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 of 2012 and

14 C.F.R. Part 11

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

Aircraft System pursuant to Section 333 of the FAA Modernization and Reform Act of 2012

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

Aircraft System (UAS) 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 effectiveness. 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 of Blue 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 of UAS and promote safe UAS 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) of the Reform Act required the Secretary of Transportation ".

. . 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 of this Act or the

guidance required by section 334 of this Act."

The Secretary is required to assess the UASs and determine if the UAS may safely

operate in the National Air Space (NAS) based upon the following criteria:
(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 threat to national

security; and,

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

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

operation of unmanned 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) of the 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 of 2012 (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 airworthiness 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 of the speed, weight, size, and limited operating area associated with the

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

Phantom 3 Professional, Inspire 1, S900, S1000, 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 seeks the requested relief because the DJI Phantom 2,

Phantom 3 Professional, Inspire 1, S900, S1000, and Matrice 100 UASs do not require an
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,

S1000, and Matrice 100 UASs are in airworthy condition based upon its compliance with the

operating documents (Exhibits A-I) 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 of the 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 a commercial pilot

certificate Given the size of the UAS in this petition and the limited flight area and the safety

features integrated in the autopilot an Equivalent Level of Safety can be reached if the 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 aircraft 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 of UAS 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 of FAA 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 achieved through operation with a private pilot certificate.

The risks associated with the operation of the DJI multi-rotor aircraft (given the size, speed,

operational capabilities, and lack of combustible fuel) are so much less than the level of risk

associated with fixed wing and rotorcraft operations, both private and commercial, as

contemplated by Part 61, that allowing operations of these 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 of Section 61.113(a) and (b), entitled Private pilot

privileges and limitations: Pilot in command, is requested by Blue Wing Resources, LLC to the

extent necessary to allow a Pilot in Command (PIC) holding a private pilot or higher level

certificate, as well as an airman medical certificate, and who has demonstrated, by meeting

minimum flight- hour and currency requirements, that the PIC 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 aircraft

airworthiness, because the DJI Phantom 2, Phantom 3 Professional, Inspire 1, S900, S1000, and

Matrice 100 UASs do not require an airworthiness 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 of this 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 of the 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 91.109(a) provides that no person may operate a civil aircraft that is being used for

flight instruction unless that aircraft has fully functioning 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 control 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 of the

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

cruising altitudes in order to de-conflict with other aircraft. To provide an equivalent 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 1,

S900, S1000, and Matrice 100 UAs will not have a typical barometric altimeter onboard.

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

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

Section 91.151(a), entitled Fuel requirements for flight in VFR conditions. Blue Wing Resources,

LLC submits that safety will not be affected by operation of the DJI Phantom 2, Phantom 3

Professional, Inspire 1, S900, S1000, and Matrice 100 UAs during daylight hours in visual

meteorological conditions (VMC) under visual flight rules (VFR), with enough battery power to
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 relief from Sections 91.405(a),

91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), as 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, S1000, 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, S1000, and

Matrice 100 UAS.

The largest of these six systems, the S1000 UAS, has a maximum gross takeoff weight of

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

are all commercial platforms from DJI with a proven 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, S1000, 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 UASs

are set forth by the DJI Phantom 2, Phantom 3 Professional, Inspire 1, S900, S1000, and Matrice

100 Specifications and Data Sheet, attached hereto as Exhibits A - I
The 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 of the DJI Phantom 2, Phantom 3 Professional,

Inspire 1, S900, S1000, 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 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, S1000, and Matrice 100 UAS are set

forth in the User Manuals, attached hereto as 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 procedures 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 than 400 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 nautical 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 holder. The letter of

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

any law enforcement official upon request.

5. The UA will remain clear and give way to all manned aviation operations and activities at

all times.

6. Operations will be limited to daytime operations under visual meteorological conditions.

UAS operations will not be conducted during night, as defined in 14 CFR 1.1. All

operations will be conducted under visual meteorological conditions (VMC).
7. The UAS will be operated within visual line of sight (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. Al1 operations will utilize a VO. 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 of unpredicted obstacles or emergencies.

12. The UAS will have a maximum GTOW of less 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 under 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 UA 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,

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 exceeding 87 knots (100 miles per hour). In no

case will the UA be operated at airspeeds greater than the maximum UA operating

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

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

Operating/Instruction Manuals). 

24. Any incident, accident, or flight operation that transgresses the lateral or vertical

boundaries of the operational area as defined by the applicable COA will be reported to

the FAA's UAS Integration Office (AFS-80) within 24 hours. Accidents 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 ATO-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 UAS 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 UAS 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 Reform Act or any sections from 44702-44716

of this title if the 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 of the sUAS 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 of the Reform Act and the authority of the FAA, there exists a significant public benefit for

granting this exemption.

The use of UAS 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 UASs 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, S1000, and Matrice 100 UAs 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 of 34 feet, and a fuel capacity of 180 gallons).

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

Inspire 1, S900, S1000, and Matrice 100 UASs, instead of manned aircraft, will greatly benefit

the public by drastically reducing the levels of air and noise pollution generated during

traditional aerial video and still photography flight operations. By using battery power and

electric motors, the DJI Phantom 3 Professional and 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 of leaded aviation fuel. The

DJI Phantom 2, Phantom 3 Professional, Inspire 1, S900, S1000, 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, S1000, 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 powered DJI 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, S1000, 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 of U.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, S1000, and Matrice 100 UASs will not implicate any privacy

issues.

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

Matrice 100 UASs will be operated only in compliance with operating documents (Exhibits A-I)

which requires property owner involvement as well as local law enforcement notification, and in

accordance with the Federal Aviation Regulations, including the minimum altitude requirements

of 14 C.F.R. § 91.119.

VI. Unnecessary to Publish Request for Exemption in the Federal Register.

The Administrator has stated that it may:

". . . issue a summary grant when it finds it has already granted a previous

exemption similar to the new request. Summary grants are far more efficient because they
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 of Exemption 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.F.R. §21, subpart H; 14 C.F.R. 91.203(a) and (b); 14 C.F.R 45.23(b); 14 C.F.R 61.23(a)

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

91.109 (a); 14 C.F.R. 91.119; 14 C.F.R. 91.l21; 14 C.F.R. 91.151(a); 14 C.F.R. 91.103(b); 14

C.F.R. 91.405(a); 14 C.F.R. 91.407(a) (1); 14 C.F.R. 91.409(a) (2); and 14 C.F.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 of UAS and promote safe UAS

operations.

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

11.61 and Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA), which will

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

UASs commercially, without an airworthiness certificate, for the limited purpose of conducting

aerial video 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 of 2012, while also advancing the interests of the public, by allowing Blue Wing