Blue Mountain, Inc.

10125 Mason Dixon Hwy • Burton, WV 26562

Phone: (304) 662-6486 • Fax: (304) 662-6501

October 2015

Blue Mountain, Inc. • 10125 Mason Dixon Highway • Burton, WV 26562 • PH: (304) 662-6486 • F: (304) 662-6501

www.bluemtninc.com • bmi@bluemtninc.com

October 30, 2015

United States Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

Subject: Blue Mountain, Inc.’s Petition for Exemption Request Under Section 333 of the 

FAA Reform Act to Operate Unmanned Aircraft Systems 

Dear Sir or Madam, 

This letter is for the purpose of petitioning the Secretary of Transportation and Federal Aviation 

Administration for exemption to the below referenced Federal Aviation Regulations that 

currently apply to Unmanned Aircraft Systems (UAS).1

I. PETITIONER INFORMATION

Blue Mountain, Inc. (BMI) is headquartered in Burton, West Virginia, was incorporated in 1993 

and is in the business of surveying, aerial photography, LiDAR, 3D laser scanning, engineering 

and design, GIS, and asset management. BMI hopes to expand their aerial capabilities by 

providing an alternative means of providing aerial photography, surveying services, video 

services, maintenance services, design, and asset management via UAS to provide high quality 

information through safer means of collection. 

Specific applications would include, but are not limited to: 

• Low Altitude Flight Photography

• LiDAR

• Survey Data Collection

• Progress Monitoring

o Ex: Pipeline

• Land Assessment 

o Ex: Real Estate

• Asset Management

o Ex: Roof inspection, bridge inspection, roadway inspection, ground slip 

inspection, right-of-ways inspection, etc....

• As-Builts

 1 For purposes of this request, the Petitioner uses the nomenclature “UAS” to include the aerial vehicle and the 

ground station component, which together comprise the “system.” When speaking of the aerial component only the 

term Unmanned Aerial Vehicle (UAV) is used. 
Blue Mountain, Inc.

10125 Mason Dixon Hwy • Burton, WV 26562

Phone: (304) 662-6486 • Fax: (304) 662-6501

October 2015

Blue Mountain, Inc. • 10125 Mason Dixon Highway • Burton, WV 26562 • PH: (304) 662-6486 • F: (304) 662-6501

www.bluemtninc.com • bmi@bluemtninc.com

The use of the UAS to collect data for the preceding listed services would create a safer, faster, 

and more cost effective means of providing the information. Currently a manned helicopter is 

used for many of these services, which causes multiple safety hazards and noise issues. The size

of the UAS is substantially beneficial because it allows for close inspections without requiring 

risk of passengers or the pilot. 

II. PETITION SUMMARY

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012, Pub. L. No. 112-95 

(2012), 126 Stat. 11 (Section 333) and the Federal Aviation Administration’s (FAA) general 

exemption authority under 49 U.S.C. § 44701(f), Blue Mountain, Inc. (Petitioner) herby petitions 

for exemptions from 14 C.F.R. Part 21, 14 C.F.R. §§45.23(b), 61.3, 61.113(a) and (b), 91.7, 91.9, 

91.103(b)(2), 91.105, 91.109, 91.119, 91.121, 91.151, 91.405(a), 91.407(a)(1), 91.409(a)(1) and 

(2), 91.417(a) and (b) to operate sUAS. 

The UAS operations proposed in this petition will be consistent with previously granted UAS 

Section 333 exemptions such as Exemption No. 11062, 11109, 11112, 11213, 11561 and FAA 

guidance. 

Petitioner information:

Blue Mountain, Inc.

10125 Mason Dixon Highway

Burton, WV 26562

Phone: (304) 662-6486

Fax: (304) 662-6501

III. UNMANNED AIRCRAFT SYSTEMS

BMI is submitting this request for exemption for three different multi-rotor platforms the DJI 

Phantom 2 Series, DJI Phantom 3 Series, and the 3DR X8-M. Links to the specifications and 

user manuals are listed in Table 1 and will be included separately as proprietary information.

These commercially available systems have been shown to be reliable and are popular products 

utilized by hobbyists and professionals. BMI has expertise and knowledge in the operations of 

these systems.

Depending on the data collection requirements and photogrammetry requirements of our client’s 

requests, BMI may need to use any or all of the UAS stated above. Table 2 details the 

specifications for the ground station equipment, ground crew present, and the pre-flight 

checklist.
Blue Mountain, Inc.

10125 Mason Dixon Hwy • Burton, WV 26562

Phone: (304) 662-6486 • Fax: (304) 662-6501

October 2015

Blue Mountain, Inc. • 10125 Mason Dixon Highway • Burton, WV 26562 • PH: (304) 662-6486 • F: (304) 662-6501

www.bluemtninc.com • bmi@bluemtninc.com

TABLE 1. UAS SPECIFICATIONS AND USER MANUAL LINKS

DJI PHANTOM 2 SERIES http://www.dji.com/products/phantom-2-series

DJI PHANTOM 3 SERIES http://www.dji.com/products/phantom-3-series

3DR X8-M https://store.3drobotics.com/products/x8-m

** Or a substantially similar multirotor or fixed-wing UAS. Blue Mountain, Inc. will 

notify the FAA in writing as additional multirotor or fixed-wing UAS types are 

incorporated into Blue Mountain, Inc. operations relating to this exemption. 

TABLE 2. UAS GROUND STATION, GROUND CREW AND PRE-FLIGHT CHECKLIST

GROUND STATION EQUIPMENT • A CONTROLLER

• A LAPTOP/SMARTPHONE/TABLET FOR DATA 

COLLECTION PURPOSES (PIC WILL NOT USE THESE 

ITEMS WHILE IN FLIGHT UNLESS IT IS THE DEVICE 

CONTROLLING THE UAS)

GROUND CREW • PILOT IN COMMAND (PIC) WITH A DRIVER’S 

LICENSE OR A THIRD CLASS MEDICAL CERTIFICATE

(OR HIGHER)

• VISUAL OBSERVER (VO) TO ASSIST THE PIC

PRE-FLIGHT CHECKLIST • WEATHER CONDITIONS

• CHECK HARDWARE FOR DAMAGE, OR ANYTHING 

THAT WOULD PREVENT PROPER OPERATIONS

• CHECK ALL BATTERIES, MAKE SURE THEY ARE 

FULLY CHARGED 

• STATION THE VO IN AN AGREED UPON AREA FOR 

THE PIC

• CHOOSE A DESIGNATED EMERGENCY LANDING SITE 

IN CASE OF LOW BATTERY OR EMERGENCY

IV. OPERATIONS

BMI will operate the UAS according to the following parameters:

• The pilot in command (PIC) will have successfully passed the manufacturer DJI’s 

training program prior to flight (to be included separately). 

• The UAS will always be operated by a pilot in command (PIC) with a visual observer 

(VO) to assist. If the PIC feels another operator to be qualified with the necessary skills 

to be PIC and possesses a Sport Pilot’s License or higher along with a Third or higher 

Class Medical Certificate, that person may be designated PIC provided they have a 

minimum of 25 hours flight time with a UAS, and 5 hours flight time with the specific 

UAS for the job. 
Blue Mountain, Inc.

10125 Mason Dixon Hwy • Burton, WV 26562

Phone: (304) 662-6486 • Fax: (304) 662-6501

October 2015

Blue Mountain, Inc. • 10125 Mason Dixon Highway • Burton, WV 26562 • PH: (304) 662-6486 • F: (304) 662-6501

www.bluemtninc.com • bmi@bluemtninc.com

• The UAS will be operated within the visual line of sight (VLOS) of the PIC and VO at all 

times, and the PIC and VO will be able to communicate verbally at all times.

• The PIC will ensure that a pre-flight inspection of the UAS is made before each flight, in 

accordance with the UAS manufacturer provided operation manual.

• The UAS will be operated at an altitude of no more than 400-feet above ground level.

• The UAS will be maintained within 75% of its maximum range distance. 

• All flights will occur under Visual Flight Rules (VFR) only. 

• The UAS will only be flown in Class G airspace, maintaining a distance of at least 5 

nautical miles from an airport or heliport, unless otherwise authorized by the 

airport/heliport’s management or a relevant COA. 

• When 20% battery life is reached, the UAV will be returned to a prior designated landing 

site.

• The UAS will only be flown over property that BMI or BMI’s client has received 

authorization from an authorized representative, landowner, or controller consent.

• The UAS will not be flown in densely populated areas. Distance will be maintained from 

non-participating, non-consenting persons, property, and other obstructions. 

• The flight plan will be discussed with the PIC and VO prior to flight. The information 

included in the flight plan will be:

o Flight Area and parameters, weather, potential obstacles, hazards, and flight time.

• Prior to flight, the PIC will inspect the UAS for any possible damage and conduct a preflight systems check.

• Flight speed will not exceed 87 knots.

• The UAV will not exceed 55 pounds at any time. 

V. SAFETY

The property to be inspected would be assessed to ensure that no persons, animals, or 

obstructions exist that could come into contact with the UAS while in flight, and the UAS will be 

checked by the PIC to be sure that it is fully functional and operational prior to takeoff. The UAS 

would not fly higher than 400-feet and it will weigh less than 55 pounds. All flights will be 

conducted during daylight hours and will follow the Visual Meteorological Conditions (VMC) 

restrictions and requirements. 

VI. TRAINING AND QUALIFICATIONS

The pilot in charge (PIC) will be required to have a minimum of a sport pilot’s license2 or higher 

and 25 hours of UAS flight time. Five (5) additional hours of flight time with the UAS to be used 

for services will be required by the PIC and in the manner described in this petition. The PIC will 

also have a valid driver’s license. 

 2 See, e.g., Exemption No. 11062 to Astraeus Aerial
Blue Mountain, Inc.

10125 Mason Dixon Hwy • Burton, WV 26562

Phone: (304) 662-6486 • Fax: (304) 662-6501

October 2015

Blue Mountain, Inc. • 10125 Mason Dixon Highway • Burton, WV 26562 • PH: (304) 662-6486 • F: (304) 662-6501

www.bluemtninc.com • bmi@bluemtninc.com

VII. PUBLIC INTEREST

The UASs listed within this petition for exemption are small in size, they are to be used within a 

controlled environment with constant line of sight and continuous UAS control by a certified 

PIC, and because the UAS will fly higher than 400-feet, this exemption request stays within the 

safety requirements set forth by Section 333.

Blue Mountain, Inc.’s current operating procedures, as well as competitors, currently use 

airplanes or helicopters to collect aerial CAD measurements, aerial photography, aerial video, 

and LiDAR. These planes and helicopters are large and carry crew members and flammable fuel, 

posing risks to persons and structures while polluting the environment by emitting fossil fuels. 

The current standard in roof inspections are to send people to physically station themselves on 

the roofs of buildings. This act presents a safety hazard to all involved in the inspection, and the 

property may be damaged during the inspection. If a UAS was utilized to conduct these 

functions, there would be no passengers at risk, no fossil fuels being burned, and inspectors 

wouldn’t risk their lives for data collection that can be done by the UAS. These safety features 

are a benefit to the public, and in turn be of the public’s interest. 

VIII.REQUESTED EXEMPTIONS

14 C.F.R. Part Description Reason

21 Subpart H

91.203 (a) (b)

Airworthiness Certificate The proposed parameters on size, weight, speed, 

and operating are for the UAS models discussed 

in this exemption request qualify these aircraft 

for exemption from 14 CFR part 21 Subpart H, 

in accordance with the statutory criteria provided 

in Section 333 of Public Law 112-95 in reference 

to 49 U.S.C § 44701(f)

45.23 (b) Display of marks, general The UAV body is small in size, and the 

requirements for labeling is unlikely. The 

equivalent level of safety will be achieved by 

having the registered N-number in lettering as 

large as practicable on the side of the fuselage.

61.3 Certification: Pilots, Light 

Instructors, and Ground 

Instructors

Part 61 applies to manned aircraft. It is 

inappropriate for the UAS. The PIC will be 

required to have a minimum of 25 hours of UAS 

flight time in the manner described in this 

petition and 5 hours specific to the UAS in 

question. This is designed for a manned aircraft; 

this is inappropriate for a UAS.

61.113 (a) (b) Private pilot privileges 

and limits

The operations proposed will achieve the 

equivalent level of safety of operations that 

currently require a sport pilot’s license because 
Blue Mountain, Inc.

10125 Mason Dixon Hwy • Burton, WV 26562

Phone: (304) 662-6486 • Fax: (304) 662-6501

October 2015

Blue Mountain, Inc. • 10125 Mason Dixon Highway • Burton, WV 26562 • PH: (304) 662-6486 • F: (304) 662-6501

www.bluemtninc.com • bmi@bluemtninc.com

 3 See Exemption No. 11062 to Astraeus Aerial for a table outlining the knowledge of commercial vs. private pilot 

with respect to sUAS.

of the UAS’s size, weight, and speed, and the 

fact that it will not carry any personnel and will 

be flown in a limited operating area.3

91.7 (a) Civil aircraft flight 

manual, marking, and 

placard requirements

This requirement is applicable only for manned 

vehicles with airworthiness certifications and not 

for UAS that are exempt from airworthiness 

certifications. 

91.9 (b) Civil aircraft flight 

manual, marking, and 

placard requirements

This requirement is applicable only for manned 

vehicles with airworthiness certifications and not 

for UAS that are exempt from airworthiness 

certifications. A hard copy of the user manual 

will be available to the pilot in command and the 

visual observer.

91.103 (b) (2) Preflight action Before a flight, the operator will be familiar with 

all conditions that could impact that flight. The 

operations manual includes relevant procedures 

to ensure that the UAS is ready for flight.

91.105 Flight crewmembers at 

stations

Crew members will not be on board; this does 

not apply to a UAS

91.109 Flight instruction Requirements for dual controls during flight 

instruction are not applicable because no one 

will be in the cockpit to operate controls. 

Additionally, a sport pilot certificate has no 

bearing on one’s ability to operate a UAS; we 

believe that the required UAS experience 

mentioned in the exemption will meet and 

exceed the requirements necessary to safely 

operate the UAS for the proposed purposes. 

91.119 Minimum safe altitudes UAS rules proposed by the FAA require flight 

below “minimum safe altitudes.” Compared to a 

flight with a manned aircraft, risk is considerably 

lower.

91.121 Altimeter setting No human will be aboard the UAS, so it will not 

be possible to read the altimeter. The DJI 

manufactured UASs maintain current altitude 

data during flights. They are recalibrated prior 

each flight during their pre-flight inspection. 

91.151 Fuel requirements for 

flights in VFR conditions

UAS will operate with rechargeable batteries; no 

fuel will be carried onboard the vehicle. When 

the UAS reaches 20% battery reserve, the UAS 

will be returned to a prior designated landing 

site.
Blue Mountain, Inc.

10125 Mason Dixon Hwy • Burton, WV 26562

Phone: (304) 662-6486 • Fax: (304) 662-6501

October 2015

Blue Mountain, Inc. • 10125 Mason Dixon Highway • Burton, WV 26562 • PH: (304) 662-6486 • F: (304) 662-6501

www.bluemtninc.com • bmi@bluemtninc.com

IX. CONCLUSION

Blue Mountain, Inc. wants to be a leader in safety while providing the best products available to 

our clients. This exemption would allow us to provide services thorough the safest means 

possible, without allowing our quality of work to diminish. 

We are prepared to modify or amend any part of this request to satisfy the need for an equivalent 

level of safety. Please contact us at any time if you require additional information or 

clarification.

Sincerely,

Kaley DuCoeur

Blue Mountain, Inc.

91.405, 91.407, 

91.409, 91.417

Maintenance required, 

Operation after 

maintenance, Inspections, 

Maintenance records

This requirement is applicable only for manned 

vehicles with airworthiness certifications and not 

for UAS that are exempt from airworthiness 

certifications. The PIC will conduct frequent

inspections to ensure that the UAS is ready for 

flight. This will allow the UAS to meet and 

exceed the level of safety required for manned 

vehicles as it will carry a small payload, operate 

within restricted areas for a discrete period of 

time, and will land immediately if mechanical 

issues arise. Additionally, it will not operate at 

altitudes over 400-feet.