Cloud County Community 

College

October 27, 2015

U. S. Department of Transportation, Docket Operations

West Building Ground Floor Room W12-140

1200 New Jersey Ave.

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 may concern

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (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

established by the FAA as required by 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 commercial
operations of small, unmanned aircraft systems (“UAS”) meeting or exceeding all of the

operational and safety requirements Congress has set forth in Section 333.

Cloud County Community College’s Wind Energy Technology Department plans to use 

the UAS’s for a multitude of services, including:

- Aerial surveying

- Remote sensing

- Agricultural support

- Wind Turbine blade inspection

- Aerial event photography

- Construction site inspections and monitoring

- Wildlife and forestry monitoring

- 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 of commercial UAS operations.

The Petitioner Requests Relief from the Following:

Regulations from which the exemption is requested:

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 impact which promotes 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 of the 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. In addition we are petitioning 

for an exemption of 2 DJI Phantom 2’s which will be used for flight training only for 

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 of the national airspace system or

the public."

• When flying sUAV within 5 miles of an airport, airport operators will be notified and

the operator will give the right of way to avoid flying in the proximity of full-scale

aircraft.

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

• Flights will be terminated at 25% battery power reserve should that occur prior to the

20 minute limit.

• Prescribed preflight checks will be conducted before each flight

• Maintenance and repair will be conducted at regular intervals and as needed for safe 

flight.

• The sUAV will be programmed so that it will not be operated at an altitude of no more

than 400 feet AGL, and not more than 200 feet above an elevated platform from which

filming is planned.

• Minimum crew for each operation will consist of the sUAS Pilot, and Visual Observer.

• The sUAS operated by the 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

simultaneously move vertically and horizontally.

• Given the small size of the sUAS and the restricted sterile environment within which

they will operate, our sUAS operations adhere to the Reform Act's safety requirements.

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 thereby reduce 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 of only 20 minutes, this is offers little or no risk to national 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 flight will 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 of no more than 25 knots and no further than 1/8th NM from the PIC;

(c) All operations must utilize a visual observer (VO). The VO and PIC must be able

to communicate by voice at all times during a flight operation;

(d) Operations will be restricted to flights over private property with the permission

of the property owner;

(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 of people;

(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 or heliport without prior 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 of NAS and operational considerations of the UAV itself will 

provide them the information needed to operate safely in our airspace.

Sincerely,

Bruce Graham

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 of the sUAS:

14 CFR Part 21, Airworthiness Certificates. This part establishes the procedures for

the issuance of an 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 or both of the following provisions:

21.191 Experimental certificates. Experimental certificates are issued for the

following purposes:

(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 type and supplemental type certificates, flights to

substantiate major design changes, and flights to show compliance with the function and

reliability requirements of the 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 carry persons 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 of safety outlined 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 of the 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's
registration 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

of the ground station, the banner should be visible to anyone that observes the aircraft and

chooses to investigate its point of origin.

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 of an 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 employment if: (1) The flight is only

incidental to that business or employment; 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 of this application is to conduct a business.

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, this Regulation 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 of safety and meet the intent of 91.9, I propose

that a current, approved sUAS Flight Manual must be available to the crew at the ground

station anytime the aircraft is in, or preparing 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 and provides an equivalent level of safety.

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 typical mission of the sUAS would be photography or

survey of persons, 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. The
aircraft 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 takeoff point is transmitted via radio from the sUAS onboard computer to the display screen held by the PIC, providing a constantly updated

AGL readout.

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 of intended 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 of this paragraph. I request an exemption to the word "fuel" and ask for an

equivalent interpretation with 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

of 5.3 pounds, the sUAS is too small to carry documentation, does not have an entrance,

and is not capable of carrying passengers or crew. To obtain an equivalent level of safety

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 satisfy the 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 the
aircraft is in an airworthy condition prior to every flight and in addition conduct detailed

inspections after every two hours of flight. Maintenance performed by the PIC is limited

to repairing small cracks, replacing a propeller, checking electrical connections and

updating software and firmware for the on-board computer. All other maintenance will be

performed by the manufacturer or their designated repair facility. The PIC will document

work performed in accordance with 91.417. I feel that due to the size, construction, and

simplicity of the aircraft, the PIC can ensure an equivalent level of safety.

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 myriad 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

policymakers 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 this Petition.

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 and have authorized each flight within a radius of this 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 of sUAVs 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 of this 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.