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 of 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 advertising 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 that 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 interest. 

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.com
II. The specific 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 

includes the user manual, safety guidelines and quick-start guide 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 Exemption, 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 capable 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 3rd Class Medical 

Certificate. 

6. At a minimum, the crew for the 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 airport 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 during 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 

operation. 

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 pilot and observer will be trained in the operation of UAS generally and received upto-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 Command. 

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 operations 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 level 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 

while 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 will 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 required 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 civil 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 level 
of 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 power 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 and 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 

without 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 provided. 

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 and 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 operations 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 handheld 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 altitude 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 minutes 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 home 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 flight 

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 provided 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 aircraft 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 operations 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 properly. 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 

pose 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 with 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 operations 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, operating 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 construction 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 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

APPENDIX-B

Inspire 1 User Manual