Blue Mounta in, 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
Admi nistration for exemption to the below referenced Federal Aviation Regulations that currently apply to Unmanned Aircraft Systems (UAS). 1

I. P ETITIONER I NFORMATION

B lue M ountain, I nc. (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
servi ces, 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: R oof 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 (UA V) is used.Blue Mounta in, 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 substantial ly benefici al because it allows for close inspections without requiring risk of passengers or the pilot.

II. P ETITION S UMMARY

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. § 4470 1(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. U NMANNED A IRCRAFT S YSTEMS

BMI is submitting this request for exemption for three different multi

- rotor pla tforms 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 propriet ary 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 r equirements and photogrammetry requirements of our client’s
requests, BMI may need to use any o r 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 Mounta in, 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 T ABLE 1. UAS SPECIFICATIONS AND U SER M ANUAL L INKS DJ I P HANTOM 2 S ERIES http://www.dji.com/products/phantom

- 2

- series
DJI P HANTOM 3 S ERIES http://www.dji.com/products/phantom

- 3

- series
3DR X8

- M https://st ore.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.

T ABLE 2. UAS G ROUND S TATION , G ROUND C REW AND P RE

- FLIGHT C HECKLIST G ROUND S TATION E QUIPMENT • A CONTROLLER

• A LAPTOP / SMARTPHONE / TABLET FOR DATA

COLLECTION PURPOSES (PIC WILL NOT USE THESE

ITEMS WHILE IN FLIGH T UNLESS IT IS THE D EVI C E

CONTROLLING THE UAS) G ROUND C REW • P ILOT I N C OMMAND (PIC) WI TH A DRIVER ’ S

LICENSE OR A THIRD CLASS MEDICAL CERTIF ICATE ( OR HIGHER )

• V I SUAL O BSERVER (VO) TO ASSIST THE PIC
P RE

- F LIGHT C HECKLIST • W EATHER C ONDITIONS

• C HECK H ARDWARE FOR DAMAGE
, OR ANYTHING

THAT WOULD PREVENT P ROPER OPERATIONS

• C HECK ALL BATTERIES
, MAKE SURE THEY ARE

FULLY CHARGED

• S TATION THE VO IN AN AGREED UPON AR EA FOR

THE PIC

• C HOOSE A DESIGNATED E MERGENCY LANDING SIT E

IN CASE OF LOW BATTE RY OR EMERGENCY

IV. O PERATIONS

BMI will operate the UAS according to the following parameters:

• The pilot in command (PIC) will have successfully passed the manufacturer DJI’s training progr am 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 Pil ot’s License or higher along with a Third or higher Class Medical Certificate, that person may be designated PIC pr ovided 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 Mounta in, 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 b e 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 w ith the UAS manufacturer provided operation manual.

• The UAS will be operated at an altitude of no more t han 4 00

- fe et 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 pre

flight system s check.

• Flight speed will not exc eed 87 knots.

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

V. S AFETY

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 th an 4 00

- fe et and it will weigh less than 55 pounds. All flights will be

c onducted during daylight hours and will follow the Visual Meteorological Conditions (VMC)
restrictions and r equirements.

VI. T RAINING AND Q UALIFICATIONS

The pilot in charge (PIC) will be require d to have a minimum of a sport pilot’s license 2 or higher and 25 hours of UAS flight time. Five (5) additional hours of flight time with the UAS to be used
for services wi ll 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., Exemptio n No. 11062 to Astraeus AerialBlue Mounta in, 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. P UBLIC I NTEREST

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 4 00

- fe et, this exe mption 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 pollutin g 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 ins pectors wouldn’t risk their lives for data collection that can be done by the UAS. These safety fea tures are a benefit to the public, and in turn be of the public’s interest.

VIII. R EQUESTED E XEMPTIONS

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 f or 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 3 3 3 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 ha ving 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 a n d 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 tha t

c urrently require a sport pilot’s license becauseBlue Mounta in, 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 flo wn in a limited operating area. 3 91.7 (a) Civil aircraft flight manual, marking, and placard requiremen ts 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) Prefl ight 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 c ontrols. Additionally, a sport pilot certificate ha s 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 batt eries; no fue l 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 Mounta in, 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. C ONCLUSION

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, Maint enance 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, opera te within restricted areas for a discrete period of time, and will land immediately if mechanical iss ues arise. Additionall y, it will not operate at altitudes over 400

- feet.