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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 Section 333 of the FAA Reform Act and 

Part 11 of the Federal Aviation Regulations 

Dear Sir or Madam: 

Pursuant to Section 333 of the FAA 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 petitions the Federal Aviation Administration (“FAA”) for relief 

from 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) to 

the extent necessary to permit Blue River to operate small unmanned aircraft systems (“sUAS”) 

for the collection of aerial data over rural areas in furtherance 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 Petition, Blue River asks that the FAA 

utilize its summary grant process to act on the requested relief, consistent with the FAA’s recent 

policy initiative to streamline the processing of sUAS exemption petitions.1

The FAA has granted previous exemptions in accordance with Section 333 of the Reform Act 

under circumstances similar in all material respects to those presented in this petition, including, 

but not limited to, Exemption Nos. 11062 to Astreus Aerial in Docket 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 Aeryon 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 carrying no passengers or crew, 

rather than a manned aircraft of significantly greater proportions carrying crew in addition to 

flammable fuel, gave the FAA good cause to find that the sUAS operation enabled by the 

                                                            

1

   FAA, News Release, “FAA Summary Grants Speed Exemptions” (Apr. 9, 2015).
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exemption was in the public interest. Further to its request that the FAA grant summary 

approval of the relief requested herein, Blue River is willing to accept all relevant conditions and 

limitations for commercial operations contained in Exemption 11262, supra, specifically 

paragraph no. 2, and nos. 4 through 28. For ease of administrative processing, these conditions 

and limitations are re-stated on Appendix A to this Petition. 

In support of this petition, Blue River is submitting, under separate cover and with a request for 

confidential treatment, the following documents: Blue River Operations Manual; Vulcan Raven 

LD User’s Manual; DJI S1000 User’s Manual (collectively, the “Operating Documents”). 

I. STATUTORY CRITERIA 

Section 333(a) of the Reform Act directs the Secretary to “determine if certain unmanned aircraft 

systems may operate safely in the national airspace system before completion of the plan and 

rulemaking required by section 332.” In reaching the determination required under Section 

333(a), the Secretary “shall determine, at a minimum – (1) which types of unmanned aircraft 

systems, if any, as a result of their size, weight, speed, operational capability, proximity to 

airports and populated areas, and operation within visual line of sight do not create a hazard to 

users of the national airspace system or the public or pose a threat to national security; and (2) 

whether a certificate of waiver, certificate of authorization, or airworthiness certification under 

section 44704 of title 49, United States Code, is required for the operation of unmanned aircraft 

systems identified under paragraph (1).” Section 333(b). Once the Secretary makes a 

determination under Section 333(b) that a particular UAS operation may be safely conducted in 

the national airspace system, “the Secretary shall establish requirements for the safe operation of 

such aircraft systems in the national airspace system.” Section 333(c) (emphasis added). For the 

reasons set forth herein, Blue River submits that this Petition supports a determination that the 

Company’s proposed sUAS operations may be safely conducted in the national airspace system. 

II. SUMMARY OF PROPOSED OPERATIONS 

The proposed sUAS operations would use onboard cameras and lidar to capture high quality 

imagery that are mosaicked into a digital 3D reconstruction of the surveyed area. Numerous 

agricultural applications demand very high resolution that can only be acquired with sufficient 

quality at low speeds and altitudes that are challenging and, in some cases impossible, to achieve 

with conventional aircraft. Use of the sUAS for aerial surveys reduces the need to operate 

conventional aircraft for the same purpose and provides very high resolution imagery at a 

fraction of the cost. These savings result in enhanced efficiency and productivity for agricultural 

activities. 

Blue River will operate sUA weighing less than 55 pounds below 200 feet AGL over rural, 

unpopulated agricultural areas, at a nominal airspeed of 10 knots and a maximum airspeed of 33 

knots, as this is the maximum airspeed for optimal data collection. All operations will utilize a 
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Pilot-in-Command (“PIC”) holding an FAA airman certificate and a Visual Observer (“VO”), as 

more fully described herein. 

The sUA will possess visual characteristics so as to be highly visible and easily recognizable in 

the unlikely event of an encroaching general aviation manned aircraft. The sUA will under no 

circumstances be flown in Class A, B, C, or D airspace under the requested exemption. The 

sUAS operator will maintain awareness of, and separation from, any temporary flight restrictions 

and restricted/prohibited areas, and will comply with applicable Notice to Airmen (“NOTAM”) 

requirements, including any requirement that NOTAMs be issued at least 24 hours prior to 

operating the sUAS, and that such NOTAM be cancelled upon completion 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. Prior to and while conducting any operations under the 

authority requested herein, Blue River will ensure the aircraft are (i) is registered in accordance 

with C.F.R. part 47, (ii) is identified by serial number, and (iii) has identification (N-Number) 

markings as required under 14 C.F.R. part 45, Subpart C, with such markings as large as 

practicable. 

The sUAS will possess programmable failsafe features such as lost communication and lost link 

procedures as well as instantaneous manual override. The PIC will utilize a Federal 

Communications Commission compliant VHF radio and commercially available handheld 

receivers to maintain 2 way communications with all operational personnel and the nearest 

Common Traffic Advisory Frequency (“CATF”) or other necessary operating frequencies during 

all phases of flight. Blue River’s sUAS operations personnel also 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 relied upon to strengthen special awareness. 

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 in 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 batteries or payload) 17.6 lbs. 

Instrument payload 8.8 lbs. 

Battery weight 13.5 lbs. 

Typical take-off weight 39.9 lbs. 
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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 batteries 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 equipped with redundant safety mechanisms allowing them to 

operate safely after experiencing certain in-flight failures. If a lost-link event occurs, including 

the loss of ground communications and/or the loss of a GPS signal, the aircraft have the ability to 

perform a pre-coordinated, predictable, automated flight maneuver 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 spectrum for operation and control that complies with FCC 

requirements. 

 
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b. Pilot-in-Command 

The PIC shall possess (i) either a private, recreational, or sport pilot’s certificate and (ii) either an 

FAA medical certificate or a U.S. driver’s license. All operations will utilize a VO and the sUAS 

will be operated within VLOS of the PIC and VO at all times. Consistent with previous FAA 

grants of exemptions under Section 333, Blue River proposes that the VO be used to satisfy the 

VLOS requirement as long as the PIC always maintains VLOS capability. The VO and the PIC 

will be able to communicate verbally at all times during operational flights. 

Blue River will not permit any PIC to operate the sUAS unless the PIC demonstrates the ability 

to safely operate the sUAS in a manner consistent with how the sUAS must be operated under 

the requested exemption, including evasive and emergency maneuvers and maintaining 

appropriate distances from persons, vessels, vehicles and structures. PIC qualification flight 

hours and currency will be logged in a manner consistent with 14 C.F.R. § 61.51(b). Flights will 

be conducted for the purposes of training Blue River’s PICs and VOs (training, proficiency, and 

experience-building) and determining the PIC’s ability to safely operate the sUAS. Training 

operations will only be conducted during dedicated training sessions, and, when training flights 

are conducted, the PIC will operate the sUAS with appropriate distance from persons not 

essential for flight operations, i.e., nonparticipants, in accordance 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 less 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 areas. All flights will be terminated with 20% remaining battery 

power. 

Blue River will not conduct sUAS operations within five (5) nautical 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 feet below a cloud or less than 2,000 feet horizontally from a cloud or 

when visibility is less than three (3) statute miles from the PIC. sUAS operations will not be 

conducted at night. All operations will be conducted under visual meteorological conditions 

(“VMC”). The UAS will remain clear and yield the right of way to all manned operations and 

activities at all times. All operations shall be conducted over private or controlled-access 

property with permission from the property owner/controller or authorized representative. 

Any sUAS that has undergone maintenance or alterations that affect the sUAS operation or flight 

characteristics will undergo a functional test flight prior to conducting further operations under 

this exemption. Functional test flights may only be conducted by a PIC with a VO and must 
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remain at least 500 feet from other people. The functional test flight will be conducted in such a 

manner so as to not pose an undue hazard to persons and property. 

Documents used by Blue River to ensure the safe operation and flight of the sUAS, including but 

not limited to Blue River’s Operations Manual, the exemption issued by the FAA, ATO-issued 

COA, as well as any FAA-issued U.S. registration certificates for the aircraft, will be 

immediately available to the PIC 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 contact information of the Petitioner 

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 from 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) 

 
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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) – Medical certificates; operations 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 alia, that a person exercising the privileges of a private 

pilot or recreational pilot certificate must hold a third-class medical certificate. 

Separately, 14 C.F.R. § 61.23(c) allows persons exercising the privileges of a sport pilot 

certificate in a light-sport aircraft other than a glider or balloon to hold a U.S. driver’s 

license in lieu of a medical certificate. Blue River petitions the FAA for relief from these 

regulations to the extent necessary to allow the proposed sUAS flights to be operated by a 

PIC holding (1) a private, recreational, or sport pilot certificate, and (2) a current FAA 

airman medical certificate or a valid U.S. driver’s license. Blue River submits that an 

equivalent level of safety will be achieved through an FAA medical certificate or a U.S. 

driver’s license. Additionally, grant of the requested relief is (i) appropriate given the 

nature of the proposed sUAS operations, which pose considerably less safety risk than 

operations with larger UAS, and (ii) consistent with FAA exemptions issued under 

circumstances similar in all material respects to those presented in this petition, including, 

but not limited to, Exemption No. 11261, supra. Moreover, the requested relief is 

entirely consistent with FAA policy announced on April 9, 2015, in which the FAA 

determined that sUAS operations under Section 333 may be conducted by a PIC holding 

a U.S. driver’s license in lieu of a medical certificate. In adopting this policy, the FAA 

explained, “This change is consistent with the agency’s approach for sport pilot 

certificate holders, who may flight light sport aircraft with a driver’s license and no FAA 

medical certificate.”2 

 14 C.F.R. §§ 61.101(e)(4) and (5) – Recreational pilot privileges 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 compensation or hire, and 14 C.F.R. § 61.23(e)(5) additionally provides 

that such persons may not act as a PIC of an aircraft in furtherance of a business. Blue 

River requests an exemption from these regulations to the extent necessary to allow its 

sUAS to be operated by a PIC holding a recreational pilot certificate. Given the proposed 

airspace operations, in particular the size, weight, speed and operational capability of the 

sUAS at issue, the confinement of such operations to rural areas, the aeronautical 

knowledge requirements necessary for the issuance of a recreational pilot certificate and 

the skills necessary for the safe operation of the sUAS, operations should be permitted by 

a PIC holding a recreational pilot certificate. Most importantly, this relief is consistent 

with the FAA’s policy announced on April 9, 2015, in which the FAA concluded that it 

                                                            

2

 FAA, News Release, “FAA Summary Grants Speed Exemptions” (Apr. 9, 2015). 
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should “allow[ ] operations under [Section 333] exemptions by people who hold a 

recreational or sport pilot certificate.”3

 14 C.F.R. § 61.113(a) – Private pilot privileges and limitations: 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 pilot certificate may act as [a PIC] of an aircraft that is 

carrying passengers or property for compensation or hire; nor may that person, for 

compensation or hire, act as [a PIC] of an aircraft.” Blue River respectfully asks for an 

exemption from this regulation to 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 requested relief from 14 C.F.R. §§ 61.101(e)(4) and (5), 

including the equivalent level of safety, apply with equal force to an exemption from 14 

C.F.R. § 61.113(a). 

 14 C.F.R. §§ 61.315(a) – Privileges and limitations of sport pilot certificates. This 

regulation provides that a person holding a sport pilot certificate 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 hire or in furtherance of a business. Blue River submits 

that the same justifications applicable to its requested relief from 14 C.F.R. §§ 

61.101(e)(4) and (5), including the equivalent 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 similar in all material 

respects to those presented by Blue River: 

The FAA has reviewed the knowledge and training requirements of sport, 

recreational, private and commercial certificates and concluded that a UAS PIC 

holding a minimum of a sport pilot certificate, and operating under this 

exemption, would not adversely affect operations in the [national 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 regulation provides, “no person may operate a civil aircraft 

unless it is in an airworthy condition.” No airworthiness certificate exists for the aircraft 

at issue. Blue River therefore seeks relief from this regulation to the extent necessary to 

permit the proposed sUAS operations set forth in this petition. Blue River submits that 

an equivalent level of safety will be achieved through reliance on the Operating 

Documents submitted in support of this petition, thereby ensuring the aircraft remains in 

an airworthy condition. In this regard, and prior to each flight, 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. 
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reveals a condition that affects 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 undergoes maintenance or 

alterations that affect the sUAS operation or flight characteristics, e.g., replacement of a 

flight critical component, the sUAS will undergo a functional test flight prior to 

conducting further operations. 

 14 C.F.R. § 91.119(c) – Minimum safe altitudes: General; operations over other than 

congested areas. 14 C.F.R. § 91.119(b) prohibits aircraft, when operating over congested 

areas, from operating at less than 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 water or sparsely populated areas, in which case the 

aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or 

structure. The sUAS will be operated exclusively over non-congested, rural agricultural 

areas, however, Blue River petitions the FAA for relief from § 91.119(c) to the extent 

necessary to permit the sUAS to be operated over such areas at less than 500 feet above 

surface. In order to ensure an equivalent level of safety, the sUAS operations will be 

conducted at least 500 feet from all nonparticipating persons, vessels, vehicles, and 

structures, unless a) nonparticipating persons are sufficiently protected by barriers or 

structures, and b) the owner/controller of any vessels, vehicles or structures has granted 

permission for operating closer to those objects and the PIC has made a safety assessment 

and determined that operating closer to those objects does not present an undue hazard. 

 14 C.F.R. § 91.121 – Altimeter settings. This regulation requires any aircraft operating 

within 18,000 feet of Mean Sea Level (MSL) to contain an altimeter set to one of several 

designated altimeter settings prior to departure. Blue River petitions for relief from this 

regulation because the sUAS will not have a typical barometric altimeter onboard. 

Instead, altitude information will be provided to the PIC of the sUAS via a digitally 

encoded telemetric data feed from 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 monitoring of altitude information through these means will 

provide for an equivalent level of safety. 

 14 C.F.R. § 91.151(a)(1) – Fuel requirements for flight in VFR conditions; 

commencement of flight with sufficient fuel; flights during the day. This regulation 

prohibits any flight from being initiated unless there is enough fuel to fly to the first point 

of intended landing and to fly after that for at least 30 minutes. Consistent with other 

sUAS exemptions issued under Section 333, Blue River only proposes to conduct sUAS 

operations during daytime. Blue River requests an exemption from the regulation to the 

extent necessary to permit the proposed operations to be conducted by the sUAS 

described herein, which run on battery power. For the Vulcan Raven LD, the maximum 
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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 minutes. To ensure an 

equivalent level of safety, the sUAS will never fly more than 0.5 statute miles from the 

point of intended landing. Additionally, the PIC (i) will ensure prior to each flight that 

the sUAS has sufficient battery power for the aircraft to fly at normal cruising speed to 

the intended landing point (considering wind and forecast weather conditions) and (ii) 

land the sUA with at least 20% battery power remaining. 

 14 C.F.R. § 91.405(a) – Maintenance requirements; 14 C.F.R. § 91.407(a)(1) – Operation 

after maintenance, preventive maintenance, rebuilding, or alteration; approval for return 

to service; 14 C.F.R. §§ 91.409(a)(1) and (2) – Inspections; operations and instruction; 

and 14 C.F.R. §§ 91.417(a) and (b) – Maintenance records; retention of records. 14 

C.F.R. § 91.405(a) provides that an aircraft owner or operator must “have the aircraft 

inspected as prescribed in subpart E of this part and shall between required inspections . . 

. have discrepancies repaired as prescribed in part 43 of this chapter.” 14 C.F.R. § 91.407 

provides that “no person may operate any aircraft that has undergone maintenance, 

preventive maintenance, rebuilding, or alteration unless [i]t has been approved for return 

to service by a person authorized under §43.7 of this chapter.” Additionally, 14 C.F.R. 

§§ 91.409(a) generally prohibits aircraft operations unless, within the preceding 12 

calendar months, the aircraft either has had, “An annual inspection in accordance with 

part 43 of this chapter and has been approved for return to service by a person authorized 

by §43.7 of this chapter,” id. at subparagraph (1), or “An inspection for the issuance of an 

airworthiness certificate in accordance with part 21 of this chapter.” Id. at subparagraph 

(2). Finally, 14 C.F.R. §§ 91.417(a) requires aircraft owners and operators to retain 

“[r]ecords of maintenance, preventive maintenance, and alteration and records of the 100-

hour, annual, progressive, and other required or approved inspections, as appropriate, for 

each aircraft (including the airframe) and each engine, propeller, rotor, and appliance of 

an aircraft,” for the time periods 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) and (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 to aircraft for which an airworthiness certificate has been 

issued, and no such certificate has been issued for the aircraft which Blue River proposes 

to operate. 

Blue River requests an exemption from these regulations to the extent necessary to permit 

the sUAS operations to be conducted as described herein. To ensure an equivalent level 

of safety with respect to the maintenance and inspection requirements of these 

regulations, (i) Blue River will strictly comply with safety and maintenance procedures 

included in all applicable sUAS manufacturer’s instructions and operator’s manuals, (ii) 

the PIC will inspect the sUAS (including ground control station) prior to each flight, to 

ensure it is in a condition for safe flight and, where such inspections reveal a condition 
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affecting safe operation, no operations will be conducted pending performance of 

necessary maintenance and a finding that the sUAS is in a condition for safe flight, (iii) 

all maintenance and alterations will be documented in aircraft records, (iv) any 

maintenance or alterations affecting the sUAS operation or flight characteristics will 

undergo a functional test flight, with appropriate entries in aircraft records, (v) the preflight inspection section of Blue River’s Operating Documents will account for all 

discrepancies, (vi) Blue River will follow the sUAS manufacturer’s aircraft/component, 

maintenance, overhaul, replacement, inspection and life limit requirements, and (vii) all 

maintenance, inspections and record keeping will be carried out in accordance with the 

Operating Documents, with appropriate notations in aircraft records, including total flight 

hours, work accomplished and the signature of the authorized person returning sUAS to 

service. 

In accordance with the statutory criteria provided in Section 333 of the Reform Act regarding 

airworthiness certification under 49 U.S.C. § 44704, Blue River believes that relief from 14 

C.F.R. part 21, Subpart H, and any associated noise certification and testing requirements of 14 

C.F.R. part 36 is not necessary, in consideration of the size, weight, speed and limited operating 

area associated with the sUAS and their operations. To the extent 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 would be in the 

public interest; that is, how it would benefit the public as a whole 

Grant of the relief requested herein would further the objectives of Congress under Section 333 

of the Reform Act, by promoting the operation of sUAS flights to safely and efficiently gather 

aerial data in furtherance of precision agriculture activities. The collection of such data with 

sUAS is more cost-effective to customers than manned aircraft operations, as it provides 

remarkably high resolution imagery at a fraction of the cost. The resulting cost savings drive 

enhanced efficiencies and productivity gains for agricultural activities. 

e. 14 C.F.R. § 11.81(e) – The reasons why granting the exemption would not 

adversely affect safety, or how the exemption would provide a level 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 Blue River pursuant to 14 C.F.R. § 

11.81(c), above. In order to further ensure an equivalent level 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 with agriculture operations with sUAS, including, but not 

limited to, those recently attached to Exemption No. 11261, supra. For ease of administrative 

processing, such conditions and limitations are set forth on Appendix A to this petition. The 

primary risk associated with Blue River’s proposed operations are manned agricultural 
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operations under 14 C.F.R. § 137, however, given the nature of the proposed operations, in 

particular the very low altitude and speed at which the sUAS will be operated, as well as the 

conditions and limitations which Blue River is willing to accept, such risks are more than 

sufficiently mitigated. 

f. 14 C.F.R. § 11.81(f) – Federal Register summary 

Blue River submits that good cause exists for not publishing a summary of this Petition in the 

Federal Register, as the relief requested herein is not precedential and any delay in acting on this 

petition would be detrimental to Blue River. Nevertheless, in the event the FAA determines to 

publish such a summary, Blue River submits the following: 

Petitioner: Blue River Technology 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. petitions 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 outside the United States 

Blue River does not seek to exercise the privileges of the requested 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. Consents to the Attachment of the Following 

Conditions and Limitations on its Requested Section 333 Exemption: 

1. Operations authorized by this grant of exemption are limited to the following UAS 

when weighing less than 55 pounds including 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 closed-set motion picture and television 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 groundspeed or calibrated airspeed to determine 

compliance with the 87 knot speed restriction. In no case will the UA be operated at 

airspeeds greater than the maximum UAS operating airspeed recommended by the 

aircraft manufacturer. 

4. The UAS must be operated at an altitude of no more than 400 feet above ground level 

(AGL). Altitude must be reported in feet AGL. 

5. The UAS must be operated within visual 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 specified 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 must 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 maintains VLOS capability. 

The VO and PIC must be able to communicate verbally at all times. Electronic 

messaging or texting is not permitted during flight operations. The PIC must be 

designated before the flight and cannot transfer his or her designation for the duration 

of the flight. The PIC must ensure 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 stated in this grant of 

exemption, are hereinafter referred to as the operating documents. The operating 

documents must be accessible during UAS operations and made available to the 

Administrator upon request. If a discrepancy exists between the conditions and 

limitations in this exemption and the procedures outlined in the operating documents, 
the conditions and limitations herein take precedence and must be followed. Otherwise, 

the operator must follow the procedures as outlined in its operating documents. The 

operator may update or revise its operating documents. It is the operator’s responsibility 

to track such revisions and present updated and revised documents to the Administrator 

or any law enforcement official upon request. The operator must also present updated 

and revised documents if it petitions for extension or amendment to this grant of 

exemption. If the operator determines that any update or revision would affect the basis 

upon which the FAA granted this exemption, then the operator must petition for an 

amendment to its grant of exemption. The FAA’s UAS Integration Office (AFS-80) 

may be contacted if questions arise regarding updates or revisions to the operating 

documents. 

8. Any UAS that has undergone maintenance or alterations that affect the UAS operation 

or flight characteristics, e.g. replacement of a flight critical component, must undergo a 

functional test flight prior to conducting further operations under this exemption. 

Functional test flights may only be conducted by a PIC with a VO and must remain at 

least 500 feet from other people. The functional test flight must be conducted in such a 

manner so as to not pose an undue hazard to persons and property. 

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 inspection and determine the 

UAS is in a condition for safe flight. The pre-flight inspection must account for all 

potential discrepancies, e.g. inoperable components, items, or equipment. If the 

inspection reveals a condition that affects the safe operation of the UAS, the aircraft is 

prohibited from operating until the necessary maintenance has been performed and the 

UAS is found to be in a condition for safe flight. 

11. The operator must follow the UAS manufacturer’s maintenance, overhaul, replacement, 

inspection, and life limit requirements for the aircraft and aircraft components. 

12. Each UAS operated under this exemption must comply with all manufacturer safety 

bulletins. 

13. Under this grant of exemption, a PIC must hold either an airline transport, commercial, 

private, recreational, or sport pilot certificate. The PIC must also hold a current FAA 

airman medical certificate or a valid U.S. driver’s license issued by a state, the District 

of Colombia, Puerto Rico, a territory, a possession, or the Federal government. The 

PIC must also meet the flight review requirements specified in 14 CFR § 61.56 in an 

aircraft in which the PIC is rated on his or her pilot certificate. 
14. The operator may not permit any PIC to operate unless the PIC demonstrates the ability 

to safely operate the UAS in a manner consistent with how the UAS will be operated 

under this exemption, including evasive and emergency maneuvers and maintaining 

appropriate distances from persons, vessels, vehicles and structures. 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-building) 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. However, training 

operations may only be conducted during dedicated training sessions. During training, 

proficiency, and experience-building flights, all persons not essential for flight 

operations are considered nonparticipants, and the PIC must operate the UAS with 

appropriate distance from nonparticipants in accordance with 14 CFR § 91.119. 

15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All 

operations must be conducted under visual meteorological conditions (VMC). Flights 

under special visual flight rules (SVFR) are not authorized. 

16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as 

denoted in the current FAA Airport/Facility Directory (AFD) or for airports not 

denoted with an ARP, the center of the airport symbol as denoted on the current FAApublished aeronautical chart, unless a letter of agreement with that airport’s 

management is obtained or otherwise permitted by a COA issued to the exemption 

holder. The letter of agreement with the airport management must be made available to 

the Administrator or any law enforcement official upon request.

17. The UA may not be operated less than 500 feet below or less than 2,000 feet 

horizontally from a cloud or when visibility is less than 3 statute 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 private or controlled-access property. 

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

20. The PIC is prohibited from beginning a flight unless (considering wind and forecast 

weather conditions) there is enough available power for the UA to conduct the intended 

operation and to operate after that for at least five minutes or with the reserve power 

recommended by the manufacturer if greater. 

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All 

operations shall be conducted in accordance with an ATO-issued COA. The exemption 
holder may apply for a new or amended COA if it intends to conduct operations that 

cannot be conducted under the terms of the attached COA. 

22. All aircraft operated in accordance with this exemption must be identified by serial 

number, registered in accordance with 14 CFR part 47, and have identification (NNumber) markings in accordance with 14 CFR part 45, Subpart C. Markings must be as 

large as practicable. 

23. Documents used by the operator to 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 the UAS any time the aircraft is operating. These 

documents must be made available to the Administrator or any law enforcement official 

upon request. 

24. The UA must remain clear and give way to all manned aviation operations and 

activities at all times. 

25. The UAS may not be operated by the PIC from any moving device or 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 present that sufficiently protect nonparticipating persons 

from the UA and/or debris in the event of an accident. The operator must ensure 

that nonparticipating persons remain under such protection. If a situation arises 

where nonparticipating persons leave such protection and are within 500 feet of 

the UA, flight operations must cease immediately in a manner ensuring the safety 

of nonparticipating persons; and 

b. The owner/controller of any vessels, vehicles or structures has granted permission 

for operating closer to those objects and the PIC has made a safety assessment of 

the risk of operating closer to those objects and determined that it does not present 

an undue hazard. 

The PIC, VO, operator trainees or essential persons are not considered nonparticipating 

persons under this exemption. 

27. All operations shall be conducted over private or controlled-access property with 

permission from the property owner/controller or authorized representative. Permission 

from property owner/controller or authorized representative will be obtained for each 

flight to be conducted. 
28. Any incident, accident, or flight operation that transgresses the lateral or vertical 

boundaries of the operational area as defined by the applicable COA must be reported 

to the FAA's UAS Integration Office (AFS-80) within 24 hours. Accidents must be 

reported to the National Transportation Safety Board (NTSB) per instructions contained 

on the NTSB Web site: www.ntsb.gov.