January 14, 2016

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

Re: Petition of Elizabethtown College for an Exemption Pursuant to Section 333 of the FAA

Modernization and Reform Act of 2012

Director: Flight Standards Service:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 ("Reform Act") and
14 C.F.R. Part 11, Elizabethtown College (“ Elizabethtown ”) hereby applies for an exemption from the Federal Aviation Regulatio ns ("FARs") identified below to allow commercial operation of small unmanned aerial vehicles ( i.e., "small unmanned aircraft" or "UAS") for the purpose of providing much needed aerial photography

, videography , data collection and document imagery

for multi ple uses in an academic environment including filmmaking , training and flight analysis

.

This petition for exemption is made based on information outlined in this Petition for Exemption, as well as the accompanying Elizabethtown documents;

1. PIC Flight O perations Manual and;

2. Operations Manuals (C ollectively 2 and 3 are referred to as " Elizabethtown “ Documents & Manuals")

3. User Guide and;

4. Flight Manual 1 (Co llectively 3 and 4 are referred to as "Manufacturer's Manuals").

Elizabethtown su bmits these supporting materials as confidential documents pursuant to 14 C.F.R. § 11.35(b), as the materials contain confidential commercial and/or proprietary

information that Elizabethtown has not and will not share with other requesting parties.

Additi onally, these d ocuments contain operating conditions and procedures that are not generally available to the public and are protected from release under the Freedom of Information Act, 5 U.S.C. § 552 et. seq. 

### ALL ATTACHMENTS SET FORTH IN SUPPORT OF THIS

LET TER OF PETITION ARE CONFIDENTIAL AND SHALL NOT BE

1 . The term "Manufacturer's Manual" also includes all relevant manufacturer publications, including, b ut not limited to: operations and flight manuals, user guides, component maintenance manuals, pilot training manuals, service
information letters and, safety/service bulletins

.U.S Department of Transportation

January 14, 2016 Page 2



### RELEASED TO THE PUBLIC WITHOUT WRITTEN AUTHORIZATION FROM

THE PETITIONER. For your convenience, this Petition is organized as follows:

I. Description of Petitioner

II. Description of Proposed Operations

A. Aeria l Photography

, Videography , Data Collection , Close

- Set a nd Document Imagery f or Multiple Uses i n a n Academic Environment

III. Relevant Statutory Authority

IV. Elizabethtown ’ s Proposed UAS Operations Meet the Requirements of

Section 333 of the Reform Act

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

B. Approval is Warranted Based on the Operational Restrictions Set Forth in the Operations Manuals

V. Regulations From Which Exemption is Requested

A. 14 C.F.R. Part 21, Subpart H

– Airworthiness Certificates and 14 C.F.R. § 91.203(a)(1)

B. 14 C.F.R. Part 27 Airworthiness Standards: Normal Category Rotorcraft

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

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

E. 14 C.F.R. Part 61, 14 C.F.R. § 61.3, 14 C.F.R. § 61.113: Private Pilot Privileges and Limitations

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

G. 14 C.F.R. § 91.9(b)(2): Civil Aircraft Fli ght Manual in the Aircraft and 14 C.F.R. § 91.203(a) and (b): Carrying Civil Aircraft Certification and Registration

H. 14 C.F.R. § 91.103: Preflight Action

I. 14 C.F.R. § 91.109(a): Flight Instruction

J. 14 C.F.R. § 91.119(c): Minimum Safe Altitudes

K. 14 C.F.R. § 91 .121: Altimeter Settings

L. 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions

V I

. Drug and Alcohol Program

VII. Public Interest

VIII. Privacy

IX. Federal Register SummaryU.S Department of Transportation

January 14, 2016 Page 3

X. Conclusion

I. DESCRIPTION OF PETITIONER

Elizabethtown College ’s

, located in Elizabethtown

, PA , primary purpose is small liberal arts college located in central Pennsylvania, which offer s a Communications program, offering

Bachelor of A rts degree in Mass or C orporate C ommunications. Elizabethtown ’s students have a hands on appro ach to the classroom with research and syllabus driven projects in classes dealing

in Digital Photography and Design, Video Production applications, Advanced Video Produc tion, script and screen writing and film studies. The granting of the exemption will allow Andy

Williams

, of the Communications Dept. the ability to photograph , video, film and document imagery for multiple uses in an academic e nvironment. Additionally, it is the university’s intention to provide flight training and demonstration flights to its student body. This work will help to enhance the institution’s marketing, research, public relations, outreach/enrollment, and fundraising efforts and assist in facility management at the University

. The data generated will provide a major source o f catalogue information to Elizabethtown

. All operators of the various UAV platforms will meet or exceed all FAA requirements for UAV operation.

Upon the grant of the 333 Exemption Elizabethtown will be able to enhance the institution’s college curriculu m, marketing, public relations, outreach/enrollment, and fundraising efforts and assist in facility management at the University at a more cost effective rate and accurately

monitor the management and analysis of school resources.

Elizabethtown ’s staff a re well trained and experienced in providing support as visual observers (“VO”) for the pilot in command (“PIC”) in addition to any other needed on site assistance. All of the equipment owned by Elizabethtown is of the highest quality gear and has been ab le to provide these services safely and without any claims or incident.

Elizabethtown ’s additional goal is to be able to monitor the campus site, provide aerial stock footage for marketing campaigns , public relations, outreach/enrollment, training and fl ight

demonstration and fundraising efforts while strongly following all the applicable state and federal rules to ensure the safety of the public

, students and employees of the school.

Elizabethtown seeks an exemption to allow for commercial operations o f small UASs to provide

a erial photography

, videography , close set filmmaking and document imagery for multiple uses

in an academic environment

.

The contact information for Petitioner is as follows:

Andy Williams Communications Department

Elizabethtown College 1 Alpha Drive Elizabethtown, PA 17022 Phone: ( 717.361.6414 ) Email: williamsaw@etown.eduU.S Department of Transportation

January 14, 2016 Page 4

II. DESCRIPTION OF PROPOSED OPERATION

Elizabethtown seeks an exemption pursuant to Section 333 of the Reform Act to ope rate the DJI Phantom 3; (referred to as ETC

- UAS ) ( all under 55lbs) for the proposed operations discussed

herein below. All UAS operations will occur under tightly controlled conditions on private

property or approved location where Elizabethtown has recei ved verifiable permission to operate from the landowner, controller or authorized representative on those property sites not owned by

Elizabethtown . The proposed UAS operations will be conducted in accordance with the

conditions and limitations of this Pet ition for Exemption and Elizabethtown Video Operations

Manuals. As detailed in Elizabethtown ’s Operations Manuals, all UAS operations will be limited to daytime VFR conditions, within visual line

- of

- sight ("VLOS") of the operator, in uncontrolled airspace , and will occur at least 5 n m away from an airport reference point

. Moreover,

Elizabethtown ’s Operations Manuals incorporate redundant safeguards to assure the aircraft does not travel outside the controlled area of UAS operations, including GPS "geo

- fenc ing" technologies.

A. Aerial Photography, Videography, Data Collection, Close

- Set and Document Imagery

Elizabethtown seeks to use a small ETC

- UAS for the purpose of to provide aerial photography

, videography , data collection, filmmaking a nd document ima gery for multiple uses in an

academic environment

. Elizabethtown has purposefully ta i lored its operations to meet the requirements established by the FAA in prior grants of exemption authorizing commercial use of

UAS in the real estate industry, including :

 Trudeau, Realtor® (Exemption No. 11 138 )

 Alon Sicherman (Exemption No. 11 728 )

 Sokoler Medly (Exemption No. 11 341 )

 Astraeus Aerial (Exemption No. 11062)

 Flying

- Cam, LLC (Exemption No. 11080)

 Alan D. Purwin (Exemption No. 11161)

 Helinet Aviation Services, LLC (Exemption No. 11160)

 Starnes Aviation (Exemption No. 12377 )

All UAS photography

, v ideography and filmmaking operations will occur on private property or approved location in a controlled area away from students, spectators and persons not involved

i n the video /filming process . In addition, the video/ filming will be conducted between dawn and dusk to ensure maximum safety for the public and those involved in the manipulation and operation of the UAS ; VFR conditions, at altitudes below 400' above groun d level (“AGL”).

As set forth below, Elizabethtown ’s operations provide an equivalent level of safety which is superior to performing the same work using conventional fixed

- wing aircraft or helicopters.

Small UAS video production operations are also saf er than traditional manned aircraft perfor m ing the same function. Videographer frequently need to climb roof tops

, ladders, trees,U.S Department of Transportation

January 14, 2016 Page 5

or otherwise perform elevated work, which exposes them to the risk of dangerous falls,

ele c trocution or other work related in juries . In addition, depending on the nature of the video needed and inspection, proximity to equipment, and other mechanical hazards associated with industrial sites and construction facilities often involves a risk of exposure to hazardous

cond i tions . Th e use of UAS s mitigates these hazards and is ultimately a much safer and cost

efficient method of performing these and most other types of i n spections and surveys

. Moreover, c onventional operations using rotorcraft and fixed

- wing aircraft in low level

oper ations present risks associated with vehicles weighing tens of thousands of pounds (including payload) and carrying large amounts of fuel which inherently presents significant fire hazards as well as exposure to other chemical contaminates

. It is importan t to note the use of small UAS in this area will not only be safer and more cost effective to the perspective user or purchaser of the service , but the quality and expanse of acquired information will be far more robust given the low cost associated with i ts acquisition and other potential consumers an inexpensive product

.

UAS video production is more reliable, and allows for the collection, dissemination, and storage of visual and other sensory data with greater precision and duration at a very low cost

. Small UASs will also be capable of accessing and inspecting areas that would otherwise be inaccessible or highly dangerous using conventional aircraft or other inspection methods.

III. RELEVANT STATUTORY AUTHORITY

This Petition for Exemption is submitt ed pursuant to Section 333(a) through (c) of the FAA Modernization and Reform Act of 2012 ("Reform Act"). Congress has directed the FAA "to safely accelerate the integration of civil unmanned aircraft systems into the national airspace system." Pursuant to Section 333 of the Reform Act, the FAA Administrator is to permit

u nmanned aircraft systems to operate in the National Air s pace Systems ("NAS") where it is safe

to do so b ased on the following considerations:

● The UAS's size, weight, speed and operational capability; ● Operation of the UAS in close proximity to airports and populated areas; and ● Operation of the UAS within the visual line of sight of the operator.

Additionally, the FAA Administrator has gene ral authority to grant exemptions from the agency's safety regulations and minimum standards when the Administrator decides a requested exemption is in the public interest. See 49 U.S.C. § 106(f) (defining the authority of the Administrator); 49 U.S.C. § 4 4701(f) (permitting exemptions from §§ 44701(a), (b) and §§ 44702

– 44716, et seq.). A party requesting an exemption must explain the reasons why the exemption: (1) would benefit the public as a whole, and (2) would not adversely affect safety (or

how it w ould provide a level of safety at least equal to the existing rules). See 14 C.F.R. § 11.81 (petitions for exemption).U.S Department of Transportation

January 14, 2016 Page 6

IV. ELIZABETHTOWN ’S PROPOSED ETC

- UAS OPERATIONS MEET THE REQUIREMENTS OF SECTION 333 OF THE REFORM ACT

The small ETC

- UAS operations p roposed by Elizabethtown as noted above in this Petition for Exemption qualify for expedited approval pursuant to Section 333 of the Reform Act as each of the statutory criteria and relevant factors are satisfied.

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

A Grant of Exemption is appropriate for operations conducted using the UAS s due to their size weight, speed, and operational capability.

 The ETC

- UAS utilize d by Elizabethtown ha s been approv ed for use in p rior

Section 333 Grants of Exemption from the FAA. 2

 The ETC

- UAS weigh s less th an 55 pounds, including payload

.

 The ETC

- UAS will not be flown at a ground speed in excess of 50 knots. The exemption holder may use either groundspeed or calibrated airspeed t o determine compliance with the 50 knot speed restriction

 Altitude information will be generated by equipment onboard the UA S as specified using GPS triangulation, digitally encoded barometric altimeter, radio altimeter, or any combination thereof. This i nformation will be transmitted to the pilot

via telemetric data feed.

 The ETC

- UAS will have system redundancies and independent functionality to ensure the overall safety and predictability of the system. If connection to the remote control or ground cont rol station is lost, failsafe systems will permit the UAS s to return to a predetermined location and safely land without injury or damage.

 The radio frequencies used for operations and control of the ETC

- UAS comply

with the Federal Communications Commissi on ("FCC") and other appropriate government oversight agency requirements. T he operating frequency for the ETC

UAS is 2.4 GHz frequency bands.

If the same operations were conducted using a helicopter, the aircraft's take

- off weight would likely exceed 6,0 00 pounds depending on payload . The difference in weight between the ETC

UAS and a helicopter significantly reduces the potential harm to the participating and non

-

2 See e.g., Grant of Exemption to Trudeau, Realtor® (Exemption No. 11138); Gra nt of Exemption to Alon Sicherman (Exemption No. 11728); Grant of Exemption to Sokoler Medly (Exemption No. 11341).U.S Department of Transportation

January 14, 2016 Page 7

participating individuals and/ or surrounding property in the event of an unintended acciden t or incident. In addition, the risk to the onboard pilot and camera operator is eliminated.

B. Approval is Warranted Based on the Operational Restrictions Set Forth in

Elizabethtown ’s Operations Manuals

Elizabethtown ’s Operations Manuals and the Manufac turer's Manual for the selected ETC

- UAS will contain all the procedures and limitations necessary to safely and successfully perform the operations specified in this Petition for Exemption. To assist the FAA in making a safety

assessment of Elizabethtown ’s proposed operations, below is a summary of operational

limitations and conditions that Elizabethtown will adhere to, and which will ensure an equivalent or higher level of safety to operations conducted under current regulatory guidelines:

1. The ETC

- UAS we igh s less than 55 pounds, with payload

.

2. All operations shall be conducted over private or controlled

- access property with verifiable permission from the land owner/controller or authorized representative.

Permission from land owner/controller or authorize d representative will be obtained

for each scheduled flight prior to operation

.

3. All UASs operated under the Grant of Exemption will be identified by serial number, registered in accordance with 14 CFR part 47, and have identification (N

- Number) markings i n accordance with 14 CFR part 45, Subpart C. Markings will be as large as practicable.

4. Minimum crew for each flight operation will consist of a pilot, who will be Pilot

- in Command ("PIC") of the ETC

- UAS , and one or more Visual Observers ("Observer")

as ne cessary to safely conduct the mission.

5. PICs shall possess either a private, recreational, or sport pilot certificate. The PIC

must also hold a current FAA airman medical certificate or a valid U.S. driver’s license issued by a state, the District of Colum bia, Puerto Rico, a territory, a possession, or the Federal government. The PIC will also meet the flight review requirements specified in 14 C.F.R 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate

.

6. The ETC

- UAS shall be oper ated within VLOS of the PIC and Observer at all times. The PIC must use human vision unaided by any device other than corrective lenses, as specified on the PIC's FAA

- issued medical certificate.

7. The PIC and Observer designated for any operation will be ab le to communicate verbally at all times.

8. Electronic messaging or texting will not be permitted during flight operations.U.S Department of Transportation

January 14, 2016 Page 8

9. The additional requirements identified in the Grant of Exemption shall be added to

the Elizabethtown ’s Operations Manuals. The Operat ions Manuals will be maintained and made available to the Administrator upon request. If a discrepancy exists between the conditions and limitations in the Grant of Exemption and

Elizabethtown ’s Operations Manuals, the conditions and limitations in the Gr ant of Exemption shall take precedence and must be followed. Otherwise, Elizabethtown shall follow the procedures outlined in their Operations Manuals.

10. Elizabethtown may update or revise its Operations Manuals. Revisions will be tracked and a revised cop y of the Manual will be provided to the Administrator upon

request. Elizabethtown will also present an updated and revised Operations Manuals if it petitions for extension or amendment to its Grant of Exemption. If an update or

revision would a f

fect the b asis upon which the FAA grants the exemption,

Elizabethtown will seek an amendment to its Grant of Exemption. Elizabethtown will contact the FAA’s UAS Integr a tion Office (AFS

- 80) if questions arise regarding updates or revisions to the operating doc u ments.

11. Elizabethtown Operations Manuals and its Grant of Exemption will be available to the PIC at the ground control station anytime the ETC

- UAS is operating.

12. The PIC is prohibited from beginning a ETC

- UAS flight unless (considering wind

and forecast weather conditions) there is enough power to fly to the first intended point of landing, and assuming normal cruising speed, to fly after that for at least 10

minutes.

13. Maximum total flight time for each operational flight using the ETC

- UAS will be

limited to 40 minutes or the amount of time the UAS can be flown and still maintain a reserve battery power of no less than 25%, whichever occurs first.

14. Flights will be operated at an altitude of no more than 400 feet AGL and will never enter navigable controlled airs pace without timely prior written authorization and approval from the FAA. In the event the structure being inspected exceeds 400 feet AGL, the UAS will not be operated more than 100 feet above the highest point on the structure, and no more than 50 feet h orizontally from the structure.

15. Flight operations must be conducted at least 500 feet from all nonparticipating persons. (persons other than the PIC, VO, operator trainees or essential persons), vessels, vehicles, and structures unless:

a. Barriers or struc tures are present that sufficiently protect nonparticipating persons from the UA and/or debris in the event of an accident. The operator must ensure that nonparticipating persons remain under such protection. If a situation arises where nonparticipating pe rsons leave such protection and are within 500 feet of the UA, flight operations must cease immediately and/or;U.S Department of Transportation

January 14, 2016 Page 9

b. The aircraft is operated near vessels, vehicles or structures where the

owner/controller of such vessels, vehicles or structures has granted pe rmission and the PIC has made a safety assessment of the risk of operating closer to those objects and determined that it does not present an undue hazard, and;

c. Operations nearer to the PIC, VO, operator trainees or essential persons do not present an und ue hazard to those persons per § 91.119(a).

16. The ETC

- UAS may not be operated less than 500 feet below or less than 2,000 feet horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.

17. The ETC

- UAS may not operate within 5 nm o f an airport reference point as denoted

on a current FAA

- published aeronautical chart unless a letter of agreement with that airport’s management is obtained, and the operation is conducted in accordance with a NOTAM as required by the Elizabethtown COA. The letter of agreement with the airport management will be made available to the Administrator upon request.

18. Prior to each flight the PIC shall inspect the ETC

- UAS s to confirm that it is in a condition safe for flight. The pre

- flight inspection will acco unt for all discrepancies, e.g. inoperable components, items, or equipment, not already covered in the relevant sections of the operating documents as well as equipment updates . The PIC shall not

operate any ETC

- UAS s if the inspection reveals a condition t hat affects the safe operation of the ETC

- UAS until the necessary maintenance has been performed and

the ETC

- UAS is found to be in a condition for safe flight. The ground control station shall be included in the preflight inspection. All maintenance and al ternations must be properly documented in the UAS ’s records as required by Elizabethtown ’s Operations

Manuals.

19. Elizabethtown will timely carry out its maintenance, inspections, and record keeping requirements in accordance with the Operations Manuals. Ma intenance, inspection,

and alterations will be fully noted in the ETC

- UAS records, including total time in service, description of work accomplished, date completed and the signature of the authorized person returning the ETC

- UAS to service.

20. Any ETC

- UAS t hat has undergone maintenance or alterations that affect the UAS operation or flight characteristics (e.g., replacement of a flight critical component)

must timely undergo a functional test flight in accordance with Elizabethtown ’s Operations Manuals. The PIC who conducts the functional test flight must make an entry in the UAS aircraft records of the flight. The requirements and procedures for a functional test flight and ETC

- UAS record entry shall be included in the

Elizabethtown ’s Operations Manuals.

21. Th e ETC

- UAS will be operated and maintained according to the Manufacturer's Manuals and any required manufacturer Safety/Service Bulletins and product updates

.U.S Department of Transportation

January 14, 2016 Page 10

22. Prior to the operation, a Mission Packet will be created in accordance with the requirements on E lizabethtown ’s Operations Manuals.

23. Elizabethtown will obtain an Air Traffic Organization ("ATO") issued Certificate of Waiver or Authorization, otherwise known as a COA, prior to conducting any operations under this Grant of Exemption. A NOTAM will be is sued as required by the COA. All operations will be conducted in accordance with airspace requirements in the ATO issued COA including class of airspace, altitude level and potential transponder requirements.

24. All required permissions and permits will be o btained from territorial, state, county or city jurisdictions, including local law enforcement, fire or other appropriate governmental agencies.

25. If the ETC

- UAS loses communication with the PIC , it will have the capability to safely return to a pre

- determi ned location within the operational area and land safely.

26. Contingency plans will be in place to safely terminate flight if there is a loss of

communication between the PIC and the Observer.

27. The ETC

- UAS will have the capability to safely abort flight in t he case of unpredicted obstacles or emergencies.

28. PICs and Observers will have at least a curren t Class III Medical Certificate or a valid

and current state driver’s license issued within the United States

.

29. Prior to conducting operations for filming, th e PIC will have accumulated and logged, in a manner consistent with 14 CFR § 61.51(b), a minimum of 200 flight cycles and 25 hours total time as a UAS rotorcraft pilot and at least 10 hours logged as a UAS

p i lot with a similar ETC

- UAS type platform

. This r equirement can be achieved by flights conducted and logged as a hobbyist

.

30. Prior to conducting operations for filming, the PIC will have accumulated and logged,

in a manner consistent with 14 CFR § 61.51(b) , a minimum of hours pursuant to 54 CFR § 61.51(b) as UAS pilot operating the make and model of ETC

- UAS to be utilized for operations under the exemption and three take

- offs and three landing in the preceding 90 days

.

31. Operations shall occur during daytime VFR Meteorological Conditions; flights under

spec ial visual flight rules ("SVFR") shall not be conducted.

32. The ETC

- UAS shall remain clear and yield the right of way to all other manned operations and activities at all times (including, but not limited to, ultralight vehicles, parachute activities, parasa iling activities, hang gliders, etc.).U.S Department of Transportation

January 14, 2016 Page 11

33. ETC

- UAS Operations under Instrument Flight Rules, at night, or beyond VLOS are prohibited.

34. The UAS will not be operated from an elevated platform unless designed and engineered specifically for such purposes and be in compliance with the general restrictions imposed by the applicable regulations . Additionally no PIC will provide any film

- flight operations while in motion from atop any elevated platform vehicle or

device

.

35. Before conducting operations, the radio frequ ency spectrum used for operation and

control of the ETC

- UAS will comply with the Federal Communications Commission (FCC) or other appropriate government oversight agency requirements.

V

. REGULATIONS FROM WHICH EXEMPTION IS REQ UESTED

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This statutory authority, by its terms, includes exempting civil aircraft, as the term is defined under § 40101 of the Act, including UASs, from its safety regulations and minimum standards w hen the Administrator decides a requested exemption is in the public interest. 3

Elizabethtown seeks an exemption from several interrelated provisions of Title 14 of the Code of Federal Regulations ("14 C.F.R") Parts 21, 45, 61 and 91 for purposes of cond ucting the requested operations using ETC

- UAS platforms noted above . Listed below are: (1) the specific sections of 14 C.F.R for which exemption is sought, and (2) the operating procedures and safeguards that Petitioner has established which will ensure a level of safety better than or equal to the rules from which exemption is sought. 4

UNMANNED AIRCRAFT SYSTEM

A. 14 C.F.R. Part 21, Subpart H

– Airworthiness Certificates and 14 C.F.R. §91.203(a)(1)

The FAA has stated that no exemption is needed from this se ction if a finding is made under the Reform Act that the UAS selected provides an equivalent level of safety when compared to aircraft normally used for the same application. These criteria are met and in point of fact

exceeded

, and therefore no exemption is needed. 5 If, however, the FAA determines that there

3 49 U.S.C. § 44701(f) (authorizing the grant of exemptions from requirements of regulations prescribed pursuant to Sections 44701(a) and (b) and Sections 44702

- 44716).

4 14 C.F.R § 11.81(e), which requires a petition for exemption to include: The reasons why granting the exemption would not adversely affect safety, or how the exemption would provide a level of safety at least equal to th at provi d ed by the rule from which you seek exemption.

5 See Grant of Exemption No. 11062 to Astraeus Aerial (FAA

- 2014

- 0352 at pgs. 13

- 14, 22).U.S Department of Transportation

January 14, 2016 Page 12

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

Equivalent Level of Safety

Elizabethtown ’s use of the ETC

- UAS is safe whe n taking into account their size, weight, speed, and operational capability. As set forth in the description of proposed operations in Section IV (A), the ETC

- UAS weigh s less than 55 poun ds , including payload and will not be flown at a ground speed in exce ss of 50 knots. The ETC

- UAS is also equipped with safety features which will allow Petitioner to operate the ETC

- UAS safely after experienc ing certain in

- flight contingencies or failures as noted below

. 6 7 Additionally, the ETC

- UAS carr ies neither pilots nor

passengers, carr ies no explosive materials or flammable liquid fuels, or other elements identified by Homeland Security as being prohibitive and operate exclusively within the parameters stated

in Elizabethtown ’s Operations Manuals

.

Operations conduc ted under this exemption will be closely controlled and monitored by the PIC operator and will be conducted in compliance with local public safety requirements, to provide security for the area of operation. Elizabethtown will also provide the FAA with adv ance notice of all operations via NOTAMs as required by the applicable COA. In all cases, operation of the

ETC

- UAS under the proposed conditions will be at least as safe as, or safer than, conventional rotorcraft operating with an airworthiness certificate

. Lastly, the ETC

- UAS do es not need a means to communicate with other aircraft or ATC, because those capabilities will be solely possessed by the PIC and Observer, who are not onboard the ETC

- UAS

. 8 In addition, no sense

-

6 See e.g., Grant of Exemption No. 11184 to Low Country RC, Corp. (FAA

- 2014

- 0803 at pg. 3): "The [DJI S1000]

h as the capability to operate safely after experiencing certain in

- flight contingencies or failures and uses an auto

pilot system to maintain UAS stability and control. The UAS is also able to respond to a loss of global positioning system (GPS) or a lost

- l ink event with a pre

- coordinated, predictable, automated flight maneuver, and manual flight control functionality as a backup. These safety features provide an equivalent level of safety compared to a manned aircraft performing a similar operation."

7 See e.g., Grant of Exemption No. 11184 to VDOS Global, LLC. (FAA

- 2014

- 0382 at pgs. 4

- 5): "The ETC

- UAS can be operated entirely by a touch

- screen, map

- based interface. This means the operator only needs to command the system where to go, and the system does al l the flying for the operator. The ETC

- UAS can be operated in both semi and fully autonomous flight modes, with the operator simply clicking on a map to create a pre

- planned flight path for a flight. In addition, the operator can create no fly zones or max imum flight ranges and altitudes so the system cannot enter areas deemed unsafe or unnecessary to fly over. The petitioner states further that the UAS has built

- in intelligent fault handling which allows the ETC

- UAS to detect a system fault while in the ai r and automatically fly back to its takeoff location and land. Faults that can be detected include: loss of communication; exceeding pre

- set wind thresholds; and low battery levels.

All flight operations are global positioning system (GPS) controlled, mak ing the system easy to navigate. At any point if the operator is not explicitly commanding the system to move, the system automatically holds its GPS position. The flight control system employs not only GPS positioning but a variety of sensors including so nar, barometric pressure, temperature, wind speed and others to ensure stability so long as wind thresholds are not exceeded. Also a flight termination link

– to prevent a 'fly away' or other potentially dangerous situation

– is available to the operator."

8 See Grant of Exemption No. 11062 to Astraeus Ae rial (FAA

- 2014

- 0352 at pg. 13)U.S Department of Transportation

January 14, 2016 Page 13

and

- avoid technology is necessary f or the ETC

- UAS s because they will be operated at all times in VFR conditions and within VLOS of the PIC and Operator

. 9

B. 14 C.F.R. Part 27 Airworthiness Standards: Normal Category Rotorcraft

Title 14 C.F.R. Part 27 sets forth the procedural requirements fo r airworthiness certification of normal category rotorcraft. To the extent that Elizabethtown ’s small ETC

- UAS would otherwise require certification under Part 27, Petitioner seeks an exemption from Part 27's airworthiness

standards for the same reasons ide ntified in the request for exemption from 14 C.F.R. R. Part 21, Subpart H, supra

.

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

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

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

No person may operate a U.S.

- registered civil aircraft unless that aircraft

is i dentified in accordance with Part 45 of this chapter.

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

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

- sport category aircraft or experimental or provisionally certificated aircraft, the operator must also display on that aircraft 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.

● 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 determi ned that exemption from these requirements was warranted provided that the aircraft "have identification (N

- Number) markings in accordance with 14 C.F.R Part 45, Subpart C if the markings are as large as practicable." 10

9 . IdU.S Department of Transportation

January 14, 2016 Page 14

Equivalent Level of Safety

The ETC

- U AS flown by Elizabethtown will bear N

- number markings that are as large as practicable in accordance with 14 C.F.R. Part 45, Subpart C. 11

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

Elizabethtown s eeks an exemption from the maintenance inspection requirements contained in 14 C.F.R. § 91.405(a), 91.407(a)(1), 91.409(a)(2); 91.417(a) and (b). These regulations specify maintenance and inspection standards in reference to 14 C.F.R. Part 43. See, e.g., 1 4 C.F.R. § 91.405(a) (stating that each owner or operator of an aircraft "[s]hall have the aircraft inspected as prescribed in subpart E of this part and shall between required inspections ...have discrepancies repaired as prescribed in part 43 of this chapt er"). An exemption from these regulations is needed because Part 43 and these sections only apply to aircraft with an airworthiness certificate, which

the UAS platforms to be operated under this grant of exemption will not have

. (Emphasis added)

Equivale nt Level of Safety

An equivalent level of safety will be achieved or exceeded because maintenance and inspections

will be timely performed in accordance with the Manufacturer's Manual and any required manufacturer Safety or Service Bulletins. Further, as required by Elizabethtown ’s Operations Manuals, the PIC will conduct a pre

- flight inspection of the ETC

- UAS and all associated equipment to account for all discrepancies and/or inoperable components. Maintenance will be performed and verified to address an y conditions potentially affecting safe operation of the ETC

UAS and no flights will occur unless, and until, all flight critical components of the ETC

- UAS

ha s been found to be airworthy and in a condition safe for operation. A functional test flight will be conducted following the replacement of any flight

- critical components. As required by

Elizabethtown ’s Operations Manuals, the PIC who conducts the functional test flight will make an entry in the ETC

- UAS aircraft records of the flight.

Elizabethtown ’s Operations Manual also includes requirements to follow the manufacturer’s UAS aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements for the following applicable components: powertrain system (powerplant), propeller s, avionics and control surfaces (including ailerons/elevons), structures & airframe, camera system, electrical systems (including batteries), ground control station, hazard accessories, and spare parts. Further, Elizabethtown ’s Operations Manuals also inc lude procedures to document and maintain a record of the ETC

- UAS ’s maintenance, preventative maintenance, alterations, status of replacement /overhaul component parts, and the total time in

service of the ETC

- UAS s used under this Grant of Exemption. As a w hole, the maintenance and inspection procedures required in Elizabethtown ’s Operations Manuals ensure that an equivalent or higher level of safety will be achieved.

10

. FAA Docket No. FAA

- 2014

- 0352.

11

. See, e.g., FAA D ocket No. FAA

- 2014

- 0352, at 14.U.S Department of Transportation

January 14, 2016 Page 15

PILOT

- IN

- COMMAND OF THE UAS

E. 14 C.F.R. § 61.113: Private Pilot Privileges and Limitations

Elizabethtown seeks exemption from 14 CFR § 61.113, which restricts private pilot certificate holders from flying aircraft for compensation or hire, and would also require a second class medical certificate. The purpose of Part 61 is to ensure that the ski ll and competency of any PIC matches the airspace in which the PIC will be operating, as well as requiring certifications if the private pilot is carrying passengers or cargo for hire. In this case, while the ETC

- UAS will be operated as part of a commercia l oper ation, they carr y neither passengers nor cargo. In the Grant of Exemption to Astraeus Aerial, the FAA determined that the unique characteristics of UAS operation outside of controlled airspace did not warrant the addition al cost and restrictions

att endant with requiring the PIC to have a Commercial Pilot Certificate and Class I I I Medical

Certificate. 12 The fulfillment of the additional requirements for a private pilot to become qualified as a commercial pilot would not lead to any additional safety be nefits when UAS operations are involved.

Equivalent Level of Safety

The restrictions Elizabethtown has placed on its ETC

- UAS operations meet or exceed the restrictions similarly imposed on Astraeus Aerial. Elizabethtown will operate on private property away from persons and property not involved in the operation. Elizabethtown will also obtain an ATO issued COA prior to conducting any operations under this Grant of Exemption. All operations will be conducted in accordance with airspace requirements in the ATO issued COA including class of airspace, altitude level and potential transponder requirements. A NOTAM will also be issued as required by the applicable COA.

In addition to these flight restrictions, Elizabethtown will further ensure safe operatio n by requiring that any PIC be thoroughly versed not only in airspace and communication issues pertaining to all aircraft operators but also in the unique aspects of ETC

- UAS flight. As set forth

in the Operations Manuals, pilots will have experience not o nly in ETC

- UAS operations generally but have logged flight time in the specific make and model used for the operations before they are permitted to participate in commercial flights on behalf of Elizabethtown . The pilot qualification, training, and currenc y requirements in the Operations Manuals ensure that

Elizabethtown pilot is competent and proficient in the ETC

- UAS operated

. Elizabethtown ’s training and qualification requirements are consistent with those contained in prior FAA Section

333 Grants of Exe mption, and will provide a higher level of competency and proficiency for its pilots and will ensure at least an equivalent level of safety to the public

.

OPERATING PARAMETERS OF THE UAS

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

12 Exemption No. 11062 (FAA Docket No. FAA

- 2014

- 0352).U.S Department of Transportation

January 14, 2016 Page 16

I nasmuch as there will be no airworthiness certificate issued for the UASs, Elizabethtown seeks an exemption from 14 C.F.R. § 91.7(a), which requires that a civil aircraft be in airworthy condition to be operated. The FAA has stated that no exemption is required for 14 C.F .R. § 91.7(a) to the extent that the requirements of Part 21 are waived or found inapplicable. 13 Accordingly, Petitioner requests that the requirements for § 91.7(a) be treated in accordance with

Section V( A), supra.

G. 14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft and 14 C.F.R. § 91.203(a) and (b): Carrying Civil Aircraft Certification and Registration

Title 14 C.F.R. § 91.9(b)(2) and § 91.203(a) and (b) require the operator to carry airworthiness

documents and other aircraft manuals o nboard the aircraft. Pursuant to 14 C.F.R. § 91.9(b)(2):

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

- registered civil aircraft

–

... (2) For which an Airplane or Rotorcraft Flight Manual is required by § 21.5 of this chapter, unless there is available in the aircraft a current approved Airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any combination

thereof.

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

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

(1) An appropriate and current airworthiness certificate...

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

Given the small size and configuration of the ETC

- UAS , it would be impossible to keep

airworthiness documents and other aircraft manuals on bo ard the ETC

- UAS because there is simply no room and the ETC

- UAS has no cabin or cockpit. As a way to comply with the code

Elizabethtown will maintain the documents with the PIC and make them available for inspection.

Equivalent Level of Safety

In an FAA Office of Chief Counsel's Opinion dated August 8, 2014, and prepared by Dean E. Griffith, Attorney, AGC

- 220, it was acknowledged that the intent of 14 C.F.R. 91.9(b) and 91.203(a) and (b) is met if the pilot of the unmanned aircraft has access to the UAS flight manual, registration certificate, and other required documents from the ground control station

13 See Id. at 13

- 14, 22.U.S Department of Transportation

January 14, 2016 Page 17

from which he or she is operating the aircraft. 14 As this FAA Office of Chief Counsel Opinion clarifies, the intent of the rule is to ensure the pilot ha s access to these key documents during flight. Therefore, an equivalent level of safety will be achieved by ensuring that the pilot has access to the documents at the ground control station from which he or she is piloting the UAS.

H. 14 C.F.R. § 91.103: Preflight Action

Elizabethtown seeks an exemption from 14 C.F.R. § 91.103, which requires a PIC to become familiar with specific information before each flight, including information contained in the

FAA

- approved Flight Manual on board the aircraft. While the PIC will be familiar with all information necessary to safely conduct the flight, an exemption is requested to the extent that an

FAA

- approved Flight Manual is required.

Equivalent Level of Safety

An equivalent level of safety will be provided by fo llowing the Elizabethtown ’s Operations Manuals and the Manufacturer's Manual. The PIC will perform a series of checklists designed to identify any defects or inoperable components in accordance with the Elizabethtown ’s Operations Manuals, including checkli sts covering Pre

- Flight, Launch, Landing, and Post

- Flight procedures. The PIC will also be required to review weather, flight requirements, battery charge, landing and takeoff distance, UA performance data, and contingency landing areas

— before

initiation o f flight. Elizabethtown ’s Operations Manuals and the Manufacturer's Manual will be kept at the ground control station and will be accessible to the PIC at all times while operating

the UAS.

I. 14 C.F.R. § 91.109(a): Flight Instruction

Elizabethtown seek s an exemption from 14 C.F.R. § 91.109(a), which provides in pertinent part that "[n]o person may operate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has fully functioning dual controls." U ASs and remotely piloted aircraft, by their design, do not have functional dual controls. Instead, flight control is accomplished through the use of a device that communicates with the aircraft via radio communications. Accordingly, an exemption will be re quired for the flight instruction requirements of 14 C.F.R. § 91.109(a).

Equivalent Level of Safety

Given the size and speed of the UAS that Elizabethtown intends to use an equivalent level of safe training can still be performed without dual controls be cause no pilot or passengers are aboard the UAS, and as required by the Elizabethtown ’s Operations Manuals, all persons will be a safe distance away in the event that the UAS experiences any difficulties during flight

14 Memorandum from Mark Bury, FAA Assistant Chief Counsel for International Law, Legislation and Regulation, to John Duncan, FAA Flight Standards Service (Aug. 8, 2014); see also Docket No. FAA

- 2014

- 0352 at 16

- 18.U.S Department of Transportation

January 14, 2016 Page 18

instruction. Moreover, as required by the Elizabethtown ’s Operations Manuals, all flight training will be conducted in controlled and sterile environment. As a whole, the safety procedures provided for in Elizabethtown ’s Operations Manuals ensure that the proposed UAS operations provide an eq uivalent or higher level of safety than that provided by the flight instruction regulations.

J. 14 C.F.R. § 91.119(c): Minimum Safe Altitudes

Elizabethtown requests an exemption from the minimum safe altitude requirements of 14 C.F.R. § 91.119(c). 15 Sec tion 91. 119 prescribes the minimum safe altitudes under which aircraft may not operate, including 500 feet above the surface and away from any person, vessel, vehicle, or

structure in non

- congested areas. See 14 C.F.R. § 91.119(c). Section 91.119(d) allows for a helicopter to operate at less than those minimum altitudes when it can be operated "without hazard to persons or property on the surface," provided that "each person operating the helicopter complies with any routes or altitudes specifically prescri bed for helicopters by the FAA."

An exemption is required because the proposed ETC

- UAS operation will normally need to o c cur below 400 feet AGL. In circumstances where the ETC

- UAS is used to inspect a structure whose height exceeds 400 feet AGL, the ETC

- U AS will not be operated more than 100 feet above the highest point on the structure, and within 50 feet horizontally of the structure. Add i tionally, due the nature of the proposed operations, the Pilot and/or Observers(s) may need to be less than 500

feet away from the ETC

- UAS

.

Equivalent Level of Safety

Compared to flight operations with rotorcraft weighing far more than the maximum weights proposed herein, and given the lack of flammable fuel with the above noted UASs, any risk associated with these ope rations is far less than those which presently exist with conventional

ai r craft. An equivalent level of safety will be achieved given the size, weight, and speed of the

ETC

- UAS s, as well as the controlled location where the operations will occur. In order to avoid any risk to manned aircraft, flight operations will be restricted to 400 feet AGL or below, or when inspec t ing a U.S. structure whose height exceeds 400 feet AGL, within 100 feet above the highest point on that structure and 50 feet horizontally o f the structure.

As set forth in the Operations Manuals, the ETC

- UAS s will be operated in a restricted area, and all flights will be operated at a lateral distance of at least 500 feet from any nonparticipating persons, unless that person is in a position where he or she is shielded from the ETC

- UAS and any possible debris resulting from its failure. As required by the Operations Manuals, flights will be terminated if a nonparticipating person within 500 feet of the ETC

- UAS leaves a shielded position. Fur ther, its operations will occur at least 500 feet away from vehicles or structures

15 Relief from § 91.119(a) will not be necess ary because Petitioner will be able to perform an emergency landing without undue hazard to persons or property on the ground in the event of a failure. Petitioner's proposed UAS operations will not occur over congested areas, and therefore an exemption fr om § 91.119(b) will not be necessary. See e.g., Grant of Exemption No. 11157 to Slugwear, Inc., dba Like on a tree Aerial (FAA

- 2014

- 0534 at 15).U.S Department of Transportation

January 14, 2016 Page 19

unless the property owner/controller timely has granted permission and the PIC has made a safety assessment of the risk of operating closer to those objects and, operations near the PIC or Observer will not present an undue hazard per § 91.119(a). Adherence to these restrictions in

Elizabethtown ’s Operations Manuals will ensure operations can be conducted without compromising public safety. 16

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

Elizabethtown seeks an exemption from 14 C.F.R. § 91.121, which 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 departure airport or barometri c pressure. An exemption is required to the extent that the UASs do not have a barometric altimeter, but rather a GPS altitude read out.

Equivalent Level of Safety

The FAA has stated that an equivalent level of safety to the requirements of 14 C.F.R. §91 .121 can be achieved in circumstances where: (1) the UASs will be operated below 400 feet AGL or

below 17 , (2) within VLOS, (3) where GPS based altitude information is relayed in real time to the operator at a ground

- based on

- screen display and, (4) where pr ior to each flight, a zero altitude initiation point is established for the PIC to confirm accuracy of the onboard GPS. 18

The ETC

- UAS that Elizabethtown intends to use for the proposed operations will meet all these operational characteristics. Moreover, a s required by Elizabethtown ’s Operations Manuals, the PIC will be required to calibrate the aircraft's GPS compass prior to each flight operation. Like prior FAA Section 333 Grants of Exemption, the ETC

- UAS Elizabethtown intends to use, and the safety miti gation procedures contained in the Operations Manuals, both ensure that an equivalent level of safety or greater level will be achieved, and a Grant of Exemption to the requirements of § 191.121 is therefore appropriate

.

16 See e.g., Grant of Exemption No. 11138 to Douglas Trudeau (FAA

- 2014

- 0481 at 19): "If ba r riers or structures are present that can sufficiently protect nonparticipating persons from the UA or debris in the event of an accident, then the UA may operate closer than 500 feet to persons afforded such protection. The operator must also ensure that nonparticipating per sons remain under such protection. If a situation arises where nonparticipating persons leave such protection and are within 500 feet of the UA, flight operations must cease immediately. When conside r ing how to immediately cease operations, the primary con cern is the safety of those nonparticipating persons. In add i tion, the FAA finds that operations may be conducted closer than 500 feet to vessels, vehicles and structures when the owner/controller of any such vessels, vehicles or structures grants permissi on for the operation and the PIC makes a safety assessment of the risk of operating closer to those objects and determines that it does not present an undue

ha z ard."

17 If the height of the structure being inspected exceeds 400 feet AGL, the UAS will not b e ope r ated more than 100 feet above the highest point on the structure.

18 See Grant of Exemption No. 11062 to Astraeus Aerial (FAA

- 2014

- 0352 at 21).U.S Department of Transportation

January 14, 2016 Page 20

L. 14 C.F.R. § 91.151(a): Fuel Requi rements for Flight in VFR Conditions

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

VFR conditions. Section 91.151 states:

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

– (1) During the day, to fly after that for at least 30 minutes; or

(2) At night, to fly after that for at least 45 minutes.

Here, the technological limitations on UAS battery power means that no meaningful flight operations can be conducted while still maintaining a 30

- minute battery reserve. An exemption from the fuel requirements of 14 C.F.R. § 91.151(a) is therefore required. Moreover, it is not

Elizabethtown ’s intention to fly the ETC

- UAS s at night.

Equivalent Level of Safety

In the Grant of Exemption to VDOS (Exemption No. 11112), the FAA determined that an equivalent level of safety to the fuel req uirements for flight in VFR conditions could be achieved by prohibiting the PIC from beginning a ETC

- UAS flight unless (considering wind and forecast weather conditions) there was enough power to fly to the first intended point of landing and, assuming nor mal cruising speed, to fly after that for at least 10 minutes. In reaching this conclusion, the FAA considered that the UAS batteries for the ETC

- UAS provide approximately 50 minutes of powered flight (with payload) and provided battery level and battery t ime remaining in minutes and seconds to the PIC. 19 The FAA also considered the fact the ETC

- UAS operating manual states: “start every flight with a fully charged battery in the aerial vehicle”, and

that in the event that the ETC

- UAS should run low on power, the PIC will be alerted and can safely land the ETC

- UAS as soon as possible. Like the VDOS Grant of Exemption,

Elizabethtown ’s use of the ETC

- UAS s , combined with the requirements of Petitioner's Operations Manuals, ensure that an equivalent level of safet y can be achieved and in fact

exceeded

.

Similarly, in the Grant of Exemption to Alan Purwin (Exemption No. 11161), the FAA determined that an equivalent level of safety to the fuel requirements for flight in VFR conditions could be achieved by prohibiting the PIC from beginning a flight with the UA unless (considering wind and forecast weather conditions), there was enough power to safely fly at normal cruising speed to the intended landing point and land the UA with 25% battery power remaining. Elizabeth town will adhere to this limitation for its ETC

- UAS flights.

The ETC

- UAS includes a low battery warning system and the amount of battery reserve power remaining is continuously transmitted to the PIC via telemetric data feed, which downlinks from

19

. Grant of Exemption No. 11112 to VDOS Global, LLC (FAA

- 2014

- 0382 at 10).U.S Department of Transportation

January 14, 2016 Page 21

the ETC

- U AS to a ground

- based

- on

- screen display. 20 As required by Elizabethtown ’s Operations Manuals, the PIC will promptly fly the ETC

- UAS back to the home launch location or pre

det ermined abort location where it may safely land, while still maintaining a minimum of 25% reserve battery power. Elizabethtown submits that the procedures requiring flights to be safely terminated once the batteries fall below 25% capacity, combined with the requirement that flights only be conducted within a secure, isolated area, usin g a UAS weighing less than 5 5 pounds, and within VLOS of the PIC and Observer(s), ensure that the proposed operation will provide an equivalent or higher level of safety to the public to that provided by the regulations from which exemption is sought

.

VI. DRUG AND ALCOHOL PROGRAM

Elizabethtown will have policies in place to ensure that no person may participate in ETC

- UAS s flight operations if they are under the influence of alcohol or any drug.

VII. PUBLIC INTEREST

The public interest will be served by granting Elizabethtown ’s Petition for Exemption. Congress has established a national policy that favors early integration of UAS into the NAS in controlled, safe working environments such as those proposed in this Petition. Granting this Petition for

E xemption helps fulfill Congress' goal in passing Section 333(a) through (c) of the Reform

Act

— the FAA Administrator's assessment of whether certain UAS may operate safely in the NAS before completion of the statutorily required rulemaking.

The proposed ET C

- UAS operations in this Petition for Exemption significantly improve s the safety and reduce s risk of harm, physical injury and property damage to the school’s students and public at large, the property owners from whom permission was granted for use by Pe titioner and abutting properties, staff of Petitioner, unsuspecti n g passersby, inspecting engineers from relevant organizations and all those who may be in the local vicinity . Traditional methods of inspecting and monitoring potential locations and relevan t sites and facilities requires location personnel to climb towers

, trees, venture onto precarious roofs and other dangerous scenarios

, perform elevated work for which the individual is neither trained n or equipped to perform

, which exposes them to unnece ssary risk of serious physical injury from dangerous falls or other physical mishaps

. Moreover, inspectors/surv eyors are often unnecessarily exposed to hazardous conditions, unsafe environments, culturally tense situations and other hazards associated with identifying specific locations for potential recording sites to be used in the end product

. The use of small UASs can eliminate these hazards and ultimately creat e a much safer method of performing these types of inspections creating a safer environment for the public as well as

Elizabethtown employees.

20 . T he ETC

- UAS ground control station displays, the UASs position, navigation route, tail number, altitude, heading, north seeking arrow, range to targets, calculated target position, date/time, and sensor heading and

orie n tation relative to the UAS.U.S Department of Transportation

January 14, 2016 Page 22

The use of small UASs also enhances safety and reduces risk to the surrounding public because, unlike manned aircraft weighing thousands of pounds, carrying crew in addition to flammable

fue l, the UASs ca rry no passengers, crew or explosive fuel . Further more , in the unlikely event of an accident, Elizabethtown ’s small battery powered ETC

- UAS s presents significantly less danger to persons on the ground when compared to operations by conventional manned airc raft. 21 As

Petitioner's ETC

- UAS is battery powered, the public will also benefit from a reduction in

harmful petroleum based emissions associated with conventional aircraft performing in the same functions proposed herein. Air quality will naturally be imp roved with the reduction of fuel powered vehicles.

Lastly, as recognized by the FAA in prior Section 333 Grants of Exemption to filmmakers, UASs provide an additional economic tool for the aerial filming notwithstanding the industry, adding a greater de gree of flexibility, which supplements the current capabilities offered by manned

aircraft. 22

VIII. PRIVACY

All ETC

- UAS operations will be conducted in accordance with applicable federal, state, and local laws regarding privacy. All operations shall b e conducted over private or controlled

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

conducted.

IX. F EDERAL REGISTER SUMMARY

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the FEDERAL REGISTER, should it be determined that publication is needed: Petitioner seeks an exemption from the following rules in Title 14 of the Code of Federal Regulations:

Part 21, Subpart H; Part 27; 45.23(b); 45.27(a); 61.113; 91.7(a); 91.9(b)(2); 91.9(c); 91.103; 91.109(a); 91.119(c); 91.121; 91.151(a); 91.203 (a) & (b); 91.405(a); 91.407(a)(1); 91.409(a)(1) & (2); 91.417 (a) & (b).

The exem ption will enhance safety by reducing risk to the aircraft crew, production crew, general public, property owners and city structures from the substantial hazards associated with

21 See Grant of Exemption No. 11158 to Team 5, LLC (FAA

- 2014

- 0783 at 12): "Manned hel i copters conducting aerial filming can weigh 6,000 pounds or more and are operated by an onboard pilot, in addition to other onboard crewmembers, as necessary. The petitioner ’s UAs will weigh less than 55 pounds with no onboard pilot or crew. The pilot and crew will be r e motely located from the aircraft. The limited weight significantly reduces the potential for harm to participating and nonparticipating individuals or propert y in the event of an incident or acc i dent. risk to an onboard pilot and crew during an incident or accident is eliminated with the use of a UA for the aerial filming operation."

22 See e.g., Grant of Exemption No. 11178 to Picture Factory, Inc. (FAA

- 2014

- 0794 at 18).U.S Department of Transportation

January 14, 2016 Page 23

performing equivalent film work and aerial video production with conventional fixed

- wing aircraft, rotorcraft, or other methods.

X. CONCLUSION

Elizabethtown ’s Petition for Exemption satisfies the criteria articulated in Section 333 of the

Reform Act of 2012 which includ es weight ; speed ; operating capabilities ; proximity to airports and populated areas ; operation within VLOS and national security. The proposed ETC

- UAS operations will benefit the public as a whole by improving safety and reducing risk by alleviating human exposure to danger while lowering the attendant related costs of production. In consideration of the foregoing, this Petition for Exemption provides the FAA with more than adequate justification for granting the requested exemptions allowing Elizabethtown to use small

ETC

- UAS s in the recorded production of its product

.

We thank you for your prompt consideration of our requested exemptions.

Respectfully Submitted,

Andy Williams Communications Department Elizabethtown College 1 Alpha Drive Elizabethtown, PA 17022 Phone: ( 717.361.6414 ) Email: williamsaw@etown.eduU.S Department of Transportation

January 14, 2016 Page 24

(The following attached items contain proprietary and commercial information exempt from disclosure under the Freedom of Information Act, 5 U.S.C. § 522 et seq., and should be held in a separate f ile pursuant to 14 C.F.R. § 11.35(b)).

Attachments:

1. General Operations Manual 2. PIC Operating Manual

3. Company Protocols

4. Location Protocols 5. Flight Communications Protocols 6. Departing Location Protocols

7. Transmitter Protocols 8. Preflight C hecklist 9. Post Flight Checklist 10. Equipment Checklist

11. UAS Manufacturer’s Manuals

a. User Manuals

b. UAS Maintenance Manuals

PETITIONER REQUESTS THAT GOOD CAUSE EXISTS TO EXEMPT ANY PART OF

THIS PETITION FROM BEING PUBLISHED IN THE FEDERAL REGISTER PUBLIC

FORUM BECAUSE THE REQUESTED EXEMPTION WOULD NOT SET A PRECEDENT, AND ANY DELAY IN ACTING ON THIS PETITION WOULD BE

DETRIMENTAL TO THE PETITIONER.