Big Mountain Robotics, aka DroneMapper

18656 Eastridge Road

Cedaredge, Colorado 81413-8319

February 25, 2016 

 

Docket Operations, M-30 

U.S. Department of Transportation 

1200 New Jersey Avenue, SE., Room W12-140 

West Building Ground Floor 

Washington, DC 20590---0001 

 

Subject: Section 333 Petition for Exemption 14 CFR § 11.81 

Electronic Submittal – Via FDMS Website 

 

Dear Staff: 

 

This letter serves as a petition for exemption from specific rules contained in Title 14 of the Code

of Federal Regulations (14CFR), regarding the operation of a small, unmanned aircraft system 

(small UAS) in the National Airspace System (NAS). This petition has been prepared and filed in 

accordance with 14 CFR § 11.81. 

 

Operation of the Unmanned Aircraft 

The UAS will be used for precision mapping operations by Big Mountain Robotics, aka 

DroneMapper, that provides precision geo-referenced orthomosaics, digital elevation models, 

digital terrain models and 3-D point clouds to clientele worldwide. The UAS, a DJI Phantom 3 

Advanced, will be used primarily to obtain low elevation aerial photos of the terrain and 

structures to enable efficient and low cost generation of photogrammetrically produced products 

and 3-D models. These operations will benefit the public as a whole by enabling low cost image 

processing that is capable of producing accurate geo-referenced mapping products used in a 

multitude of market applications. 

 

We will implement all of the Operational Limitations, outlined in Proposed Part 107 of the

Notice of Proposed Rulemaking (NPRM). These limitations will ensure the same level of safety 

offered by the rules for which the exemption is sought. The UAS will be operated in Class G 

airspace only, and flights will not exceed 200 feet in elevation above ground level (AGL). 

 

Operations will be limited to daylight-only in Class G airspace, using visual line-of-sight 

(VLOS), in sparsely populated areas. All operations will also remain:

 

• 5 nautical miles from an airport having an operational control tower; or

• 3 nautical miles from an airport with a published instrument flight procedure, but not an 

operational tower; or
Big Mountain Robotics, aka DroneMapper

18656 Eastridge Road

Cedaredge, Colorado 81413-8319

• 2 nautical miles from an airport without a published instrument flight procedure or an

operational tower; or

• 2 nautical miles from a heliport with a published instrument flight procedure. 

 

Prior to each flight, the Pilot In Command (PIC) will perform a preflight inspection of the UAS, 

and follow the manufacturer’s pre-flight checklist and log that information. In addition, an 

Airplane Flight Manual/Phantom 3 Advanced User Manual (AFM) will also be available for each 

flight. Any anomalous indicators flagged during the pre-flight inspection will be cause for flight 

termination. The aircraft weight including camera and battery is 1.28 Kg. The Phantom 3 

Advanced Safety Guidelines also provide recommendations for the safe operation of the UAS, 

and potential hazards to be aware of. 

 

Unmanned Aircraft Pilot in Command (PIC) and Operations 

The Pilot in Command (PIC) will be an aircraft licensed pilot experienced in the safe operation of 

the Phantom 3 Advanced. As pilot in command, he/she will assume the final authority and 

responsibility for the operation and safety of the flight. During any flight operations at least one

Visual Observer (VO) will assist the PIC in verifying safety in the air and on the ground. Should 

the PIC and VO(s) be out of verbal communication distance, a set of radios will be utilized to 

assure real time communications. The Phantom 3 Advanced will be programmed prior to flight to 

fly autonomously over the area of interest. An area of interest geo-referenced polygon will be 

generated and will provide a contained geo-fence for UAS operation. Should any potential hazard 

be identified during flight operation the PIC will activate the “return home” function using the 

flight controller. The UAS will be registered in accordance with Part 47 of the 49 UCS § 44711.

 

Maintenance and repair will be performed as necessary, and a maintenance record will be 

recorded in a repair logbook. This will ensure that the UASis in a safe condition for flight. The 

Maintenance Manual for the Phantom 3 Advanced will be used as a reference.

 

Rules for Requested Exemption:

 

1. 14 CFR, Part 21, Subpart H - Airworthiness Certificates 

This section pertains to requirements for the issue of airworthiness certificates. Proposed Part

107 of the NPRM concluded that, requiring small UAS operators to conduct inspection and 

maintenance of the small UAS pursuant to the existing regulations of 14 CFR part 43, or to 

obtain a permit to operate (PTO), would not result in significant safety benefits.

2. 14 CFR, Part 91 § 91.103 - Preflight Action 

This section pertains to preflight actions for IFR flights, and reviewing information related to 

runway lengths, and takeoff and landing distances. The small UAS will never be flown under

IFR conditions, and takeoff and landing distances are not a factor on a rotorcraft. The small

UAS will undergo a preflight assessment, which will include: (1) local weather conditions; 
Big Mountain Robotics, aka DroneMapper

18656 Eastridge Road

Cedaredge, Colorado 81413-8319

(2) local airspace and flight restrictions; (3) the location of persons and property on the

ground; (4) any other ground hazards.

3. 14 CFR, Part 91 § 91.109 - Flight Instruction 

This section pertains to aircraft being used for flight instruction. The small UAS will not be

used for flight instruction.

4. 14 CFR, Part 91 § 91.119 - Minimum Safe Altitudes 

This section pertains to minimum altitudes for flight, which are a minimum of 500 feet above

the surface, and greater. The small UAS will be flown at a maximum altitude of 200 feet 

above the surface. This rule would not be applicable to Proposed Part 107 of the NPRM.

5. 14 CFR, Part 91 § 91.121 - Altimeter Settings 

This section pertains to cruising altitudes and flight levels as referenced by altimeter settings. 

In addition, the rule pertains to flights that are above a minimum altitude of 500 feet. The 

small UAS does not contain an altimeter, and will be flown at a maximum altitude of 200

feet. This rule would not be applicable to Proposed Part 107 of the NPRM.

6. 14 CFR, Part 91 § 91.151 - Fuel Requirements for VFR Conditions 

This section pertains to fuel requirements in VFR conditions when flying an aircraft to the 

first point of intended landing. The small UAS will be flown on battery power, and will 

remain within a visual line-of-sight (VLOS) at all times. This rule would not be applicable 

to Proposed Part 107 of the NPRM.

7. 14 CFR, Part 91 § 91.203(a)(1) - Civil Aircraft Certifications 

This section pertains to airworthiness certificates originally designed for manned aircraft. It is 

not practically feasible for small UAS manufacturers to complete the certification process

required of manned aircraft. Proposed Part 107 of the NPRM has accommodated nonrecreational small UAS use through a certificate of waiver or authorization (COA). The UAS 

will be registered with the FAA, and a COA would be requested subsequent to the Section 

333 exemption process.

8. 14 CFR, Part 91 § 91.405 - Maintenance Required 

This section pertains to the maintenance of manned aircraft. Proposed Part 107of the NPRM

concluded that, requiring small UAS operators to conduct inspection and maintenance of the

small UAS pursuant to the existing regulations of 14 CFR Part 43, or to obtain a permit to

operate (PTO), would not result in significant safety benefits.

9. 14 CFR, Part 91 § 91.407 - Operation After Maintenance, Preventative Maintenance 

This section pertains to aircraft maintenance, preventative maintenance, and alterations for

manned aircraft. The small UAS will not carry persons, and will not be altered to change 

flight characteristics.
Big Mountain Robotics, aka DroneMapper

18656 Eastridge Road

Cedaredge, Colorado 81413-8319

10. 14 CFR, Part 91 § 91.409 - Inspections 

This section pertains to manned aircraft inspections. Proposed Part 107 of the NPRM

concluded that, requiring small UAS operators to conduct inspection and maintenance of the

small UAS pursuant to the existing regulations of 14 CFR Part 43, or to obtain a permit to

operate (PTO), would not result in significant safety benefits.

11. 14 CFR, Part 91 § 91.417 - Maintenance Records 

This section pertains to maintenance records for manned aircraft for the 100-hour, annual,

and progressive periods. These rules are impractical for a small UAS, and would not result in 

significant safety benefits. Maintenance records for the small UAS will be kept as required. 

 

Summary of Rules for Exemption:

Sections of 14 CFR: Parts 21 and 91. Specifically including sections: Part 21, Subpart H, § 

91.103, § 91.109, § 91.119, § 91.121, § 91.151, § 91.203(a)(1), § 91.405, § 91.407, § 91.409, § 

91.417. 

 

Description of Relief Sought:

DroneMapper is seeking an exemption to commercially operate a small unmanned aircraft 

system, the DJI Phantom 3 Advanced, at an AGL of 200 feet for the purpose of precision georeferenced orthomosaic and digital elevation model constructions to be used in a wide variety of 

applications.

 

Conclusion 

Due to their light weight, small-unmanned aircraft generally pose a significantly lower risk to 

people and property on the ground, as compared to manned aircraft. The size, weight, speed, and

capability of the Phantom 3 Advanced will not create a hazard to the users of the NAS or the 

general public. Granting this request for exemption would not adversely affect safety, and would 

be in the general public interest. 

 

Sincerely, 

Pierre Stoermer, CEO

Big Mountain Robotics, aka DroneMapper

18656 Eastridge Road

Cedaredge, Colorado 81413

(970) 417-1102