitations provide for at least and e quivalent or even higher level of safety of operations under the current regul a tory structure because the proposed operations are conducted on closed offproperty under the permission ofthe proper

ty owner or proper

ty repres entative. These limitations and conditions to which BSF agrees to be bound when conducting commercial operations under an F AA issued exemption include: 1. The sUAS will weigh less than 55 lbs. 2. Flights will be operated within visual line of sight (VLOS) of a Pil ot /” Opera tor” a nd/or ob server. 3. Maximum total flight time for each operational flight will be 30 minutes. Flights will be terminated at 20% battery power reserve should that occur prior to the 30 minute limit. 4. Flights will be operated at an altitude of no more than 4 00 feet AGL or, when photo graphing a struct ure taller than 4 00 feet, the sUAS will not be operated more than 100’ above the highest point on the str ucture. 5. Minimum crew for each operation will consist of the sUAS Pilot/”Operator”, and the Visual Obser ver
. 6. sUAS Pilot/”Operator” will be Pilot in Command (PIC). If the Pilot/”Operator” deems another “Pilot/”Operator” “ to be q ualifi ed with the nece ssary skills to be 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 , vehi c les , ve ss e ls , or people not as s oc i ated with the operati on. 8. A briefing will be conducted in regard to the planned sUAS operations prior to each flight activity. It wi l l b e mandatory that a

ll personnel involved with the operational duties of the flight be present for this briefing. 9. Pilot/”Operator” and observer will have been trained in operation of sUAS generally and received up - - ‐to

- - ‐ date information on the particular sUAS 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. Written and/or oral permission from the relevant property holders or property representatives will be obtained. 13. Ifthe sUAS loses communications or loses its GPS signal, the sUAS will have the capability to return to a pre ‐ determined location and land autonomously. 14. The sUAS will have the capability to abort a flight in case of unpredicted obstacles, weather, or emergencies. 14 CFR §91.109: Fl ight In struction
No person may operate a civil aircraft (except a manned free balloon) that is being used for flight inst ruction unless that aircraft has fully functioning dual cont rols. sUAS and remotely piloted aircraft, by their design do not have fully functional dual controls. Fli ght contro l is accomplished through the use of a control box that communicates with the aircraft via radio communication. The F AA has approved exemptions for flight training without full functional dual controls for a number ofaircraft and for flight instruction in experimental aircraft. See Exemption Nos. 5778K & 9862A. The equivalent level ofsafety is provided by the fact the neither a pilot nor passengers will be car ri ed in the aircraf

t and by the siz e and speed o f the aircraft.14 CFR §91.119: Minimum Safe Altitudes Section 91.119 established safe altitudes for operation ofcivil aircraft. Section 91.119 (d) allows that helicopter may be operated at less than the minimums prescribed in paragraph (b) or (c) of this section, provided each pers on operating the helicopter complies with any routes or altitudes specifically prescribed for helicopters by the FAA. As this exemption is for a sUAS that is a helicopter and the exemption requests authority to operate at altitudes up to 4 00 feet AGL, an ex empti on may be needed to allow such operations. As set forth herein, the sUAS will never operate higher that 4 00 AGL with the exception that in circumstances where the sUAS is used to survey or photograph a struct ure who s e height exceeds 4 00 feet AGL, the sUAS will not be operated more than 100 feet above the highest point on the str ucture. The equivalent level of safety will be achieved given the size, weight, speed of the sUAS as well as the lo cation where it is operated. No fli ght will be taken without the permission ofthe property owner. Be cause o fthe advance noti ce to the property owner and other par

ti cipants in the activity, all af

f ected 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 as s ociated with the s e operati ons is far less than tho s e pre s ently pre s ented with conventional aircraft operating at or below 4 00 feet AGL. In addition, the low

‐altitude operations ofthe sUAS will ensure separation between the sUAS operations and the operations of conventional aircraft that must comply with Section 91.119. 14 CFR §91.121 Altimeter Settings This regul a tion requires each person operating an aircraft to maintain cruising altitude by reference to an altimeter that is set “...to the elevation of the departure airport or an appropriate altimeter setting available before departure.” As the sUAS may not have a barometric altimeter, but instead a GPS altit ude readout, and exemption may be needed. An equivalent level ofsafety will be achieved by the Pilot/”Operator”, pursuant to the safety checklist and live flight data monitoring, confirming the altitude of the l aunch site shown on the GPS altitude indicator before flight. 14 CFR §91.151(a): Fuel Requirements for Flight in VFR Conditions Sections 91.151(a) prohibits an individual from beginning “a flight in an airplane under VFR conditions unless (cons idering 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 30 minutes; or (2) at night, to fly after that for at least 45 minutes.” The battery pow ering the sUAS provides less than 30 minutes ofpowered flight. To meet the 30

- minute reserve requirement in 14 CFR §91.151, sUAS flights would be limited to approximately 10 minutes in length. Given the limitations ofthe sUAS’s proposed flight area and the lo c ati on o f its propo s ed operations within a predetermined area, a longer timeframe for flight in daylight or twilight CFR conditions is reasonab l e. Applicant believes that an exemption from 14 CFR §91.151 (a) falls within the scope of prior ex emptions. 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 representative with less than 30 minutes of reserve fuel, does not engender the type of

risk that Section 91.151 (a) was intended to alleviate given the size and speed of the sUAS. Additionally, limiting the sUAS flight to 10 minutes would greatly reduce the utility for which the exemption will be granted.Applicant believes that an equivalent level of safety can be achieved by limiting flights to 30 minutes or 20% of battery power

– whichever happens first. This restriction would be more than adequate to return the sUAS to its planned landing zone from anywhere in its limited operating area. Similar exemptions have been granted to other operations, including Exemptions 2689F, 5745, 10673, and 10808. 14 CFR §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration The regula tion provides in the pertinent pa rt: (a) Except a provided in § 91.715, no person may operate a civil aircraft unless it has within it the following: (1) An appropriate and current airworthiness certificate.

. . . (b) No person may operate a c ivil aircraft unless the airworthiness certificate required by paragraph (a) of this section or a special flight authorization issued under §91.715 is displayed at the cabin or cockpit ent rance so that it is legible to passengers or crew. The sUAS fully loaded weighs less that 55 lbs. and is operated without an onboard pilot. As such, there is no ability to place to carry certification and registration documents or to display them on the sUAS. An equivalent level of safety will be achieved by keeping these documents at the ground control point where the Pilot/”Operator” flying the sUAS will have immediate access to the documents to the extent they are applicable to the sUAS. The F AA has issued numerous exemptions to this regulation. A representative samp l e 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 us e The pertinent section of 91.215 (a) & (b) requires the “(a) All airspace: U.S.

- - ‐ registered civil aircraft. For operations not conducted under part 121 or 135 of this chapter, ATC transponder equipment installed .

. . (b) All airspace. Unless otherwise authorized or directed by ATC, no person may operate an aircraft in the airspace de scribed in paragraphs (b)(1) through (b)(5) o f this s e ction, unless that aircraf t is e quipped with an operable coded radar beacon transponder”.

. . This requirement applies (1) All aircraft. In Class A, Class B, and Class C airspace areas ; (2) All aircraft. In all airspace within 30 nautical miles of an airport listed in appendix D, section 1 of this part from the surface upward to 10,000 feet MSL; Likewise, the pertinent section of91.131 (d); Operating Rule in Class B Airspace (d) other equipment requirements. “No person may operate an aircraft in a Class B airspace area unless the aircraft is equipped with (1) The applicable operating transponder and automatic altitude reporting equipment specified in §91.215 (a)

. . . and (2) After January 1, 2020 , the applicable Automatic Dependent Surveillance

- - ‐Broadcast Out eq uipment specified in §91.225.”Because of the small size and limited lifting capacity of the sUAS, the sUAS cannot be fitted with and operate a transponder and automatic altitude reporting equipment specified in paragraph of 91.215 (a) and (b) and 91.131 (d). An exemption from these requirements is requested. The equivalent level o f safety ca n be assured using the procedu res defined for each class of airsp ace. **Within th**  **e surface**  **areas of** **Class “B”,**  **Class “C”,**  **Class “D”**  **airspace** Within the lateral boundaries ofthe airspace, the Pilot/”Operator” “ will establish 2 way communications with the ATC facility having jurisdiction for that area. The Pilot/”Operator” will provide the lo c ati on (heading and distance) relative to the center of the airspace and request cl earance to “M aneuver” above that location at or below 4 00 feet AGL. The Pilot/”Operator” will be responsible for “see and avoid” traffic conflicts. The Pil ot/”Operator” will at all times yield right of way to ANY and ALL manned flight operations. All operations within 2 miles ofthe primary airport will be pre --‐arranged with that contro lling 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. 14 CFR §91.405 (a); 407 (a) (1); 409 (a) (2); 417 (a) & (b): Maintenance Inspections These regul ations require that an aircraft operator or owner “shall have that aircraf t inspected as prescribed in subpar t E of this par t and shall between required inspections, except as provided in paragraph (c) ofthis s ection, have discrepancies repaired as prescribed in par

t 43 ofthis chapter...,” and others shall inspect or maintain the aircraft in compliance with Part 43. Given that these sections and Part 43 a pply only to aircraft with an airworthiness certificate, these sections will not apply to the applicant. Maintenance will be accomplished by the Pilot/”Operator” pursuant to the flight manual and operating and handbook. An equivalent level of safety will be achieved because these small sUASs are very limited in size and will carry small payload and operate only in limited areas for short periods oftime. If mechani cal issues arise the sUAS will land immediately and will be operating from no higher than 4 00 feet AGL. The Pilot/”Operator” will ensure that the sUAS is in working order prior to initiating flight, perform required maintenance, and keep a log of any maintenance performed. M oreover , the Pilot/”Operator” is the person most familiar with the aircraft and is best suited to maintain the aircraft in an airworthy condition to provide the equivalent level of safety. An equivalent level o f s afety will be achi eved beca us e maintenance and inspections will be performed and accordance with the sUAS manufacturer’s manual, as referenced in the Aircraft Operations Manual. As provided in the Operations Manual, the Pilot/”Operator” will ensure that the sUAS is in working order prior to initiating flight and perform required maintenance needed. Summary
Pursuant to 14 CFR Part 11, the following summary is provided for publication in the Federal Register, should it be determined that publication is needed: Applicant seeks an exemption from the following rules: 14 CFR Part 21, subpart H; 14 CFR 45.23(b); 14 CFR 61. 113 (a) & (b ); 14 CFR 91.7 (a); 14 C FR 91.9 (b) (2); 14 C FR 91.103; 14 C FR 91.109; 14 C FR 91.119; 14 CFR 91.121; 14 CFR 91.151 (a); 14 CFR 91.203 (a) & (b ); 14 CFR 91.215 (a) & (b ); 14 CFR 91.131 (d); 14 CFR 91.405 (a); 14 CFR 407 (a) (1); 14 CFR 409 (a) (2); 14 CFR 417 (a) & (b) to commercially operate a small , unmanned vehicle (55 lbs. or less) equipped to conduct aerial photography and cinematography services. Approval ofexemptions allowing commercial operations of sUAs to conduct aerial photography and cinematography s ervices will enhance safet

y by reducing risk. Conventional photography operations, 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 ofjet 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 combustible fuel carried on board. The sUAS is carried to the location. The sUAS will car ry no pas s engers 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 of safety supporting the granting of the exemptions requested herein, including exempting the applicant from the requirements of Part 21 and allowing commercial operations. These lightweight aircraft operate at slow speeds, close to theground but under 4 00 feet AGL, and within the limited area and, as a result, are far safer than conventional flight operations conducted with turbine helicopters operating in close proximity to the ground and people. Privacy All flights will occur over private or controlled access property with the property representative or owner’s prior consent and knowledge. Filming will be ofpeople who have also consented to being filmed 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 laws regarding privacy. Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012

—size, weight, speed, operating capab iliti e s , 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 requested exemptions allowing commercial operation ofapplicants sUAS in the aerial photography and cinematography services industry. Sincerel y, 

# Robert Y. Roth Blue Sky Flyovers, Inc. President/Owner/Chief Pilot
Attachment: DJ I Phantom 2 Vision + and 3DR Solo Checklists, Cautions and Warnings and Emergency Procedures M anual.