December 1, 2015

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

Re: Petition of Florida State College at Jacksonville, for an Exemption Pursuant to Section 333 of the FAA
Modernization and Reform Act of 2012

Dear Sir or Madam,

Florida State College at Jacksonville (“FSCJ”) respectfully requests an exemption from portions of 14 C.F.R., p ursuant to Section 333 of the FAA Modernization and Reform Act of 2021 (“Reform Act”) , in order to operat e small unmanned aerial systems (“small unmanned aircraft” or “UAS”) for the purposes of conducting UAS operator training, to include aerial photography and videography, aerial surveying, and aerial inspection.

Appendix A provides a summary of this petiti on, suitable for publication in the Federal Register. Appendix B provides the Standard Operating Procedures which will govern UAS operations under this exemption.

Description of Petitioner

Florida State College at Jacksonville , established in 1965 and f irst offering aviation courses beginning in 1978, currently provides three different Associate in Science (A.S.) degrees in Aviation. Two of which

, Aviation Operations and Professional Pilot Technology, have direct connections to the growing field of

UAS operations.

FSCJ is one of thirty

- six FAA

- approved Air Traffic

– Collegiate Training Initiative programs, providing high fidelity simulation training for future air traffic controllers. Additionally, the College has a Part 147 approved Airframe and Pow erplant Mechanic training school, and offer s Part 61 and Part 141 flight training in conjunction with a contracted flight provider. Having these programs in place means that the College program staff understand s what it takes to run a safe and effective t raining program, while complying with relevant FARs.

To ensure that our students keep abreast of the latest changes in the aviation industry, we are seeking an exemption to permit training of our students in the operation of small unmanned aircraft. Thro ugh
these course s , FSCJ will serve students enrolled in our aviation programs of study, the general public seeking to learn more about UAS operations and technology, private industry considering the use of UAS in their field, as well as members of city, co unty, and state governments.For this petition, the point of contact :

Sam Fischer Program Manager, Aviation Degrees Florida State College at Jacksonville
13450 Lake Fretwell Street Jacksonville, FL 32221 Phone: (904) 317

- 3844
Email: sfischer@fscj.edu

Description of Proposed Operations

FSCJ currently has a single UAS course available to our students. It covers the history, missions, payloads, and operational concerns of operating these vehicle s within the National Airspace System (“NAS”).

For the purposes of this exemption request, w e intend to add a second class to provide hands

- on instruction in UAS Operations, to include aircraft control, sensor operations, and multi

- “crew”
coordination. A dditionally, given the proliferation of UAS operations and the compounding requests for Section 333 exemptions, we believe there is a need to better prepare UAS operators who are seeking, or who already hold, a 333 exemption, yet remain unaware of the intr icacies of operating safely within the

NAS.

To best prepare students for the various types of operations which UAS can perform, we plan to provide
task

- oriented training, in addition to basic command and control operations. Example tasks may include

aeri al photography and videography, aerial surveying, and aerial inspection.

To maintain safety standards, all UAS training will be conducted within the guidelines of this exemption and will include both instructor pilots and visual observers. Although initi al students of the course will
not be able to act as P ilot I n C ommand (PIC) , without holding an FAA pilot certificate, our intent is to lay the foundation for meeting the guidance specified in the Notice or Proposed Rule Making (NPRM) governing small UAS o perations.

Relevant Statutory Authority

Section 333 of the Reform Act was created to provide the FAA with the ability to issue the exemptions sought herein. The FAA may also grant exemptions under 49 U.S.C. 44701(f) if it determines they are in the pub lic interest.

The Secretary is required to determine which UAS do not present a significant hazard to aircraft or the public, or pose a threat to national security. Specifically, consideration should be given to:

 UAS size, weight, speed, and operation al capability;

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

 Operation of the UAS within visual line

- of

- sight of the operator.As directed in Section A, if the Secretary determines that such vehicles “may operate safely in the

national airspace system, the Secretary shall establish requirements for the safe operation of such aircraft in the national airspace system.”

UAS Size, Weight, Speed, and Operational Capability

FSCJ will operate two types of UAS vehicles : quadcopters an d fixed

- wing aircraft. Specific details for
each are described below.

 Various DJI Products, to include Phantom 2+ , Phantom 3, and Inspire e lectric q uadcopter s

o Maximum Takeoff Weight (MTOW) Less than 7 pounds

o Maximum Speed 50 mph

o A built

- in GPS and te lemetry system relays the vehicle’s position, height, speed, and battery life to the Pilot in Command

.

o A fail

- safe mode that permits the UAS to return to its launch location and land if connection to the ground station is lost.

 Finwing Penguin e lectric ai rcraft

o Maximum Takeoff Weight (MTOW) Less than 7 pounds

o Maximum Speed 50 mph

o On

- board telemetry relays the vehicle’s position, height, speed, and battery life to the
Pilot in Command

.

 All vehicles are electrically powered and do not carry flammable fuel onboard.

 All flights will be limited to no more than 400 feet AGL, and limited in duration to ensure a safe landing with no less than 25% battery life remaining.

 All flights will be conducted in Day, VFR conditions.

 Contingency plans will be in place, in case a flight needs to abort or terminate early.

 All flights will be pre

- planned and briefed beforehand, including a review of emergency procedures, and for any flights above 200 feet AGL, a Notice to Airmen (“NOTAM”) will be filed with Automated Fligh t Service Station (“AFSS”).

 Flights will be conducted at least 500 feet from any non

- participating persons, vehicles, vessels,

or structures , unless prior permission has been obtained from property owners and appropriate safety measures are in place to pro tect all participants.

 All vehicles will be maintained in accordance with the manufacturer’s manuals and safety
bulletins.

 Any necessary permissions or permits will be acquired prior to flights which require them. This may include, City, State, or Federal authorities as appropriate.

 All Pilot s i n Command for the UAS will hold, at a minimum, an FAA Class III Medical Certificate.

 All remote control, video, and datalink transmissions will comply with Federal Communications Commission (FCC) regulations.

Publi c Interest

As an academic institution, FSCJ provides education and training courses to students, industry, and the general public. The operations proposed in this petition will promote the safe and productive use of Unmanned Aerial Systems. College stud ents and future aviation professionals, will benefit by learningmore about how UAS fit in with their chosen career field. First responders, as well as local and St ate

officials will learn how UAS operations fit into both the public and private sectors. And, the general public will see how UAS operations can benefit numerous industries and provide economic benefits to their community.

Privacy Concerns

All UAS operation will be conducted in accordance with local, State, and Federal privacy laws. For

ope rations outside of College

- owned property, prior permission and consent will be obtained before flight s are conducted. Furthermore, the College currently utilizes an Industry Advisory Committee to provide input and guidance concerning its academic offerin gs. For UAS operations, a sub

- committee will
be created to review operational and privacy issues.

Exemption Requests

FSCJ is seeking exemption from various sections of 14 C.F.R. Parts 21, 45, 61, and 91, for the purposes of operating UAS platforms as de tailed in this document. Following is a list of s pecific exemptions sought

– as already approved in the Grant of Exemption No. 11062 issu ed to Astraeus Aerial ( Docket No. FAA

2014

- 0352).

1. 14 C.F.R. Part 21, Subpart H. Airworthiness Certificates, 14 C.F.R. § 91.203 (a) (1) No exemption necessary

. Based on the limited size, weight, operating conditions, design safety features, and the imposed conditions and limitations, FSCJ has demonstrated t hat its operations would not adversely affect safety compared to similar operations conducted with aircraft that have been issued an
airworthiness certificate under 14 C

. F

. R

. P art 21, Subpart H. Therefore, as the FAA found for Astraeus Aerial, the requeste d relief from 14 C

. F

. R

. P art 21, and any associated noise certification and testing requirements of part 36, is not necessary. (See Docket No. FAA

- 2014

- 0352.)

2. 14 C.F.R. §45.23(b) Aircraft Marking s No exemption necessary

. Since FSCJ’s UAS will not be certificated under 14 C.F.R. §21.191, a grant of exemption for 14 C.F.R. §45.23(b) is not necessary, as the FAA commented in the grant for exemption for Astraeus
Aerial.

FSCJ’s UAS’ will be identified by serial number, registered in accordance with 14 C.F .R. Part 47, and have identification (N

- Number) markings in accordance with 14 C.F.R. Part 45, Subpart C. Markings will be as large as practicable. (See Docket No. FAA

- 2014

- 0352.)

3. 14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (1)(2); 417(a) & (b) Maintenanc e Inspections Exemption requested

. These regulations require that FSCJ “aircraft inspected as prescribed in subpart E of this part and shall between required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as p rescribed in P art 43 of this chapter...,” and others shall inspect or maintain the aircraft in compliance with Part 43.An exemption from these regulations is necessary because Part 43 and these sections only apply

to an aircraft with an airworthiness cer tificate, which is not available for the aircraft which FSCJ is petitioning to use.

An Equivalent Level of Safety will be maintained through maintenance and visual inspections in accordance with the Manufacturer’s Manuals and applicable Safety Bulletins. Additionally, pre

flight checklists will be used to ensure that all critical compone nts of the UAS are operating properly and in a condition suitable for safe flight. These measures will e nsure that FSCJ’s proposed UAS operations will not adversely affect safety in the NAS and of people and property on the ground.

4. 14 C.F.R. §61. 3 & §61.1 1 3 Private Pilot Privileges and Limitations: Pilot in Command. Exemption requested

– § 61.3

. FSCJ will require that its UAS flight instructors hold a Private Pilot Certificate. To conduct training operations however, an exemption is requested from 14 C.F.R . 61.3 to permit student UAS pilots to receive instruction in the safe and effective operation of UAS platforms without the requirement to hold a Private Pilot Certificate.

An Equivalent Level of Safety will be maintained by ensuring that all student instructional flights are conducted under controlled conditions, away from persons or property not directly involved in the instruction or operation of the UAS, and in accordance with FSCJ’s UAS Flight Operations Manual. Additionally, such instructional f lights will only take place under the close supervision of a UAS flight instructor who, as detailed above, will have a Private Pilot Certificate or higher.

No exemption necessary

- § 61.113

. In accordance with the Astraeus Aerial Grant of Exemption, FSCJ w ill only use Private Pilot Certificate holders to provide instruction to UAS students or to operate UAS during non

instructional flights. (See Docket No. FAA

- 2014

- 0352.)

5. 14 C.F.R. §91.7 Civil Aircraft Airworthiness No exemption necessary

. As mentioned in item 1 above, the FAA has already found that UAS are not required to have an airworthiness certificate in accordance with C.F.R. 14 Part 21, Subpart H. Accordingly, an exemption from §91.7 (a) is not required.

However, in accordance with §91.7 (b), before each flight, the PIC will use a pre

- flight checklist and procedures specified in the UAS’ Operating M anual to ensure the UAS is a safe condition for flight.

6. 14 C.F.R. §91. 9(b)(2) Civil Aircraft Flight Manual in the Aircraft 14 C.F.R. §91. 203(a) and (b) C arrying C ivil Aircraft Certification and Registration No exemption necessary

. Based on the FAA Memorandum subject “Interpretation regarding whether certain required documents may be kept at an unmanned aircraft’s control station,” dated August 8, 2014, the exemption from 14 C.F.R. §91.9(b ) ( 2) and 91.203(a) and (b) is not necessary.FSCJ will keep all pertinent documents at the ground control point where the PIC is located and

anyone will have immediate access to them if requested.

7. 14 C.F.R. §91.103 Pref light action Exemption requested

. 1 4 C.F.R. §91.103 requires a PIC to become familiar with specific information prior to flight, including information with an FAA

- approved flight manual. As an FAA

- approved flight manual does not exist for these aircraft, FSCJ is requesting an exemption to the flight manua l requirement.

An Equivalent Level of Safety will be maintained th r ough the implementation of checklists for

p re

- flight , in

- flight, pre

- landing, and post

- landing phases of flight. This will include check s of the weather conditions, battery and vehicle st atus, security of the flight area, and alternatives available in case of an emergency.

8. 14 C.F.R. §91.109 Flight instruction Exemption requested

. 14 C.F.R. § 91.10 9(a) states that “ no person may operate a civil aircraft that is being used for flight instruction unless that aircraft has fully functioning dual controls. ” UAS platforms, by design, do not carry pilots or passengers and, therefore, do not have dual controls. Flight control is accomplished via radio communications with a ground station. Consequently, FSCJ is requesting an exemption from the dual

- control requirement.

An Equivalent Level of Safety will be maintained because, as mentioned above, UAS platforms do not carry pilots or passengers. In accordance with FSCJ’s UAS Flight Operation s Manual, all flight training operations will be conducted in a sterile operating environment, well away from

non

- participating personnel. Flight training will be conducted using UAS Instructor Pilots and
one or more Visual Observ ers to assist in tracking the UAS and ensuring the training area
remains clear of non

- participants.

FSCJ’s UAS Instructor Pilots must hold an FAA Private Pilot Certificate or higher, and a Class III Medical Certificate. Additionally, they will be required to pass a written and/o r oral exam covering FSCJ’s UAS Flight Operations Manual, as well as complete a practical exam demonstrating the flight operations proposed in this document.

9. 14 C.F.R. §91.1 1 9 Minimum Safe Altitudes Exemption requested

. FSCJ requests an exemption from the minimum safe altitude requirements of 14 C.F.R. §91.119. This section provides the minimum safe altitudes at which aircraft must operate. It includes a restriction on operating below 500 feet above the surface, or within 500 feet of any person, vessel, vehicle, or structure (when over non

- congested areas).

An exemption is requested since UAS flight operations will occur less than 400 feet above the surface. Additionally, the flight training and operations proposed herein will, at times, take place with in 500 feet of participating personnel to including the PIC, Instructor Pilot, and Visual Observer(s).An Equivalent Level of Safety will be maintained by ensuring that all operations are conducted

with the consent of all participating persons. Additiona lly, in accordance with FSCJ’s UAS Flight Operations Manual, operations less than 500 f ee t from non

- participating persons or structures, may only take place if the PIC ensure s that such operations can be conducted safe ly

, that all

non

- participating persons must be under protective barriers or structures, and that the property/structure owner have granted permission for such operations. The size, weight, speed
of the UAS, as well as the location where it is operated, and the lack of flammable fuel onboard

t he aircraft further contribute to the safety of the operations.

10. 14 C.F.R. §91.1 21 Altimeter Settings Exemption requested

. As the UAS proposed in this request utilize GPS altitude tracking, FSCJ is requesting an exemption from 14 C.F.R. §91.121, which requires that an aircraft be operated reference to an altimeter set to local barometric pressure.

An Equivalent Level of Safety will be achieved by 1) operating below 400 feet AGL, 2) utilizing

GPS

- based altitude data relayed to the ground

- based PIC via t elemetry, 3) verifying the accuracy of the GPS altitude before flight, and 4) keeping the UAS within visual line

- of

- sight of the PIC at
all times. These procedures align with Astraeus Aerial’s previous granted exemption

. (See Docket No. FAA

- 2014

- 0352.)

11. 14 C.F.R. §91.1 51 Fuel Requirements for Day VFR Flight Exemption requested

. FSCJ is requesting an exemption 14 C.F.R. §91.1 51 , which lays out the minimum fuel requirements for require d day VFR flight. The requirements are to carry “enough fuel to fly to
the first point of intended landing, and, assuming normal cruising speed...to fly after that for at least 30 minutes.” Current battery technology for Small UAS, as proposed here, restricts the entire time of flight to approximately 30 minutes, if not less. Ac cordingly, a 30 minute “reserve” is not available and exemption from the requirements in 14 C.F.R. §91.151 is required.

In previous exemptions, the FAA has determined that a n Equivalent Level of Safety can be achieved by limiting flights to no less than 2 5% remaining battery power, or no more than 30 minutes of flying time, whichever occurs first. For the systems proposed here, battery life will be monitored via data relayed to the ground

- based PIC via telemetry, and a separate flight timer
utilized to tr ack the length of the flight. Per the FSCJ UAS Flight Operations Manual, the PIC will begin maneuvering for a safe landing when battery life reaches 30% remaining, or when the flight time reaches 25 minutes, whichever occurs first. (See Docket No. FAA

- 201 4

- 0352.)

Summary for Publication in the Federal Register

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 sections of Title 14 of the Code of Federal Regulations: Part 21, Subpart H; 91.203(a)(1); 45.23(b); 91.405(a); 91.407(a)(1); 91.409(a)(1)(2); 91.417(a) & (b); 61.3; 61.113; 91.7; 91.9(b)(2); 91.203(a) & (b); 91.103; 91.109; 91.119 ; 91.121;

91.151.The exemption will enhance safety by reducing risk to the general public and property owners from the

substantial hazards associated with performing equivalent flight training with conventional fixed

- wing aircraft, rotorcraft, or other methods.

Conclusion

F lorida State College at Jacksonville’s Petition for Exemption meets the terms set forth in Section 333 of the Reform Act of 2012. This includes vehicle weight and speed, operating capabilities, operations with
visual line

- of

- sight, operations near airports and populated areas, and privacy and national security. The operations proposed herein are in the public interest as they serve to provide training and education in the safe and effective operation of UAS, while als o highlighting the benefits of this rising technology.

This Petition for Exemption covers all appropriate aspects of Section 333, gives the FAA justification for providing the exemptions requested, and would permit FSCJ to perform commercial operations as part of its Aviation Program coursework.

If you have any questions, or need additional information, please contact:

Sam Fischer Aviation Degrees Program Manager sam.fischer@fscj.edu

904

- 317

- 3844

Respect f u lly,

Sam FischerAppendix A

Summary for Publication in the Federal Register

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 a n exemption from the following sections of Title 14 of the Code of Federal Regulations: Part 21, Subpart H; 91.203(a)(1); 45.23(b); 91.405(a); 91.407(a)(1); 91.409(a)(1)(2); 91.417(a) & (b); 61.3; 61.113; 91.7; 91.9(b)(2); 91.203(a) & (b); 91.103; 91.109; 91.119; 91.121;

91.151.

The exemption will enhance safety by reducing risk to the general public and property owners from the substantial hazards associated with performing equivalent flight training with conventional fixed

- wing

aircra ft, rotorcraft, or other methods.