June 9, 2015

U. S. Department of Transportation Docket Management System 1200 New Jersey Ave, SE Washington, DC 2050

Re: Exemption Request Pursuant to Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations from: 14 CFR Part 61.113(a); 14 CRF PArt 91.7(a); 91.119; 91.121; 91.151(b); 91.405(a); 91.407(a)(1); 91.409(a)(1) and (2); 91.417(a) and (b).

Dear Madam/Sir, Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”) and 14 C.F.R. Part 11, Blue Sky Consulting/Aerial Survey Inc. is applying for an exemption from the Federal Aviation Regulations (“FARs”) to allow commercial operation of its Unmanned Aircraft Systems (“UAS”).

I Gordon Hutton, owner of Blue Sky Consulting/Aerial Survey am a FAA licensed , ATP RotorCraft/Airplane Instrument pilot of over 17,000 accident/incident free PIC hours in MD11, B737, CL

- 65, SF

- 340, LR

- 31, B

- 200, B214ST, B412, B212, AS350B, and B206. I was also a Check Airman in the CL

- 65. I will be the primary PIC o f the Inspire I.

Blue Sky Consulting/Aerial Survey is based in Fort Myers Florida. Blue Sky strives to provide the absolute best aerial survey experience, in doing this, capturing quality images, videos from country clubs, boats, and real

- estate is important and valuable to the advertising process. In the past, aerial photography has been obtained for projects by the use of a single engine helicopters or airplanes with a pilot and a photographer. This form of aerial photography has benefited the advertisi ng process in many ways; however, to take aerial photography to the next level, Blue Sky is procuring the use of UAS. The transition from manned aircraft

- aerial photography to the UAS photography and videography for data collection has been a well thought

- out decision for Blue Sky. In the advertising industry, it is important to capture aerial images and videos. This data will be obtained more effectively and safely from a UAS than it would be with the traditional manned aircraft. Initial site surveying, site logistics planning, progress inspections, thermal imaging and pre and post construction completion , boat and home photography videos are some of the main uses for the UAS By Blue Sky. Blue Sky is requesting this exemption to permit operations of its UAS under controlled conditions within the National Airspace System, which will be 1) site specific, 2) pre

- planned, 3) access controlled, and 4) will provide a greater level of safety, which is already a high priority and best practice with all tasks th at are performed by Blue Sky. Therefore, an approval of this exemption by the FAA would provide a greater level of safety and reduce the risks associated with these activities on the above listed activities. As such, the use of UAS is in the public intere st.

I. The contact information of the applicant is:

Blue Sky Consulting/Aerial Survey 11991 Hidden Links Drive Fort Myers, Florida 33913 Gordon Hutton Phone: 503

- 551

- 7009 Email: md11flier@aoal.comII. The s pecific sections of Title 14 of the Code of Federal Regulations from which Blue Sky

requests exemption are:

14 CFR 61.113(a) 14 CFR 91.7(a) 14 CFR 91.119 14 CFR 91.121 14 CFR 91.151(b) 14 CFR 91.405(a) 14 CFR 91.407(a)(1) 14 CFR 91.409(a)(1) and ( 2) 14 CFR 91.417(a) and (b)

III. Aircraft, Increased Level of Safety & the Public Benefit:

The UAS, which will be operated by Blue Sky, weighs less than 10 pounds, including all equipment as indicated in the attached manual. The UAS can be maneuvered vertically and horizontally at the same time and hover in place. Specifically, the UAS that Blue SKy intends to use is the Inspire 1 manufactured by DJI. The provided supporting documentation inc ludes the user manual, safety guidelines and quick

- start guid e for this model of UAS. As a requirement for compliance, all documentation and relevant manual materials for the flight and sUAS will be kept in an accessible location that will be available to the PIC at all times. As determined in a previous Grant of Ex emption, relief from 14 CFR Section 91.9(b) (2) and 91.203(a) and (b) is not required. As indicated within the user manual and to increase the safety of all personnel within the site, the UAS is equipped with the use of GPS and motion sensors which can bring the unmanned aircraft back to the ground safely upon command, during low battery levels, and loss of communications or GPS signal. Additionally, if there are any unexpected obstacles or emergencies that come up during the flight, the UAS will be capabl e of aborting the flight. Furthermore, as required by 14 CFR Section 45.29(f), and due to the small size of the unmanned aircraft, the UAS will have identifiable markings that will be as large as practicable on the largest surface available.

If the submitted exemption is approved, Blue Sky intends to utilize the UAS as previously stated above with the following conditions and limitations: 1. Aircraft will weigh less than 55 pounds. 2. Unless prior written approval is provided, all UAS flights will be at or below 200 feet AGL. 3. Operations will occur during daytime Visual Flight Rules (VFR) conditions, from sunrise to sunset. 4. Maximum total flight time for each flight shall be no more than 18 minutes or flights will be terminated at 15% battery power reserve or when low battery level indications are present as indicated in the user manual and safety guidelines. 5. The UAS Pilot will have at least a Private Pilot Certificate and a current 3 rd Class Medical Certificate. 6. At a minimum, the crew for th e UAS will include the pilot and an observer trained by the pilot. 7. All flights will be within Visual Line of Sight (VLOS) of the pilot and/or visual observer. 8. The UAS will remain close enough to the operator/pilot for the operator to be capable of seeing the aircraft with vision unaided by any device other than corrective lenses. 9. The UAS Pilot will be the Pilot In Command (PIC). 10. The UAS will only operate within the designated area as discussed and planned during the pre

- flight briefing.11 . During UAS operations within 10 nautical miles (NM) of an airport, the closest air traffic

radio frequency channel will be monitored for air traffic via a hand held aviation radio. 12. With operations within 5 NM of an air traffic control tower, the air port operator or air traffic controller will be notified and clearance accepted prior to operations, and a NOTAM filed. 13. A pre

- flight briefing will be conducted prior to each UAS flight. All personnel involved in the flight are required to be present du ring this briefing. 14. Prior to each flight, a pre

- flight inspection will be conducted as per the pre

- flight checklist provided within the Inspire 1 User Manual. 15. The UAS will not operate directly over any persons not directly involved in the operati on. 16. The UAS PIC will obtain the consent of all personnel onsite and within the area and perimeter of the site in which the sUAS will be operating above. 17. Property owners’ approval will be obtained prior to UAS operations on each site. 18. The pil ot and observer will be trained in the operation of UAS generally and received up

to

- date information on the specific sUAS that is being operated. 19. At all times voice communications between the observer and the pilot will be maintained. 20. All required permissions and permits will be obtained from territorial, state, county, or city jurisdictions, including local law enforcement, fire, or other appropriate government agencies.

14 CFR 61.113 (a): Private Pilots Privileges and Limitations: Pilot in Co mmand. Section 61.113 (a) limits private pilots to non

- commercial operations. Although, these flights will be operating an aircraft for compensation or hire, but the UAS will not physically carry a pilot or any passengers. Therefore, the proposed flight o perations can achieve a level of safety that is equal to manned aircraft operations, provided that the PIC operating the aircraft holds at least a Private Pilot Certificate, in lieu of having a commercial pilot Certificate. In order to achieve a higher lev el of safety for all personnel involved in the operations of the sUAS, Blue Sky will require that the PIC operating the UAS have at least 100 hours of total flight time experience and hold, at least a Private Pilot Certificate. There is a greater level of safety and reduced level of risk, with not only the UAS crew, but all personnel and construction inspectors involved in the project. The level of safety that is provided by the UAS exceeds that of a single individual with a commercial pilot certificate whi le PIC of a manned aircraft flight. The level of risk associated with the UAS is far lower than could be achieved on the commercial operations of a manned aircraft. Therefore, allowing commercial operations of UAS as requested with a Private Pilot as PIC w ill surpass the current level of safety provided by 14 CFR Section 61.113(a).

14 CFR 91.7(a): Civil Aircraft Airworthiness. This regulation section requires that the aircraft be in an airworthy condition prior to flight. Although, a UAS is not required to have an airworthiness certificate, the PIC will operate the UAS and comply with all user manuals and operating documents to ensure that the aircraft and all aircraft systems are in an airworthy condition prior to each flight. The PIC will perform the re quired pre

- flight inspection with the pre

- flight checklist as provided in the sUAS user manual, which will provide an equivalent level of safety.

14 CFR 91.119: Minimum safe altitudes. Section 91.119 provides the requirements for safe altitudes for civi l aircraft operations. Section 91.119(d) (1) allows the operations of helicopters below the minimum altitudes described under parts (b) and (c). As this exemption request is for the UAS which is a “quad

- copter” (4 rotor type) unmanned aircraft, similar to a helicopter, an equivalent levelof safety will be provided. Based on the operating conditions and limitations for the UAS, all

essential and non

- essential personnel and property on the surface will not be exposed to any hazards due to an emergency or pow er failure as per part (a). Altitudes will be limited to no more than 200 AGL, which will require an exemption from parts (b) and (c). Currently there are manned rotor

- crafts that operate at altitudes less than the 500 AGL, with more hazardous materials an d on a larger scale than unmanned aircraft have. Therefore, this will reduce the risk of flights at lower altitudes with less weight and no flammable materials which will not pose a high risk to people or property on the surface. No flight will begin witho ut the prior approval of the property owners and/or local officials. Due to the short periods of operations being limited to 20 minutes or less, and limited to confined areas while maintaining visual line of site, an equivalent level of safety will be prov ided.

As stated within the UAS list of conditions and limitations, if flight operations plan to take place within class B, C or D airspace and within 5 NM of an air traffic control tower, the airport operator or air traffic controller will be notified an d clearance provided prior to operations. As an added safety precaution, the closest aviation radio frequency will be monitored for any air traffic in the area by the use of a handheld aviation radio. The air traffic controller will be aware of the UAS ope rations and the PIC will be aware of any air traffic within the area. This will benefit the public and any pilots of manned aircraft above by the PIC ensuring that there are no other aircraft in the area prior to visual confirmation. The use of the handhel d aviation radio will greatly reduce the risk and provide a greater level of safety. Furthermore, the low altitude operations will ensure separation from the sUAS and any conventionally manned aircraft operations that will comply with this regulation.

14 CFR 91.121: Altimeter Settings: This section requires that “each person operating an aircraft shall maintain the cruising altitude... by reference to an altimeter that is set... [at] the elevation of the departure airport or an appropriate altimeter setting available before departure.” An exemption may be required, because the UAS provide the PIC with the altitude reading on the remote controller, from a GPS signal on the UAS. An equivalent level of safety can be achieved by the PIC by ensuring the correct al titude is provided during the pre

- flight checks prior to each flight while on the ground.

14 CFR 91.151(b): Fuel Requirements for Flight in VFR Conditions: For this regulation, all flights in a rotorcraft, during the day require an additional 20 minutes of fuel for each flight. However, similar to rotor

- crafts, the particular unmanned aircraft that Blue Sky uses has a total flight time of approximately 18 minutes as indicated in the user manual. With this total flight time, it is impossible to have 20 mi nutes of additional fight time beyond the planned flight time. An equivalent level of safety will be provided because the Inspire 1 has an emergency feature equipped which will automatically return to the departure location upon reaching low battery power levels. At low battery levels there are several alerts to notify the Pilot that the UAS has a low battery. During a low battery level warning, the aircraft status indicator will blink red slowly which is notifying the Pilot to return the aircraft to the ho me position. If, after 10 seconds the Pilot does not begin to return the aircraft to the home position the aircraft will automatically return to the home position and land while the remote is sounding an alarm. By maintaining visual line of sight with the UAS the aircraft will always be in close proximity to the home position. Although the UAS is equipped with the automatic low battery settings, there is a battery level percentage indicator on the remote. If the battery level indicator reaches 15% or the fl ight time is 15 minutes (whichever occurs first) the PIC will start to return to the home position. With these features incorporated within the sUAS and the standards set in the conditions and limitations herein, an equivalent level of safety can be provid ed for this requested exemption.14 CFR Subpart E: 91.405(a); 407(a)(1); 409(a)(1) and (2); 417(a) and (b): Maintenance,

Preventive Maintenance, Inspections and Maintenance Records. These regulations require the aircraft owner or operator to have the ai rcraft inspected and maintained “...in accordance with part 43 of this chapter.” It is understood that these regulation sections apply to aircraft that hold an airworthiness certificate, therefore the above mentioned sections will not apply to the operation s of the UAS. The operator of the UAS will perform all required and periodic maintenance as indicated within the user manual and any supporting documents included with the UAS being used. Due to the small scale of the unmanned aircraft systems and specific area of operations, this can be achieved by the operator, and an equivalent level of safety will be provided. In the event that any extensive mechanical repairs are required, these tasks will be perfumed by the aircraft manufacturer if needed. During any flight, if mechanical failures occur, the UAS will immediately terminate the flight and return to land. As indicated previously, pre

- flight inspections will take place prior to all flight operation to verify all systems and equipment are functioning proper ly. Any maintenance performed by the operator will be logged appropriately for documentation. Overall, to provide an equal level of safety, the aircraft will be maintained in an airworthy condition by the operator, which is most familiar with the aircraft.

IV. Summary:

Pursuant to 14 CFR Part 11, the following is a summary to be provided for publication in the Federal Register if needed: Blue Sky is seeking an exemption from the following regulations: 14 CFR Part 61.113(a); 91.7(a); 91.119; 91.121; 91. 151(b); 91.405(a); 91.407(a)(1); 91.409(a)(1) and (2); 91.417(a) and (b) for the commercial operation of its small Unmanned Aircraft Systems (55lbs or less) for arial site imaging, inspections, boat, home photography and event photography. The approval of exemptions to allow commercial operations of UASs in the above mentioned areas will greatly enhance safety and reduce risks associated with these activities in the past. The conventional methods included the use of manned aircraft or rotorcraft, which
pos e a greater risk to personnel involved. By the use of the UAS that will carry no passengers or crew, this will eliminate the majority of the risks associated with these tasks. The operation of the sUAS that will be conducted in the specific conditions listed above will provide a greater than or equal level of safety supporting the grant of the Part 21 and allowing commercial operations. The lightweight Unmanned Aircrafts operate at low speeds, generally close to ground level, and always being monitored wit h line of sight operations, as a result, they are far safer than the conventional methods with manned single engine aircraft or rotorcraft that are just as close to ground level.

V. Privacy & Public Acknowledgement:

As indicated above, all UAS operati ons will occur after receiving prior approval and authorization from the property owners of the area in which the operations are being conducted within. Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012

— size, weight, speed, op erating characteristics, operations within visual line of sight, and the use of radio communications will provide considerable justification to grant the requested exemptions and allow commercial operations of the applicant’s UAS for use in the constructio n industry.Regards,

Blue Sky Consulting/Arial Survey 11991 Hidden Links Drive, Fort Myers, Florida, 33913 Phone: 503 551 7009



### APPENDIX

– A 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 Adm inistration FAR Federal Aviation Regulation GCS Ground Control Station GPS Global Positioning System LOL Loss of Link NAS Nation al 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 Unm anned Aircraft UAS Unm anned Aircraft System VFR Visual Flight Rules VLOS Visual Line of Site VMC Visual Meteorological Conditions VTOL Vertical Takeoff and Landing



### APPENDIX

- B Inspire 1 User Manual