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BEFORE THE

FEDERAL AVIATION ADMINISTRATION

___________________________________________________

The Samuel Roberts Noble Foundation,

Petitioner. Docket No. FAA-2015-_____

PETITION OF THE SAMUEL ROBERTS NOBLE FOUNDATION

FOR AN EXEMPTION FROM CERTAIN FEDERAL AVIATION REGULATIONS

TO PERMIT UNMANNED AIRCRAFT SYSTEMS (UAS) OPERATIONS

Lisa Ellman and Patrick R. Rizzi

Hogan Lovells US LLP

555 13th Street, N.W.

Washington, DC 20004

Phone: 202-637-6934 / -5659

Fax: 202-637-5910

lisa.ellman@hoganlovells.com

patrick.rizzi@hoganlovells.com

COUNSEL FOR THE SAMUEL ROBERTS NOBLE FOUNDATION

DATE: June 30, 2015
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TABLE OF CONTENTS

Page

1. BACKGROUND INFORMATION: THE PETITIONER ..................................................................................- 1 -

2. PROPOSED UAS OPERATIONS: THE EXEMPTION REQUEST ...............................................................- 2 -

3. PROPOSED CONDITIONS AND LIMITATIONS ...........................................................................................- 3 -

3.1 Conditions and limitations regarding the proposed UAS...........................................................- 4 -

3.2 Conditions and limitations regarding the proposed UAS operations .......................................- 4 -

3.3 Conditions and limitations regarding the Pilot in Command and other

crewmember qualifications and training......................................................................................- 8 -

3.4 Conditions and limitations regarding the Noble Foundation manuals related to

UAS operations ..............................................................................................................................- 9 -

4. REQUEST FOR DETERMINATION UNDER SECTION 333 OF FMRA ........................................................- 11 -

5. INFORMATION REQUIRED BY 14 C.F.R. § 11.81 TO SUPPORT A PETITION FOR

EXEMPTION ..................................................................................................................................................- 11 -

5.1 Contact information .......................................................................................................................- 11 -

5.2 The specific section or sections of the FAR from which the Noble Foundation

seeks an exemption .......................................................................................................................- 12 -

5.3 The extent of relief sought and the reason relief is sought........................................................- 12 -

5.4 Reasons why granting the request would be in the public interest ..........................................- 26 -

5.5 Reasons why granting the exemption would not adversely affect safety, or how

the exemption would provide a level of safety at least equal to that provided by

the rule from which exemption is sought ....................................................................................- 27 -

5.6 Summary that can be published in Federal Register, including the rule from

which exemption is sought, and a brief description of the nature of the

exemption sought. .........................................................................................................................- 29 -

5.7 Additional information that supports request .............................................................................- 29 -

5.8 Request to exercise the privileges of the exemption outside the U.S.......................................- 29 -

5.9 Attachments ...................................................................................................................................- 29 -

6. CONCLUSION ...............................................................................................................................................- 30 -
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1. BACKGROUND INFORMATION: THE PETITIONER

The Samuel Roberts Noble Foundation (“Noble Foundation”), headquartered in Ardmore,

Oklahoma, is an independent, nonprofit institute conducting plant science research and agricultural

programs to enhance agricultural productivity, which positively impacts agriculture regionally,

nationally, and internationally. Founded in 1945, the Noble Foundation continues the vision of its

founder, Lloyd Noble, to influence agriculture by exploring and improving production agriculture

techniques; advancing plant science through research and discovery; and making such knowledge

publicly available.

The Noble Foundation has become a leading plant and agricultural research institute that: (a)

conducts fundamental research for plant gene/trait discovery; (b) conducts fundamental research to

produce critical, publicly available genomic/genetic resources for researchers worldwide; (c)

performs translational and developmental research to incorporate innovations and discoveries into

plants; (d) performs plant breeding and development; and (e) evaluates and assesses crops and

technology in a production agricultural environment for performance and value assessment. These

research operations complement the Noble Foundation’s agricultural programs, which involve longterm, professional relationships with regional agricultural producers to assist them in achieving their

individual production, financial, and quality-of-life goals.

The Noble Foundation's operations are conducted through three operating divisions:

agricultural, plant biology, and forage improvement. The Noble Foundation employs about 350 staff

members. Among these employees, more than 110 hold doctorate level degrees. These operations

are based on an 800-acre campus and a complementary 13,000 acres of farms offering different soil

types, land forms, and other operating characteristics in southern Oklahoma.
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The Noble Foundation is constantly seeking new and innovative applications and

technologies to advance agriculture, benefit productivity, and improve food safety and security for

consumers. UAS technologies have enormous potential for aerial imaging and remote sensing

applications in agricultural research and production environments. The consistent ability of a UAS to

repeatedly, safely, and cost effectively acquire very high resolution, remotely-sensed research data

at low altitudes holds the potential to change agriculture--not only for high-value crops but also for

low-margin, pasture, and range operations. The ability to operate UAS would benefit the Noble

Foundation’s research and education programs tremendously. For these reasons, the Noble

Foundation seeks an exemption to operate small UAS for aerial data collection for the purpose of

conducting aerial imaging, remote sensing, and aerial surveying in support of Noble Foundation

research operations.

2. PROPOSED UAS OPERATIONS: THE EXEMPTION REQUEST

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (“FMRA”) and 14

C.F.R. (“FAR”) §§ 11.61(b), 11.63(a), and 11.81, the Noble Foundation requests that the FAA grant

the Noble Foundation an exemption from certain sections of the FAR (detailed below in Sections 5.2

and 5.3) so that the Noble Foundation may operate one or more small UAS for aerial data collection

for the purpose of conducting aerial imaging, remote sensing, and aerial surveying in support of

research operations. These operations would include researching how UAS could be used to

advance agriculture, benefit productivity, and improve food safety and security for consumers.

These proposed operations involve aerial data collection, consistent with grants like Exemption No.

11213 (March 24, 2015; Docket FAA-2014-0642) (“Aeryon Labs Exemption”), as well as previously

granted summary grant exemptions. As explained below, the Noble Foundation’s proposed UAS

operations, as conditioned and limited herein, will not adversely affect safety, but rather will provide

an equivalent or greater level of safety than that provided by the current rules, large manned aircraft

operations, and other current data collection methods. See FAR § 11.81.
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The Noble Foundation respectfully requests that the FAA grant the requested exemption on

an expedited basis. To that end, as detailed below, the Noble Foundation agrees to comply with the

conditions and limitations imposed in recent exemptions, including ones related to precision

agriculture, aerial surveying, and research and development activities. See, e.g., Exemption No.

11345 (April 16, 2015; Docket FAA−2015−0048) (“PrecisionHawk Exemption”); Exemption No.

11855 (June 18, 2015; Docket FAA-2015-1163) (“US Drone Aviation Exemption”).

Given the Noble Foundation’s agreement to comply with these conditions and limitations,

and given that this Petition is similar in all material respects to those petitions for which summary

grant exemptions have been granted, and that the proposed UAS use falls within the “aerial data

collection” category of uses permitted by numerous summary grant exemptions, no new precedent

would be set by granting the requested exemption, and any delay in the FAA’s acting on this Petition

would be detrimental to the Noble Foundation and delay its research and implementation of these

use cases. Accordingly, as with the PrecisionHawk Exemption, at 1, and the US Drone Aviation

Exemption, at 1, good cause exists for the FAA to move forward with consideration of this Petition

and the grant of this exemption without publishing a summary of the Petition in the Federal Register.

3. PROPOSED CONDITIONS AND LIMITATIONS

The small UAS operations proposed in this Petition will be subject to the following conditions

and limitations. As noted above, these conditions and limitations are the same conditions and

limitations as those in previously granted small UAS Section 333 exemptions, including recent

summary grant exemptions. To facilitate the FAA’s review of this Petition, the Noble Foundation

provides a chart at the end of this Section 3 cross-referencing the conditions and limitations from the

PrecisionHawk Exemption and the Aeryon Labs Exemption with the corresponding conditions and

limitations outlined below. Collectively, these conditions and limitations ensure that the proposed

small UAS operations will not adversely affect safety and will provide at least an equivalent level of

safety to that provided by the current rules, large manned aircraft operations, and other data

collection methods.
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3.1 Conditions and limitations regarding the proposed UAS

The Noble Foundation intends to operate the small, lightweight Hawkeye Mk-III UAS under

the requested exemption. The Hawkeye Mk-III is a miniature propeller fixed-wing airplane built by

PrecisionHawk that weighs less than six pounds. It has been approved previously by the FAA in

other exemptions, including the PrecisionHawk Exemption and Exemption No. 11309 (April 8, 2015;

Docket FAA-2014-0946) (“USAA Exemption”).

Each UAS operated under the exemption will be subject to the following conditions and

limitations:

3.1.1 Operations under the exemption will be limited to the Hawkeye Mk-III

UAS. The UA will have a gross weight of not more than 55 pounds,

including energy sources, equipment, and payload. Proposed

operations of any other UAS will require a new petition or a petition to

amend this exemption. [Aeryon Labs Exemption Limitation No. 1;

PrecisionHawk Exemption Limitation No. 1.]

3.1.2 The UA will not be operated at airspeeds greater than the maximum UA

operating speed recommended by the UA manufacturer, and in no

event will it be operated at a speed exceeding 87 knots (100 miles per

hour). The Noble Foundation may use either groundspeed or

calibrated airspeed to determine compliance with the maximum speed

restriction. [Aeryon Labs Exemption Limitation No. 3; PrecisionHawk

Exemption Limitation No. 3.]

3.1.3 The UA will be identified by its serial number and registered with the

FAA in accordance with FAR Part 47. [Aeryon Labs Exemption

Limitation No. 22; PrecisionHawk Exemption Limitation No. 22.]

3.1.4 The UA will have identification markings in accordance with FAR Part

45, with the markings being as large as practicable. [Aeryon Labs

Exemption Limitation No. 22; PrecisionHawk Exemption Limitation No.

22.]

3.2 Conditions and limitations regarding the proposed UAS operations

All UAS operations under the exemption will be subject to the following conditions and

limitations:

3.2.1 All UAS operations will be covered by an Air Traffic Organization

(“ATO”)-issued Certificate of Waiver or Authorization (“COA”). All UAS

operations will be conducted in accordance with the airspace

requirements in the ATO-issued COA. Should the Noble Foundation
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want to conduct operations that cannot be conducted under the terms

of the blanket COA accompanying this exemption, the Noble

Foundation will apply for a new or amended COA. [Aeryon Labs

Exemption Limitation No. 21; PrecisionHawk Exemption Limitation No.

21.]

3.2.2 Operations for the purpose of closed-set motion picture and television

filming are not permitted under this exemption. [Aeryon Labs

Exemption Limitation No. 2; PrecisionHawk Exemption Limitation No.

2.]

3.2.3 The UA will not operate within 5 nautical miles of an airport’s reference

point (“ARP”) as denoted in the current FAA Airport/Facility Directory,

or for airports not denoted with an ARP, the center of the airport symbol

as denoted on the current FAA-published aeronautical chart, unless a

letter agreement with that airport’s management is obtained or such an

operation is otherwise permitted by a COA issued to the Noble

Foundation. The Noble Foundation will make the letter agreement

available to the FAA or any law enforcement official upon request.

[Aeryon Labs Exemption Limitation No. 16; PrecisionHawk Exemption

Limitation No. 16.]

3.2.4 The minimum crew for each UAS operation will consist of one Pilot in

Command (“PIC”) and one Visual Observer (“VO”). The PIC will be

designated before the flight, and cannot transfer his or her designation

for the duration of the flight. The PIC must ensure that the VO can

perform the functions prescribed for the VO. [Aeryon Labs Exemption

Limitation No. 6; PrecisionHawk Exemption Limitation No. 6.]

3.2.5 The UA will be operated within the visual line of sight (“VLOS”) of the

PIC and VO at all times. The PIC will maintain VLOS with human

vision unaided by any device other than corrective lenses as specified

on the PIC’s FAA-issued airman medical certificate or U.S. driver’s

license. [Aeryon Labs Exemption Limitations Nos. 5 and 6;

PrecisionHawk Exemption Limitations Nos. 5 and 6.] The VO may be

used to satisfy the VLOS requirement as long as the PIC always

maintains VLOS capability. [Aeryon Labs Exemption Limitation No. 6;

PrecisionHawk Exemption Limitation No. 6.]

3.2.6 During each UAS operation, the PIC and the VO must be able to

communicate verbally with each other at all times. Electronic

messaging or texting by the PIC and the VO is not permitted during

UAS flight operations. [Aeryon Labs Exemption Limitation No. 6;

PrecisionHawk Exemption Limitation No. 6.]

3.2.7 The PIC is prohibited from beginning a UAS flight unless (considering

wind and forecast weather conditions) there is enough available power

for the UA to conduct the intended operation and to operate after that

for at least five minutes or, if greater, with the reserve power

recommended by the UA manufacturer. [Aeryon Labs Exemption

Limitation No. 20; PrecisionHawk Exemption Limitation No. 20.]
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3.2.8 Prior to each UA flight, the PIC will conduct a pre-flight inspection and

determine that the UAS (including the Ground Control Station) is in a

condition for safe flight. The pre-flight inspection will account for all

potential discrepancies, e.g., non-functioning components, items or

equipment. If the inspection reveals a condition that affects the safe

operation of the UAS, the UA is prohibited from operating until the

necessary maintenance has been performed, and the UAS is found to

be in a condition for safe flight. [Aeryon Labs Exemption Limitation No.

10; PrecisionHawk Exemption Limitation No. 10.]

3.2.9 The operator is responsible for maintaining and inspecting the UAS to

ensure that it is in a condition for safe operation. [Aeryon Labs

Exemption Limitation No. 9; PrecisionHawk Exemption Limitation No.

9.]

3.2.10 During each UAS operation, the UA will remain at or below 400 feet

above ground level (“AGL”). [Aeryon Labs Exemption Limitation No. 4;

PrecisionHawk Exemption Limitation No. 4.]

3.2.11 Altitude reports made to ATC or other persons must be reported in feet

AGL. [Aeryon Labs Exemption Limitation No. 4; PrecisionHawk

Exemption Limitation No. 4.]

3.2.12 All UAS operations will be conducted over private or controlled-access

property with permission from the property owner/controller or

authorized representative. Permission from the property

owner/controller or authorized representative will be obtained for each

flight to be conducted. [Aeryon Labs Exemption Limitation No. 27;

PrecisionHawk Exemption Limitation No. 27.]

3.2.13 The UA will operate at least 500 feet from all non-participating persons,

vessels, vehicles, and structures unless:

(a) Barriers or structures are present that sufficiently protect nonparticipating persons from the UA and/or debris in the event

of an accident. The Noble Foundation must ensure that nonparticipating persons remain under such protection; and if a

situation arises where non-participating persons leave such

protection and are within 500 feet of the UA, flight operations

must cease immediately in a manner ensuring the safety of

non-participating persons; and/or

(b) The owner/controller of any vessels, vehicles or structures

has granted permission for operating closer to those objects

and the PIC has made a safety assessment of the risk of

operating closer to those objects and determined that it does

not present an undue hazard.

The PIC, VO, operator trainees, and essential persons are not

considered non-participating persons under this exemption.

[Aeryon Labs Exemption Limitation No. 26; PrecisionHawk Exemption

Limitation No. 26.]
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3.2.14 All UAS operations will take place during visual meteorological

conditions (VMC) only. [Aeryon Labs Exemption Limitation No. 15;

PrecisionHawk Exemption Limitation No. 15.]

3.2.15 The Noble Foundation will not operate UAS flights under Special Visual

Flight Rules (SVFR). [Aeryon Labs Exemption Limitation No. 15;

PrecisionHawk Exemption Limitation No. 15.]

3.2.16 All UAS operations will take place during daylight hours. UAS

operations will not be conducted during night, as defined in 14 C.F.R. §

1.1. [Aeryon Labs Exemption Limitation No. 15; PrecisionHawk

Exemption Limitation No. 15.]

3.2.17 During each UAS operation, the UA will avoid, remain clear of, and

yield right-of-way to all manned aviation operations and activities at all

times. [Aeryon Labs Exemption Limitation No. 24; PrecisionHawk

Exemption Limitation No. 24.]

3.2.18 The UA will not be operated less than 500 feet below, or less than

2,000 feet horizontally from, a cloud, or when visibility is less than 3

statute miles from the PIC. [Aeryon Labs Exemption Limitation No. 17;

PrecisionHawk Exemption Limitation No. 17.]

3.2.19 The UAS will not be operated by the PIC from any moving device or

vehicle. [Aeryon Labs Exemption Limitation No. 25; PrecisionHawk

Exemption Limitation No. 25.]

3.2.20 Any UAS that has undergone maintenance or alterations that affect the

UAS operation or UA flight characteristics (e.g., replacement of a flight

critical component) must undergo a functional test flight prior to

conducting further operations under this exemption. Functional test

flights will only be conducted by a PIC with a VO, and must remain at

least 500 feet from other people. The functional test flight must be

conducted in such a manner so as to not pose an undue hazard to

persons and property. [Aeryon Labs Exemption Limitation No. 8;

PrecisionHawk Exemption Limitation No. 8.]

3.2.21 If the UAS loses communications or its GPS signal during any

operation, the UA must return to a pre-determined location within the

private or controlled-access property. [Aeryon Labs Exemption

Limitation No. 18; PrecisionHawk Exemption Limitation No. 18.]

3.2.22 The PIC will abort the UAS operation and UA flight in the event of

unpredicted obstacles or emergencies. [Aeryon Labs Exemption

Limitation No. 19; PrecisionHawk Exemption Limitation No. 19.]

3.2.23 The documents used by the operator to ensure the safe operation and

flight of the UAS and any documents required under 14 C.F.R. §§ 91.9

and 91.203 will be available to the PIC at the Ground Control Station of

the UAS at any time the UA is operating, and will be made available to

the FAA or any law enforcement official upon request. [Aeryon Labs

Exemption Limitation No. 23; PrecisionHawk Exemption Limitation No.

23.]
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3.2.24 Any incident, accident or flight operation that transgresses the lateral or

vertical boundaries of the operational area as defined by the applicable

COA will be reported to the FAA’s UAS Integration Office (AFS-80)

within 24 hours. Accidents will be reported to the National

Transportation Safety Board (“NTSB”) per instructions contained on the

NTSB website: www.ntsb.gov. [Aeryon Labs Exemption Limitation No.

28; PrecisionHawk Exemption Limitation No. 28.]

3.3 Conditions and limitations regarding the Pilot in Command and other

crewmember qualifications and training

The PIC and other crewmembers for each UAS operation under the requested exemption

will be subject to the following conditions and limitations:

3.3.1 The PIC must hold (i) either an ATP, commercial, private, recreational

or sport pilot certificate; and (ii) a current FAA airman medical

certificate or a valid driver’s license issued by a State, the District of

Columbia, Puerto Rico, a U.S. territory/possession, or the Federal

Government. The PIC must satisfy the flight review requirements of 14

C.F.R. § 61.56 in an aircraft for which the PIC is rated on his or her

pilot certificate. [Aeryon Labs Exemption Limitation No. 13;

PrecisionHawk Exemption Limitation No. 13.]

3.3.2 The operator will not permit any PIC to operate the UAS unless the PIC

demonstrates the ability to safely operate the UAS in a manner

consistent with how the UAS will be operated under this exemption,

including evasive and emergency maneuvers and maintaining

appropriate distances from persons, vessels, vehicles, and structures.

PIC qualification flight hours and currency must be logged in a manner

consistent with 14 C.F.R. § 61.51(b). Flights for the purposes of

training the Noble Foundation’s PICs and VOs (training, proficiency,

and experience-building) and determining the PIC’s ability to safely

operate the UAS in a manner consistent with how the UAS will be

operated under this exemption are permitted under the terms of this

exemption. These training operations, however, may only be

conducted during dedicated training sessions. [Aeryon Labs Exemption

Limitation No. 14; PrecisionHawk Exemption Limitation No. 14.]

3.3.3 During training, proficiency, and experience-building flights, all persons

not essential for flight operations are considered non-participants, and

the PIC must operate the UA with appropriate distance from nonparticipants in accordance with 14 C.F.R. § 91.119. [Aeryon Labs

Exemption Limitation No. 14; PrecisionHawk Exemption Limitation No.

14.]
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3.4 Conditions and limitations regarding the Noble Foundation manuals related to

UAS operations

There is a manual and checklist for the PrecisionHawk Hawkeye Mk-III UAS (collectively, the

“Manuals”). The Manuals will be subject to the following limitations and conditions:

3.4.1 The Operating Documents1 must be accessible during UAS operations

and made available to the FAA upon request. If a discrepancy exists

between the conditions and limitations in the exemption and the

procedures outlined in the other Operating Documents, the conditions

and limitations in the exemption take precedence and must be

followed. Otherwise, the Noble Foundation must follow the procedures

as outlined in the Operating Documents. [Aeryon Labs Exemption

Limitation No. 7; PrecisionHawk Exemption Limitation No. 7.]

3.4.2 The Noble Foundation may update or revise its Operating Documents,

and it is the Noble Foundation’s responsibility to track such revisions

and present updated and revised documents to the FAA or any law

enforcement official upon request. The Noble Foundation must also

present updated and revised documents if it petitions for an extension

or amendment of the exemption. If the Noble Foundation determines

that any update or revision would affect the basis upon which the FAA

granted the requested exemption, then the Noble Foundation must

petition for an amendment to the exemption. The Noble Foundation

will contact the FAA’s UAS Integration Office (AFS-80) if questions

arise regarding updates or revisions to the Operating Documents.

[Aeryon Labs Exemption Limitation No. 7; PrecisionHawk Exemption

Limitation No. 7.]

3.4.3 Each UAS operated under the exemption will comply with all

manufacturer safety bulletins. [Aeryon Labs Exemption Limitation No.

12; PrecisionHawk Exemption Limitation No. 12.]

3.4.4 The Noble Foundation will follow the UAS manufacturer’s maintenance,

overhaul, replacement, inspection, and life limit requirements for the

UAS and UAS components. [Aeryon Labs Exemption Limitation No.

11; PrecisionHawk Exemption Limitation No. 11.]

In sum, the Noble Foundation’s operations under this exemption will be subject to the

same conditions and limitations imposed in the Aeryon Labs Exemption and the

PrecisionHawk Exemption.

1

The “Operating Documents” means this exemption, the Manuals, and all other documents

needed by the Noble Foundation to operate the UAS and conduct its operations in accordance with the

conditions and limitations stated in this grant of exemption. [Aeryon Labs Exemption Limitation No. 7;

PrecisionHawk Exemption Limitation No. 7.]
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CROSS-REFERENCES

Aeryon Labs Exemption Limitation No. /

PrecisionHawk Exemption Limitation No.

Petition Limitation No.

1 3.1.1

2 3.2.2

3 3.1.2

4 3.2.10, 3.2.11

5 3.2.5

6 3.2.4, 3.2.5, 3.2.6

7 3.4.1, 3.4.2

8 3.2.20

9 3.2.9

10 3.2.8

11 3.4.4

12 3.4.3

13 3.3.1

14 3.3.2, 3.3.3

15 3.2.14, 3.2.15, 3.2.16

16 3.2.3

17 3.2.18

18 3.2.21

19 3.2.22

20 3.2.7

21 3.2.1

22 3.1.3, 3.1.4
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23 3.2.23

24 3.2.17

25 3.2.19

26 3.2.13

27 3.2.12

28 3.2.24

4. REQUEST FOR DETERMINATION UNDER SECTION 333 OF FMRA

In accordance with FMRA Section 333, the Noble Foundation requests that the Secretary of

Transportation determine that the Noble Foundation’s proposed small UAS operations (i) do not

create a hazard to users of the National Airspace System or the public, and (ii) do not pose a threat

to national security.

The Noble Foundation further requests that, based on the Secretary’s determination, the

FAA determine – as it did in the Aeryon Labs Exemption and the PrecisionHawk Exemption – that

relief from FAR Part 21 and any associated noise certification and testing requirements of FAR Part

36 is not necessary for the UAS operations proposed in this Petition.2

5. INFORMATION REQUIRED BY 14 C.F.R. § 11.81 TO SUPPORT A PETITION FOR

EXEMPTION

As required by FAR § 11.81, the Noble Foundation provides the following information in

support of this Petition:

5.1 Contact information:

Name: The Samuel Roberts Noble Foundation submits this Petition for Exemption,

through counsel, Lisa Ellman and Patrick R. Rizzi.

2 Aeryon Labs Exemption, at 7; PrecisionHawk Exemption, at 2. If the FAA concludes that the

UAS operations proposed in this Petition require an exemption from FAR Parts 21 and/or 36, then the

Noble Foundation requests that the FAA include that relief in the exemption.
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Mailing address: Lisa Ellman and Patrick R. Rizzi

Counsel for The Samuel Roberts Noble Foundation

Hogan Lovells US LLP

555 13th Street, NW

Washington, DC 20004

Telephone/Facsimile number:

(T) 202-637-6934 (Ellman) / 202-637-5659 (Rizzi)

(F) 202-637-5910

E-mail addresses:

lisa.ellman@hoganlovells.com

patrick.rizzi@hoganlovells.com

5.2 The specific section or sections of the FAR from which the Noble Foundation

seeks an exemption:

FAR § 61.23(a) and (c) – Medical certificates: Requirement and Duration.

FAR § 61.101(e)(4) and (5) – Recreational pilot privileges and limitations.

FAR § 61.113(a) and (b) – Private pilot privileges and limitations: Pilot in command.

FAR § 61.315(a), (c)(2), and (c)(3) – What are the privileges and limitations of my

sport pilot certificate?

FAR § 91.7(a) – Civil aircraft airworthiness.

FAR § 91.119(c) – Minimum safe altitudes: General.

FAR § 91.121 – Altimeter settings.

FAR § 91.151 – Fuel requirements for flight in VFR conditions.

FAR § 91.405(a) – Maintenance required.

FAR § 91.407(a)(1) – Operation after maintenance, preventive maintenance,

rebuilding, and inspections.

FAR § 91.409(a)(1) and (2) – Inspections.

FAR § 91.417(a) and (b) – Maintenance records.

5.3 The extent of relief sought and the reason relief is sought:

The Noble Foundation proposes to conduct small UAS operations, as described herein, for

aerial imaging, remote sensing and aerial surveying in support of research operations. In order to be

able to conduct these UAS operations, the Noble Foundation petitions the FAA, pursuant to FAR §§

11.61(b), 11.63(a), and 11.81(b), for an exemption from the following sections of the FAR for the

reasons noted:
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FAR § 61.23(a) and (c) -– Medical certificates: Requirement and Duration.

FAR § 61.101(e)(4) and (5) – Recreational pilot privileges and limitations.

The regulation states, in relevant part:

(e) Except as provided in paragraphs (d) and (i) of this section, a

recreational pilot may not act as pilot in command of an aircraft— . . .

(4) For compensation or hire;

(5) In furtherance of a business; . . . .

FAR § 61.113(a) and (b) – Private pilot privileges and limitations: Pilot in command.

The regulation states, in relevant part:

(a) Except as provided in paragraphs (b) through (h) of this section,

no person who holds a private pilot certificate may act as pilot in

command of an aircraft that is carrying passengers or property for

compensation or hire; nor may that person, for compensation or hire,

act as pilot in command of an aircraft.

(b) A private pilot may, for compensation or hire, 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.

(c) ****.

FAR § 61.315(a) and (c)(2), (c)(3) – What are the privileges and limitations of my sport

pilot certificate?

The regulation states, in relevant part:

(a) If you hold a sport pilot certificate you may act as pilot in

command of a light-sport aircraft, except as specified in paragraph (c)

of this section. . . .

. . . .

(c) You may not act as pilot in command of a light-sport aircraft: . . .

(2) For compensation or hire.

(3) In furtherance of a business. . . .
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The Noble Foundation requests an exemption from these regulations to the extent necessary

to permit the Noble Foundation to conduct UAS operations using PICs who hold (i) an FAA private

pilot, recreational pilot, or a sport pilot certificate, and (ii) an FAA airman medical certificate or a state

driver’s license. While the Noble Foundation recognizes that the FAA normally requires a PIC to hold

a commercial pilot certificate where there is compensation either to the pilot or for the operation, the

Noble Foundation requests that the FAA exempt the Noble Foundation and its PICs from this

requirement since the use of at least a sport pilot as the PIC for the UAS operations under this

exemption will be more safe than the use of a commercial pilot for manned aircraft operations.

Unlike conventional aircraft, the Hawkeye Mk-III is lightweight, remotely controlled, and batterypowered (not fuel/gas), and it has no crew or passengers. The fulfillment of the additional

requirements for a sport, recreational or private pilot to become qualified as a commercial pilot would

not lead to any additional safety benefits when UAS operations are involved.

The differences between the aeronautical knowledge and aeronautical experience

requirements for sport pilots and for commercial pilots are significant in the traditional world of

manned aircraft. However, no aspect of this incremental additional knowledge or aeronautical

experience is significant for the daytime, VMC, low-altitude, visual-line-of-sight, small UAS

operations over private or controlled access properties with property owner/controller permission as

proposed in this Petition. Put another way, there are stark and fundamental differences between the

type of experience and aeronautical knowledge that the PIC of a commercial manned aircraft with

passengers and property should have, versus the type of experience and aeronautical knowledge

that the PIC of a small UAS should have, in order to avoid imperiling passengers or property. In the

Noble Foundation’s case, the small amount of property carried aboard the UA will be the Noble

Foundation’s property. While the PIC will be compensated, all risk of damage to the property (in fact

to the UAS itself) will be borne by the Noble Foundation. There is no expectation or need for the PIC

of the small UA to have the type of experience or aeronautical knowledge that a commercial pilot for

a manned aircraft would have. Similarly, the differences between the flight proficiency requirements

for sport pilots and commercial pilots are not substantively significant here where the operations will
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be conducted strictly during daylight VMC conditions, within VLOS, at altitudes no higher than 400

feet AGL. In addition, the Noble Foundation has a training program to ensure that the experience,

knowledge, and flight proficiency needed to operate the Hawkeye Mk-III safely are achieved for its

PICs. Accordingly, there is no reason to require the UAS PIC to have more aeronautical knowledge,

experience, and flight proficiency than that required for a sport pilot certificate.

Given that the Noble Foundation plans to operate its Hawkeye Mk-III UAS over private or

controlled-access property and at low altitudes during daytime in VMC, the parallel nature of sport

pilot aeronautical knowledge requirements to those of commercial requirements, the limited

airmanship skills necessary to operate this small UAS, and the lack of additional safety benefits for

the proposed UAS operations here resulting from commercial pilot experience, the PIC under this

exemption should only be required to hold, at most, a sport pilot certificate. Such a condition would

be consistent with the certificate requirements imposed on the PIC in the Aeryon Labs Exemption

and the PrecisionHawk Exemption.

For these reasons, and consistent with recent summary grant exemptions, the Noble

Foundation requests that the FAA grant an exemption to permit the Noble Foundation to use as PIC

of its proposed UAS operations pilots who hold at least a sport pilot certificate and either an FAA

third-class airman medical certificate or a state driver’s license, so long as they satisfy the conditions

and limitations proposed in this Petition, including the PIC qualification and training requirements.

FAR § 91.7(a) – Civil aircraft airworthiness.

The regulation states in relevant part:

(a) No person may operate a civil aircraft unless it is in an airworthy

condition. . . .

The Noble Foundation requests an exemption from this provision to the extent necessary.

The Hawkeye Mk-III UAS will not require an airworthiness certificate under FAR Part 21, Subpart H,

and thus relief is requested from this regulation. See Exemption No. 11110 (December 10, 2014;

Docket FAA-2014-0367) (“Trimble Exemption”), at 16. An exemption is warranted because the

Noble Foundation understands that, notwithstanding the lack of an airworthiness certificate, the FAA
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will consider its “compliance with [the Noble Foundation’s Manuals] to be sufficient means for

determining an airworthy condition” and that the Noble Foundation must still determine the UA’s

airworthiness prior to each flight based on compliance with such Manuals. Trimble Exemption, at

16.3

FAR § 91.119(c) – Minimum safe altitudes: General.

The regulation states:

Except when necessary for takeoff or landing, no person may operate

an aircraft below the following altitudes:

(a) Anywhere. An altitude allowing, if a power unit fails, an emergency

landing without undue hazard to persons or property on the surface.

(b) Over congested areas. Over any congested area of a city, town,

or settlement, or over any open air assembly of persons, an altitude

of 1,000 feet above the highest obstacle within a horizontal radius of

2,000 feet of the aircraft.

(c) Over other than congested areas. An altitude of 500 feet above

the surface, except over open water or sparsely populated areas. In

those cases, the aircraft may not be operated closer than 500 feet to

any person, vessel, vehicle, or structure.

(d) Helicopters, powered parachutes, and weight-shift-control aircraft.

If the operation is conducted without hazard to persons or property on

the surface—

(1) A helicopter may be operated at less than the minimums

prescribed in paragraph (b) or (c) of this section, provided

each person operating the helicopter complies with any

routes or altitudes specifically prescribed for helicopters by

the FAA; and

(2) A powered parachute or weight-shift-control aircraft may

be operated at less than the minimums prescribed in

paragraph (c) of this section.

The Noble Foundation requests an exemption from this regulation to the extent necessary to

permit the Noble Foundation to conduct its UAS operations at altitudes lower than those permitted

3 The Noble Foundation requests exemption from FAR § 91.7(a) based on the relief granted in the

Trimble Exemption, at 16, 21. However, the Noble Foundation notes that the FAA determined that no

such exemption was needed in Exemption No. 11062 (September 25, 2014; Docket FAA-2014-0352)

(“Astraeus Exemption”) at 19, 22.
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by FAR § 91.119, since such altitudes are one of the key benefits of using small UAS for these

flights. Even at these low altitudes, the Noble Foundation’s UAS operations will be conducted at a

level of safety at least equal to that which would be achieved if larger manned aircraft were to be

used at the altitudes required by FAR § 91.119.

With respect to paragraph (a), the Noble Foundation intends to comply with this requirement

to the same extent as would a manned aircraft, meaning that the UA must operate at an altitude

such that the loss of a single power unit aboard the UA or used by the UAS would still permit an

emergency landing “without undue hazard to persons or property on the surface.” The Noble

Foundation agrees with the FAA’s reasoning on this issue in the Astraeus Exemption, at 20, and

therefore does not believe that relief is required from paragraph (a).

With respect to paragraph (b), the Noble Foundation plans to operate these small UAS over

private or controlled-access properties (with owner/controller permission) in areas that are not

congested or densely populated. Accordingly, the Noble Foundation does not believe that an

exemption is necessary from this paragraph (b) covering “congested areas.”

With respect to paragraph (c), the Noble Foundation requests an exemption to allow UAS

operations down to the surface, both in sparsely populated areas and in “other than congested”

areas. The Noble Foundation’s UAS operations require lower-level flying, but have a number of selfimposed restrictions to ensure at least an equivalent level of safety. For example,

 All operations will be conducted over private or controlled access property.

 Permission from the property owner/controller will be obtained prior to the beginning

of each UA flight.

 The UA will operate at least 500 feet from all non-participating persons, vessels,

vehicles, and structures unless:

o Barriers or structures are present that sufficiently protect non-participating

persons from the UA and/or debris in the event of an accident. The Noble

Foundation will ensure that non-participating persons remain under such

protection; and if a situation arises where non-participating persons leave

such protection and are within 500 feet of the UA, flight operations will cease

immediately in a manner ensuring the safety of the non-participating persons;

and/or
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o The UA is operated near vessels, vehicles or structures where the property

owner/controller has granted permission, and the PIC has made a safety

assessment of the risk of operating closer to those objects and determined

that it does not present an undue hazard.

Even with a grant of this exemption, the UAS operations will be at least as safe as operations

by manned aircraft that comply with this paragraph. Flying a manned aircraft, given its weight, size,

speed, and fuel load, would pose a significant risk relative to the use of a small UA, with a much

smaller size and lighter weight, operating at much slower speeds, with batteries rather than a

significant fuel load, at all times within the VLOS of the PIC on the ground who has a wide view.

Accordingly, as the FAA determined in the Trimble Exemption, at 17-18, relief is warranted here

provided that the Noble Foundation adheres to its Manuals and the additional conditions and

limitations outlined above and in the exemption. For these reasons, the Noble Foundation requests

relief from the entirety of paragraph (c), as was recently granted in the Aeryon Labs Exemption and

the PrecisionHawk Exemption.

The Noble Foundation does not request relief from paragraph (d), because it applies only to

helicopters (and allows operation at lower altitudes only if on a prescribed helicopter route) and

powered parachute-type aerial vehicles.

FAR § 91.121 – Altimeter settings.

The regulation states, in relevant part:

(a) Each person operating an aircraft shall maintain the cruising

altitude or flight level of that aircraft, as the case may be, by reference

to an altimeter that is set, when operating—

(1) Below 18,000 feet MSL, to—

(i) The current reported altimeter setting of a station along

the route and within 100 nautical miles of the aircraft;

(ii) If there is no station within the area prescribed in

paragraph (a)(1)(i) of this section, the current reported

altimeter setting of an appropriate available station; or

(iii) In the case of an aircraft not equipped with a radio,

the elevation of the departure airport or an appropriate

altimeter setting available before departure; or
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(2) At or above 18,000 feet MSL, to 29.92′′ Hg.

(b) * * * *.

It is not clear to the Noble Foundation that an exemption from this section is required,

because, although the regulation expressly applies only to aircraft maintaining a “cruising altitude”

and dictates the altimeter setting that must be used while at that cruising altitude, cruising altitudes

for VFR flights do not begin – according to FAR § 91.159 – until “more than 3,000 feet above the

surface.”4 Nonetheless, the Noble Foundation requests an exemption from FAR § 91.121 to the

extent necessary to permit the Noble Foundation to conduct the small UAS operations described in

this Petition. See, e.g., Aeryon Labs Exemption, at 12; PrecisionHawk Exemption, at 2; Astraeus

Exemption, at 21-22.

The Noble Foundation recognizes the critical importance of ensuring that any UAS operated

by the Noble Foundation maintains altitude to an accurate reference such that other aircraft and the

FAA may rely on the Noble Foundation’s UAS to be operating as proposed. The PIC will check the

UA altitude reading prior to each takeoff, and will effectively zero the UA’s altitude at the point of

takeoff, to ensure that measurements of the UA’s altitude are as accurate as possible relative to the

local elevation. To the extent that this methodology does not satisfy FAR § 91.121 or any other

regulation, the Noble Foundation requests an exemption to permit UAS operations using this

methodology.

FAR § 91.151 – Fuel requirements for flight in VFR conditions.

The regulation states:

(a) No person may begin a flight in an airplane under VFR conditions

unless (considering wind and forecast weather conditions) there is

enough fuel to fly to the first point of intended landing and, assuming

normal cruising speed—

(1) During the day, to fly after that for at least 30 minutes; or

(2) At night, to fly after that for at least 45 minutes.

4 FAR § 91.159; see also Aeronautical Information Manual, at Chpt. 3, Sec. 1, Tbl. 3-1-1, para. 3-1-

2. (July 24, 2014).
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(b) No person may begin a flight in a rotorcraft under VFR conditions

unless (considering wind and forecast weather conditions) there is

enough fuel to fly to the first point of intended landing and, assuming

normal cruising speed, to fly after that for at least 20 minutes.

The Noble Foundation requests an exemption from FAR § 91.151 to permit the Noble

Foundation to plan its UAS operations as described above. The proposed small UAS operations in

this Petition will (i) involve operations in which one or more UAS is transported by means other than

its own power to the operational location, and (ii) begin and end at the operational site, with the

takeoff, entire flight, and landing all taking place within the immediate proximity of each other while

remaining at all times within the VLOS of the PIC.

The goal of FAR § 91.151 is to ensure that pilots plan for an extra 20 or 30 minutes of fuel at

their first intended point of landing in order to account for unexpected possible delays en route and

at the first planned destination. Many of these delays that plague manned aircraft are simply not an

issue with the proposed small UAS operations over private or controlled access property, because

there is virtually no “en route” portion of the flight, and any problems at the point of landing are

extremely unlikely to cause delays, since a UA can always land just a few feet away if the intended

point of landing becomes unusable.

Given the relatively short operating time for the Hawkeye Mk-III UAS, requiring a full 30

minutes of reserve “fuel” (battery power) could take up much, if not all, of the time available for

Hawkeye Mk-III UAS operations. The Noble Foundation believes that using a smaller reserve for

UAS flight planning purposes will be at least as safe as using the reserves required by FAR § 91.151

for manned aircraft. To that end, and consistent with Aeryon Labs Exemption Limitation No. 20 and

PrecisionHawk Exemption Limitation No. 20, the PIC under the requested exemption will be

prohibited from beginning a UAS flight unless (considering wind and forecast weather conditions)

there is enough power available power for the UA to conduct the intended operation and to operate

after that for at least five minutes or, if greater, with the reserve power recommended by the UA

manufacturer. See Proposed Limitation 3.2.7. Such a battery reserve is more than sufficient,

particularly in light of the FAA’s acceptance of a 5-minute reserve in the Aeryon Labs Exemption and
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the PrecisionHawk Exemption. The Noble Foundation believes that these limitations will further

ensure that the proposed reserve planning and operational requirements that the Noble Foundation

is requesting to use under this exemption will provide at least an equivalent level of safety.

For these reasons, the Noble Foundation requests an exemption from FAR § 91.151 to

permit it to plan and conduct UAS operations subject to the reserve power limitation explained

above.

FAR § 91.405(a) – Maintenance required.

The regulation states, in relevant part:

Each owner or operator of an aircraft—

(a) Shall have that 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

prescribed in part 43 of this chapter;

(b) ****.

The Noble Foundation requests an exemption from FAR § 91.405(a) to permit the Noble

Foundation to conduct the UAS operations proposed in this Petition without having to perform the

inspections and discrepancy repairs required by FAR § 91.405(a). In the Astraeus Exemption and

the Trimble Exemption, the FAA determined that the proposed UAS operations required exemption

from FAR § 91.405(a), and that the achievement of an adequate level of safety required certain

conditions and limitations. The Noble Foundation has proposed in Section 3 of this Petition several

conditions and limitations related to maintenance and inspections which it believes provide a level of

safety at least equivalent to that provided by FAR § 91.405(a). For this reason, and consistent with

the exemptions granted from this section in the Aeryon Labs Exemption and the PrecisionHawk

Exemption, the Noble Foundation requests an exemption from FAR § 91.405(a) to permit the Noble

Foundation to conduct UAS operations as proposed in this Petition, subject to the conditions and

limitations proposed above, without having to perform the inspections and discrepancy repairs

required by FAR § 91.405(a).
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The Noble Foundation does not believe that an exemption from the remaining paragraphs of

FAR § 91.405 is required, since the Noble Foundation will make appropriate logbook entries in

aircraft maintenance records in accordance with paragraph (b), appropriately mark any inoperative

instrument or item of equipment for which maintenance has been properly deferred in compliance

with paragraph (c), and appropriately placard listed discrepancies that include inoperative

instruments or equipment in compliance with paragraph (d).

FAR § 91.407(a)(1) – Operation after maintenance, preventive maintenance, rebuilding

or alteration.

The regulation states:

(a) No person may operate any aircraft that has undergone

maintenance, preventive maintenance, rebuilding, or alteration

unless—

(1) It has been approved for return to service by a person

authorized under §43.7 of this chapter; and

(2) The maintenance record entry required by §43.9 or §43.11, as

applicable, of this chapter has been made.

. . . .

The Noble Foundation requests an exemption from FAR § 91.407(a)(1) to permit the Noble

Foundation to conduct UAS operations as proposed in this Petition without having to have the UAS

approved for return to service by a person authorized under FAR § 43.7. In the Astraeus Exemption,

the FAA determined that the proposed UAS operations required exemption from FAR § 91.407(a)(1),

subject to certain conditions and limitations. The Noble Foundation has proposed in this Petition

maintenance-related conditions and limitations which it believes provide a level of safety at least

equivalent to that provided by FAR § 91.407(a)(1). For this reason, and consistent with the

exemptions granted from this section in the Aeryon Labs Exemption and the PrecisionHawk

Exemption, the Noble Foundation requests an exemption from FAR § 91.407(a)(1) to permit the

Noble Foundation to conduct UAS operations as proposed in this Petition, subject to the proposed
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conditions and limitations, without having to have the UAS approved for return to service by a person

authorized under FAR § 43.7.

The Noble Foundation does not believe that an exemption from the remaining paragraphs of

FAR § 91.407 is required, since the Noble Foundation will require that maintenance record entries

are made as required, in compliance with paragraph (a)(2), and since no persons will be carried

following maintenance performed on the UAS, making paragraphs (b) and (c) moot.

FAR § 91.409(a)(1) and (2) – Inspections.

The regulation states, in relevant part:

(a) Except as provided in paragraph (c) of this section, no person

may operate an aircraft unless, within the preceding 12 calendar

months, it has had—

(1) An annual inspection in accordance with part 43 of this chapter

and has been approved for return to service by a person authorized

by §43.7 of this chapter; or

(2) An inspection for the issuance of an airworthiness certificate in

accordance with part 21 of this chapter.

No inspection performed under paragraph (b) of this section may be

substituted for any inspection required by this paragraph unless it is

performed by a person authorized to perform annual inspections and

is entered as an “annual” inspection in the required maintenance

records.

(b)  .

The Noble Foundation requests an exemption from FAR § 91.409(a)(1) and (2) to permit the

Noble Foundation to conduct UAS operations as proposed in this Petition without having to obtain

the annual inspection and airworthiness certificate inspection required by FAR § 91.409(a)(1) and

(2). In the Astraeus Exemption, the FAA determined that the proposed UAS operations required

exemption from FAR § 91.409(a)(1) and (2), and that achieving an adequate level of safety required

certain conditions and limitations. The Noble Foundation has proposed in this Petition maintenance

and inspection-related conditions and limitations which it believes provide a level of safety at least

equivalent to that provided by FAR § 91.409(a)(1) and (2). For this reason, and consistent with the

exemptions granted from this section in the Aeryon Labs Exemption and the PrecisionHawk
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Exemption, the Noble Foundation requests an exemption from FAR § 91.409(a)(1) and (2) to permit

the Noble Foundation to conduct UAS operations as proposed in this Petition, subject to the

proposed conditions and limitations, without having to obtain the annual inspection and airworthiness

certificate inspection required by FAR § 91.409(a)(1) and (2).

FAR § 91.417(a) and (b) – Maintenance records.

The regulation states, in relevant part:

(a) Except for work performed in accordance with §§91.411 and

91.413, each registered owner or operator shall keep the following

records for the periods specified in paragraph (b) of this section:

(1) Records of the maintenance, preventive maintenance, and

alteration and records of the 100-hour, annual, progressive,

and other required or approved inspections, as appropriate,

for each aircraft (including the airframe) and each engine,

propeller, rotor, and appliance of an aircraft. The records

must include—

(i) A description (or reference to data acceptable to the

Administrator) of the work performed; and

(ii) The date of completion of the work performed; and

(iii) The signature, and certificate number of the person

approving the aircraft for return to service.

(2) Records containing the following information:

(i) The total time in service of the airframe, each engine,

each propeller, and each rotor.

(ii) The current status of life-limited parts of each airframe,

engine, propeller, rotor, and appliance.

(iii) The time since last overhaul of all items installed on

the aircraft which are required to be overhauled on a

specified time basis.

(iv) The current inspection status of the aircraft, including

the time since the last inspection required by the

inspection program under which the aircraft and its

appliances are maintained.

(v) The current status of applicable airworthiness

directives (AD) and safety directives including, for each,

the method of compliance, the AD or safety directive

number and revision date. If the AD or safety directive
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involves recurring action, the time and date when the next

action is required.

(vi) Copies of the forms prescribed by §43.9(d) of this

chapter for each major alteration to the airframe and

currently installed engines, rotors, propellers, and

appliances.

(b) The owner or operator shall retain the following records for the

periods prescribed:

(1) The records specified in paragraph (a)(1) of this section

shall be retained until the work is repeated or superseded by

other work or for 1 year after the work is performed.

(2) The records specified in paragraph (a)(2) of this section

shall be retained and transferred with the aircraft at the time

the aircraft is sold.

(3) A list of defects furnished to a registered owner or

operator under §43.11 of this chapter shall be retained until

the defects are repaired and the aircraft is approved for return

to service.

(c) ** **.

The Noble Foundation requests an exemption from FAR § 91.417(a) and (b) to permit the

Noble Foundation to conduct UAS operations as proposed in this Petition without having to keep the

records described in FAR § 91.417(a) and (b). The FAA determined in the Astraeus Exemption that

the proposed UAS operations required exemption from FAR § 91.417(a) and (b), and that an

adequate level of safety required certain conditions and limitations. The Noble Foundation has

proposed in this Petition maintenance, inspection, and records-related conditions and limitations

which it believes provide a level of safety at least equivalent to that provided by FAR § 91.417(a) and

(b). For this reason, and consistent with the exemptions granted from this section in the Aeryon

Labs Exemption and the PrecisionHawk Exemption, the Noble Foundation requests an exemption

from FAR § 91.417(a) and (b) to permit the Noble Foundation to conduct UAS operations as

proposed in this Petition, subject to the proposed conditions and limitations, without having to keep

the records described in FAR § 91.417(a) and (b).
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Additional FAR Provisions.

The Petition does not seek exemption from certain regulations based on the reasoning and

FAA precedent outlined below in the footnote.5 However, the Noble Foundation also requests that,

to the extent that the FAA concludes that an exemption from one or more other provisions of the

FAR would be required to permit the UAS operations described in this Petition, the FAA grant an

exemption from those FAR provisions as necessary to permit the UAS operations described in this

Petition.6

5.4 Reasons why granting the request would be in the public interest:

A grant of the requested exemption to allow small UAS to operate for aerial data collection

for the purpose of aerial imaging, remote sensing and aerial surveying in support of Noble

Foundation research operations would be in the public interest for several reasons.

5 This Petition does not seek exemption from:

> FAR Part 21 or 36, based on the reasoning in the Astraeus Exemption, at 14.

> FAR § 91.7(b), based on the reasoning in the Trimble Exemption, at 17.

> FAR §§ 91.9(b)(2) and 91.203(a) and (b), based on the reasoning in the FAA’s August 8, 2014

Memorandum titled “Interpretation regarding whether certain required documents may be kept at an

unmanned aircraft’s control station” (“FAA’s August 8, 2014 Memorandum”), the Astraeus Exemption, at

19-20, 22, and the Trimble Exemption, at 17, 20.

> FAR §§ 45.23(b) and 91.9(c), based on the reasoning in the Astraeus Exemption, at 14, and the

Trimble Exemption, at 14, related to FAR § 45.23(b), and assuming that the markings on the UA used to

comply with FAR Part 45, Subpart C requirements are as large as practicable.

> FAR §§ 47.3(b)(2) and 47.31(c), based on the reasoning in the FAA’s August 8, 2014 Memorandum,

and assuming that all UA are registered in accordance with FAR Part 47.

> FAR § 91.103(b)(2), based on the FAA’s reasoning in the Astraeus Exemption, at 20, which concluded

that an exemption from the preflight action requirements is not necessary when the grant of an exemption

for UAS operations includes conditions that satisfy preflight action requirements. The Noble Foundation

proposes such conditions in this Petition.

> FAR § 91.109, based on the FAA’s reasoning in the Astraeus Exemption, at 20, which concluded that

an exemption from the requirement for dual flight controls for flight or simulator training or for flight testing

is not necessary when there is no indication that dual flight controls will be used during any flight or

simulator training or flight testing.

6

The Noble Foundation would be happy to provide follow-on documentation providing the rationale

underlying any such additional exemptions.
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First, the ability to use a small UAS as described herein, subject to the conditions and

limitations proposed in this Petition, would enable the Noble Foundation to test and conduct these

UAS aerial data collection operations, thereby directly supporting the development, use, and safety

of small UAS for precision agriculture and aerial surveying use cases.

Second, the Hawkeye Mk-III UAS operations proposed in this Petition would enable the

Noble Foundation to enhance research efforts on how UAS may benefit agricultural productivity.

This research will positively impact agriculture in local communities, as well as across the United

States and around the world. The Noble Foundation’s research benefits consumers and the public

by exploring and improving production agriculture techniques, advancing science, and making the

Foundation’s findings publicly available.

Third, the use of small UAS will enable the Noble Foundation to enhance agricultural

production. In particular, UAS will allow the Noble Foundation to assist regional agricultural

producers in achieving their goals. The consistent ability of a UAS to repeatedly, safely, and cost

effectively acquire very high resolution, remotely-sensed research data at low altitudes holds the

potential to change agriculture and production capabilities for all kinds of operations.

In sum, the ability to operate the Hawkeye Mk-III UAS will benefit the Noble Foundation's

research and education programs tremendously, as well as the Noble Foundation’s ability to

enhance agricultural production. The surveying and research operations proposed in this Petition

would be far less risky, and more efficient, than if conducted with larger, faster, heavier, combustible

fuel-powered manned aircraft.

5.5 Reasons why granting the exemption would not adversely affect safety, or

how the exemption would provide a level of safety at least equal to that

provided by the rule from which exemption is sought:

Throughout this Petition, the Noble Foundation has discussed many reasons why granting

an exemption from each section of the FAR from which relief is sought would result in UAS

operations that provide a level of safety equal to, or greater than, that provided by the rule from

which exemption is sought. Moreover, the many conditions and limitations proposed in this Petition,
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coupled with the operational protocols for this small UAS, also would ensure at least an equivalent

level of safety, as the FAA concluded in the Aeryon Labs Exemption, the PrecisionHawk Exemption,

the Astraeus Exemption, and the Trimble Exemption, among others.

In general, the risks of any small UAS operation proposed in this Petition interfering with a

manned aircraft would be minimized by numerous factors, including but not limited to:

 the low altitude at which the UAS would operate;

 the locations at which the UAS would operate (e.g., remote areas; private or controlled

access property; away from airports);

 the small size, light weight, and relatively slow speed of the Hawkeye Mk-III UAS;

 the restriction on UAS operations to VMC and daytime conditions; and

 the requirement for the UA to be operated within the VLOS of the PIC and VO at all

times.

Importantly, the Hawkeye Mk-III UAS has several other safety-related protocols including continuous

in-flight diagnostics and monitoring, in-the-air flight path calculations, auto-pilot detection of lost GPS

or insufficient satellites, loiter and return home capabilities, autonomous emergency recovery ability,

emergency flight termination system, and manual override capabilities.

The risks to persons or property on the ground would be substantially mitigated – if not

eliminated – by these same factors, as well as the 500-foot set-off from non-participating persons,

vehicles, and structures absent additional safeguards. Per the conditions and limitations proposed

in this Petition, (i) the PIC will suspend/abort the UAS operation and UA flight in the event of

unpredicted obstacles or emergencies in accordance with the Manuals; and (ii) the Noble

Foundation will coordinate extensively, as warranted, with the FAA, with local airports, and with

property owners to ensure that all UAS operations under the exemption are at least as safe as would

be manned aircraft operations used for similar purposes.

The conditions and limitations proposed in this Petition (which have been acceptable for

other summary grant exemptions) and the operational safety features of the Hawkeye Mk-III UAS

provide substantial protection against interference with manned aircraft operations or with the safety

of persons or property on the ground. For these reasons, granting an exemption from each section
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of the FAR from which relief is sought would not adversely affect safety, and would provide a level of

safety at least equal to, or greater than, that provided by the rule from which exemption is sought.

5.6 Summary that can be published in Federal Register, including the rule from

which exemption is sought, and a brief description of the nature of the

exemption sought:

The Noble Foundation proposes that the FAA use the following as the summary:

Docket No.: FAA-2015-______

Petitioner: The Samuel Roberts Noble Foundation

Sections of 14 CFR: 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a) and (b),

61.315(a), (c)(2), and (c)(3), 91.7(a), 91.119(c), 91.121, 91.151, 91.405(a),

91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b).

Description of Relief Sought: Petitioner seeks an exemption to conduct small UAS

operations for aerial data collection for the purpose of aerial imaging, remote

sensing, and aerial surveying in support of the Noble Foundation’s research

operations.

5.7 Additional information that supports request:

The Noble Foundation is prepared to provide additional information that the FAA might find

helpful, or to answer questions in response to any FAA requests.

5.8 Request to exercise the privileges of the exemption outside the U.S.:

The Noble Foundation does not request to exercise the privileges of this exemption outside

the United States.

5.9 Attachments:

There are no attachments accompanying this Petition.