Page 1 of 16

January 27, 2016

Autonomous Flight Systems Laboratory William E. Boeing Department of Aeronautics & Astronautics University of Washington

Box 352250 Seattle, WA 98195

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

Re. Petition of the University of Washington for Summary Grant of Exemption Pursuant to

Section 333 of the FAA Modernization and Reform Act of 2012

To Wh o m I t May Concern:

Pursuant to Section 333 of the FAA Modernizations and Reform Act of 2012 (Reform Act) and 14 C.F.R. Part 11, the University of Washington (hereinafter sometimes referred to as “UW” or “the University”) hereby applies for a Summary Grant of Exemption from the Federal

Aviation Regulations (FARs) identified below , to operate small unmanned aerial vehicles ( i.e.

, small unmanned aircraft systems or UAS) for the purpose of conducting aerial dat a collection, including aerial imaging and remote sensing and surveying, in support of its education and research operations. UW respectfully submits that this Petition for Exemption qualifies for expedited approval, as the Federal Aviation Administration (FAA) has previously issued grants of exemption in circumstances similar in all material respect to those presented herein.

In addition to this Petition for Exemption, UW will also submit the “ UW Skywalker X8 Aircraft Flight Manual ” under separate cover. UW submits this Manual as a confidential document under separate cover pursuant to 14 C.F.R. § 11.35(b), as the Manual contains confidential commercial and proprietary information that UW has not and will not share with others. The information contained in the Operations Manual is not generally available to the public and is protected from release under the Freedom of Information Act, 5 U.S.C. § 552 et

seq

.Page 2 of 16

For you convenience, this Petition is organized as follows:

Table of Contents

I. Background & Description of the Petitioner

................................ ................................ ......................... 3

II. Description of the Proposed Operation

................................ ................................ ................................ 3

III. Relevant Statutory Authority

................................ ................................ ................................ ............ 5

IV. UW’s Proposed UAS Operations Meet the Requirement of Section 333 of the Reform Act

........... 5

A. Approval is Warranted Based on th e UAS’s Size, Weight, Speed, and Operational Capability.

....... 5

B. Approval is Warranted Based on the Operational Restrictions in UW’s Operating Documents

...... 6

V. Regulations from Which Exemption is Sought

................................ ................................ ...................... 6

A. 91.9(c), 45.23(b), and 45.27(a): Aircraft Marking and Identification Requirements

........................ 7

B. 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2); 91.417(a) and (b): Maintenance Inspections

........... 8

C. 61.23(a) and (c), 61.113, 61.101(e)(4) and (5), 61.315: Private, Recreational and Sport Pilot
Medical Certificate, Privileges and Limitations

................................ ................................ ......................... 9

D. 91.7(a): Civil Aircraft Airworthiness

................................ ................................ ................................ 10

E. 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft and 91.203(a) and (b): Carrying Civil Aircraft
Certification and Registration

................................ ................................ ................................ ................. 10

F. 91.103: Preflight Action

................................ ................................ ................................ .................. 11

G. 91.109(a): Flight Instruction

................................ ................................ ................................ ............ 11

H. 91.119(c): Minimum Safe Altitudes Over Other Than Congested Areas

................................ ....... 12

I. 91.121: Altimeter Settings

................................ ................................ ................................ .............. 13

J. 91.151(a): Fuel Requirements for Flight in VFR Conditions

................................ ........................... 13

VI. Drug and Alcohol Program

................................ ................................ ................................ .............. 14

VII. Public Interest

................................ ................................ ................................ ................................ . 14

VIII. Privacy

................................ ................................ ................................ ................................ ............. 14

IX. Federal Register Summary

................................ ................................ ................................ .............. 14

X. Conclusion

................................ ................................ ................................ ................................ ........... 15Page 3 of 16

I. Background & Description of the Petitioner

The University of Washington was founded in 1861 and is one of the oldest universities on the West Coast. It is considered a public flagship research university and is the most respected institute of higher education in the Pacific Northwest. In 2006, the UW research budget passed the $1.0 billion mark. V irtually all of the funding came from peer

- reviewed research proposals. UW research budget consistently ranks among the top 5 in both public and private universities in the United States. UW is also the largest recipient of federal research funding among public universities and second among all public and private universities in the country, a position that the UW has held each year since 1974.

UAS research within the UW is an interdisciplinary topic. Departments such as Aeronautics & Astronautics, Civi l/Environmental Engineering, Electrical Engineering, Forestry, Earth and Space Sciences, and several others have active projects involving this type of technology. The ability to use UAS as part of a research program will have great

benefits to the UW and to the public as a whole. Granting this exemption would allow research and education to be performed that would otherwise be too costly, unsafe, or otherwise impossible.

In accordance with 14 C.F.R. §11.81(a), UW provides the following information in

su pport of its Petition for Exemption.

The contact information for the Petitioner is as follows:

Name: Christopher Lum, PhD

Research Scientist

Mailing Address: Christopher Lum University of Washington

Box 352250 Seattle, WA 98195

Phone: (206) 543

- 0539

Email: lum@u.washington.edu

II. Description of the Proposed Operation

The University of Washington seeks an exemption pursuant to Section 333 of the Reform

Act to use a UAS platform for aerial data collection in support of its education and researchPage 4 of 16

operati ons. By way of example, education and research programs supported by the proposed

UAS operations includes but is not limited to: agriculture education and research, aerial surveying and remote sensing, aerial photography and videography, engineering, aero nautical research and development, environment/climate monitoring, infrastructure and industrial inspections applications, natural resource management, wildlife/forestry management, and veterinary medicine. Aerial data collection by UW’s UAS would also be used to promote and market UW, as well as support student recreational and sport activities. Finally, aerial data collected by UAS may also be used by Facilities Management to monitor an d inspect UW buildings and infrastructure.

The UAS platform UW intends to use is the Skywalker X8, which ha s been approved for

commercial u se in other grants of exemption . As set forth below, the FAA has previously

determined that th is vehicle meet s the criteria established in Section 333 of the Reform Act

and is a suitable platform for performing aerial data collection.

All UAS operations will be performed in accordance with the accompany ing UW operating documents , and in accordance with the requirements of an applicable C OA. Among other things, and as detailed in the operating documents , all UAS operations will occur in uncontrolled airspace, within visual line

- of

- sigh t (VLOS) of the pilot and visual observer (VO), and will be limited to daytime visual flight rules (VFR) conditions. Moreover, UW’s operating documents incorporate redundant safeguards to enhance safety.

The proposed operations in this Petition for Exemption are not new o r novel to the FAA.

The FAA ha s previously issued grants of exemptions to use small UA S for aerial data collection in support of similar educational and research activities , including:

 Exemption No. 13157 to University of Wyoming to conduct educational research and training (Docket No. FAA

- 2015

- 3024)

 Exemption No. 11552 to Sinclair Communi ty College to conduct educational research and training (Docket No. FAA

- 2015

- 0374);

 Exemption No. 11304 to Auburn University Aviation Center to conduct training courses to instruct students in the operation of unmanned aircraft and their associated systems . (Docket No. FAA

- 2014

- 1014); and

 Exemption No. 11265 to the City of Roswell Coalition to perform research, development, and validation of a formal UAS training curriculum (Docket No.

FAA

- 2014

- 0732)

The low

- risk UAS operations proposed by UW in this Petit ion for Exemption fall squarely within the category of aerial data collection that has been subject to previous approval.Page 5 of 16

III. Relevant Statutory Authority

This Petition for Exemption is submitted pursuant to Section 333(a) through (c) of the

Reform Act. Co ngress has directed the FAA “to safely accelerate the integration of civil

unmanned aircraft systems into the national airspace system (NAS) .” Pursuant to Section 333 of the Reform Act, the FAA Administrator is to permit unmanned aircraft systems to

opera te in the NAS where it is safe to do so based on the following considerations:

 The UAS’s size, weight, speed, and operational capability;

 Operation of the UAS in close proximity to airport and populated areas; and

 Operation of the UAS within the visual line of sight (VLOS) of the operator.

Additionally , the FAA Administrator has general 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. §44701(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 bene fit the public as a whole, and (2) would not adversely affect safety (or how it would provide a level of safety at least equal to the existing rules). See 14. C.F.R. §11.81 (petitions for exemption).

IV. UW’s Proposed UAS Operations Meet the Requirement of Se ction 333 of the

Reform Act

UW’s proposed operations in this Petition for Exemption qualify for expedited approval via the summary grant process pursuant to Section 333 of the Reform Act, as each of the statutory criteria and relevant factors are satisfie d and the FAA has previously issued grants of exemption in circumstances similar in all material respects to those presented in this Petition for Exemption.

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

The FAA is familiar with and has already determined that th e vehicle chosen by UW

meet s the requirements of Section 333 of the Reform Act due to its weight, speed, and operational capabilities

.

 Skywalker X8: Exemption No. 11446

, 12646

The FAA has found the following characteristics of the Skywalker X8 to warrant approval for a grant of exemption:

 The aircraft weight is less than 55 pounds including payload;Page 6 of 16

 The aircraft has the capability to operate safely after experiencing certain in

- flight contingenc ies 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 GPS or a lost

- link event with a pre

coordinated, predictable , automated flight maneuver. These safety features provide an

eq uivalent level of safety compared to a manned aircraft performing a similar operation and mitigate the risk of command and control link failures;

 The radio frequencies used for operations and control of the UAS comply with the

Federal Communications Commis sion (FCC) and other appropriate government oversight agency requirements; and

 The UAS operate s at a speed of 87 knots or less.

B. Approval is Warranted Based on the Operational Restrictions in UW’s Operating

Documents

The “ UW Skywalker X8 Aircraft Flight Ma nual ” for the selected UAS platform (hereinafter collectively referred to as “operating documents”) contain all the procedures and limitations necessary to safely and successfully perform the proposed operations. To expedite the FAA’s safety assessment of UW’s proposed UAS operations, UW has tailored its operating documents to comply with the conditions and limitations imposed on similarly

situated petitioners seeking to use small UAS for aerial data collection. See e. g. Grant of Exemption No. 11552 issued to Sinclair Community College, Docket No. FAA

- 2015

- 0374. In particular, the operating documents contain systems and procedures to permit UW to comply with the conditions and limitations in the FAA’s Grant of Exemptions

. Id.

V. Regulations from Which Exemption is Sought

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 UAS, from i t s safety regulations and minimum standards when the Administrator decides a requested exemption is in the public interest 1

.

UW seeks an exemption from several interrelated provisions of 14 C.F.R. Parts 45, 61, and 91 for purpos es of conducting the requested operations using small UAS. These exemptions are detailed in Table 1

.

Table 1 : Summary of requested exemption s.

FAR Description 91.9(c) 45.23(b) 45.27(a) Aircraft Marking and Identification Requirements

91.405(a) Maintenance and Inspections Requirements

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

– 44716).Page 7 of 16

91.407(a)(1) 91.409(a)(1) and (2) 91.417(a) and (b) 61.23(a) and (c)

61.113 61.101(e)(4) and (5)

61.315 Private, Recreational, and Sport Pilot Medical Certificate, Privileges and Limitations

91.7(a) Civil Aircraft Airworthiness 91.9(b)(2) 91.203(a) and (b) Carrying Aircraft Flight Manual, Certification and Registration n

the Aircraft

91.103 Preflight Action 91.109(a) Flight Instruction 91.119(c) Minimum Safe Altitudes Over Other than Congested Areas

91.121 Altimeter Settings 91.151(a) Fuel Requirements for Flight in VFR Conditions

Listed below are the specific sections of 14 C.F.R. for which an exemption is sought, and the operating procedures and safety guards that the Petitioner has established which will ensure a level of safety better than or equal to the rules from which exemption is sought 2

.

A. 91.9(c), 45.23(b), and 4 5.27(a): Aircraft Marking and Identification Requirements

The UW 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, Mark ing and Placard Requirements, provides that:

No person may operate a U.S.

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

 14 C.F.R. § 45.23(b), Marking 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 the aircraft near each entrance to the cabin, cockpit, or pilot station, in letters

2 See 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 that provided by the rule from which you seek exemption.Page 8 of 16 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 operato r of a rotor craft must display on that rotorcraft horizontally on both surfaces of the cabin, fuselage, boom, or tail marks required by § 45.23.

In prior grants of exemption under Section 333 of the Reform Act, the FAA determined that exemptions from these requirements was warranted provided that the aircraft “have identification (N

- number) markings in accordance with 14 C. F .R. Part 45, Su bpart C if the

m arking s are as large as practicable. 3 ” All UAS flow by UW will bear N

- number markings

that ar e as large as practic able in accordance with 14 C.F.R . Part 45, Subpart C. 4

B. 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2); 91.417(a) and (b): Maintenance Inspections

UW seeks an exemption from the maintenance inspection requirements contained in 14 C.F.R. § 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2); 91.417(a) and (b). These regulations specify maintenance and inspection s tandards in reference to 14. C.F .R. Part 43. 5 An exemption from these regulations is needed because Part 43 and these sections only apply to aircraft with an airworthiness certificate, which the UAS to be operated under this grant of exemption will not have.

An equivalent level of safety will be achieved because maintenance and inspections will be performed in accordance with the operating documents and any required manufacturer Safety or Service Bulletins. Further, as required by the operating documents, the Pilot

- in

Command (PIC) will conduct a pre

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

the UAS an d no flights will occur unless, and until, all flight critical components of the UAS have 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 the operating documents, the PIC who conducts the funct ional test flight will make an entry in the UAS aircraft records of the flight.

The operating documents also include requirements to follow the UAS manufacturer’s maintenance, overhaul, replacement, inspection, and lif e limit requirements for the aircraft

3 FAA Docket No. FAA

- 2014

- 0352.

4 See, e

. g

. , FAA Docket No. FAA

- 2014

- 0352, at 14.

5 See e.g. , 14 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 and prescribed in part 45 of this chapter.”).Page 9 of 16

and aircraft components. Moreover, the operating documents also include procedures to document and maintain a record of the UAS maintenance, preventative maintenance, alterations, status of replacement/overhaul component parts, and the total time in serv ice of the Petitioner’s UAS. As a whole, the maintenance and inspection procedures required by Petitioner’s operating documents ensure that an equivalent or high er level of safety will be

achieved.

C. 61.23(a) and (c), 61.113, 61.101 (e) (4) and (5), 61.315: Private, Recreational and Sport Pilot Medical Certificate, Privileges and Limitations

The UW seeks exemption from these sections, which restricts private, recreational, or sport 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 skill 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 carryin g passengers or cargo for hire. In this case, while the UAS will be operated as part of a commercial operation, it carries neither

passengers nor cargo.

In the Grant of Exemption No. 11062 to Astraeus Aerial 6 , the FAA determined that the unique character istics of UAS operation outside of controlled airspace did not warrant the additional cost and restrictions attendant with requiring the PIC to have a Commercial Pilot Certificate and Class II Medical Certificate. The fulfillment of the additional requirem ents for a private pilot to become qualified as a commercial pilot would not lead to any additional safety benefits when UAS operations are involved.

More recently, the FAA determined that holders of recreational and sport pilot

certificates would also ha ve adequate aeronautical knowledge to pilot a UAS. Accordingly, because these individuals would also be subject to security screening by the Department of Homeland Security (DHS), the FAA determined that holders of recreational and sport pilot

certificate s would be qualified to serve as the PIC for UAS operations. 7

The restrictions the Petitioner has placed on its UAS operations meet or exceed the restrictions similarly imposed on Astraeus Aerial and other operators in more recently granted exemptions und er Section 333 of the FAA Reform Act. UW will operate away from persons and property that is not the subject matter of the flight. UW will also require all PICs to be thoroughly trained in the unique aspects of UAS flight. As set forth in the operating documents, pilots will have experience not only in 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 flight on behalf of UW. The pilot qualifi cation, training, and currency requirements in the ope rating documents ensure that UW’ s pilots are competent and proficient in the UAS they are operating. The Petitioner’s training and

6 FAA Docket No. FAA

- 2014

- 0352

7 See Grant of Exemption No. 11213 to Aeryon Labs, Inc. (Docket No. FAA

- 2014

- 0642 at pgs. 8

- 9).Page 10 of 16

qualification requirements are consistent with those contained in prio r FAA

- issued grants of exemption and will ensure at least an equivalent level of safety.

D. 91.7(a): Civil Aircraft Airworthiness

Inasmuch as there will be no airworthiness certificate issued for the UAS, UW seeks an exemption from 14 C.F.R. §91.7(a), which requires that a civil aircraft be in an airworthy condition to be operated. While the petitioner’s UAS will not have an airworthiness certificate, the FAA has determined that for the purposes of this exemption the pilot may

determine the aircraft is in a n airworthy condition prior to flight. The operating documents contain procedures which allow the PIC to determine whether the aircraft is in a condition

safe for f light, and an exemption from §91.7(a) is therefore warranted.

E. 91.9(b)(2): Civil Aircraft F light Manual in the Aircraft and 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 onboard the airc raft.

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 UAS, it would be impossible to keep

airworthiness documents and other aircraft manuals on board the UAS becaus e there is simply no room and the UAS has no cabin nor cockpit.Page 11 of 16

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) a nd (b) is met if the pilot of the unmanned aircraft has access to the UAS flight manual, registration certificate, and other required document from the ground control station from which he or she is operating the aircraft. 8 As this FAA Office of Chief

Cou nsel Opinion clarifies, the intent of the rule is to ensure the pilot has 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 s tation fr om which

he or she is piloting the UAS. 9

F. 91.103: Preflight Action

Petitioner 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 required to the extent that

an FAA

- approved Flight Manual is required.

Adherence to the requirem ents in the operating documents will ensure that the UAS is in an airworthy condition prior to flight. The PIC wil l perform a series of checks designed to identify any defects or inoperable components, which cover pre

- flight, take

- off, landing, and

post

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

areas

- before initiating of flight. Petitioner’s operating documents will be kept at the ground control station and will be accessible to the PIC at all times while operating the UAS.

G. 91.109(a): Flight Instruction

Petitioner seeks 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.” UAS 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 required for the flight instruction requirements of 14 C.F.R. §91.109(a).

8 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.

9 See also Exemption No. 11213 to Aeryon Labs, Inc. at pg. 11: The petitioner required relief from 14 C.F.R. §91.9(b)(2): Civil aircraft flight manual, marking, and placard
requirements and §91.203(a) and (b): Civil aircraft: Certifications required . The FAA has previously determined that
relief from these sections is not necessary. See Exemption No. 11062. Relevant materials may be kept in a
location accessible to the PIC in compliance with the regulat ions.Page 12 of 16

Given the size and speed of the UAS that Petitioner intends to use, an equivalent level of safe training can still be achieved without dual controls because no pilot or passengers are aboard the UAS, and as required by the operating documents, all persons will be a safe

dist ance away in the event that the UAS experiences any difficulties during flight instruction. Moreover, all flight training will be conducted in controlled and sterile environments. As a whole, the procedures provided for in the operating documents ensure that UAS flight instruction can be performed safely.

H. 91.119(c): Minimum Safe Altitudes Over Other Than Congested Areas

UW requests an exemption from the minimum safe altitude requirements of 14 C.F.R. §91.119(c). 10 Section 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)

.

An exemption is required because the proposed UAS operatio ns will normally need to

occur below 400 feet AGL. Additionally , due to the nature of the proposed operations , the

PIC and/or VOs may need to be less than 500 feet away from the UAS. Compared to flight operations with rotorcraft weighing far more than th e maximum weights proposed herein, and given the lack of flammable fuel within the UAS, any risk associated with these operations is far less than those that presently existing with conventional aircraft.

An equivalent level of safety will be achieved giv en the size, weight, and speed of the UAS, 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 below 400 feet AGL. As set forth in the operating docume nts, the UAS will be operated in a controlled environment, and all flights will occur at a lateral distance o f at least 500 feet from nonparticipating persons, unless that person is in a position where he or she is shielded from the UAS and any possible de bris resulting from a UAS failure. Procedures will be in place to ensure flight operations can be safely terminated if a nonparticipating person within 500 feet of the UAS leaves a shielded position. Further, UAS operations will occur at least 500 feet a way from vehicles or structures unless the property owner/controller 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 UW’s operating documents will ensure the proposed operations can be conducted without compromising safety to persons or property on the ground.

10 Relief from §91.119(a) will not be necessary 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 o ver congested areas, and therefore an exemption from §91.119(b) will not be necessary.

See e.g. , Grant of Exemption No. 11157 to Slugware, Inc., dba Likeonatree Aerial at pg. 15 (Docket No. FAA

- 2014

- 0534).Page 13 of 16

I. 91.121 : Altimeter Settings

To the extent necessary for UW to conduct the proposed operations, Petitioner requests 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 depar ture airport or barometric pressure.

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 UAS will be operated 400 feet AGL or below, (2) within VLOS, (3) where GPS based altitude information is related in real time to the operator at a ground

- based on

- screen display and, (4) where prior to each flight, a zero altitude initiation point is established for the PIC to confirm accuracy of the onboard GPS. 11

The UAS that P etitioner intends to use for performing the proposed operations meet all these operational characteristics. Moreover, the operating documents require the PIC to calibrate the aircraft’s GPS compass prior to each flight operation. As the FAA has

determine d in circumstances similar to this Petition for Exemption, Petitioner’s UAS and the safety mitigation procedures contained in the operating documents, ensure that an equivalent level of safety will be achieved, and a grant of exemption to the requirements of § 91.121 is therefore appropriate.

J. 91.151(a): Fuel Requirements for Flight in VFR Conditions

UW requests an exemption from 14 C.F.R. §91.151(a)’s fuel requirement for flight in

VFR conditions. Section 91.151 states:

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

-

(1) During the day, to fly after that for at least 30 mi nutes; 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.

The FAA has previously granted relief from the fuel requirements of §91.151(a) for flight in daytime VFR conditions in circumstances similar to those presented in this Petition for

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

- 2014

- 0352 at 21)Page 14 of 16

Exemption. 12 In Exemption No. 11213 to Aeryon Labs, Inc. 13 , the FAA determined that a requirement prohibiting the PIC from beginning a UAS flight unless (considering wind and forecast weather conditions) there was enough available power for UAS to operate f or the intended operational time and to operate after that for at le ast five minutes or with the reserve power recommended by the manufacturer if greater, would ensure an equivalent level of safety to the fuel requirements of §91.151(a). 14 Petitioner’s ope rating documents impose this same requirement and an exemption from §91.151(a)’s fuel requirement for flight in VFR conditions is therefore appropriate.

VI. Drug and Alcohol Program

The UW will have policies in place to ensure that no person may participate in UAS flight operations if they are under the influence of alcohol or any drug.

VII. Public Interest

The public interest will be served by granting UW’s Petition for Exemption. Congress has established a national policy that favors early integration of UA S into the NAS in controlled, safe working environments such as those proposed in this Petition. Granting this Petition for Exemption helps fulfill Congress’ goal of passing Section 333(a) th r ough (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.

Beyond increased levels of safety, the public stands to benefit enormously from the education and research programs supported by the proposed o perations in this Petition for Exemption. Whether it is researching ways to help farmers grow crops in a more sustainable and environmentally friendly manner, or monitoring wildlife activity, the public as a whole will benefit from the information gathere d and studied as part of the education and research programs supported by the proposed operations in this Petition for Exemption.

VIII. Privacy

The proposed operations will be conducted in accordance with applicable federal, state, or local laws regarding priva cy. UW will not conduct flight operations over property that it does not own or control without the prior consent and knowledge of the property owner.

IX. Federal Register Summary

12 See e.g., Exemption Nos. 8811, 10808, and 10673

13 Docket No. FAA

- 2014

- 0642

14 Exemption No. 11213 at pg. 12.Page 15 of 16

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publicati on 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 :

45.23(b); 45.27(a); 61.23(a) and (c); 61.113; 61.101(e)(4) and (5); 61. 315; 91.7(a); 91.9(b)(2); 91.9(c); 91.103; 91.109(a); 91.119(b); 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 exemption will enhance safety by reducing risk to the general public and property

owners from the substantial hazards associated with using conv entional fixed

- wing aircraft or rotorcraft for aerial data collection in support of university education and research programs.

X. Conclusion

The proposed operation in this Petition for Exemption satisfy the criteria articulated in Section 333 of the Reform Act and the FAA has issued grants of exemption in circumstances similar in all respects to those presented by UW in this Petition for Exemption. In consideration of the foregoing, UW respectfully submits that this Petition for Exemption qualifies for expedited approval via the FAA’s summary grant process.

We thank you for your prompt consideration of our req uested exemptions. Should you have any quest ions, or if you need additional information to support the requested exemptions , please do not hesitate to contact us.

Sincerely,

Christopher Lum, Ph D

Research Scientist Autonomous Flight Systems Laboratory William E. Boeing Department of Aeronautics & Astronautics University of Washington

AttachmentsPage 16 of 16

(The following attached items will be submitted under separate cover as they contain proprietary

and commercial information exempt from disclosure under th e Freedom of Information Act, 5 U.S.C. §533 et seq. , and should be held in a separate file pursuant to 14 C.F.R. §11.35(b).

Attachment:

 The UW Skywalker X8 Aircraft Flight Manual