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'D iego

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

December 3 , 2014

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

Re: Petition of Auburn University Aviation Center

, for an Exemption Pursuant to

Section 33 3 of the FAA Modernization and R eform Act of 2012

Dear Gentlemen :

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 ("Reform Act") and 14 C.F.R. Part 11, Auburn University Aviation Center ("Auburn University") hereby applies for an exemption from the Federal Aviation Regulations ("FARs") identified below, to

allow commercial operation of small unmanned aerial vehicles ( i

. e

. , "small unmanned aircraft" or "UAS") as part of Auburn University's Flight Instruction Program.

This exemption is made based o n informat ion outlined in this P etition for Exemption , as well as the accompan ying Auburn DJI Phantom 2 UAS Flight Operations Manual, Auburn DJI

Phantom 2 UAS Aircraft Flight Manual ( sometimes referred to collectively as "Auburn 's Ops/Flight Manuals"), DJI Phantom 2 Vision + User Manual, Smart Flight Battery Safety Guidelines, Quick Start Guide, and Pilot Training Guide (collectively referred to as "Manufacturer's Manuals"). Auburn University submits these supporting materials as

confidential doc uments pursuant to 1 4 C.F.R. § 11.35(b), as the materials contain confidential commercial and proprietary information that Auburn University has not and will not share with others. Additionally, these documents contain operating conditions and procedures that are not general ly available to the public and are protected from release under the Freedom of Information Act, 5 U.S.C. § 552 e t s e

q

. , and any other requirements established by the FAA

pur suant to Section 333 of the Reform Act.U.S. Department of Transportation December 3, 2014 Page 2

For your convenience, this Petition is o rganized as follows:

I

. Description of Petitioner
I I

. Description of Proposed Operation
I I I

. Relevant Statuto ry Authority
I V

. Auburn University 's Proposed UAS Operations Meet the Requirements of Section 333

of the Reform Act
A

. Approval is Warranted Based on the UAS's Size, Weight, Speed, and Operational Capability
B

. Approval is Warranted Based on the O perational Restrictions Set Forth in

the Auburn's Ops/Flight Manual
V

. Regulations From Which Exemption is Sought
A

. 14 C.F.R. Part 21, Subpart H

± Airworthiness Certificates and 14 C.F.R. § 91.203
B

. 14 C.F.R. Part 27 Airworthiness Standards: Normal Category

Rotorcraft C

. 14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness
D

. 14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft and 14 C.F.R. § 91.203(a) and (b): Carrying Civil Aircraft Certification and Registratio n E

. 14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a): Aircraft Marking and Identification Requirements
F

. 14 C.F.R. § 91.103: Preflight Action G

. 14 C.F.R. § 91.109(a): Flight Instruction
H

. 14 C.F.R. § 91.119: Minimum Safe Altitudes
I

. 14 C.F.R. § 9 1.121: Altimeter Settings
J

. 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR

Conditions
K

. 14 C.F.R. § 91.4 05(a), 91.407(a)(1), 91.409(a)(1 ) & (2) ; 91.417(a) and (b): Maintenance Inspections
L

. 14 C.F.R. Part 61, 14 C.F.R. § 61.3, 14 C.F.R. § 61. 113 : Private Pilot Privileges

a nd Limitations
V I

. Public Interest
V I I

. Privacy
V I I I

. Federal Register Summary
I V

. ConclusionU.S. Department of Transportation December 3, 2014 Page 3

I. D ESCRIPTION#OF# P ETITIONER

Auburn University has a rich aviation history and heritage. Auburn Univers ity Flight

Education was established in 1941 as the Auburn School of Aviation. During World War II, the school trained civilian pilots for service in the Army Air Corps. Now, the primary Flight Education mission is to provide the Professional Flight Management degree students with a quality education in required ground and flight courses. Auburn students in other majors, Auburn faculty and staff and local citizens also earn their "wings" at Auburn. After decades of successful hires and graduates, Auburn and Flight Education have developed a solid reputation for excellence across the aviation industry.

Auburn University is dedicated to continuing to build a robust, visionary aviation and aerospace program that fosters economic development, discove rs new products and processes, and creates opportunities for students. As part of this vision, Auburn University seeks an exemption for commercial operations of small UAS to conduct training courses to instruct

students in the operation of unmanned aircraft and their associated systems

.

In accordance with 14 C.F.R. § 11.8 1(a), Auburn University provides the following information in support of its Petition for Exemption.

The contact information for Petitioner is as follows:

Bill Hutto

Director Auburn University Aviation Center

2150 Mike Hubbard Boulevard

Phone: (334 ) 844

- 1942 Fax: (334) 844

- 4272

Web: www.auburn.edu/aviationcenter Email: huttowt@auburn.edu

II. D ESCRIPTION# P ROPOSED# O PERATION

Auburn University intends to establish a UAS Flight Instruction Program. Th is program

will introduce students to the elements of UAS operation from a commercial and non

commercial perspective and how these operations must fit into the N ational Air Space System ("NAS"). All UAS training and instruction activities will occur under tightly controlled conditions on property that is more than five m iles from any airport and is owned and controlled by Auburn University. Upon completion of Auburn University's Program, students will be provided with a Certificate of Completion. This "Certificate of Completion" does n o

t permit the student to engage in commercial UAS activities that are not in accordance with the FARs, butU.S. Department of Transportation December 3, 2014 Page 4

rather, is intended to be an acknowledgement that the student has successfully demonstrated a complete understanding of UAS operations from a NAS perspective.

Auburn University wil l serve students, federal, state, and local governments, and the aviation industry as a whole by pioneering UAS academic programs, enhancing relationships with government and industry , strengthening UAS flight operations an d training, and collaborating with other academic institutions. T his exemption request is an opportunity to not only prepare students for aviation and aerospace careers in the UAS industry, but also to

collabor ate with the FAA to study and address training and qualification needs specific to the

UAS industry. Furthermore, Auburn University will coordinate and continuously update its

curriculum to take advantage of new guidance and regulations proposed and implemented by the FAA. Auburn University is commi tted to ensuring that its instruction program not only is compliant, but always reflects best practices as UAS integration into the NAS proceeds

.

I I I

. R ELEVANT# S TATUTORY# A UTHORITY

This Petition for Exemption is submitted pursuant to Section 333(a) through (c) of the FAA Modernization and Reform Act of 2012 ("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 a irports and populated areas; and

x 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 Admini strator decides a requested exemption is in the public interest. S e

e 49 U.S.C. § 106(f) (defining the authority of t he Administrator); 49 U.S.C. § 44701(f) (permitting exemp tions 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 fo r exemption).

IV. A UBURN# U NIVERSITY ' S# P ROPOSED# UAS O PERATIONS# M EET# THE# R EQUIREMENTS# OF#
S ECTION# 333 OF#THE# R EFORM# A CTU.S. Department of Transportation December 3, 2014 Page 5

Auburn University 's proposed operations in this Petition for Exemption qualify for expedited approval pursuant to Section 333 of the Refo rm Act as each of the statutory criteria and relevant

factors are satisfied.

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

Auburn University will employ the DJI Phantom 2 Vision Plus quadcopter for the op erations

described in this Petition for Exemption. This UAS has a maximum take

- off weight of less than 3 pounds. The flight speed is limited to a maximum of 33.5 miles per ho ur, and it will not be flown at
an altitude that exceeds 400 feet AGL. All flig hts will be flown in such a way that they can be safely terminated with a reserve battery power of 25% of the battery's max imum charge. The DJI Phantom

Vision II Plus does not carry any flammable propellant or fuel. The UAS also has an integrated GPS

sys tem that calculates the UAS's position and height and relays that information via a secure connection to the operator. Additionally, the UAS contains a failsafe mode if its connection to the

remote control is lost

, and this system permits the UAS to retur n to a predetermined location and land without injury or damage.

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 S e t F o r t h i n A u b u r n ' s O p s / F l i g h t M a n u a l s

Together

, Auburn 's Ops/Flight Manuals and the Manufacturer's Manuals contain all of the procedures and limitations necessary to successfully perform the operations specified in this Petition for Exemption. To assist the FAA in making a safety assessment of Auburn University 's proposed operations, below is a summary of operational lim itations and conditions which will ensure an equivalent or higher level of safety to operations conducted under current regulatory guidelines:

1. The UAS weigh s 3 pounds o r less.

2. Flights will be operated within the visual

- line

- of sight of a pilot and an observer.

3. Maximum total flight time for each operational flight will be limited to 25% reserve battery power remaining.

4. Flights will be operated at an altitude of no more than 400 feet AGL and will not be conducted within navigable contro lled airspace without prior written authorization

from the FAA

.

5. Flights will be operated at a lateral distance of at least 500 feet from any persons, inhabited structures, vehicles or vessels that are not involved in the inspection unless permis sion has been received and appropriate waivers have been signed by the

persons or property owners in advance.U.S. Department of Transportation December 3, 2014 Page 6

6. Flights will be limited to a speed of 3 5 mph and vertical as cent will be limited to 15 mph.

7

. The UAS will be operate d and maintained i n accordance with the requirements of

the Manufacturer's Manuals and any manufacturer Safety Bulletins

.

8

. Prior to the operation, the flights will be fully preplanned and briefed, including possible contingencies and emergency procedures

.

9

. Aub urn University will file a Notice to Airman (" NOTAM ") with an appropriate air

traffic control ("ATC") facility between 72 and 48 hours before the flight.

10

. All required permissions and permits will be obtained from territorial, state, county or

ci ty jurisdictions, including local law enforcement, fire or other appropriate governmental agencies.

11

. If the UAS loses communication with the pilot , it will have the capability to return to the sterile area home launch location or a pre

- determined safe abort location.

12

. Conti n gency plans will be in place to safely terminate flight if there is a loss of communication between the pilot and the observer.

13

. The UAS will have the capability to abort flight in the case of unpredicted obstacles or emergencies.

14

. All UAS operators and observers will have a Class III Medical Certificate.

1 5

. All UAS operations will occur in daylight, Visual Flight Recognition ("VFR")

conditions. IFR flights are prohibited and no flights will occur at nig ht, or in adverse

weather conditions.

1 6

. The UAS will be controlled by the Phantom 2 2.4GHz Remote Control System and the radio frequency spectrum used for operation and control of the UA shall comply with the Federal Communications Commission ("FC C") or other appropriate government oversight agency requirements.

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, includ es exempting civil aircraft, as the term is definedU.S. Department of Transportation December 3, 2014 Page 7

under § 40101 of the Act, including UASs, from its safety regulations and minimum standards when the Administrator decides a requested exemption is in the public interest. 1

Auburn University seeks an ex emption from several interrelated provisions of 14 C.F.R. Parts 21, 45, 61 and 91 for purposes of conducting the requested oper ations using UAS . Listed

below are : (1) the specific sections of 14 C.F.R. for which exemption is sought, and ; (2) 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. 2

A

. 1 4 C

. F

. R

. P a r t 2 1

, S u b p a r t H

± A i r w o r t h i n e s s C e r t i f i c a t e s a n d 1 4 C

. F

. R

. §
9 1

. 2 0 3 ( a ) ( 1 )

The FAA has stated that no exemption is needed from this section if a finding is made

under the Reform Act that the UAS selected provides an equ i v a lent level of safety when compared to aircraft normall y used for the same applicat i on. These criteria ar e met, and

ther efore no exemption is needed. S e

e Grant of Exemption to Astraeus Aerial, Docket No. FAA

2014

- 0352 at 13

- 14, 22. If, however, the FAA determines that ther e are some characteristics of

the chosen UAS that fail to meet the requirements of the Reform Act, an exemption is requested.

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The UASs selected by Auburn University are safe when taking into account their size, weight, speed, and operational capabil ity. As set forth in Section IV(B)

, s u

p

r

a

, the UAS weigh s l ess than 3 pounds and will be flown at less than 3 3. 5 mph and completely outside controlled airspace. Additionally, the UASs carry neither pilots nor passengers, carry no explosive materials and or flammable liquid fuels, and operate exclusively within th e parameters stated in Auburn's Ops/Flight Manuals.

Operations conducted under this exemption will be closely controlled and monitored by the operator and will be conducted in compliance with local public safety requirements, to provide security for th e area of operation. Auburn University will also provide the FAA with advance notice of all operations via NOTAMS. In all cases, the UAS operated under the

1 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 Secti ons 44702

- 44716).

2 S e

e 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 provid ed by the rule from which you seek exemption.U.S. Department of Transportation December 3, 2014 Page 8

proposed conditions, will be at least as safe as, or safer than conventional rotorcraft operating with an airworthiness certificate without the restrictions and conditions of the proposed UAS operations.

Further, t he UAS do es not need a means to communicate with other aircraft or ATC, because those capabilities will be possessed by the PIC and Observ er , who are not onboard the

UAS

. S e

e Grant of Exemption, Docket FAA

- 2014

- 0352 at 13. In addition, the UAS will be operated at all times in visual line

- of

- sight and in VFR conditions

. I d

.

B

. 1 4 C

. F

. R

. P a r t 2 7 A i r w o r t h i n e s s S t a n d a r d s : N o r m a l C a t e g o r y R o t o r c r a f t

Title 14 C.F.R. Part 27 sets forth the procedural requirements for airworthiness certification of normal category rotorcraft. To the extent the Petitioner's UAS would otherwise

req uire certification under Part 27, Petitioner seeks an exemption from Part 27's airworthiness standards for the same reasons identified in the request for exemption from 14 C.F.R. Part 21, Subpart H, s u

p

r

a

.

C

. 1 4 C

. F

. R

. § 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 Petitioner

intends to use

, Auburn University seeks an exemption from 14 C.F.R. § 91.7(a), which requires that a civil aircraft be in airworthy condition to be operated. The FAA has stated that no exemption is required for 14 C.F.R. § 91.7(a) to the extent that the requirements of Part 21 are waived or found inapplicable. S e

e Grant of Exemption to Astraeus Aerial, Docket No. FAA

2014

- 0352 at 13

- 14, 22. Accordingly, Petitioner r equests that the requirements for § 91.7 (a) be treated in accordance with Section V(A), s u

p

r

a

.

D

. 1 4 C

. F

. R

. § 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 1 4
C

. F

. R

. § 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

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 Man ual is required 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):U.S. Department of Transportation December 3, 2014 Page 9

(a) Except as provided in § 91.715, no person may operat e a civil aircraft unless it has within it the following:

$QDSSURSULDWHDQGFXUUHQWDLUZRUWKLQHVVFHUWLILFDWH«

(b) No person may operate a civil aircraft unless the airwo rthiness certificate required by paragraph (a) of this section or a special fligh t authorization issued

under § 91. 715 is displayed at the cabin or cockpit entra nce 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 beca use there is simply no

room

. Also the UAS has no cabin or cockpit.

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I n 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 o f 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 required documents from the ground control station from which he or she is operating the aircraf t. As this FAA Office of Chief Counsel Opinion clarifies, t he intent of the rule is to ensure the pilot has access to these key documents during flight. Therefore, an equivalent level of safety will be achieved be ensuring that the pilot has

access to th e documents at the ground control station from which he or she is piloting the UAS.

E

. 1 4 C

. F

. R

. § § 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

Auburn University seeks an exemption from the aircraft markin g and identification requirements contained in 14 C.F.R. § § 91.9(c), 45.23(b) and 45.27(a)

.

x 14 C.F.R. § 91.9(c), Civil Aircraft Flight Manual, Marking and Placard requirements, provides that:

No person may operate a U.S.

- registered civil aircraft unless th at aircraft is identified in accordance with Part 45 of this chapter.

x 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

- spor t category aircraft or experimental or provisionally certificated aircraft, the operator must also display on that aircraft near each entrance to the cabin, cockpit, or pilotU.S. Department of Transportation December 3, 2014 Page 10

station, in letters not less than 2 inches nor more than 6 inches high, the

words "limited," "restricted," "light

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

x 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 required by § 45.23.

In a previous Grant of Exemption, the FAA determined that exemption from these requirements 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."

FAA Docket No. FAA

- 2014

- 0352.

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Auburn University will mark all UASs with their N

- Number on the fuselage. The markings will be made as large as practicable.

F

. 1 4 C

. F

. R

. § 9 1

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

Auburn University seeks an exemption from 14 C.F.R. § 91.103, which requires a PIC to become familiar with specific information before each flight, including information contained in

the FAA

- approved Flight Manual on board the aircra ft. While the PIC will be familiar with all information necessary to safely conduct the flight, an exemption is requested to the exte nt that an

FAA

- approved Flight M anual is required.

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An equivalent level of safety will be provid ed by following Auburn's Ops/Flight Manuals

and the Manufacturer's Manuals

. The PIC will perform a series of checklists in accordance with the Petitioner's Aircraft Flight Manual, including checklists covering Pre

- Flight , Launch, Landing, After Landing, a nd Shut Down/Secure procedures. 3 The PIC will also be required to review weather, flight requirements, battery charge, landing and takeoff distance, aircraft performance data, and contingency landing areas

- before initiation of flight. Auburn's Ops/Flig ht Manuals and the Manufacturer's Manuals will be kept at the ground control station and will be accessible to the PIC at all times while operating the UAS.

3 S e

e pages 11

- 12 of the Auburn DJI Phantom 2 sUAS Aircraft Flight Manual.U.S. Department of Transportation December 3, 2014 Page 11

G

. 1 4 C

. F

. R

. § 9 1

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

Auburn University seeks an exemption from 14 C.F.R. § 91.109(a), which provides 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 functioning dual controls." UASs and remotely piloted aircraft, by their desi gn, 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 required for the flight instruction requirements of 14 C.F.R. § 91.109(a).

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Given the size and speed of the UAS that Auburn University intends to use, an equivalent level of safe training can still be performed without dual controls because no pilot or passengers

are aboard t he UAS, and as required by Auburn's Ops/Flight Manuals

, all persons will be a safe distance away in the event that the UAS experiences any difficulties during flight instruction.

Moreover , Petitioner will conduct training in a controlled and sterile envir onment. As required by Auburn's Ops/Flight Manuals, training and instruction will be conducted in a sterile area on property that is owned and controlled by Auburn University. These facilities will not be open to the public during UAS operations

, and access will be restricted to authorized Auburn University personnel and students enrolled in the UAS course.

As required by Auburn's Ops/Flight Manuals, the Flight Training Team will be composed

of a PIC, Visual Observer, Student, Instructor , and Flight Examiner

. 5 Designated Instructors and

E xaminers are required to be an FAA licensed airman with at least a private pilot's certificate and

have a Class II I Medical Certificate. Further, all Instructors and Examiners must have successfully passed a written and/or oral exam covering Auburn Univer sity's UAS operations per Auburn's Ops/Flight Manuals. Instructors and Examiners are also required to pass a practical exam covering operations of the aircraft being used to perform the proposed operations in this Petition for Exemption. As a whole, t he safety procedures provided for in Auburn's Ops/Flight

Manuals ensure that the proposed UAS operations provide an equivalent or higher level of safety than the flight instruction regulations.

H

. 1 4 C

. F

. R

. § 9 1

. 1 1 9 : M i n i m u m S a f e A l t i t u d e s

Auburn Univ ersity requests an exemption from the minimum safe altitude requirements of 14 C.F.R. § 91.119. 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, vesse l, vehicle, or structure in non

- congested areas. S e

e 14 C.F.R. § 91.119(c). Section 91.119(d)

5 S e

e page s 3 3

- 34 of the Auburn DJI Phantom 2 sUAS Flight Operations Manual.U.S. Department of Transportation December 3, 2014 Page 12

allows for a helicopter to operate at less than those minimum altitudes when it can be operated "without hazard to persons or property on the surface," provided that "each person operating the helicopter complies with any routes or altitudes specifically prescribed for helicopters by the

FAA."

An exemption is required because the proposed UAS operations will need to occur below

400 feet AGL. Further, due to the nature of the proposed operat ions, the PIC, Observer(s)

, Instructor and/or Student may at times be less than 500 feet away from the UAS.

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Compared to flight operations with rotorcraft weighing far more than the maximum weights p roposed herein, and given the lack of flammable fuel with the UAS s , any risk associated with these operations is far less than those that presently exist with conventional aircraft. An equivalent level of safety will be achieved given the size, weight, an d speed of the

UAS s , as well the controlled and sterile location where the operations will occur. In order to avoid any risk to manned aircraft, flight opera tions will be restricted to 400 feet AG L or below. As set forth in Auburn's Ops/Flight Manuals , t he UASs will be operated in a restricted area that is owned or controlled by Auburn University. These restrictions will ensure that the proposed UAS operations are performed in a manner that protects the safety of participants, non

participants, the UAS a nd other property.

I

. 1 4 C

. F

. R

. § 9 1

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

This petition seeks an exemption from 14 C.F.R. § 91.121, which requires a person operating an aircraft to maintain cruising altitude or flight level by reference to an altimeter that

is set t o the elevation of the departure airport or barometric pressure. An exemption is required to the extent that the UASs do not have a barometric altimeter, but rather a GPS altitude read

out.

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The FAA has stated that an equivale nt level of safety to the requirements of 14 C.F.R. § 91.121 can be achieved in circumstances where: (1) the UASs will be operated at 400 feet AGL or below, (2) within visual line

- of

- sight, (3) where GPS based altitude information is relayed in

real time t o 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. S

e

e Grant of Exemption to Astraeus Aerial, Docket No. FAA

- 2014

- 0352 at 21.

As the attached Auburn Ops/ Flight Manuals and Manufacturer's Manuals demonstrate

, the UASs Auburn University intends to use meet these requirements. Moreover, Auburn University's Aircraft Flight Manual includes GPS compass calibration procedure s that must beU.S. Department of Transportation December 3, 2014 Page 13

performed prior to each flight. Like Astraeus Aerial's petition for exemption, the UASs Auburn University intend s to use, and the safety procedures contained in Auburn's Ops/Flight Manuals

, both ensure that an equivalent le vel of safety wil l be achieved, and a grant of exemption to the requirements of § 191.121 is therefore appropriate.

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Auburn University requests an exemption from 14 C.F.R. § 91.151(a)'s fuel r equirements 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 land ing and, assuming normal cruising 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. A n exemption from the fuel requirements of 14 C.F.R. § 91.151(a) is therefore required.

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The FAA has stated that an equivalent level of safety ca n be achieved by requiring that each UAS operation be completed within 30 minutes flight time or with 25% battery power remaining, whichever occurs first. S e

e Grant of Exemption to Astraeus Aerial, Docket No.

FAA

- 2014

- 0352. Auburn's Ops/Flight Manuals in clude a similar restriction which requires UAS flight operations to be terminated once 25% battery power reserve is reached.

The UAS that Auburn University intends to use has a low battery capacity warning system. Telemetry data is downlinked from the U A to the ground control station which will alert the PIC when remaining battery power drops below 30%. Consistent with the procedures in Auburn's Ops/Flight Manuals, the PIC will promptly fly the UA back to the home launch location or pre

- determined abort location where the UA may safely land. Together, the safety procedures required in Auburn's Ops/Flight Manuals, and the design features of the selected UAS, ensure that the proposed operation will provide an equivalent level of safety to that provided by the regulations.U.S. Department of Transportation December 3, 2014 Page 14

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Auburn University seeks an exemption from the maintenance inspection requirements

contained in 14 C.F.R. § 91.405(a), 9 1.407(a)(1), 91 .409(a) (1) & (2); 91.417(a) and (b). These regulations specify maintenance and inspection standards in reference to 14 C.F.R. Part 43. S e

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. , 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 inspections «KDYHGLVFUHSDQFLHVUHSDLUHGDVSUHVFULEHGLQSDUWRIWKLVFKDSWHU$QH[HPSWLRQIURP these regulations is needed because Part 43 and these sections onl y apply to aircraft with an airworthiness certificate, which the UAS Auburn University intends to use will not have.

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An equivalent level of safety will be achieved because maintenance and inspections will be performed in accordan ce with the Manufacturer's Manual s and any applicable manufacturer Safety Bulletins. Further, as required by Auburn's Ops/Flight Manuals

, flights will not be

conducted unless a pre

- flight checklist covering all flight critical components of the UAS has

be en completed. Auburn's Ops/Flight Manuals also contains recordkeeping requirements for routine, interval and post

- flight maintenance. As a whole, the maintenance and inspection procedures required in Auburn's Ops/Flight Manuals ensure that an equivalent or higher level of safety will be achieved.

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

Auburn University will require its flight instructors to have a private SLORW¶VOLFHQVH

. However, as set forth in the accompanying Manuals, flight instruction will also be provided to VWXGHQWVZKRZLOOQRWKDYHDSULYDWHSLORW¶ s license . Accordingly, Aub ur n University seeks exemption from 14 CFR Part 61, including 14 CFR § 61.3 to the extent that these regulations are interpreted as requir ing a student receiving UAS pilot instruction to ha ve a private pilot's

certificate. All student instruction flights will be conducted under closely controlled circumstances, outside of navigable airspace and away from persons or property not involved in

the instruction. In addition, the student instruction flights will be conducted under the close supervision of a flig ht instructor ZKRZLOOKDYHDSULYDWHSLORW¶VOLFHQVH

In addition, to the extent that Auburn University will be employing persons with a private SLORW¶VOLFHQVHWRRSHUDWHLWV8$6DQH[HPSWLRQLVDOVRVRXJKW from 14 C.F.R § 61.113, which

restricts private pilot certificate holders from flying aircraft for compensation or hire, and which would also require a second class medical certificate. The purpose of this section is to ensure theU.S. Department of Transportation December 3, 2014 Page 15

skill and competency of any PIC where the aircraft is carrying p assengers or cargo for hire. In this case, while Instructors 6 or Flight Examiners acting as PIC of the Flight Training Team will be operating UASs for a commercial purpose as part of Auburn University's Flight Instruction Program, the UASs carry neither p assengers nor cargo. 7 Moreover, in the Astraeus Aerial Grant of Exemption ( FAA Docket No. FAA

- 2014

- 0352 ), the FAA determined that the unique characteristics of UAS operation outside of controlled airspace did not warrant the additional

cost and restrict i ons attendant with requiring the PIC to have a C ommercial P ilot C ertificate and

C lass II M edical C ertificate.

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Auburn University will ensure and equivalent level of safety to the regulatory requirements of 14 C.F.R. Pa rt 61, including 14 C.F.R. §§ 61.3 and 61.113 by following the safety procedures provided in Auburn's Ops/Flight Manuals. Specifically, the sUAS Flight Instruction procedures and Flight Training Team protocols contained in Paragraphs 7 and 16 of

Auburn's sUAS Flight Operations Manual include numerous conditions and limitations which ensure the proposed UAS operations can be conducted safely

. These include a minimum of a

Class III Medical C ertificate for all flight personnel, including students, a demonstr ation of proficiency through written /oral examination covering all flight operations

.

In addition to these training and experience requirements, Auburn University has placed

additional restrictions on its proposed UAS operations to ensure an extra margin of safety. The

UAS will only operate in a controlled and sterile area away from persons and property not involved in the operation. As required in Auburn's Ops/Flight Manuals, the PIC will maintain a

500 foot buffer from non

- participating personnel, as well as buildings, vessels and vehicles that are not part of the UAS operation being conducted. It wil l be fl own based o n VLOS at 400 feet

AGL or below. Auburn University will also file a NOTAM with the appropriate ATC facility

between 48 and 72 hours b efore the flight is to occur. Auburn's Ops/Flight Manuals, including its qualification, currency and training requirements for members of Auburn's Flight Instruction Program, ensure that UAS operators are competent and proficient in the UAS they are opera ting. Collectively, these procedures ensure that the proposed UAS operations can be conducted safely

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6 Instructors are defined as: "The individual receiving instruction covering sUAS operation as provided by Auburn University." Auburn DJI Phantom 2 sUAS Aircraft Flight Manual at ¶16.2.1.4.1.1.

7 Student operators participating in Auburn University's Flight Instruction Program will n o

t operate UAS for compensation or hire.U.S. Department of Transportation December 3, 2014 Page 16

The public interest will be served by granting Auburn University 's Petition for Exemption. Congress has established a national poli cy that favors early integration of UAS into

the National Airspace System ("NAS") in controlled, safe working environments such as those proposed in this P etition . Granting this Petition for Exemption helps fulfill Congress' goal in passing Section 333(a ) through (c) of the Reform Act, namely; the FAA Administrator's assessment of whether certain UAS may operate safely in the NAS before completion of the rulemaking required under Section 332 of the Reform Act.

The proposed UAS operations in this Petitio n for Exemption will benefit students, federal, state, and local governments, and the aviation industry as a whole by pioneering UAS academic programs that focus on the safe integration of UAS into the NAS. This Petition for Exemption offers the FAA and opportunity to collaborate with an academic institution that has decades of experience and a solid reputation for excellence throughout all facets of the aviation

ind ustry . The public as a whol e will benefit from a collaborative relationship between the FAA and Auburn University that focuses on the safe promotion of best practices for training and qualification needs specific to the UA S industry.

The proposed UAS operations in this Petition for Exemption will also improve safety and reduce risk by alleviating the public's exposure to danger associated with student flight training utilizing full size fixed

- wing aircraft and rotor craft. The UASs Petitioner intends to use are battery powered and create no emissions. Moreover, in the unlikely event that one of Petitioner's UASs crash, there is no fuel to ignite and explode. Any accident involving Petitioner's lightweight UASs will present significantly less danger to the pilot and other individuals on the ground than one involving a full size helicopter.

VI I. P RIVACY

All Auburn University UAS operations shall be conducted in accordance with applicable federal, state, or local la ws regarding privacy. Auburn University will not conduct flight operations over property that it does not own or control without the prior consent and knowledge of the property owner. Moreover, Auburn University will not capture or use images from neighb oring properties within the vicinity of UAS flight operations.

VIII

. 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 need ed:

Petitioner seeks an exemption from the following sections in Title 14 of the Code of Federal Regulations :U.S. Department of Transportation

Dece mber 3, 2014 Page 17

Part 21, Subpart H; Part 27; 45.23(b); 45.27(a); 61.3; 61. 113 ; 91.7(a); 91.9(b)(2); 91.9(c); 91.103; 91.109(a); 91.119; 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 performing equivalent flight trai ning with

conventional fixed

- wing aircraft

, rotorcraft , or other methods

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IV

. C ONCLUSION

Auburn University 's Petition for Exemption satisfies the criteria articulated in Section 333 of the Reform Act of 2012 including weight, speed, operating capabilities , proximity to airports and populated area s, operation within visual line

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- sight and national security. The proposed UAS operations will benefit the public as a whole by fostering a collaborative relationship between the FAA and Auburn University which focuses on UAS training, qualifications, and processes involving the safe and efficient operation of UAS in the NAS.

In consideration of the foregoing, Auburn University's Petition for Exemption provides

the FAA with more than adequa te justification for granting of the requested exemptions allowing Auburn University to perform commercial operations as part of Auburn University's Flight Instruction Program.

Should you have any questions, or if you need additional information to support the requested exemptions, please contact the undersigned or John McGraw at :

John McGraw Aerospace Consulting, LLC

Phone: 540

- 219

- 1638

Email: john@jmacaerospace.aero

Very truly yours,

/s/ Mark E. McKinnon

_____ Mark E. McKinnon

Matthew J. Clark C

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AttachmentsU.S. Department of Transportation December 3, 2014 Page 18

(The following attached items contain 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 A : Auburn DJI Phantom 2 sUAS Flight Operations Manual

A t t a c h m e n t B : Auburn DJI Phantom 2 sUAS Aircraft Flight Manual

A t t a c h m e n t C : DJI Phantom 2 Vision + User Manual

A t t a c h m e n t D : DJI Smart Flight Battery Safety Guidelines

A t t a c h m e n t E : Phantom 2 Vision + Quick Start Guide

A t t a c h m e n t F : Phantom 2 Vision + Pilot Training Guide