# A USLEY 

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# M ULLEN

ATTORNEYS AND COUNSELORS AT LAW

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TALLAHASSEE, FLORIDA 32301

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www.ausley.com

March 10, 2015

Via Electronic Submission and Certified U.S. Mail Docket Operations U.S. Department of Transportation West Building Ground Floor, Room W12-140 1200 New Jersey Avenue, S.E. Washington, D.C. 20590

Re: Application for Exemption from Speci fied Aviation Regulations Under Section
333 of the FAA Modernization and Reform Act of 2012. Applicant: Florida State University
Attn: David F. Merrick Director, Center for Disaster Risk Policy 113 Collegiate Loop 637 Bellamy Tallahassee, Florida 32306-2250 Telephone: (850) 644-9961
Email: dmerrick@cdrp.net

Dear Sir or Madam:

Please accept this letter as the application of the Center for Disaster Risk Policy at Florida State University for exemption from specified provisions of the Code of Federal Regulations. This exemption request is subm itted under Section 333 of the FAA Modernization and Reform Act of 2012 (“FMRA”).

The Center for Disaster Risk Policy (the “App licant”) is the research center of the Florida State University Emergency Management a nd Homeland Security Program (the “EMHS Program”). The Applicant’s research focuses on disa ster management and technical assistance in support of the EMHS Program, government ag encies, and non-governmental agencies. The Applicant is a recognized lead er in policy development, tec hnical solutions, and training.2 The Applicant has begun research into how Small Unmanned Aircraft Systems (“sUAS”) can be utilized to support emergency and disast er managers. Still photographs and video imagery can be captured by sUAS in real time at a fractio n of the cost of manned aircraft. The Applicant has supported sUAS mapping operati ons in Haiti and Jamaica in th e course of its research.

The FAA has already granted the Applicant a Certificate of Waiver or Authorization (“COA”) for research activities in eastern Tallahassee, Florida. 1 The Applicant has applied for
two additional COAs for research activities north of Tallahassee. 2

The Applicant submits this exemption request to expand its research operations to include training tuition-paying students in how to effectively utili ze sUAS systems in disaster management. The Applicant requests exemption fro m the following regulations for this purpose: 14 C.F.R. Part 21, Subpart H; 14 C.F.R. § 45.23(b); 14 C.F.R. § 61.113( a), (b); 14 C.F.R. § 61.3(d)(2)(iii); 14 C.F.R. § 91.7(a), (b); 14 C.F.R. § 91.9(b)(2); 14 C.F.R. § 91.103; 14 C.F.R. § 91.109; 14 C.F.R. § 91.119(b), (c); 14 C.F.R. § 91.121; 14 C.F.R. § 91.151(a)(1); 14 C.F.R. § 91.203(a), (b); 14 C.F.R. § 91.405(a) , (b); 14 C.F.R. § 91.407(a)(1 ); 14 C.F.R. § 91.409(a)(1)- (2); and 14 C.F.R. § 91.417(a), (b).

Summary of Applicant’s Scope of Operations

The Applicant proposes to conduct training of tuition-paying students in the use and operation of sUAS platforms in the field of disa ster management. The A pplicant has developed a “UAS Standard Operating Guide” (the “Guide”) that sets forth standard operating procedures for its UAS operations. 3 These procedures provide a baseline to ensure that all students operating an sUAS in the Applicant’s program possess suffici ent knowledge of both airspace and the sUAS technology to operate safely in the National Airspace System (“NAS”).

The Applicant proposes to conduct training opera tions in the Operati ons Areas defined in the granted COA enclosed as Attachment 1 and the submitted COA applications enclosed as Attachments 2 and 3 (the “Operations Areas”).

The Pilot in Command (“PIC”) for each operation will hold, at a minimum, a private pilot certificate. The students training under the PI C in each operation will meet the standards

1 A copy of the granted COA, N o. 2014-ESA-109-COA, is enclosed as Attachment 1. This COA is effective through October 5, 2016.

2 The pending COA applications are No. 2014-ESA-198-COA (submitted December 8, 2014), and No. 2015-ESA-22-COA (submitted February 4, 2015). Copies of th ese applications are enclosed as Attachment 2 and 3, respectively.

3 A copy of the Guide is enclosed as Attachment 4.3 specified in the Guide, as well as any other additional requirement the FAA requires under this application. The PIC and the students in training w ill be specifically trained to operate the sUAS platforms utilized in the Applicant’s operations.

Each operation will be in itiated following a discrete COA application.

Aircraft and Equivalent Level of Safety

The Applicant’s training activit ies will take place in the Operations Areas defined in the Applicant’s granted COA and the pending COAs enclosed as Attachments 1, 2, and 3. These Operations Areas are in remote locations. sUAS operations in these Operat ions Areas pose little risk of injury or property damage.

The Applicant proposes to use the following sU AS platforms for its operations under this application:

1. 3D Robotics IRIS+ 4

2. 3D Robotics Y6 5

3. Swift Radioplanes Lynx UAS 6

4. Parkzone Radian RTF 7

These platforms all weigh less than 55 lbs, including energy sources and equipment. Manufacturer-provided manuals and checklists ar e enclosed with this application (the “Manufacturer Instructions”). The Manufacturer Inst ructions will be used in conjunction with the Applicant’s Guide to ensure that the sUAS platforms are operated safely.

The Applicant will apply to register th e sUAS platforms with the FAA prior to conducting operations. These registrations will be in accordance with the FAA’s guidance to COA holders from the FAA UAS Integration O ffice dated November 5, 2014, as the same may be updated from time to time.

4 The Operation Manual and Flight Checklist for the 3D Robotics IRIS+ are enclosed as Attachments 5 and 6.

5 The Build Manual and Flight Checklist for the 3D Robotics Y6 are enclosed as Attachments 7 and 8.

6 The Aircraft Flight Manual and Operator and Crewmember Checklist for the Lynx UAS are enclosed as Attachments 9 and 10.

7 The Instruction Manual fo r the Radian RTF is enclosed as Attachment 11.4 The Applicant agrees to be bound by the following limitations and conditions when conducting commercial operations under an FAA issued exemption include:

1. The sUAS will weigh less than 55 lbs including energy sources and equipment.
2. The sUAS will be flown at a speed less than a ground speed of 50 knots.
3. Flights will be operated at an altitude of no more than 400 feet AGL.
4. Flights will be operated within line of si ght of the Pilot in Command (PIC) at all
times.
5. All operations will utilize a visual obser ver (VO). The VO and PIC will be in
communications at all times.

6. The Applicant’s Guide and the relevant Manufacturer Instructions will be
maintained and made availabl e to the FAA upon request.

7. Prior to each flight, the PIC will inspect the sUAS to ensu re it is in a condition for safe flight.
8. The Applicant will follow the manufact urer’s sUAS aircraft and component maintenance, overhaul, replacement, in spection, and life limit requirements.

9. The PIC will possess at least a private pilot certificate and a third-class medical
certificate. The PIC will also meet the flight review requirements specified in 14
CFR 61.56 in an aircraft in which the PI C is rated on his/he r pilot certificate.
10. The sUAS will not be operated directly over any person below an altitude that is hazardous to persons or property on the surf ace in the event of an sUAS failure or

emergency. 11. The Applicant will utilize the documente d emergency procedures appropriate to each sUAS platform in the event of engine or power failure, fire, loss of control link, loss of GPS, loss of telemetry data link, and loss of video downlink. These procedures shall be those set forth in th e Applicant’s Guide and the Manufacturer
Instructions.
12. The Applicant will obtain an Air Traffic Organization (ATO) issu ed Certificate of Waiver or Authorization (COA) prior to conducting any operations under the grant of exemption. The COA will require the operator to request a Notice to Airman (NOTAM) not more than 72 hours in advance, but not less than 48 hours prior to the operation.
13. If required, the word “Experimental” will be placed on the fuselage in compliance with § 45.29 (f). The equivalent level of safety will be provided by having the sUAS marked on its fuselage as required by § 45.29(f) where the pilot, observer and others working with the sUAS will see the identification of the sUAS as “Experimental.” The FAA has issued the following exemptions to this regulation to Exemptions Nos. 10700, 8738, 10167 and 10167A. The FAA has also waived5 the marking requirement entirely in ot her Section 333 Exemption applications, such as Exemptions Nos. 11109 and 11110.
14. The Applicant will document and maintain a record of the sUAS maintenance in the UAS airframe logbook as set forth in the Applicant’s Guide.
15. Each sUAS operated under this exemption will comply with all manufacturer Safety Bulletins.
16. At least 3 days before flight opera tions, we will submit a written Plan of Activities to the local FSDO with jurisdiction over the area to be flown. The Plan of Activities will include at least the following:

a. Dates and times for all flights.
b. Name and phone number of the PIC for the sUAS flight conducted under the grant of this exemption.

c. Make, model, and serial or N- number of sUAS to be used.
d. Name and certificate numb er of sUAS PIC.

e. A statement that the operator ha s obtained permission from property
owners and/or local offici als to conduct the flight.
f. Signature of exemption hol der or representative.

g. A description of the flight activity, in cluding maps or diagrams of the area where the flight will be conducted.
17. The documents required under 14 C.F. R. sections 91.9 and 91.203 will be available to the PIC at the ground control st ation of the sUAS any time the aircraft is operating.
18. The sUAS will remain clear and yield the right of way to all other manned operations and activities at all times (inc luding, but not limited to, ultralight vehicles, parachute activities, parasail ing activities, hang gliders, etc.).
19. sUAS operation will be conduc ted during daylight hours.
20. The sUAS will be operated by the PIC from a stationary position, i.e., not from any moving device or vehicle.
21. The sUAS will not be operated less than 500 feet below or less than 2,000 feet horizontally from a cloud or when visibili ty is less than 3 statute miles from the
PIC.
22. The sUAS will not operate in Class B, C, or D airspace wit hout written approval from the FAA. The sUAS will not operate within 5 nautical miles of the geographic center of a non-towered ai rport as denoted on a current FAApublished aeronautical chart unless a lette r of agreement with that airport’s management is obtained and the operation is conducted in accordance with a NOTAM as required by the operator’s COA.
23. Any 1) incident, 2) accident , or 3) flight operation that transgresses the lateral or vertical boundaries of the operational area as defined by the applicable COA will6 be reported to the FAA’s UAS Integr ation Office (AFS-80) within 24 hours. Accidents will be reported to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB We b site. Further flight operations will not be conducted until the incident, accide nt, or transgression is reviewed by
AFS-80 and authorization to re sume operations is provided.

Regulations From Which the Applicant Requests Exemption

The Applicant requests exemption from the following regulations:

14 C.F.R. Part 21, Subpart H 14 C.F.R. § 45.23(b) 14 C.F.R. § 61.113(a), (b) 14 C.F.R. § 61.3(d)(2)(iii) 14 C.F.R. § 91.7(a) (b) 14 C.F.R. § 91.9(b)(2) 14 C.F.R. § 91.103 14 C.F.R. § 91.109 14 C.F.R. § 91.119(b), (c) 14 C.F.R. § 91.121 14 C.F.R. § 91.151(a)(1) 14 C.F.R. § 91.203(a), (b) 14 C.F.R. § 91.405(a), (b) 14 C.F.R. § 91.407(a)(1) 14 C.F.R. § 91.409(a)(1)-(2) 14 C.F.R. § 91.417(a), (b)

The sUAS platforms the Applicant seeks appr oval to use through this exemption request all weigh 55 pounds or fewer, including payload. They operate, under normal conditions at a speed of no more than 50 knots. The rotorcraft platforms have the capability to hover and move in the vertical and horizontal plane simultaneous ly. Each sUAS platform will operate only in visual line of sight and will operate only within the Operations Areas defined in the granted COA and COA Applications enclosed as Attachments 1, 2, and 3. These operations will ensure that the
sUAS will “not create a hazard to users of the national airspace system or the public,” as contemplated by Section 333(b) of FMRA.

Given the small size of the sUAS platforms i nvolved and the limited environments within which they will operate, the applicant falls squarely within that zone of safety (an equivalent level of safety) in which Congress envision ed that the FAA must, by exemption, allow7 commercial operations of sUAS to commence imme diately. Also, due to the size of the sUAS platforms and the defined areas in which the relevant sUAS will operate, approval of the application presents no national security issue. Given the clear direction in Section 333 of the FMRA, the authority contained in the Federal Aviation Act, as amended; the st rong equivalent level of safety surrounding the proposed opera tions, and the significan t public benefit in producing graduates that are trained in sUAS operat ions, it is in the public interest to grant the requested exemption. Accordingly, the applicant respectfully requests th at the FAA grant the requested exemption without delay.

Narrative Regarding Requested Exemptions

14 C.F.R. Part 21, Subpart H: Airworthin ess Certificates 14 C.F.R. § 91.203(a)(1)

The FAA has previously determined that no airworthiness certification is necessary for sUAS platforms. See

, e.g. , Exemption No. 11110. The Applicant therefore believes that no exemption is necessary from Part 21, Subpart H.

To the extent that the FAA finds that Part 21 is applicable to the Applicant’s proposed operations, the Applicant requests an exemption from it. Subpart H, entitled Airworthiness Certificates, establishes the procedural requiremen ts for the issuance of ai rworthiness certificates as required by 14 C.F.R. § 91.203(a )(1). Given the size and limite d operating area associated with the sUAS platforms to be utilized by the Applicant, an ex emption from Part 21 Subpart H meets the requirements of an equivalent level of safety under Part 11 and Section 333 of the FMRA. The Federal Aviation Act (49 U.S.C .§ 44701(f)) and Section 333 of the FMRA both authorize the FAA to exempt aircraft from the requirement for an airwor thiness certificate upon consideration of the size, weight, speed, operati onal capability, and proximity to airports and populated areas of the particular sUAS. In all cases , an analysis of these criteria demonstrates that the sUAS operated without an airworthiness certif icate, in the restricted environment and under the conditions proposed will be at least as safe, or safer, than a conventional aircraft operating with an airworthiness certificate without the restrict ions and conditions proposed.

The sUAS platforms to be operated under th is exemption all weigh less than 55 pounds, fully loaded. The platforms carry no pilots or passengers, no explosive materials or flammable liquid fuels, and will operate exclusively within th e Operations Areas defined in this application. Operations under this exemption will be tightly cont rolled and monitored by the operator. The FAA will have advance notice of all operations. These safety enhancements provide a greater degree of safety to the public and property owne rs than conventional ope rations conducted with
airworthiness certific ates issued under 14 C.F.R. Part 21, S ubpart H. Application of these same criteria demonstrates that there is no credible threat to national security posed by the sUAS8 platforms due to their size, speed of operation, lo cation of operation, lack of explosive materials or flammable liquid fuels, and inability to carry a substantial external load.

14 C.F.R. § 45.23(b). Marking of the Aircraft

The FAA has previously determined that an exemption from § 45.23(b) is not required for sUAS platforms that do not ne ed to be certified under Part 21. See

, e.g. , Exemption No. 11110. The Applicant therefore be lieves that no exemption is necessary from 14 C.F.R. § 45.23(b). To the extent that th e FAA finds that § 45.23(b) is a pplicable to the Applicant’s intended operations, the Applicant request s an exemption therefrom as follows.

The regulation requires:

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 provisionally certificated aircraft, the operator must also disp lay 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,” “experi mental,” or “provisional,” as applicable.

Even though the sUAS platforms will have no airworthiness certificate, an exemption may be needed as the sUAS will have no entrance to the cabin, cockpit or pilot station on which the word “Experimental” can be placed. Given the size of the sUAS platforms, two-inch lettering may be impossible. The word “Expe rimental” will be placed on the fuselage in compliance with 14 C.F.R. § 45.29(f).

The equivalent level of safety will be provided by having the sUAS marked on its fuselage as required by 14 C.F.R. § 45.29(f) where the pilot, obser ver and others working with the sUAS will see the identification of the sUAS as “Experimental.” The FAA has issued the following exemptions to this regulation to Exemptions Nos. 10700, 8738, 10167 and 10167A.

14 C.F.R. § 61.113 (a) & (b): Private Pilot Pr ivileges and Limitations: Pilot in Command

Sections 61.113 (a) & (b) limit private pilots to non-commercial operations. Because the sUAS will not carry a pilot or passengers, the proposed operations can achieve the equivalent level of safety of current operati ons by requiring the PIC operating the aircraft to have a private pilot’s certificate rather than a commercial pilot’s certificate to operate this sUAS. Unlike a9 conventional aircraft that carries the pilot and passengers, the sUAS is remotely controlled with no living thing on board. The Operations Areas will be controlled and all flights will be planned
and coordinated in advance. The level of safe ty provided by the requirements included in the Applicant’s Guide and the Manufacturer Inst ructions exceeds that provided by a single individual holding a commercial pilot’s certific ate operating a conventional aircraft. The risks associated with the operation of sUAS are so dimi nished from the level of risk associated with commercial operations contemplated by Part 61 when drafted, that allowing operations of sUAS as requested with a private pilot as the PIC ex ceeds the present level of safety achieved by 14 C.F.R. § 61.113 (a) & (b). The FAA has approve d sUAS operations with a private pilot’s certificate in other exemptions. See

, e.g. , Exemption No. 11110.

14 C.F.R. § 61.3(d)(2)(iii): Requirement for Ce rtificates, Ratings, a nd Authorizations

The regulation requires that “no other person ot her than the holder of a flight instructor certificate issued under this part w ith the appropriate rating on that certificate may . . . [e]ndorse a pilot logbook to show training given.” The App licant requests exempti on from this regulation as the PIC performing training ac tivities under this exem ption may not hold an FAA-issued flight instructor certificate. An equivalent level of safety will be achieved by the Applicant’s adherence to the procedures set forth in the Gu ide and the Manufacturer Instructions.

14 C.F.R. § 91.7(a): Civil aircraft airworthiness

The regulation requires that no person may operate a civil aircraft unless it is in airworthy
condition. As there will be no airworthiness certif icate issued for the aircraft, should this exemption be granted, no FAA regulatory standard will exist for determining airworthiness. An equivalent level of safety will be provided by the sma ll size of the aircraft and the requirements
contained in the Guide and Manufacturer Instruc tions for maintenance and use of safety check lists prior to each flight. The Applicant will ensu re that the sUAS is in an airworthy condition prior to each flight based on compliance with the specifications in the Guide and Manufacturer
Instructions.

14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft

Section 91.9(b)(2) provides:

No person may operate a U.S.-re gistered civil aircraft ...

(2) For which an Airplane or Rotorcraft Flight Manual is not required by § 21.5 of this chapter, unless there is available in the10 aircraft a current approved airpla ne or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any
combination thereof.

The sUAS platforms, given their size and conf iguration, have no ability or place to carry a flight manual. An equivalent level of safety will be maintained by keeping the flight manual at the ground control point where the pilot flying th e sUAS will have immediate access to it. The FAA has issued the following exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 32827, a nd 10700. The FAA has previously determined that an exemption from this regulation is not necessary, as relevant materials may be kept in a location accessible to th e PIC and not on the sUAS itself. See Exemption No. 11110.

14 C.F.R. § 91.103: Preflight action

This regulation requires each pilot in command to take certain actions before flight to insure the safety of flight. As FAA approved fli ght manuals will not be provided for the aircraft an exemption will be needed. An equivalent level of safety will be provided through the PIC following the procedures set forth in the Guide and Manufacturer Instructions. The PIC will take all actions including reviewing weather, flight battery requi rements, landing and takeoff distances and aircraft performance data before initiation of flight. The PIC will account for all relevant site-specific conditions in the prefli ght procedures. The FAA has granted exemption from this regulation to other sUAS operators. See Exemption No. 11109.

14 C.F.R. § 91.109: F light instruction

Section 91.109 provides that no person may operate a civil airc raft (except a manned free balloon) that is being used for flight instruct ion unless that aircraft has fully functioning dual controls. By their design, sUAS and remotely p iloted aircraft do not have fully functional dual controls. Flight control is accomplished through the use of a control box that communicates with
the aircraft via radio communications. The FAA has approved exemptions for flight training without fully functional dual controls for a number of aircraft and for flight inst ruction in experimental aircraft. See Exemption Nos. 5778K and 9862A. The equivalent level of safety provided by the fact that neither a pilot nor passengers will be car ried in the aircraft and by the size and speed of the aircraft.

The PIC and the student that the PIC is tr aining will use a “buddy box” system utilizing
two transmitters. The PIC instructor will be able to control the sUAS with his or her transmitter, flip a switch to transfer control to the student, an d may flip the switch again to regain control. In this manner, the PIC instructor can demonstrate how to fly the s UAS or perform a “rescue” of11 the sUAS if the student makes a poor aeronautical decision. Use of the buddy box system allows
this level of control w ithout having the PIC and student pass a physical controller between them.

When the PIC is performing trai ning on sUAS platforms that u tilize a computer, tablet, or other non-radio transmitter as their primary source of control, the PIC will provide an equivalent level of safety through the use of a radio transmitter that can override autonomous control via a
switch located on the radio transmitter. When this switch is activated, control is transferred from the autopilot to the transmitter, immediately taki ng the autopilot offline. The sUAS will then be operated in the same manner as a basic radio controlled aircraft. The PIC will maintain visual line of sight at all times in order to determin e whether such intervention becomes necessary.

14 C.F.R. § 91.119: Mini mum safe altitudes

Section 91.119 establishes safe altitudes for ope ration of civil aircra ft. Section 91.119(d) allows helicopters to be operated at less than the minimums prescrib ed, provided the person operating the helicopter complies with any route or altitudes prescribed for helicopters by the FAA. As this exemption is for sUAS that are si milar to helicopters, and the exemption requests authority to operate at altit udes up to 400 AGL, an exemption may be needed to allow such operations. The sUAS platforms will not be operated at higher than 400 AGL.

The equivalent level of safety will be achieve d given the size, weight, speed of the sUAS platforms as well as the locations where they are operated. The low-altitude operations of the sUAS platforms will ensure separation between these sUAS operations and the operations of
conventional aircraft that mu st comply with Section 91.119.

14 C.F.R. § 91.121: Altimeter Settings

This regulation requires each person operating an aircraft to maintain cruising altitude by
reference to an altimeter that is set “...to the el evation of the departure ai rport or an appropriate altimeter setting available before departure.” As the sUAS platforms may not have a barometric altimeter, but instead a GPS altitude read out, an exemption may be needed. An equivalent level of safety will be achieved by th e operator, pursuant to the Guide and Manufacturer Instructions, confirming the altitude of the launch site shown on the GPS altitude indicator before flight.

The Parkzone Radian RTF has neither a ba rometric altimeter nor a GPS altitude indicator. This sUAS is strictly a radio controlled aircraft. An equivalent le vel of safety will be achieved by the operator through use of th e Guide and Manufacturer Instructions.12 14 C.F.R. § 91.151(a): Fuel Requirement s for Flight in VFR Conditions

Section 91.151 (a) prohibits an individual from beginning “a flight in an airplane under VFR conditions unless (considering wind and for ecast weather conditions) there is enough fuel to fly to the first point of in tended landing, and, assuming normal cruising speed – (1) During the day, to fly after that for at leas t 30 minutes; or (2) At night, to fly after that for at least 45
minutes.”

Given the limitations on the proposed Operations Areas, a longer time frame for VFR conditions is reasonable. Applicant believes that an exemption from 14 CFR § 91.151(a) falls within the scope of prior exemptions. See Exemption 10673 (allowing Lockheed Martin Corporation to operate without compli ance with 14 C.F.R. § 91.151(a)).

Operating the sUAS platforms in controlled Operations Areas does not engender the type of risks that Section 91.151(a) was intended to alleviate given the size and speed of the sUAS platforms. Similar exemptions have been gran ted to other operations, including Exemptions 2689F, 5745, 10673, and 10808.

14 C.F.R. § 91.203 (a) and (b): Carrying Civ il Aircraft Certification and Registration

The FAA has previously determined that no airworthiness certification is necessary for sUAS platforms. See

, e.g. , Exemption No. 11110. The Applicant therefore believes that no exemption is necessary from § 91.203. However, to the extent that the F AA finds that section 91.203 is applicable to the Applicant’s opera tions, the Applicant requests an exemption
therefrom.

The regulation provides in pertinent part:

(a) Except as provided in § 91.715, no person may operate a
civil aircraft unless it ha s within it the following:

(1) An appropriate and current ai rworthiness certificate. . . .

(b) No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) of this section or a special flight authorizat ion issued under §91.715 is displayed at the cabin or cockpit entrance so that it is legible to passengers or

crew.13 The sUAS platforms weigh no more than 55 pounds fully loaded, and are operated without an onboard pilot. As such, there is no ability or place to ca rry certification and registration documents or to display them on the sUAS.

An equivalent level of safety will be achie ved by keeping these documents at the ground control point where the pilot flying the sUAS will have immediate access to them, to the extent they are applicable to the sUAS. The FAA has issued numerous exemptions to this regulation. A representative sample of other exceptions includes Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700.

14 C.F.R. § 91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Main tenance Inspections

These regulations require that an aircraft ope rator or owner “shall have that aircraft inspected as prescribed in subpart E of this part and shall between required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter...,” and others shal l inspect or maintain the aircra ft in compliance with Part 43.

Given that these section and Part 43 apply only to aircra ft with an airworthiness certificate, these sections will not apply to the Applicant. Maintenance will be accomplished by the operator pursuant to the Guide and the Manufact urer Instructions. An equivalent level of safety will be achieved because these sUAS are ve ry limited in size, will carry a small payload, and will operate only in defined Operations Ar eas for limited periods of time. If mechanical issues arise the sUAS platforms can land immedi ately and will be operati ng from no higher than 400 feet AGL. As provided in the Guide and Manuf acturer Instructions, th e operator will ensure that the sUAS is in working order prior to in itiating flight, perform re quired maintenance, and will keep a log of any maintenance performed. Moreover, the operator is the person most
familiar with the aircraft and best suited to main tain the aircraft in an airworthy condition to provide the equivalent level of safety.

Federal Register Summary

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the Federal Register, should it be determ ined that publication is needed:

Applicant seeks an exemption from the following rules: 14 C.F.R. Part 21, Subpart H; 14 C.F.R. § 45.23(b); 14 C.F.R. § 61.113(a), (b); 14 C.F.R. § 61.3(d)(2)(i ii); 14 C.F.R. § 91.7(a), (b); 14 C.F.R. § 91.9(b)(2); 14 C.F.R. § 91.103; 14 C.F.R. § 91.109; 14 C.F.R. § 91.119(b), (c); 14 C.F.R. § 91.121; 14 C.F.R. §14 91.151(a)(1); 14 C.F.R. § 91.203(a), (b); 14 C.F.R. § 91.405(a), (b); 14 C.F.R. § 91.407(a)(1); 14 C.F.R. § 91.409(a)(1)-(2); and 14 C.F.R. § 91.417(a), (b), to operate a small unmanned aircraft system weighing less than fifty- five pounds for training purposes.

Approval of exemptions allowing commercial op erations of sUAS platforms for training purposes will enhance safety by providing trained sUAS pilots for hire to the commercial sUAS industry. The operation of sUAS , weighing less than 55 pounds, conducted in accord with the conditions outlined above, will provide an equivale nt level of safety supporting the grant of the exemptions requested herein, including exempting th e applicant from the requirements of Part 21 and allowing commercial operations. These lightweight aircraft operate at slow speeds, close to the ground, and in a sterile envi ronment. As a result, sUAS ar e far safer than conventional operations conducted with manned aircraft.

Privacy Considerations

All flights will be conducted in the Operati ons Areas, which are located in remote areas that present no privacy i ssues of consequence.

Conclusion

The Applicant requests that the FAA gr ant the exemption requested herein. The Applicant looks forward to training the next generation of sUAS pilo ts that will carry the commercial industry forward.

Respectfully Submitted,

/s/ David F. Merrick
David F. Merrick Director, Center for Di saster Risk Policy Florid State University

/s/ Richard E. Doran, Steven M. Hogan Richard E. Doran and Steven M. Hogan Ausley McMullen Attorneys for the Center for Disaster Risk Policy, Florida State University.