July 09 , 2015

Weber State University Risk Management 1031 Dixon Parkway DEPT 1031 Ogden, UT 84408

- 1031

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

RE: Exemption Request for Weber State University under Section 333 of the F AA Modernization
and Reform Act

Dear Sir/ Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012, Weber State University, a p ublic institution in UT, seeks exemption from the requirements of 14 C.F.R. Part 11
to operate Unmanned Aircraft System s . This exemption request will permit Web er State University to operate Unmanned Aircraft System s (UAS) for teaching, research, and facilities inspections within the National Airspace System (NAS).

Weber State University submits that the requested exempt under section 333 is proper since an equivalent level of safety will be ensured. The University will utilize experienced personnel to fly UASs using the methods, techniques, and practices prescribed in the operating manual of each

system . Furthermore, the University will ensure that it meets all of the requirements based on the UAS's size, weight, speed and ope rational capability; operation of the UAS at or below 40 0 feet above ground level; and o peration of the UAS within the visual line of sight of the operator.

Purpose of UAS operation and why this petition is in the public interest

Weber State University i ntends to use UAS to acquire aerial imagery

, research, training

, and
education al programs ; all of which are beneficial to society

. Some of the specific purpose for which UASs will be employed includes studies of water and air quality , wildlife population

a ssessments, habitat mapping, geological aerial surveys, aerial imagery of the University, and facilities (roofs) inspections.2 The use of UAS will significantly reduce safety concerns in areas where terrain or subject matter is inaccessible, inhospitable, hazardous and unsafe to enter, or may cause undue injury or loss of
life.

By incorporating UAS into the identified programs, the University stands to gain significant savings while maintaining higher safety standards . With Weber State University being a p ublic entity, savings from the UAS will directly reduce the cost of operating the University which directly benefits the public

.

Since all of the UAS’s in the University fleet are battery powered and serve as a safe, efficient,
and economical alternative to the manned aircraft, the public stands to benefit from reduced pollution, noise, as well as increase the safety of life and property in the air and on the ground. Furthermore, the use of UAS by the University would reduce congestion around airports cau sed by arriving and departing aircraft. UAS do not require an airport to takeoff or land. Use of UAS would result in fewer aircraft that must be handled by air traffic control during takeoff, flight duration, and landing phases of flight operations

The na me and address of the Petitioner and point of contact is:

Weber State University Risk Management
Attn: Abel Mkina 1031 Dixon Parkway Dept. 1031 Ogden, UT 84408

- 1031

Regarding the Unmanned Aircraft System

Weber State University will employ the following UAS in its fleet

1. DJI Phantom 3 Advanced

2. DJI Phantom 2 Vision+

3. DJI Phantom 2 Vision

4. DJI Phantom 1

5. DJI Phantom 2

6. DJI Inspire 1

The following attachments, UAS User Manuals, support Weber State University Section 333 Exemption Request

• Exhibit 1

- DJI Phantom 2 Vision+ User Manual (EN) v1.8

• Exhibit 2

- DJI Phantom 2 Vision+ Pilot Training Guide (EN) v1.1

• Exhibit 3

- DJI Phantom 2 Vision User Manual (EN) v1.8

• Exhibit 4

- DJI Phantom 2 Vision Pilot Training Guide v1.03 • Exhibit 5

- DJI Phantom 3 Advanced Us er Manual (EN) v1.2

• Exhibit 6

- DJI Phantom 1 Manual (EN) v1.4

• Exhibit 7

- DJI Phantom 2 User Manual (EN) v1.4

• Exhibit 8

- Inspire 1 User Manual (EN) v1.2

• Exhibit 9

- Inspire 1 Maintenance Manual v1.0

Regarding the Operation of the Unmanned Aircraft

Below is a summary of operational limitations and conditions which will ensure higher level of safety to people and property based on regulatory guidelines :

• UAS speed is limited to a maximum of 33.5 miles per hour

• UAS will not be flown at an altitude that exceeds 400 feet AGL

• UAS will always weigh less than the maximum allowed weight of 55lbs

• UAS will be flown in such a way tha t they can be safely terminated. There will always be
two individuals ; one piloting the UAS and the other operating as a visual ob server.

• All of the UAS in the fleet have an integrated GPS system that calculates the UAS's position and altitude and relays that information to the pilot on the ground

.

• Additionally, the UAS s contains a failsafe mode . I f its connection to the remote co ntrol is lost, the system is programed for the UAS to return to a predetermined location

.

• Due to Weber State University’s location, UAS shall not be operated without prior approval of the FAA and remain well clear of and do not interfere with manned aircra ft operations

• UAS will only be operated during daytime meeting the visibility and cloud clearance requirements

• UAS will not be used to monitor or record areas where there is a reasonable expectation of privacy.

• If at any time the operator see s or hears another aircraft and it appears that aircraft may come within one mile of the UAS, or it is questionable whether or not it will do so, UAS pilot will immediately descend th e UAS and direct it toward s the designated landing area,
or alternate land ing area . Flight will resume after it has been determined that t he other aircraft has maintained a separation of at least one mile.

• Prior to UAS flight, the pilot and observer will preplan the flight and go over possible contingencies and emergency procedu res

Summary of Regulations from which Weber State Univ ersity seeks exemption

• 14 CFR Part 21, Subpart H

– Airworthiness Certificates Section 333 of the Reform Act 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. The UASs that will be used by Weber State4 University are safe when taking into account their size, weight, speed, and

op erational capability, therefore an airworthiness certificate is not applicable.

• 14 CFR Part 27

– Airworthiness Standards: Normal Category Rotorcraft
The UASs in the Weber State University fleet are safe when taking into account their size, weight, speed, and operational capability, therefore an airworthiness certificate is not applicable. Additionally, Weber State University U ASs will carry neither pilots, passengers, explosive materials, nor flammable liquid fuels

.

• 14 CFR 45.23(b)

– Aircraft Marking and Identification Requirements Due to the size of the UAS, there is no enough space where markings can be placed, however, the University will be ready to mark all of the UASs in its fleet if required to do so.

• 14 CFR 61.113(a)(b)

– Private Pilot Privileges and Limitations Even though UASs in the Weber State University fleet will not carry a pilot or passengers, the University will still operate UAS by following all safety protocols including but not limited to flying at or below 400 feet above ground level,
minimum of 2 cre w members where one piloting the UAS and the other providing visual observation, and following all requirements to ensure compliance with safety regulations.

These UASs come with built

- in safety features and characteristics including navigation (gps) system and autopilot features that will limit the UAS ability to operate outside of the predetermined flight area and capabilities. Furthermore, UAS automated features and advanced fly

- safe controls consistently enable safe and reliable operation.

• 14 CFR 91.7(a)

– Civil Aircraft Airworthiness

I n accordance with 14 C.F.R. Part 21, Subpart H

, UASs do not require an
airworthiness certificate , however, t he University will follow and apply safety standards as outlined in the UAS operating manuals and by applyin g safety and

pre

- flight checklists and following maintenance standards.

• 14 CFR 91.9(b)(2)(c)

– Civil Aircraft Flight Manual in the Aircraft The UASs in the Weber State University fleet are small in size and there is no cabin or cockpit. There is no room onboard to carry a flight manual. The UAS s do not carry a pilot (s), crew, or passenger(s). Operating and User manuals will be with the UAS pilot during the flight.

• 14 CFR 91.103

– Preflight Action To provide for an equivalent level of safety as required by 14 CFR § 91.103, the following protocols will be in effect ; The Pilot in Command and visual observer will5 take all actions including: systematic and comprehensive pre

- flight checks (visual inspection of the UAS, battery charge checks, gps functionality, and verify communication between the UAS Control and UAS), 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. In addition to preflight checks and inspections, operators are required to notify and get approvals from University Risk Management and Public Safety. These departments will ensure compliance with FAA, Federal, State, and University reg ulations, policies, and requirements.

• 14 CFR 91.109(a)

– Flight Instruction UAS are remotely piloted aircraft that do not, by their nature, have fully functional dual controls. Flight control is accomplished through the use of a remotely operated hand

- he ld controller that communicates with the aircraft via radio telemetry. Given the size and speed of the UAS that Weber State University has in its fleet, an equivalent level of safe training can still be performed without dual controls because no pilot or p assengers are aboard the UAS. Other weight and material characteristics and features of UASs are also considered contributing factors for safety.

• 14 CFR 91.119

– Minimum Safe Altitudes This section establishes safe altitudes for operation of civil aircraf t. An equivalent level of safety will be achieved given the size, weight, and speed of the UASs. In order to avoid risks to manned aircraft, flight operations will be restricted to 400 feet above ground level or below. No flight operations will occur witho ut the permission of the property owner or land management agencies.

If at any time the operator sees or hears another aircraft and it appears that aircraft may come within one mile of the UAS, or it is questionable whether or not it will do so, UAS pilot will immediately descend the UAS and direct it toward s the designated landing area, or alternate landing area . Flight will resume after it has
been determined that t he other aircraft has maintained a separation of at least
one mile.

• 14 CFR 91.121

– Altim eter Settings The UASs in the Weber State University fleet do not have a typical barometric altimeter onboard. However, altitude information of the UAS will be provided to the pilot on the ground via Global Positioning System (GPS) equipment and radio communications telemetry data link, which downlinks from the UAS to the pilot for active monitoring of the flight path. This altitude information, combined with visual line of sight, at or below 400 feet above ground level, will ensure a level of safety eq uivalent to Section 91.121.6 • 14 CFR 91.151(a)

– Fuel Requirements for Flight in VFR Conditions All of Weber State University UAS flights operations will be terminated when 25% battery power r eserve is reached. In the unlikely event that the UAS battery is drained, UASs in the fleet have built

- in capabilities to auto land hence reducing risks to people and property

.

• 14 CFR 91.203(a)(b)

– Carrying Civil Aircraft Certification and Registration Due to the small size of the UASs, there is no open cabin or cock pit. There is no space, or onboard storage place located in/on the UAS in which to carry certification and registration documents. The UAS will neither carry a pilot, passenger, nor will it carry flammable fuel.

• 14 CFR 91.405(a) ; 14 CFR 91.407(a)(1) ; 14 C FR 91.409(a)(1) and (a)(2) ; and 14 CFR 91.417(a)(b)

– Maintenance Required All of the UASs in the Weber State University fleet will follow the maintenance and inspections as recommended by the manufacturer in the manufactu rer’s
manuals and manufacturer safety b ulletins. UAS software will be updated as recommended by the manufacturer. Furthermore, Weber State University will use experienced personnel or technicians to perform maintenance, alterations, or preventive maintenance on the UASs using the method s, techniques, and practices prescribed in the operating manuals

Conclusion This Petition for Exemption meets all the criteria articulated in Section 333 of the Reform Act of 2012 including weight, speed, operating capabilities, and operation within visua l line of sight. Approval of this exemption will allow for safer, efficient and cost savings for t he University and the public at

- large in fulfilling the mission of the University.

In case you have any questions, concerns, or if you need additional inform ation to support this exemption request, feel free to contact me.

Sincerely,

Abel M Mkina Weber State University Risk Management 1031 Dixon Parkway Dept. 1031 Ogden, UT 84408

- 1031

Phone: 801

- 626

- 6832
Email: amkina@weber.edu