August 19 , 2015

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

Re: Petition of College of Tropical Agriculture and Human Resources, for an Exemption Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012

To Whom It May Concern :

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 ("Reform Act") and 14 C.F.R. Part 11, the College of Tropical Agriculture and Human Resources (" CTAHR ") at the Universit y of Hawaii at Manoa 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 CTAHR's agricultura l and environmental aerial data collection

.

This exemption is made based on information outlined in this Petition for Exemption, as

well as the accompanying CTAHR 's UAS Flight Operation Manual (referred to as "CTAHR's Operation Manual") , IRIS+ Operation Manual, IRIS+ Flight Checklist, 3DR Radio Manual, Failsafe Overview, and IRIS+ Safety (collectively referred to as "Manufacturer's Manuals").For your convenience, this Petition is organized as follows:

I. Description of Petitioner II. Description of Proposed Operation III. Relevant Statutory Authority

IV. CTAHR'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 i s Warranted Based on the Operational Restrictions Set Forth in the CTAHR Operation 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 Registration 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: Min imum Safe Altitudes I. 14 C.F.R. § 91.121: Altimeter Settings J. 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions K. 14 C.F.R. § 91.405(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 and

Limitations

VI. Public Interest VII. Privacy VIII. Federal Register Summary

IV. ConclusionI. DESCRIPTION OF P ETITIONER

The College of Tropical Agriculture and Human Resources ("CTAHR") creates and delivers knowledge that supports and strengthens families, agricultural and food systems, and the natural environment. We educate and serve the people of Hawai‘i and those from around the world with integrity and excellence

.

CTAHR provides exceptional education, research, and extension programs in tropical agriculture and food systems, family and consumer science, and natural resource management for Hawai‘i and the international community. We cultivate innovative scientifi c inquiry, solve real world challenges, and provide experiential learning in an interdisciplinary setting with global impacts. As part of this vision, CTAHR seeks an exemption for commercial operations of

small UAS to conduct agricultural and environmental aerial data collection.

Submission of this petition has been approved by Dr. J. Kenneth Grace, Associate Dean and Associate Director for Research, CTAHR.

In accordance with 14 C.F.R. § 11.81(a), CTAHR provides the following information in support of i ts Petition for Exemption.

The contact information for Petitioner is as follows: Roberto Rodriguez III

Research Assistant Department of Molecular Biosciences and Biological Engineering College of Tropical Agriculture and Human Resources, University of Hawaii at Manoa

1955 East

- West Road, Agricultural Science Building 218
Honolulu, HI 96822 Phone: ( 727) 415

- 6712

Fax: (808) 956

- 3542

Web: www.ctahr.hawaii.edu

Email: roberto6@hawaii.edu

II. DESCRIPTION PROPOSED O PERA TION

CTAHR intends to perform agricu ltural and environmental aerial data collection making use of UAS. All UAS aerial data collection activities will occur under tightly controlled conditions on property that is more than five nautical miles from any airport and is owned and controlled by CT AHR or State, Federal or privately held land subject to the restrictions with respect to distance away from people and inhabited buildings, and with the written authorization of the respective agency or landowner

.

CTAHR will serve students, faculty, federal, state and local governments, and the agricultural industry as a whole by pioneering UAS agricultural and environmental aerial data collection programs, enhancing the relationship between researchers and industry , and collaborating with other academic institutions.III. RELEVANT STATUTORY 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 direct ed 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 i s safe to do so based on the following

considerations:

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

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

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

Additionally, the FAA Administrator has general authority to grant exemptions from the agency's safety regulations and minimum standards when the Administrator decides a requested exempti on is in the public interest. S ee 49 U.S.C. § 106(f) (defi ning the authority of the Administrator); 49 U.S.C. § 44701(f) (permitting exemptio ns from §§ 44701(a), (b) and §§

44702

- 44716, et seq. ). A party requesting an exemption must e xplain 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 ee 14 C.F.R. § 11.81 (petitions for exemption).

IV. CTAHR'S PROPOSED UAS OPERATIONS MEET THE REQUIREMENTS OF

SECTION 333 OF THE REFORM ACT

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

factors are satisfied.

A. Approval is Warranted Based on the U AS's Size, Weight, Speed, and Operational Capability

CTAHR will employ the IRIS+ quadcopter for the operations described in this Petition for Exemption. This UAS has a maximum take

- off weight of less than 4 pounds. The flight speed

is limited to a maximu m of 33.5 miles per hour, and it will not be flown at an altitude that

exceeds 400 feet AGL. All flights will be flown in such a way that they can be safely terminated with a reserve battery power of 25% of the battery's maximum charge. The IRIS+ does not carry any flammable propellant or fuel. The UAS also has an integrated GPS system 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 conne ction to the remote control is lost, and this system permits the UAS to return to a predetermined location and land without injury or damage.

B. Approval is Warranted Based on the Operational Restrictions Set Forth in CTAHR's Oper a tion Manuals

Together, CTAHR's Operation Manual and the Manufacturer's Manuals contain all of theprocedures and limitations necessary to successfully perform the operations specified in this

Petition for Exemption. To assist the FAA in making a safety assessment of CTAHR's pro posed operations, below is a summary of operational limitations and conditions which will ensure an equivalent or higher level of safety to operations conducted under current regulatory guidelines:

1. The UAS weighs 4 pounds or 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 4 00 feet AGL and will not be

c onducted within navigable controlled 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 ins pection unless permission has been received and appropriate waivers have been signed by the persons or property owners in advance.

6. Flights will be limited to a speed of 35 mph and vertical ascent will be limited to 15 mph.

7. The UAS will be operated and main tained in 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. CTAHR 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 city jurisdictions, including loc al 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. Contingency plans wi ll 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 hav e a Class II Medical Certificate.

15. All UAS operations will occur in daylight, Visual Flight Recognition ("VFR") conditions. IFR flights are prohibited and no flights will occur at night, or in adverse weather

conditions.

16. The UAS will be controlled by (1) th e FlySky FS

- TH9X Digital Proportional Remote Control System and/or (2) a ground station running APM Mission Planner communicating using a 3DR Radio and the radio frequency spectrum used for operation and control of the UA shall comply with the Federal Comm unications Commission ("FCC") or other appropriate government oversight agency requirements.

V. REGULATIONS FROM WHICH EXEMPTION IS SOUGHT

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 definedunder § 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

CTAHR see ks an exemption from several interrelated provisions of 14 C.F.R. Parts 21, 45, 61 and 91 for purposes of conducting the requested operations using UAS. Listed below are: (1) the specific sections of 14 C.F.R. for which exemption is sought, and; (2) the op erating 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. 14 C.F.R. Part 21, Subpart H

- Airworthiness Certificates and 14 C.F.R. § 91.203(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 equivalent level of safety when compared to aircraft normally used for the same application. These criteria are met, and therefore no exemption is needed . See Grant of Exemption to Astraeus Aerial, Docket No. FAA

- 2014

- 0352 at 13

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

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

Equivalent Level of Safety

The UASs selected by CTAHR are safe when taking into account their size, weight, speed, and operational capability. As set forth in Section IV(B), supra , the UAS weighs less than

4 poun ds and will be flown at less than 33.5 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 the parameters sta ted in CTAHR's Operation Manual.

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 the area of operation. CTAHR will also provide the FAA with advance notice of all operations via NOTAMS. In all cases, the UAS operated under the proposed conditions, will be at least as safe as, or safer than conventional rotorcraft operating

with an airworthiness certificate w ithout the restrictions and conditions of the proposed UAS operations.

Further, the UAS does not need a means to communicate with other aircraft or ATC, because those capabilities will be possessed by the PIC and Observer, who are not onboard the

UAS. See 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. Id.

1 See 49 U.S.C. § 44701(f) (authorizing the grant of exemptions from requirements of regulations prescribed pursuant to Sections 44701(a) and (b) and Sections 44702

- 44716).

2 See 14 C.F.R. § 11.81(e), which requires a petition for exemption to include: The reasons why granting the exemption would not adversely affect safety, or how the exemption would provide a level of safety at least equal to that provided by the rule from which you seek exemptionB. 14 C.F.R. Part 27 Airworthiness Standards: Normal Category Rotorcraft

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

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

Inasmuch as there will be no airworthiness certificate issued for the UAS that the

Pe titioner intends to use, CTAHR 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 requi rements of Part 21 are waived or found inapplicable. S ee Grant of Exemption to Astraeus Aerial, Docket No. FAA

2014

- 0352 at 13

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

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 Registration

Pursuant to 14 C.F.R. § 91.9(b)(2):

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

- registered civil airc raft

... (2) For which an Airplane or Rotorcraft Flight Manual 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 an y combination thereof.

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

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

(1) An appropriate and current airworthiness certificate

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

passengers or crew.

Given the small size and 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. Also the UAS has no cabin or cockpit.

Equivalent Level of SafetyIn a n 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 required documents from the ground control station from which he or she is operating the aircraft. As this FAA Office of Chief Counsel Opinion clarifies, the intent of the rule is to ensure the pilot has access to these key documents during flight. Therefore, an equivalent level of safety will be achieved be ensuring that the pilot has access to the documents at the ground control station from which he or she is piloting the UAS.

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

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

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

No person may operate a U.S.

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

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

When marks include only the Roman capital letter "N" and the registration number is displayed on limited, restricted or light

- sport category aircraft or experimental or provisionally certificated aircraft, the operator must also display on that aircraft ne ar each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor more than 6 inches high, the words "limited," "restricted," "light

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

 14 C.F.R. § 45.27(a), Rotorcraft, sta tes:

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 requireme nts 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.

Equivalent Level of Safety

CTAHR will mark a ll UASs with their N

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

F. 14 C.F.R. § 91.103: Preflight ActionCTAHR 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 aircraft. 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

- app roved Flight Manual is required.

Equivalent Level of Safety

An equivalent level of safety will be provided by following CTAHR's Operation Manual

and the Manufacturer's Manuals. The PIC will perform a series of checklists in accordance with CTAHR's Opera tion Manual, including checklists covering Pre

- Flight, Launch, Landing, After Landing, and 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. CTAHR's Operation Manual 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.

G. 1 4 C.F.R. § 91.109(a): Flight Instruction

CTAHR 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 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. A ccordingly, an exemption will be required for the flight instruction requirements of 14 C.F.R. § 91.109(a).

Equivalent Level of Safety

Given the size and speed of the UAS that CTAHR intends to use, an equivalent level of safe training can still be performed without dual controls because no pilot or passengers are aboard the UAS, and as required by CTAHR's Operation Manual, all persons will be a safe distance away in the event that the UAS experiences any difficulties during flight instruction.

Moreo ver, Petitioner will conduct training in a controlled and sterile environment. As required by CTAHR's Operation Manual, training and instruction will be conducted in a sterile area on property that is owned and controlled by CTAHR. These facilities will no t be open to the public during UAS operations, and access will be restricted to authorized CTHAR personnel.

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

CTAHR requests an exemption from the minimum safe altitude requirements of 14 C.F.R. § 91.119. Sec tion 91.119 prescribes the minimum safe altitudes under which aircraft may not operate, including 500 feet above the surface and away from any person, vessel, vehicle, or

structure in non

- congested areas. S ee 14 C.F.R. § 91.119(c). Section 91.119(d) allows for a helicopter to operate at less than those minimum altitudes when it can be operated "without

3 See pages 14

- 15 CT AH R Operation Manualhazard to persons or property on the surface," provided that "each person operating the helicopter

complies with any routes or altitudes specifically prescri bed 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 operations, the PIC and/or Observer(s), may at times be less than 500 feet awa y from the UAS.

Equivalent Level of Safety

Compared to flight operations with rotorcraft weighing far more than the maximum weights proposed herein, and given the lack of flammable fuel with the UASs, any risk associated with these operations is far les s than those that presently exist with conventional aircraft. An equivalent level of safety will be achieved given the size, weight, and speed of the UASs, as well the controlled and sterile location where the operations will occur. In order to avoid any r isk to manned aircraft, flight operations will be restricted to 400 feet AGL or below.

As set forth in CTAHR's Operation Manual, the UASs will be operated in a restricted area that is owned or controlled by CTAHR or State, Federal or privately held land subject to the restrictions above with respect to distance away from people and inhabited buildings, and with the written authorization of the respective agency or landowner . These restrictions will ensure that the proposed UAS operations are performed in a manner that protects the safety of participants, non

- participants, the UAS and other property.

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

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

Equivalent Level of Safety

The FAA has stated that an equivalent 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 visu al line

- of

- sight, (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

reference altitude at the initiation point is established for the PIC to confirm a ccuracy of the onboard GPS.See Grant of Exemption to Astraeus Aerial, Docket No. FAA

- 2014

- 0352 at 21.

As the attached CTAHR Operation Manual and Manufacturer's Manuals demonstrate, the UASs CTAHR intends to use meet these requirements. Moreover, CTAHR's Operation

Manual includes GPS and IMU calibration procedures that must be performed prior to each flight. Like Astraeus Aerial's petition for exemption, the UASs CTAHR intends to use, and the safety procedures contained in CTAHR Operation Manual, both ensure that an equivalent levelof safety will be achieved, and a grant of exemption to the requirements of § 191.121 is therefore

appropriate.

J. 14 C.F.R. § 91.151(a): Fuel Requiremen ts for Flight in VFR Conditions

CTAHR requests an exemption from 14 C.F.R. § 91.151(a)'s fuel requirements for flight

in VFR conditions. Section 91.151 states:

(a) No person may begin a flight in an airplane under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing and, assuming normal 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 m inutes.

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 requirements of 14 C.F.R. § 91.151(a) is therefor e required.

Equivalent Level of Safety

The FAA has stated that an equivalent level of safety can be achieved by requiring that each UAS operation be completed within 30 minutes flight time or with 25% battery power remaining, whichever occurs first. See Grant of Exemption to Astraeus Aerial, Do cket No. FAA

2014

- 0352. CTAHR's Operation Manual include a similar restriction which requires UAS flight operations to be terminated once 25% battery power reserve is reached.

The UAS that CTAHR intends to use has a low battery capacity warning system.

T elemetry data is downlinked from the UA to the ground control station which will alert the PIC when remaining battery power drops below 30%. Consistent with the procedures in CTAHR's Operation Manual, the PIC will promptly fly the UA back to the home launc h location or pre

determined abort location where the UA may safely land. Together, the safety procedures required in CTAHR's Operation Manual, 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.

K. 14 C.F.R. § 91.405(a), 91.407(a)(1), 91.409(a) (1) and (2) ; 91.417(a) and (b): Maintenance & Inspections

CTAHR seeks an exemption from the maintenance inspection requirements contained in 14 C.F.R. § 91.405(a), 91.407(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. See, e.g., 14 C.F.R. § 91.405(a) (stating that each owner or operator of an aircraft "[s]hall have the aircraft inspected as prescribed in subpart E of this part and shall between required inspections...have discrepancies repaired as prescribed in Part 43 of this chapter"). An exemption from theseregulations is needed because Part 43 and these se ctions only apply to aircraft with an

airworthiness certificate, which the UAS CTAHR intends to use will not have.

Equivalent Level of Safety

An equivalent level of safety will be achieved because maintenance and inspections will be performed in accorda nce with the Manufacturer's Manuals and any applicable manufacturer Safety Bulletins. Further, as required by CTAHR's Operation Manual, flights will not be conducted unless a pre

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

been completed. CTAHR's Operation Manual also contains recordkeeping requirements for routine, interval and post

- flight maintenance. As a whole, the maintenance and inspection procedures required in CTAHR's Operation Manual ensure that an equivalent or higher l evel of safety will be achieved.

L. 14 C.F.R. Part 61, 14 C.F.R. § 61.3, 14 C.F.R. § 61.315: What are the privileges and limits of my sport pilot certificate?

CTAHR will require that its pilots to have, at minimum, a sport pilot's license. CTAHR

seeks exemption from 14 CFR Part 61, including 14 CFR § 61.3 to the extent that these regulations are interpreted as requiring a pilot to have a Private Pilot C ertificate. To the extent

that CTAHR wi ll be employing pilots who have, at minimum, a Sport Pilot Cert ificate to operate its UAS an exemption is also sought from 14 C.F.R § 61.315, which restricts S port Pilot

C ertificate holders from flying aircraft for compensation or hire. The purpose of this section is to ensure the skill and competency of any PIC where the aircraft is carrying passengers or cargo for hire. In this case, while pilots will be operating UASs for a commercial purpose as part of agricultural and environmental aerial data collection , the UASs carry neither passengers nor cargo. Moreover, in t he 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 restrictions attendant with requiring the PIC t o have a Commercial Pilot Certificate.

Equivalent Level of Safety

CTAHR will ensure an equivalent level of safety to the regulatory requirements of 14
C.F.R. Part 61, includ ing 14 C.F.R. §§ 61.3 and 61.315 by following the safety procedures provided in CTAHR's Operation Manual. CTAHR 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 CTAHR's Operation Manual, 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 will be flown based on VLOS at 400 feet AGL or below. CTAHR will also file a NOTAM with the appropriate ATC facility between 48 and 72 hours before the flight is to occur. Collectively, these procedures ensure that the proposed UAS operations can be conducted safely.

VI. P UBLIC INTERESTThe public interest will be served by granting CTAHR's Petition for Exemption.

Congress has established a national policy that favors early integration of UAS into the National Airspace System ("NAS") in controlled, safe working environments such as those

prop osed in this Petition. 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 complet ion of the rulemaking required under Section 332 of the Reform Act.

The proposed UAS operations in this Petition for Exemption will benefit students, faculty, federal, state and local governments, and the agricultural industry as a whole by pioneering UA S agricultural and environmental aerial data collection programs, enhancing the relationship between researchers and industry, and collaborating with other academic institutions. The public

as a whole will benefit from the aerial data collection conducted to develop and test new agricultural, computational, biological, ecological, che mical, and genetic technologies

.

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 manned

aircraft

.

VII. P RIVACY

All CTAHR UAS operations shall be conducted in accordance with applicable federal, state, or local laws regarding privacy. CTAHR 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, CTAHR will not capture or use images from neighboring properties within the vicinity of UAS flight operations.

VIII. F EDERAL REGISTER SUMMARY

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

FEDERAL REGISTER , should it be determined that publication is needed:

Petitioner seeks an exemption from the following sections in Title 14 of the Code of Federal Regulations:

Part 21, Subpart H; Part 27; 45.23(b); 45.27(a); 61.3; 61.315 ; 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 aerial data collection with

conventional fixed

- wing aircraft, rotorcraft, or other methods.

IV. C ONCLUSIONCTAHR'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 areas, operation within visual line

- of

- sight and national security. The proposed UAS operations will benefit the public as a whole by developing and testing new agricultural, computational, biological, ecological, chemical, and genetic technologies.

In consideration of the foregoing, CTAHR's Petition for Exemption provides the FAA with more than adequate justification for granting of the request ed exemptions allowing CTAHR to perform commercial operations as part of CTAHR's agricultural and environmental

aerial data collection

.

Should you have any questions, or if you need additional information to support the requested exemptions, please conta ct the undersigned.

Very truly yours, /s/ Roberto Rodriguez III Roberto Rodriguez III

PetitionerAttachments

Attachment A: CTAHR sUAS Flight Operation Manual Attachment B: IRIS+ Operation Manual Attachment C: IRIS+ Flight Checklist

Attachment D: 3DR Ra dio Manual

Attachment E: Failsafe Overview Attachment F: IRIS+ Safety