Department of Technology /Aviation

1704 Weeksville Road | Elizabeth City, NC 27909

Phone: 252.335. 3439 | Fax: 252.335.3760

www.ecsu.edu

December 2 2 , 2015 Department of Technology/Aviation Elizabeth City State University

Dixon

- Patterson Hall

1704 Weeksville Rd Elizabeth City, NC 27909

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

Re: Exemption Request under Section 333 of the FAA Modernization and Reform Act

and 14 C.F.R. Part 11

Dear Sir/ Madam:

Pursuant to Section 333 of the FAA Modernizat ion and Reform Act of 2012 (the Reform Act)

and 14 C.F.R. Part 11, Elizabeth City State University

– Department of Technology ( Petitioner ), seeks an exemption from the Federal Aviation Regulations (FARs) listed and discussed in Appendix A in order to allow for the operation of small Unmanned Aircraft System (UAS) under the conditions and limitations set forth in this application for Petition.

The requested exemption would permit the Petitioner to safely, efficiently and economically

utilize a UAS within th e National Airspace System (NAS) for research operations conducted within and under the conditions outlined in this Petition or as established by the FAA as required by Section 333.

The requested exemption would authorize the Petitioner to conduct scientific research utilizing

UAS that will provide the following benefits to the public:

1. Application of UAS to acquire aerial imagery in support of precision agriculture, natural resource monitoring, and other university research projects.

2. Application of UAS shall reduce risk, both direct and indirect, in areas where terrain or subject matter is inaccessible , inhospitable, hazardous and unsafe to enter, or may cause undue injury or loss of life.

3. UAS operations at low altitudes (< 400 ft. AG L) provide high

- resolution imagery that cannot be acquired with manned aircraft without compromising safety and adding excessive levels of risk to life and property.2

4. UAS options for collecting imagery and data result in increased efficiencies that directl y influence and benefit agriculture, natural resources monitoring, and scientific research.

5. Research using UAS can obtain data products, which will directly influence and improve efficiencies within several applications. This has the potential of enhancin g productivity while providing benefits to research, industry, and the general public.

The name and address of the Petitioner is:

Elizabeth City State University Attn: Kuldeep S. Rawat , Ph.D. Department of Technology /Aviation Telephone: (252) 335

- 3846

Fa x: (252) 335

- 3760

Email: ksrawat@ecsu.edu

Address: 1704 Weeksville Road Elizabeth City, NC 27909

S igned:3 STATEMENT OF BACKGROUND AND PUBLIC BENEFIT

Elizabeth City State University, located in Elizabeth City, North Carolina, is a Historically Black College and University (HBCU) and one of the 16 constituent members of University of North Carolina (UNC) system. Founded in 1891, Elizabeth City State Univ ersity (ECSU) is a critically important educational and cultural resource for Northeastern North Carolina. Beyond our role in education, we are the third largest employer in the region. Based on recent economic studies, ECSU’s economic impact on the local community included: $118 million in output sales, $83 million in value added (gross regional product), and $59 million in labor income.

ECSU offers the state’s only four

- year collegiate aviation program. Estab lished initially in 1989 as a minor in Airway Science, sponsored by the Federal Aviation Administration (FAA) as an initiative to increase diversity within the FAA and aerospace industries. In 2002, the Airway

Science minor was expanded and became the Aviation Science Program rewarding its graduates

with a B.S. degree in Aviation Science. Today, the Elizabeth City State University Aviation Science Program lauds over 25 years of progress and success that has placed numerous competitive graduates within the aviation/aerospace industry.

ECSU’s Departmen t of Technology is the parent department for the Aviation Science program. The degree program offers specialization in Flight Education/Professional Pilot, Aviation Management, Air Traffic Control, Aviation Electronics (Avionics). ECSU houses the Center fo r Excellence in Remote Sensing E ducation and Research (CERSER) and the Center for Computational Science

- Sc ientific Visualization (CCSV). The se Scientific Research and

Education Center s specializ es in interdisciplinar y approach to research, problem

- solving and visually displaying of data in the mathematical sciences, natural sciences and technological applications.

Unmanned Aircraft System ( UAS ) operations would prove beneficial to a vast majority of

research and educational activities for ECSU programs. With the vast amo unt of farmland in the region, UAS operations, in collaboration with participating farm land owners, will provide public benefit in the Agriculture Industry. Precision Agriculture begins with the collection of data a

farmer can utilize. Such data a ssists the farmer in the health of the crop; the marketable yield, minimize expenses and potential losses from under/over fertilizing problem areas in the field, pesticide control, and develop a trend analysis from year to year. A higher yield per acre, wh ile minimizing expenses, provides a lower cost benefit to the consumer. Such research will be a

win

- win benefit for all, ranging from ECSU’s students and faculty researchers , the agriculture industry, the environment, and ultimately the consumer. Due to th e limited size, speed, weight, and nature of the research missions, to include the geographical locations away from populated areas, ECSU’s use of UAS for research pose minimal risk, if any, to persons or property.

Upon approval of requested exemptions, the Petitioner intends to acquire and provide aerial imagery and data in support of scientific research as they apply to natural resource monitoring and precision agricultural activities. For instance, these will incl ude cropland observations, invasive species monitoring, geologic and geomorphic surveys, forestry, and rangeland health. The application of UAS in these instances has the ability to produce valuable and sustainable data products enhancing industry and publ ic land operations. In time, the specific benefits will4

provide increased crop harvest quality and quantity throughout growing areas where reduced environmental impact, prudent water use, and irrigation are required

.

Elizabeth City State University (ECSU) will perform mission planning, site safety evaluation, and flight operations. All UAS platforms utilized by ECSU will be equipped with the necessary sensor package for the mission. Data and imagery acquired will be analyzed and assembled into a final prod uct. This deliverable will include geospatial products derived from post

- processing techniques of the acquired data and imagery. Such data will be disseminated for further research, journal publications, and for the agriculture and natural resource industr ies awareness of UAS technology and its benefits for civilian applications

.

QUALIFICATION FOR APPROVAL UNDER SECTION 333 OF THE REFORM ACT

The UAS operations proposed in this petition for exemptions qualify for expedited approval

under Section 333 of th e Reform Act. This petition outlines how each statutory criterion as well as other potentially relevant factors is satisfied.

The proposed operations would permit the use of small UAS within the National Airspace (NAS) under controlled operational conditi ons. In many cases, these criteria outlined below will provide a level of safety that could not be achieved using manned fixed wing or rotor aircraft in order to accomplish the same purposes.

Elizabeth City State University

– Department of Technology is p roposing to operate both rotorcraft and fixed wing UAS. Each U nmanned Aircraft (U A ) , including payload weighs less than 25 lbs., and always less than 55 lb s. UAS operations will occur under normal Visual Flight Rules ( VFR ) meteorological conditions at grou nd speeds typically less than 50 knots, and always

less than 87 knots. UA’s are primarily constructed of foam, aluminum, carbon fiber and plastic

materials. UAS flight operation will be performed by qualified UAS Pilot

- in

- Command (PIC)

and Visual Observer (VO), in order to ensure that the UA will “not create a hazard to users of the National Airspace System or the public.” Given the small sizes of the UA, the pre

- planned operation al locations, flight paths, and the required VFR flight conditions, the Petitioner believes that these operations fall directly within or exceed the required level of safety. Under the Reform Act, Congress has endorsed through exemption that the FAA will allow commercial operations of UAS to commence immediately if an appropri ate level of safety is achieved or exceeded.

It is also determined that due to the dimensions and composite materials of the UA, flight paths and operational areas, the VFR conditions in which UAS flights will take place , approval of this petition presen ts no threat to national security. The operation of UAS under these conditions will

serve to guarantee pilot, property, and public safety while adding tangible benefits to industry, the economy, scientific research, and the general public.

Elizabeth City State University

– Departm ent of Technology acting as UAS Pilot

- in

- Command and Visual Observer (VO) agree to the requirements and constraints of these limitations and conditions for conducting commercial operations within the National Airspace System under an FAA issued exemption:5

Pertaining to UAS and UA

1. UA will weigh typically less than 25 lbs., and always less than 55 lbs.

2. UA will operate typically at a maximum speed of no greater than 50 knots, and always

less than 87 knots.

3. UA will operate at or bel ow 400ft AGL.

4. UAS shall not be operated within 5 miles of an airport without prior approval of, and establishing a line of communication for the duration of the flight operations with the controlling authority of that airspace/airport.

5. UA will be operate d within visual line of sight (VLOS) of the PIC and VO(s).

6. UA will follow pre

- determined flight lines over the mission area conducted via automated navigational flight software.

7. UAS will be operated under visibility and cloud clearance requirements equiv alent to Visual Flight Rules (VFR).

8. UAS will be equipped with an autopilot system. UAS will utilize GPS navigation, systematic pre

- flight checks, and failover safety mechanisms as return

- to

- home (RTH),

auto

- land, loiter and flight abort safety features.

Pertaining to Pilots, Visual Observer(s) and Ground Control Station crew

1. Minimum crew for each operation will consist of the UAS Pilot

- in

- Command (PIC), Visual Observer (VO) and/or Ground Control Station (GCS) crew.

2. The UAS pilot will be considered the PIC and be responsible for conducting safe flight operations.

3. PIC, VO(s) and/or GCS crew will have two

- way radio communications established prior to any flight operations.

4. A mandatory safety and mission brief will be conducted, on

- site, in regard to the planned UAS flights. All personnel who will be performing duties within the boundaries of the area of operation will be present for this briefing.

5. The UAS PIC will be trained for the safe operation of the UA to be operated. This will

incl ude operation of the UAS in normal and emergency procedures and will include familiarization with the flight manual (or similar) furnished by the UAS manufacturer. Training will also include basic flight maneuvers, navigational awareness, emergency procedu res, loss of uplink, loss of downlink, loss of GPS and safe flight operations in the vicinity of persons, property and applicable airspace.6

Pertaining to Flight Operations

1. Perform a Risk Assessment Evaluation for site operations and flight conditions befo re each mission.

2. Prior to a UAS flight, an area of operation will be established. This area of operation will

include defined lateral and vertical boundaries, where the UA will operate. Safety procedures will be established for persons, property and appli cable airspace within the area of operation.

3. Flights will be operated in Class G airspace whenever possible. If operation in other airspace is required, the appropriate controlling authority will be notified at least 24 hours prior to the operation and, i f required, any necessary permission obtained.

4. See and Avoid: If at any time the operator see or hears another aircraft and it appears that aircraft may come within one (1) mile of the UA, or it is questionable whether or not it will do so, the PIC shall immediately descend the UA and direct it on a heading toward the designated landing area, or alternate landing area if necessary, until the UA has landed or it is determined the other aircraft has maintained a separation of one (1) mile.

5. The UA shall oper ate from on

- site launch/landing locations directly next to the PIC and

GCS crew. Non

- essential flight operation personnel will be at an appropriate distance away or a minimum of 100 ft. from the operation unless barriers or structures are in place, which m ay sufficiently protect non

- participating persons in case of a UAS

emergency.

6. Flight planning will include flight completion with at least 25% battery power remaining as measured by the UAS or appropriate flight time planning.

7. A Ground Control Station (G CS) will be connected by radio uplink/downlink to the UA during the entire flight operation. Flight information relayed to the PIC will include UA GPS position, altitude, speed, compass heading/bearing, aircraft angle of attack (if applicable), flight time , battery power remaining, and other telemetry information.

8. Written, and/or documented verbal permission from property owners or land management agency will be obtained prior to an operation. All operations shall be conducted over private or controlled

- ac cess property with permission from the property owner/controller or authorized representative. Permission from property owner/controller or authorized representative will be obtained for each flight to be conducted.

In summary, it is the Petitioner’ s beli ef that the size, weight, speed, operating environment, and operating capabiliti es of each UAS will provide an “equivalent level of safety” or better when operating for research and public interest as outlined in Section 333 of the Reform Act. Petitioner appreciates the time and consideration devoted to this request for exemption to permit safe, legal research UAS operations within the NAS.7

Respectfully,

Elizabeth City State University

Attn: Kuldeep S. Rawat , Ph.D. Telephone: (252) 335

- 3846

Email: ksr awat@ecsu.edu

Address: 1704 Weeksville Road Elizabeth City, NC 27909

EXEMPTION IS REQUESTED FROM THE FOLLOWING REGULATIONS

14 C.F.R. Part 21 .................................................................................... Page 9 14 C.F.R. Part 27 ..................................................................................... Page 9

14 C.F.R. 91.203(a) (b) ..........................................................................

.... Page 9

14 C.F.R. 45.23 (a) (b ) ................................................................................Page 11 14 C.F.R. 45.27(a) ............... .................................................................... Page 12 14 C.F.R. 91.7(a) ............................................. ....................................... Page 10 14 C.F.R. 91.9(b)(2).........

..................... ............ ........................................Page 10 14 C.F.R. 91.9(c)......................................................................................Page 11

14 C.F.R. 61 ............... ...........................................................................Page 12

14 C.F.R. 61.3 ............... ........................................................................ Page 12

14 C.F.R. 61.113........

........................................................................... ..... Page 12

14 C.F.R. 61.113(a)(b)...............................................................................Page 13 14 C.F.R. 61.133(a) ......... ........................................................................ Page 13

14 C.F.R. 91.103 ............ ........................................................................ Page 14 14 C.F.R. 91.109(a) ......... ........................................................................ Page 15 14 C.F.R. 91.119(c) ..................

............................................... ................. Page 15

14 C.F.R. 91.121 ........................................................................ ............ Page 16 14 C.F.R. 91.151(a) ................................................................................. Page 16 14 C.F.R. 91.405(a) ......... ........................................................................ Page 17 14 C.F.R. 91.407(a)(1) ... ...........................................................................Page 17 14 C.F.R. 91.409( a)(2) ............ .................................................................. Page 17 14 C.F.R. 91.417(a) ......... .........................................................................Page 17

Appendix A discusses each rule listed above and explains why exemptions pursuant to the proposal set forth in this letter are appropriate while providing an equivalent level of safety and consider the public interest.8 GLOSSARY OF TERMINOLOGY

AGL Above Grou nd Level

AME Aviation Medical Examiner

CFR Code of Federal Regulations

COA Certificate of Authorization

ECSU Elizabeth City State University

FAA Federal Aviation Administration

GCS Ground Control Station

GPS Global Positioning System

NAS National Airspace System

NOTAM Notice to Airmen

PIC Pilot in Command

RTH Return to Home

SOP Standard Operating Procedures

sUAS Small Unmanned Aircraft System

UA Unmanned Aircraft

UAS Unmanned Aircraft System

VFR Visual Flight Rules

VLOS Visual Line of Sight

VO Visual Observe r9 APPENDIX A

EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY

The Petitioner requests an exemption from the following regulations as well as any additional regulations that may technicall y apply to the operation of UAS.

14 CFR PART 21, SUBPART H: Airworthiness Certificates

Section 91.203(a)(1) requires all civil aircraft to have “an appropriate and current airworthiness certificate .” Part 21, Subpart H, entitled Airworthiness Certificates, establishes the applicability and the procedural requireme nts for the issuance of airworthiness certificates as required by FAR § 91.203(a)(1).

With the size of the UA (typically less than 25 lbs., and always less than 55 lbs.) and the limited flight operation areas, it is unnecessary to undergo the certificate of airworthiness process under Part 21 Subpart H to achieve or exceed current levels of safety.

Such an exemption meets the requirements of an equivalent level of safety under Part 11 and

Section 333 of the Reform Act. The Federal Aviation Act and Section 333 of the Reform Act both authorize the FAA to exempt aircraft from the requirement of an airworthiness certificate of the UAS involved upon consideration of the size, weight, speed, operational capability, and proximity to airports and populated areas. These outlined conditions all apply to the UAS considered in this proposed exemption, therefore an airworthiness certificate is not applicable.

The FAA has issued the following exemptions to this regulation; Exemption Nos. 11138, 11062, 11067, 11080, 1111 4, and 11112.

14 CFR Part 27

– Airworthiness Standards: Normal Category Rotorcraft

14 CFR Part 27 sets forth the procedural requirements for airworthiness certification of normal category rotorcraft to the extent petitioner’s UAS would otherwise require certification under Part 27. Petitioner seeks exemption for the same reasons identified in the request for exemption from 14 CFR Part 21, Subpart H.

14 CFR § 91.203 (A) & (B): Carrying Civil Aircraft Certification a nd Registration

This regulation provide s as follows:

(a )“... no person may operate a civil aircraft unless it has ... 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.”10

The UA with a full capacity payload weighs no more than 25lbs, and always less than 55 lbs.

Due to the small size there is no open cabin or cockpit. There is no space, or onboard storage place located in/on the UA in which to carry certification and registration documents. An equivalent level of safety will be achieved by keeping proper documentation at the loca tion of the Ground Control Station where the PIC, VO or G C S crew and others working with the UAS will have readily available access to them.

The FAA has issued the following exemptions to this regulation; Exemption Nos. 9565A, 9565B, 9789, 9789A, 9797, 9 797A, 9816A, and 9816.

Further examination of §91.203 (a) & (b) conditions lends that UAS operated without an airworthiness certificate, under the conditions proposed in this petition, will achieve the equivalent level of safety or better, than a conventi onal manned aircraft (fixed wing or rotorcraft) with an airworthiness certificate for the purposes outlined in this application. The UA will not carry a pilot or passenger, will not carry flammable fuel, and will operate only within small well

defined loca tions. All operations will be in compliance with the limitations and conditions stated in this application for petition. In summary, the size of the aircraft, the lack of flammable fuel and the fact that the UAS is carried to the location, rather than flow n to the site of operation, all create an equivalent level of safety. The UAS provides and even exceeds an equivalent level of safety when comparing low altitude operations conducted with conventional manned aircraft that would be carrying passengers, carg o, and flammable fuel.

14 CFR § 91.7(A): Civil Aircraft Airworthiness

This regulation requires that “no person may operate a civil aircraft unless it is in airworthy

condition

. ” Should the exemption be granted allowing research operation of UAS without a n airworthiness certificate, no standard will exist for airworthiness of the UAS. An equivalent level of safety will be achieved by ensuring compliance with the UAS standard operating procedures, flight operations manuals, and following the established pra ctices, which utilize safety checklists,

pre

- flight checklists and regularly scheduled maintenance.

The FAA has issued the following exemptions to this regulation; Exemption Nos. 11159, 11157, 11153, 11150, 11138, 11136, 11109 and 11080.

14 CFR § 91.9 (B )(2): Civil Aircraft Flight Manual i n t he Aircraft

This regulation provides guidance for aircraft flight manuals

. (b) “No person may operate a
U.S.

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

The UA is small in size and there is no cabin or cockpit ent rance to the UA. There is no onboard pilot, passenger(s) or crew. Due to the small size, configuration with no cockpit or cabin for a pilot, passengers or crew, there is no room or capacity onboard to carry a flight manual. The equivalent level of safety w ill be achieved by keeping the flight manual(s) and standard11

operating procedures at the Ground Control Station (GCS) where the PIC and GCS crew operating the UA will have readily available access to it.

Previous exemptions granted by the FAA concerning S ection 91.9(b) establish that safety is not adversely affected when the approved Aircraft Flight Manual is kept at the Ground Control Station of a UAS, where the Pilot

- in

- C ommand can immediately access it. Section 91.9(b) “requires aircraft to carry the fl ight manual so the pilot would have ready access to the aircraft limitations while in flight.” However, the FAA has also determined that UA will always be operated without any passengers or crew onboard, and that “requiring these special

- use aircraft [UAS] to carry superfluous paper documents may present a safety hazard to the integrity of the [UAS].”

The FAA has issued the following exemptions to this regulation; Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9564, 9564B, 9720, 10167, 10167A, 11112, 11114, and 11138.

14 CFR § 45.23 (A)(B) , 45.27 (A) & 91.9(C): Marking o f t he Aircraft

Regulation 45.23 states (a) “Each operator of an aircraft must display on that aircraft marks consisting of the Roman capital letter “N” (denoting United States registration) followed by the registration number of the aircraft. Each suffix letter used in the marks displayed must also be a Roman capital letter.”

(b) 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 mu st also display on that aircraft near each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor more than 6 inches high, the words “limited,” “restricted,” “light

- sport,” “experimental,” or “provisional,” as applicable.”

Regulation 91.9(c) provides: “No person may operate a U.S.

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

UA does not have entrance to a cabin, cockpit, or pilot station on which markings can be placed. The small size of the UA prevents marking the UA with two

- inch lettering. Official marking system for UAS has not yet been established for operations inside the NAS. However, the

Petitioner is prepared to mark the UA with appropriate sized markings for the UA. This can include identification as the name of the organization, its location of origin and aircraft serial numbers. The UAS Ground Control Station will also have proper marking § 45.2 9(f) where the Pilot, Visual Observer(s), and others working with the UAS will see the identification of the UA

and GCS.

The FAA has issued the following exemptions to this regulation; Exemption Nos. 8738, 10167, 10167A and 11112, 11136, 11109, and 11062.12

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 determin ed that exemption from these requirements

was warran ted 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

- 035

.

14 C.F.R . Part 61, 14 C.F.R. § 61.3, 14 C.F.R. § 61.113: Private Pilot Privileges a nd

Limitations

Elizabeth City State University (ECSU) will require its UAS Pilot

- in

- Command to have, as a minimum; a valid FAA issued private pilot license and a current Aviation M edical Examiner (AME) medical certificate. UAS training will be provided for PICs, VOs, and GCS research personnel during dedicated training sessions. Such training flights are needed for building experience, maintaining proficiency, and understanding new payload equipment as acquired. Accordingly, ECSU seeks exemption from 14 CFR Part 61, including 14 CFR § 61.3 to the extent that these regulations are interpreted as requiring a prospective UAS PIC receiving UAS training to have a private pilot certificate . All UAS training flights will be conducted within a closely controlled environment, outside of navigable airspace and away from persons or property not involved in the training.

In addition, to the extent that ECSU may employ persons with a private pilo t license to operate its UAS, an exemption is also sought 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 the skill and competency of any PIC where the aircraft is carrying passengers or cargo for hire. In this case, while instructors acting as PIC of the UAS utilized for PIC instruction , the UA carry neither

passengers nor cargo. 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 restrictions attendant with requi ring

the PIC to have a Commercial Pilot Certificate and Class II Medical Certificate.

Elizabeth City State University will ensure an equivalent level of safety to the regulatory requirements of 14 C.F.R. Part 61, including 14 C.F.R. §§ 61.3 and 61.113 by following the safety procedures incorporated in the university’s to be developed UAS SOP/Flight Manuals. Specifically, UAS PIC training protocols will be developed as part of Elizabeth City State University’s UAS SOP/Flight Manual, to include numerous cond itions and limitations, which ensure the proposed UAS operations, can be conducted safely.

In addition to these training and experience requirements, Elizabeth City State University will place additional restrictions on its proposed UAS operations to ens ure an extra margin of safety. The UAS will only be operate d in a controlled and sterile area away from persons and property not involved in the operation. As a requirement to be included in the final copy of Elizabeth City State University’s UAS SOP/Fligh t Manual, the PIC will maintain a 500

- foot horizontal buffer13

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. Elizabeth City State University will also file a NOTAM with the ap propriate ATC facility between 48 and 72 hours before the flight is to occur. The universities’ intended UAS

SOP /Flight Manual will include qualifications, currency

, and training requirements for members of Elizabeth City State University’s UAS application s research program. This is to ensure that the UAS operators are competent and proficient in the UAS they are operating. Collectively, these procedures ensure that the proposed s mall UAS (sUAS) operations can be conducted safely.

14 CFR § 61.113(A) & (B); 61.133(A): Private Pilot Privileges and Limitations; Pilot i n Command; Commercial Pilot Privileges and Limitations

Sections 61.113 (a) & (b) provide regulations for the limitation of private pilot privileges to non

commercial operations. Section 61. 133(a) requires an individual to hold a commercial pilot’s license when acting as pilot in command of an aircraft used for compensation or hire. UA will not carry a pilot or passengers. The proposed operations can achieve the equivalent level of safety by requiring the UAS PIC to undergo UAS operational training, hold at least a private pilot’s license or other FAA recognized equivalent, rather than a commercial pilot’s license to operate small UA. Unlike a conventional aircraft, which carries a pilot and p assenger(s), UA are remotely controlled with no persons on board. The area of operation is limited with flights not exceeding 400 feet in altitude and not out of visual line of sight. All flights are planned and

coordinated in advance and will be monitored by both the PIC operator, Visual Observer(s) and Ground Control Station and will follow all requirements to ensure compliance with safety regulations.

Further provisions will take into account the safety features and characteristics of the UAS. UAS navig ational system and autopilot s have a high degree of preset automated navigational control

with built

- in technical capabilities that will limit the ability for UA to operate outside of the flight operations envelop. Automated features and advanced fly

- safe controls consistently enable safe and reliable operation.

UAS f light safety is a priority, no matter the flight

- operating environment. Because there are no

persons on board, UAS offer superior safety over manned aircraft in flying low altitude flights.

UA S will operate with multiple built

- in safety features:

1. UAS navigation and auto pilot system will fly a preset flight path autonomously or fly in

manual override.

2. UAS flight software automatically and systematically scans for system anomalies while

in fli ght. Detected issues are then handled with configurable preset automated response

behavior such as return

- to

- home, loiter and auto

- land functionality.

3. UAS has capability to auto detect loss of GPS link. If link is lost, a warning alarm is

indicated and the UAS initiates an immediate return to home and auto landing.14

4. If UAS detects a low battery, a warning alarm sounds and UAS will return to home and

land.

5. If UAS loss of link to the Ground Control Station occurs the UAS will perform its preset

response t o the condition by performing an auto

- land.

6. UAS flight time and battery power charge/minutes are displayed at all times. UA will return home and land automatically if user

- configurable limits are reached or battery power reaches 25%.

7. UAS have the ability to be programmed for no

- fly zones. These virtual boundaries will contain UAS flight operations not allowing UAS to fly horizontally and/or vertically outside the pre

- planned flight area.

8. UAS safety pre

- flight checks and system status assessments prior to takeoff also include system self

- calibration of flight sensors. If problems with flight sensors are detected the automated pre

- flight phase will abort.

These safety features, characteristics and advanced controls can be learned through proper UAS operati onal training. With UAS pilot training, there is a reduction of risk associated with the operation of UAS. Risks are mitigated due to size, speed, weight, operational capabilities, safety features and advanced navigational controls. The level of risk assoc iated with private pilot operations or commercial operations considered by Part 61 with conventional aircraft (fixed wing or rotorcraft) is considerably greater than that of UAS operations as defined by this petition. Therefore, an equivalent level of safe ty is exceeded over the current level of safety required under 14 C.F.R. § 61.113(a) & (b) § 61.133(a).

The FAA has issued the following exemptions to this regulation; Exemption Nos. 11110, 11109, 11062, 11065, 11067, 11136 and 11138.

14 CFR § 91.103: Pr eflight Action

This regulation requires each pilot in command to take certain actions before flight to ensure the safety of the flight. As FAA approved flight manuals will not be provided for the UAS, an exemption will be needed. To provide for an equival ent level of safety the following protocols

will be in effect. The Pilot

- in

- Command and Ground Control Station crew will take all actions including: systematic and comprehensive pre

- flight checks, firmware and software updates, safety plan review, weather updates, briefing of flight plan operations, flight battery power needs and requirements, aircraft performance data and landing/takeoff distances before proceeding with flight operations.

Summary of Pre

-

flight Checklist Items

1. Visual inspection of entire airframe

2. Visual inspections of fuselage, wings/rotor integrity15

3. Run

- up testing and battery power charge checks of all batteries (aerial vehicle, command station, radio transmitter)

4. Check altimeter is set to zero at UA launch site/landing zones, check GPS altitude, location, Compass heading/bearing

5. Verify communication between PIC, VO(s) and/or G C S crew

The failure of any portion of the pre

- flight check will prevent takeoff. Pre

- flight checks, which cannot be passed by the onboard flight system, will be in vestigated and remedied by a qualified person prior to each flight. This will be noted in the flight log for inclusion within the regular

maintenance schedul e.

14 CFR § 91.109(A): Flight Instruction

These regulations provide that no 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.

UA are remotely piloted aircraft that do not, by their nature, have fully functional dual controls. Flight co ntrol is accomplished through the use of a remotely operated hand

- held controller that communicates with the aircraft via radio telemetry. During flight instruction, UAS will be flown by both prospective UAS PIC and qualified PIC using separate flight cont rollers simultaneously

. If necessary for failover safety, the Ground Control Station can override and perform an

immediate auto

- land. However, during typical flight operations, flights are either manually flown, controlled on the fly by point and click nav igational commands or with predetermined waypoints and flight paths. Pilot has the ability to override preset flight paths.

In summary, the equivalent level of safety is exceeded due to the fact that neither a pilot nor passenger(s) are onboard the UA. In addition, the UA is small in size, slow in speed and flies at low altitudes. Other weight and material characteristics of the UA are also considered contributing factors for safety. With this the Petitioner believes that the previously outlined safety fea tures provide for an increased level of safety over current regulations.

The FAA has approved exemptions for flight training without fully functional dual controls for a number of aircraft and for flight instruction in experimental aircraft.

The FAA has issued the following exemptions to this regulation; Exemption Nos. 11109, 11138, 11110.

14 CFR § 91.119(C): Minimum Safe Altitude

Section 91.119 establishes safe altitudes for operation of civil aircraft. Specifically, 91.119(c) limits aircraft flying ov er areas other than congested areas to an altitude of 500 feet above the surface, except over open water or sparsely populated areas. In those cases, the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or structure.16

Because aerial survey, monitoring, mapping, inspection or data collection work must be accomplished at relatively low altitudes and at altitudes preferably less than 400 feet AGL, an exemption from Section 91.119(c) is requested.

The equivalent level of s afety will be achieved given the size, weight, speed, and locations of flight operations areas. No flight operations will occur without the permission of the property owner or land management entities. Advance notice to the property owner or land managing entities, will ensure the correct individuals will be notified of planned flight operations. In addition, small size, weight, and low speeds of UA, contribute to very minimal hazards to persons, property, vessels, vehicles or structures. Autopilot features include a governor preset that will inhibit flights above 400 ft. AGL. Due to the extremely low altitude flights planned for UAS operations, it is not allowable, feasible or safe for conventional aircraft to fly within these parameters. Therefore, associa ted risks are marginal and do not compare to traditional manned aircraft flights operating at this altitude and should be considered for exemption.

The FAA has issued the following exemptions to this regulation; Exemption Nos. 4063, 11138, 11136, 11112, 1 1110, 11109, 11080, 11066, 11063, 11062 and

11067.

14 CFR § 91.121: Altimeter Settings

Section 91.121 requires a person operating an aircraft to maintain cruising altitude or flight level by reference to an altimeter that is set to the elevation of the d eparture airport or barometric pressure. Some UAS have a barometric pressure sensor, while others only use GPS for elevation or altitude. When a barometric pressure sensor is on the UA, it is corrected to the point of takeoff; this is in close proximity to the PIC and not at a departure airport. The altitude reading will be relative to that launch point on the ground.

The equivalent level of safety will be achieved by coordination between the PIC and G C S crew. As part of the pre

- flight checklist, the PIC a nd the GCS crew will confirm the elevation or altitude of the launch site. Using the altitude of the launch site shown on the GPS altitude indicator and then confirming the UA AGL altimeter is set to zero on the ground before each flight is initiated. The altitude of the UA will also be displayed via telemetry at the GS and will be constantly monitored by the PIC and GS crew during the entire flight operation.

The FAA has issued the following exemptions to this regulation; Exemption Nos. 11153, 11150, 1113 8, 11136, 11159 and 11159.

14 CFR § 91.151(A): Fuel Requirements f or Flight i n VFR Conditions

Section 91.151 (a) prohibits an individual from beginning “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 30minutes; or (2) At night, to fly after that for at least 45 minutes.”17

Different UA ba tteries provide a range of powered flight times, depending on elevation, density altitude, wind and other environmental conditions. However, because UA do not require landings at airports or airstrips, time in fuel, as a safety buffer for go

- arounds, delay s for landing or diversion to another airport or airstrip is unnecessary. Petitioner believes that an equivalent level of safety can be achieved by calculating flight operations to planned landing zones with sufficient power for safe landings or by maintai ning 25% of reserve battery power whichever happens first. This criteria will be more than adequate to return the UA to its planned landing zone from anywhere within the flight operations area.

Operating the UA, without 30 minutes of reserve fuel does not engender the type of risks that Section 91.151(a) was meant to prevent given the size, weight and speed at which the UA operates. The UA are constructed of lightweight materials, and have no onboard pilot, passenger(s), or cargo. The risk to human life an d property is extremely minimal. In the unlikely

event that the UA is drained of battery power, it would simply auto

- land. Given the UA dimensions and weight, and proven the risks are clearly less than the risk associated with conventional aircraft represe nted by this regulation, an equivalent level of safety is exceeded, and an exemption from § 14 CFR 91.151 is requested.

The FAA has issued the following exemptions to this regulation; Exemption Nos. 2689F, 5745, 10673, 10808, 11138, 11136, 11112, 10650, a nd 10159.

14 CFR § 91.405(A); 407(A)(1); 409(A)(2); 417(A): Maintenance Inspections

Section 91.405(a) requires that an aircraft operator or owner “shall have that aircraft inspected as prescribed in subpart E of this part and shall between required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter ...” Section 91.40 7 similarly makes reference to requirements in Part 43; Section 91.409(a)(2) requires an annual inspection for the issuance of an air worthiness certificate. Section 91.417(a) requires the owner or operator to keep records of maintenance work that has

been accomplished by certificated mechanics, under Part 43, or licensed pilots and records of approval for aircraft return to service.

Since UA are small in size and cannot carry pilot/passengers, they are not considered complex mechanical equipment. UA will operate only within flight operation areas and no higher than 400 ft. AGL. If mechanical issues arise, the UA can land immediately within the designated flight operation area. The equivalent level of safety will be achieved, as UAS PIC and G C S crew

will en sure that UAS are in proper working order prior to initiating flight operations. This will occur through required pre

- flight checks, regular UAS maintenance, and keeping a documented log of any date/ type of maintenance performed.

The FAA has issued the f ollowing exemptions to this regulation; Exemption Nos. 11159, 11157, 11150, 11153, 11138, 11136, 11109 and 11080.18 A PPENDIX B

SUMMARY OF SECTION 333 EXEMPTION REQUEST

Elizabeth City State University hereby provides pursuant to Part 11 a summary of i ts exemption application to allow research operation of UAS. With petition approval, the Petitioner intends to acquire and provide aerial imagery and data solutions in support of scientific research and monitoring activities as they apply to natural resour ce based interests and precision agriculture. For instance, these will include cropland observations (growth yields, fertilization and nutrient distribution, soils and plant moisture content, mold and blight occurrence, and pest management), irrigation wat er conservation methods, invasive species monitoring, geologic al and geomorphic surveys, and forest and rangeland health.

The application of UAS in these instances has the ability to produce valuable and sustainable products enhancing industry and public land operations. These products will provide definitive results for improving precision agriculture and natural resource based activities. In time, the specific benefits will provide increased crop harvest quality and quantity throughout growing

areas wher e prudent water use and irrigation are required

.

14 CFR , PART SUMMARY OF REGULATION

PART 21 AIRWORTHINESS CERTIFICATION

21, SUBPART H CERTIFICATION PROCEDURES FOR PRODUCTS AND PARTS,

AIRWORTHINESS CERTIFICATES

27 AIRWORTHINESS STANDARDS: NORMAL CATEGORY ROTORCRAFT

61 PRIVATE PILOT PRIVILEGES AND LIMITATIONS

61.3 PRIVATE PILOT PRIVILEGES AND LIMITATIONS

61.113 PRIVATE PILOT PRIVILEGES AND LIMITATIONS
PART 61 CERTIFICATION: PILOTS, LIGHT INST RUCTORS, AND GROUND INSTRUCTORS 61.113(A)(B) PRIVATE PILOT PRIVI LEGES AND LIMITATIONS; PILOT

- IN

COMMAND

61.133(A) COMMERCIAL PILOT PRIVILEGES AND LIMITATIONS

PART 91 GENERAL OPERATING AND FLIGHT RULES 91.203(A)(B) CARRYING CIVIL AIRCRAFT CERTIFICATION AND REGISTRATION

91.7(A) CIVIL AIRCRAFT AIRWORTHINESS

91.9(B)(2) CIVIL AIRCRA FT FLIGHT MANUAL IN THE AIRCRAFT

91.9(C) MARKING OF THE AIRCRAFT

45.23(A)(B) MARKING OF THE AIRCRAFT

45.27(A) MARKING OF THE AIRCRAFT

91.103 PREFLIGHT ACTION19

91.109(A) FLIGHT INSTRUCTION

91.119(C) MINIMUM SAFE ALTITUDES

91.121 ALTIMETER SETTINGS

91.151(A) FUEL REQUIREMENTS FOR F LIGHTS IN VFR CONDITIONS

91.405(A) MAINTENANCE REQUIRED

91.407(A)(1) OPERATION AFTER MAINTENANCE

91.409(A)(2) INSPECTIONS

91.417 (A) MAINTENANCE RECORDS20 A PPENDIX C

OVERVIEW CHARACTERISTICS OF PROPOSED UAS

DJI Phantom Vision 2+ DJI Inspire 1 DJI S

- 1000
Aircraft Type Multirotor Multirotor Multirotor
Aircraft Weight 2.55 lbs. 6.46 lbs. 9.26 lbs.
Max Take Off Weight 2.55 lbs. 6.46 lbs. 24.25 lbs.

Dimensions 13.8” (diagonal) 17.24”x17.75”x11.85” 41.14” (diagonal)
Max Flight Time (approx.) 22 minutes 18 minutes 15 minutes
Max Airspeed 29 kts. 43 kts. 39 kts.
Propulsion Electric Motor x4 Electric motor x4 Electric motor x8

11.2VDC LiPo Battery 22.2VDC LiPo Battery 22.2VDC LiPo Ba ttery LiPo Battery LiPo 6S Battery LiPo 6S Battery

Payload Digital Camera Digital Camera Digital Camera

Airframe Material Molded Plastic Carbon Fiber Carbon Fiber

& Plastic & Aluminum

SenseFly eBee AG TBM RF70 AG AeromapperEV2
Aircraft Type Fixed Wing Fixed Wing Fixed Wing
Aircraft Weight 1.5 lbs. 11 lbs. 9.9 lbs.
Max Take Off Weight 1.5 lbs. 13 lbs. 9.9 lbs.

Dimensions 38” wingspan 70” wingspan 79” wingspan
Max Flight Time (approx.) 45 minutes 40 minutes 60 minutes
Max Airspeed 48 kts. Vne

– 48 kts. 70 kts.
Propulsion Electric motor Electric motor Electric motor

11.1 VDC LiPo Battery 12.6 VDC LiPo Battery LiPo Battery

Payload Digital Camera Digital Camera Digital Camera

Airframe Material EPP Foam & EPO Foam & Carbon Fiber

Carbon Fiber Carbon Fiber

SenseFly e XOM
Aircraft Type Multirotor
Aircraft Weight 3

. 7 lbs.
Max Take Off Weight 3

. 7 lbs.

Dimensions 3 1.5”x22.1”x6.8”
Max Flight Time (approx.) 22 minutes

Max Airspeed 2 4 kts.
Propulsion Electric motor x4

3

- cell 8500mAh LiPo

Payload Camera s (38MP, HD, Thermal, NavCam, Sonar)

Airframe Material Carbon Structure and
Composite parts