### Petition by Transportation Technology Center, Inc. for an Exemption Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012

Transportation Technology Center, Inc. A subsidiary of the Association of American Railroads Pueblo, Colorado USA July 7, 2015Table of Contents

1.0 Introducti on ................................................................................................ 1

2.0 Background info rmation ........................................................................... 1

3.0 Unmanned aircraft systems ...................................................................... 4

4.0 Name and address of Petiti oner ............................................................... 5

5.0 Specific sections of 14 CF R from which an exemption is requested .... 6

6.0 The extent of relief TTCI seeks and the reason TTCI seeks the relief ... 7

6.1 45.29 Size of marks ................................................................................... 7

6.2 61.23(a) Medical certificates: Requirement a nd duration ....................... 7

6.3 61.101 (a) and (e), 61.113(a) and (b) and 61.315 (a) and (c) (2): Pilot privileges and lim itations ................................................................................... 7

6.4 91.7(a) Civil aircra ft airwor thiness ............................................................ 8

6.5 91.119(c) Minimum safe altitudes: General .............................................. 8

6.6 91.121 Altimeter settings ........................................................................... 8

6.7 91.151(a)(1) Fuel requirements for flight in VFR conditions .................. 9

6.8 91.405(a), Maintenance required; 91.407(a)(1), Operation after maintenance, 91.409(a)(1) and (2), Inspections; and 91.417 (a) & (b), Maintenance records .......................................................................................... 9

7.0 Granting an exemption is in the public in terest .................................... 10

8.0 Granting an exemption will not adversely affect safety ....................... 11

9.0 Proposed operating conditions .............................................................. 12

10.0 Summary for Federal Re gister publi cation ............................................ 18Glossary of Abbreviations

AGL

......................................................... Above Ground Level
CBR ........................................................ Crude by Rail
C.F.R. .................................................... Code of Federal Regulations
COA ....................................................... Certificate of Authorization
FAA ........................................................ Federal Aviation Administration GCS ....................................................... Ground Control Station
GPS ....................................................... Global Positioning System
PIC ......................................................... Pilot in Command
SERTC .................................................... Security and Emergency Response Training Center
SRI .......................................................... Strategic Research Initiatives
SVFR ...................................................... Special Visual Flight Rules
TTC ......................................................... Transportation Technology Center
TTCI ........................................................ Transportation Technology Center, Inc.
UA .......................................................... Unmanned Aircraft UAS Unmanned Aircra ft System ............ Unmanned Aircraft System
VFR

........................................................ Visual Flight Rules VLOS ..................................................... Visual Line of Site
VMC ....................................................... Visual Meteorological Conditions
VO

.......................................................... Visual Observer
VTOL ..................................................... Vertical Takeoff and Landing

### 1.0 Introduction
Pursuant to Section 333 of the FAA M odernization and Reform Act of 2012, Transportation Technology Center, Inc. (TTC I), hereby applies for an exemption from the Federal Aviation Regulations (FARs) identified below, to allow commercial operations of small unmanned aircraft sy stems (UAS) for aerial data collection.
This exemption would permit TTCI to operate UASs for the commercial purposes of:

 Researching, developing and demons trating UAS inspection techniques for railway track and structures.

 Researching, developing and demons trating techniques for assessment of incidents under simulated derailments, including fires and potential hazardous material releases. This will include usi ng a UAS to deploy a sensor array to the incident site which will send enviro nmental data via wireless technology.

 Training of inspectors on particular inspection requirements and hazards associated with operating UAS on railroad infrastructure.

 Training of first responders for integrat ing UAS operations into the procedures currently available for assessment of rail road incidents. These first responders may include railroad employees or local firefighters locate d along various rail lines.

 Inspection of railway track and structures

 Initial assessment of derailments and othe r incidents such as fires and potential hazardous material releases. This will include using the UAS to deploy a sensor array package to the incident site which wi ll send environmental data via wireless technology. 

### 2.0 Background information TTCI is a wholly owned subsidiary of the Association of American Railroads (AAR), which represents the North American Class I freight railroads and Amtrak. It manages a program of Strategic Research Initiatives (SRI) for the AAR and provides technological services to railway industri es around the world. TTCI is headquartered at, and is the operator of, the Federal Railroad Administ ration’s (FRA) Transportation Technology Center (TTC) in Pueblo, Colorado, the hub of the world's leading railroad technology research and development program. Figure 1 shows TTC’s core area and a few of its tracks.TTCI operates the TTC facility under the au spices of a Care, Custody and Control contract with the FRA. TTC, established by the US Department of Transportation in 1971, is a world-class facility that offers a wi de range of unique capabilities for research, development, testing, consulting, and training for railway-related technologies. TTC is an isolated and secure 52-square-mile facility with a vast array of specialized testing laboratories and tracks. All t ypes of freight and passenger ro lling stock, vehicle and track components, and safety devices can be tested at TTC. There are over 48 miles of test tracks that are used for track structure a nd vehicle performance testing, life-cycle prediction and component reliab ility, lading damage preventi on tests, and freight ride quality and passenger comfort. . Figure 1 show s TTC’s core area and a few of its tracks.

Figure 1: Core Area at Transportation Technology Center
TTCI serves AAR member railroads through operation and management of the AAR's SRI program, which is focused on enhancing ra ilroad safety, reliab ility, and efficiency. TTCI also plays a major role in the devel opment and application of new technology for the FRA, railways, suppliers, governments, a nd others involved in rail transportation, and by implementing and solving technical proble ms with full-scale testing and modeling services.TTC additionally houses the Security and Emergency Response Training Center (SERTC), a graduate level emergency response training school and campus with professional instructors and real-life props for educating and provi ding hands-on training for transportation incidents involving hazardous materials. SERTC is provides extensive training to private and gove rnment funded students.
SERTC has recently added a course to provide first responders with the basic knowledge, skills, and abilities to respond to incident s involving Crude by Rail (CBR). The program is delivered over 3 days (24 hours) with over 60% field exercise. The program covers: the history of crude oil, chemical and physical properties of the different crude oil transported, basic site and damage assessment, tank car design and construction. Additional subjects include: t actical product control methods including the application of firefighting foam agents, wa ter and spill control procedures, planning for crude oil incidents, and the environmental im pacts. The practical evolutions will include a demonstration of Crude Oil fires, boil overs, and foam applications as applied to Crude Oil incidents by rail and advanced firefigh ting techniques. The practical evolutions culminate in a full-scale derailment exercise.

Figure 2: SERTCTTCI’s first purpose is to enhance railroad sa fety. TTCI has been at the forefront of development of positive train control technology, mobile laser-based measuring devices, trackside detectors, and the like. TTCI is constantly exploring additional ways in which it can improve safety for it’s the railro ads, their customers, and the public.
As part of its mission to advance railway safety and technology, TTCI recognizes that small Unmanned Aircraft Systems are a rapidly advancing technology with many potential applications for the railroad indus try. TTC would provide a secure location for much of the planned UAS operation, well aw ay from any population centers, with access controlled via a commercial security service.

The central location of TTC is 13.4 miles fr om the nearest airport (Pueblo Memorial Airport). The southern border of TTC is 9.5 miles from the Pueblo Airport. 

### 3.0 Unmanned aircraft systems TTCI seeks an exemption to operate three UAS, the DJI Inspire 1, the DJI Phantom 3, and the Stark Hx8 Coaxial Octocopter for compensation or hire within the National Airspace System.
The DJI Inspire 1, Phantom 3, and Stark Hx8 Co axial Octocopter are vertical takeoff and landing (VTOL) UASs. The DJI Inspire 1 and Phantom 3 are equipped with four main rotors which are driven by lithium polymer battery powered electric motors. These UASs use a Ground Control Station (GCS), displaye d on an electronic tablet or smartphone.
The Stark Hx8 Coaxial Octocopter is equippe d with eight rotors which are driven by lithium polymer battery powered electric moto rs. It uses a Futaba®14SG series 2.4 GHz digital proportional GCS.
The Phantom 3 is available in 2 configurations, Advanced and Professional which differ only in camera video download rates and batt ery charger rate capaci ty. TTCI requests that this exemption appl y to both configurations.
The DJI Inspire 1 has a maximum gross we ight of 6 pounds 7.5 ounces, a length of 17.2 inches, width of 17.8 inches, height of 11.9 inches, and a maximum speed of approximately 42 knots.
The DJI Phantom 3 has a maximum gross wei ght of approximately 2 pounds 13 ounces, a diagonal dimension including propellers of approximately 23 inches and a maximum speed of approximately 31 knots.
The Stark Hx8 Coaxial Octocopter has a ma ximum gross weight of 29 pounds. It has a maximum speed of 50 knots. The UAV has a total payload capability of 24 pounds with an integrated release system for deployment of payload instrumenta tion. It has a flight time capability, fully laden, of 20 - 24 minutes maximum based on this configuration.Full specifications are provided in the user manuals which are included as attachments:

 DJI Inspire 1 User Manual Version 1.2

 Inspire 1 Maintenance Manual V1.0

 DJI Phantom 3 Advanced User Manual Version 1.0

 DJI Phantom 3 Professional User Manual Version 1.0

 Stark Hx8 Coaxial Octocopter User’s Manual
Details of radio frequencies used for cont rol of each proposed UAS and details on FCC compliance are included in the user’s manuals.



### 4.0 Name and address of Petitioner

The name and address of the Petitioner is: Transportation Technology Center, Inc.

55500 D.O.T. Road

Pueblo Colorado 81001 The point of contact for this Petition is:
Richard Joy (Principal Investigator II) Transportation Technology Center, Inc.

55500 D.O.T. Road

Pueblo Colorado 81001 (719) 584 - 0524 richard_joy@aar.com

### 5.0 Specific sections of 14 CFR from which an exemption is requested Based on previous decisions by the Federal Aviation Administration (FAA) in Exemption No. 11206 (BNSF Railway Company) and Ex emption No. 11461 (High Adventure Air, Inc.), the DJI Inspire 1 and the DJI Phantom3 meet the size and we ight requirements of Section 333 of the FAA Modernization and Re form Act of 2012. Th erefore, relief from 14 CFR part 21, and any associated noise cert ification and testing requirements of part 36, is not necessary.
TTCI requests an exemption from the CFR Sections listed in the table below:

14 CFR Part Summary of Regulation Part 45, Subpart C - Nationality and Registration Marks 45.29 Size of marks Part 61: Pilots, Flight Inst ructors and Ground Instructors 61.23(a) Medical certificat es: Requirement and duration 61.101 (a) and (e) Recreational pilot privileges and limitations 61.113(a) and (b) Private pilot privileges and limitations: Pilot in command 61.315 a and (c)(2) What are the privileges an d limits of my sport pilot certificate? Part 91General Operating and Flight Rules 91.7(a) Civil aircraft airworthiness 91.119(c) Minimum safe altitudes: General 91.121 Altimeter Settings 91.151(a)(1) and (b) Fuel requirements for flight in VFR conditions 91.405(a) Maintenance required 91.407(a)(1) Operation after maintenance 91.409(a)(1) and (2) Inspections 91.417 (a) and (b) Maintenance records

### 6.0 The extent of relief TTCI seeks and the reason TTCI seeks the relief
6.1 45.29 Size of marks Section 45.29 describes the size of registration ma rks required on US regi stered aircraft.
TTCI proposes that, based on requirements approved by the FAA in Exemption No. 11461 (High Adventure Air, Inc.), that registration marks be required to be only as large as is practicable.
6.2 61.23(a) Medical certificat es: Requirement and duration Section 61.23(a) describes for requireme nts for pilot medical certificates.
TTCI proposes that, based on requirements a pproved by the Administrator in Exemption No. 11461 (High Adventure Air, Inc.), a valid U. S. driver’s license issued by a state, the District of Columbia, Puerto Rico, a territo ry, a possession, or the Federal government be accepted in lieu of an FAA ai rman medical certificate.
6.3 61.101 (a) and (e), 61.113(a) and (b ) and 61.315 (a) a nd (c) (2): Pilot privileges and limitations Sections 61.101 (a) and (e), 61.113(a) and (b ) and 61.315 (a) and (c) (2) prohibit holders of private pilot, recreational pilot or sport pi lot certificates from operating for hire or for commercial purposes.
TTCI proposes that, based on requirements a pproved by the Administrator in Exemption 11461 (High Adventure Air, Inc.), that holders of an airl ine transport, commercial, private, recreational, or sport pilot certificate be authorized to act as pilot in PIC for all UAS operations conducted by TTCI. 

### TTCI will not permit any PIC to operate unless the PIC demonstrates the ability to safely opera te the UAS in a manner consistent with how the UAS will be operated under this proposed exemption, including evasive and emergency maneuvers and maintaining appr opriate distances from persons, vessels, vehicles and structures.6.4 91.7(a) Civil aircraft airworthiness Section 91.7(a) states that no person may opera te a civil aircraft unless it is in an airworthy condition.
TTCI requests relief from this section becau se the UASs will not require airworthiness certificates per 14 CFR part 21, Subpart H, which would provide a definition of airworthiness.
TTCI requests that the FAA consider the pe titioner’s compliance with its operating documents (including applicable manufacturer ’s operating and maintenance manuals) to be a sufficient means for determining an ai rworthy condition, as previously granted in Exemption No. 11461 (High Adventure Air, Inc.) and Exemption No. 11206 (BNSF Railway Company). TTCI will ensure that its aircraft is in an airworthy condition based on compliance with the operating do cuments prior to every flight.
Additionally, in accordance with 14 CFR § 91.7( b), TTCI requests that the FAA allows the PIC of the UAS to be responsible for determining whether the aircraft is in a condition for safe flight.
6.5 91.119(c) Minimum saf e altitudes: General Section 91.119(c) states that, except when necessary for takeoff and landing, no person may operate and aircraft below 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 pers on, vessel, vehicle, or structure.
Since TTCI proposes to operate below 500 feet above ground level (AGL), TTCI requests relief as it has provided to BNSF under exemption No. 11206, provide TTCI meets the same operating conditions:
All flight operations must be conducted at least 500 feet from all nonparticipating persons, with the exceptions noted in the proposed operating conditions.
6.6 91.121 Altimeter settings Section 91.121 requires each person operating an aircraft below 18,000 feet MSL to maintain the cruising altitude or flight le vel of that aircraft, as the case may be, by reference to an altimeter that is se t with the current altimeter setting.
Considering the limited altitude of the pr oposed operations, relie f from 14 CFR 91.121 is sought to the extent necessary to comply w ith the applicable c onditions and limitations stated below. An equivalent level of safety will be maintained since the DJI Inspire 1 and Phantom 3 UAs are equipped with a barometric pressure sensor a nd global positioning system (GPS) equipment, which automatical ly ensures that a ground level pressure setting will be established prior to each flight, and provides th e PIC with altitude information of the unmanned aircraft ( UA) on the heads-up display of the GCS.6.7 91.151(a)(1) Fuel requirements for flight in VFR conditions Section 91.151 requires reserve fuel of 30 minutes for airplanes and 20 minutes for rotorcraft in daytime visual f light rules (VFR) conditions.
Since the maximum flight duration for the DJI Inspire 1, the DJ I Phantom 3, and the Stark Hx8 Octocopter UASs is on the order of 20 minutes, it would not be possible to comply with this requirement. TTCI request s that FAA grant TTCI relief, as it has in Exemption No. 11461 (High Adventure Air Inc.), provided that before beginning a flight (considering wind and forecast weather condi tions) there is enough available power for the UA to conduct the intended operation and to ope rate after that for at least five minutes or with the reserve power recommende d by the manufactur er if greater.
6.8 91.405(a), Maintenance required; 91.407(a)(1), Operation after maintenance, 91.409(a)(1) and (2), Inspections; and 91.417 (a) & (b), Maintenance records Sections 91.405(a); 91.407(a)(1); 91.409(a)(1) and (2); and 91.417(a) and (b) describe maintenance and inspections, persons authori zed to perform maintenance, and required maintenance records.
TTCI believes that an exemption from these f our maintenance requirements is appropriate because the FAA has not developed maintenanc e standards that would allow an operator to meet the part 91 maintenance requiremen ts. In particular, there are no individuals authorized by the FAA to approve a UAS fo r return to service under §91.407(a) or to conduct the initial airworthin ess and annual return to service inspections required by §91.409(a). TTCI will maintain the aircraft as recommended by the manufacturer, and will not operate the aircraft until it has reasonably determined that any needed repairs have been made. However, because of the technical impossibility of meeting the requirements of §§91.405(a), 407(a) and 409(a), TTCI request re lief from these sections as has been granted in Exemption No. 11206 (BNSF Ra ilway Company) and Exemption No. 11461(High Adventure Air Inc.).

TTCI will adhere to the followi ng regarding UAS maintenance:

 Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteri stics, e.g. replacement of a flight critical component, must undergo a functional test flight pr ior to conducting further operations under this exemption. Functional test flights may 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.

 TTCI will be responsible for maintaining a nd inspecting the UAS to ensure that it is in a condition for safe operation. Prior to each flight, the PIC must conduc t a pre-flight inspection and determine the UAS is in a condition for safe fli ght. The pre-flight inspection must account for all potential discre pancies, e.g. inoperabl e components, items, or equipment. If the inspection reveals a condition that aff ects the safe operation of the UAS, the aircraft is prohibited from operating until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight.

 TTCI will follow the UAS manufacturer’s maintenance, overhaul, replacement, inspection, and life limit requirements for th e aircraft and aircraft components.

 Each UAS operated under this exempti on must comply with all manufacturer safety bulletins. 

### 7.0 Granting an exemption is in the public interest TTCI’s main objective in seeking this exempti on is to assist and facilitate the North American railroads in their efforts to incorporate UAS technology into their safety
programs.
The safety and efficiency of railroad opera tions is heavily dependent upon constant analysis of trains, ri ght-of-way, rail track a nd other assets/facilities. There are a wide variety of factors that can a ffect track conditions and cause problems for trains. Even relatively small objects on the rails or minor track failures can lead to derailments or other incidents. Extreme weat her events can lead to track flooding or overheating (track can buckle or distort in high heat). Eart hquakes, landslides, and abandoned vehicles at grade crossings can block track. The potential for sabotage and terrori sm – or even just trespassing – are also among the many risks that modern railroads face. Vigilance is always the best defense against these hazards.
As a result, pursuant to FRA regulations a nd company policy, railro ad track and bridge maintenance employees routinely inspect the tracks and the underlying infrastructure, such as bridges, tunnels, support structures, and signals. At present, this work is done primarily by railroad personnel in motor vehicl es, on foot, in specialized rail equipment, or in rail-mounted hi-rail ve hicles. This is often a labor-intensive and sometimes arduous job. While the railroad does all it can to make these inspections as sa fe as possible, there is an irreducible element of risk involved whenever employees are required to go out on track and rail structures. Employees may n eed to climb over or onto track structures, which can be slippery, rough, and/or exposed to the elements. Some structures, such as bridges, are high above the ground. Trains moving through inspection zones can increase risk as well, especially in high-traffic areas. While the use of UASs for supplemental track, infrastructure and general asset evalua tion would not eliminate these risks entirely (as it is an additive safety measure), it would reduce the risks to railroad employees by allowing for remote aerial review.Additionally, the sheer am ount of railroad assets and the wi dely dispersed locations – in many instances far from sizeable population cente rs – means that visual inspection in all instances by company personnel can be ineffici ent. Aerial analysis by traditional fixed wing aircraft is impractical because the requi red altitudes for safe flight reduce track visibility below meaningful le vels – it is simply not possi ble to see all asset anomalies from such heights. By using UASs for suppl emental asset evaluatio n, railroads will be able to substantially upgrade its capacity to detect and address issu es with the right-ofway and other assets before they become a pr oblem for train operations. Thus, the use of UASs has the potential to improve efficienc y, resulting in faster and safer delivery of goods vital to the U.S. economy.
The ability to use a UAS to conduct Incide nt Assessment Flights, subject to the conditions and limitations proposed in this Pe tition, will enable railroads to have access to more complete data about incidents. This is because the scene of an incident often contains unknown or difficult- to-access terrain or structures, or unsaf e structures, such as bridges, that may have been degraded by the incident. The ability to use UAS to develop data about the scene of an incident will ensure that railr oads can gather the best possible information, which will enable th em to develop a safe and effective response plan that minimizes the risk of harm to the general public and first responders. 

### 8.0 Granting an exemption will not adversely affect safety As the FAA has noted in its Exempti on No. 11206 (BNSF Railway Company), manned aircraft conducting aerial surveying operat ions can weigh thousands of pounds or more and are operated by an onboard pilot, in a ddition to other crewmembers as necessary. Each of TTCI’s requested UAs weigh less than 8 pounds. The pilot and crew will be remotely located from the aircraft. The limited weight and cons truction reduces the potential for harm to persons or damage to property in the event of an incident or accident. The risk to an onboard pilot and cr ew during an incident or accident is eliminated with the use of a UAS for the proposed operations.
Manned aircraft are at risk of fuel spillage and fire in the event of an incident or accident. The unmanned aircraft (UA) carries no fuel a nd therefore the risk of fire following an incident or accident due to fu el spillage is eliminated.
The DJI Inspire 1, the DJI Phantom 3, and Stark Hx8 Coaxial Octocopter have the capability to operate safely after experienci ng certain in-flight contingencies or failures and use an auto-pilot system to maintain UAS stability and control. They are also able to respond to a loss of GPS or a lost-link ev ent with a pre-coordi nated, predictable, automated flight maneuver. These safety featur es provide an equivale nt level of safety compared to a manned aircraft holding a rest ricted airworthiness certificate performing a similar operation.TTCI contemplates conducting UAS operations e ither at TTC (a 52 square mile facility) or over other private or controlled access pr operty, solely during daylight hours, at altitudes well below that which would pose a risk to other aircraft . UAS operations are intended to be conducted in areas away from congested areas. TTCI also plans to conduct UAS operations at least 5 nautical m iles from any airport unless a letter of agreement with that airport’s management is obtained or otherwise permitted by a Certificate of Authorization (COA).
All UA operations will be within visual line of sight (VLOS) of the PIC at all times and utilize a visual observer (VO) as detailed in the proposed operating conditions. 

### 9.0 Proposed operating conditions TTCI proposes to operate the DJI Inspire 1, the DJI Phantom 3, and Stark Hx8 Coaxial Octocopter in compliance with the following operating conditions:

1. Part of TTCI’s proposed operation is to trai n railroad inspectors and incident first responders on integrating use of UASs into their procedures.

a. Training flights will only be conducted at TTC.

b. Trainees may be allowed to act as PIC, provided they meet all of the requirements in paragraphs 14 and 15 below.

c. Any flights conducted with a non-TTCI employee or contractor as PIC will be conducted under supervisi on of a TTCI employee meeting the requirements of paragraphs 14 and 15.

d. Any flights conducted with a non-TTCI employees or contractor as PIC will require a TTCI employee or contra ctor to act as a visual observer (VO) as defined in paragraph 7.

2. Operations will be limited to the DJI In spire 1, the DJI Phantom 3, and Stark Hx8 Coaxial Octocopter when weighing less than 55 pounds including payload. Proposed operations of any other aircraft will require a new petition or a petition to amend this exemption.

3. TTCI will conduct UAS operations either at TTC (a 52 square mile isolated facility) or over other private or cont rolled access property. All UAS operations will be conducted in areas away from congested areas.4. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The exemption holder may use either gr oundspeed or calibrated airspeed to determine compliance with the 87 knot sp eed restriction. In no case will the UA be operated at airspeed s greater than the maximum UA operating airspeed recommended by the aircraft manufacturer.

5. The UA must be operated at an altitude of no more than 400 AGL. Altitude must be reported in feet AGL.

6. The UA must be operated within visual li ne of sight (VLOS) of the PIC at all times. This requires the PIC to be able to use human vision unaided by any device other than corrective lenses, as specifie d on the PIC’s FAA-issued airman medical certificate or U.S. driver’s license.

7. All operations must utilize a visual observer (VO). The UA must be operated within the visual line of sight (VLOS) of the PIC and VO at all times. The VO may be used to satisfy the VLOS requireme nt as long as the PIC always maintains VLOS capability. The VO and PIC must be able to communicate verbally at all times; electronic messaging or texting is not permitted during flight operations. The PIC must 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 duties required of the VO.

8. Any exemption granted, a nd all documents needed to operate the UAS and conduct its operations in accordance with the conditions and limitations stated above, are hereinafter referred to as the operating documents. The operating documents must be accessible during UAS operations and made available to the Administrator upon request. If a discrepa ncy exists between the conditions and limitations in this exemption and the procedures outlined in the operating documents, the conditions and limitations herein take precedence and must be followed. Otherwise, the operator must fo llow the procedures as outlined in its operating documents. The operator may update or revise its operating documents. It is the operator’s responsibility to tr ack such revisions and present updated and revised documents to the Administrator or any law enforcement official upon request. The operator must also presen t updated and revised documents if it petitions for extension or amendment to this grant of exemption. If the operator determines that any update or revision would affect the basis upon which the FAA granted any exemption, then the operator must petition for an amendment to its grant of exemption. The FAA’s UAS Integration Office (AFS

− 80) may be contacted if questions arise regardin g updates or revisions to the operating documents.9. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteri stics, e.g. replacement of a flight critical component, must undergo a functional test flight pr ior to conducting further operations under this exemption. Functional test flights may 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.

10. The operator is responsible for maintaini ng and inspecting the UAS to ensure that it is in a condition for safe operation.

11. Prior to each flight, the PIC must conduc t a pre-flight inspection and determine the UAS is in a condition for safe fli ght. The pre-flight inspection must account for all potential discre pancies, e.g. inoperabl e components, items, or equipment. If the inspection reveals a condition that aff ects the safe operation of the UAS, the aircraft is prohibited from operating until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight.

12. The operator must follow the UAS manu facturer’s maintenance, overhaul, replacement, inspection, and life limit requ irements for the aircraft and aircraft components.

13. Each UAS operated under this exemption must comply with all manufacturer safety bulletins.

14. Under this grant of exemption, a PIC mu st hold either an airline transport, commercial, private, recreational, or spor t pilot certificate. The PIC must also hold a current FAA airman medical certifi cate or a valid U.S. driver’s license issued by a state, the District of Colu mbia, Puerto Rico, a territory, a possession, or the Federal government. The PIC mu st also meet the flight review requirements specified in 14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilo t certificate.15. The operator may not permit any PIC to ope rate 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, incl uding 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 CFR § 61.51(b). Fli ghts for the purposes of training the operator’s PICs and VOs (training, prof iciency, and experi ence-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. However, tr aining operations may only be conducted during dedicated training sessions. During training, pr oficiency, and experiencebuilding flights, all persons not essentia l for flight operations are considered nonparticipants, and the PIC must operate the UA with appropriate distance from nonparticipants in accordan ce with 14 CFR § 91.119.

16. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All operations must be conducted under vi sual meteorological conditions (VMC). Flights under special visual flight rules (SVFR) are not authorized.

17. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as denoted in the current FAA Ai rport/Facility Directory (AFD) or for airports not denoted with an ARP, the cen ter of the airport symbol as denoted on the current FAA-published aeronautical char t, unless a letter of agreement with that airport’s management is obtained or otherwise permitted by a COA issued to the exemption holder. The letter of agreement with the airport management must be made available to the Administrato r or any law enforcement official upon request.

18. The UA may 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.

19. If the UAS loses communications or loses its GPS signal, the UA must return to a pre-determined location within the pr ivate or controlled-access property.

20. The PIC must abort the flight in th e event of unpredicted obstacles or emergencies.

21. The PIC is prohibited from beginning a 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 with the reserve power recommended by the manufacturer if greater.22. Air Traffic Organization (ATO) Certificat e of Waiver or Authorization (COA). All operations shall be conducted in acco rdance with an ATO-issued COA. The exemption holder may apply for a new or amended COA if it intends to conduct operations that cannot be conducted under the terms of the attached COA.

23. All aircraft operated in accordance with this exemption must be identified by serial number, registered in accordance with 14 CFR part 47, and have identification (N

− Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must be as large as practicable.

24. Documents used by the operator to ensure the safe operation and flight of the UAS and any documents required un der 14 CFR §§ 91.9 and 91.203 must be available to the PIC at the GCS of th e UAS any time the aircraft is operating. These documents must be made availa ble to the Administ rator or any law enforcement official upon request.

25. The UA must remain clear and give wa y to all manned aviation operations and activities at all times.

26. The UAS may not be operated by the PIC from any moving devi ce or vehicle.

27. All Flight operations must be conducted at least 500 feet from all nonparticipating persons, vessels, vehicles, and structures unless:

a. Barriers or structures ar e present that sufficiently protect nonparticipating persons from the UA, its payload, a nd/or debris in the event of an accident. The operator must ensure that nonparticipating persons remain under such protection. If a situation arises where nonparticipating persons leave such protection and are within 500 feet of th e UA, flight operations must cease immediately in a ma nner ensuring the safety of nonparticipating persons; and

b. The owner/controller of any vessels, vehicles or structures has granted permission for operating closer to th ose objects and the PIC has made a safety assessment of the risk of ope rating closer to those objects and determined that it does not present an undue hazard.

28. The PIC, VO, operator trainees or es sential persons are not considered nonparticipating persons under this exemption.

29. The environmental sensor array payload will only be released with the aircraft on the ground.30. All operations shall be conducted over priv ate or controlled-access property with permission from the property owner/cont roller or authorized representative. Permission from property owner/controller or authorized representative will be obtained for each flight to be conducted.

31. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the operational area as defi ned by the applicable COA must be reported to the FAA's UAS Integration Office (AFS

− 80) within 24 hours. Accidents must be reported to the Nati onal Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov.

### 10.0 Summary for Federal Register publication Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the Federal Register should the FAA dete rmine that publication is needed:

Petitioner: Transportation Technology Center, Inc. (TTCI)

Sections of 14 C.F.R. Affected: 14 C.F.R. Part 21, Subpart H 14 C.F.R. §45.29 14 C.F.R. §61.23(a) 14 C.F.R. §61.101 (a) and (e) 14 C.F.R. §61.113(a) and (b) 14 C.F.R. §61.315 (a) and (c) (2) 14 C.F.R. §91.7(a) 14 C.F.R. §91.119(c) 14 C.F.R. §91.121 14 C.F.R. §91.151(a)(1) and (b) 14 C.F.R. §91.405(a) 14 C.F.R. §91.407(a) 14 C.F.R. §91.409(a)(1) and (2) 14 C.F.R. §91.417 (a) and (b)

Description of Relief Sought: Petitioner seeks relief from the requirements of 14 C.F.R. Part 21, Subpart H, §§45.29, 61.113( a), 61.101 (a) & (e), 61.113(a) & (b), 61.315 (a) & (c) (2), 91.7(a), 91.119(c), 91.121, 91.121, 91.151(a)(1) and (b), 91.405(a), 91.407(a), 91.409(a) (1) and (2), and 91.417 (a) to conduct UAS operations for development and demonstration of procedures to assist in the safe evaluation and analysis of railroad infrastructure and operations as well as initial assessment of derailments or other incidents. In addition TTCI intends operate UAVs for training of inspectors on particular inspection requirements and hazar ds associated with operating on railroad infrastructure as well as for training of fi rst responders for integrating UAS operations into the procedures currently available for assessment of railroad incidents.