February 8 , 2016

U.S. Department of Transportation Docket Management System SE Washington DC 20590

Re: Petition for Exemption under Section 333 of the FAA Reform Act and FAA Regulations

To Whom It May Concern:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14 CFR Part 11, Arkansas State University hereby petitions for an exemption from Federal Aviation Regulations to allow commercial operation of designated UAS, provided such operations are conducted

within and under the conditions outlined in its petition or a s may be established by the FAA

.
Arkansas State University intends to conduct commercial operations of UAS. The UAS are equipped with ca meras and other avionics that would provide services in the following areas:

1. Aerial photography and/or video for public and/or private use including websites, television, public events, cinematography

, and newsgathering.

2. Aerial photography and/or video for public and/or private use including agriculture, real estate, architecture, land surveying, engineering

, and other related professional activities.

3. Aerial photography and/or video to assist law enforcement or search and rescue operations in

cases of an em ergency or natural disaster only when the local authorities or government entity has requested it by contract or donation.

4. Training to persons assigned as pilots in command and visual observers to increase awareness and improve safety for current and futur e UAS operations within the NAS.

Approval of this petition for exemption would increase public education and awareness of UAS operations and aid others in fulfilling the Secretary of Transportation ’ s (t h e FAA

Administrator ’ s) responsibilities to “ ....establish requirements for the safe operation of such

aircraft systems in the national airspace system. ” As described fully in the attached petition , the requested exemption would permit the safe and beneficial operation of the UAS under limited,

cont rolled conditions in the NAS. Thus, t he petitioner requests your respective approval of this Section 333 exemption. Thank you for your consideration.

Sincerely,

Laura Kehler Shue

Associate General Counsel Arkansas State University System 501 Woodlane, Suite 600 Little Rock, AR 72201

501

- 660

- 1009 lshue@asusystem.edu

Enclosure On behalf of: Dr. William M. Smith, Jr. Executive Director, Marketing and

Communi cations Arkansas State University Jonesboro, AR

870

- 972

- 3820

billsmith@astate.edu2

PETITION

PETITIONER Arkansas State University Jonesboro, Arkansas

Point of Contact:

Laura Kehler Shue

Associate General Counsel Arkansas State University System 501 Woodlane, Suite 600 Little Rock, AR 72201

501

- 660

- 1009 lshue@asusystem.edu On behalf of: Dr. William M. Smith, Jr. Executive Director, Marketing and

Communications Arkansas State University Jonesboro, AR

870

- 972

- 3820

billsmith@astate.edu

FAA REGULATIONS EXEMPTION REQUEST LIST

 14 CFR Part 21 subpart H

 14 CFR 45.23 (b)

 14 CFR 61.113 (a) & (b)

 14 CFR 91.7 (a)

 14 CFR 91.9 (b) (2)

 14 CFR 91.103

 14 CFR 91.109

 14 CFR 91.119 (c)  14 CFR 91.121

 14 CFR 91.151(a)

 14 CFR 91.203 (a) & (b)

 14 CFR 91.405 (a)

 14 CFR 91.407 (a) (1)

 14 CFR 91.409 (a) (2)

 14 CFR 91.417 (a) & (b)

UAS A IRCRAFT DJI S900; DJIS1000; DJI Phantom 1, 2, 3; DJI Inspire; EOdrones HLH; EOdrones FTX; EOdrones 250; EOdrones FTW

UAS P RIMARY FLIGHT CONTROL SYSTEMS DJI aircraft use the DJI Autopilots; EOdrones and 3dr use the 3dr Autopilots

OPERATIONS RISK ASSESSMENT Given the small size of the UAS in scope and the controlled environment provided, the proposed operations will adhere to the Reform Act ’ s safety requirements. The approval of this petition presents no national security issues. Consider ing the level of safety surrounding the proposed operations

, the pub l ic benefit, and reduction in environmental impact, the grant of the requested exemption is in the public interest. Accordingly, the petitioner requests that the FAA grant the

req uested exemption.3

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

The UAS operation limitations pro vide for an equivalent or higher level of safety than regulations for conventional aircraft because the limitation s enhance the safety of persons and/or

property. These limitations and conditions to which the petitioner agrees to adhere when conducting commercial operations under the proposed exempti on inc l ude the following :

1. The UAS will weigh less than 55 l bs. 2. The UAS, depending on the model in operation, will have a maximum operating speed of no

more than 55 knots. 3. Flights will be operated within line of sight of the Pilot in Command (PIC) and/or Visual

Observer (VO).

4. Maximum f

l ight time for each operational f l ight will be depending on the UAS model in operation, but will not exceed 120 minutes. Flights will be terminated at 25% battery power

reserve or 5 minutes of flight time whichever occurs first during the flight operation. 5. Flights will be operated at an altitude of no more than 400 feet Above Ground Level (AGL).

6. Minimum crew for each UAS operation will consist of the P IC and at least one VO, and may include a third, but separate, Camera Operator (CO). 7. The UAS pi l ot in command will have either advanced flight training or an airline transport, commercial, private, recreational, or sport pilot certificate

, and either a current FAA medical certificate or a valid U.S. driver’s license issued by a state. 8. A flight p l anning and safety briefing will be performed prior to each flight con sisting of F A A

R egulation

- required planning and notifications.

9. A ll flight activities will be logged using the operating plan procedure required by Arkansas State University

. 10. A ll flights will occur under Visual Meteorological Conditions (VMC) only. 11. The flights will occur in Class G airspace no closer than a 5 nautical mile radius of the geographic center/Airport Reference Point (ARP) of a tower controlled or uncontrolled airport

not classified as restricted, private, or closed ; or, if within 5 na utical miles, with a proper letter of agreement with that airport. 12. The operator will obtain verbal/written consent of all persons involved with the planned operation and ensure that only consenting persons will be allowed within 5 00 feet of the flight operation

. 1 3 . The PIC and VO will have been trained in operation of UAS and receive up to date

information for the particular UAS to be operated.

1 4 . The PIC and VO will be able to communicate by voice and/or radio at all times.

1 5 . If the UAS loses commu nications with the remote controller or loses GPS signal, the UAS

will have the capability to return to a predetermined location within a designated location and

land autonomously.

1 6 . The UAS will have the capability to abort a flight in case of emergencies with an automated

“ Return Home and Land ” function and will have the capability to abort a flight (forced landing) in case of unpredicted obstacles, weather, or emergencies such as low battery. 17. The operator will have a motion picture and television operations manual if applicable.

18. Written and/or verbal permission and permits will be obtained from territorial, state, county or city jurisdictions, including the Flight Standards District Office, and local law enforcement, fire or other appropriate governmental agencies as appropriate to flight operations.4

Given the UAS size and limited operating area associated with the aircraft, an exemption from

the following sections meets the requirements of an equivalent level of safety under Section 333

of the Reform Act and 14 CFR Part 11 :

14 CFR. §21, Subpart H, and 14 CFR §91.203 (a)(1)

. A irworthiness C ertificates The Federal Aviation Act (49 U.S.C.§44701 (f)) and Section 333 of the Reform Act both

authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration of the size, weight, speed, operational capability, and proximity to airports and populated areas of the particular UAS.

In all c ases, an analysis of these criteria demonstrates that the UAS operated without an

airworthiness certificate in the restricted environment and under the conditions proposed will be at least as safe, or safer, than a conventional aircraft (fixed wing or roto rcraft) operating with an

airworthiness certificate without the restrictions and conditions proposed. The UAS to be operated hereunder is less than 55 l bs. fully loaded, carries neither a pilot nor passenger, carries no explosive materials or flammable li quid fuels, and operates exclusively within a secured and designated area. Unlike other civil aircraft, operations under this exemption will be tightly controlled and monitored by both the operator and under the requirements and in compliance with local pu blic safety requirements. These safety enhancements provide a greater degree of safety to the public and property owners than conventional operations conducted with airworthiness certificates issued under 14 C.F.R. Part 21, Subpart H. Application of these same criteria demonstrates that there is no credible threat to national security posed by the UAS, due to its size, speed of operation, location of operation, lack of explosive materials or flammable liquid fuels, and inability to carry a substantial exte rnal load.

14 C.F.R. §45.23 (b). Marking of the Aircraft The regulation requires: When marks include only the Roman capital letter "N" and the registration number is displayed on limited, restricted or light sport category aircraft or experimental or provisionally certificated aircraft, the operator must also display on that aircraft near each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor more than 6 inches high, the words "limited," "restricted," "light sport, " "experimental," or "provisional," as applicable 14 C.F.R. § 45.23 (b). Even though the UAS will have no airworthiness certificate, an exemption may be needed as the

UAS will have no entrance to the cabin, cockpit or pilot station on which word s can be pl aced. Given the size of the UAS, two inch lettering will be impossible.

14 C.F.R. §61.113 (a) and (b): Private Pilot Privileges and Limitations: Pilot in Command. This section provides that no person who holds a private pilot certificate may act as a pil ot in command of an aircraft that is carrying passengers or property for compensation or hire. The proposed UAS operations may achieve an equivalent level of safety as achieved by current Regulations because the petitioner’s UAS do not carry any pilots

, p assengers
, or property. The

risks attendant to the operation of UAS is far less than the risk levels inherent in the commercial

activities outlined in 14 CFR 61.5

14 C.F.R. §91.7(a): Civil Aircraft Airworthiness. The regulation requires that no person may operate a civil aircraft unless it is in airworthy

condition. As there will be no airworthiness certificate issued for the aircraft, should this exemption be granted, no FAA regulatory standard will exist for determining airworthiness.

G iven the size of the aircraft for maintenance and use of safety checklists prior to each flight, an equivalent level of safety will be provided.

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

This s ection provides that n o person may operate a U.S . registered civil aircraft f or which an Airplane or Rotorcraft Flight Manual is not required by §21.S of this chapter, unless there is

available in the aircraft a current approved airplane or Rotorcraft Flight Manual, approved manual material, markings, a nd placards, or any combination thereof. The UAS, given its size and configuration has no ability or place to carry such a flight manual on the aircraft, not only because there is no pilot on board, but because there is no room or capacity to carry such a n item on the aircraft. The equivalent level of safety will be maintained by keeping the flight manual at the ground control point where the PIC flying the UAS will have

immediate access to it.

14 C.F.R. §91.103: Preflight Action. This regulation requires each pilot in command to take certain actions before flight to insure the safety of flight. As FAA approved aircraft flight manuals will not be provided for the aircraft an exemption will be needed. The PIC will take previously listed pre

- flight actions including but not limited to reviewing weather, flight battery requirements, landing and takeoff distances and aircraft performance data before initiation of flight.

14 C.F.R. §91.109: Flight Instruction.

This s ection provides that no person may operate a civil aircraft (except a manned free balloon)

that is being used for flight instruction unless that aircraft has fully functioning dual controls.

UAS and remotely piloted aircraft, by their design may not have fully functional dual controls. Flight control is accomplished through the use of a control box that communicates with the

aircraft via radio communications. The FAA has approved exemptions for flight training without fully functional dual controls for a number of aircraft and for fligh t instruction in experimental

aircraft. The equivalent level of safety is provided by the fact that neither a pilot nor passengers will be carried in the aircraft and by the size and speed of the aircraft.

14 C.F.R. §91.119: Minimum Safe Altitudes.

This s ection establishes safe altitudes for operation of civil aircraft. Section 91.119 (d) allows helicopters to be operated at less than the standard minimums prescribed, provided the person operating the helicopter complies with any route or altitudes pres cribed for helicopters by the

FAA. As this exemption requests authority to operate at altitudes up to 400 AGL, an exemption may be needed to allow such operations. As set forth herein, the UAS will never operate at higher than 400 AGL , with a security perimeter, where buildings and people will not be exposed6

to operations without their pre

- obtained consent. The equivalent level of safety will be achieved given the size, weight, and speed of the UAS as well as the location where it is operated.

Moreover , n o flight will be taken without the permission of the property owner or local officials.

Because of the advance notice to any property owner and participants in the filming activity, all affected individuals will be aware of the planned flight operation s

.

14 C.F.R. §91.121 Altimeter Settings. This regulation requires each person operating an aircraft to maintain cruising altitude by

reference to an altimeter that is set “ ...to the elevation of the departure airport or an appropriate altimeter setting available before departure. ” As the UAS may not have a barometric altimeter,

but instead a GPS altitude read out, an exemption may be needed. An equivalent level of safety will be achieved by the operator, pursuant to the safety check list and live flight data monitoring, confirming the altitude of the launch site shown on the GPS altitude indicator before flight.

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

This se ction prohibits an individual from beginning “ a flight in a n 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. ”

A n equivalent level of safety can be achieved by limiting flights to five minutes or 25% of battery power

— whichever happens first. This restriction would be more than adequate to

return the UAS to its planned landing zone from anywhere in its limited operating area.

14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration The regulation provides that no person may operate a civil aircraft unless it has within i t a n appropriate and current airworthiness certificate and that n o person may operate a civil aircraft unless the airworthiness certificate or a special flight authorization is displayed at the cabin or cockpit entrance so that it is legible to passengers or crew. The UAS is operated without an onboard pilot and no area to carry certification and registration documents or to display them on the UAS. An equivalent level of safety will be achieved by keeping these documents at the ground control point where the pilot flying the UAS will have immediate access to them, to the extent they are applicable to the UAS.

14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) &(b): Maintenance Inspections. These regulations require that an aircraft operator or owner shall have that aircraft inspected an d shall between required inspections have any discrepancies repaired. T hese sections apply only to

aircraft with an airworthiness certificate. UAS Maintenan ce will be accomplished by the operator pursuant to the UAS operating manual

. An equivalent level of safety will be achieved

because the UAS is limited in size and will operate only in restricted areas for a limited period of

time. If mechanical issues a rise

, the UAS can land immediately. The operator will ensure that the UAS is in working order prior to initiating flight, perform required maintenance, and keep a log of any maintenance performed.7

SUMMARY

The rules from which the petitioner

, Arkansas State University

, seeks exemption include the following: 14 CFR Part 21 subpart H ; 14 CFR 45.23 (b) ; 14 CFR 61.113 (a) & (b) ; 14 CFR 91.7 (a) ; 14 CFR 91.9 (b)(2) ; 14 CFR 91.103 ; 14 CFR 91.109 ; 14 CFR 91.119 (c) ; 14 CFR 91.121 ; 14 CFR 91.151(a) ; 14 CFR 91. 203 (a) & (b) ; 14 CFR 91.405 (a) ; 14 CFR 91.407 (a)(1) ; 14 CFR 91.409 (a)(2) ; and 14 CFR 91.417 (a) & (b)

. Given the UAS size and limited operating area

associated with the aircraft to be utilized by the petitioner , an exemption from these sections

meets the requirements of an equivalent level of safety under Section 333 of the FAA

Modernization and Reform Act of 2012 and 14 CFR Part 11.

Additional Information

The petitioner, Arkansas State University, submits that this exemption request and associated safety considerations adequately satisfy criteria provided in Section 333 of the Reform Act of

2012 to provid e sufficient justification for the granting of petitioner’s commercial UAS operation s

.