Dep artment of Wildlife Ecology and Conservation

Fort Lauderdale Research and Education Center

_____________________________________________________________________________________ _____________

1 3205 College Avenue Davie, Florida 33315 Tel. ( 305 ) 793

- 1535 sceliog@yahoo.com

July 2 8 , 2015

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act), and 14 C.F.R. Part 11, the University of Florida operating a Small Unmanned Aircraft System (sUAS) equipped to

conduct aerial photo graphy and survey , hereby submits a petition for an exemption from the Federal Aviation Regulations (FARs)

, listed below

, to allow the commercial operation of sUAS in airspace regulated by the Federal Aviation Administration (FAA) for the purposes of condu cting wildlife surveys and ecological research.

Regulations from which the exemption is requested:

14 C.F.R. Part 21 Subpart H 14 C.F.R. 45.23 (b) 14 C.F.R. 91.7 (a) 14 C.F.R. 91.9 (b) (2)

14 C.F.R. 91.109

14 C.F.R. 91.119

14 C.F.R. 91.121

14 C.F .R. 91.1 51 14 C.F.R. 91.203 (a) & (b) 14 C.F.R. (91.401

- 91.417)

University of Florida professor Dr. Frank J. Mazzotti’s lab, based out of the Fort Lauderdale Research and Education Center (FLREC), has been conduct ing long

- term, applied research and monitoring f ocused on crocodilians, invasive reptiles, threatened and endangered species for over 30 years. Much of this work is done in collaboration with federal, state, local, and tribal agencies, providing scientific support for Everglades

restoration. O ver the ye ars, aerial operations involving both fixed

- wing aircraft and helicopters have been

necessary , due to the inaccessibility of much of the Everglades, in order to track radio

- tagged animals, recapture those individuals, and locate new nesting sites of the th reatened American Crocodile.

The incorporation of unmanned aerial systems into these research projects would greatly advance their

progress by reducing both costs and risks to personnel associated with manned flights in remote areas. The ability of a sUAS to fly slowly, quietly, maneuver through multiple axes simultaneously, and hover makes it an excellent tool for wildlife detection while minimizing disturbance to target and non

- target species in ecologically sensitive areas.

In order to continue monitor ing the threatened American Crocodile population of South Florida, it is vital to continue to assess annual nesting success in critical areas of their range. Additionally, new hatchlings are tagged and released each year in order to collect growth and surv ival data throughout their lifetimes. These projects have been critical in assessing the effects of Everglades restoration projects. Initially, a sUAS will be used to locate new crocodile nesting sites in coastal areas of Florida Bay in Everglades National Park. Traditionally, sites have been located by manned aircraft engaging in low level reconnaissance flight followed2 by confirmation on the ground. The use of sUAS would al low researchers to survey small islands and coastal mangrove habitat without the ri sks to life, property, and environment associated with low

- level manned flights. Possible nest sites could then also be immediately confirmed as biologists would already be on the ground. The drastically reduced costs of such an operation, when compared to manned flights followed by ground

- truthing

missions , would greatly extend the productivity of federal grant dollars that fund these projects. Representatives

of the National Park Service have shown interest in permitting these sUAS operations pending a le tter of

authorization from the FAA.

We are petitioning for exemption to enable the University of Florida to operate a DJI Phantom 2

Vision + equipped with a three

- axis g imbal and c amera

. Th is sUAV has a bu ilt

- in capability to limit the height

it flies abo ve the ground, to limit the radius of the distance it flies from the operator and to exclude it from Class B, C and D airspace including a no fly zone feature. The Phantom 2 Vision + also has the “Failsafe” function of

the DJI Naza

- M V2 Flight Control system which automatically triggers a “Return Home” flight sequence, returning the sUAV to either a predetermined “Home” point if the communication between the craft and the

Remote Controller is disconnected . Additionally, the Phantom 2 Vision+ automatically ent ers a descent in the unlikely event of a loss of communication w ith the Remote Controller a nd GPS signal

. This sUAV is also equipped with the DJI smart battery which adjusts low and critical battery life warnings by factor ing in distance

and altitude from the Home Point to prevent complete drainage of the battery in flight

. The low battery life warning prompts the pilot with the option to immediately activate the “Return Home” sequence.

Operations will not deviate from the Federal Aviation Regulations exce pt where specific exemptions are granted by the administrator. Operations will also meet the Model Aircraft Operating Standards as outlined in Section 336 of the FAA Modernization and Reform Act of 2012 and will be conducted within the following

parameters :

• The petitioner will only operate its sUAS in line of sight of a pilot and/or observer and will operate at sites that are a 'sufficient distance' from populated areas within the s terile area described i n the FOPM. Such operations

wil l insure that the s UAS will "not create a hazard to users of the national airspace system or the public." • When flying sUAV within 5 miles of an airport, airport operators will be notified and the operator will give the right of way to avoid flying in the proximity of full

- scale aircraft.

• Flights will be terminated at 25 % batter y power reserve. • The sUAV will be programmed so that it will not be operated at an altitude of no more than 400 feet AGL

. • Minimum crew for each operation will consist of the sUAS Pilot and the V isual Observer

. • The sUAS PIC's (Pilot in Command) will be an FAA certificated airman holding a Commercial License and appropriate medical certificate

.

• The sUAS operated by the petitioner will weigh less than 55 lbs. The Phantom 2 Vision+ weighs 2.7lbs pounds with max payload of 2.97lbs (C amera, lens, and gimbal weights are well below max payload ).

• The sUAV will operate at speeds of no more than 30 knots.

Additionally, the fact that the pilot hold s a FAA Commercial Pilot certificate and is also a wild life biologist demonstrates that he has a high reg ard for safe flight operations, an understanding of the FARs, pre

flight inspections, maintenance and rep air, operations within airspace , and is also aware of potential operational hazards posed to and by w ildlife in the areas of operation

. All operations will be over unpopulated natural areas that constitute the Everglades ecosystem. Operations will be conducted in accordance with rules and permitting requirements by managing agencies such as the National P ark Service, the Florida Fish and Wildlife Conservation Commission, and the South Florida Water Management District. Although, technically, all of these areas are considered public lands, access is in many cases extremely limited due to restrictions by

man agement agencies, habitat/terrain type, and extreme remoteness, which greatly reduce the likelihood of operating within miles of another human being or manmade structure. Given the small size of the sUAS and the3 remote/unpopulated environment over which it will operate, the operations would adhere to the Reform Act's safety requirements.

Under the requested exemption the University of Florida ensures that all operators have completed a small unmanned aircraft systems (UAS) education and training program in cluding all applicable regulations and guidance documents; including aeronautical background information such as charts, NOTAMS and Aircraft Circulars; Radio Communications Procedures; Human Factors and Crew Resource Management; Basic Small UAS Aerodynamic s; Weather factors; Airmanship and Decision

- making and Safe Operating Procedures. We respectfully request exemption under Section 333 to enable the University of Florida to operate efficient, limited, low

- risk commercial sUAV operations for the activities stated respecting at all times the space and privacy of citizens and property while keeping our skies safe. For the administrator’s review, we are also submitting documents provided by the manufacturer, including the Phantom 2 Vision+ User Manual and Pilot ’s Training Guide.

Sincerely

,

Sergio C. Gonzalez

Wildlife Biologist/Commercial Pilot4 EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY

The University of Florida requests an exemption by the Federal Aviation Administration from the following regulations

, as well as any additional regulations that the administrator may deem necessary for the operation of

thi s sUAV System:

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of airworthiness certificates as required by FAR §91.203 (a) (1). Given the size and operating area associated with

the aircraft to be utilized by the a pplicant, an exemption from Part 21 Subpart H meets the requirements of an equivalent level of safety under Part 11 and Section 333 of the Reform Act. The Federal Aviation Act (49 U.S.C.§44701 (f)) and Section 333 of the Reform Act both authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration of the size, weight, speed, operational capability, and proximity to airports and popula ted areas of the particular UAS.

Manned aircraft conducting aerial wildlife surveys weigh thousands of pounds and are operated by onboard pilots, crewmembers, and biologist observers. The sUAS to be operated hereunder (DJI Phantom 2 Vision+) is

less than 6 lbs. fully loaded, carries neither a pilot nor passenger, carries no explosive materials or flammable liquid fuels. Max speed is 29 knots

. The limited wei ght and the fact that the pilot in command (PIC) and visual

observer (VO) are remotely located, sign ificantly reduce the potential for harm to participating and nonparticipating persons or property in the event of an incident or accident.

O perations under this exemption will be tightly controlled and monitored by the operator adhering to the FARs

and an y conditions mandated by the FAA. Operations will also adhere to the requirements of applicable state and federal agency research permits, as well as with local public safety requirements. All operations will be conducted over unpopulated and at least 5 mi les from any airport. The FAA will have advance notice of all operations. Lastly, application of the above criteria demonstrates that there is no credible threat to national security posed by the s UAS, due to its size, speed of operation, location of opera tion, lack of explosive materials or flammable liquid fuels, and inability to carry a substantial external load. The elimination of the risk of fuel spillage or fire in the event of an accident also protects the ecologically sensitive areas in which work

w ould be conducted.

Th e s UAS has the capability to operate safely after experiencing certain potential in

- flight failures and uses an autopilot system to maintain stability and control. It is also able to respond with a pre

- programmed automated flight sequ ence in the case of a lost link or lost GPS event. This mitigates the risk of possible command and

control link failures. The DJI smart battery incorporates distance from a predetermined “Home Point” in determining low and critical battery levels to preven t loss of power in flight. It can be automatically r eturned to

the Home Point at low batter y levels. Further, in the event that remaining battery life is insufficient to return to predetermined “Home” point, the Phantom 2 Vision+ will automatically enter a controlled descent to land.

Given the size, weight, operating limitations, and safety features of the sUAS to be used, we believe that the UAS operated without an airworthiness certificate , in unpopulated areas and under the conditions proposed will

be at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an

airworthiness certificate without the restri ctions and conditions proposed.5 14 CFR 45.23 Display of marks; general

These regulations provide that each aircraft must display "N" and the aircraft's registration number in letters at least 3 inches high. Additionally, the aircraft must display the word "EXPERIMENTAL" in letters at least 2 inches high near the entrance to the cabin, cockpit, or pilot station

.

Exemption from §45.23(b) is being requested until exemption from 14 CFR § 21.191 is granted, after which the petitioner realizes that 14 CFR 45.23 (b) would not be applicable. The sUAV does not have an entrance in which

the wo rd "EXPERIMENTAL" can be pla ced. We propose to achieve an equivalent level of safety by including

the word “ EXPERIMENTAL" in the placard on the top of the aircraft, where the PIC, VO and others in the vicinity of the aircraft while it is preparing for launch will be able to see the d esignation

. The sUAS will be identified by serial number, regist ered in accordance with 14 CFR P art 47, and have identification (N

- Number)

mark ings in accordance with 14 CFR P art 45, Subpart C.

14 CFR 91.7 (a) Prohibits the Operation of an aircraft without an airworthiness certificate.

Exemption from this regulation is being requested until exemption from 14 CFR Part 21 Subpart H is granted,

where

- after no such certificate would be applicable . Currently the sUAV in question is not certificated under 14

CFR Part 21.

14 CFR 91.9 (b)(2) Civil aircraft flight manual, marking, and placard requirements.

This regulation provides that no person may operate an aircraft unless a current, approved flight manual is in the

aircraft. Because the intent of this requireme nt is to have the flight manual available to crew in flight, there is no internal compartment, and there is no crew on board the sUAS, we request exemption from this regulation. In order to meet the intent of §91.9, the approved sUAS flight manual will be available to crew at the base station during all operations.

14 CFR 91.109 Flight Instruction; Simulated instrument flight and certain flight t ests

.

The regulation states that "No person may operate a civil aircraft that is being used for flight instruc tion unless that aircraft has fully functioning dual controls." The sUAS System ground

- based control station consists of a

small hand

- held radio transmitter that does not offer a second set of "controls" . The petitioner believes that an equivalent level of safety can be maintained in light of the fact that the aircraft is unmanned and risk of injury to

either student or instructor is minimal. Dedicated training sessions , following the manufacturers training guide, and experience

- building flights prior to ac tive operations will be conducted while maintaining appropriate

distances from non

- participants in accordance with 14 CFR §91.119. Training and relevant currency requirements will be logged and made available to the Administrator upon request.

91.119 Mini mum safe altitudes: General.

The regulation states that over sparsely populated areas the aircraft cannot be operated closer than 500 feet to any person, vessel, vehicle, or structure. The typical mission of the sUAS would include aerial survey, photogra phy, and videography, of wildlife over wilderness or unpopulated areas. In the event that such operations require flight near or over manmade structures, specific permissions will be obtained from property owners ( i.e. : management agency ) and pertinent saf ety precautions shall be coordinated before such flights. The

aircraft will still be operated at a n a ltitude allowing an emergency landing without undue hazard to persons or property on the surface. D ue to the small size of the s UAS, the hazard to persons, vehicles and structures is6 minimal compared to manned aircraft, which should be considered in granting the exemption. A 500 foot clearance buffer will be maintained from any non

- participating persons or vessels

.

14 CFR § 91.121 Altimeter settings

.

The re gulation requires that aircraft shall maintain cruising altitudes by reference to an altimeter setting

available within 100 NM of the aircraft. The altimeter setting is not adjustable on the sUAS (barometrically or otherwise). Therefore, the petitioner req uests exemption from this rule. The sUAS uses a non

- adjustable

barometric altimeter measurement above the takeoff point (ground level) that is transmitted via radio from the

sUAS on

- board computer to the display screen held by the PIC, providing a constant ly updated AGL readout.

The sUAS will always fly below 400 feet AGL and will not need to maintain cruising altitudes in order to prevent conflict with other aircraft. This should be sufficient to obtain an equivalent level of safety as provided by §91.121

.

14 CFR § 91.151 Fuel requirements for flight in VFR conditions.

The regulation provides that no person may begin a f light in an airplane under day

- V FR conditions unless there is enough fuel to fly to the first point of intended landing and to fly after t hat for at least 30 minutes. T he intention of this paragraph is to provide an energy reserve as a safety buffer for delays to landing. The sUAV is battery operated and will never fly more than .5 NM (or 1NM with a range extender) from the operating station

. The maximum duration of flight from a single battery charge is approximately 15 minutes with a 25% reserve. Given the limited range and operating time of the sUAV, a full battery charge at launch will ensure that the intended reserve energy requirement o f this paragraph is met. In order to maintain an equivalent level of safety if exemption from 14 CFR §91.151 is granted , the sUAV will be operated as such that it will return to the intended landing site with not less than 25% remaining battery power

.

14 CFR § 91.203(a) & (b) Civil aircraft: Certifications required.

The regulation provides that an airworthiness certificate, a registration certific ate must be aboard the aircraft.

The airworthiness certificate must be "displayed at the cabin or cockpit entr ance so that it is legible to

passengers or crew. At a maximum gross weight of 5.7 pounds, the sUAS is too small to carry documentation, does not have an entrance, and is not capable o f carrying passengers or crew. As an alternative means of meeting the in tent of 91.203, we propose that documents deemed appropriate for this aircraft by the FAA will

be co

- located with the crew at the ground control station and available for inspection upon request. The sUAS will be identified by serial number, registered in accordance with 14 CFR part 47, and have identification (N

Number) markings in accordance with 14 CFR part 45, Subpart C.

14 CFR Subpart E (91.401

- 91.417) Maintenance, Preventive Maintenance, Alterations

The regulation provides that the operator is prim arily responsible for maintaining the aircraft in an airworthy condition, including compliance with part 39 and 43. Paragraphs 91.407 and 91.409 require that the aircraft be "approved for return to service by a person authorized under 43.7" after maintenan ce and inspection. It is our intention that the PIC perform maintenance and inspection of the aircraft and be authorized to approve the

aircraft for return to service

. The PIC will ensure that the aircraft is in an airworthy condit ion prior to every flight . Maintenance performed by the PIC is limited to repairing small cracks, replacing a propeller, checking

electrical connections and updating software and firmware for the on

- board computer. All other maintenance

will be performed by the manufacturer or the ir designated repair facility. The PIC will document work performed in accordance with § 91.417. D ue to the size, construction, and simplicity of the aircraft, the PIC can ensure an equivalent level of safety.