-1- May 26, 2015

Submitted via www.regulations.gov

U.S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE Washington, D.C. 20590

Re: Exemption Request under Sect ion 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations

Dear Sir or Madam:

Pursuant to Section 333 of the F AA Modernization and Reform Act of 2012, Pub. L 112-95 (the “Reform Act”), 49 U.S.C. § 44701(f) and 14 C.F.R. part 11, Blue River Technology Inc. (“Blue River” or “Petitioner”) hereby pe titions the Federal Aviation A dministration (“FAA”) for relief from 14 C.F.R. §§ 61.23(a) and (c), 61.101(e)(4) and (5), 61.11 3(a), 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 ) and (2), and 91.417(a) and (b) to the extent necessary to permit Blue River to operate small unma nned aircraft systems (“sUAS”) for the collection of aerial data over rural areas in furtheran ce of commercial precision agricultural surveys. Based on prior FAA grants of Section 333 exemptions as described below as well as the information submitted in support of this Petitio n, Blue River asks that the FAA utilize its summary grant proces s to act on the requested relie f, consistent with the FAA’s recent policy initiative to streamline the processing of sUAS exemptio n petitions. 1

The FAA has granted previous exemptions in accordance with Sect ion 333 of the Reform Act under circumstances similar in all material respects to those p resented in this petition, including, but not limited to, Exemption No s. 11062 to Astreus Aerial in D ocket FAA-2014-0352 (Sep. 25, 2014), 11109 to Clayco, Inc. in Docket FAA-2014-0507 (Dec. 10, 2014), 11112 to VDOS Global, LLC in Docket FAA-2014-0382 (Dec. 10, 2014), 11213 to A eryon Labs, Inc. in Docket FAA-2014-0642 (Mar. 24, 2015), 11261 to AeroVironment in Docket FAA-2014-0715 (Apr. 1, 2015), 11262 to Avigators in Docket FAA-2014-0720 (Ap. 1, 2015) , 11316 to Precision Done in Docket FAA-2014-1063 (Apr. 9, 2015). In each of these grants, the FAA found that enhanced safety achieved using a small unmanned aircraft (“sUA”) and car rying no passengers or crew, rather than a manned aircraft of significantly greater proporti ons carrying crew in addition to flammable fuel, gave the FAA good cause to find that the sUAS o peration enabled by the

1 FAA, News Release, “FAA Summary G rants Speed Exemptions” (Apr. 9, 2015).-2- exemption was in the public inter est. Further to its request t hat the FAA grant summary approval of the relief requeste d herein, Blue River is willing to accept all relevant conditions and limitations for commercial operations contained in Exemption 11 262, supra, specifically paragraph no. 2, and nos. 4 through 28. F or ease of administra tive processing, these conditions and limitations are re-state d on Appendix A to this Petition.
In support of this petition, Blue River is submitting, under se parate cover and with a request for confidential treatment, the fo llowing documents: Blue River Ope rations Manual; Vulcan Raven LD User’s Manual; DJI S1000 User’s Manual (collectively, the “O perating Documents”).

I. STATUTORY CRITERIA
Section 333(a) of the Reform Act directs the Secretary to “dete rmine if certain unmanned aircraft systems may operate safely in th e national airspace system befo re completion of the plan and rulemaking required by section 332. ” In reaching the determina tion required under Section 333(a), the Secretary “shall dete rmine, at a minimum – (1) whi ch types of unmanned aircraft systems, if any, as a result of their size, weight, speed, oper ational capability, proximity to airports and populated areas, a nd operation within visual line of sight do not create a hazard to users of the national airspace system or the public or pose a t hreat to national security; and (2) whether a certificate of waiver , certificate of authorization, or airworthiness certification under section 44704 of title 49, United Sta tes Code, is required for the operation of unmanned aircraft systems identified under paragr aph (1).” Section 333(b). Once the Secretary makes a determination under Section 333(b) t hat a particular UAS operat ion may be safely conducted in the national airspace system, “th e Secretary shall establish re quirements for the safe operation of such aircraft systems in the national airspace system.” Sectio n 333(c) (emphasis added). For the reasons set forth herein, Blue Riv er submits that this Petition supports a determination that the Company’s proposed sUAS operatio ns may be safely conducted in t he national airspace system.

II. SUMMARY OF PROPOSED OPERATIONS
The proposed sUAS operations would use onboard cameras and lida r to capture high quality imagery that are mosaicked into a digital 3D reconstruction of the surveyed area. Numerous agricultural applications dem and very high resolution that can only be acquired with sufficient quality at low speed s and altitudes that are challenging and, i n some cases impossible, to achieve with conventional aircraft. Use o f the sUAS for aerial surveys reduces the need to operate conventional aircraft for the same purpose and provides very hi gh resolution imagery at a fraction of the cost. These sav ings result in enhanced efficien cy and productivity for agricultural activities.
Blue River will operate sUA we ighing less than 55 pounds below 200 feet AGL over rural, unpopulated agricultura l areas, at a nom inal airspeed of 10 kno ts and a maximum airspeed of 33 knots, as this is the maximum ai rspeed for optimal data collect ion. All operations will utilize a-3- Pilot-in-Command (“PIC”) holding an FAA airman certificate and a Visual Observer (“VO”), as more fully described herein.
The sUA will possess visual chara cteristics so as to be highly visible and easily recognizable in the unlikely event of an encro aching general aviation manned ai rcraft. The sUA will under no circumstances be flown in Class A, B, C, or D airspace under th e requested exemption. The sUAS operator will maintain awa reness of, and separation from, any temporary flight restrictions and restricted/prohibited areas, and will comply with applicabl e Notice to Airmen (“NOTAM”) requirements, including any requi rement that NOTAMs be issued a t least 24 hours prior to operating the sUAS, and that such NOTAM be cancelled upon compl etion of operations or if operations will not be conducted. Operations will comply with the weather minimums as prescribed under 14 C.F.R. § 91.155. P rior to and while conduc ting any operations under the authority requested he rein, Blue River will ensure the aircraft are (i) is registered in accordance with C.F.R. part 47, (ii) is ide ntified by serial number, and ( iii) has identific ation (N-Number) markings as required under 14 C .F.R. part 45, Subpart C, with s uch markings as large as practicable. The sUAS will possess programmable failsafe features such as lo st communication and lost link procedures as well as instantan eous manual override. The PIC w ill utilize a Federal Communications Commission complia nt VHF radio and commercially available handheld receivers to maintain 2 way com munications with all operational personnel and the nearest Common Traffic Advisory Frequenc y (“CATF”) or other necessary o perating frequencies during all phases of flight. Blue Rive r’s sUAS operations personnel a lso will be equipped with ForeFlight Mobile software for up-to-date airspace and current weather information. This software additionally includes updated aeronautical charts for operations under visual flight rules (“VFR”), which will be relie d upon to strengthen special awaren ess.
III. PROPOSED SYSTEMS AND OPERATIONS

a. Unmanned Aircraft System
Blue River wishes to operate two sUAS types under this petition – the Vulcan Raven LD and the DJI S1000 – which are described i n detail in the attached user manuals and summarized in the tables below.

Table 1. Vulcan Raven LD technical specifications.

Parameter Value Configuration X8 co-axial multirotor Motors 8 brushless electric motors Motor redundancy Yes Vehicle weight (no batteri es or payload) 17.6 lbs. Instrument payload 8.8 lbs. Battery weight 13.5 lbs. Typical take-off weight 39.9 lbs.-4- Maximum take-off weight (MTOW) 55.0 lbs. Nominal airspeed 10 knots Maximum airspeed 33 knots Target altitude 35 ft AGL Endurance Up to 30 minutes Diagonal length 1300 mm Frame material Carbon fiber, aluminum Batteries LiPo 8S, 11 Ah, 40C RC control frequency 2.4 GHz Flight controller DJI A2 Payload Visible/NIR cameras, lidar

Table 2. DJI S1000 technical specifications.

Parameter Value Configuration X8 co-axial multirotor Motors 8 brushless electric motors Motor redundancy Yes Vehicle weight (no batteri es or payload) 9.3 lbs. Instrument payload 8.8 lbs. Battery weight 5.5 lbs. Typical take-off weight 23.6 lbs. Maximum take-off weight (MTOW) 24.2 lbs. Nominal airspeed 10 knots Maximum airspeed 29 knots Target altitude 35 ft AGL Endurance Up to 15 minutes Diagonal length 1045 mm Frame material Carbon fiber Batteries LiPo 6S, 10-20 Ah, 15C RC frequency 2.4 GHz Flight controller DJI A2 Payload Visible/NIR cameras, lidar

The sUAS identified above are e quipped with redundant safety me chanisms allowing them to operate safely after experiencing certain in-flight failures. I f a lost-link event occurs, including the loss of ground communications and/or the loss of a GPS sign al, the aircraft have the ability to perform a pre-coordinated, predic table, automated flight maneuv er and return to a predetermined location for landing. The sUAS can be operated safely after the loss of an aircraft electric motor. The sUAS use a radio frequency s pectrum for operation and contr ol that complies with FCC requirements.-5- b. Pilot-in-Command
The PIC shall possess (i) either a private, recreational, or sp ort pilot’s certificate and (ii) either an FAA medical certificate or a U .S. driver’s license. All operati ons will utilize a VO and the sUAS will be operated within VLOS of t he PIC and VO at all times. Co nsistent with previous FAA grants of exemptions under Sect ion 333, Blue River proposes tha t the VO be used to satisfy the VLOS requirement as long as the PIC always maintains VLOS capab ility. The VO and the PIC will be able to communicate verb ally at all times during operat ional flights.
Blue River will not permit any P IC to operate the sUAS unless t he PIC demonstrates the ability to safely operate the sUAS in a m anner consistent with how the sUAS must be operated under the requested exemption, includi ng evasive and emergency maneuv ers and maintaining appropriate distances from pe rsons, vessels, vehicles and struc tures. PIC qualif ication flight hours and currency will be logged i n a manner consistent with 1 4 C.F.R. § 61.51(b). Flights will be conducted for the purposes of tra ining Blue River’s PICs and VOs (training, proficiency, and experience-building) and determin ing the PIC’s ability to safel y operate the sUAS. Training operations will only be conducted d uring dedicated training ses sions, and, when training flights are conducted, the PIC will operate the sUAS with appropriate d istance from persons not essential for flight operations, i.e., nonparticipants, in acco rdance with 14 C.F.R. § 91.119.

c. Operating Parameters of Blue River’s sUAS
As indicated above, the sUAS will be operated at a weight of le ss than 55 lbs. (including payload), speed of no more than 33 knots, and altitude of less than 200 ft AGL. The sUA will not carry a pilot, passenger, or flammable liquids. The sUA will be operated exclusively over noncongested, rural agricultural a reas. All flights will be termin ated with 20% remaining battery
power.

Blue River will not conduct sUAS operations within five (5) nau tical miles of an airport reference point unless a letter of agreement with that airport’ s management is obtained and the operation is conducted in accordance with a Notice to Airmen (“ NOTAM”). Additionally, Petitioner will not operate the aircraft in Class A, B, C, or D airspace. Nor will Petitioner operate the aircraft less than 500 f eet below a cloud or less than 2,00 0 feet horizontally from a cloud or when visibility is less than thr ee (3) statute miles from the P IC. sUAS operations will not be conducted at night. All operati ons will be conducted under visu al meteorological conditions (“VMC”). The UAS will remain c lear and yield the right of way t o all manned operations and activities at all times. All ope rations shall be conducted over private or controlled-access property with permission from the property owner/controller or authorized representative.
Any sUAS that has undergone mainten ance or alterations that aff ect the sUAS operation or flight characteristics will undergo a f unctional test flight prior to conducting further operations under this exemption. Functional test flights may only be conducted b y a PIC with a VO and must-6- remain at least 500 feet from ot her people. The functional test flight will be conducted in such a manner so as to not pose an undue hazard to persons and propert y. Documents used by Blue River to ensure the safe operation and f light of the sUAS, including but not limited to Blue River’s Operat ions Manual, the exemption is sued by the FAA, ATO-issued COA, as well as any FAA-issued U .S. registration certificates f or the aircraft, will be immediately available to the PI C at the Ground Control Station any time the aircraft is operating. These documents will be made available to the Administrator or any law enforcement official upon request.

IV. INFORMATION REQUIRED UNDER 14 C.F.R. § 11.81

a. 14 C.F.R. § 11.81(a) – Name and contac t information of the Peti tioner
Blue River Technology Inc. 575 N. Pastoria Ave. Sunnyvale, CA 94085 Attn: Matt Colgan, PhD, Senior Systems Engineer Phone: (650) 804-4021 Email: matt.c@bluevrivert.com

b. 14 C.F.R. § 11.81(b) – The specific sections of 14 C.F.R. from which the Petitioner seeks an exemption
Blue River seeks an exemption f rom the following sections of 14 C.F.R.:

 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. § 91.119(c)

 14 C.F.R. § 91.121

 14 C.F.R. § 91.151(a)(1)

 14 C.F.R. § 91.405(a)

 14 C.F.R. § 91.407(a)(1)

 14 C.F.R. §§ 91.409(a)(1) and (2)

 14 C.F.R. §§ 91.417(a) and (b)-7- c. 14 C.F.R. § 11.81(c) – The extent of and reasons for the relief sought

 14 C.F.R. §§ 61.23(a) and (c) – Medi cal certificat es; operation s requiring a medical certificate; operations requiring either a medical certificate or U.S. driver's license. 14 C.F.R. § 61.23(a) provides, inter a lia, that a person exercisin g the privileges of a private pilot or recreational pilot cer tificate must hold a third-class medical certificate. Separately, 14 C.F.R. § 61.23(c) a llows persons exercising the privileges of a sport pilot certificate in a light-sport air craft other than a glider or ba lloon to hold a U.S. driver’s license in lieu of a medical cer tificate. Blue River petitions the FAA for relief from these regulations to the extent necessa ry to allow the proposed sUAS flights to be operated by a PIC holding (1) a private, recreat ional, or sport pilot certifi cate, and (2) a current FAA airman medical certificate or a valid U.S. driver’s license. B lue River submits that an equivalent level of safety will be achieved through an FAA medi cal certificate or a U.S. driver’s license. Additionally, g rant of the requested relief is (i) appropriate given the nature of the proposed sUAS opera tions, which pose considerably less safety risk than operations with larger UAS, and ( ii) consistent with FAA exempt ions issued under circumstances similar in all material respects to those present ed in this petition, including, but not limited to, Exemption No. 11261, supra. Moreover, the requested relief is entirely consistent with F AA policy announced on April 9, 2015, in which the FAA determined that sUAS operations under Section 333 may be conduc ted by a PIC holding a U.S. driver’s license in lieu of a medical cer tificate. In a dopting this policy, the FAA explained, “This change is consis tent with the agency’s approac h for sport pilot certificate holders, who may fli ght light sport aircraft with a driver’s license and no FAA medical certificate.” 2

 14 C.F.R. §§ 61.101(e)(4) and (5) – R ecreational pilot privileg es and limitations; acting as a pilot in command of an aircraft for compensation or hire, or in furtherance of a business. 14 C.F.R. § 61.23(e)(4) provides that a recreational pilot may not act as a PIC of an aircraft for compen sation or hire, and 14 C.F.R. § 61.23( e)(5) additiona lly provides that such persons may not act as a PIC of an aircraft in furthe rance of a business. Blue River requests an exemption from these regulations to the exten t necessary to allow its sUAS to be operated by a PIC holdin g a recreationa l pilot certi ficate. Given the proposed airspace operations, in particula r the size, weight, speed and operational capability of the sUAS at issue, the confinement of such operations to rural area s, the aeronautical knowledge requirements necessar y for the issuance of a recreati onal pilot certificate and the skills necessary for the safe operation of the sUAS, operat ions should be permitted by a PIC holding a recreat ional pilot certifi cate. Most important ly, this relief is consistent with the FAA’s policy announce d on April 9, 2015, in which the FAA concluded that it

2 FAA, News Release, “FAA Summary Grants Speed Exemptions” (Apr . 9, 2015).-8- should “allow[ ] operations unde r [Section 333] exemptions by p eople who hold a recreational or sport pilot certificate.” 3

 14 C.F.R. § 61.113(a) – Private pilo t privileges and limitation s: Pilot in command; acting as a pilot in command of an aircraft for compensation or hire. This regulation provides that no person who holds a private p ilot certificate may act as [a PIC] of an aircraft that is carrying passengers or property f or compensation or hire; nor m ay that person, for compensation or hire, act as [a PIC ] of an aircraft.” Blue Riv er respectfully asks for an exemption from this regulation t o the extent necessary to allow its sUAS to be operated by a PIC holding a private pilot certificate. In this regard, the Company submits that the same reasons in support of its re quested relief from 14 C.F.R. §§ 61.101(e)(4) and (5), including the equivalent level of safety, apply with equal forc e to an exemption from 14 C.F.R. § 61.113(a).

 14 C.F.R. §§ 61.315(a) – Privileges and limitations of sport pi lot certificates. This regulation provides that a pe rson holding a sport pilot certifi cate may act as a PIC of a light-sport aircraft, except as specified in subparagraph (c), which, in turn, prohibits such operations for compensation or h ire or in furtherance of a busi ness. Blue River submits that the same justifications appl icable to its requested relief from 14 C.F.R. §§ 61.101(e)(4) and (5), including the e quivalent level of safety, apply in the case of its requested relief from 14 C. F.R. §§ 61.315(a). Additionally, as the FAA concluded in recently granting Exemption No. 11261 under circumstances simil ar in all material respects to those pr esented by Blue River:

The FAA has reviewed the knowle dge and training requirements of sport, recreational, private and comme rcial certificates and concluded that a UAS PIC holding a minimum of a sport pilo t certificate, and operating u nder this exemption, would not adversely aff ect operations in the [nation al airspace system] or present a hazard to persons or property on the ground. 4

 14 C.F.R. § 91.7(a) – Civil aircraft airworthiness; operations of civil aircraft in an airworthy condition. This regula tion provides, “no person may operate a civil aircraft unless it is in an airworthy condi tion.” No airworthiness cert ificate exists for the aircraft at issue. Blue River therefore s eeks relief from this regulati on to the extent necessary to permit the proposed sUAS operatio ns set forth in this petition. Blue River submits that an equivalent level of safety wil l be achieved through reliance on the Operating Documents submitted in support of this petition, thereby ensuri ng the aircraft remains in an airworthy condition. In this regard, and prior to each flig ht, the PIC will conduct a pre-flight inspection to ensure the aircraft is in a condition for safe flight. If the inspection

3 Ibid.
4 Issued in Docket FAA-2014-0715 (Apr. 1, 2014), at 4.-9- reveals a condition that affect s the safe operation of the sUAS , the aircraft will not be operated until the necessary maintenance has been performed and the sUAS is found to be in a condition for safe flight . Moreover, if the sUAS under goes maintenance or alterations that affect the sUAS operation or flight characteri stics, e.g., replacement of a flight critical component, the sUAS will undergo a functional t est flight prior to conducting further operations.

 14 C.F.R. § 91.119(c) – Minimum safe altitudes: General; operat ions over other than congested areas. 14 C.F.R. § 91.119(b) prohibits aircraft, whe n operating over congested areas, from operating at less th an 1,000 feet above the highest obstacle within a horizontal radius of 2,000 feet from the aircraft. 14 C.F.R. § 91.119(c) prohibits aircraft, when operating over other than congested areas, from operating at less than 500 feet above surface except over open w ater or sparsely populated area s, in which case the aircraft may not be operated c loser than 500 f eet to any person , vessel, vehicle, or structure. The sUAS will be ope rated exclusively over non-cong ested, rural agricultural areas, however, Blue River petiti ons the FAA for relief from § 91.119(c) to the extent necessary to permit the sUAS t o be operated over such areas at less than 500 feet above surface. In order to ensure an e quivalent leve l of safety, the sUAS operations will be conducted at least 500 feet from all nonparticipating persons, vessels, vehicles, and structures, unless a) nonparticip ating persons are sufficiently protected by barriers or structures, and b) the owner/co ntroller of any vessels, vehicle s or structures has granted permission for operating closer t o those objects and the PIC ha s made a safety assessment and determined that operating clo ser to those objects does not present an undue hazard.

 14 C.F.R. § 91.121 – Altimeter settings. This regulation requi res any aircraft operating within 18,000 feet of Mean Sea Leve l (MSL) to contain an altime ter set to one of several designated altimeter settings prior to departure. Blue River p etitions for relief from this regulation because the sUAS will not have a typical barometric altimeter onboard. Instead, altitude infor mation will be provided to the PIC of th e sUAS via a digitally encoded telemetric data feed fro m the aircraft GPS to a ground- based on-screen display. Prior to each flight, a zero altitude initiation point will be established and confirmed by the PIC. The collection and m onitoring of altitude information through these means will provide for an equivale nt level of safety.

 14 C.F.R. § 91.151(a)(1) – Fuel requ irements for flight in VFR conditions; commencement of flight with suffi cient fuel; flights during the day. This regulation prohibits any flight from bei ng initiated unle ss there is enoug h fuel to fly to the first point of intended landing and to fly aft er that for at least 30 minut es. Consistent with other sUAS exemptions issued under S ection 333, Blue River only propo ses to conduct sUAS operations during daytim e. Blue River requests an exemption fr om the regulation to the extent necessary to permit the proposed operations to be conduc ted by the sUAS described herein, which run on batte ry power. For the Vulcan R aven LD, the maximum-10- duration of flight from a single battery charge is 30 minutes. For the DJI S1000, the maximum duration of flight from a single battery charge is 15 m inutes. To ensure an equivalent level of safety, the s UAS will never fly more than 0 .5 statute miles from the point of intended landing. Additionally, the PIC (i) will ensu re prior to each flight that the sUAS has sufficient battery pow er for the aircraft to fly a t normal cruising speed to the intended landing point (cons idering wind and forecast weath er conditions) and (ii) land the sUA with at least 20% battery power remaining.

 14 C.F.R. § 91.405(a) – Maintenanc e requirements; 14 C.F.R. § 9 1.407(a)(1) – Operation after maintenance, preventive maintenance, rebuilding, or alter ation; approval for return to service; 14 C.F.R. §§ 91.409(a )(1) and (2) – Inspections; o perations and instruction; and 14 C.F.R. §§ 91.417(a) and (b) – Mai ntenance records; reten tion of records. 14 C.F.R. § 91.405(a) provides that a n aircraft owner or operator must “have the aircraft inspected as prescribed in subpart E of this part and shall bet ween required inspections . . . have discrepancies repaired a s prescribed in part 43 of this chapter.” 14 C.F.R. § 91.407 provides that “no person may operate any aircraft that has unde rgone maintenance, preventive maintenance, rebuild ing, or alteration unless [i]t h as been approved for return to service by a person authori zed under §43.7 of this chapter.” Additionally, 14 C.F.R. §§ 91.409(a) generally prohibits aircr aft operations unless, wi thin the preceding 12 calendar months, the aircraft either has had, “An annual inspec tion in accordance with part 43 of this chapter and has b een approved for return to service by a person authorized by §43.7 of this chapter,” id. at s ubparagraph (1), or “An insp ection for the issuance of an airworthiness certificate in accordance with part 21 of this ch apter.” Id. at subparagraph (2). Finally, 14 C.F.R. §§ 91.417(a) requires aircraft owners and operators to retain “[r]ecords of maintenance, preven tive maintenance, and alterati on and records of the 100- hour, annual, progressive, and othe r required or approved inspe ctions, as appropriate, for each aircraft (including the air frame) and each engine, propell er, rotor, and appliance of an aircraft,” for the time pe riods prescribed under 14 C.F.R. § 91.417(b). 14 C.F.R. §§ 91.405(a), 91.407(a)(1), 91.409(a)(1 ) and (2), and 91.417(a) an d (b) require, among other things, that maintenance be conducted in accordance with 14 C.F .R. part 43. By its terms, however, part 43, applies t o aircraft for which an airwo rthiness certificate has been issued, and no such certificate ha s been issued for the aircraf t which Blue River proposes to operate.
Blue River requests an exempti on from these regulations to the extent necessary to permit the sUAS operations to be conducte d as described herein. To en sure an equivalent level of safety with respect to the ma intenance and inspection requir ements of these regulations, (i) Blue River wil l strictly comply with safety an d maintenance procedures included in all applicable sUAS m anufacturer’s instructions and operator’s manuals, (ii) the PIC will inspect the sUAS (including ground control station ) prior to eac h flight, to ensure it is in a condition for s afe flight and, where such ins pections reveal a condition-11- affecting safe operation, no operations will be conducted pendi ng performance of necessary maintenance and a findi ng that the sUAS is in a condi tion for safe flight, (iii) all maintenance and alterations will be documented in aircraft records, (iv) any maintenance or alterations aff ecting the sUAS operation or flig ht characteristics will undergo a functional test flight, w ith appropriate entries in a ircraft records , (v) the preflight inspection section of Blu e River’s Operating Documents w ill account for all discrepancies, (vi) Blue River will follow the sUAS manufacture r’s aircraft/component, maintenance, overhaul, replacem ent, inspection and life limit r equirements, and (vii) all maintenance, inspections and reco rd keeping will be carried out in accordance with the Operating Documents, with appropr iate notations in aircraft rec ords, including total flight hours, work accomplished and the signature of the authorized pe rson returning sUAS to service.
In accordance with the statutory criteria provided in Section 3 33 of the Reform Act regarding airworthiness certi fication under 49 U.S.C. § 44704, Blue River believes that relief from 14 C.F.R. part 21, Subpart H, and any asso ciated noise certificati on and testing requirements of 14 C.F.R. part 36 is not necessary, i n consideration of the size, weight, speed and limited operating area associated with the sUAS a nd their operations. To the ext ent that the FAA believes such relief is warranted, however, Blue River asks that such relief be provided for in any exemption issued in response to this Petition.

d. 14 C.F.R. § 11.81(d) – The reasons why granting the request wou ld be in the public interest; that is, how it would benefit the public as a whole
Grant of the relief requeste d herein would further the objectiv es of Congress under Section 333 of the Reform Act, by promoting t he operation of sUAS flights t o safely and efficiently gather aerial data in furtherance of preci sion agriculture activities. The collection of such data with sUAS is more cost-effective to c ustomers than manned aircraft o perations, as it provides remarkably high resolution imager y at a fraction of the cost. T he resulting cost savings drive enhanced efficiencies and producti vity gains for agricultural a ctivities.

e. 14 C.F.R. § 11.81(e) – The reasons w hy granting the exemption w ould not adversely affect safety, or how t he exemption would provide a l evel of safety at least equal to that provided by the rule from which you seek the exemption
These reasons are set forth in the information furnished by Blu e River pursuant to 14 C.F.R. § 11.81(c), above. In order to further ensure an equivalent leve l of safety, Blue River is willing to accept the FAA’s standard conditions and limitations ordinarily attached to exemptions issued under Section 333 in connection wit h agriculture operations wit h sUAS, including, but not limited to, those recently attached to Exemption No. 11261, sup ra. For ease of administrative processing, such conditions and limitations are set forth on Ap pendix A to this petition. The primary risk associated with B lue River’s proposed operations a re manned agricultural-12- operations under 14 C.F.R. § 137, how ever, given the nature of the proposed operations, in particular the very low altitude and speed at which the sUAS wi ll be operated, as well as the conditions and limitations which Blue River is willing to accep t, such risks are more than sufficiently mitigated.

f. 14 C.F.R. § 11.81(f) – Federal Register summary
Blue River submits that good cau se exists for not publishing a summary of this Petition in the Federal Register, as the relief requested herein is not precede ntial and any delay in acting on this petition would be detrimental to B lue River. Nevertheless, in the event the FAA determines to publish such a summary, Blue River submits the following:

Petitioner: Blue River Tec hnology Inc.
Regulations affected: 14 C.F .R. §§ 61.23(a) and (c), 61.101(e)( 4) and (5), 61.113(a), 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) and (2), and 91.417(a) and (b)
Description of relief sought: Blue River Technology Inc. petiti ons for an exemption permitting the operation of small unmanned aerial systems, weighing 55 pounds or less, for commercial precision agricultural surveys over remote and rural areas of the United States.

g. 14 C.F.R. § 11.81(g) – Operations ou tside the United States

Blue River does not seek to exerc ise the privileges of the requ ested exemption outside the United States.

### V. CONCLUSION

The enhanced safety achieved under the specific guide Jines and procedures proposed by Blue River provides the FAA with good cause to find that the operations which are the subject of this Petition are in the public interest. Blue River therefore respectfully requests that the FAA grant (i) 

### the requested exemption under Section 333 ofthe Reform Act and 49 U.S.C. 

### § 44701(f), and (ii) 

### such other or additional relief as the FAA considers consistent with this Petition and the pubJic interest, thereby permitting Blue River to conduct sUAS operations for the purpose of commercial precision agricultural surveys, as more fully described herein.

Enclosures Respectfully submitted,

Matt Colgan, PhD Senior Systems Engineer Blue River Technology Inc.

·13-Appendix A

Blue River Technology Inc. Consent s to the Attachment of the Fo llowing

Conditions and Limitations on i ts Requested Section 333 Exempti on:

1. Operations authorized by this gr ant of exemption are limited to the following UAS when weighing less than 55 pounds i ncluding payload: the Vulcan Raven LD; the DJI S1000. Proposed operations of any other aircraft will require a new petition or a petition to amend this exemption.

2. Operations for the purpose of c losed-set motion picture and tel evision filming are not permitted.

3. The UAS may not be operated at a speed exceeding 87 knots (100 miles per hour). The exemption holder may use either g roundspeed or calibrated airsp eed to determine compliance with the 87 knot sp eed restriction. In no case will the UA be operated at airspeeds greater than the maxi mum UAS operating airspeed recom mended by the aircraft manufacturer.

4. The UAS must be operated at a n altitude of no more than 400 fee t above ground level (AGL). Altitude must be reported in feet AGL.

5. The UAS must be operated within vis ual line of sight (VLOS) of the PIC at all times. This requires the PIC to be able to use human vision unaided by any device other than corrective lenses, as specifie d on the PIC’s FAA-issued airman medical certificate or U.S. driver’s license.

6. All operations must utilize a visual observer (VO). The UA mus t be operated within the visual line of sight (VLOS ) of the PIC and VO at all times. The VO may be used to satisfy the VLOS requirement as long as the PIC always maintain s VLOS capability. The VO and PIC must be able to c ommunicate verbally at all time s. Electronic messaging or texting is not permitted during flight operations. The PIC must be designated before the flight and cannot transfer his or her des ignation for the duration of the flight. The PIC must ens ure that the VO can perform the duties required of the VO.

7. This exemption and all documents needed to operate the UAS and conduct its operations in accordance with the conditions and limitations st ated in this grant of exemption, are hereinafter referred to as the operating documen ts. The operating documents must be accessible during UAS operations and made ava ilable to the Administrator upon request. If a discrepancy exists between the conditions and limitations in this exemption and the procedures outlined in th e operating documents,the conditions and limitations h erein take precedence and must be followed. Otherwise, the operator must follow the pr ocedures as outlined in its oper ating documents. The operator may update or revise its operating documents. It is th e operator’s responsibility to track such revisions and pr esent updated and revised documen ts to the Administrator or any law enforcement official upon request. The operator must also present updated and revised documents if it peti tions for extension or amendmen t to this grant of exemption. If the operator determ ines that any update or revisi on would affect the basis upon which the FAA granted this ex emption, then the operator mu st petition for an amendment to its grant of exem ption. The FAA’s UAS Integration Office (AFS-80) may be contacted if questions ari se regarding updates or revisi ons to the operating documents.

8. Any UAS that has undergone maint enance or alterations that affe ct the UAS operation or flight characteristics, e.g. r eplacement of a flight critica l component, must undergo a functional test fli ght prior to conducting further operations u nder this exemption. Functional test flights may onl y be conducted by a PIC with a V O and must remain at least 500 feet from other people . The functional test flight mu st be conducted in such a manner so as to not pose an undue hazard to persons and propert y.

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is in a condition for safe operation

10. Prior to each flight, the PIC must conduct a pre-flight inspect ion and determine the UAS is in a condition for safe fli ght. The pre-flight inspectio n must account for all potential discrepancies, e.g. i noperable components, items, or equipment. If the inspection reveals a condition th at affects the safe operation of the UAS, the aircraft is prohibited from operating until the necessary maintenance has b een performed and the UAS is found to be in a condi tion for safe flight.

11. The operator must follow the UAS manufacturer’s maintenance, ov erhaul, replacement, inspection, and life limit requireme nts for the aircraft and ai rcraft components.

12. Each UAS operated under this exem ption must comply with all man ufacturer safety bulletins.

13. Under this grant of exemption, a PIC must hold either an airlin e transport, commercial, private, recreational, or sport pi lot certificate. The PIC must also hold a current FAA airman medical certificate or a valid U.S. driver’s license iss ued by a state, the District of Colombia, Puerto Rico, a ter ritory, a possession, or the Fed eral government. The PIC must also meet the flight r eview requirements specified in 14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certific ate.14. The operator may not permit any P IC to operate unless the PIC d emonstrates the ability to safely operate the UAS in a m anner consistent with how the U AS will be operated under this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from pe rsons, vessels, vehicles and struc tures. PIC qualification flight hours and currency must be logged in a manner consistent with 14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs (training, proficiency, and experience-build ing) and determining the PIC’s ability to safely operate the UAS in a manner consistent with how the UAS will be operated under this exemption are permitted under the terms of this exemption. Howe ver, training operations may only be conducted dur ing dedicated training sess ions. During training, proficiency, and experience-build ing flights, all persons not e ssential for flight operations are considered nonpart icipants, and the PIC must ope rate the UAS with appropriate distance from nonpar ticipants in accordance with 14 CFR § 91.119.

15. UAS operations may not be conducte d during night, as defined in 14 CFR § 1.1. All operations must be conducted under visual meteorological condit ions (VMC). Flights under special visual flight rul es (SVFR) are not authorized.

16. The UA may not operate within 5 nau tical miles of an airport re ference point (ARP) as denoted in the current FAA Airpor t/Facility Directory (AFD) or for airports not denoted with an ARP, the center of the airport symbol as denote d on the current FAApublished aeronautical chart, un less a letter of agreement with that airport’s management is obtained or otherwise permitted by a COA issued t o the exemption holder. The letter of agreement w ith the airport management mus t be made available to the Administrator or any law e nforcement official upon request.

17. The UA may not be operated less th an 500 feet below or less tha n 2,000 feet horizontally from a cloud or whe n visibility is less than 3 sta tute miles from the PIC.

18. If the UAS loses communications or loses its GPS signal, the UA must return to a predetermined location within the p rivate or controlled-access pro perty.

19. The PIC must abort the flight in the event of unpredicted obsta cles or emergencies.

20. The PIC is prohibited from begi nning a flight unl ess (consideri ng wind and forecast weather conditions) there is e nough available power for the UA to conduct the intended operation and to operate after tha t for at least five minutes o r with the reserve power recommended by the manufacturer if greater.

21. Air Traffic Organization (ATO) C ertificate of Waiver or Authori zation (COA). All operations shall be conducted in accordance with an ATO-issued COA. The exemptionholder may apply for a new or ame nded COA if it intends to cond uct operations that cannot be conducted under the t erms of the attached COA.

22. All aircraft operated in accordance with this exemption must be identified by serial number, registered in accord ance with 14 CFR part 47, and have identification (NNumber) markings in accorda nce with 14 CFR part 45, Subpart C. Markings must be as large as practicable.

23. Documents used by the operator t o ensure the safe operation and flight of the UAS and any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the PIC at the Ground Control Station of t he UAS any time the aircraft is operating. These documents must be made available to the Administrator or any la w enforcement official upon request.

24. The UA must remain clear and gi ve way to all manned aviation op erations and activities at all times.

25. The UAS may not be operated by the PIC from any moving device o r vehicle.

26. All Flight operations must be conducted at least 500 feet from all nonparticipating persons, vessels, vehicles , and structures unless:

a. Barriers or structures are pres ent that sufficiently protect no nparticipating persons from the UA and/or debris in the event of an accident. The oper ator must ensure that nonparticipating persons rem ain under such protection. If a situation arises where nonparticipating persons l eave such protection and are wi thin 500 feet of the UA, flight operations must cease immediately in a manner en suring the safety of nonparticipating persons; and

b. The owner/controller of any vessels , vehicles or structures has granted permission for operating closer to those obj ects and the PIC has made a sa fety assessment of the risk of operating closer to t hose objects and determined th at it does not present an undue hazard.

The PIC, VO, operator trainees or essential persons are not con sidered nonparticipating persons under this exemption.

27. All operations shall be conducte d over private or controlled-ac cess property with permission from the property owne r/controller or authorized rep resentative. Permission from property owner/controller or authorized representative wil l be obtained for each flight to be conducted.28. Any incident, accident, or fli ght operation that transgresses t he lateral or vertical boundaries of the operational ar ea as defined by the applicable COA must be reported to the FAA's UAS Integrati on Office (AFS-80) within 24 hours. A ccidents must be reported to the National Transpor tation Safety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov

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