1

June 7, 2016

Mr. James H. Williams

Manager

Unmanned Aircraft Systems Integration Office

AFS

- 80

800 Independence Ave., S.W.

Washington, D.C. 20591

Dear Mr. Williams:

Enclosed please find an exemption application filed on behalf of Northeast Iowa Community College under Section 333 of the FAA Modernization and Reform Act of 2012 and 14 C.F.R. Part 11 to allow commercial operations of unmanned aircraft for precision aerial survey.

Should your staff or you have any questions, please contact the undersigned.

Very truly yours,

Tad Mueller

Enclosures2

June 7, 2016

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

RE: Exemption Request Under Section 333 of the FAA Reform Act and Part 11 of the Federal

Avi ation Regulations

Ladies and Gentlemen:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the "Reform Act") and 14 C.F .R. Part 11, Northeast Iowa Community College. ("NICC”) operator of Small Unmanned Aircraft Systems ("UAS") reques ts an exemption from the Federal Aviation Regulations ("FARs") listed below and discussed in Appendix A. 1 NICC seeks exemption from the specified FARs to allow its use of the DJI Phantom 3 Professional UAS in commercial operations, such as video films, sti ll photography and observations, so long as such operations are conducted within and under the conditions outlined herein or as established by the FAA in an exemption granted under either Section 333 or Section 49 U.S.C. § 44701(f). 2

NORTHEAST IOWA COMMUNI TY COLLEGE COMMUNITY COLLEGE (hereinafter referred to as “NICC”) is a public community college located in Calmar, Iowa. NICC’s mission is to offer transfer and technical associate degree programs, certificate programs, and continue education opportunities through a system of diverse resources and delivery alternatives accessible to the citizens of Northeast Iowa and the larger learning community. NICC also prepares today’s workforce to meet the needs of a rapidly changing, technologically advanced global ec onomy through traditional and nontraditional alternatives. Use of UAS will permit NICC to have access to aerial photos and videos to graphically show the results of ongoing agricultural research and demonstration projects on the college’s crop land and sur rounding areas. This type of aerial imaging has been unavailable in the past, except through the use of cost prohibitive and less safe manned aircraft operations.

1 See Pub. Law 112

- 95, 126 Stat. 11, § 333 (2012); 14 C.F.R. Part 11 (2014).

2 NICC relies upon the following exemptions where specific reference to an exemption is not provided: Exemptions 11062 through 11067, 11080, 11109 through 11112, 11114, 11136, and

11138.3

As discussed below, NICC's operations under the exemption will be subject to strict operating requirements and conditions to ensure at least an equivalent level of safety to currently authorized operations using manned aircraft and under conditions as may be modified by the FAA as required by Section 333.

As also detailed below, NICC requests an exemption that would authorize commercial operations using the DJI Phantom 3 Professional UAS , which with a maximum take

- off weight

of less than 5 lbs. is small in size. The DJI Phantom 3 Professional UAS will be operated under controlled conditions at low altitude in a remote outdoor setting and in airspace that is limited in scope, as described more fully herein; it will have automated control features, as described

herein. The DJI Phantom 3 Professional UAS als o will be operated by an individual possessing a private pilot certificate.

Because this small UAS will be used in lieu of comparatively hazardous operations now conducted with fixed wing and rotary manned aircraft, NICC respectfully submits that the FAA

c an have confidence that the operations will achieve at least an equivalent level or greater level of safety. Approval of this exemption would thereby enhance safety and fulfill the Secretary of Transportation's (the FAA Administrator's) responsibilities un der Section 333(c) of the Reform Act to "establish requirements for the safe operation of such aircraft systems in the national airspace system."

The name and address of the operator are:

Northeast Iowa Community College

Attn: Tad Mueller 1527 Hwy 150, P .O. Box 400 Calmar, IA 52132

Ph: 563.534.9957 ext 111

Email: muellert@nicc.edu

The regulations from which the exemption is requested are as follows:

14 C.F.R. § 61.113(a) & (b); 14 C.F.R. § 61.133(a);

14 C.F.R. § 91.7(a); 14 C.F.R. § 91.119(c); 14 C.F.R. § 91.151(a); 14 C.F.R. § 91.405(a); 14 C.F.R. § 91.407(a)(1);4

14 C.F.R. § 91.409(a)(2); 14 C.F.R. § 91.417(a) & (b)

Appendix A discusses each rule listed above and explains why exemptions pursuant to the

proposa l set forth in this letter are appropriate, provide an equivalent level of safety, and are in the public interest. Appendix B provides the requisite Federal Register summary. Appendix C specifies the operating limitations and conditions to which NICC agree s to be bound.

SECTION 333'S LEGAL STANDARD

Grant of this exemption application for use of the DJI Phantom 3 Professional for purposes of obtaining and recording aerial imagery of agriculture research and demonstration projects will advance the Congressio nal mandate in Section 333 of the Reform Act to accelerate the introduction of UASs into the national airspace system ("NAS") if such integration can be accomplished safely. This statutory provision directs the Secretary of Transportation to consider

wheth er certain UASs may operate safely in the NAS before completion of the rulemaking required under Section 332 of the Reform Act. In doing so, the Secretary is required to determine which types of UASs do not create a hazard to users of the NAS or the public or pose a threat to national security in light of the following:

• The UAS's size, weight, speed, and operational capability;

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

• Operation of the UAS within visual line of sight of the operator. 3

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." /d. § 333(c) (emphas is added). 4

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, from the requirement that all civi l aircraft must have a current airworthiness certificate and those regulations requiring commercial pilots to operate aircraft in commercial

service:

3 Reform Act§ 333(a)(1).

4 Applicant submits that this provision places a duty on the Administrator to not only process applications for exemptions under Section 333, but for the Administrator, if he deems the conditions proposed herein require

modification in order to allow approval, to supply conditions for the safe operation of the UAS. NICC requests the opportunity to consult with the FAA staff to address any issues or concerns that they believe may require such

modification.5

The Administrator may grant an exemption from a requirement of a regulation prescribed under subsection ( a) or (b) of this section or any of sections 44702

- 44716 of this title if the Administrator finds the exemption is in the public interest.

49 U.S. C. § 44701(f). See also 49 U.S. C. § 44711(a); 49 U.S.C. § 44704; 14 C.F.R. §91.203(a)(1).

The grant of the r equested exemption is in the public interest given the clear direction in Section 333 of the Reform Act; the additional authority in the Federal Aviation Act, as amended; the strong equivalent level of safety surrounding the proposed operations; and the si gnificant public benefit arising from the use of new technology to provide services that are not practical or safe to provide using traditional aircraft. Accordingly, the applicant respectfully requests that the FAA grant the requested exemption without de lay.

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

The applicant proposes that the exemption requested herein apply to civil aircraft that have the characteristics and that operate with the limitations and conditions listed in Appendix C. These limitations provi de for at least an equivalent or even higher level of safety to operations under the current regulatory structure because the proposed operations represent a safety enhancement to operations that would be conducted with conventional aircraft. These conditi ons are drawn from Exemptions 11062 through 11067, 11080, 11109, 11110, 11136, 11138, 11150, and 11153.

HOW GRANTING THE EXEMPTION WOULD BE IN THE PUBLIC INTEREST

Currently NICC has ongoing research and demonstration projects with the National Corn

Grower s Soil Health Partnership and with the National Resource and Conservation Service Winneshiek County Watershed Project. Both of this projects are designed to educate area producers on best practices that maintain long term productivity of cropland. Field d ays are held annually at NICC to promote these practices. The limitations of the field days is that the practices can only be observed at ground level and on the one static day. The use of a UAS would provide aerial imagery that would give a bird's eye vie w of the results and benefits of the practices. In addition, due to the low cost of using a UAS, imagery could be collected constantly during the year and over several years showing the progress that occurs.

As part the educational program at NICC students are involved in assisting with the collection of data for these projects during the spring and the fall. Students are off campus at internship sites during the summary and are not able to view the ongoing progress of the demonstrations. Using

the UAS for imagery collection throughout the summer would allow us to post imagery on the web throughout the summer and utilize the imagery to enhance the instruction in our classes6

during the academic year. In addition during the fall data collection students could observe the use, following proper safety guidelines, of the UAS in collecting imagery.

Grant of this exemption for commercial aerial imaging operations will also enhance safety by reducing risk. Using rotor or fixed wing conventional aircraft for this purpose, as has historically been the standard method. Such aircraft must fly to and from the location where filming will take place. Use of a UAS weighing less than 10 lbs. and powered by batteries eliminates virtually all

of the risk associated with use of conventional aircraft for this purpose, given that the UAS does not use flammable fuel and the much lower mass of the aircraft. In addition, the UAS avoids other risks associated with manned flight because it will carry no passengers or crew and is

carr ied to the target area, rather than being flown to the site.

ADDITIONAL ISSUES

Privacy . All flights will occur over private or controlled access property with the property owner's prior consent and knowledge. Operations will be located in remote areas wher e the owners have agreed to allow NICC’s activities to take place. The NICC UAS Use Policy and Permission Acquisition form that will be used for operations have been included with this application.

National Security . Grant of this exemption will not raise any national security issues. Given the size, load carrying capacity, speed at which it operates, and the fact that it carries no explosives or other dangerous materials, the DJI Phantom 3 Professional poses no threat to national security

CONCLUSION

NICC s eeks an exemption from the FARs set forth in Appendix A to operate commercially a small unmanned vehicle (55 lbs. or less). NICC seeks exemption from the specified FARs to allow its use of the DJI Phantom 3 Professional UAS in commercial operations for col lecting of aerial imagery. Specifically to have access to aerial photos and videos to graphically show the results of ongoing agricultural research and demonstration projects on the college’s land and surrounding areas. Operations will be in accordance wit h the limitations and conditions set forth in Appendix C.

Consequently, the operation of small UAS, weighing less than 55 lbs., conducted in the strict conditions outlined in Appendix C, will provide an equivalent level of safety supporting the grant of t he exemptions requested herein. These lightweight aircraft operate at slow speeds, close to the ground, and in areas that are under the control of the operator.

Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012

- size, weight, speed, operating capabilities, proximity to airports and populated areas, and operation within visual line of sight and national security

- provide more than adequate justification for the grant of the requested exemptions allowing commercial operation of applicant's sUAS for the purposes7

outlined herein and are consistent with exemptions already granted, including Exemptions 11062 through 11067, 11080, 11109 through 11112, 11114, 11136, 11138, 11150 and 11153.

Given that NICC is willing to abide by condit ions the FAA has required in issuing recent Section 333 exemptions, as set forth in Appendix C, the FAA has a strong basis for prompt consideration and grant of this request.

Please contact undersigned if you have any questions.

Tad A Mueller

Northeast I owa Community College 1527 Hwy 150, P.O. Box 400 Calmar, IA 52132

Ph: 563.534.9957 ext 111

Email: muellert@nicc.edu