UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

WASHINGTON, D.C. 

IN THE MATTER OF THE PETITION FOR EXEMPTION OF: 

BLUE WING RESOURCES, LLC 

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF 

TITLE 14 OF THE CODE OF FEDERAL REGULATIONS 

SECTIONS 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 

91.409(a)(1) & (a)(2), AND 91.417(a) & (b) 

CONCERNING COMMERCIALOPERATION OF THE 

DJI Phantom 2, Phantom 3 Professional, Inspire 1, S900, S1000, and Matrice 100 

AIRCRAFT SYSTEMS 

PURSUANT TO SECTION 333 OF 

THE FAA MODERNIZATION AND REFORM ACT OF 2012 

(PUBLIC LAW 112-95) 

Submitted on November 8, 2015 

Kelli Taylor-Gammons 

Blue Wing Resources, LLC 

1148 Northfield Rd., #57 

Cedar City, UT 84721 

Tel: (435) 770-4885 
~---------------

Dear Sir and Madam; 

RE: Exemption request under Section 333 of the FAA Modernization and Reform Act of2012 and 

14 C.F.R. Part 11 

Blue Wing Resources, LLC respectfully seeks exemption to operate an Unmanned 

Aircraft System pursuant to Section 333 ofthe FAA Modernization and Reform Act of2012 

(FMRA). This exemption will permit Blue Wing Resources, LLC to operate an Unmanned 

Aircraft System (VAS) for the commercial purpose of conducting aerial surveying and mapping 

related to natural resource management and assessments. Expected uses also include supporting 

natural resource monitoring efforts such as reclamation and construction monitoring, invasive 

plant monitoring, hydrologic/aquatic habitat management and assessments. Additional missions 

include mapping and communication support for emergency management operations. 

Blue Wing Resources, LLC provides its clients with expertise and knowledge in natural 

resource management utilizing advanced technologies and solutions to increase efficiency, 

productivity and effectiveQess. Blue Wing Resources, LLC provides its clients with the highest 

quality digital content for use in their commercial, public, and non-profit projects. 

The owner of Blue Wing Resources, LLC has over 15 years of professional experience in 

natural resource management and remote sensing/photogrammetry. The objective.ofBlue Wing. 

Resources, LLCs aerial operations is to provide high quality imaging, specifically targeting: 

• Mapping and surveying natural resource impacts including linear infrastructure such as 

pipelines, powerlines, and roads; 

• Mapping and surveying invasive plant species; 

• Mapping and surveying aquatic and terrestrial habitat; 

• Supporting emergency incident command; and, 

• Increasing public knowledge ofUAS and promote safe VAS operations. 

In accordance with 14 C.F.R. § 11.81, Blue Wing Resources, LLC provides the following 

information in support of its petition for exemption: 

Name and address of the Petitioner: 

Blue Wing Resources, LLC c/o Kelli Taylor-Gammons 

1148 Northfield Rd., #57 

Cedar City, UT 84271 

Tel: (435) 770-4885 

Email: bluewingresources@gmail.com 

I. FAA authority for granting exemptions . . 

Section 333 (a) through (c) ofthe Reform Ad required the Secretary qfTransportation " . 

. . 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 ofthis Act or the 

guidance required by section 334 of this Act." . . . .. . ·. . . . 

The Secretary is required to ~ssess ~l1e UA~s ~nd dete~me If.th~ VAS may safely 

operate in the National Air Space (NAS) based upon the followmg crttena: 

/ 
(l) ... their size, weight, speed, operational capability, proximity to airports and 

populated areas, and operation within visual line of sight [emphasis added] do not create 

a hazard to users of the national airspace system or the public or pose a threatto national 

security; and, 

(2) whether a certificate ofwaiver, certificate of authorization, or airworthiness 

certification under section 44704 of title 49, United States Code, is required for the 

operation ofunmanned aircraft systems identified under paragraph (1). 

The Secretary is then required to" .. ; establish requirements for the safe operation of 

such aircraft systems in the national airspace system." Reform Act, Sec. 333 (c). Pursuant to this 

requirement the Secretary may define conditions (through the Federal Aviation Administration) 

for the safe operation of the UAS. 

Granting this request for exemption complies would fulfill Congress' goal in passing 

Section 333(a) through (c) ofthe Reform Act and the Federal Aviation Act. 

II. Specific Exemption Requests and Equivalent Level of Safety Showings 

Petitioner, Blue Wing Resources, LLC, pursuant to the provisions of the Federal Aviation 

Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of2012 (FMRA), 

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

Administrator to commercially operate the DJI Phantom 2, Phantom 3 Professional, Inspire 1, 

S900, S1000, and Matrice 100 UASs in the National Airspace System (NAS), and for an 

exemption from the requirements from sections of 14 C.F.R noted above in Section II. The 

regulations from which the exemption is requested are as follows. 

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203(a) and (b)-

Civil aircraft. Certifications required. Section 91.203 requires all civil aircraft· to have a 

certificate of airworthiness. Part 21, Subpart H, entitled Airworthiness Certificates, establishes 

the procedural requirements for the issuance of airwqrthiness certificates as required by FAR 

§91.203(a). Blue Wing Resources, LLC requests an exemption from these rules and will utilize 

an internal airworthiness process based on MIL-HDBK 516B for an equivalent level of safety. 

Such an exemption meets the requirements of an equivalent level of safety under Part 11 and 

Section 333 of the Reform Act. The Federal Aviation Act and Section 333 of the Reform Act 

both authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, 

upon consideration of the size, weight, speed, operational capability, and proximity to airports 

and populated areas of the UAS involved. 

In consideration ofthe speed, weight, size, and limited operating area associated with the 

unmanned aircraft and its operation, Blue Wing Resources, LLC's operation ofDJI Phantom 2, 

Phantom 3 Professional, Inspire 1, S900, S 1000, and Matrice 100 UASs meets the conditions of 

FMRA Section 333 and therefore, will not require an airworthiness certificate in accordance with 

14 C.F .R. Part 21, Subpart H;' . ' . 

Blue Wing Resources, LLC s~ek~ the requested relief because the DJI Phantom 2, 

Phantom 3 Professional, Inspire l, S900/S i ooo: and Matrice '1 00 UASs do not require an , - ' ";' r ~ ·q , ; { , l 
airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, Blue Wing 

Resources, LLC will ensure that DJI Phantom 2, Phantom 3 Professional, Inspire 1, S900, 

S 1000, and Matrice 100 UASs are in airworthy condition based upon its compliance with the 

operating documents (Exhibits A-1) prior to every flight, and further, determine that the aircraft 

are in condition for safe flight, as stated in the conditions and limitations below. 

14 C.F.R. §45.23(b)- Display of marks; general. These regulations provide that each aircraft 

must display "N" and the aircraft's registration number in letters at least 3 inches high. 

Additionally, the aircraft must display the word "EXPERIMENTAL" in letters at least 2 inches 

high near the entrance to the cabin, cockpit, or pilot station. Given the size ofthe UAS (fuselage 

length of 6'), this requirement is impossible to match. The equivalent level of safety will be 

achieved by having the registered N-number in 1 inch lettering on the side of the fuselage. 

14 C.F.R. §61.23(a)- Medical certificates: Requirement and duration. Regulations provide 

that a person must hold at least a second class medical certificate when exercising: Second-incommand privileges of an airline transport pilot certificate in part 121 of this chapter (other than 

operations specified in paragraph (a)( 1 )(ii) of this section); or Privileges of ::t ~ommercial pilot 

certificate Given the size: of the U AS in this petition. anc,i the limited flight area and the safety 

features integrated in the autopilot an Equivalent L~vel of Safety qan be reached ifthe·operator 

has a valid driver's license. 

14 C.F.R. §61.113(a) and (b)- Private Pilot Privileges and Limitations. Pilot in Command; 

Commercial Pilot Privileges and Limitations Subsections (a) and (b) of §61.113 prohibit private 

pilots from operating aircraft in commercial operations, and §61.133(a) requires an individual 

operating an aircr~ft for compensation or hire to hold a commercial pilot certificate. Blue Wing 

Resources, LLC requests an exemption from 14 C.F.R. §61.113(a) and (b) and 14 C.F.R. 

§61.133(a) so that above mentioned UAS may be operated by individuals who have a private 

pilot certificate. Based upon the design features of the UAS, its autopilot system, and safety 

factors, the FAA should permit operation ofUAS by operators with a private pilot certificate 

when the conditions described above have been satisfied. 

The above-described conditions are in-line with those set forth in Volume 16, Chapter 4, 

Section 1 ofFAA Order 8900.1. Blue Wing Resources, LLC proposes to conduct operations in 

accordance with these restrictions. Given these conditions and restrictions, an equivalent level of 

safety to manned operations will be achieveq through. operation with a private pilot certificate. 

The risks associated with the operation ofthe DJiml;!lti-rotor aircraft (given the size, speed, 

operational c~pabilities, and lack of combustible fuel) are so .much less than the .level of risk 

associated with fixed wing and rotorcraft operations, both pnvate and commerctal, as 

contemplated by Part 61, that allowing operations afthese UAS, as set forth above, meets or 

exceeds the present level of safety provided under 14 C.F .R. §61.113(a) and (b) and §61.133(a). 

Relief from certain requirements Qf Section .61.113( a) and (b),. entitled Private pilot h 

rivile es and limitations: Pilot in comm[Jnd, is requested by Blue Wm~ Resou~ces, LLC tot e 

~xtent ~ecessary to allow a Pilot in Command GPI~) holding a· private pilot or htgher le~el certificate as well as an airman medical certificate, and who has demonstrated, by meetmg 

minimum,flight- hour and currency requirements,,t}latthe P.JC is able to safely operate the DJI 
Phantom 2, Phantom 3 Professional, Inspire 1, S900, S1000, and Matrice 100 UASs in a manner 

consistent with this exemption, including evasive and emergency maneuvers and maintaining 

appropriate distances from people, vessels, vehicles and structures. 

14 C.F.R. §91.7(a)- Civil aircraft flight manual, marking, and placard requirements. This 

regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. 

Blue Wing Resources, LLC requests that an exemption be granted allowing commercial 

operation without an airworthiness certificate. Given the size of the aircraft self-certification 

utilizing MIL-HDBK 516B will provide an equivalent level of safety. 

Relief from Section 91.7(a) entitled Civil aircraft airworthiness, is requested to the extent 

required to allow Blue Wing Resources, LLC to determine that the DJI Phantom 2, Phantom 3 

Professional Professional, Inspire 1, S900, S1000, and Matrice 100 UASs are in airworthy 

condition prior to every flight by ensuring that the UAS is in compliance with the operating 

documents (Exhibits A-I). 

Blue Wing Resources, LLC seeks relief from Section 91.7(a), entitled Civil aircrqft 

airworthiness, because the DJI Phantom 2, Phantom'3 Professional, Inspite 1, S900, S 1000, and 

Matrice 100 UASs do not require an airw~rthiness certificate in accordance with 14 C.F.R. Part 

21, Subpart H. As such, Blue Wing Resources, LLC submits that they will ensure that the DJI 

Phantom 2, Phantom 3 Professional, Inspire 1, S900, S1000, and Matrice 100 UASs are in an 

airworthy condition, prior to every flight, by determining that the UASs are in compliance with 

the operating documents (Exhibits A-I), and that the aircraft are in a condition for safe flight. 

14 C.F.R. §91.9(b)(2)- Civil aircraft flight manual, marking, and placard requirements. 

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

manual is in the aircraft. Blue Wing Resources, LLC assumes that the intent ofthis requirement 

is to ensure that flight manual information is available to the aircrew while operating the aircraft. 

Blue Wing Resources, LLC requests an exemption to this requirement since the aircraft is 

not only too small to carry documentation, but the documentation would not be available to the 

crew. The equivalent level of safety will be achieved by keeping a hard copy ofthe DJI user 

manual with the ground crew. 

14 C.F.R. I 91.103(b) states, in pertinent part,_ that each pilot in command shall, before· 

beginning a flight, become familiar with all available information concerning that flight, to 

include, "For any flight, runway lengths at airports of intended use, and the following take-off 

and landing distance information; ... For civil aircraft for which an approved Airplane or 

Rotorcraft Flight Manual containing takeoff and landing distance data is required, the takeoff and 

landing distance data contained therein." 

14 C.F.R. §91.109(a)- Flight instruction. Simulated instrument flight and certain flight tests 

Sections 91.1 09( a) provides that no person may operate a civil aircraft that is being used for 

flight instruction unless that aircraft has fully functi6ning dual controls. The UAS in this 

exemption are remotely piloted aircraft, and, by design, not equipped with fully functional dual 

controls. Flight control is accomplished through the use of a cohtrol box that communicates with 
the aircraft via radio communications. Utilizing a pilot skilled in remote piloting will provide an 

equivalent level of safety. 

14 C.F.R. §91.119(c)- Minimum safe altitudes: General. The regulation provides that over 

sparsely populated areas the aircraft cannot be operated closer than 500 feet to any person, 

vessel, vehicle, or structure. Since the UAS in this exemption will be operating at a maximum of 

400 feet AGL, this requirement cannot be followed. To provide an equivalent level of safety 

Blue Wing Resources, LLC will only fly over private property with the permission of the land 

owner. The land owner will be briefed of the expected route of flight and the associated risks to 

persons and property on the ground. We maintain that due to the small size of the UAS, the 

hazard to persons, vessels, vehicles, and structures is not comparable to manned aircraft and 

should be considered in granting the exemption. Furthermore, Blue Wing Resources, LLC will 

not operate over congested areas nor over any open air assembly of persons. 

14 C.F.R. §91.121- Altimeter settings. The regulation states that aircraft shall maintain 

cruising altitudes by reference to an altimeter setting available within 100 nautical miles ofthe 

aircraft. The UAS will fly below 400 feet.AGLand will not need to maintain hemispherical 

cruising altitudes in order t.o de-conflict< with other aircraft. To provide an eq\iivalent level of 

safety, the autopilot calculates the reference altitude (ground·level) with the on-board GPS , 

during the pre-flight tests. The GPS and barometer data are then used to calculate the altitude, inflight. 

Blue Wing Resources, LLC also seeks an exemption from the requirements of Section 

91.121, entitled Altimeter Settings, as the DJI Phantom 2, Phantom 3 Professional, Inspire l, 

S900, S 1000, and Matrice 100 UAs will not have a typical barometric altimeter ortboard. 

However, altitude information of the DJI Phantom 3 Professional and DJI Inspire 1 UAs will be 

provided to the PIC via Global Positioning System (GPS) equipment and radio communications· 

telemetry data link, which downlinks from the UA to the GCS for active monitoring of the flight 

path. This altitude information, combined with Blue Wing Resources, LLC's operation of the 

DJI Phantom 2, Phantom 3 Professional, Inspire 1, S900, S1000, and Matrice 100 UASs within 

visual line of sight, at or below 400 feet AGL, will ensure a level of safety equivalent to Section 

91.121. 

14 C.F.R. §91.151(a) -Fuel requirements for flight in VFR conditions. The regulation states 

that no person may begin a flight in an airplane under day-VFR conditions unless there is enough 

fuel to fly to the first point of intended landing and to fly after that for at least 30 minutes. As the 

aircraft in this request are electric-powered, this requirement is inapplicable. An equivalent level 

of safety is achieved through a low battery power warning. The DJI UAS are designed to 

automatically.retum to base and.land safely when the power is too low. 

Additionally, Blue Wing Resources, LLC seeks an exemption from the req~irements of 

Section 9l.l5l(a), entitled Fuel requirements for flight in VFR conditions. Blue Wmg Resources, 

LLC submits that safety will not be affected by operation of the DJI Ph~ntom 2, P~ant~m 3 

Professional, Inspire 1, S900, s 1000, and Matrice, 100 UAs during d~yhght hours m VIsual 

meteorological conditions (VMC) under visual flight rules (VFR), with enough battery power to 

; I \ ~.: l ' 

,, 
fly for a total duration of approximately 13.5 minutes to the first point of intended landing and, 

assuming normal cruising speed, to fly after that for at least 4.5 minutes. 

14 C.F.R. Subpart E (§91.401- §91.417)- Maintenance, Preventive Maintenance, and 

Alterations. The regulation provides that the operator is primarily responsible for maintaining 

the aircraft in an airworthy condition, including compliance with part 39 and 43. Paragraphs 

91.407 and 91.409 require that the aircraft be "approved for return to service by a person 

authorized under 43.7" after maintenance and inspection. Blue Wing Resources, LLC plans to 

have the PIC perform maintenance and inspection of the aircraft and "be authorized to approve 

the aircraft for return to service." The PIC will ensure that the aircraft is in an airworthy 

condition prior to flight and conduct detailed inspections after every 10 flight hours. 

Additionally, checklists 5 will be utilized with all of the necessary pre-flight procedures prior to 

every flight operation. The PIC will document work performed in accordance with 91.417. We 

feel that due to the size, construction, and simplicity of the aircraft, the PIC can ensure an 

equivalent level of safety. 

Accordingly, Blue Wing Resources, LLC requests,relieffrom Sections 91.405(a), 

91.407(a)(l), 91:409(a)(l) & (a)(2), and 91.4l7(a)& (b), a;s these sections set forth requirements 

for maintenance that only apply to aircraft with an airworthiness certificate. Blue Wing 

Resources, LLC submits that the requested relief is proper since an equivalent level of safety will 

be ensured. Blue Wing Resources, LLC will use experienced personnel or technicians to perform 

maintenance, alterations, or preventive maintenance on the UASs using the methods, techniques, 

and practices prescribed in the operating documents (Exhibits A-I). Furthermore, Blue Wing 

Resources, LLC will document and maintain all maintenance records for the DJI Phantom 2, 

Phantom 3 Professional, Inspire 1, S900, SlOOO, and Matrice 100 UASs. 

III. Aircraft Background and Equivalent Level of Safety · 

Blue Wing Resources, LLC seeks an exemption from the Federal Aviation Regulations 

detailed below for the DJI Phantom 2, Phantom 3 Professional, Inspire 1, S900, S 1000, and 

Matrice 100 UAS. 

The largest ofthese six systems, the S1000 UAS, has a maximum gross takeoffweight of 

24.3 lbs. All of the proposed UAS are multi-rotor aircraft with electric propulsion. These UAS 

are all commercial platforms from DJlwith a,prdven track record and have been approved for 

flights in the National Airspace under several different FAA Certificates of Authorization 

(COA). 

a. The specifications of the DJI Phantom 2, Phantom 3 Professional, Inspire 1, 

S900, SlOOO, and Matrice 100 UASs demonstrate its safe characteristics. 

The DJI Phantom 2, Phantom 3 Professional, Inspire 1, S900, S1000, and Matrice 100 

UASs do not create a hazard to users of the NAS or the public, or otherwise pose a threat to 

national security considering size, weight, speed, and operational capability. (see Exhibits A-I) 

The technical specifications. of the DJI 'Phantom 3 Professional and DJI Inspire 1 U ASs 

are set fo~h b~ the OJI Phantom 2, Phantom 3 Professional, Inspire 1, S900, SlOOO, and Matrice 

100 SpecificatiOns and Data Sheet, attached hereto as Exhibits A - I 
The DJI Phantom 2, Phantom 3 Professional, Inspire 1, S900, S 1000, and Matrice 100 

UASs may be operated in both manual and fully autonomous flight modes. A complete 

description of the flight and navigational modes of the DJI Phantom 2, Phantom 3 Professional, 

Inspire 1, S900, SIOOO, and Matrice 100 UASs is provided in the respective User Manuals, 

attached hereto as Exhibits A -I. 

When the Control Link is lost, the DJI Phantom 2, Phantom 3 Professional, Inspire 1, 

S900, S 1000, and Matrice 100 UAs will remain stationary, in flight, for 3 seconds or more. If, 

after 3 seconds, DJI Phantom 2, Phantom 3 Professional, Inspire 1, S900, S1000, and Matrice 

100 UAs do not reacquire control link data from the GCS, the UAs will assume that the Control 

Link is lost and the UAs will return to the home position (i.e., failsafe mode) via GPS, and will 

descend to the takeoff position and shutdown. 

A complete description of the Failsafe Functions and operations and specifications of the 

DJI Phantom 2, Phantom 3 Professional, Inspire 1, S900, SlOOO, and Matrice 100 UAS are set 

forth in the User Manuals, attached hereto a~ .Exhibits A through I. 

. :,•, 

b. Safety Operations and Restrictions , , ·" \ ·. ~ 

Blue Wing Resources, LLC will operate in accordance with FAA N 8900.227•and utilize 

both a Pilot in Command (PIC) and a ground-based visual observer (VO). Blue Wing Resources, 

LLC will also utilize emergency, lost link, and lost communication procedurefi that are available 

upon request. All flights under these exemptions will be conducted with the following 

restrictions: 

1. Flights will be conducted at an altitude of no more than400 feet above ground level 

(AGL). Altitudes will be reported in feet AGL. 

2. The UAS will be operated only in predetermined private, controlled access or public 

property where approved and will do so with the property owner's consent and 

knowledge and that only people who have consented or otherwise have agreed will be in 

the area where aerial videography and photography will take place. All permissions, 

authorizations, permits, grants or other required authorizations will be secured prior to 

operation. 

3. The UAS will not be operated over populated,.areas. · 

4. The UAS will not be operated within 5 nauti.cal miles (NM) of an 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 hold~r .. The letter of 

agreement with the airport management will be made available to the Admmtstrator or 

any law enforcement official upon ·request. , , . . . t 

5. The UA will remain clear and give way to aU manned aviation operations and acttvttles a 

~~ ~:~~~s will be limited to daytime ,operatj~ns under visual ~eteorological conditions. 

6

' u~s operations will not be conducted during night, a~ defined.~~ 14 CFR 1.1. All 

operations will be conducted under visual meteorological condttlons (VMC). 
7. The UAS will be operated within visual line ofsight (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. 

8. All operations will utilize aVO. The VO may be used to satisfy the VLOS requirement 

as long as the PIC always maintains VLOS capability. The VO and PIC will be able to 

communicate verbally at all times. Electronic messaging or texting will not be permitted 

during flight operations. The PIC will be designated before the flight and will not transfer 

his or her designation for the duration of the flight. The PIC will ensure that the VO can 

perform the duties required of the VO. 

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

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

functional test flight prior to conducting further operations. Functional test flights will 

only be conducted by a PIC with a VO and will 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. 

10. The UAS will 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. 

11. The PIC will abort the flight in the event ofunpredicted obstacles or emergencies. 

12; The liAS will have a maximum GTOW ofless than 55 lbs. 

13. All aircraft operated in accordance with the proposed exemption will be identified by 

serial number, registered in accordance with 14 CFR part 47, and have identification 

(N*Number) markings in accordance with 14 CFR part 45, Subpart C. Markings will be 

as large as practicable. 

14. The PIC and VO will possess the certifications required under N 8900.227. The PIC will 

hold either an airline transport, commercial, private, recreational, or sport pilot certificate. 

The PIC will also hold a current FAA airman medical certificate or a valid U.S. driver's 

license issued by a state, the District of Columbia, Puerto Rico, a territory, a possession, 

or the Federal government. The PIC will 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. 

15. Any PIC will not operate the UAS unless the PIC demonstrates the ability to safely 

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

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 CFR §61.51(b). Flights for 

the purposes of training the operator's PICs and VOs (training, proficiency, flight 

experience-building) and determining the PIC's ability to safely operate the UAS in a 

manner consistent with how the UAS Will be operated ttndet the terms of the exemption 

in accordance with the Phantom Pilot Training Guide prior to conducting conventional 

operations (See Exhibit F). Training operations will 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 

will operate the U A with appropriate distance from nonparticipants in accordance with 14 

CFR §91.119. · . ... . · 
16. No operator or observer will engage in, nor may an operator or observer permit, any 

activity during a critical phase of flight which could distract any operator or observer 

from the performance of his/her duties or interfere in any way with the proper conduct of 

his/her duties. 

17. The PIC and observers will maintain two-way communications with each other during all 

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

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

conclude the operation. 

18. The aircraft will automatically return to a specific location if the communications link is 

lost. If the UA loses communications or loses its GPS signal, the UA will return to a 

predetermined location within the private, controlled access or public property. 

19. All flight operations will 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 will 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 will cease immediately in a .manner ensuring the safety of nonparticipating 

persons; and, · 1 , · ' ·· • ; , • • ' .. ' 

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. 

20. The PIC will conduct a pre-flight inspection prior to each flight so as to ensure that the 

UAS and associated systems are in a condition for safe operation. If the inspection 

reveals a condition that affects the safe operation of the UAS, the aircraft will not be 

operated until the necessary maintenance has been performed and the UAS is found to be 

in a condition for safe flight. 

21. Blue Wing Resources, LLC is responsible for maintaining and inspecting the UAS to 

ensure that it is in a condition for safe operation in accordance with the manufacturer's 

requirements. Blue Wing Resources, LLC will follow the UAS manufacturer's 

maintenance, overhaul, replacement, inspection, and life limit requirements for the 

aircraft and aircraft components. (see Exhibits A-I for all manuals). Each UAS operated 

under the exemption will comply with all manufacturer safety bulletins. 

22. The PIC will not begin 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. 

23. The UA will not be operated at a speed exce.eding 87 knots (100 miles per hour~. In no 

case will the UA be operated at airspeeds greater than the max~~um UA operatmg 

airspeed recommended by the aircraft manufacturer. (see Exhtbtts A -.I for the DJI 

Phantom 2, Phantom 3 Professional,.Inspire;,l, S900, SlOOO, ·and Matrtce 100 UASs 

Operating/Instruction Manuals). ' ·': ' · · . 24. Any incident, accident, or flight operation :.that transgress.es the lateral ~r verttcal 

boundaries of the operational area as defined by the· applicable C~A will be reported to 

the FAA's UAS Integration OffiGe (AFS:-:80): within 24 hours. Acctdents must be reported 
to the National Transportation Safety Board (NTSB) per instructions contained on the 

NTSB Web site: www.ntsb.gov. 

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

operations shall be conducted in accordance with an A TO-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 granted COA. 

26. All documents needed to operate the VAS and conduct its operations in accordance with 

the conditions and limitations in a grant of exemption (hereinafter referred to as the 

operating documents) will be accessible during VAS operations and made available to the 

Administrator upon request. 

IV. The reasons why granting Blue Wing Resources, LLC's request would be in the public 

interest. 

The Administrator may grant an exemption from a requirement of a regulation prescribed 

under subsection (a) or (b) of Section 333 of the Re'form Act or any sections from 44702-44716 

ofthis title ifthe Administrator finds the exemption in the public interest. 

Blue Wing Resources, LLC's request fits the defined criteria as established by Congress 

and the FAA based upon the small size ofthe sVAS involved and the predetermined 

environment within Which they will operate. Due to the defined operational parameters there are 

no national security issues. Based upon the ,intent and specific language as provided in Section 

333 ofthe Reform Act and the authority ofthe FAA, there exists a significant public benefit for 

granting this exemption. 

The use of VAS technology to obtain imagery, information and data currently obtained 

by the use of manned aircraft and satellites or manual methods: (1) statistically reduces risk to 

human life due to manned aircraft accidents and due to other dangerous activities that can be 

avoided; (2) reduces the cost of obtaining such information, which benefits consumers and the 

economy; (3) reduces potential environmental impacts by eliminating emissions; ( 4) bolsters 

local economies via the introduction of new technology. 

By using the DJI Phantom 2, Phantom 3 Professional, Inspire 1, S900, S1000, and 

Matrice 100 VASs to·perform aerial acquisitions, the substantial risk to life and property in the 

air and on the ground, which is usually associated with traditional manned aircraft flight 

operations, will be substantially reduced or completely eliminated. Aside from the lack of flight 

crew members located onboard the aircraft, the DJI Phantom 2, Phantom 3 Professional, Inspire 

1, S900, S 1000, and Matrice 100 VAs have less physical potential for collateral damage to life 

and property on the ground, and in the air, compared to the manned aircraft that typically 

conduct similar operations (weighing approximately 6,000 pounds with a wingspan of 

approximately 42 feet, a length of34 feet, and a fuel ·capacity of 180 gallons). 

Also, conducting aerial acquisitions with the DJI Phantom 2, Phantom 3 Professional, 

Inspire~· S900, S1000, and Matrice 100 VASs, instead of manned aircraft, will greatly benefit 

the ~~bhc by ~rast.icallyredu~ing the levels ofair and noise pollution generated during 

tradtt~onal aenal vtdeo and still photography flight operations. By using battery power and 

electric motors; the DJI Phantom 3 ProfessionaUmd DJI Inspire 1. UASs produce no air 
pollution, and is the most viable, environmentally conscious alternative to the cabin class, six 

cylinder internal combustion engine aircraft that are typically utilized for aerial video and 

photography, while burning approximately 20-30 gallons per hour ofleaded aviation fuel. The 

DJI Phantom 2, Phantom 3 Professional, Inspire 1, S900, S 1000, and Matrice 100 UAs, while 

reducing the carbon footprint of aerial acquisitions, also eliminates noise pollution, as the UAs 

are propelled by battery powered electric motors, rather than an internal combustion engine. 

In addition to safety and efficiency, the DJI Phantom 2, Phantom 3 Professional, Inspire 

1, S900, S 1000, and Matrice 100 UASs are also an economical alternative to using. manned 

aircraft to conduct similar aerial operations. As such, operation of the DJI Phantom 3 

Professional and DJI Inspire 1 UASs will allow United States based companies like Blue Wing 

Resources, LLC to remain competitive and contribute to growth of the U.S. economy. 

Specifically, with the rising cost of aviation fuel and the Environmental Protection Agency 

("EPA") regulatory actions phasing out leaded aviation fuels, U.S. owned and operated 

companies must adopt new and alternative technology in order to remain competitive. Operating 

the battery poweredDJI Phantom 2, Phantom 3 Professional, Inspire 1, S900, S1000, and 

Matrice 100 UASs is one such technology that not only allows companies greater operational 

flexibility compared to manned aircraft, but provides such flexibility without the high 

operational cost of a traditional manned aircraft.· ' ' . ,, 

By operating the DJI Phantom 2, Phantom 3 Professional, Inspire 1, S900, 81000, and 

Matrice 100 UASs, companies such as Blue Wing Resources, LLC, can remain competitive and 

profitable, and therefore, provide greater job stability to employees and contractors, which will 

ultimately contribute to growth of the U.S. economy. Improved financial performance ofU.S. 

companies, through commercial use of the DJI Phantom 2, Phantom 3 Professional, Inspire 1, 

S900, S1000, and Matrice 100 UASs, provides a stable workforce that increases consumer 

spending; improves local, state, and federal tax revenues; and allows companies to invest in 

research and development in order to remain competitive both in the United States and abroad. 

V. There Are No Privacy Issues. 

Similar to the manned aerial acquisition flight operations that have been conducted for 

decades, Blue Wing Resources, LLC's proposed operation of the DJI Phantom 2, Phantom 3 

Professional, Inspire 1, S900, S 1000, and Matrice 100 UASs will not implicate any privacy 

issues. 

Specifically, the DJI Phantom 2, Phantom 3 ':Professional, Inspire 1, S900, SlOO?, .and 

Matrice 100 UASs will be operated only in compliance with operating document~ (Ex?tbtts A-!) 

which requires property owner involvement as~well as loc.allaw en~o~cement ~ottficatto?, and m 

accordance with the Federal Aviation Regulations,,includmg the mtmmum alt1tude requtrements 

ofl4 C.P.R.§ 91.119. Y , 

VI. Unnecessary to Publish Requestfo~ Exemptjon in the Federal Register. 

The Administrator has stated that It may: ' , . . " issue a summary grant when Jt finds it has already granted a previous h 

exempti~~ ~imilar to the new request. Summary grants are far more efficient because t ey 

'• 
don't need to repeat the analysis performed for the original exemption on which they are 

based. Summary grants are a tool the FAA can use in all exemption areas, not just UAS. 

The FAA's experience in reviewing the Section 333 petitions shows they 

generally fall into two categories: film/television production and aerial data collection. 

Most exemptions in these categories will likely be handled through the summary grant 

process. For unique requests, the agency will still publish the petition in the Federal 

Register for public comment and will conduct a detailed analysis." 

Federal Aviation Administration. (2015). Petition for Exemption or Rulemaking 

Retrieved March 8, 2015, from: 

http://www.faa.gov/regulationspolicies/rulemaking/petition/#exemptions 

It is the position of Blue Wing Resources, LLC that this request for exemption is similar 

in all material respects to relief previously requested in Grant ofExemption Nos. nA62, 11109, 

11110, 11112, 11158, 11160, 11171, 11189, 111213, 11277 and that the reasons for granting the 

request also apply to the present situation and a grant of exemption is in the public interest. 

Therefore, Blue Wing Resources, LLC requests the Administrator issue a summary grant of 

exemption in the instant request. 

VII. Summary language if necessary to publish Request for Exemption in the Federal 

Register. 

Should the Administrator determine that this Request for Exemption must be published in 

the Federal Register, Blue Wing Resources, LLC provides the following summary for the 

publication: 

Blue Wing Resources, LLC seeks an exemption from the following rules: 

14 C.P.R. §21, subpart H; 14 C.P.R. 91.203(a) and (b); 14 C.F.R 45.23(b); 14 C.F.R 61.23(a) 

and (c); 14 C.P.R. §§61.113(a) and (b); 14 C.P.R. 91.7(a); 14 C.P.R. 91.9(b)(2); 14 C.P.R. 

91.109 (a); 14 C.P.R. 91.119; 14 C.P.R. 91.121; 14 C.P.R. 91.151(a); 14 C.P.R. 91.103(b); 14 

C.P.R. 91.405(a); 14 C.P.R. 91.407(a) (1); 14 C.P.R. 91.409(a) (2); and 14 C.P.R. 91.417(a) & 

(b) for the purpose of ( 1) mapping and surveying natural resource impacts including linear 

infrastructure such as pipelines, powerlines, and roads; (2) mapping and surveying invasive 

plant species; (3) mapping and surveying aquatic and terrestrial habitat; (4) supporting 

emergency incident command for emergency management operations in pre-planned, 

controlled access property, private and public areas commercially utilizing a small unmanned 

vehicle (55lbs or less); and, (5) increasing public knowledge ofUAS and promote safe UAS 

operations. 'I · , .. 

As set forth herein, Blue Wing Resources, LLC seeks an exemption pursuant to 14 C.F .R. § 

11.61 and Section 333 ofthe FAA Modernization and Reform Act of2012 (FMRA), which will 

permit safe operation ofthe DJI Phantom 2, Phantom 3, Inspire 1, S900, S1000, and Matrice 100 

U~Ss c~mmercially, without an airworthiness certificate, for the limited purpose of conducting 

aenal vtdeo and photography over certain areas· of the United States. By granting this Petition, 

the FAA Administrator will be fulfilling the Congressional mandate of the FAA Modernization 

and Reform Act of2012, while also advancingthe interests of the public, by allowing Blue Wing j ) f'' ''~ 
Resources, LLC to safely, efficiently, and economically operate the DJI Phantom 2, Phantom 3, 

Inspire I, 8900, S I 000, and Matrice I 00 UASs commercially within the NAS. 

Sincerely, 

~~±~~ Blue Wing Resources, LLC 

Attachments: 

Exhibit AExhibit BExhibit CExhibit DExhibit EExhibit FExhibit GExhibit HExhibit IDJI Phantom 2 User Manual 

DJI Phantom 3 Professional User Manual 

DJI Inspire 1 User Manual 

DJI 8900 User Manual 

DJI SIOOO User Manual 

DJI Matrice 100 User Manual 

DJI Phantom Pilot Training Guide 

DJI Inspire 1 Maintenance Manual 

DJI Safety Guidelines & Disclaimer