# C'WTECH

February4, 2016 U.S. Department of Transportation Docket Management System 1200 New Jersey Ave. SE Washington, DC 20590 Re: Exemption Request Section 333 of the FAA Reform Act Dear Sir/Madam, 6505 East Highway 66 El Reno, OK 73036 Phone 405.262.2629 Fax 405.422.2361 cvtech.edu

This petition is being submittedon our own behalf without legal counselor consulting services. Pursuant to Section 333 of the FAA Modernizationand Reform Act of2012 (the Reform Act), and 14 C.F.R.Part 11, Canadian Valley Technology Center (CVTC) operating a Small Unmanned Aircraft System (sUAS) equippedto conductaerial photography and sUJvey for various industriesand instructional programs, hereby applies for an exemption from the Federal Aviation Regulations(FARs) listed below to allow operation of our sUAS commercially in airspace regulated by the Federal AviationAdministration (FAA) so long as such operationsare conducted with and under the conditions outlined herein or as may be established by the FAA as required by Section 333. The requested exemption would permit Canadian Valley Technology Centerto pursue its commercial interests in providing servicesto consumers and instructional programs interested in aerial data capture using a small advanced sUAS in the following areas: 

# • • • 

# • • • Video/Filming Production sUAS Operator Training Photography Mapping Aerial Marketing Construction/Engineering CVTC states that all sUAS flightsthat will occur over private or controlled access propertywill do sowith the property owner's prior consent and knowledge and that only people who have consented or otherwise have agreed to be in the area where photography and videographywill take place will be captured.CVTC understandsthe proper roles of an observer, communication procedures, proper visual scan techniques, operations at non-towered airports, and appropriate sections of the Aeronautical Information Manual. Regulationsfrom which the exemption is requested: 14 C.F.R. Part 21 14 C.F.R. 45.23 (b) 14 C.F.R. 61.113(a) and (b) 14 C.F.R. 91.7 (a) 14 C.F.R. 91.9 (b) (2) 14 C.F.R.91.109 14 C.F.R. 91.119 14 C.F.R. 91.121 14 C.F.R.91.151(a) 14 C.F.R. 91.203 (a) 

### & (b) 14 C.F.R. 91.205 (b) 14 C.F.R.91.215 14 C.F.R. (91.401- 91.417) UnmannedAircraft System sUAS are a feasible method to promote our technology center and use in classroom instruction for training purposes. We are petitioning for exemptionto enable CVTC to operate a multi rotor-wing equippedwith a camera. The models we will be flying are a Parrot BeBop, DJI Phantom 2Vision+ and a Phantom 1 Model P330d. These sUAS all weigh less than 25 lbs., have a built- in capability to limit the height it flies above the ground, to limit the radius of the distance itflies from the operatorand to exclude itfrom Class B, Cand Dairspace including a no fly zone feature. Each system also has the failsafe function of the autopilotsystem, which means when the communication between the Main Controllerand the transmitteris lost, the system will automaticallytrigger Return to Home and will land safely. The above specifications meet standards listed below, some derived in accordancewith the Model Aircraft Operating Standards: 

## 0 The petitionerwill only operate its sUAS in line of sight of a pilot and/or observerand will operate at sites that are a 'sufficient distance'from populated areas within the sterile area described inthe operator's manual. Such operations will insurethat the sUAS will "not create a hazard to users ofthe nationalairspace system or the public." 

## 0 When flying sUAV within 

### 3 miles of an airport, airport operatorswill be notified and the operatorwill give the right of way to avoid flying in the proximity of full-scale aircraft. 

## 0 Maximumflight time for each operationalflight will be 2 5 minutes. Flightswill be terminatedat 

### 25% battery power reserve shouldthat occur priorto the 

### 2 5 minute limit. The sUAV will be programmedso that it will not be operated at an altitude of no more than 

### 400 feet AGL, and not more than 

### 200 feet above an elevated platform from whichfilming is planned. Minimum crew for each operation will consistof the sUAS Pilot and the Visual Observer. The sUAS operated by the petitionerweighs less than 55 pounds, includingthe payload (i.e. camera, lens, and gimbal). The sUAS will operate at speeds of no more than 

### 55 knots. Given the small size of the sUAS and the restricted sterile environmentwithin which they will operate, our sUAS operationsadhere to the Reform Act's safety requirements. Under the requested exemption CVTC ensuresthat all operators have completed a small unmanned aircraft systems (UAS) education and training program including all applicable regulations and guidancedocuments; including aeronauticalbackground information such as charts, NOTAMS and Aircraft Circulars; Radio Communications Procedures; Human Factors and Crew Resource Management; Basic Small UAS Aerodynamics;Weather factors; Airmanship and Decision-making and Safe Operating Procedures. We respectfully request exemption under Section 

### 333to enable CVTC to operate safe, low-risk commercial sUAV operationsfor the activities stated. CVTC at all times will respect the space and privacy of citizens and propertywhilst keeping our skies safe. Sincerely

# ~~- Chief Financial Officer 

### (405)422-2248 yokumd@cvtech.eduEXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY Canadian Valley Technology Center requestsan exemptionfrom the following regulations as well as any additional regulationsthat may technically apply to the operationof the sUAV System:
14 CFR Part 21, Airworthiness Certificates This part establishesthe proceduresfor the issuance of an airworthiness certificate. While the FAA continues to work to develop airworthiness standardsfor UnmannedAerial Systems, we request an experimentalcertificate be issuedfor the Parrot BeBop, DJI Phantom 2Vision+ and the Phantom 1 Model P330d sUAS under either or both of the following provisions: 21.191 Experimentalcertificates. Experimental certificates are issuedfor the following purposes: (a) Research and development. Testing new aircraft design concepts, new aircraft equipment,new aircraft installations, new aircraft operating techniques,or new uses for aircraft. (b) Showing compliance with regulations. Conductingflight tests and other operationsto show compliance with the airworthinessregulations including flights to show compliancefor issuance of type and supplementaltype certificates, flights to substantiate major design changes, and flightsto show compliance with the functionand reliability requirementsof the regulations. Since the experimental certificatecan be used for commercial purposes such as market surveys, sales demonstrations, and customercrew training, we would expect that an experimental certificate would permit our commercial purpose as well. The aircraftwill not carry persons or property,will not carry fuel, and will only fly under strict operational requirements. Combined with the UA's light weight, being constructed primarily of foam, carbon fiber, and/or plastic,we proposethat the UA will be at least as safe, if not safer, than a conventionally certificated aircraft performing the same mission.If an experimental ailworthiness certificate is not appropriatefor this application, then we request an exemption of 14 CFR Part 21, Subpart H, and the requirement for an airworthinesscertificate in general, citingthe equivalent level of safety outlined in the previous paragraph. 14 CFR 45.23 Display of marks; general and 45.29 Size of marks. These regulations providethat each aircraft must display "N" and the aircraft's registration number in letters at least 3 inches high. Additionally,the aircraft must display the word "EXPERIMENTAL" in letters at least 2 inches high near the entrance to the cabin, cockpit, or pilot station.The sUAV does not have anentrance in which the word "EXPERIMENTAL" can be placed, and may not have a registration number assignedto it by the FAA. We proposeto achieve an equivalent level of safety by including the word "EXPERIMENTAL" in the placard on the top of the aircraft, as shown above, where the PIC, VO and others in the vicinity of the aircraftwhile it is preparingfor launchwill be able to see the designation. Additionally, we feel that the permanent placard discussed in the previous paragraphwill providethe aircraft's registration informationat the ground station. Finally,we will displayat the groundstation a high contrast flag or banner that containsthe words "UnmannedAircraft Ground Station" in letters 3 inches high or greater. Since the aircraftwill operate within 3/4 NM of the ground station,the banner should be visibleto anyone that observesthe aircraft and choosesto investigate its point of origin. 14 CFR 61.113 Private pilot privilegesand limitations: Pilot in Commandand 61.133 Commercial pilot privilegesand limitations. The regulation provides that no person that holds a Private Pilot certificate may act as pilot in Command of an aircraftfor compensation or hire. Subparagraph (b) allows a private pilotto act as pilot in command ofan aircraft in connectionwith any businessor employment if: (1) The flight is only incidentalto that business or employment; and (2) The aircraft does not carry passengers or propertyfor compensation or hire. Our proposed operationsrequire that the PIC must hold at least a Private Pilot Certificate issued by the FAA and since the aircraftcannot carry passengers or property, we feel we meet the intent of 61.113 Subparagraph (b) even thoughthe intent of this application is to conduct a business. 14 CFR 91.7 Prohibitsthe Operation of an aircraftwithoutan airworthinesscertificate. As no such certificatewill be applicable in the form contemplated by the FARs, this Regulation is inapplicable. 14 CFR 91.9 Civil aircraft flight manual, marking, and placard requirements. This regulation providesthat no person may operate an aircraft unless a current, approvedflight manual is in the aircraft. We assume that the intent of this requirement is to ensure that flight manual information is available to the aircrewwhile operatingthe aircraft. We request an exemptionto this requirement since the aircraft is not only too small to carry documentation,the documentationwould not be available to the crew during flight operations. To obtain an equivalent level of safety and meet the intent of 91.9, we propose that a current, approved sUAS Flight Manual must be availableto the crew at the ground station anytime the aircraft is in, or preparing for, flight. 14 CFR 91.109 Flight Instruction; Simulated instrument flight and certainflight testsThe regulation states that "No person may operate acivil aircraftthat is being used for flight instruction unlessthat aircraft has fully functioning dual controls." The sUAS System ground-basedcontrolstation consists of a small hand-held radio transmitterand while itdoes not offer asecond set of "controls",both the student and instructorcan, and will, operate the single set of controlssimultaneously.With both student and instructor having "hands-on"the controlsduring flight, we feel that this technique meets the intent 91.109 and provides an equivalent level of safety.
14 CFR 91.119 Minimum safe altitudes: General. The regulation states that over sparsely populated areas the aircraft cannot be operated closerthan 500 feet to any person, vessel, vehicle, or structure. Since the typical missionof the sUAS would be photography or survey of persons, vessels,vehicles or structures it would be necessary to operate closerthan 500 feet to the items listed. Operationswill only be fiown over property or personswhere permission has been obtained and careful pre-planned has been performed.The aircraftwill be operated at a low altitudeallowing, if a power unit fails, an emergencylanding without undue hazard to persons or property on the surface. Therefore we maintainthat due to the small size ofthe UAS, the hazard to persons,vehicles and structures is minimalcompared to manned aircraft, which should be considered in granting the exemption.
14 CFR 91.121 Altimetersettings. The regulation requiresthat aircraft shall maintaincruising altitudes by reference to an altimetersetting availablewithin 100 NM of the aircraft.The sUAS will always fly below 600 feet AGL and will not need to maintaincruising altitudes in order to prevent conflictwith other aircraft.An Above Ground Level altimeter measurement above the takeoff point is transmitted via radio from the sUAS on-board computerto the display screen held by the PIC, providing aconstantly updated AGL readout. 14 CFR 91.151 Fuel requirementsfor flight in VFR conditions. The regulation provides that no person may begin a flight in an airplane under day-VFR conditions unless there is enough fuel to fly to the first point of intended landing and to fly after that for at least 30 minutes. We feel the intentionof this paragraph is to providean energy reserve as a safety bufferfor delays to landing.The sUAS are battery operated and the maximumduration of flight from a single battery charge is 12-45 (depending on which sUAS) minuteswith a 20% reserve. Since the aircraftwill never fly more than 1/2 NM from the point of intended landing, a full battery charge at launchwill ensure that we meet the reserve energy requirement of this paragraph.We request an exemption to the word "fuel" and ask for anequivalent interpretation with the word "energy".We also request exemption from the 30 min reserve and ask that our reserve will be to fly the missionto the point of intended landing and have at least a20% battery reserve after that. 14 CFR 91.203(a) & (b) Civil aircraft: Certifications required. The regulation providesthat an airworthiness certificate,with the registration numberassigned to the aircraft and a registration certificate must be aboard the aircraft. Additionally, subparagraph(b) provides thatthe airworthinesscertificate be "displayedat the cabin or cockpit entrance so that it is legible to passengersor crew." With our largest vehicle,the RF-70, at a maximum grossweight of 13 pounds, the sUAS is too small to carry documentation, does not have an entrance, and is not capable of carrying passengers or crew. To obtain an equivalent level of safety and meet the intent of 91.203, we proposethat documents deemed appropriatefor this aircraft by the FAA will be co- located with the crew at the ground control station and available for inspection upon request. In order to identify the aircraft, we proposethatthe information found on airworthiness and registration certificates be permanently affixed to the aircraft via placard containing the following informationplus the word "EXPERIMENTAL" to satisfy the requirement of 14 CFR 45.23. 14 CFR Subpart E (91.401- 91.417)- Maintenance, Preventive Maintenance,Alterations The regulation provides that the operator is primarily responsible for maintainingthe aircraft in an airworthycondition, including compliancewith part 39 and 43. Paragraphs 91.407 and 91.409 require that the aircraft be "approvedfor return to service by a person authorized under 43.7" after maintenanceand inspection.lt is our intentionthat the PIC perform maintenanceand inspection of the aircraft and "be authorized to approve the aircraftfor return to service. 11 The PIC will ensure that the aircraft is in an airworthycondition priorto every flight and in addition, conductdetailed inspectionsafter every two hours of flight. Maintenanceperformed by the PIC is limitedto repairing small cracks, replacing a propeller, checking electricalconnectionsand updatingsoftwareand firmware for the on-board computer. All other maintenancewill be performed by the manufactureror their designated repair facility.The PIC will document work performed in accordancewith 91.417.We feel that due to the size, construction,and simplicity of the aircraft, the PIC can ensure an equivalent level of safety.