CWTECH 

February 4, 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 submitted on our own behalf without legal counsel or consulting services. Pursuant 

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

and 14 C.F.R. Part 11, Canadian Valley Technology Center (CVTC) operating a Small Unmanned Aircraft 

System (sUAS) equipped to conduct aerial photography and survey for various industries and 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 Aviation Administration 

(FAA) so long as such operations are 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 Center to pursue its commercial 

interests in providing services to 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 flights that will occur over private or controlled access property will do 

so with 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 videography will take 

place will be captured. 
CVTC understands the proper roles of an observer, communication procedures, proper visual 

scan techniques, operations at non-towered airports, and appropriate sections of the Aeronautical 

Information Manual. 

Regulations from which the exemption is requested: 

14 C.F.R Part 21 

14 C.F.R 45.23 (b) 

14 C.F.R 61.113(a) and (b) 14 C.F.R. 91.7 (a) 

14 C.F.R.91.9 (b) (2) 

14 C.F.R91.109 

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.R91.215 

14 C.F.R (91.401- 91.417) 

Unmanned Aircraft System 

sUAS are a feasible method to promote our technology center and use in classroom instruction 

for training purposes. 

We are petitioning for exemption to enable CVTC to operate a multi rotor-wing equipped with a camera. The 

models we will be flying are a Parrot BeBop, DJI Phantom 2 Vision+ 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 it flies from the operator and to exclude it from Class B, C and D airspace including a no 

fly zone feature. Each system also has the failsafe function of the autopilot system, which means when the 

communication between the Main Controller and the transmitter is lost, the system will automatically trigger 

Return to Home and will land safely. 

The above specifications meet standards listed below, some derived in accordance with the Model Aircraft 

Operating Standards: 

0 The petitioner will only operate its sUAS in line of sight of a pilot and/or observer and will operate at sites 

that are a 'sufficient distance' from populated areas within the sterile area described in 
the operator's manual. Such operations will insure that the sUAS will "not create a hazard to users of the 

national airspace system or the public." 

0 When flying sUAV within 3 miles of an airport, airport operators will be notified and the operator will give 

the right of way to avoid flying in the proximity of full-scale aircraft. 

0 Maximum flight time for each operational flight will be 25 minutes. 

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

minute limit. 

The sUAV will be programmed so that it will not be operated at an altitude of no more than 400 feet 

AGL, and not more than 200 feet above an elevated platform from which filming is planned. 

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

The sUAS operated by the petitioner weighs less than 55 pounds, including the 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 environment within which they will 

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

Under the requested exemption CVTC ensures that all operators have completed a small unmanned 

aircraft systems (UAS) education and training program including all applicable regulations and 

guidance documents; including aeronautical background 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 333 to enable CVTC to operate safe, low-risk 

commercial sUAV operations for the activities stated. CVTC at all times will respect the space 

and privacy of citizens and property whilst keeping our skies safe. 

M~ Dwight Yokum 

Chief Financial Officer 

(405)422-2248 

yokumd@cvtech.edu 
EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY 

Canadian Valley Technology Center requests an exemption from the following regulations as well as any 

additional regulations that may technically apply to the operation of the sUAV System: 

14 CFR Part 21, Airworthiness Certificates 

This part establishes the procedures for the issuance of an airworthiness certificate. While the FAA 

continues to work to develop airworthiness standards for Unmanned Aerial Systems, we request an 

experimental certificate be issued for the Parrot BeBop, DJI Phantom 2 Vision+ and the Phantom 1 Model 

P330d sUAS under either or both of the following provisions: 

21.191 Experimental certificates. 

Experimental certificates are issued for the following purposes: 

(a) Research and development. Testing new aircraft design concepts, new 

aircraft equipment, new aircraft installations, new aircraft operating techniques, or 

new uses for aircraft. 

(b) Showing compliance with regulations. Conducting flight tests and other operations to show compliance 

with the airworthiness regulations including flights to show compliance for issuance of type and 

supplemental type certificates, flights to substantiate major design changes, and flights to show 

compliance with the function and reliability requirements of the regulations. Since the experimental 

certificate can be used for commercial purposes such as market surveys, sales demonstrations, and 

customer crew training, we would expect that an experimental certificate would permit our commercial 

purpose as well. The aircraft will not carry persons or property, will not carry fuel, and will only fly under 

strict operational requirements. Combined with the UA's light weight, being constructed primarily of foam, 

carbon fiber, and/or plastic, we propose that the UA will be at least as safe, if not safer, than a 

conventionally certificated aircraft performing the same mission. If an experimental airworthiness 

certificate is not appropriate for this application, then we request an exemption of 14 CFR Part 21, Subpart 

H, and the requirement for an airworthiness certificc:~te in general, citing the equivalent level of safety 

outlined in the previous paragraph. 

14 CFR 45.23 Display of marks; general and 45.29 Size of marks. 

These regulations provide that each aircraft must display "N" and the aircraft's registration number in letters 

at least 3 inches high. Additionally, the aircraft must display the word "EXPERIMENTAL" in letters at least 2 

inches high near the entrance to the cabin, cockpit, or pilot station. The sUAV does not have an 
entrance in which the word "EXPERIMENTAL" can be placed, and may not have a registration number 

assigned to it by the FAA. We propose to achieve an equivalent level of safety by including the word 

"EXPERIMENTAL" in the placard on the top of the aircraft, as shown above, where the PIC, VO and others 

in the vicinity of the aircraft while it is preparing for launch will be able to see the designation. Additionally, 

we feel that the permanent placard discussed in the previous paragraph will provide the aircraft's 

registration information at the ground station. Finally, we will display at the ground station a high contrast 

flag or banner that contains the words "Unmanned Aircraft Ground Station" in letters 3 inches high or 

greater. Since the aircraft will operate within 3/4 NM of the ground station, the banner should be visible to 

anyone that observes the aircraft and chooses to investigate its point of origin. 

14 CFR 61.113 Private pilot privileges and limitations: Pilot in Command and 61.133 Commercial pilot 

privileges and limitations. 

The regulation provides that no person that holds a Private Pilot certificate may act as pilot in Command of 

an aircraft for compensation or hire. Subparagraph (b) allows a private pilot to act as pilot in command of an 

aircraft in connection with any business or employment if: (1) The flight is only incidental to that business or 

employment; and (2) The aircraft does not carry passengers or property for compensation or hire. Our 

proposed operations require that the PIC must hold at least a Private Pilot Certificate issued by the FAA and 

since the aircraft cannot carry passengers or property, we feel we meet the intent of 61.113 

Subparagraph (b) even though the intent of this application is to conduct a business. 

14 CFR 91.7 Prohibits the Operation of an aircraft without an airworthiness certificate. 

As no such certificate will be applicable in the form contemplated by the FARs, this Regulation is 

inapplicable. 

14 CFR 91.9 Civil aircraft flight manual, marking, and placard requirements. 

This regulation provides that no person may operate an aircraft unless a current, approved flight manual is 

in the aircraft. We assume that the intent of this requirement is to ensure that flight manual information is 

available to the aircrew while operating the aircraft. We request an exemption to this requirement since the 

aircraft is not only too small to carry documentation, the documentation would not be available to the crew 

during flight operations. To obtain an equivalent level of safety and meet the intent of 91.9, we propose that 

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

aircraft is in, or preparing for, flight. 

14 CFR 91.109 Flight Instruction; Simulated instrument flight and certain flight tests 
\ 

The regulation states that "No person may operate a civil aircraft that is being used for flight instruction 

unless that aircraft has fully functioning dual controls." The sUAS System ground-based control station 

consists of a small hand-held radio transmitter and while it does not offer a second set of "controls", both 

the student and instructor can, and will, operate the single set of controls simultaneously. With both 

student and instructor having "hands-on" the controls during flight, 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 closer than 500 feet 

to any person, vessel, vehicle, or structure. Since the typical mission of the sUAS would be photography or 

survey of persons, vessels, vehicles or structures it would be necessary to operate closer than 500 feet to the 

items listed. Operations will only be flown over property or persons where permission has been obtained 

and careful pre-planned has been performed. The aircraft will be operated at a low altitude allowing, if a 

power unit fails, an emergency landing without undue hazard to persons or property on the surface. 

Therefore we maintain that due to the small size of the UAS, the hazard to persons, vehicles and structures 

is minimal compared to manned aircraft, which should be considered in granting the exemption. 

14 CFR 91.121 Altimeter settings. 

The regulation requires that aircraft shall maintain cruising altitudes by reference to an altimeter setting 

available within 100 NM of the aircraft. The sUAS will always fly below 600 feet AGL and will not need to 

maintain cruising altitudes in order to prevent conflict with other aircraft. An Above Ground Level altimeter 

measurement above the takeoff point is transmitted via radio from the sUAS on-board computer to the 

display screen held by the PIC, providing a constantly updated AGL readout. 

14 CFR 91.151 Fuel requirements for flight in VFR conditions. 

The regulation provides that no person may begin a flight in an airplane under day-VFR conditions unless 

there is enough fuel to fly to the first point of intended landing and to fly after that for at least 30 minutes. 

We feel the intention of this paragraph is to provide an energy reserve as a safety buffer for delays to 

landing. The sUAS are battery operated and the maximum duration of flight from a single battery charge is 

12-45 (depending on which sUAS) minutes with a 20% reserve. Since the aircraft will never fly more than 1/2 

NM from the point of intended landing, a full battery charge at launch will ensure that we meet the reserve 

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

c 

equivalent interpretation with the word "energy". We also request exemption from the 30 min reserve and 

ask that our reserve will be to fly the mission to the point of intended landing and have at least a 20% 

battery reserve after that. 

14 CFR 91.203(a) & (b) Civil aircraft: Certifications required. 

The regulation provides that an airworthiness certificate, with the registration number assigned to the aircraft 

and a registration certificate must be aboard the aircraft. Additionally, subparagraph (b) provides that the 

airworthiness certificate be "displayed at the cabin or cockpit entrance so that it is legible to passengers or 

crew." With our largest vehicle, the RF-70, at a maximum gross weight 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 propose that documents deemed 

appropriate for this aircraft by the FAA will be co- located with the crew at the ground control station and 

available for inspection upon request. In order to identify the aircraft, we propose that the information found 

on airworthiness and registration certificates be permanently affixed to the aircraft via placard containing 

the following information plus the word "EXPERIMENTAL" to satisfy the requirement of 14 CFR 45.23. 

14 CFR Subpart E (91.401- 91.417) - Maintenance, Preventive Maintenance, Alterations 

The regulation provides that the operator is primarily responsible for maintaining the aircraft in an 

airworthy condition, including compliance with part 39 and 43. Paragraphs 91.407 and 

91.409 require that the aircraft be "approved for return to service by a person authorized under 43.7" after 

maintenance and inspection. It is our intention that the PIC perform maintenance and inspection of the 

aircraft and "be authorized to approve the aircraft for return to service." 

The PIC will ensure that the aircraft is in an airworthy condition prior to every flight and in addition, 

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

repairing small cracks, replacing a propeller, checking electrical connections and updating software and 

firmware for the on-board computer. All other maintenance will be performed by the manufacturer or their 

designated repair facility. The PIC will document work performed in accordance with 91.417. We feel that due 

to the size, construction, and simplicity of the aircraft, the PIC can ensure an equivalent level of safety.