Albany

Atlanta

Brussels

Denver

Los'Angeles

Miami

New'York ,QWHUQDWLRQDO'ULYH3HQWKRXVH McLean,'VA'22102

Tel:'703.336.8800 mckennalong.com Northern'Virginia

Orange'County

Rancho'Santa'Fe

San'Diego

San'Francisco

Seoul

Washington,'DC

Mark E. McKinnon

703.336.8708

Matthew J. Clark

703.336.8714 Email Address mmckinnon@mckennalong.com mclark@mckennalong.com

June 15, 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, University of Idaho ( hereinafter sometimes referred to as " UI " or "the University" ) hereby applies for a Summary G rant 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 the purpose of conducting aerial data collection, including aerial imaging and rem ote sensing and surveying

, in support of its education , community outreach and research operations

. UI respectfully submits that this Petition for Exemption qualifies for expedited approval, as the Federal Aviation Administration ( FAA ) has previously issu ed grants of exemption in circumstances similar in all material respects to those presented herein.

In addition to this Petition for Exemption, UI will also submit The University UAS Operations Manual under separate cover. UI submits this Operations Ma nual as a confidential document under separate cover pursuant to 14 C.F.R. § 11.35(b), as the material contain confidential commercial and proprietary information that UI has not and will not share with others. The information contained in the Operations Manual is not generally available to the public and is protected from release under the Freedom of Information Act, 5 U.S.C. § 552 e t s e

q

. U.S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE Washington, DC 20590

Re: Petition of University of Idaho for Summary Grant of Exemption Pursuant to

Section 333 of the FAA Modernization and Reform Act o f 2012U.S. Department of Transport ation

June 15 , 2015 Page 2

For your convenience, this Petition is organized as follows:

TABLE OF CONTENTS

P a g e

I

. B ACKGROUND& & D E S C R I P T I O N O F P E T I T I O N E R

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

II. D ESCRIPTION&OF& P ROPOSED& O PERATION

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

III. R ELEVANT& S TATUTORY& A UTHORITY

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

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

OF&THE& R EFORM& A CT

................................ ................................ ................................ .......... 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 UI 's Operating Documents

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

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

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

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

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

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

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

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 Air craft and 91.203(a) and (b): Carrying Civil Aircraft Certification and Registration

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

F. 91.103: Preflight Action

................................ ................................ ........................ 12

G. 91.109(a): Flight Instruction

................................ ................................ ................. 12

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

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

VI. D R UG&AND& A LCOHOL& P ROGRAM

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

VII. P UBLIC& I NTEREST

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

VIII. P RIVACY

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

IX. F EDERAL& R EGISTER& S UMMARY

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

X. C ONCLUSION

................................ ................................ ................................ ..................... 16U.S. Department of Transportation

June 1 5, 2015 Page 3

I

. B ACKGROUND& & D E S C R I P T I O N O F P E T I T I O N E R

The University of Idaho, with its main campus located in the diverse Northern Idaho FRPPXQLW\RI0RVFRZLV,GDKR¶VROGHVWSXEOLFXQLYHUVLW\

± opened in 1892, established in 1889 by

the Idaho Territorial Legislature, and perpetuated into the Idaho Constitution in 1890. The University RI ,GDKR ,GDKR¶VODQG

- JUDQWLQVWLWXWLRQLVFRQILUPHGXQGHUWKH ,GDKR&RGHDV3DJRYHUQPHQWDO LQVWUXPHQWDOLW\IRUWKHGLVVHPLQDWLRQRINQRZOHGJHDQGOHDUQLQJ ́ From the Unive UVLW\¶VGLVWLQFWLYH origin and identity comes its commitment to enhance the scientific, economic, social, legal, and cultural assets of the state of Idaho, and to develop solutions for complex problems facing society. The University delivers on this commit ment through its teaching, research, outreach, and HQJDJHPHQW  7KH 8QLYHUVLW\¶V SULPDU\ HPSKDVLV DUHDV DUH DJULFXOWXUH QDWXUDO UHVRXUFHV engineering, architecture, law, foreign languages, teacher preparation, and international programs

related to the fo regoing, with additional study areas of business, education, liberal arts and physical, life, and social sciences.

Today, the University has 70 locations statewide, making the entire state of Idaho the 8QLYHUVLW\RI,GDKR¶VFDPSXV,QDGGLWLRQWRLWVPDLQ campus in Moscow, the University operates: WKUHHUHJLRQDOFHQWHUVLQ%RLVH&RHXUG¶$OHQHDQG,GDKR)DOOVUHVHDUFKDQGH[WHQVLRQFHQWHUVLQ Aberdeen, Caldwell, Idaho Falls, Kimberley, Parma, and Twin Falls; 42 extension offices throughout the state; and research and outreach facilities including the Hagerman Aquaculture Center, Taylor Wilderness Research Station, the McCall Outdoor Science School, the University of Idaho Research Park, and the Nancy E. Cummings Ranch.

The University of Idaho is the sta WH¶V SULPDU\ UHVHDUFK XQLYHUVLW\ and is committed to undergraduate and graduate research education. Researchers affiliated with the University expend FORVHWRPLOOLRQLQIXQGHGUHVHDUFKHDFK\HDU7KH8QLYHUVLW\¶VUHVHDUFKDFWLYLWLHVSURPRWH

human and economic development, global understanding, and progress in professional practice by expanding knowledge and its applications in the natural and applied sciences, social sciences, arts, humanities, and the professions.

Further, as a land

- grant instituti on, the University of Idaho is uniquely positioned to expand its impact in Idaho and beyond. The University seeks to achieve that end through outreach and engagement, which entails working across disciplines; integrating teaching, research, and outreach

in WRH[WHQVLRQVHUYLFHVUHVSRQVLYHWR,GDKRDQGWKHUHJLRQ¶VEXVLQHVVDQGFRPPXQLW\QHHGVDQG partnering with stakeholders and constituents for the mutually beneficial exchange of knowledge and resources. To date, University of Idaho Extension programs serv e more than 500,000 Idahoans each

year.

The University of Idaho is dedicated to increasing the discovery and dissemination of new knowledge and believes that UAS have great potential, as both a vehicle for and a subject of University research, education, and outreach, to advance this goal. For this reason, the University of Idaho seeks an exemption for commercial operations of small UASs for the purpose of conducting aerial data collection in support of its educational and research operations.U.S. Department of Transportation

June 1 5, 2015 Page 4

In a ccordance with 14 C.F.R. § 11.81(a), UI provides the following information in support of its Petition for Exemption.

The contact information for Petitioner is as follows:

Casey Inge, J.D., Ph.D.

Associate General Counsel for Research and Special Assistant to the Vice President for Research University of Idaho Morrill Hall 103C (Moscow Office) 240D Idaho Water Center (Boise Office) 875 Perimeter Drive MS 3003 (Mailing Address) Moscow, Idaho 83844

- 3003 Phone: (208) 885

- 5996

Email: cinge@uidaho.edu

II. D ESCRIPTION&OF& P ROPOSED& O PERATION

UI seeks an exemption pursuant to Section 333 of the Reform Act to use a number of different UAS platforms for aerial data collection in support of its education , communit y outreach and research operations . By way of example, education and research programs supported by the proposed UAS operations, includes, but is not limited to: precision agriculture , including, plant monitoring and inventory, crop stress monitoring, mo nitoring weed populations in crops , and drought assessment monitoring; environmental an d wildlife monitoring/surveys ; research and development of UAS systems, in cluding UAS control software ; and teaching and instruction in UAS operation . Aerial data collected by UI 's UAS would also be used to promote and market UI , as well as support student recreational and sport activities. Fi nally, UAS may also be used to monitor and inspect UI buildings and infrastructure.

All of the UAS platforms UI intends to use have been approved for commercial use in other grants of exemption

, including the DJI Phantom 2, DJI Phantom 2 Vision, DJI Ph antom 2 Vision+, Trimble UX5, and SteadiDrone QU4D. 1 As set forth below, the FAA has previously determined that

these vehicles meet the criteria established in Section 333 of the Reform Act and are suitable platforms for performing aerial data collection.

The proposed operations in this Petition for Exemption are not new or novel to the FAA. The FAA has previous ly issued grants of exemption to use small UAS for aerial data collection in support of similar educational and research activities , including :

x Exemption No. 11552 to Sinclair Community College to conduct educational research and training (Docket No. FAA

- 2015

- 0374);U.S. Department of Transportation

June 1 5, 2015 Page 5

x Exemption No. 11304 to Auburn University Aviation Center to conduct training courses to instruct students in the operation of unm anned aircraft and their associated systems. (Docket No. FAA

- 2014

- 1014 ); and

x Exemption No. 11265 to the City of Roswell Coalition to perform research, development and validation of a formal UAS training curriculum (Docket No. FAA

- 2014

- 0732).

The low

- ris k UAS operations proposed by UI in this Petition for Exemption fall squarely within the category of aerial data collection that has been subject to previous approval

.

III. R ELEVANT& S TATUTORY& A UTHORITY

This Petition for Exemption is submitted pursuant to Se ction 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:

x The UAS's size, weight, speed and operational capability;

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

x O peration 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 exempti on is in the public interest. S e

e 49 U.S.C. § 106(f) (defining the authority of the Administrator); 49 U.S.C. § 44701(f) (permitting exemptions from §§ 44701(a), (b) and §§ 44702

± 44716, e t s e

q

. ). 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 equal to the existing rules). S e

e 14 C.F.R. § 11.81 (petitions for exemption).U.S. Department of Transportation

June 1 5, 2015 Page 6

IV. UI ' S& P ROPOSED& UAS O PE RATIONS& M EET&THE& R EQUIREMENTS OF& S ECTION& 333 OF&THE&
R EFORM& A CT

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

summary grant process pursuant to Section 333 of the Reform Act

, as each of the statutory criteri a and relevant factors are satisfied and the FAA has previously issued grants of exemption in circumstances similar in all material respects to those presented in this Petition for Exemption.

A

. A p p r o v a l i s W a r r a n t e d B a s e d o n t h e U A S ' s S i z e

, W e i g h t

, S p e e d

, a n d
O p e r a t i o n a l C a p a b i l i t y

The FAA is familiar with and has already determined that all five of the vehicles chosen by

UI meet the requirements of Section 333 of the Reform Act due to their weight, speed and operational capabilities : DJI Phantom 2, DJI P hantom 2 Vision, DJI Phantom 2 Vision+, Trimble UX5, and SteadiDrone QU4D

. S e

e e

. g

. ,

x D J I P h a n t o m 2 : Exemption No. 11315 to The Climate Corporation and Precision Planting, LLC; Exemption No. 114 45 to Unmanned Aerial Solutions.

x D J I P h a n t o m 2 V i s i o n : Exempt ion No. 11367 to ADM Crop Risk Services, Inc. ; Exemption No. 11366 to Florida Aerials, LLC.

x D J I P h a n t o m 2 V i s i o n + : Exemption No. 11224 to NextEra Energy, Inc.; Exemption No. 11230 to Montico, Inc.; Exemption No. 11228 to Steven Zeets ; Exemption No. 11218 to Saratoga Aerial Vehicle; and Exemption No. 11215 to Mike Johnson

x T r i m b l e U X 5 : Exemption No. 11329 to Falkirk Mining Co.; Exemption No. 11432 to CompassData, Inc.

x S t e a d i D r o n e Q U 4 D : Exemption No. 11337 to Hovershotsapv LLC; Exemption No. 11446

to Trum bull Unmanned, LLC.

The FAA has found the following shared characteristics of the DJI Phantom 2, DJI Phantom 2 Vision, DJI Phantom 2 Vision+, Trimble UX5, and SteadiDrone QU4D to warrant approval for a grant of exemption:

x They all weight less than 55 poun ds in cluding payload;

x They all have the capability 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, predictable, 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 fai lures ;U.S. Department of Transportation

June 1 5, 2015 Page 7

x 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

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

B

. A p p r o v a l i s W a r r a n t e d B a s e d o n t h e O p e r a t i o n a l R e s t r i c t i o n s i n U I ' s O p e r a t i n g D o c u m e n t s

The University UAS Operations Manual and the manufacturer's manuals for the selected UAS platforms (hereinafter collectively referred to as "operating documents") co ntain all the procedures and limitations necessary to safely and successfully perform the proposed operations

. To expedite the FAA's safety assessment of UI 's proposed UAS operations, UI has tailored its operating

documents to comply with the condition s a nd limitations imposed on similarly situated petitioners seeking to use small UAS for aerial data collection. S e

e e

. g

. , Grant of Exemption No. 11552 issued to Sinclair Community College, Docket No. FAA

- 2015

- 0374. In particular, the operating

documents co ntain systems and procedures to permit UI to comply with the conditions and limitations in the FAA's Grant of Exemption. I d

.

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 p ublic interest. 2

UI seeks an exemption from several interrelated provisions of 14 C.F.R. Parts 45, 61 and 91 for purposes of conducting the requested operations using small UAS , including:

F A R D e s c r i p t i o n

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 Certificat e, Privileges and Limitations

2 S e

e 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).U.S. Department of Transportation

June 1 5, 2015 Page 8

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 O v

e r O t h

e r t h

a

n C o

n

g

e

s

t e

d A r

e

a

s

91.121 Altimeter Settings

91.151(a) Fuel Req ui rements for Flight in VFR Conditions

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

. 9 1

. 9 ( c )

, 4 5

. 2 3 ( b ) a n d 4 5

. 2 7 ( a ) : A i r c r a f t M a r k i n g a n d I d e n t i f i c a t i o n R e q u i r e m e n t s

UI 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).

Ɣ 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.

Ɣ 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, restr icted or light

- sport category aircraft or experimental or provisionally 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

3 S e

e 14 C.F.R. § 11.81(e), which requires a peti tion 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.U.S. Department of Transportation

June 1 5, 2015 Page 9

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

- sport, "experimental," or "provisional," as applicable.

Ɣ 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 grants 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) mar kings in accordance with 14 C.F.R Part 45, Subpart C if the markings are as large as practicable." 4 All UAS flown by UI will bear N

- number markings that are as large as practicable in accordance with 14 C.F.R. Part 45, Subpart C. 5

B

. 9 1

. 4 0 5 ( a )

, 9 1

. 4 0 7 ( a ) ( 1 )

, 9 1

. 4 0 9 ( a ) ( 1 ) a n d ( 2 ) ; 9 1

. 4 1 7 ( a ) a n d ( b ) : M a i n t e n a n c e I n s p e c t i o n s

UI 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

ma intenance 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 inspection 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 potentiall y 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 re placement of any flight

- critical components. As req ui red by the operating 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 fo llow the UAS PDQXIDFWXUHU¶V maintenance, overhaul, replacement, inspection, 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 mainte nance, preventative maintenance, alterations, status of

4 FAA Docket No. FAA

- 20 14

- 0352.

5 S e

e

, e

. g

. , FAA Docket No. FAA

- 2014

- 0352, at 14.

6 S e

e

, 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 prescribed in subpart E of this part and shall between required insp ections «KDYHGLVFUHSDQFLHVUHSDLUHGDVSUHVFULEHGLQSDUWRIWKLVFKDSWHU

. ").U.S. Department of Transportation

June 1 5, 2015 Page 10

replacement/overhaul 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

. 6 1

. 2 3 ( a ) a n d ( c )

, 6 1

. 1 1 3

, 6 1

. 1 0 1 ( e ) ( 4 ) a n d ( 5 )

, 6 1

. 3 1 5 : P r i v a t e

, R e c r e a t i o n a l

a n d S p o r t P i l o t M e d i c a l C e r t i f i c a t e

, P r i v i l e g e s a n d L i m i t a t i o n s

UI seeks exemption from these sections , which restric ts private

, recreational or sport pilot certificate holders from flying aircraft 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 certifications 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 n or cargo.

In the Grant of Exemption No. 11062 to Astraeus Aerial 7 , the FAA determined that the unique characteristics of UAS operation outside of controlled airspace did not warrant the addition al

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. UI will operate away from persons and property that is not the subject matter of the flight

. UI 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 u sed for the operations before they are permitted to participate in commercial flights on behalf of UI . The pilot qualification, training, and currency req ui rements in the operating documents ensure that UI '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.

7 FAA Docket No. FAA

- 2014

- 0352

.

8 S e

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

- 2014

- 0642 at pgs.

8

- 9).U.S. Department of Transportation

June 1 5, 2015 Page 11

D

. 9 1

. 7 ( a ) : C i v i l A i r c r a f t A i r w o r t h i n e s s

Inasmuch as there will be no airworthiness certificate issued for the UAS, UI seeks an exemption from 14 C.F.R. § 91.7(a), which req ui res that a civil aircraft be in an airworthy condit ion to be operated. :KLOHWKHSHWLWLRQHU¶V8$6ZLOOQRW have an airworthiness certificate, 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 doc uments contain procedures which allow the PIC to determine whether the aircraft is in a condition safe for flight, and an exemption from § 91.7(a) is therefore warranted.

E

. 9 1

. 9 ( b ) ( 2 ) : C i v i l A i r c r a f t F l i g h t M a n u a l i n t h e A i r c r a f t a n d 9 1

. 2 0 3 ( a ) a n d ( b ) : C a r r y i n g C i v i l A i r c r a f t C e r t i f i c a t i o n a n d R e g i s t r a t i o n

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

±

« (2) For which an Airplane 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, appr oved 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 FXUUHQWDLUZRUWKLQHVVFHUWLILFDWH«

(b) No person may operate a civil aircraft unless 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 entran ce so that it is legible to passengers or crew.

Given the small size and configuration 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 o r 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 documents from the ground control station from which he or she isU.S. Department of Transportation

June 1 5, 2015 Page 12

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

is t o ensure the pilot has access to these key documents during flight. Therefore, an eq 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

F

. 9 1

. 1 0 3 : P r e f l i g h t A c t i o n

Petitioner seeks an exemption from 14 C.F.R. § 91.103, 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 air craft. While the PIC will be familiar with all information necessary to safely conduct 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 series 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 distance, UA performance data, and contingency landing areas

2 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

. 9 1

. 1 0 9 ( a ) : F l i g h t I n s t r u c t i o n

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 fr ee balloon) that is being used for flight instruction unless that aircraft has fully functioning 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. Accordingly, an exemption will be req ui red for the flight instruction req ui rements of 14 C.F.R. § 91.109(a).

9 Memorandum from Mark Bury, FAA Assistant Chi ef Counsel for International Law, Legislation and Regulation, to John Duncan, FAA Flight Standards Service (Aug. 8, 2014); s e

e a l s

o Docket No.

FAA

- 2014

- 0352 at 16

- 18.

10 S e

e a l s

o Exemption No. 11213 to Aeryon Labs, Inc. at pg. 11:

The petitioner requested relief from 14 CFR § 91.9(b)(2): C i v

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t s and § 91.203(a) and (b): C i v

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. The FAA has previously determined that relief from these sections is not necessary. S e

e Exem ption No. 11062. Relevant materials may be kept in a location accessible to the PIC in compliance with the regulations.U.S. Department of Transportation

June 1 5, 2015 Page 13

Given the size and speed of the UAS that Petitioner intends to us e, 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 experience s any difficulties during flight instruction. Moreover, all flight training will be conducted in controlled and sterile environment. As a whole, the procedures provided for in the operating documents ensure that UAS flight instruction can be performed sa fely.

H

. 9 1

. 1 1 9 ( c ) : M i n i m u m S a f e A l t i t u d e s O v e r O t h e r T h a n C o n g e s t e d A r e a s

UI requests an exemption 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

opera te, including 500 feet above the surface and away from any person, vessel, vehicle, or structure

in non

- congested areas. S e

e 14 C.F.R. § 91.119(c).

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 need 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 g iven the lack of flammable fuel with the UAS, any risk associated with these operations is far less 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,

a s well the controlled location where the operations will occur. In order to avoid any risk to manned 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 e nvironment, and all flights will occur at a
lateral dis tance of at least 500 feet from nonparticipating 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 wi ll be in place to ensure f light operations can be safely terminated if a nonparticipating person within 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 prope rty owner/controller has granted permission and the PIC has made a safety assessment of the risk of operating closer to those objects

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

Adherence to these restriction s in UI 's operating documents will ensure the proposed operations can

be conducted without compromising safety to persons or property on the ground.

11 Relief from § 91.119(a) will not be necessary because Petitioner will be able 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 necessary. S e

e e

. g

., Grant of Exemption No. 11157 to Slugwear, Inc., dba Likeonatree Aerial at pg. 15 (Docket No. FAA

- 2014

- 0534 ).U.S. Department of Transportation

June 1 5, 2015 Page 14

I

. 9 1

. 1 2 1 : A l t i m e t e r S e t t i n g s

To the extent necessary for UI to conduct the proposed operations, Petitio ner requests an exemption from 14 C.F.R. § 91.121, which req ui res a person operating an aircraft to maintain

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 achieved 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 zero 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 t he proposed operations meet all these operational characteristics. Moreover, the operating documents req 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 Petiti on for Exemption, Petitioner's UAS and the safety mitigation procedures contained in the operating documents, 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.

J

. 9 1

. 1 5 1 ( a ) : F u e l R e q u i r e m e n t s f o r F l i g h t i n V F R C o n d i t i o n s

UI requests an exemption from 14 C.F.R. § 91.151(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 un less (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 meaningful 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 unless (considering wind and forec ast weather conditions)

12 S e

e Grant of Exemption No. 11062 to Astraeus Aerial (FAA

- 2014

- 0352 at 21).

13 S e

e e

. g

. , Exemption Nos. 8811, 10808, and 10673

.

14 Docket No. FAA

- 2014

- 0642.U.S. Department of Transportation

June 1 5, 2015 Page 15

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

. 15 Petitioner's operating documents impose this same req uirement and an exemption from § 91.151(a)'s fuel req ui rements for flight in VFR conditions is therefore appropriate

.

VI. D RUG&AND& A LCOHOL& P ROGRAM

UI will have policies in place to ensure that no person may participate in UAS flight operations if they are un der the influence of alcohol or any drug.

VII. P UBLIC& I NTEREST

The public interest will be served by granting UI 's Petition for Exemption. Congress has established a national policy that favors early integration of UAS into the NAS in controlled, safe

worki ng environments such as those proposed in this Petition. Granting this Petition for Exemption helps fulfill Congress' goal in passing Section 333(a) through (c) of the Reform Act

2 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, t he public stands to benefit enormously from the education, research and community outreach programs supported by the proposed operations in this

Pe tition for Exemption . Whether its performing wildlife habitat research, or researching ways for

farmers to produce better crops in a more sustainable and environmentally conscious manner, the public as a whole will benefit from the information gathered an d studied as part of the education

, outreach, 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 regar ding privacy. UI will not conduct flight operations over property that it does not own or control without the prior consent and knowledge of the property owner.

15 Exemption No. 11213 at pg. 12.U.S. Department of Transportation

June 1 5, 2015 Page 16

IX. F EDERAL& R EGISTER& S UMMARY

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

F EDERAL R EGISTER , should it be determined that publication is needed:

Petitioner seeks an 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 , rotorcraft for aerial data collection in support of university education , community outreach, 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 UI in this Petition for Exemption. In co nsideration of the foregoing, UI respectfully submits that this Petition for Exemption qualifies for expedited approval via the FAA's summary 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.
Very truly yours,

Mark E. McKinnon

Matthew J. Clark

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AttachmentU.S. Department of Transportation

June 1 5, 2015 Page 17

(The following attached item will be submitted under separate cover as it contain s proprietary and commercial information exempt from disclosure under the Freedom of Information Act, 5 U.S.C. §

522 e t s e

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

A t t a c h m e n t :

x The University UAS Operations Manual