UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION WASHINGTON, D.C.



### INTHE MATTEROFTHE PETITIONFOREXEMPTION OF: BLUE WING RESOURCES, LLC FORAN EXEMPTION SEEKING RELIEFFROMTHE REQUIREMENTS OF TITLE 14 OFTHE CODE OFFEDERAL 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 OFTHE DJIPhantom 2, Phantom 3 Professional, Inspire 1, S900, S1000, andMatrice 100 AIRCRAFT SYSTEMS PURSUANT TO SECTION 333 OF THE FAA MODERNIZATION AND REFORM ACT OF2012 (PUBLIC LAW 112-95)

Submitted on November 8, 2015 Kelli Taylor-Gammons Blue Wing Resources, LLC 1148 Northfield Rd., #57 CedarCity, UT 84721

Tel: (435) 770-4885

# -**~---------------**

Dear Sirand Madam;

RE: Exemption request under Section 333 ofthe FAA Modernization and Reform Act of2012 and 14 C.F.R. Part 11

Blue Wing Resources, LLC respectfully seeks exemptionto operate an Unmanned Aircraft System pursuant to Section 333 oftheFAA 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 ofconducting 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 theircommercial, public, and non-profitprojects.

The ownerofBlue Wing Resources, LLC has over 15 years ofprofessional experience in natural resource management and remote sensing/photogrammetry. The objective.ofBlueWing. 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 thefollowing information in support ofits petition for exemption:



### Name and address ofthePetitioner: Blue Wing Resources, LLC c/o Kelli Taylor-Gammons 1148 Northfield Rd., #57 CedarCity, UT 84271 Tel: (435) 770-4885 Email: bluewingresources@gmail.com



### I. FAA authority for granting exemptions

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

.

. . to determine ifcertain unmanned aircraft systems'may operate safely in the national airspace system before completion ofthe plan and rulemaking required by section 332 ofthisAct orthe guidance required by section 334 ofthis 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 ofsight [emphasis added] do not create

a hazard to users ofthe national airspace system orthe public orpose a threatto national security; and, (2) whether a certificate ofwaiver, certificate ofauthorization, orairworthiness certification under section 44704 oftitle 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 requirementthe Secretarymay define conditions (through the Federal Aviation Administration) for the safe operation ofthe UAS.

Granting this request for exemption complies would fulfill Congress' goal in passing Section 333(a) through (c) oftheReform Act and the Federal Aviation Act.



### II. Specific Exemption Requests and EquivalentLevelofSafety Showings

Petitioner, Blue Wing Resources, LLC, pursuantto the provisions ofthe Federal Aviation Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of2012 (FMRA), Section 333,SpecialRules for Certain UnmannedAircraftSystems, 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. Part21, SubpartH: 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 ofairworthiness. Part21, Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance ofairwqrthiness certificates as required by FAR §91.203(a). BlueWing Resources, LLC requests an exemption from these rules and will utilize

an internal airworthiness process based on MIL-HDBK 516B for an equivalent level ofsafety. Such an exemption meets the requirements ofan equivalent level ofsafety under Part 11 and Section 333 ofthe Reform Act. The Federal Aviation Act and Section 333 ofthe Reform Act both authorize the FAAto exempt aircraft from the requirement for an airworthiness certificate, upon consideration ofthe size, weight, speed, operational capability, and proximity to airports and populated areas ofthe 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 ofDJIPhantom 2, Phantom 3 Professional, Inspire 1, S900, S1000, and Matrice 100UASs meets the conditions of FMRA Section 333 and therefore, will notrequire an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H;'

.'

.

Blue Wing Resources, LLC**s~ek~** the requested reliefbecause the DJI Phantom 2, Phantom 3 Professional,Inspire 

### l, S900/S

### i

# ooo: andMatrice

### '100 UASs do not require an

, - ' ";' r**~** ·q , ; {
, lairworthiness 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, S1000, and Matrice 100 UASs are in airworthy condition based upon its compliance with the operating documents (Exhibits A-1) priorto 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 ofmarks; 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, orpilot station. Given the size ofthe UAS (fuselage length of6'), this requirement is impossible to match. The equivalent level ofsafety will be achieved by having the registered N-number in 1 inch lettering on the side ofthe 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 ofan airline transport pilotcertificate in part 121 ofthis chapter (otherthan operations specified in paragraph (a)(1 )(ii) ofthis section); orPrivileges of

### ::t**~ommercial** pilot certificate Given the size:ofthe UAS in this petition.anc,i the limited flight areaand the safety features integrated in the autopilot an Equivalent**L~vel** ofSafety 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; CommercialPilot Privileges and Limitations Subsections (a) and (b) of§61.113 prohibitprivate pilots from operating aircraft in commercial operations, and §61.133(a) requires an individual operating an**aircr~ft** for compensation orhire 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.Basedupon the design features ofthe UAS, its autopilot system, and safety factors, the FAA should permit operation ofUASby 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, Chapter4, 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 achieveqthrough.operation with a private pilot certificate. Therisks associated withthe operation ofthe DJiml;!lti-rotor aircraft (given the size, speed, operational**c~pabilities,** and lack ofcombustible fuel)are so.much less than the.level ofrisk associated with fixed wing and rotorcraft operations, both pnvate and commerctal, as contemplated by Part 61, that allowing operations afthese UAS, as setforth above, meets or exceeds the present level ofsafety provided under 14 C.F.R. §61.113(a) and (b) and §61.133(a).

Relieffrom certain requirements QfSection.61.113(a) and (b),.entitled Privatepilot h rivile es andlimitations: Pilotin 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 orhtgher

## le~el certificate as well as an airman medical certificate,and who has demonstrated, by meetmg minimum,flight- hour and currency requirements,,t}lattheP.JC is able to safely operate the DJIPhantom 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 ofthe aircraft self-certification utilizing MIL-HDBK 516B will provide an equivalent level ofsafety.

Relieffrom Section 91.7(a) entitled Civil aircraftairworthiness, is requested to the extent required to allow Blue WingResources, LLC to determine that the DJI Phantom 2, Phantom 3 Professional Professional, Inspire 1, S900, S1000, and Matrice 100 UASs are in airworthy condition priorto every flight by ensuring thatthe UASis in compliance with the operating documents (Exhibits A-I).

Blue Wing Resources, LLC seeks relieffrom Section 91.7(a), entitled Civil aircrqft airworthiness, because the DJI Phantom 2, Phantom'3 Professional, Inspite 1, S900, S1000, 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 thatthe DJI Phantom 2, Phantom 3 Professional, Inspire 1, S900, S1000, and Matrice 100 UASs are in an airworthy condition, priorto every flight, by determining that the UASs are in compliance with the operating documents (Exhibits A-I), and thatthe 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 thatno person may operate an aircraftunless 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 ofsafety will be achieved by keeping a hard copy oftheDJI user manual with the ground crew.

14 C.F.R. I 91.103(b) states, in pertinentpart,_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 ofintended use, and the following take-off and landing distance information;

... Forcivil aircraft for which an approved Airplane or Rotorcraft Flight Manual containing takeoffand landingdistance data is required, the takeoffand landing distance data contained therein."

14 C.F.R. §91.109(a)- Flightinstruction. Simulated instrument flight and certain flight tests Sections 91.109(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, bydesign, not equipped with fully functional dual controls. Flight control is accomplished through the use ofa cohtrol boxthat communicates withthe aircraft via radio communications. Utilizing a pilot skilled in remote piloting will provide an equivalent level ofsafety.



### 14 C.F.R. §91.119(c)- Minimum safe altitudes: General. The regulation provides that over sparsely populated areas the aircraft cannotbe operated closerthan 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 ofsafety Blue Wing Resources, LLC will only fly overprivate property with the permission ofthe land

owner. The land ownerwill be briefed ofthe expected route offlight and the associated risks to persons and property on the ground. We maintain that due to the small size ofthe UAS, the hazardto 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 ofpersons.



### 14 C.F.R. §91.121- Altimeter settings. Theregulation states that aircraft shall maintain cruising altitudes by reference to an altimeter setting available within 100 nautical miles ofthe aircraft. The UAS will fly below400 feet.AGLand will not need to maintain hemispherical cruising altitudes in ordert.o de-conflict<with otheraircraft. To provide an eq\iivalent level of safety, the autopilot calculates the referencealtitude (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 ofSection 91.121, entitledAltimeterSettings, as the DJI Phantom 2, Phantom 3 Professional, Inspire l, S900, S1000, and Matrice 100 UAs will not have a typical barometric altimeter ortboard. However, altitude information ofthe DJI Phantom 3 Professional and DJI Inspire 1UAs will be provided to the PIC via Global Positioning System (GPS) equipment and radio communications· telemetry data link, which downlinks from the UAto the GCS for active monitoring ofthe flight path. This altitude information, combined with Blue Wing Resources, LLC's operation ofthe DJI Phantom 2, Phantom 3 Professional, Inspire 1, S900, S1000, and Matrice 100 UASs within visual line ofsight, at orbelow400 feet AGL, will ensure a level ofsafety equivalent to Section 91.121.



### 14 C.F.R. §91.151(a) -Fuel requirements for flight in VFRconditions. The regulation states that no person may begin a flight in an airplane under day-VFR conditions unlessthere is enough fuel to fly to the first point ofintended landing and to fly afterthat for at least 30 minutes. As the aircraft in this request are electric-powered, this requirement is inapplicable. An equivalent level ofsafety is achieved through a low battery powerwarning. 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 forflight in VFR conditions. Blue Wmg Resources, LLC submits that safety will not be affected by operation ofthe DJI

### Ph~ntom 2,

### P~ant~m 3 Professional, Inspire 1, S900, 

# s1000, andMatrice, 100 UAs during

### d~yhght hours m VIsual meteorological conditions (VMC) under visual flight rules (VFR), with enoughbattery powerto

; I \**~.:** l ' 

### ,,fly for a total duration ofapproximately 13.5 minutes to the first point ofintended landing and, assuming normal cruising speed, to fly afterthat for at least 4.5 minutes.



### 14 C.F.R. SubpartE (§91.401- §91.417)- Maintenance, Preventive Maintenance, and Alterations. The regulation provides thatthe operatoris 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" aftermaintenance and inspection. Blue Wing Resources, LLC plans to have the PIC perform maintenance and inspection ofthe aircraft and "be authorized to approve the aircraft for return to service." The PIC will ensure thatthe aircraft is in an airworthy condition priorto flight and conduct detailed inspections after every 10 flight hours. Additionally, checklists 5 will be utilized with all ofthe necessary pre-flight procedures priorto every flight operation. The PIC will document workperformed in accordance with 91.417. We feel that due to the size, construction, and simplicity ofthe aircraft, the PIC can ensure an equivalent level ofsafety.

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 aircraftwith an airworthiness certificate. Blue Wing Resources, LLC submits that the requested reliefis proper since an equivalent level ofsafety will be ensured. Blue Wing Resources, LLC will use experienced personnel ortechnicians to perform maintenance, alterations, orpreventive 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. AircraftBackground and Equivalent Level ofSafety · Blue Wing Resources, LLC seeks an exemption from the Federal Aviation Regulations detailed belowfor the DJI Phantom 2, Phantom 3 Professional, Inspire 1, S900, S1000, and Matrice 100 UAS.

The largest ofthese six systems, the S1000 UAS, has a maximum gross takeoffweight of 24.3 lbs. All ofthe proposed UAS are multi-rotor aircraft with electric propulsion. These UAS

are all commercial platforms from DJlwitha,prdven track record and have been approved for flights in the National Airspace under several different FAA Certificates ofAuthorization (COA).



### a. The specifications ofthe 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 oftheNAS orthe public, orotherwise pose a threatto national security considering size, weight, speed, and operational capability. (see Exhibits A-I)

The technical specifications.ofthe 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 - IThe DJI Phantom 2, Phantom 3 Professional, Inspire 1, S900, S1000, and Matrice 100 UASs may be operated in both manual and fully autonomous flight modes. A complete description of the flight and navigational modes ofthe 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, S1000, and Matrice 100 UAs will remain stationary, in flight, for 3 seconds ormore. 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 takeoffposition and shutdown.

A complete description ofthe Failsafe Functions and operations and specifications ofthe DJI Phantom 2, Phantom 3 Professional, Inspire 1, S900, SlOOO, and Matrice 100 UAS are set forth in the UserManuals, 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 visualobserver (VO). Blue Wing Resources, LLC will also utilize emergency, lost link, and lost communicationprocedurefi that are available upon request. All flights underthese exemptions will be conducted with the following restrictions:

1. Flights will be conducted at an altitude ofno 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 orpublic property where approved and will do so with the property owner's consent and knowledge and that only people who have consented orotherwise have agreed will be in the areawhere aerial videography and photography will take place. All permissions, authorizations, permits, grants orotherrequired authorizations will be secured prior to operation. 3. The UAS will notbe operated overpopulated,.areas. · 

### 4. The UAS will not be operated within 5 nauti.cal miles (NM) ofan reference point (ARP)

as denoted in the current FAAAirport/Facility.Directory (AFD) orfor airports not denoted with an ARP, the centerofthe airport symbol as denoted on the currentFAApublished aeronautical chart, unless a letter ofagreement with that. airport's management is obtained orotherwise permittedbya COA issuedto the exemptiOn

### hold~r..The letter of agreementwith the airport management

### will be made available to the Admmtstrator or any law enforcement official upon·request., , . . . t 5. The UA 

### will remain clearand 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 notbe 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) ofthe PIC at all times. This requires the PIC to be able to use human vision unaided by any device otherthan corrective lenses, as specified onthe PIC's FAA-issued airman medical certificate orU.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 ortexting will not be permitted during flight operations. The PIC will be designated before the flight and will not transfer his orherdesignation for the duration ofthe flight. The PIC will ensure that the VO can perform the duties required ofthe VO. 9. Any UAS that has undergone maintenance oralterations that affectthe UAS operation or flight characteristics, e.g., replacement ofa 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 VOand 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 orless than 2,000 feet horizontally from a cloud orwhen visibility is less than 3 statute miles from the PIC. 11. The PIC will abort the flight in the event ofunpredicted obstacles oremergencies. 12;TheliAS will have a maximum GTOW oflessthan 55 lbs. 13. All aircraft operated in accordance with the proposed exemption will be identified by serial number, registered in accordance with 14 CFRpart 47, and have identification (N*Number) markings in accordance with 14 CFRpart45, Subpart C. Markings will be

as large as practicable. 14. The PIC and VO will possess the certificationsrequired underN 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 ora valid U.S. driver's license issued bya state, the District ofColumbia, Puerto Rico, a territory, a possession,

orthe 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 onhis orherpilot 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 howthe UAS will be operated underthe exemption, including evasive and emergencymaneuvers 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 oftraining the operator's PICs and VOs (training, proficiency, flight experience-building) and determiningthe PIC's ability to safely operate the UAS in a

mannerconsistent with how the UAS 

### Will be operated ttndetthe terms ofthe exemption in accordance with the Phantom Pilot Training Guide priorto 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 UA with appropriate distance from nonparticipants in accordance with 14 CFR §91.119. · . ... . ·16. No operatororobserver will engage in, nor may an operator orobserverpermit, any activity during a critical phase offlight which could distract any operatororobserver from the performance ofhis/her duties orinterfere in any way with the proper conduct of his/her duties. 17. The PIC and observers will maintain two-way communications with each otherduring all operations; ifunable to maintain two-way communications, or ifany condition occurs that may otherwise cause the operation to be unsafe, the operatorwill immediately conclude the operation. 18. The aircraft will automatically return to a specific location ifthe communications link is lost. Ifthe UA loses communications orloses its GPS signal, the UA will return to a predetermined location within the private, controlled access orpublic 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 presentthat sufficiently protect nonparticipating persons from the UA and/or debris in the event ofan accident. The operatorwill ensure that nonparticipating personsremain under such protection. Ifa situation arises where nonparticipating persons leave such protection and are within 500 feet ofthe UA, flight operations will cease immediately in a .manner ensuring the safetyofnonparticipating persons; and, · 1
, ·' ··• ; , • • ' ' 

## .. b. The owner/controller ofany vessels, vehicles or structures has granted

. · permission for operating closerto those objects and the. PIC has made a safety assessment ofthe risk ofoperating closertothose objects and determined that it does notpresent an undue hazard. 20. The PIC will conduct a pre-flight inspection priorto each flight so as to ensure that the UAS and associated systems are in a condition for safe operation. Ifthe inspection reveals a condition that affects the safe operation ofthe 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. BlueWing 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 underthe exemption will comply with all manufacturer safety bulletins. 22. ThePIC will not begin a flight unless (considering wind and forecast weather conditions) there is enough available power for the UAto conduct the intended operation and to operate afterthat for atleast five minutes or.with the reserve powerrecommended bythe manufacturer ifgreater. 23. TheUA

### will notbe operated at a speed exce.eding 87 knots (100 miles per**hour~.** In no

case

### will the UA beoperated at airspeeds greaterthan the

### max~~um UA operatmg airspeed recommended bythe aircraftmanufacturer. (see Exhtbtts A -.I for the DJI Phantom 2, Phantom 3 Professional,.Inspire;,l, S900, SlOOO, ·and Matrtce 100UASs Operating/InstructionManuals). ' ·': ' · · . 24. Any incident, accident, or flight operation:.thattransgress.es the lateral

### ~r verttcal boundaries ofthe operational area as defined bythe· applicable

### C~A will bereportedto the FAA's UAS Integration OffiGe (AFS:-:80):within

### 24 hours. Acctdents mustbe reportedto the National Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov. 25. AirTraffic Organization (ATO) Certificate ofWaiver orAuthorization (COA). All operations shall be conducted in accordance with an ATO-issued COA. The exemption holdermay apply for a neworamended COA ifit intends to conduct operations that
cannotbe conducted underthe terms ofthe granted COA. 26. All documents needed to operate the 

### VAS and conduct its operations in accordance with the conditions and limitations in a grant ofexemption (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 requestwould be in the public interest. TheAdministratormay grant an exemption from a requirement ofa regulation prescribed under subsection (a) or (b) ofSection 333 ofthe Re'form Act orany sections from 44702-44716 ofthistitle iftheAdministrator finds the exemption in the public interest.

BlueWing Resources, LLC'srequest fitsthe defined criteria as established by Congress and the FAA based upon the small size ofthe 

### sVAS involved and the predetermined environmentwithin 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 Actand the authority oftheFAA, there exists a significant public benefit for granting this exemption.

The use of

### VAS technology to obtain imagery, information and data currently obtained bythe use ofmanned aircraft and satellites ormanual methods: (1) statisticallyreduces risk to human life due to manned aircraft accidents and due to otherdangerous activities that can be avoided; (2) reduces the cost ofobtaining such information, which benefits consumers and the economy; (3) reduces potential environmental impacts by eliminating emissions; (4) bolsters local economies viathe introduction ofnewtechnology.

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

### VASs to·perform aerial acquisitions, the substantial riskto life and property in the air and on the ground, which is usually associated with traditional manned aircraft flight operations, will be substantially reduced orcompletely eliminated. Aside from the lack offlight

crew members located onboard the aircraft, the DJI Phantom 2, Phantom 3 Professional, Inspire 1, S900, S1000, and Matrice 100 

### VAs have less physical potential for collateral damageto 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 ofmanned aircraft, will greatly benefit the

### ~~bhc by

### ~rast.icallyredu~ing the levels ofairand noise pollution generated during**tradtt~onal** aenal vtdeo and still photography flight operations. By using battery powerand electric motors; the DJIPhantom 3 ProfessionaUmd DJI Inspire 

### 1.UASs produce no airpollution, 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 perhour ofleaded aviation fuel. The DJI Phantom 2, Phantom 3 Professional, Inspire 1, S900, S1000, and Matrice 100 UAs, while reducing the carbon footprint ofaerial acquisitions, also eliminates noise pollution, as the UAs

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

In addition to safety and efficiency, the DJI Phantom 2, Phantom 3 Professional, Inspire 1, S900, S1000, and Matrice 100 UASs are also an economical alternative to using. manned aircraft to conduct similar aerial operations. As such, operation ofthe DJI Phantom 3 Professional and DJI Inspire 1UASs will allow United States based companies like Blue Wing Resources, LLC to remain competitive and contribute to growth ofthe U.S. economy. Specifically, with the rising cost ofaviation 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 orderto 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 withoutthe high operational cost ofa traditional manned aircraft.· ' '

.,, By operatingthe 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 greaterjob stability to employees and contractors, which will ultimately contribute to growth ofthe U.S. economy. Improved financial performance ofU.S. companies, through commercial use ofthe 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 taxrevenues; and allows companies to invest in research and development in orderto remain competitive both in the United States and abroad.



### V. ThereAre No Privacy Issues.

Similarto the manned aerial acquisition flight operations that have been conducted for decades, Blue Wing Resources, LLC's proposed operation ofthe DJI Phantom 2, Phantom 3 Professional, Inspire 1, S900, S1000, 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 withthe Federal Aviation Regulations,,includmg the mtmmum alt1tude requtrements
ofl4

### C.P.R.§ 91.119. Y
,


### VI. Unnecessary toPublish

### Requestfo~Exemptjonin the FederalRegister. The Administrator has statedthat 

### Itmay: '
, . . " issue a summary grant whenJt finds ithas already granted a previous h

### exempti~~**~imilar** to the newrequest. Summary grants are far more efficient becauset ey '•don't need to repeatthe analysis performed for the original exemption on which they are based. Summary grants are a tool the FAA can use in all exemption areas, notjustUAS. 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. Forunique 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 orRulemaking Retrieved March 8, 2015, from: http://www.faa.gov/regulationspolicies/rulemaking/petition/#exemptions

It is the position ofBlue Wing Resources, LLC that this request for exemption is similar in all material respects to reliefpreviously requested in Grant ofExemption Nos. nA62, 11109, 11110, 11112, 11158, 11160, 11171, 11189, 111213, 11277 andthat the reasons for granting the request also apply to the present situation and a grant ofexemption 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 ifnecessary to publish Request forExemption in the Federal Register. Should the Administratordetermine 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, subpartH; 14 C.P.R. 91.203(a) and (b); 14 C.F.R45.23(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 pursuantto 14 C.F.R. 

### § 11.61 and Section 333 oftheFAA Modernization and Reform Actof2012 (FMRA), which will permit safe operation oftheDJI Phantom 2, Phantom 3, Inspire 1, S900, S1000, and Matrice 100**U~Ss c~mmercially,**  without an airworthiness certificate, for the limited purpose ofconducting aenal vtdeo and photography overcertainareas·

### ofthe United States. By granting this Petition, the FAA Administratorwill be fulfilling the Congressional mandate ofthe FAA Modernization and Reform Act of2012, while also advancingtheinterests ofthepublic, by allowing Blue Wing

j ) f''**''~**

### Resources, LLC to 

### safely, efficiently, and economically operate the DJI Phantom 2, Phantom 3, 

### Inspire I, 8900, SI000, and Matrice I00 UASs commerciallywithin the NAS.

Sincerely,

# ~~±~~ Blue 

### Wing Resources, LLC

Attachments:

ExhibitAExhibit BExhibit CExhibit DExhibit EExhibitFExhibit GExhibit HExhibit I

### DJI Phantom 2 UserManual DJI Phantom 3 Professional UserManual DJI Inspire 1

### UserManual DJI 8900 UserManual DJI SIOOO UserManual DJI Matrice 100 UserManual DJI Phantom PilotTraining Guide DJI Inspire 1

### Maintenance Manual DJI Safety Guidelines & 

### Disclaimer