BlueSky Data Systems, LLC Unmanned FMRA Section 333 Exemption Request

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UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION, DOCKET OPERATIONS

WEST BUILDING GROUND FLOOR, ROOM W12-140

1200 NEW JERSEY AVENUE, SE

WASHINGTON, DC 20590

Regulatory Docket No. _______________

IN THE MATTER OF THE PETITION FOR EXEMPTION OF:

BLUESKY DATA SYSTEMS, LLC

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF 

TITLE 14 OF THE CODE OF FEDERAL REGULATIONS

SECTIONS 61.23 (a) and (c), 61.101 (e) (4) and (5), 61.113(a) & (b), 61.315 (a), 91.7(a), 

91.119 (c), 91.121, 91.151(a) (1), 91.405(a), 91.407(a)(1), 91.409(a) (1) & (2), 91.417(a) & (b) 

CONCERNING COMMERCIAL OPERATION OF DJI PHANTOM 3 PROFESSIONAL, 

LOCKHEED MARTIN INDAGO, SENSE FLY eBEE, AND TRIMBLE UX5 HP 

UNMANNED AIRCRAFT SYSTEMS

PURSUANT TO SECTION 333 OF

THE FAA MODERNIZATION AND REFORM ACT OF 2012 

(PUBLIC LAW 112-95)

Submitted on November 23, 2015

Randy k. Braun

Randy K. Braun

BlueSky Data Systems, LLC

3177 Latta Road, Suite 180

Rochester, NY 14612

Tel: (585) 659-4004
BlueSky Data Systems, LLC Unmanned FMRA Section 333 Exemption Request

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November 23, 2015

U.S. Department of Transportation

Docket Operations

1200 New Jersey Avenue, SE

West Building Ground Floor, Room Wl2-140,

Washington, DC 20590

Re: Petition of BlueSky Data Systems, LLC for an Exemption Pursuant to Section

333 of the FAA Modernization and Reform Act of 2012 to Operate Unmanned

Aircraft Systems

Dear Sir or Madam:

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

and 14 C.F.R. Part 11, BlueSky Data Systems, LLC, (BlueSky Data) seeks an exemption from 

the Federal Aviation Regulations identified below to allow for the commercial operation of the;

DJI Phantom 3 Professional, ("Phantom 3 Professional "), Lockheed Martin Indago (“Indago”), 

Sense Fly eBee, (“eBee”), and Trimble UX5 HP (“UX5 HP”) (collectively, the “sUAS”) 

unmanned aircraft systems for aerial data collection. BlueSky Data requests that the FAA review 

this petition pursuant to its "summary grant" process as the FAA has already granted exemptions 

similar in all material respects to this petition to use the Phantom 3 Professional, Lockheed 

Martin Indago, Sense Fly eBee, and Trimble UX5 HP for aerial data collection. 

See reasons stated by FAA Grant of Exemption No.11062, 11331, 11446, 11906, 11110A, 

11136, 11481, and 11447, after review and in determining that the UAS BlueSky Data seeks to 

operate are similar in size, weight, operating conditions, design safety features, and will be 

operated under specific limitations described herein and in the attached appendices based on this 

BlueSky Data is not seeking an exemption from 14 CFR part 21 subpart H, and 14 C.F.R Part 27 

and any noise certification and testing requirements of Part 36. Should it be determined by the 

FAA that these exemptions are needed BlueSky Data will resubmit a petition for their 

exemption.

Randy K. Braun

Randy k. Braun

President & CEO

BlueSky Data Systems, LLC

2177 Latta Rd., #180

Rochester, NY 14612

Tel: +1 (585) 659.4004

BlueSkyData@twc.com
BlueSky Data Systems, LLC Unmanned FMRA Section 333 Exemption Request

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TABLE OF CONTENTS

 Page 

GLOSSARY OF ABBREVIATIONS...................................................................................4

SUMMARY...........................................................................................................................5

INTRODUCTION AND INTERESTS OF PETITIONER...................................................6

PROPOSED AERIAL VEHICLES..................................................................................... 8

NAME AND ADDRESS OF PETITIONER........................................................................9

BASIS FOR PETITION..................................................................................................9, 10

THE REASONS WHY GRANTING BLUESKY DATA SYSTEMS, LLC REQUEST 

WOULD BE IN THE PUBLIC INTEREST.......................................................................11

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT 

ADVERSELY AFFECT SAFETY................................................................................11-12

THE EXTENT OF RELIEF BLUESKY DATA SYSTEMS, LLC SEEKS AND THE 

REASON BLUESKY DATA SYSTEMS, LLC SEEKS THE RELIEF............................12 

THE SECTIONS OF 14 C.F.R. FROM WHICH BLUESKY DATA SYSTEMS, LLC 

SEEKS EXEMPTION...................................................................................................12-15

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER.............15

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE 

TO SUPPORT BLUESKY DATA SYSTEMS, LLC REQUEST.............................16

CONCLUSION..................................................................................................................16

APPENDICES...................................................................................................................17
BlueSky Data Systems, LLC Unmanned FMRA Section 333 Exemption Request

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GLOSSARY OF ABBREVIATIONS

AGL Above Ground Level

AOI Area of Interest

ATC Air Traffic Control

ATO Air Traffic Organization

AV Aerial Vehicle

CFR Code of Federal Regulations

COA Certificate of Authorization

FAA Federal Aviation Administration

FAR Federal Aviation Regulation 

GCS Ground Control Station 

GPS Global Positioning System

LOL Loss of Link 

NAS National Airspace System

NOTAM Notice to Airman

PIC Pilot In Command

Section 333 FAA Modernization and Reform Act of 2012 (FMRA) Section 333

SO Safety Observer

SOP Standard Operating Procedures

UA Unmanned Aircraft

UAS Unmanned Aircraft System

VFR Visual Flight Rules

VLOS Visual Line of Site

VMC Visual Meteorological Conditions

VTOL Vertical Takeoff and Landing
BlueSky Data Systems, LLC Unmanned FMRA Section 333 Exemption Request

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SUMMARY

BlueSky Data Systems, LLC, (BlueSky), seeks an exemption from the Federal Aviation 

Regulations identified below to allow for the commercial operation of the; DJI Phantom 3 

Professional, ("Phantom 3 Professional "), Lockheed Martin Indago Quad (“Indago”), 

Sense Fly eBee, (“eBee”), and Trimble UX5 HP (“UX5 HP”) (collectively, the “sUAS”)

unmanned aircraft systems for aerial data collection. BlueSky Data requests that the FAA review 

this petition pursuant to its "summary grant" process as the FAA has already granted exemptions 

similar in all material respects to this petition to use the Phantom 3 Professional, Lockheed 

Martin Indago, Sense Fly eBee, and Trimble UX5 HP for aerial data collection. See FAA Grant 

of Exemption No.11331, 11446, 11906, 12785, 12942, and 12962. The reasons stated by the 

FAA in granting the exemptions listed above also apply to this petition, and the grant of this 

petition is in the public interest.

REGULATIONS FOR WHICH EXEMPTION IS REQUESTED

BlueSky requests exemption from the following regulations:

• 14 C.F.R § 61.23 (a) and (c);

• 14 C.F.R § 61.101 (e) (4) and (5);

• 14 C.F.R § 61.113 (a);

• 14 C.F.R § 61.315 (a);

• 14 C.F.R § 91.7 (a);

• 14 C.F.R § 91.9 (b) (2);

• 14 C.F.R § 91.103;

• 14 C.F.R § 91.109 (a).

• 14 C.F.R § 91.119 (c);

• 14 C.F.R § 91.121;

• 14 C.F.R § 91.151 (a) & (b) (1);

• 14 C.F.R § 91.203 (a) & (b);

• 14 C.F.R § 91.405(a);

• 14 C.F.R § 91.407(a)(1);

• 14 C.F.R § 91.409(a)(2);

• 14 C.F.R § 91.417 (a) & (b).

BlueSky Data Systems, LLC seeks the above exemption to operate an Unmanned Aircraft 

System pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA) to 

permit BlueSky Data Systems, LLC to operate Unmanned Aircraft System (UAS) for the 

commercial purpose of aerial imaging for; data collection, inspections, mapping, monitoring, 

surveying, security of infrastructure, conducting aerial video, event photography, real estate

photography, construction site and structure inspection, special events, film sets, and landscape 

over certain areas of the United States. 
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INTRODUCTION AND INTERESTS OF THE PETITIONER

BlueSky Data Systems, LLC provides its clients with expertise and knowledge in 

advanced technologies and solutions to increase efficiency, productivity and effectiveness. 

BlueSky Data Systems, LLC commercial operation of the sUAS as described herein, which is 

equipped with camera(s) and sensors would operate to provide its clients with the highest quality 

digital content for use in their commercial, personal, and non-profit multimedia projects. 

BlueSky Data Systems, LLC personnel has over 10 years of professional business experience in;

site inspection services, construction, design, environmental erosion services and over 3 years 

recreational/hobby experience in all aspects of aerial video and photography. The objective of 

BlueSky Data Systems, LLC aerial data collection operation is to provide high quality imaging 

for a variety of commercial uses targeting aerial imaging for; data collection, aerial inspections, 

mapping, monitoring, surveying, security of infrastructure, conducting aerial video, event 

photography, real estate photography, construction site and structure inspection, agriculture and 

operations in the energy industry, aerial inspection/photography of residential/commercial 

structures under contract with the owners or local government authority including but not limited 

to electrical power lines, wind turbines and cell towers, special events, film sets, and landscape 

over certain areas of the United States.
BlueSky Data Systems, LLC Unmanned FMRA Section 333 Exemption Request

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PROPOSED AERIAL VEHICLES

1. Unmanned Aircraft Systems: DJI Phantom 3 Professional UAS

BlueSky Data Systems, LLC seeks an exemption to operate DJI systems for compensation or hire within 

the NAS. The DJI Phantom 3 Professional 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 has a maximum gross weight of 2 pounds 13.1 ounces, a length of 16.2 inches, width of 16.6 

inches, height of 10.5 inches, and a maximum speed of approximately 31.1 knots. The DJI Phantom 3 UA 

is equipped with four main rotors; Driven by Lithium Polymer battery powered electric motors. The DJI 

Phantom 3 UA that will be operated by BlueSky Data Systems, LLC and 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 

marked in accordance with 14 C.F.R. Part 45, Identification and Registration Marking. 

 2. Unmanned Aircraft Systems: Lockheed Martin Indago Quadrotor UAS

BlueSky Data Systems, LLC seeks an exemption to operate Indago systems for compensation or hire 

within the NAS. The Lockheed Martin Indago is a vertical takeoff and landing (VTOL) Unmanned 

Aircraft (UA) with a Ground Control Station (GCS) utilizing electronic tablet or smart phone systems. 

The Lockheed Martin Indago has a maximum gross weight of 2 pounds 13.1 ounces, a length of 16.2 

inches, width of 16.6 inches, height of 10.5 inches, and a maximum speed of approximately 31.1 knots. 

The Lockheed Martin Indago UA is equipped with four main rotors; Driven by Lithium Polymer battery

powered electric motors. The Lockheed Martin Indago UA that will be operated by BlueSky Data 

Systems, LLC and 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 marked in accordance with 14 C.F.R. Part 45, 

Identification and Registration Marking.

 3. Unmanned Aircraft Systems: Timble UX5 HP UAS

BlueSky Data Systems, LLC seeks an exemption to operate Trimble UX5 HP system for compensation or 

hire within the NAS. The Trimble UX5 HP is a Fixed Wing catapult launch takeoff and belly landing 

Unmanned Aircraft (UA). The Trimble UX5 HP includes an integrated Trimble GNSS receiver, with a 

Ground Control Station (GCS. The Trimble UX5 HP has a maximum gross weight of (6.4 lb) pounds, a 

maximum payload of 5.1lb, a wingspan of 39.4 in, overall dimension of 39.4 x 26 x 4.1 in, and a cruise

speed of approximately 53 mph. The Trimble UX5 HP UA is equipped with an electric pusher 

propeller, brushless 1400 W motor; driven by a14.8 V, 6600 mAh battery powered electric motor. The 

Trimble UX5 HP UA that will be operated by BlueSky Data Systems, LLC and 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 marked in accordance with 14 C.F.R. Part 45, Identification and Registration Marking.

 4. Unmanned Aircraft Systems: Sense Fly eBee UAS

BlueSky Data Systems, LLC seeks an exemption to operate Sense Fly eBee systems for compensation or 

hire within the NAS. The eBee is a is a Fixed Wing hand launch takeoff and landing Unmanned Aircraft 

(UA) with a wingspan of 38 in., weight of 1.52 lbs, an electric pusher propeller, 160 W brushless DC 

motor, a 11.1 V, 2150 mAh Lithium-Polymer battery, and cruise speed of 25-56 mph. The Sense Fly 

eBee that will be operated by BlueSky Data Systems, LLC and 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 marked in 

accordance with 14 C.F.R. Part 45, Identification and Registration Marking.
BlueSky Data Systems, LLC Unmanned FMRA Section 333 Exemption Request

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THE GROUND STATIONBASED PART OF THE SYSTEM:

 A Pilot in Command (PIC) in operational control of a flight operation from beginning to 

end and who controls the UA while in the air;

 A radio transmitter/controller operated by the PIC to control the UA while in flight;

 A Visual Observer (VO) who provides a second pair of eyes to visually track the UA 

while in flight;

 Capability for a radio receiver that receives live video and flight data from the onboard

 camera and computer, and projects it all together onto a screen for the PIC to view 

 during flight.

The sUAS will be equipped with a camera and camera stabilizing gimbal, and have the capability 

to be equipped with an OSD (on screen display) which provides the PIC with altitude, airspeed, 

battery life and direction.

Our sUAS flight controllers utilize GPS to limit the altitude above the ground, to limit the radius of 

the distance it flies from the PIC, and to exclude it from operations within designated Class

B, C and D airspace including a no fly zone feature.

The sUASs have GPS guided failsafe functions allowing the autopilot system to fly back to the launch 

site autonomously. If the transmitter is disconnected the system will automatically trigger the return to 

home function and will land safely. If the connection is restored, the PIC can regain control of flight 

and land manually.

Our sUASs will manually operate only in VLOS and will operate only within a sterile area such as is 

described in the Flight Operations Manual (FOM) attached as Appendix A (hereinafter “the Manual”). 

Adherence to the Manual will ensure that the sUAS will “not create a hazard to the national airspace 

system or the public.”

PILOT IN COMMAND AND OBSERVER QUALIFICATIONS AND DUTIES

The PIC will maintain at least a Sport Pilot Certificate and a current Drivers License. The PIC 

will be allowed to fly during daytime hours only and must be able to see the drone at all times 

(though a second operator can be used as an observer). The PIC is responsible for the safe and 

efficient operation of the aircraft. Specific duties include all preflight preparation, in flight 

operation and post flight requirements. Procedures include but are not limited to; safe flight 

operations, risk assessment and mitigation to persons and property, and site suitability. 

The Visual Observer (VO) must have the visual acuity to observe the sUAS and be able to 

communicate clearly with the PIC utilizing hand signals, verbal communications, or 2 way 

radios. The Visual Observer’s duties are: notifying the PIC of any impending obstacles in the 

flight path of the sUAS; notifying the PIC of any deviations in the planned flight path of the 

sUAS, and notifying the PIC if unauthorized persons enter the area of the planned flight.
BlueSky Data Systems, LLC Unmanned FMRA Section 333 Exemption Request

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NAME, CONTACT AND ADDRESS OF THE PETITIONER

BlueSky Data Systems, LLC

2177 Latta Rd., #180

Rochester, NY 14612

Randy K. Braun

Office: +1 (585) 659.4004

BlueSkyData@twc.com

BASIS FOR PETITION

This petition for exemption is submitted in accordance with Section 333 of the Reform Act.

Congress has directed the FAA "to safely accelerate the integration of civil unmanned aircraft

systems into the national airspace system." Pursuant to Section 333 of the Reform Act, the

FAA Administrator is to permit operation of an unmanned aircraft system ("UAS") where it

does not create a hazard to users of the national airspace system ("NAS") or the public or

pose a threat to national security based on the following considerations:

• The size, weight, speed and operational capability;

• Operation in proximity to airports and populated areas; and

• Operation within visual line of sight of the operator.

Furthermore, the Federal Aviation Act grants the FAA Administrator general authority to grant

exemptions from the agency's safety regulations and minimum standards when the

Administrator decides a requested exemption is in the public interest. See 49 U.S.C. §§

106 (f), 4470144716, e t seq. A party requesting an exemption must explain the reasons why

the exemption: (1) would benefit the public as a whole, and (2) would not adversely affect

safety or how it would provide a level of safety at least equal to the existing rules. 14 C.F.R. §

11.81.

Petitioner, BlueSky Data Systems, LLC, pursuant to the provisions of the Federal Aviation 

Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012 (FMRA), 

Section 333, Special Rules for Certain Unmanned Aircraft Systems, hereby petitions the 

Administrator to commercially operate the DJI Phantom 3 Professional, the Lockheed Martin 

Indago, Trimble UX5 HP , and Sense Fly eBee UAS in the National Airspace System (NAS), 

and for an exemption from certain parts of 14 CRF cited as follows in addition to such further 

exemptions and relief as the FAA may determine is necessary to permit the operations described 

herein. 

Exemption is requested for requirements of: 14 C.F.R § 61.23 (a) and (c); 14 C.F.R § 61.101 (e) 

(4) and (5); 14 C.F.R § 61.113 (a); 14 C.F.R § 61.315 (a); 14 C.F.R § 91.7 (a); 14 C.F.R § 91.9 

(b) (2); 14 C.F.R § 91.103; 14 C.F.R § 91.109 (a). 14 C.F.R § 91.119 (c); 14 C.F.R § 91.121; 14 

C.F.R § 91.151 (a) & (b) (1); 14 C.F.R § 91.203 (a) & (b); 14 C.F.R § 91.405(a); 14 C.F.R § 

91.407(a)(1); 14 C.F.R § 91.409(a)(2); 14 C.F.R § 91.417 (a) & (b).
BlueSky Data Systems, LLC Unmanned FMRA Section 333 Exemption Request

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STATUTORY AUTHORITY FOR EXEMPTIONS

The Federal Aviation Act expressly grants the FAA authority to issue exemptions. This statutory 

authority includes exempting civil aircraft, as the term is defined under §40101 of the Act, 

including sUAS, from the requirement that all civil aircraft must have a current airworthiness 

certificate.

The Administrator may grant an exemption from a 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 §44711(a); 49 

USC §44704; 14 CFR §91.203 (a) (1). Section 333 (b) of the Reform Act assists the secretary in

determining whether sUAS may operate in the National Airspace system (NAS) without creating 

a hazard to the user, the public, or a threat to national security. In making this determination, the

Secretary must consider:

• The sUAS's size, weight, speed, and operational capability;

• whether the sUAS operates within the visual line of sight of the operator

• whether the sUAS operates outside of highly populated areas and away from close 

 proximity to airports

Reform Act §333(a). If the secretary determines that a sUAS "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).

BlueSky Data sUAS, weighing less than 55 lbs. including payload, and will operate under 

normal conditions at a speed of no more than 50 knots. The sUAS will operate only in the Pilot's 

visual line of sight at all times and will operate only within the preplanned area . such

operations will insure that the sUAS will ''not create a hazard to users of the national airspace 

system or the public." Reform Act section 333 (b).

Given the small size of the sUAS involved and the restricted and preplanned area within which 

they will operate, our application falls squarely within the zone of safety (an equivalent level of

safety) in which congress envisioned that the FAA must, by exemption, allow commercial 

operations of sUAS to commence immediately. Also due to the small size of the sUAS and the 

low altitudes and restricted areas in which the sUAS will operate, approval of the application 

presents no national security issue.

Given the clear direction in section 333 of the Reform Act, the authority contained in the Federal 

Aviation Act, as amended ; the strong equivalent level of safety surrounding the proposed

operations, and the significant public benefit, including enhanced safety, the grant of the 

requested exemptions is in the public interest. Accordingly , BlueSky Data respectfully requests 

that the FAA grant the requested exemption without delay.
BlueSky Data Systems, LLC Unmanned FMRA Section 333 Exemption Request

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14 CFFR 11.81 (d) – Reasons why granting BlueSky request would be in the public interest

and how it would benefit the public as a whole;

Granting the exemption will further public interest by allowing BlueSky Data too safely, 

efficiently and economically perform operations to further safe UAS integration into 

construction, surveying, agriculture, structural inspections where safe sUAS operations will 

reduce rick and unnecessary exposure for inspectors and pilots as compared to legacy processes. 

This exemption application is expressly submitted to fulfill congress' goal in passing section 

333(a) through (c) of the Reform Act. This law directs the Secretary of Transportation to 

consider whether certain unmanned aircraft systems may operate safely in the NAS before 

completion of the rulemaking required under Section 332 of the Reform Act. By granting an 

exemption the FAA will fulfill congress's intent of allowing UAS to operate with significant 

safety precautions in low risk environments.

The use of sUAS on a various site conditions can significantly reduce the risk to workers of falls 

while inspecting, surveying, or monitoring site progress. sUAS can inspect, photograph, and 

collect data on hard to get to areas that otherwise would require worker inspection. Falls are a 

leading source of workplace fatality and injury on construction sites( l), and reducing falls 

through sUAS use for site imaging could save workers lives.

Additionally, sUAS could replace the use of helicopters and small aircraft to perform our 

intended tasks. The sUAS we propose to fly in this application are under fifty-five pounds, and 

carry no combustible material on board, as opposed to the much larger conventionally powered 

small aircraft. shifting to sUAS from helicopters and airplanes presents a marked safety increase 

for our workers and the public.

Lastly, sUAS reduce the environmental impact by dramatically decreasing the energy used for 

aerial imaging and data collection. our sUAS use rechargeable lithium ion batteries, as opposed 

to fossil fuels burned in operation of s mall aircraft t hat are many hundreds of times heavier.

Reasons Why Granting Exemption Would Not Adversely Affect Safety 

BlueSky Data sUAS operations will provide a level of safety that far exceeds the level of safety 

required by the FAA for hobbyists and manufacturers of model aircraft. The following operating 

procedures will apply during the sUAS inspection operations under this exemption request.

1. BlueSky Data operations will be conducted:

a. Within the visual line of sight of the Pilot in command (PIC) and one or more 

Visual Observers (VO).

b. At less than 400 feet AGL

c. Within class G airspace.

2. BlueSky Data inspection operations will be conducted in a confined area over isolated 

private property located at least 5 miles away from any airport, heliport, seaplane base, 

spaceport or other location with aviation activities, and any military or U.S. government 

installations or airfields. If we are within the 5 mile radius of any of the above installations 

BlueSky Data will seek written approval from that installation's owner before sUAS 

operations take place. 

____________________________________________________________

(1) "Commonly Used Statistics", Occupational Safety & Health Administration.
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3. All sUAS operations will remain within the lateral and vertical boundaries of the 

operating area, taking into account all factors, including wind , gross weight and glide 

distances, that may affect the capability of the sUAS to remain within the airspace 

boundary; moreover, the ceiling height will be no more than 400 feet AGL.

4. BlueSky Data sUAS inspection operations under this exemption will be conducted under 

the supervision designated PIC who ultimately has final responsibility for the operation in 

accordance with 14 C.F.R. 91.3 and either holds a current FAA private pilot certificated, 

a higher FAA pilot certification, or a FAA – recognized equivalent or has completed 

FAA private pilot ground instruction and passed the FAA private pilot written exam.

5. PIC will maintain the sUAS system in a condition for safe operation, and conduct a preflight inspection prior to each flight so as to ensure that the sUAS, control station, data 

link equipment, camera, and support equipment are in a condition for safe operation and 

in a configuration appropriate for the purpose of the intended flight.

6. The PIC and VO will maintain two-way communications with each other during all 

operations ; if unable to maintain two - way communications, or if any condition occurs 

that may otherwise cause the operation to be unsafe, the operator will immediately 

conclude the operation.

7. Each sUAS that BlueSky Data will employ under this exemption wi1l safely return 

automatically to a home location designated by the PIC if the communications link is 

lost.

8. The aircraft documentation required by 14 C.F.R. §§ 91.9 and 91.203(b), as applicable, 

will be available to the PIC referred to above at any time BlueSky Data sUAS are 

operating.

BlueSky Data will effectively operate under our own standard operating procedures that will 

provide additional safeguards that go far beyond the level of safety for public

model airplane fields.

DESCRIPTION OF SPECIFIC REGULATIONS FOR REQUESTED EXEMPTION 

14 CFR § 61.113 (a) & (b): Private pilot privileges and limitations: Pilot in command

Sections 61.113 (a) & (b) limit private pilots to non – commercial operations for which 

exemption is requested. Because the sUAS will not carry a pilot or passengers, the proposed 

operations can achieve the equivalent level of safety of current operations by requiring the Pilot 

operating the aircraft to have completed a sUAS flight training course of 100 hours before flying 

a sUAS. unlike a conventional aircraft that carries the pilot and passengers, the sUAS is remotely 

controlled with no living thing or cargo on board. The sUAS are also operated by an autopilot, 

which greatly reduces the danger of human error . The area of operation is controlled and 

restricted areas, and all flights are planned and coordinated in advance.
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The sUAS to be operated hereunder is less than 55 lbs. fully loaded, carries neither a pilot nor 

passenger, carries no explosive materials or flammable liquid fuels, and operates exclusively 

within a secured area as set out in the operation plan. Like other civil aircraft, operations under 

this exemption will be tightly controlled and monitored by the operator, and in compliance with 

local public safety requirements, to provide security for the area of operation. The FAA will have 

advance notice of all operations.

The risks associated with the operation of the sUAS are therefore diminished from the level of 

risk associated with commercial operations contemplated by Part 61 when drafted, and allowing 

operations of the sUAS as requested with a Pilot who has the level of safety contemplated by 14 

C.F.R . §61.113 (a) & (b).

14 CFR 91.7 Prohibits the Operation of an aircraft without an airworthiness certificate.

As no such certificate will be applicable in the form contemplated by the FARs, this Regulation

is inapplicable.

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

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

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

flight manual information is available to the aircrew while operating the aircraft. We request an

exemption to this requirement since the aircraft is not only too small to carry documentation,

but also since the documentation would not be available to the crew during flight operations.

To obtain an equivalent level of safety and meet the intent of 91.9, we propose that a current,

approved UA Flight Operations Manual (FOM) (Appendix A) must be available to the crew at

the ground station anytime the aircraft is in, or preparing for, flight.

14 C.F.R. § 91.103: Preflight Action

This regulation requires each pilot in command take certain actions before flight to ensure the 

safety of flight. An exemption is needed from this requirement as the Pilot will take separate

preflight actions, including checking for weather conditions, checking flight battery 

requirements, checking takeoff and landing distances, and all other actions in the Preflight 

checklist in the Manual. These actions will provide an equivalent level of safety.

14 CFR 91.109 Flight Instruction; Simulated instrument flight and certain flight tests.

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

instruction unless that aircraft has fully functioning dual controls."The UA System ground based

control station consists of a small handheld radio transmitter and while it does not offer a second 

set of "controls", both the student and instructor can, and will, operate the single set of controls 

simultaneously. With both student and instructor having "hands on" the controls during flight, 

we feel that this technique meets the intent 91.109 and provides an equivalent level of safety.
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14 C.F. R. § 91.119: Minimum safe Altitudes

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 (d) allows 

sUAS to be operated at less than the minimums prescribed, provided the person operating 

complies with any route or altitudes prescribed by the FAA. The sUAS will never operate at 

altitude higher than 400 AGL and will be in a restricted area with security perimeter, where 

buildings and people will not be exposed to operations without their pre - obtained consent.

Relief is requested as the equivalent level of safety will be achieved given the size, weight, speed 

of the sUAS as well as the location where it is operated. No flight will be taken without the 

permission of the property owner or local officials. Because of the advance notice to the property 

owner and any onsite personnel, all affected individuals will be aware of the planned flight 

operations. unlike flight operations with aircraft or rotorcraft weighing far more than the 

maximum 55 lbs. proposed herein, our sUAS will not carry flammable fuel . In addition, the lowaltitude operations of the sUAS will ensure separation between sUAS operations and the 

operations of conventional aircraft that must comply with Section 91.119.

14 C.F.R. § 91.121: Altimeter settings

This regulation 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 use GPS for altitude control, which is transmitted to the pilot via a digitally encoded 

telemetric data feed. Relief from § 91.121 is requested to allow the GPS, radio, or laser altimeter 

to be used to maintain the correct AGL altitude.

14 CFR § 91.151 (a): Fuel requirements for flight in VFR conditions

Section 91.151 (a) outlines fuel requirements for beginning a flight from point to point in VFR 

conditions. BlueSky Data sUAS is limited to operations in predefined areas, in controlled 

environments, has a limited range and flight time within visual site of the PIC and will not 

require an airport for operations, for which an exemption from 14 CFR 91.151(a) is requested.

The battery powering the sUAS provides approximately 35 minutes of powered flight. To meet 

the 30 minute reserve requirement in 14 CFR §91.151, sUAS flights would be limited to 

approximately 5 minutes in length. The risk of the aircraft running out of fuel as outlined in 

§91.151 (a) does not directly apply to the way BlueSky Data Systems will operate. Further if 

BlueSky Data were to maintain a 30 minute reserve, its UA operation would not be possible as 

the reserve time is greater than the flight time of the UA. 

BlueSky Data 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 small sUAS, in a tightly controlled area 

where only people and property owners or official representatives who have signed waivers will 

be allowed, with less than 30 minutes of reserve fuel, does not engender the type of risks that 

section 91.151(a) was intended to alleviate given the size and speed of the small UAS. 
BlueSky Data Systems, LLC Unmanned FMRA Section 333 Exemption Request

Page 15

14 CFR § 91.405 (a); 91.407 (a) (1); 91.409 (a) (2); 91.417 (a) & (b): Maintenance Inspections

The above regulations require 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) of this section, have discrepancies repaired as prescribed in part 43 of this chapter 

. .. ," and others shall inspect or maintain the aircraft in compliance with Part 43.

Given that these sections and Part 43 apply only to aircraft with an airworthiness certificate, 

these sections will not apply to BlueSky Data. Maintenance will be accomplished by the operator 

pursuant to the flight manual and operating handbook from the manufacturer. An equivalent 

level of safety will be achieved because these small sUAS are very limited in size and will carry 

a small payload and operate only in restricted areas for limited periods of time. If mechanical 

issues arise the sUAS can land immediately and will be operating from no higher than 400 feet 

AGL. The Pilot will ensure that the sUAS is 1n working order prior to initiating flight, perform 

required maintenance, and keep a log of any maintenance performed. Moreover, the Pilot is the 

person most familiar with the aircraft and best suited to maintain the aircraft in an airworthy 

condition to provide the equivalent level of safety.

BlueSky Data believes that an exception from these maintenance requirements is warranted 

because the UA will not have an airworthiness certificate, and the FAA has not developed 

equivalent part 91 maintenance requirements for sUAS. More specifically, no individuals are 

authorized by the FAA to approve a sUAS for return to service under 91.407 (a) or to conduct 

initial airworthiness inspections.

14 C.F.R § Part 11.81 (f) – Summary that can be published in the Federal Register

The following summary is provided for publication in the Federal Register, should it be

determined that publication is needed:

Petitioner: BlueSky Data Systems, LLC.

(1) The rule from which you seek the exemption:

Sections of 14 CFR that BlueSky Data seeks Exemption are: 

14 C.F.R § 61.23 (a) and (c); 14 C.F.R § 61.101 (e) (4) and (5); 14 C.F.R § 61.113 (a); 14 C.F.R 

§ 61.315 (a); 14 C.F.R § 91.7 (a); 14 C.F.R § 91.9 (b) (2); 14 C.F.R § 91.103; 14 C.F.R § 

91.109 (a). 14 C.F.R § 91.119 (c); 14 C.F.R § 91.121; 14 C.F.R § 91.151 (a) & (b) (1); 14 C.F.R 

§ 91.203 (a) & (b); 14 C.F.R § 91.405(a); 14 C.F.R § 91.407(a)(1); 14 C.F.R § 91.409(a)(2); 14 

C.F.R § 91.417 (a) & (b).

(2) Nature of the exemption you seek:

BlueSky Data seeks relief from the applicable parts of 14 CFR 61 and 91 as requested within this 

petition to allow BlueSky Data to safely and deficiently conduct commercial UAS flight 

operations in support of the energy industry and to further research and development for our 

clients and the industry at large.
BlueSky Data Systems, LLC Unmanned FMRA Section 333 Exemption Request

Page 16

14 C.F.R § Part 11.81 (g) - Additional information, views or arguments to support BlueSky 

Data request:

Allowing this exemption will give BlueSky Data the ability to further promote the development 

of USA technologies in a manner that increases safety, security, and efficiency, while providing 

positive economic impact for our clients and the public. Approval of exemptions which allow

commercial operations of sUAS in the construction industry enhances safety while reducing risk. 

Manned aircraft monitoring and surveying creates a greater risk because the craft are much 

larger, have combustible fuel, and carry an onboard human pilot. In contrast, a sUAS weighing 

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

mass and lack of combustible fuel carried on board. The sUAS will carry no passengers or crew 

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

The operation of small sUAS, weighing less than 55 lbs., conducted in the strict conditions 

outlined above, will provide an equivalent level of safety supporting the grant 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 the 

ground, and in a sterile environment and, as a result , are far safer than conventional operations 

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

All flights will occur over private or controlled access property with the property owner's prior 

consent and knowledge . Images taken will be of individuals who have also consented to

being filmed or otherwise have agreed to be in the area where aerial photography will take place.

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 operation within

visual line of sight and national security - provide more than adequate justification for the grant 

of the requested exemptions allowing commercial operation of applicant's sUAS.

CONCLUSION

BlueSky Data LLC respectfully requests an exemption under Section 333 of the Reform Act, If 

the FAA believes additional exemptions beyond those requested in this petition are required for 

BlueSky Data to conduct sUAS operations described here, we respectfully request an exemption 

from any such regulatory provisions as deemed necessary. For any questions or concerns, please 

contact me directly at the phone, mail or email address provided.

Sincerely,

Randy K. Braun

Randy K. Braun

President & CEO

BlueSky Data Systems, LLC

2177 Latta Rd., #180

Rochester, NY 14612

Tel: +1 (585) 659.4004

BlueSkyData@twc.com
BlueSky Data Systems, LLC Unmanned FMRA Section 333 Exemption Request

Page 17

APPENDIX A

DJI Phantom 3 Professional – Proposed Aerial Vehicle 

 Operation and Maintenance Manuals, Safety Checklists

Phantom_3_Professi

onal_User_Manual__V1.6.pdf

 

Safety_Guidelines_Di

sclaimer_en_201509.pdf

 

Intelligent_Flight_Bat

tery_Safety_Guidelines_en.pdf

Lockheed Martin Indago Quadrotor – Proposed Aerial Vehicle

 Operation and Maintenance Manuals, Safety Checklists

Generic Indago 

System COA Application.docx

Timble UX5 HP UAS – Proposed Aerial Vehicle

 Operation and Maintenance Manuals, Safety

https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=3&cad=rja

&uact=8&ved=0ahUKEwi6xKersaXJAhXHFR4KHfn6AD0QFggpMAI&url=http

%3A%2F%2Fuas.trimble.com%2Fsites%2Fdefault%2Ffiles%2Fdownloads%2F02

2516-

131a_trimbleux5_hp_ds_0615_lr_2.pdf&usg=AFQjCNFId_EAxUl3X8DkFBgNjuda

kG6b5Q&bvm=bv.108194040,d.dmo

Sense Fly eBee UAS – Proposed Aerial Vehicle

 Operation and Maintenance Manuals, Safety

SenseFly - User 

manual eBee_V12.compressed.pdf

SenseFly - eBee 

maintenance procedures.docx

SenseFly - eBee 

training documentation.docx

Certification BlueSky Data Systems LLC, Company is a “Citizen of the United States”

 

FAA 10-29-15 & 

enclosures.pdf