# Cloud County Community **College**

October 27, 2015 U. S. Department ofTransportation, Docket Operations West Building Ground Floor Room W12

-140 1200New JerseyAve. S E Washington, DC 20590

RE: **Petition of** **Cloud County Community College for**  **Exemption Pursuant to**  **Section 333 of** **the FAA**  **Reform Act**  Attn: To whom it mayconcern Pursuant to Section 333 ofthe FAA Modernization and Reform Act of2012 (the Reform Act) and 14 C.F.R. Part 11, Soundview Aerial Photography, Inc., operator of Small Unmanned Aircraft Systems (sUASs) equipped to conduct aerial photography and videography, hereby applies for an exemption from the listed Federal Aviation Regulations ("FARs") to allow commercial operation of its sUASs, so long as such operations are conducted within and under the conditions outlined herein or as may be establishedbythe FAA asrequiredby Section 333.1 Cloud County

Community College has been providing highly skilled Wind Turbine Technicians for all aspects of the Wind Energy Industry

. These graduates have been fulfilling roles as Wind Farm managers, O&M Technicians, Blade Repair Technicians, and Substation HV Technicians since 2006. We continue to develop cutting edge improvements to our educational offerings. We currently are adding the use of sUAS technology

for many facets of our training and other programs within the college. As described more fully below, the requested exemption would permit the operation of small, unmanned and relatively inexpensive sUAS under controlled conditions in airspace that is 1. Limited; 2. Predetermined; and 3.controlled. The proposed exemption, if granted, would allow Cloud County Community

College to conduct commercialoperations of small, unmanned aircraft systems (“UAS”) meeting or exceeding all ofthe

operational and safetyrequirements Congress has set forth in Section 333. Cloud County

Community

College’s Wind Energy Technology Department plans to use the UAS’s for amultitude ofservices, including:

- Aerial surveying

- Remote sensing

- Agricultural support

- Wind Turbine blade inspection

- Aerial eventphotography

- Construction site inspections andmonitoring

- Wildlife and forestrymonitoring

- Educational and research operations **Statutory Authority:**  Section 333, titled “Special Rules for Certain Unmanned Aircraft Systems”, provides a mechanism for seeking expedited FAA authorization of safe civil UAS operations in the NAS. Section 333(a) states that the FAA “shall determine if certain unmanned aircraft systems may operate safely in the national airspace system before completion of the (comprehensive) plan and rulemaking required by section 332(b)(1) of this Act or the guidance required by section 334 of this Act.” In Section 332(b)(1), Congress made it clear that Section 333 provides a mechanism for “expedited operation authorization” if several factors are met. Petitioner meets all requirements to permit FAA approval ofcommercial UAS operations. **The Petitioner Requests**  **Relief from**  **the Following:**  Regulations from which the exemption isrequested: 14 C.F.R. Part 21 14 C.F.R. 45.23 (b) 14 C.F.R. 61.113(a) and (b) 14 C.F.R. 91.7 (a) 14 C.F.R. 91.9 (b) (2) 14 C.F.R. 91.109 14 C.F.R. 91.119 14 C.F.R. 91.121 14 C.F.R. 91.151(a) 14 C.F.R. 91.203 (a) & (b) 14 C.F.R. 91.205 (b) 14 C.F.R. 91.215 14 C.F.R. (91.401

- 91.417)**Unmanned Aircraft System:** 

sUAVs for our purposes are safer, a more cost effective means for mapping and gathering data, with smaller environmental impactwhichpromotes public safety

. I am petitioning for exemption to enable Cloud County Community

College to operate a DJI Inspire 1, 1 DJI Phantom 2 Vision + equipped with a three

-axis gimbals and using High

-Def cameras. These sUAV have a built

-in capability to limit the height they fly above the ground, to limit the radius ofthe distance they fly from the operator and to exclude it from Class B, C and D airspace including a no-fly zone feature. The Inspire 1 and DJI Phantom 2 Vision + also has the failsafe function of the Naza

-M autopilot system which means when the communication between the Main Controller and the transmitter is disconnected, the outputs of all command sticks from controller will go to the center position. If the GPS signal is good enough, the system will automatically trigger Return to Home and will land safely

. Inaddition we are petitioning for an exemption of 2 DJI Phantom 2’s which will be used for flight training only f or students. **The above**  **specifications meet**  **with the**  **Model Aircraft**  **Operating Standards**  **as set**  **below:**

• Cloud County

Community

College will only operate its sUAS in line of sight of a pilot and/or observer and will operate at sites that are a 'sufficient distance' from populated areas within the sterile area described in the FOPM. Such operations will insure that the sUAS will "not create a hazard to users ofthe national airspace system or the public."

• When flying sUAV within 5 miles of an airport, airport operators will be notified and the operator will give the right of way to avoid flying in the proximity of full

-scale aircraft.

• Maximum flight time for each operational flightwill be 20minutes.

• Flights will be terminated at 25% batterypowerreserve shouldthat occurpriorto the 20 minute limit.

• Prescribed preflight checks will be conducted before each flight

• Maintenance andrepair will be conducted at regular intervals and as needed for safe flight.

• The sUAV will be programmed so that itwill not be operated at an altitude ofno more than 400 feet AGL, and not more than 200 feet above an elevated platform from which filming isplanned.

• Minimum crew for each operation will consist ofthe sUAS Pilot, andVisual Observer.

• The sUAS operated bythe petitioner weighs less than 55 pounds, including the payload (i.e. camera, lens, and gimbal).• The sUAV will operate at speeds of no more than 50 knots, can hover, and can

simultaneouslymove verticallyandhorizontally

.

• Given the small size ofthe sUAS and the restricted sterile environment within which theywill operate, our sUAS operations adhere to the Reform Act's safetyrequirements. The UA, powered by batteries, is smaller, lighter and more maneuverable than larger aircraft running on combustible fuel, it operates at lower altitudes with no people on board and will therebyreduce current risk levels and thereby enhance safety and diminish the likelihood of death or serious bodily injury

. With a small payload and maximum flight time ofonly20 minutes, this is offers little ornorisktonational security

. Low level oblique photos and video from several angles are far more effective than ground based imagery for displaying the wind turbine blade defects. The process in the past has been completed by rappelling down the turbine blades at great cost and danger to the inspector and the company. The benefits of reduced cost and improved quality of presentation from the UA will be valuable to and benefit both the technicians tasked with inspection and the company which profits from turbines that are running and producing energy. Additionally, I request that we be allowed to use the system to benefit first responders nearby who might require assistance, including fire fighters, the police, the sheriff, et al., while remaining subject to all limitations cited in this application as I do so. (a) No flightwill be made with a Gross weight exceeding 55 pounds; (b) All operations must occur in FAA Class G airspace at no more than 400 ft AGL, at an airspeed ofno more than 25 knots andno further than 1/8thNM fromthe PIC; (c) All operations mustutilize avisual observer (VO). The VO andPIC must be able to communicatebyvoice at all times during a flight operation; (d) Operations will be restricted to flights over private property with the permission ofthe propertyowner; (e) All required permits will be obtained from state and local government prior to operation; (f) Cloud County

Community

College will not be operating over densely populated areas; (g) Cloud County

Community

College will not be operating over any open-air assembly ofpeople; (h) Cloud County

Community

College will not be operating over heavily tracked roads;(i) Cloud County Community College will not be operating within 5 NM of an airport orheliportwithoutprior permission. I respectfully request exemption under Section 333 to enable Cloud County Community College to operate efficient, limited, low

-risk sUAS operations for the activities stated respecting at all times the space and privacy of citizens and property whilst keeping our skies safe. The ability to train UAS crewmembers at Cloud County Community College is in the public’s best interest, as through education and training crewmembers knowledge ofNAS and operational considerations of the UAV itself will provide them the information needed to operate safely in our airspace. Sincerely,

Bruce Graha

m Wind Energy

Department Chair 2221 Campus Drive Concordia, KS 66901 (785)243

-1435 ext. 256 (office) www.cloud.edu**EXEMPTION REQUESTS AND EQUIVALENT**  **LEVEL OF**  **SAFETY**

Cloud County

Community

College requests an exemption from the following regulations as well as any additional regulations that may technically apply to the operation ofthe sUAS: **14 CFR**  **Part 21,**  **Airworthiness Certificates.**  This part establishes the procedures for the issuance ofan airworthiness certificate. While the FAA continues to work to develop airworthiness standards for Unmanned Aerial Systems, I request an experimental certificate be issued for the DJI Inspire 1, Phantom 2’s, and Phantom 2 Vision + under either orboth ofthe followingprovisions: 21.191 **Experimental certificates** 

. Experimental certificates are issued for the followingpurposes: **(a) Research**  **and development** 

. Testing new aircraft design concepts, new aircraft equipment, new aircraft installations, new aircraft operating techniques, or new uses for aircraft. **(b) Showing**  **compliance with**  **regulations**

. Conducting flight tests and other operations to show compliance with the airworthiness regulations including flights to show compliance for issuance of ty pe and supplemental ty pe certificates, flights to substantiate major design changes, and flights to show compliance with the function and reliability requirements ofthe regulations. Since the experimental certificate can be used for commercial purposes such as market surveys, sales demonstrations, and customer crew training, I would expect that an experimental certificate would permit my commercial purpose as well. The aircraft will not carrypersons or property, will not carry fuel, and will only fly under strict operational requirements. Combined with the UA's light weight, being constructed primarily of carbon fiber and plastic, I propose that the UA will be at least as safe, if not safer, than a conventionally certificated aircraft performing the same mission. If an experimental airworthiness certificate is not appropriate for this application, then I request an exemption of 14 CFR Part 21, Subpart H, and the requirement for an airworthiness certificate in general, citing the equivalent level ofsafetyoutlined in the previous paragraph. **14 CFR**  **45.23 Display**  **of marks;**  **general and**  **45.29 Size**  **of marks.**  These regulations provide that each aircraft must display "N" and the aircraft's registration number in letters at least 3 inches high. Additionally, the aircraft must display the word "EXPERIMENTAL" in letters at least 2 inches high near the entrance to the cabin, cockpit, or pilot station. The sUAS does not have an entrance in which the word "EXPERIMENTAL" can be placed, and may not have a registration number assigned to it by the FAA. I propose to achieve an equivalent level of safety by including the word "EXPERIMENTAL" in the placard on the top ofthe aircraft, as shown above, where the PIC (Pilot In Control), VO (Visual Observer) and others in the vicinity of the aircraft while it is preparing for launch will be able to see the designation. Additionally, I feel that the permanent placard discussed in the previous paragraph will provide the aircraft'sregistration information at the ground station. Finally, I will display at the ground station

a high contrast flag or banner that contains the words "Unmanned Aircraft Ground Station" in letters 3 inches high or greater. Since the aircraft will operate within 3/4 NM ofthe ground station, the banner should be visible to anyone that observes the aircraft and chooses to investigate its point oforigin. **14 CFR**  **61.113 Private**  **pilot privileges**  **and limitations:**  **Pilot in**  **Command and**  **61.133 Commercial**  **pilot privileges**  **and limitations.**  The regulation provides that no person that holds a Private Pilot certificate may act as pilot in Command ofan aircraft for compensation or hire. Subparagraph (b) allows a private pilot to act as pilot in command of an aircraft in connection with any business or employ ment if: (1) The flight is only incidental to that business or employ ment; and (2) The aircraft does not carry passengers or property for compensation or hire. My proposed operations require that the PIC must hold at least a Private Pilot Certificate issued by the FAA and since the aircraft cannot carry passengers or property, I feel I meet the intent of 61.113 Subparagraph (b) even though the intent ofthis application is to conduct abusiness. **14 CFR**  **91.7 Prohibits**  **the Operation**  **of an**  **aircraft without**  **an airworthiness**  **certificate**

. As no such certificate will be applicable in the form contemplated by the FARs, thisRegulation is inapplicable. **14 CFR**  **91.9 Civil**  **aircraft flight**  **manual, marking,**  **and placard**  **requirements**

. This regulation provides that no person may operate an aircraft unless a current, approved flight manual is in the aircraft. I assume that the intent of this requirement is to ensure that flight manual information is available to the aircrew while operating the aircraft. I request an exemption to this requirement since the aircraft is not only too small to carry documentation, the documentation would not be available to the crew during flight operations. To obtain an equivalent level ofsafety and meet the intent of91.9, I propose that a current, approved sUAS Flight Manual must be available to the crew at the ground station anytimethe aircraft is in, orpreparing for, flight. **14 CFR**  **91.109 Flight**  **Instruction; Simulated**  **instrument flight**  **and certain**  **flight tests.**  The regulation states that "No person may operate a civil aircraft that is being used for flight instruction unless that aircraft has fully functioning dual controls." The sUAS System groundbased control station consists of a small hand

-held radio transmitter and while it does not offer a second set of "controls", both the student and instructor can, and will, operate the single set of controls simultaneously

. With both student and instructor having "hands

-on" the controls during flight, I feel that this technique meets the intent 91.109 andprovides an equivalent level ofsafety

. **91.119 Minimum**  **safe altitudes** : General. The regulation states that over sparsely populated areas the aircraft cannot be operated closer than 500 feet to any person, vessel, vehicle, or structure. Since the ty pical mission of the sUAS would be photography or survey ofpersons, vessels, vehicles or structures it would be necessary to operate closer than 500 feet to the items listed. Operations will only be flown over property or persons where permission has been obtained and careful pre-planned has been performed. Theaircraft will be operated at a low altitude allowing, if a power unit fails, an emergency

landing without undue hazard to persons or property on the surface. Therefore I maintain that due to the small size of the UAS, the hazard to persons, vehicles and structures is minimal compared to manned aircraft, which should be considered in granting the exemption. **CFR 91.121**  **Altimeter settings** 

. The regulation requires that aircraft shall maintain cruising altitudes by reference to an altimeter setting available within 100 NM of the aircraft. The sUAS will always fly below 400 feet AGL and will not need to maintain cruising altitudes in order to prevent conflict with other aircraft. An Above Ground Level altimeter measurement above the takeoffpoint is transmitted via radio from the sUAS onboard computer to the display screen held by the PIC, providing a constantly updated AGLreadout. **14 CFR**  **91.151 Fuel**  **requirements for**  **flight in**  **VFR conditions** 

. The regulation provides that no person may begin a flight in an airplane under day

-VFR conditions unless there is enough fuel to fly to the first point ofintended landing and to fly after that for at least 30 minutes. I feel the intention of this paragraph is to provide an energy reserve as a safety buffer for delays to landing. The sUAS is battery operated and the maximum duration of flight from a single battery charge is 18 minutes with a 20% reserve. Since the aircraft will never fly more than 1/8 NM from the point of intended landing, a full battery charge at launch will ensure that I meet the reserve energy requirement ofthis paragraph. I request an exemption to the word "fuel" and ask for an equivalent interpretationwith the word "energy". **14 CFR**  **91.203(a) &**  **(b) Civil**  **aircraft: Certifications**  **required**

. The regulation provides that an airworthiness certificate, with the registration number assigned to the aircraft and a registration certificate must be aboard the aircraft. Additionally, subparagraph (b) provides that the airworthiness certificate be "displayed at the cabin or cockpit entrance so that it is legible to passengers or crew." At a maximum gross weight of5.3 pounds, the sUAS is too small to carry documentation, does not have an entrance, and is not capable ofcarrying passengers or crew. To obtain an equivalent level ofsafety and meet the intent of 91.203, I propose that documents deemed appropriate for this aircraft by the FAA will be co-located with the crew at the ground control station and available for inspection upon request. In order to identify the aircraft, I propose that the information found on airworthiness and registration certificates be permanently affixed to the aircraft via placard containing the following information plus the word "EXPERIMENTAL" to satisfythe requirement of 14 CFR 45.23. **14 CFR**  **Subpart E**  **(91.401**
**- 91.417)** 
**- Maintenance,**  **Preventive Maintenance,**  **Alterations.** The regulation provides that the operator is primarily responsible for maintaining the aircraft in an airworthy condition, including compliance with part 39 and 43. Paragraphs 91.407 and 91.409 require that the aircraft be "approved for return to service by a person authorized under 43.7" after maintenance and inspection. It is my intention that the PIC perform maintenance and inspection of the aircraft and "be authorized to approve the aircraft for return to service." The PIC will ensure that theaircraft is in an airworthy condition prior to every flight and in addition conduct detailed

inspections after every two hours offlight. Maintenance performed by the PIC is limited to repairing small cracks, replacing a propeller, checking electrical connections and updating software and firmware for the on-board computer. All other maintenance will be performed by the manufacturer or their designated repair facility

. The PIC will document work performed in accordance with 91.417. I feel that due to the size, construction, and simplicityofthe aircraft, the PIC can ensure an equivalent level ofsafety

. **Safety and**  **Benefits of**  **the UAS.**  Cloud County Community College will be using the UAS in a variety of applications that generally require expensive full

-size manned aircraft to complete. Small, light, unmanned aerial vehicles offer my riad benefits over the use of full

-sized manned aircraft for electric power line inspection, oil/gas pipeline inspection, advanced agriculture, film and still photography, just to name a few. Replacing significantly larger manned aircraft carrying crew and flammable fuel with small UAS carrying no passengers or crew creates a much greater margin of safety for the pilots and crew. By granting Soundview Aerial Photography, Inc.‘s requested exemptions, the FAA will help drive development of safe and successful commercial UAS operations and will advance the public knowledge base for such operations. Cloud County Community

College is committed to promoting the UAS research efforts of policy makers including the FAA, NASA, DOD and DARPA by sharing data from its commercial UAS operations and serving as a resource for future UAS research operations. Thus, the FAA has good cause to grant thisPetition. **Conclusion.** As pointed out in this application, all the SUAs which my company would use, under authorization by the US DOT

-FAA, are small, light

-weight devices operated within the line of sight of the Pilot

-in

-Command (PIC), less than 400 feet above the ground and outside 5 miles from any airport, heliport, seaplane base, spaceport, or other location with aviation activities, unless the air traffic control authorities (ATC) have been notified andhave authorized each flightwithin aradius ofthis distance. My sUAV has proven capability for controlled flight. They are devices offered for general sale on the market around the world and have often been used as Model Aircraft in the USA. I am certain that the studies conducted until now by the FAA, about Section 332, Public Law 112

-95, 2014, have already provided you with the assurances on the airworthiness ofsUAVs such as mine. For the foregoing reasons, the exemptions requested herein should be granted and Cloud County Community

College should be permitted to conduct small UAV operations in accordance with its manuals and all other operating parameters deemed necessary and appropriate by the FAA. The submission ofthis application and its contents is the best demonstration that indeed it is possible to pursue the authorization process so that some sUAVs may be used for legitimate commercial activities and under reasonably safe conditions

.