Mark E. McKinnon

Matthew J. Clark Mark.McKinnon@dentons.com

Matthew.Clark@dentons.com

D 703.336.8708

D 703.336.8714

Dentons US LLP

1676 International Drive • Penthouse

McLean, VA 22102

United States

T 703.336.8800

F 703.3 36.8750 Salans FMC SNR Denton

McKenna Long

dentons.com

August 28

, 2015

To Whom it May Concern:

Pursuant to Section 333 of the FAA Moderni zation and Reform Act of 2012 (Reform Act )

and 14 C.F.R. Part 11, Utah State University ( hereinafter sometimes referred to as " USU " or

" u niversity " ) hereby applies for a Summar y Grant of Exemption from the Federal Aviation

Regulations (FARs ) identified below, to operate small unmanned aerial vehicles ( i.e., small

unmanned aircraft systems or UAS ) for conducting aerial data collection in support of i t s education

and research prog rams

. Specifically, USU seeks permission to operate the AggieAir

, DJI Spreading

Wing s1000 and DJI Spreading Wings s1000+

. USU respectfully submits that this Petition for

Exemption qualifies for expedited approval, as the Federal Aviation Administration ( F AA ) has

previously issued grants of exemption in circumstances similar in all material respects to those

presented herein

.

In addition to this Petition for Exemption, USU will also submit the following documents:

 The University UAS Operations Manual;

 A ggieAir Aircraft System and Operations Manual; and

 RS/GIS Laboratory "Mary Poppins" DJI s1000 Mandatory Pre

- Flight Checklist

USU submits this materia l as confidential document s under separate cover pursuant to 14

C.F.R. § 11.35(b), as the material conta ins confidential commercial and proprietary information that

USU has not and will not share with others. The information contained in the documents is not

generally available to the public and is protected from release under the Freedom of Information Act,

5 U.S.C. § 552 et seq. U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

Re: Petition of Utah State University for Summary Grant of Exemption Pursuant to

Section 333 of the FAA Modernization and Reform A ct of 2012U.S. Department of Transportation

August 28 , 2 015

Page 2

For your convenience, this Petition is organized as follows:

T ABLE OF C ONTENTS

P AGE

I. B ACKGROUND & D ESCRIPTION OF P ETITIONER

................................ ................................ 3

II. D ESCRIPTION OF P ROPOSED O PERATION

................................ ................................ ........... 4

III. R ELEVANT S TATUTORY A UTHORITY

................................ ................................ ................. 5

IV. USU ' S P ROPOSED UAS O PERATIONS M EET THE R EQUIREMENTS OF S ECTION

333 OF THE R EFORM A C T

................................ ................................ ................................ ... 6

A. Approval is Warranted Based on the UAS's Size, Weight, Speed, and

Operational Capability

................................ ................................ ............................. 6

B. Approval is Warranted Based on the Operational Restrictions in USU 's

Operating Documents

................................ ................................ .............................. 7

V. R EGULATIONS F ROM W HICH E XEMPTION I S S OUGHT

................................ ...................... 8

A. 91.9(c), 45.23(b) and 45.27(a): Aircraft Marking and Identification

Requirements

................................ ................................ ................................ ........... 9

B. 91.405(a), 91.407(a)(1), 91.409(a )(1) and (2); 91.417(a) and (b):

Maintenance Inspections

................................ ................................ ........................ 10

C. 61.23(a) and (c), 61.113, 61.101(e)(4) and (5), 61.315: Private,

Recreational and Sport Pilot Medical Certificate, Privileges and

Limitations

................................ ................................ ................................ ............. 10

D. 91.7(a): Civil Aircraft Airworthiness

................................ ................................ .... 11

E. 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft and 91.203(a) and

(b): Carrying Civil Aircraft Certification and Registration

................................ ... 11

F. 91.103: Preflight Action

................................ ................................ ........................ 13

G. 91.109(a): Flight Instruction

................................ ................................ ................. 13

H. 91.119(c): Minimum Safe Altitudes Over Other Than Congested Areas

.............. 13

I. 91.121: Altimeter Settings

................................ ................................ .................... 14

J. 91.151(a): Fuel Requirements for Flight in VFR Conditions

................................ 15

VI. D RUG AND A LCOHOL P ROGRAM

................................ ................................ ...................... 15

VII. P UBLIC I NTEREST

................................ ................................ ................................ .............. 15

VIII

. P RIVACY

................................ ................................ ................................ ............................ 16

IX. F EDERAL R EGISTER S UMMARY

................................ ................................ ........................ 16

X. C ONCLUSION

................................ ................................ ................................ ..................... 16U.S. Depar tment of Transportation

August 28 , 2015

Page 3

I. B ACKGROUND & D ESCRIPTION OF P ETITIONER

Since its founding in 1888, Utah State University has evolved f rom a small

- town college

tucked away in the Northern Utah mountains to a thriving research university respected around the

world. Students can choose from an array of academic and social opportunities at a university known

throughout the world for its inte llectual and technological leadership. The mission of Utah State

University is to be one of the nation’s premier student

- centered land

- grant and space

- grant

universities by fostering the principle that academics come first, by cultivating diversity of thou ght

and culture, and by serving the public through learning, discovery and engagement.

USU faculty researchers are engaged in fields of study the world can’t live without. USU is

one of Utah’ s two research universities, with a record

- breaking $220 million in external research

fundi ng received in fiscal year 2014. USU’s undergraduate research program , which allows students

to work closely with researchers, is the second oldest in the nation

. The university provides an

unparalleled environment with faciliti es, services, and technology, as well as programs and expertise

that stimulate and support the growth of research and technology

- based enterprises.

USU is dedicated to and e mbraces innovative technologies

. New UAS technologies have

enormous potential for aerial imaging and remote sensing applications. While aeri al imagery and

remote sensing are valuable tools for many applications, current sources of data ( e.g. manned aircraft

and satellite) are often too expensive, not flexible enough, and take too long t o return the imagery.

These shortcomings make available sources of aerial imagery impractical for many applications like

precision agriculture and other environmental monitoring activities. The ability to deploy a UAS

relatively quickly and repeatedly and at low altitudes, allows for acquiring very high resolution

remotely sensed research data, that would otherwise not be feasible. The ability to operate UAS

would benefit USU's research and education programs tremendously. For this reason, Utah State

Univ ersity seeks an exemption for com mercial operations of small UAS to conduct aerial data

collection in support of its education and research programs.

In accordance with 14 C.F.R. § 11.81(a), USU provides the following information in support

of its Petit ion for Exemption

.

The contact information for Petitioner is as follows:

Mac McKee

Director, Utah Water Research Laboratory

Professor, Civil and Environmental Engineering

Utah State University

8200 Old Main Hill

Logan, Utah 84322

- 8200

Phone: ( 435 ) 797

- 3188

E mai l: Mac.McKee@usu.eduU.S. Depar tment of Transportation

August 28 , 2015

Page 4

II. D ESCRIPTION OF P ROPOSED O PERATION

USU seeks an exemption pursuant to Section 333 of the Reform Act to use a number of

different UAS platforms for aerial data collection in suppo rt of a broad range of educational and

research endeavors

. By way of example, education and research programs supported by the proposed

UAS operations, include, but are not limited to: remote sensing applications to capture imagery and

scientific data in v arious environments such as wetlands, fields, and river corridors, which can then

be applied in the science of vegetation mapping , and stream and river applications ; water

management and monitoring, environmental monitoring, water resource studies, natural resource

management/exploration, irrigation habitat mapping, geographical mappin g applications,

photogrammetry

, precision agriculture

, aerial photography/ videography

, as well as tracking of

invasive wetlands plant species and other wildlife. Aerial data collected by Petitioner's UAS would

also be used to promote and market USU , as well as support student recreational and sport activities.

The University of Utah has a proven track record of safe UAS operations. The FAA has

issued Petitioner several Certi ficate of Waiver or Authorizations (COAs) for research activities using

the AggieAir UAS located in areas under the jurisdiction of Salt Lake City, Utah Air Route Traffic

Control Center (ARTCC), Anchorage, Alaska ARTCC, and Northern California Terminal Rad ar

Approach Control (TRACON):

 2009

- WSA

- 76 : Operation of the AggieAir UAS in Class G airspace at or below 600’ AGL

in the vicinity of Logan

- Cache Airport, Utah within one (1) nautical mile of 41

- 48

- 55.86N

111

- 58

- 57.30W (LHO028001.8) under the jurisdic tion of the Salt Lake City ARTC C

.

 2010

- WSA

- 40 : Operation of the Aggie Air UAS in Class E and G airspace at or below 3,000

feet AGL over the Logan City Wastewater Treatment Lagoons in Cache County, Utah under

the jurisdiction of the Salt Lake City ARTCC.

 20 11

- WSA

- 22 : Operation of the Aggie Air UAS in Class G airspace at or below 400’ AGL

within one half (1/2) mile of 41

- 48

- 55.86N 111

- 58

- 57.30W, west of Logan

- Cache Airport

under the jurisdiction of the Salt Lake City ARTCC.

 2011

- WSA

- 21

- COA

- R : Operation of the AggieAir UAS in Class G airspace at or below

600’ AGL in the vicin ity of Logan

- Cache Airport , Utah within one (1) nautical mile of 41

-

48

- 55.86N 111

- 58

- 57.30W (LHO028001.8) under the jurisdiction of the Salt Lake City

ARTCC.

 2013

- WSA

- 63 : Operation of the AggieAir UAS in Class G airspace at or below 1,000 feet

AGL in the vicinity of the Kuparuk River basin under the jurisdiction of Anchorage ARTCC

.

 2013

- WSA

- 64 : Operation of the AggieAir UAS in Class G airspace below 700 feet AGL in

the vicin ity of Logan

- Cac he Airport under the jurisdiction of Salt Lake ARTCC

.

 2014

- WSA

- 203 : Operation of the AggieAir UAS in Class E and G airspace, at or below

2,200 feet AGL , in the vicini ty of Lodi, California , under the jurisdiction of Northern

California TRACON.U.S. Depar tment of Transportation

August 28 , 2015

Page 5

 2014

- WSA

- 88 : Operation of the AggieAir UAS in Class G airspace, up to but not including

700 feet AGL in the vicinity of Logan, Utah , under the jurisdiction of Salt Lake City

ARTCC.

USU is committed to maintaining the highest standards of flight safety, and will lever age its

knowledge and experience gained operating UAS under its public COAs to ensure that the proposed

op erations are conducted safety. All UAS operations will be performed in accordance with the

accompanying USU operating documents, and in accordance wit h the requirements of an applicable

COA

. Among other things, and as detailed in the operating documents, all UAS operations will be

conducted within visual line

- of

- sight (VLOS) of the pilot and visual observer, unless otherwise

authorized by the FAA, and b e limited to daytime Visual Flight Rules ( VFR ) conditions

. Moreover,

USU 's operating documents incorporate redundant safeguards to enhance safety.

The proposed operations in this Petition for Exemption are not new or novel to the FAA

. The

FAA has previou s ly issued grants of exemption to use small UAS for aerial data collection in

support of similar educational and research activities

, including:

 Exemption No. 11552 to Sinclair Community College to conduct educational research

and training (Docket No. FAA

- 2015

- 0374);

 Exemption No. 11370 to AeroLogix Consulting, Inc. to conduct aerial surveys for land

and water resources management and environmental research (FAA

- 2015

- 0094); and

 Exemption No. 11265 to the City of Roswell Coalition to perform research, dev elopment

and validation of a formal UAS training curriculum (Docket No. FAA

- 2014

- 0732).

The low

- risk UAS operations proposed by USU in this Petition for Exemption fall squarely

within the category of aerial data collection that has been subject to previo us approval

.

III. R ELEVANT S TATUTORY A UTHORITY

This Petition for Exemption is submitted pursuant to Section 333(a) through (c) of the

Reform Act

. Congress has directed the FAA "to safely accelerate the integration of civil unmanned

aircraft systems into the national airspace system." Pursuant to Section 333 of the Reform Act, the

FAA Administrator is to permit unmanned aircraft systems to operate in the NAS where it is safe to

do so based on the following considerations:

 The UAS's size, weight, speed and op erational capability;

 Operation of the UAS in close proximity to airports and populated areas; and

 Operation of the UAS within the visual line of sight of the operator.

Additionally, the FAA Administrator has general authority to grant exemptions from the

agency's safety regulations and minimum standards when the Administrator decides a requested

exemption is in the public interest

. See 49 U.S.C. § 106(f) (defining the authority of the

Administrator); 49 U.S.C. § 44701(f) (permitting exemptions from §§ 4470 1(a), (b) and §§ 44702

–U.S. Depar tment of Transportation

August 28 , 2015

Page 6

44716, et seq. )

. A party requesting an exemption must explain the reasons why the exemption: (1)

would benefit the public as a whole, and (2) would not adversely affect safety (or how it would

provide a level of safety at least equ al to the existing rules)

. See 14 C.F.R. § 11.81 (petitions for

exemption).

IV. USU ' S P ROPOSED UAS O PERATIONS M EET THE R EQUIREMENTS OF S ECTION 333 OF

THE R EFORM A CT

USU 's proposed operations in this Petition for Exemption qualify for expedited approval via

th e summary grant process pursuant to Section 333 of the Reform Act

, as each of the statutory

criteria and relevant factors are satisfied and the FAA has previously issued grants of exemption in

circumstances similar in all material respects to those present ed in this Petition for Exemption

.

A. Approval is Warranted Based on the UAS's Size, Weight, Speed, and

Operational Capability

The AggieAir UAS meets the requirements of Section 333 of the Reform Act due to its

weight, speed and operational capabilities. AggieAir is a remote sensing UAS designed at Utah

State University specifically to collect environmental data for scientific applications and natural

resources management problems. In addition to being successful in delivering scientific data,

AggieAir has also had success in processing those data to deliver meaningful, actionable information

to end users. Precision agriculture, tracking of invasive wetlands plant species, and monitoring of in

stream fish habitat are a few examples of these successful appli cations.

The FAA has issued USU several COAs for operation of the AggieAir UAS and is familiar

with the vehicle's characteristics and operational capabilities. As demonstrated by the AggieAir's

successful track record, the vehicle is well suited and safe for performing the aerial data collection

activities proposed herein.

The AggieAir system comprises three sub

- systems: the aircraft, the sensor payload, and the

ground station. The aircraft weighs approximately has a maximum takeoff weight of about 17

p ounds. It has a 108 inch wingspan, operates at a nominal airspeed of 30 mph and has a maximum

flight time of approximately 1 hour. The aircraft is propelled using an electric brushless motor and

can roll, pitch and yaw by means of the ailerons, elevator a nd rudder using electric servos. AggieAir

also has flaps to help slow the aircraft during landing. The mo tor and the servos are all controlled by

a Paparazzi autopilot. Through the autopilot, the aircraft can be flown autonomously or manually. In

autonomou s mode, Paparazzi controls the movement of the aircraft to follow a pre

- programmed

flight plan. In manual mode, a human operator controls the aircraft through Paparazzi and the RC

receiver. The aircraft is completely autonomous and navigates according to a pre

- programmed flight

plan. This flight plan can easily be designed to send the aircraft over an area of interest to capture

using the on

- board sensor payload system. The Ground Control Station (GCS) uses a wireless

connection to monitor the flight and tr ansmit high

- level commands to the aircraft, which in turn

sends flight information (location, speed, etc.) back to the GCS. A Safety Pilot is also included in theU.S. Depar tment of Transportation

August 28 , 2015

Page 7

GCS. At any point, the Safety Pilot can take manual control of the aircraft to, for instance, avoid

collision with other aircraft. 1

The FAA is familiar with and has already determined that that the DJI Spreading Wing s1000

and s1000+ UAS also meet s the requirements of Section 333 of the Reform Act due to their weight,

speed and operational capabi lities

. See e.g.

,

 DJI Spreading Wings S1000 : Exemption No. 11731 to D&C Inspection Services, Inc.;

Exemption No. 11732 to Terraplance, LLC; Exemption No. 11733 to The Visual Arts

Group, LLC; Exemption No. 11694 to Accupoint, Inc.; Exemption No. 11633 to Principia

Inc.; Exemption No. 11318 to MicroDrone Vision Inc.; Exemption No. 11297 to Aerial

Media Systems; and Exemption No. 11297 to Shotwell Media

 DJI Spreading Wings S1000+ : Exemption No. 11777 to SkyGizmo; Exemption No. 11778

to Cloud9Drones; Exemptio n No. 11659 to Fovea Aero Systems LLC

The following shared characteristics of the AggieAir , DJI Spreading Wings s1000 and

s1000+ UAS warrant approval for a grant of exemption:

 They weigh less than 55 pounds in cluding payload;

 They all have the capabil ity to operate safely after experiencing certain in

- flight

contingencies or failures and uses an auto

- pilot system to maintain UAS stability and control.

The UAS is also able to respond to a loss of GPS or a lost

- link event with a pre

- coordinated,

predicta ble, automated flight maneuver. These safety features provide an equivalent level of

safety compared to a manned aircraft performing a similar operation and mitigate the risk of

command and control link failures;

 The radio frequencies used for operations and control of the UAS comply with the Fede ral

Communications Commission (FCC ) and other appropriate governmen t oversight agency

requirements; and

 The UAS all operate at a speed of 87 knots or less

.

B. Approval is Warranted Based on the Operational Rest rictions in USU 's

Operating Documents

The University UAS Operations Manual

, and the manuals for the selected UAS platform

(hereinafter collectively referred to as "operating documents") contain all the procedures and

limitations necessary to safely and successfully perform the proposed operations

. To expedite the

FAA's safety assessment of USU 's proposed UAS operations, USU has tailored its operating

1 Additional information on the specifications and operational capabilities of the AggieAir UAS is

located in the AggieAir Aircraft System and Operations Manual, which will be submitted under

separate cover as a proprietary and confidential document.U.S. Depar tment of Transportation

August 28 , 2015

Page 8

documents to comply with the condition s and limitations imposed on similarly situated petitioners

seeking to use small UAS for aerial data collection

. See e.g., Grant of Exemption No. 11552 issued

to Sinclair Community College, Docket No. FAA

- 2015

- 0374

. In particular, the operating documents

contain systems and procedures to permit USU to comply with the cond itions and limitations in the

FAA's Grant of Exemption

. Id

.

V. R EGULATIONS F ROM W HICH E XEMPTION I S S OUGHT

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions

. This

statutory authority, by its terms, includes exempting civil aircraft, as the term is defined under §

40101 of the Act, including UAS, from its safety regulations and minimum standards when the

Administrator decides a requested exemption is in the public interest. 2

USU seeks an exemption from several interrelated p rovisions of 14 C.F.R. Parts 45, 61 and

91 for purposes of conducting the requested operations using small UAS

, including:

2 See 49 U.S.C. § 44701(f) (authorizing the grant of exemptions from requirements of regulations

prescribed pursuant to Sections 44701(a) and (b) and Sections 44702

- 44716).

FAR Description

91.9(c); 45.23(b) and

45.27(a) Aircraft Marking and Identification Req ui rements

91.405(a); 91.407(a)(1);

91.409(a )(1) and (2);

91.417(a) and (b) Maintenance and Inspection Req ui rements

61.23(a) and (c), 61.113;

61.101(e)(4) and (5)

, 61.315 Private, Recreational and Sport Pilot Medical Certificate,

Privileges and Limitations

91.7(a) Civil Aircraft Airworthiness

91.9(b)(2); 91.203(a) and

(b) Carrying Aircraft Flight Manual, Certification and Registration in

the Aircraft

91.103 Preflight Action

91.109(a) Flight Instruction

91.119(c) Minimum Safe Altitudes Over Other than Congested Areas

91.121 Altimeter Set tingsU.S. Depar tment of Transportation

August 28 , 2015

Page 9

Listed below are the specific sections of 14 C.F.R. for which an exemption is sought, and the

operating procedures and safeguards that Petitioner has established which will ensure a level of

safety better than or equal to the rules from which exemption is sought. 3

A. 91.9(c), 45.23(b) and 45.27(a): Aircraft Marking and Identification

Req ui rements

USU seeks an exemption from the aircraft marking and identification req ui rements contained

in 14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a).

● 14 C.F.R. § 91.9(c), Civil Aircraft Flight Manual, Marking and Placard R eq ui rements

, provides that:

No person may operate a U.S.

- registered civil aircraft unless that aircraft is identified

in accordance with Part 45 of this chapter.

● 14 C.F.R. § 45.23(b), Markings of the Aircraft, states:

When marks include only the Roman capital letter "N" and the registration number is

displayed on limited, restricted or light

- sport category aircraft or experimental or

provisional ly certificated aircraft, the operator must also display on that aircraft near

each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches

nor more than 6 inches high, the words "limited," "restricted," "light

- sport,

"experimen tal," or "provisional," as applicable.

● 14 C.F.R. § 45.27(a), Rotorcraft, states:

Each operator of a rotorcraft must display on that rotorcraft horizontally on both

surfaces of the cabin, fuselage, boom, or tail the marks req ui red by § 45.23.

In prior gran ts of exemption under Section 333 of the Reform Act

, the FAA determined that

exemption from these req ui rements was warranted provided that the aircraft "have identification (N

Number) markings in accordance with 14 C.F.R Part 45, Subpart C if the markings are as large as

practicable." 4 All UAS flown by USU will bear N

- number markings that are as large as practicable

in accordance with 14 C.F.R. Part 45, Subpart C. 5

3 See 14 C.F.R. § 11.81(e), which requires a petition for exemption to include:

The reasons why granting the exemption would not adversely affect safety, or how

the exemption would provide a level of safety at least equal to that provided by the

rule from which you seek exemption.

4 FAA Docket No. FAA

- 2014

- 0352.

5 See, e.g., FAA Docket No. FAA

- 2014

- 0352, at 14

. 91.151(a) Fuel Req ui rements for Flight in VFR ConditionsU.S. Depar tment of Transportation

August 28 , 2015

Page 10

B. 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2); 91.417(a) and (b): Maintenance

Inspections

USU seeks an exemption from the maintenance inspection req ui rements contained in 14

C.F.R. § 91.405(a), 91.407(a)(1), 91.409(a) (1) and (2); 91.417(a) and (b)

. These regulations specify

maintenance and inspection standards in reference to 14 C.F.R. Part 43

. 6 An exemption from these

regulations is needed because Part 43 and these sections only apply to aircraft with an airworthiness

certificate, which the UAS to be operated under this grant of exemption will not have.

An eq ui valent level of safety will be achieved because maintenance and inspections will be

performed in accordance with the operating documents and any req ui red manufacturer Safety or

Service Bulletins

. Further, as req ui red by the operating documents, the PIC will conduct a pre

- flight

inspect ion of the UAS and all associated eq ui pment to account for all discrepancies and/or

inoperable components

. Maintenance will be performed and verified to address any conditions

potentially affecting safe operation of the UAS and no flights will occur unless

, and until, all flight

critical components of the UAS have been found to be airworthy and in a condition safe for

operation

. A functional test flight will be conducted following the replacement of any flight

- critical

components

. As req ui red by the operati ng documents, the PIC who conducts the functional test flight

will make an entry in the UAS aircraft records of the flight

.

The operating documents also include req ui rements to follow the UAS manufacturer’s

maintenance, overhaul, replacement, inspectio n, and life limit requirements for the air craft and

aircraft components

. Moreover

, the operating documents also include procedures to document and

maintain a record of the UAS maintenance, preventative maintenance, alterations, status of

replacement/overha ul component parts, and the total time in service of Petitioner's UAS

. As a whole,

the maintenance and inspection procedures req ui red by Petitioner's operating documents ensure that

an eq ui valent or higher level of safety will be achieved.

C. 61.23(a) and (c)

, 61.113

, 61.101(e)(4) and (5)

, 61.315 : Private, Recreational

and Sport Pilot Medical Certificate, Privileges and Limitations

USU seeks exemption from these sections

, which restricts private

, recreational or sport pilot

certificate holders from flying ai rcraft for compensation or hire, and would also req ui re a second

class medical certificate

. The purpose of Part 61 is to ensure that the skill and competency of any

PIC matches the airspace in which the PIC will be operating, as well as req ui ring certifica tions if the

private pilot is carrying passengers or cargo for hire

. In this case, while the UAS will be operated as

part of a commercial operation, it carries neither passengers nor cargo

.

In the Grant of Exemption No. 11062 to Astraeus Aerial 7

, the FA A determined that the

unique characteristics of UAS operation outside of controlled airspace did not warrant the addition al

6 See, e.g., 14 C.F.R. § 91.405(a) (stating that each owner or operator of an aircraft "[s]hall have the

aircraft inspected as prescribe d in subpart E of this part and shall between required inspections

...have discrepancies repaired as prescribed in part 43 of this chapter

. ").

7 FAA Docket No. FAA

- 2014

- 0352

.U.S. Depar tment of Transportation

August 28 , 2015

Page 11

cost and restrictions attendant with req ui ring the PIC to have a Commercial Pilot Certificate and

Class II Medical Certificate

. The fulfillment of the additional req ui rements for a private pilot to

become qualified as a commercial pilot would not lead to any additional safety benefits when UAS

operations are involved

.

More recently, the FAA determined that holders of recreational and sport pilot certificates

would also have adequate aeronautical knowledge to pilot a UAS

. Accordingly, because these

individuals would also be subject to security screening by the De partment of Homeland Security

(DHS ), the FAA determined that holders of recreational and sport pilot certificates would be

qualified to serve as the PIC for UAS operations. 8

The restrictions Petitioner has placed on its UAS operations meet or exceed the restrictions

similarly imposed on Astraeus Aerial and other operators in more recently granted exemptions under

Sect ion 333 of the FAA Reform Act

. USU will operate away from persons and property that is not

the subject matter of the flight

. USU will also req ui re all PICs to be thoroughly trained in the unique

aspects of UAS flight

. As set forth in the operating documents, pilots will have experience not only

in UAS operations generally but have logged flight time in the specific make and model used for the

operations before they are permitted to participate in commercial fli ghts on behalf of USU

. The pilot

qualification, training, and currency req ui rements in the operating documents ensure that USU 's

pilots are competent and proficient in the UAS they are operating

. The Petitioner's training and

qualification req ui rements are consistent with those contained in prior FAA

- issued grants of

exemption

, and will provide a higher level of competency and proficiency for its pilots and will

ensure at least an eq ui valent level of safety.

D. 91.7(a): Civil Aircraft Airworthiness

Inasmuch as there will be no airworthiness certificate issued for the UAS, USU seeks an

exemption from 14 C.F.R. § 91.7(a), which requires that a civil aircraft be in an airworthy condition

to be operated

. While the petitioner’s UAS will not have an airworthiness c ertificate, the FAA has

determined that for the purposes of this exemption the pilot may determine the aircraft is in an

airworthy condition prior to flight

. The operating documents contain procedures which allow the PIC

to determine whether the aircraft i s in a condition safe for flight, and an exemption from § 91.7(a) is

therefore warranted

.

E. 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft and 91.203(a) and

(b): Carrying Civil Aircraft Certification and Registration

Title 14 C.F.R. § 91.9(b )(2) and § 91.203(a) and (b) req ui re the operator to carry

airworthiness documents and other aircraft manuals onboard the aircraft.

Pursuant to 14 C.F.R. § 91.9(b)(2):

(b) No person may operate a U.S.

- registered civil aircraft

–

8 See Grant of Exemption No. 11213 to Aeryon Labs, Inc. (Docket No. FAA

- 2014

- 0642 a t pgs.

8

- 9).U.S. Depar tment of Transportation

August 28 , 2015

Page 12

... (2) For which an Airpl ane or Rotorcraft Flight Manual is req ui red by § 21.5 of this

chapter, unless there is available in the aircraft a current approved Airplane or

Rotorcraft Flight Manual, approved manual material, markings, and placards, or any

combination thereof.

Pursuant to 14 C.F.R. § 91.203(a) and (b):

(a) Except as provided in § 91.715, no person may operate a civil aircraft unless it

has within it the following:

(1) An appropriate and current airworthiness certificate...

(b) No person may operate a civil aircraft unle ss the airworthiness certificate req ui red

by paragraph (a) of this section or a special flight authorization issued under § 91.715

is displayed at the cabin or cockpit entrance so that it is legible to passengers or crew.

Given the small size and configura tion of the UAS, it would be impossible to keep

airworthiness documents and other aircraft manuals on board the UAS because there is simply no

room and the UAS has no cabin or cockpit

.

In an FAA Office of Chief Counsel's Opinion dated August 8, 2014, and prepared by Dean E.

Griffith, Attorney, AGC

- 220, it was acknowledged that the intent of 14 C.F.R. 91.9(b) and 91.203(a)

and (b) is met if the pilot of the unmanned aircraft has access to the UAS flight manual, registration

certificate, and other req ui red d ocuments from the ground control station from which he or she is

operating the aircraft. 9 As this FAA Office of Chief Counsel Opinion clarifies, the intent of the rule

is to ensure the pilot has access to these key documents during flight

. Therefore, an e q ui valent level

of safety will be achieved by ensuring that the pilot has access to the documents at the ground

control station from which he or she is piloting the UAS. 10

9 Memorandum from Mark Bury, FAA Assistant Chief Counsel for International Law, Legislation

and Regulation, to John Duncan, FAA Flight Standards Service (Aug. 8, 2014); see also Docket No.

FAA

- 2014

- 0352 at 16

- 18

.

10 See also Exemption No. 1121 3 to Aeryon Labs, Inc. at pg. 11:

The petitioner requested relief from 14 CFR § 91.9(b)(2): Civil aircraft flight

manual, marking, and placard requirements and § 91.203(a) and (b): Civil aircraft:

Certifications required. The FAA has previously determined that relief from these

sections is not necessary. See Exemption No. 11062. Relevant materials may be kept

in a location accessible to the PIC in compliance with the regulations.U.S. Depar tment of Transportation

August 28 , 2015

Page 13

F. 91.103: Preflight Action

Petitioner seeks an exemption from 14 C.F.R. § 91.1 03, which req ui res a PIC to become

familiar with specific information before each flight, including information contained in the FAA

approved Flight Manual on board the aircraft

. While the PIC will be familiar with all information

necessary to safely condu ct the flight, an exemption is requested to the extent that an FAA

- approved

Flight Manual is req ui red

.

Adherence to the req ui rements in the operating documents will ensure that the UAS is in an

airworthy condition prior to flight

. The PIC will perform a se ries of checklists designed to identify

any defects or inoperable components, which cover pre

- flight, take

- off, landing and post

- flight

procedures

. The PIC will also be req ui red to review weather, flight req ui rements

, battery charge,

landing and takeoff di stance, UA performance data, and contingency landing areas

— before initiation

of flight

. Petitioner's operating documents will be kept at the ground control station and will be

accessible to the PIC at all times while operating the UAS.

G. 91.109(a): Flight I nstruction

Petitioner seeks an exemption from 14 C.F.R. § 91.109(a), which provides in pertinent part

that "[n]o person may operate a civil aircraft (except a manned free balloon) that is being used for

flight instruction unless that aircraft has fully fun ctioning dual controls." UAS and remotely piloted

aircraft, by their design, do not have functional dual controls

. Instead, flight control is accomplished

through the use of a device that communicates with the aircraft via radio communications

. Accordingl y, an exemption will be req ui red for the flight instruction req ui rements of 14 C.F.R. §

91.109(a)

.

Given the size and speed of the UAS that Petitioner intends to use, an eq ui valent level of safe

training can still be achieved without dual controls because no pilot or passengers are aboard the

UAS, and as req ui red by the operating documents, all persons will be a safe distance away in the

event that the UAS experiences any difficulties during flight instruction

. Moreover, all flight training

will be conduct ed in controlled and sterile environment

. As a whole, the procedures provided for in

the operating documents ensure that UAS flight instruction can be performed safely.

H. 91.119 ( c) : Minimum Safe Altitudes Over Other Than Congested Areas

USU requests an exemp tion from the minimum safe altitude req ui rements of 14 C.F.R. §

91.119 (c)

. 11 Section 91.119 prescribes the minimum safe altitudes under which aircraft may not

operate, including 500 feet above the surface and away from any person, vessel, vehicle, or struc ture

in non

- congested areas

. See 14 C.F.R. § 91.119(c)

.

11 Relief from § 91.119(a) will not be necessary because Petitioner will be ab le to perform an

emergency landing without undue hazard to persons or property on the ground in the event of a

failure

. Petitioner's proposed UAS operations will not occur over congested areas, and therefore an

exemption from § 91.119(b) will not be necess ary

. See e.g

., Grant of Exemption No. 11157 to

Slugwear, Inc., dba Likeonatree Aerial at p g. 15 (Docket No. FAA

- 2014

- 0534 ).U.S. Depar tment of Transportation

August 28 , 2015

Page 14

An exemption is req ui red because the proposed UAS operations will normally need to occur

below 400 feet AGL

. Additionally, due to the nature of the proposed operations, the PIC and/or

Observers may n eed to be less th an 500 feet away from the UAS

. Compared to flight operations with

rotorcraft weighing far more than the maximum weights proposed herein, and given the lack of

flammable fuel with the UAS, any risk associated with these operations is far le ss than those that

presently exist with conventional aircraft

.

An eq ui valent level of safety will be achieved given the size, weight, and speed of the UAS,

as well the controlled location where the operations will occur

. In order to avoid any risk to mann ed

aircraft, flight operations will be restricted to below 400 feet AGL

. As set forth in the operating

documents

, the UAS will be operated in a controlled environment, and all flights will occur at a

lateral dis tance of at least 500 feet from nonparticipat ing persons, unless that person is in a position

where he or she is shielded from the UAS and any possible debris resulting from UAS failure

. Procedures will be in place to ensure f light operations can be safely terminated if a nonparticipating

person with in 500 feet of the UAS leaves a shielded position

. Further, UAS operations will occur at

least 500 feet away from vehicles or structures unless the property owner/controller has granted

permission and the PIC has made a safety assessment of the risk of op erating closer to those objects

, and operations near the PIC or Observer will not present an undue hazard per § 91.119(a)

. Adherence to these restrictions in USU 's operating documents will ensure the proposed operations

can be conducted without compromisin g safety to persons or property on the ground

.

I. 91.121: Altimeter Settings

To the extent necessary for USU to conduct the proposed operations, Petitioner requests an

exemption from 14 C.F.R. § 91.121, which req ui res a person operating an aircraft to ma intain

cr ui sing altitude or flight level by reference to an altimeter that is set to the elevation of the departure

airport or barometric pressure

.

The FAA has stated that an eq ui valent level of safety to the req ui rements of 14 C.F.R. §

91.121 can be achi eved in circumstances where: (1) the UAS will be operated 400 feet AGL or

below, (2) within VLOS, (3) where GPS based altitude information is relayed in real time to the

operator at a ground

- based on

- screen display and, (4) where prior to each flight, a ze ro altitude

initiation point is established for the PIC to confirm accuracy of the onboard GPS. 12

The UAS that Petitioner intends to use for performing the proposed operations meet all these

operational characteristics

. Moreover, the operating documents re q ui re the PIC to calibrate the

aircraft's GPS compass prior to each flight operation

. As the FAA has determined in circumstances

similar to this Petition for Exemption, Petitioner's UAS and the safety mitigation procedures

contained in the operating docume nts, ensure that an eq ui valent level of safety will be achieved, and

a grant of exemption to the req ui rements of § 191.121 is therefore appropriate.

12 See Grant of Exemption No. 11062 to Astraeus Aerial ( Docket No. FAA

- 2014

- 0352 at 21).U.S. Depar tment of Transportation

August 28 , 2015

Page 15

J. 91.151(a): Fuel Requirements for Flight in VFR Conditions

USU requests an exemption from 14 C.F.R. § 91.1 51(a)'s fuel req ui rements for flight in VFR

conditions

. Section 91.151 states:

(a) No person may begin a flight in an airplane under VFR conditions unless

(considering wind and forecast weather conditions) there is enough fuel to fly to the

first point of intended landing and, assuming normal cr ui sing speed

–

(1) During the day, to fly after that for at least 30 minutes; or

(2) At night, to fly after that for at least 45 minutes.

Here, the technological limitations on UAS battery power means that no mean ingful flight

operations can be conducted while still maintaining a 30

- minute battery reserve

. An exemption from

the fuel req ui rements of 14 C.F.R. § 91.151(a) is therefore req ui red

.

The FAA has previously granted relief from the fuel requirements of § 91 .151(a) for flight in

daytime VFR conditions in circumstances similar to those presented in this Petition for Exemption

. 13

In Exemption No. 11213 to Aeryon Labs, Inc. 14

, the FAA determined that a requirement prohibiting

the PIC from beginning a UAS flight u nless (considering wind and forec ast weather conditions)

there was enough available power for UAS to operate for the intended operational time and to

operate after that for at least five minutes or with the reserve power recommended by the

manufacturer if greater

, would ensure an equivalent level of safety to the fuel requirements of §

91.151(a)

. Petitioner's operating documents impose this same requirement and an exemption from §

91.151(a)'s fuel req ui rements for flight in VFR conditions is therefore appro priate

.

VI. D RUG AND A LCOHOL P ROGRAM

USU will have policies in place to ensure that no person may participate in UAS flight

operations if they are under the influence of alcohol or any drug

.

VII. P UBLIC I NTEREST

The public interest will be served by granting USU 's Petition for Exemption

. Congress has

established a national policy that favors early integration of UAS into the NAS in controlled, safe

working environments such as those proposed in this Petition

. Granting this Petition for Exemption

helps fulfill Con gress' goal in passing Section 333(a) through (c) of the Reform Act

— the FAA

Administrator's assessment of whether certain UAS may operate safely in the NAS before

completion of the statutorily req ui red rulemaking

.

Beyond increased levels of safety, the p ublic stands to benefit enormously from the education

and research programs supported by the proposed operations in this Petition for Exemption. Whether

13 See e.g., Exemption Nos. 8811, 10808, an d 10673

.

14 Docket No. FAA

- 2014

- 0642.U.S. Depar tment of Transportation

August 28 , 2015

Page 16

it is collecting aerial imagery for researchers developing river restoration projects, or gather ing vit al

information that will help farmers grow healthy crops in a more sustainable manner, the public as a

whole with benefit from the information gathered and studied as part of the education and research

programs supported by the proposed operations in this Petition for Exemption

.

VIII. P RIVACY

The proposed operations will be conducted in accordance with applicable federal, state, or

local laws regarding privacy

. USU will not conduct flight operations over property that it does not

own or control without the pri or consent and knowledge of the property owner

.

IX. F EDERAL R EGISTER S UMMARY

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the

F EDERAL R EGISTER

, should it be determined that publication is needed:

Petitioner seeks a n exemption from the following rules in Title 14 of the Code of Federal

Regulations:

45.23(b); 45.27(a); 61.23(a) and (c); 61.113; 61.101(e)(4) and (5); 61.315; 91.7(a);

91.9(b)(2); 91.9(c); 91.10 3; 91.109(a); 91.119 (b) ; 91.121; 91.151(a); 91.203 (a) & (b ); 91.405(a);

91.407(a)(1); 91.409(a)(1) & (2); 91.417 (a) & (b)

.

The exemption will enhance safety by reducing risk to the general public and property

owners from the substantial hazards associated with using conventional fixed

- wing aircraft or

ro torcraft for aerial data collection in support of university education and research programs

.

X. C ONCLUSION

The proposed operations in this Petition for Exemption satisfy the criteria articulated in

Section 333 of the Reform Act and the FAA has issued grants of exemption in circumstances similar

in all respects to those presented by USU in this Petition for Exemption

. In consideration of the

foregoing, USU respectfully submits that this Petition for Exemption qualifies for expedited

approval via the FAA's sum mary grant process.

We thank you for your prompt consideration of our requested exemptions

. Should you have

any questions, or if you need additional information to support the requested exemptions, please do

not hesitate to contact us

.U.S. Depar tment of Transportation

August 28 , 2015

Page 17

Very truly yours,

Mark E. McKinnon

Matthew J. Clark

Counsel for Utah State University

Attachment sU.S. Depar tment of Transportation

August 28 , 2015

Page 18

(The following attached item s will be submitted under separate cover as they contain proprietary and

commercial information exempt from disclosure under the Freedom of Information Act, 5 U.S.C. §

522 et seq.

, and should be held in a separate file pursuant to 14 C.F.R. § 11.35(b)).

Attachment s :

The University UAS Operations Manual

AggieAir Aircraft System and Op erations Manual

RS/GIS Laboratory "Mary Poppins" DJI s1000 Mandatory Pre

- Flight Checklist