Bliss Lab 

Bliss Laboratory of Information, Signals, and Systems 

To: U. S. Department of Transportation Docket Management System

1200 New Jersey Ave., SE

Washington DC 20590

From: Daniel W. Bliss

Subject: Exemption Request Pursuant to Section 333 of the FAA Reform Act and Part 11 of the

Federal Aviation Regulations

Date: April 24, 2015

Executive Summary

The Bliss Laboratory of Information, Signals, and Systems (BLISS) at Arizona State University

(ASU) conducts research in a variety of areas including advance wireless multiple-input and

multiple-output (MIMO) communications, advance remote sensing, in-band full-duplex communications, and anticipatory physiological monitoring. BLISS is seeking a petition for exemption

for relief from airworthiness certification requirements under the Federal Aviation Administration (FAA) Modernization and Reform Act of 2012, Public Law 112-95 FEB. 14, 2012, Section 333

in order to use UASs to conduct research and investigate the multiple-input and multiple-output

(MIMO) wireless channel phenomenology of UAS vehicles within the National Airspace (”NAS”)

system.

encl: Troy Built Models DJI S-1000 Plus Pilots Operating Handbook

DJI Spreading Wings S1000 User Manual

ASU’s Fire Prevention & Safety Plan

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Contents

I Petitioner’s Proposed UAS Operations Meet the Requirements of Section 333 of the Reform Act 3

II Regulations From Which Exemption is Requested 3

A 14 C.F.R. Part 21, Subpart H - Airworthiness Certificates . . . . . . . . . . . . . . . . . 4

B 14 C.F.R. §45.23(b): Aircraft Marking and Identification Requirements . . . . . . . . . 4

C 14 C.F.R. §61.113 Private pilot privileges and limitations: Pilot in command (PIC) . . 4

D 14 C.F.R. §91.7(a) Civil Aircraft Airworthiness . . . . . . . . . . . . . . . . . . . . . . . 5

E 14 C.F.R. §91.9 (b)(2) Civil Aircraft Flight Manual in the Aircraft . . . . . . . . . . . . 5

F 14 C.F.R. §91.103(b) Pre-flight Action . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

G 14 C.F.R. §91.105 Flight Crewmembers at Stations . . . . . . . . . . . . . . . . . . . . 5

H C.F.R. §91.119 Minimum Safe Altitudes . . . . . . . . . . . . . . . . . . . . . . . . . . 5

I 14 C.F.R. §91.121 Altimeter Settings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

J 14 C.F.R. §91.151(a) Fuel Requirements for Flight in VFR Conditions . . . . . . . . . . 6

K 14 C.F.R. §91.203 Civil Aircraft: Certifications Required . . . . . . . . . . . . . . . . . 6

L 14 C.F.R. §91.405 Maintenance required . . . . . . . . . . . . . . . . . . . . . . . . . . 6

M 14 C.F.R. §91.407 Operation after Maintenance, Preventive Maintenance, Rebuilding, Alteration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

N 14 C.F.R. §91.409 Inspections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

O 14 C.F.R. §91.417 Maintenance records . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

III Public Interest 7

IV Privacy 7

V Federal Register Summary 7

VI Conclusion 8

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I Petitioner’s Proposed UAS Operations Meet the Requirements of Section 333 of the Reform Act

The Bliss Laboratory of Information, Signals, and Systems (BLISS) seeks an exemption to use

Unmanned Aircraft Systems (UASs) to conduct research and investigate the multiple-input and

multiple-output (MIMO) wireless channel phenomenology of UAS vehicles within the National

Airspace (”NAS”) system. The Petitioner has access to experienced aviation professionals, to cover

all of the skill sets necessary to offer safe and effective UAS services. In addition, Petitioner’s research team intends to consult with these professionals often during the experiments. In addition,

the Petitioner will proactively encourage UAS capability and safety demonstrations to the general

public and local government agencies in an effort to collectively convince these organizations that

the operation of UASs is safe, controlled and in the public interest.

The Petitioner seeks an exemption to use Unmanned Aircraft Systems (UASs) to conduct research and investigate the multiple-input and multiple-output (MIMO) wireless channel phenomenology of UAS vehicles within the National Airspace (”NAS”) system. The Petitioner plans

to accomplish this using the DJI S-1000 Octocopter UAS model with a Universal Software Radio

Peripheral (USRP) Software Defined Radio (SDR) B-210 (operating within the S band frequency

range 2 GHz - 4 GHz) transceiver and Intel Next Unit of Computing (NUC) computer as the payload. Exemption is further sought to enable Petitioner to share the collected data with other US

and local government agencies, government contractors, and academic research institutions who

share a common interest in MIMO wireless channel phenomenology.

The Petitioner will operate small UASs, in accordance with ASU’s Fire Prevention & Safety

Plan, the DJI Spreading Wings S1000 User Manual (S1000UM), and the Troy Built Models, Inc.

Pilot Operation Handbook (TBMPOH) for DJI S-1000/Zenmuse. Furthermore, any conditions

that may be established by the FAA as required by Section 333. In brief, the requested exemptions

would permit the operation of UAS that are less than 55 lbs:

• by an FAA licensed pilot;

• at less than 400 feet of altitude above ground level (AGL);

• in an area that is limited and predetermined;

• where public access to such area is controlled;

• where operational intentions are communicated to the local FSDO;

• in accordance with any other rules set forth by the FAA.

II Regulations From Which Exemption is Requested

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 UASs, from its safety regulations and minimum standards when the Administrator decides that a requested exemption is in the public interest.

Petitioner seeks an exemption from several interrelated provisions of 14 C.F.R. Parts 21, 45, 61

and 91 for purposes of conducting the requested operations using a UAS. Listed below are (1) the

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specific sections of 14 C.F.R. for which exemption is sought, and (2) the operating procedures and

safeguards that Petitioner has established which will ensure a level of safety better than or equal

to the rules from which exemption is sought.

A 14 C.F.R. Part 21, Subpart H - Airworthiness Certificates

Petitioner requests exemption from the requirements for an airworthiness certificate, pursuant to

49 U.S. Code §44701(f) and Section 333 of the Reform Act. The UAS here (DJI S1000) is manufactured without an airworthiness certificate and there are no mechanics to certify these aircraft, an

equivalent level of flight safety is attained by special pilot training, ground based security procedures, as well as safety features programmed into the UAS to guard against lost or degraded

communications, lost satellite reception, geomagnetic interference. The UAS to be operated here

is less than fifty-five (55) lbs. fully loaded, fly at a speed of no more than forty (40) knots, fly at

altitudes of less than four-hundred (400) feet above ground level (AGL), have a total flight time of

no more than forty (40) minutes, and is controlled by a pilot that will maintain visual line-of-sight

(VLOS), in accordance with the statutory mandate under Section 333 (b)(1). Additionally, the UAS

will carry neither pilot nor passengers, carry no flammable liquid or explosive materials, and operate in an area that is secured to prevent public entry. Furthermore, the UAS flight will not be

operated within four (4) miles of any airport, and notice will be given to the local Flight Service

District Office (FSDO) prior flight operations

B 14 C.F.R. §45.23(b): Aircraft Marking and Identification Requirements

Petitioner requests an exemption, or in the alternative, a finding that §45.23(b) does not apply as

the UASs hereunder will not be issued experimental certificates. Due to the small size and weight

(less than 24 lbs fully loaded) of the UAS, there is no place on the UAS to which the N-Number

identification number can be placed such that it will be readable to the pilot and/or ground crew.

C 14 C.F.R. §61.113 Private pilot privileges and limitations: Pilot in command (PIC)

Petitioner requests an exemption from the limitations of §61.113 as an equivalent level of safety

can achieved through specialized flight experience in piloting the UAS as well as through practice

on a UAS software simulator. The training and knowledge required for pilots of conventional

aircraft would not necessary make a pilot safe to operate a UAS. In addition, safety for the public,

pilot, and crew is achieved through the design limits of the aircraft and petitioner’s adherence to

the conditions for flight as established by the FAA as required by Section 333. Furthermore, the Petitioner has access to experienced aviation professionals, who have experience flying similar UASs

to cover all of the skill sets necessary to offer safe and effective UAS services. In addition, Petitioner?s research team intends to consult with these professionals often during the experiments.

Here, the risk to the public is mitigated because the small size of the UAS prevents carrying

pilot or passengers or any cargo other than a USRP B-210 transceiver and Intel NUC control computer. As a Pilot In Command (PIC), Visual Observer (VO) and crew will always remain on the

ground, the level of safety is thereby greater than what can be achieved in traditional aircraft.

Additionally, the TBMPOH prescribes further safeguards through advanced flight planning and

operations in a controlled environment.

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D 14 C.F.R. §91.7(a) Civil Aircraft Airworthiness

Petitioner seeks exemption to the extent this rule requires an airworthiness certificate. As no such

certificates exist for UASs. An equivalent level of safety will be achieved as the PIC of the UAS will

ensure the airworthiness of the UAS through use of the procedures prescribed in the TBMPOH for

pre-flight inspection, review of logs, and test flights.

E 14 C.F.R. §91.9 (b)(2) Civil Aircraft Flight Manual in the Aircraft

Petitioner seeks exemption because there is no approved Flight Manual for the proposed UAS.

An equivalent level of safety can be achieved through adherence to the TBMPOH which includes

aircraft specifications, aircraft operational limitations, and an operations check-list. The pilot in

command will keep the TMBPOH on site during flight operations.

F 14 C.F.R. §91.103(b) Pre-flight Action

Petitioner seeks exemption to the extent the rule requires the PIC to have a runway and the proposed UAS is a Vertical Take-off and Landing (VTOL) vessel. Thus, it will not be operated within

four (4) miles of any public airport. An equivalent level of safety and public benefit is achieved by

the comprehensive flight planning and communications as described in the TMBPOH.

G 14 C.F.R. §91.105 Flight Crewmembers at Stations

Petitioner seeks exemption as the UAS have no ability to carry pilot or crew, and thereby have no

seats, seat belts, or crew stations. An equivalent level of safety can be achieved by the pilot always

having positive control of the remote control and maintaining VLOS with the UAS at all times.

H C.F.R. §91.119 Minimum Safe Altitudes

Petitioner seeks exemption here because flight operations will always be below four-hundred (400)

feet AGL. An equivalent level of safety will be achieved through pre-flight planning, communication with the local FSDO, securing the flight area to prevent the public from entering, briefing

all crew on emergency procedures, and ensuring operation of aircraft safety systems. Protections

equivalent to minimum safe altitudes are created because, in the event of low-battery power, loss

of communication or interference with communication between the remote control and the aircraft, on-board safety programs will automatically land the UAS at a predetermined safe area.

Similarly, the operational environment will be controlled to keep out the public.

I 14 C.F.R. §91.121 Altimeter Settings

Petitioner seeks an exemption because the proposed UAS is manufactured without a barometric

altimeter and two-way communications radio. An equivalent level of safety is achieved through

an on-board flight control system that features a GPS sensor, which streams altitude data in real

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time to the PIC. Further safety is achieved through the Section 333 requirement that the PIC maintain VLOS at all times.

J 14 C.F.R. §91.151(a) Fuel Requirements for Flight in VFR Conditions

Petitioner seeks an exemption given that the UAS flight duration will be less than 30 minutes. An

equivalent level of safety is achieved by implementation of a minimum battery life requirement

rather than minimum fuel requirement. The FAA has stated that an equivalent level of safety is

provided if the UAS flight is terminated with at least 25% reserve battery power still available. See

Grant of Exemption to Astraeus Aerial, Docket No. FAA-2014-0352.

K 14 C.F.R. §91.203 Civil Aircraft: Certifications Required

Petitioner seeks exemption as the PIC of the UAS will have the TMBPOH and S1000UM on hand

during flight operations and communicate pertinent information to crew.. The TMBPOH and

S1000UM include all documentation, safety information, and warnings required for safe operation of the UAS. Given that the UAS proposed to be operated here is manufactured without the

capacity to carry documents and are sold without Airworthiness Certificates an equivalent level

of safety can be achieved by the PIC maintaining VLOS with the UAS.

L 14 C.F.R. §91.405 Maintenance required

Petitioner seeks exemption from these sections because they only apply to an aircraft with an

airworthiness certificate, which the UAS vehicles do not have. An equivalent level of safety can be

achieved by following the maintenance and repair recommendations set forth in the TMBPOH and

S1000UM. The PIC will be responsible for inspecting the UAS prior to each flight and determining

fitness for flight after maintenance and logging this information for future reference.

M 14 C.F.R. §91.407 Operation after Maintenance, Preventive Maintenance, Rebuilding, Alteration

Petitioner seeks exemption from §91.407 as there are currently no persons authorized under 47.7

to service the UAS. The Petitioner is the person most familiar with the aircraft and best suited

to maintain the aircraft and perform post-maintenance, pre-flight inspections and ground tests to

confirm that the flight characteristics of the UAS have not been substantially effected after maintenance.

N 14 C.F.R. §91.409 Inspections

Petitioner is seeking exemption from §91.409 for reasons similar to those articulated in the requests

for exemption from §91.407 and §91.405 above. There are currently no persons authorized under

§47.7 to service or inspect UAS, but an an equivalent level of safety will be achieved by petitioner

making thorough pre-flight inspections and keeping detailed records of all maintenance or repairs.

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As above, post-maintenance pre-flight inspections and ground tests will be conducted to confirm

that the flight characteristics of the UAS have not been substantially effected.

O 14 C.F.R. §91.417 Maintenance records

Petitioner is seeking exemption from 91.417 to the extent the rule requires a certificated person to

perform work under 91.417(a)(1)(iii), compliance with Airworthiness Directives under sub- section (a)(1)(v), and / or copies of alteration forms under (a)(1)(vi). An equivalent level of safety

will be achieved by petitioner keeping maintenance logs and documentation in the Aircraft Operational Handbook.

III Public Interest

Granting Petitioner’s exemption request furthers the public interest. National policy set by Congress

favors early integration of UAS into the NAS in controlled, safe working environments such as

those proposed in this petition. Furthermore, the data collected through the UAS experiments

will be used to further study methods in improving wireless communications systems. The data

will help to give researchers insight into airborne wireless channel phenomenology to help with

development of better channel prediction and channel estimation algorithms. The UAS proposed

for the exemptions is very light, with a twenty-four pound (24lb) maximum gross weight. It will

not not carry any flammable liquid fuel, further reducing the risk from any potential accident.

Petitioner has access to experienced aviation professionals, to cover all of the skill sets necessary

to offer safe and effective UAS services. In addition, Petitioner?s research team intends to consult with these professionals throughout the experiments. Here all aspects of flight including pilot

training and check-out, site evaluation, mission planning, contact with the appropriate FSDO, preflight inspections, crew briefings and site security during flight operations will ensure a level of

safety to the public equivalent, or higher than that provided in current rules.

IV Privacy

All flights will be conducted in accordance with any federal, state or local laws regarding privacy.

V Federal Register Summary

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 rules: 14 C.F.R. §§21 Subpart H, 45.23(b), 61.113 (a) & (b), 91.7(a), 91.9(b), 91.103(b)(2),

91.105, 91.109, 91.119, 91.121, 91.151(a), 91.203(a) & (b), 91.405, 91.407, 91.409, 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 performing equivalent work with conventional aircraft

and rotorcraft.

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VI Conclusion

Satisfaction of the criteria provided in Section 333 of the Reform Act of2012-size, weight, speed,

operating capabilities, proximity to airports and populated areas, operation within visual line of

sight, and national security - provides more than adequate justification for the grant of the requested exemptions to permit Petitioner to operate the selected UAS and investigate the multipleinput and multiple-output (MIMO) wireless channel phenomenology of UAS vehicles within the

National Airspace (”NAS”) system. Granting the requested exemption will benefit the public interest as a whole in many ways, including (1) significantly improving safety and reducing risk by

alleviating human exposure to danger, and (2) improving wireless channel estimation and prediction algorithms for improving wireless communication systems.

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