Mark E. McKinnon
Matthew J. Clark Mark.McKinnon@dentons.com
Matthew.Clark@dentons.com

D 703.336.8708

D 703.336.8714

Dentons US LLP

1676 International Drive • Penthouse McLean, VA 22102
United States

T 703.336.8800

F 703.336.8750 Salans FMC SNR Denton

McKenna Long

dentons.com

July 23

, 2015

To Whom it May Concern:

Pursuant to Section 333 of the FAA Moderni zation and Reform Act of 2012 (Refor m Act ) and 14 C.F.R. Part 11, Iowa State University of Science and Technology ( hereinafter

sometimes referred to as " ISU " or " Petitioner " ) hereby applies for a Summary Grant of Exemption from the Federal Aviation Regulations (FARs ) identified below, to ope rate small unmanned aerial vehicles ( i.e., small unmanned aircraft systems or UAS ) for the purpose of conducting aerial data collection, including aerial imaging and remote sensing and surveying

, in support of its education and research operations

. Specif ically, ISU requests permission to operate the SenseFly eBee series of aircraft, the DJI Spreading Wings series of aircraft, and the AirCover QR425. ISU respectfully submits that this Petition for Exemption qualifies for expedited approval, as the Federal Aviation Administration ( FAA ) has previously issued grants of exemption in circumstances similar in all material respects to those presented herein

. In addition to this Petition for Exemption, ISU will also submit The University UAS Operations

Manual u nder separate cover. U.S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE Washington, DC 20590

Re: Petition of Iowa State University of Science and Technology for Summary Grant

of Exemption Pursuant to Section 333 of the FAA Modernization and Reform

Act of 2012U.S. Department of Transportation

J uly 23 , 2015 Page 2

For your convenience, this Petition is organized as follows:

T ABLE OF C ONTENTS

P AGE

I. B ACKGROUND & D ESCRIPTION OF P ETITIONER ERROR! BOOKMARK NOT DEFINED.

II. D ESCRIPTION OF P ROPOSED O PERATION

................................ ................................ ........... 4

III. R ELEVANT S TATUTORY A UTHORITY

................................ ................................ ................. 6

IV. ISU' S P ROPOSED UAS O PERATIONS M EET THE R EQUIREMENTS OF S E CTION
333 OF THE R EFORM A CT

................................ ................................ ................................ ... 6

A. Approval is Warranted Based on the UAS's Size, Weight, Speed, and Operational Capability

................................ ................................ ............................. 6

B. Approval is Warranted Based on the Operational Restrictions in ISU's Operating Documents

................................ ................................ .............................. 7

V. R EGULATIONS F ROM W HICH E XEMPTION I S S OUGHT

................................ ...................... 7

A. 91.9(c), 45.23(b) and 45.27(a): Aircraft Marking and Identification Requirements

................................ ................................ ................................ ........... 8

B. 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2); 91.417(a) and (b): Maintenance Inspections

................................ ................................ .......................... 9

C. 61 .23(a) and (c), 61.113, 61.101(e)(4) and (5), 61.315: Private, Recreational and Sport Pilot Medical Certificate, Privileges and

Limitations

................................ ................................ ................................ ............. 10

D. 91.7(a): Civil Aircraft Airworthiness

................................ ................................ .... 11

E. 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft and 91.203(a) and (b): Carrying Civil Aircraft Certification and Registratio n

................................ ... 11

F. 91.103: Preflight Action

................................ ................................ ........................ 12

G. 91.109(a): Flight Instructi on

................................ ................................ ................. 13

H. 91.119(c): Minimum Safe Altitudes Over Other Than Congested Areas

.............. 13

I. 91.121: Altimeter Settings

................................ ................................ .................... 14

J. 91.151(a): Fuel Requirements for Flight in VFR Conditions

................................ 14

VI. D RUG AND A LCOHOL P ROGRAM

................................ ................................ ...................... 15

VII. P UBLIC I NTEREST

................................ ................................ ................................ .............. 15

VIII. P RIVACY

................................ ................................ ................................ ............................ 16

IX. F EDERAL R EGISTER S UMMARY

................................ ................................ ........................ 16

X. C ONCLUSION

................................ ................................ ................................ ..................... 16U.S. Departmen t of Transportation

J uly 23 , 2015 Page 3

I. B ACKGROUND & D ESCRIPTION OF P ETITIONER

Iowa State University o f Science and Technology is a land grant public institution of higher education located in Ames, Iowa. ISU is dedicated to continuing to build a robust, visionary aviation and aerospace program coupled with an innovative agricultural research and

Extensio n/outreach enterprise that utilizes UA S technology as a platform for aerial data collection

and which facilitates economic development, discovers new products and processes, and creates opportunities for students, researchers, and Extension Specialists as well as agricultural and

aviation stakeholders. As part of this vision, ISU seeks an exemption for commercial operations

of small UAS for educational, research, e xtension, and marketing purposes.

ISU’s College of Agriculture and Life Sciences and the Agriculture Experiment Station,

have conducted mission

- oriented basic and applied research for over 125 years. The college shares new knowledge for the betterment of Iowa. The College/Experiment Station is a world leader in “science with practice” that improves lives and livelihoods. It has been ranked in the top 10 colleges of agriculture and forestry worldwide by QS Rankings from 2013

- 2015.

Agriculture and agricultural sciences are poised to drive economic growth and job creation to new heights, with ISU’s College of Agriculture and Life Sciences providing ess ential education, research and E xtension. The College/Experiment Station works across the state and globe to help people more efficiently and sustainably produce food, feed, bio

- energy and everyday materials; protect plant, animal and human health; and care for the environment. Many of the 750 active research projects rely on data

- driven science to generate innovation, discovery

and solutions r elated to food and nutritional security. The development and use of UAS is a key component to success and solutions addressed by our many research projects.

ISU has a long history of aerospace research and education. Aeronautical Engineering

courses were offered by ISU as early as 1929. In 1933, undergraduate courses were available, dealing with the desig n of Aeronautical structures. In 1942 Aerospace became its own department , spending much of its time in p ilot instruction. In the early 1960s, the offic ial name of the Aeronautics Department was changed to Aerospace. The Department specializes in all aspects of aviation and aerospace research, including structures, propulsion, aerodynamics, controls, and system engineering. It has a flight simulation fac ility, and the capabilities to build, certify, and test both fixed

- and rotary

- wing vehicles.

Consistent with ISU’s v isionary aerospace program and commitment to adopting new technologies to advance its educati on, research and E xtension programs, ISU seeks a Section 333 Exemption to operate small UAS for aerial data collection.

In accord ance with 14 C.F.R. § 11.81(a), t he contact information for Petitioner is as

follows:

Adwin L. Hesseltine Brooke Langlitz

DirectorU.S. Departmen t of Transportation

J uly 23 , 2015 Page 4

Iowa State University

Office of Resea rch Integrity

1138 Pearson Hall Ames, Iowa 50011

Phone: 515

- 294

- 7793

Email: mailto:langlitz@iastate.edu

II. D ESCRIPTION OF P ROPOSED O PERATION

ISU intends to establish a robu st UAS program that centers on aerial data collection and air vehicle research. There will be an educational subprogram that focuses on UAS operation from public and private (commercial) aspects. Additional subprograms will be focused on 1) precision agriculture research, 2) E xtension/outreach to farmers, agribusine sses, and government

entities on the app lication of UAS technology and research advancements from UAS

- supported precision agriculture to the various agricultural stakeholders, 3) development of innovative air vehicle technologies, 4) control of m ultiple air vehicles in closely coupled collaborative flight, 5) crops research related to plant breeding, pest management, forages, bio

- energy crops, soil management and soil fertility, 6) natural resources research related to forestry, water quality and wildlife, and 7) marketing and promotion , including using aerial imagery to enhance student

recruitment.

ISU intends to establish a UAS Flight Instruction Program. This program will introduce

students to the elements of UAS operation from a commercial and non

- commercial perspective

. All UAS training and instruction activities will occur under tightly controlled conditions on property that is more than five miles from any airport and is owned and controlled by ISU. Upon completion of ISU's Program, students , faculty and staff will be provided with a Certificate of Completion. This "Certificate of Completion" does not permit the student to engage in

commercial UAS activities that are not in accordance with the FARs, but rather, is intended to be

an acknowledgement that the student has successfully demonstrated a complete understanding of

UAS operations.

ISU will serve students, federal, state, and local governments, the aviation and agricultural

industries by pioneering UAS academic programs, developing and deploying UAS technology to address agricultural science research questions, enhancing relationships with government and industry, s trengthening UAS flight operations and training, and collaborating with other academic

institutions. This exemption request is an opportunity to not only prepare students for aviation

and aerospace careers in the UAS industry, but also to collaborate with the FAA to study and

address training and qualification needs specific to the UAS industry. To that end

, ISU will

coordinate and continuously update its curriculum , research and E xtension/outreach agenda to
take advantage of new guidance and regulations proposed and implemented by the FAA.

All of the UAS platforms ISU intends to use have already been approved for commercial use in other grants of exemption

, including the DJI Sp reading Wings S10 0 0, AirCover QR 425, and SenseFly eBee. As set forth below, the FAA has previously determined that these vehiclesU.S. Departmen t of Transportation

J uly 23 , 2015 Page 5

meet the criteria established in Section 333 of the Reform Act and are suitable platforms for performing aerial data collection.

In addition, ISU has a proven track record of safe UAS operations. The FAA has issued

ISU two Certificate of Waiver or Authorizations (COAs) for research activities locat ed in areas under the jurisdiction of the Des Moines Terminal Radar Approach Control (TRACON):

 COA No. 2014

- CSA

- 90 : Operation of the S enseFly eBee, UAS in Class G airspace below 400 AGL the vicinity of Ames, Iowa under the jurisdiction of Des Moines

TRACON

.

 COA No. 2014

- CSA

- 142 : Operation of the AirCover QR425, UAS in Class G airspace below 400 AGL the vicinity of Ames, Iowa under the jurisdiction of Des

Moines TRACON.

ISU is committed to ensuring that its instruction program is not only compliant, but that is

also reflects best practices as UAS technology evolves

. To that end, ISU will leverage its knowledge and experience gained operating UAS under its public COAs to ensure that the proposed operations are conducted safety. All UAS operations will be performed in accordance with the accompanying ISU operating documents, and in accordance with the requirements of an applicable COA. Among other things, and as detailed in the operating documents, all UAS operations will occur in uncontrolled airspace, w ithin visual line

- of

- sight (VLOS) of the pilot and visual observer, and will be limited to daytime visual flight rules ( VFR ) conditions.
Moreover, ISU's operating documents incorporate redundant safeguards to enhance safety.

The proposed operations in this Petition for Exemption are not new or novel to the FAA. The FAA has previous ly issued grants of exemption to use small UAS for aerial data collection in support of similar educational and research activities , including:

 Ex emption No. 11304 to Auburn University Aviation Center to conduct training courses to instruct students in the operation of unmanned aircraft and their associated systems. (Docket No. FAA

- 2014

- 1014);

 Exemption No. 11552 to Sinclair Community College to c onduct educational research and training (Docket No. FAA

- 2015

- 0374); and

 Exemption No. 11265 to the City of Roswell Coalition to perform research, development and validation of a formal UAS training curriculum (Docket No. FAA

- 2014

- 0732).

The low

- risk UA S operations proposed by ISU in this Petition for Exemption fall squarely within the category of aerial data collection that has been subject to previous approval

.U.S. Departmen t of Transportation

J uly 23 , 2015 Page 6

III. R ELEVANT S TATUTORY A UTHORITY

This Petition for Exemption is submitted pursuant to Secti on 333(a) through (c) of the

Reform Act . Congress has directed the FAA "to safely accelerate the integration of civil unmanned aircraft systems into the national airspace system." Pursuant to Section 333 of the Reform Act, the FAA Administrator is to per mit unmanned aircraft systems to operate in the national airspace system ( NAS ) where it is safe to do so based on the following considerations:

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

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

 Operation of the UAS within the visual line of sight of the operator.

Additionally, the FAA Administrator has general authority to grant exemptions from the agency's safety regulations and minimum standards when the Administrator d ecides a requested exemption is in the public interest. See 49 U.S.C. § 106(f) (defining the authority of the Administrator); 49 U.S.C. § 44701(f) (permitting exemptions from §§ 44701(a), (b) and §§ 44702

– 44716, et seq. ). A party requesting an exemption must explain the reasons why the exemption: (1) would benefit the public as a whole, and (2) would not adversely affect safety (or how it would provide a level of safety at least equal to the existing rules). See 14 C.F .R. § 11.81 (petitions for exemption).

IV. ISU ' S P ROPOSED UAS O PERATIONS M EET THE R EQUIREMENTS OF S ECTION 333 OF

THE R EFORM A CT

ISU’ s proposed operations in this Petition for Exemption qualify for expedited approval via the summary grant process pursuant to Se ction 333 of the Reform Act

, as each of the statutory criteria and relevant factors are satisfied and the FAA has previously issued grants of exemption in circumstances similar in all material respects to those presented in this Petition for Exemption.

A. A pproval is Warranted Based on the UAS's Size, Weight, Speed, and Operational Capability

The FAA is familiar with and has already determined that each of the vehicles chosen by

ISU meet the requirements of Section 333 of the Reform Act due to their weight , speed and operational capabilities : the DJI Spreading Wings S10 0 0, AirCover QR425, and SenseFly eBee. See e.g.

,

 DJI Spreading Wings S1000 : Exemption No. 11318 to MicroDrone Vision Inc. ; Exemption N o. 11297 to Aerial Media Systems ; and Exemption No. 11297 to Shotwell

Media

 AirCover QR425 : Exemption No. 11353 to Union Pacific Railroad; and Exemption No.

42780 to Jackson Family VineyardU.S. Departmen t of Transportation

J uly 23 , 2015 Page 7

 SenseFly eBee: Exemption No. 11266 to Darling Geomatics; Exemption No. 11263 to SenseFly LTD; and Exemption No. 11194 to Qu iet Creek Corp.

The FAA has found the following shared characteristics of the DJI Spreading Wings S1000, AirCover QR425, and SenseFly eBee to warrant approval for a grant of exemption:

 They all weight less than 55 pounds in cluding payload;

 They all have the capability to operate safely after experiencing certain in

- flight contingencies or failures and uses an auto

- pilot system to maintain UAS stability and control. The UAS is also able to respond to a loss of GPS or a lost

- link event with a pre

coordinat ed, predictable, automated flight maneuver. These safety features provide an equivalent level of safety compared to a manned aircraft performing a similar operation and mitigate the risk of command and control link failures ;

 The radio frequencies used f or operations and control of the UAS comply with the

Fede ral Communications Commission (FCC ) and other appropriate governmen t oversight agency requirements; and

 The UAS all operate at a speed of 87 knots or less.

B. Approval is Warranted Based on the O perational Restrictions in ISU 's Operating Documents

The University UAS Operations Manual and the manufacturer's manuals for the selected UAS platforms (hereinafter collectively referred to as "operating documents") contain all the procedures and limita tions necessary to safely and successfully perform the proposed operations. To expedite the FAA's safety assessment of ISU's proposed UAS operations, ISU has tailored its operating documents to comply with the conditions and limitations imposed on similarl y situated petitioners seeking to use small UAS for aerial data collection. See e.g., Grant of Exemption No. 11552 issued to Sinclair Community College, Docket No. FAA

- 2015

- 0374. In particular, the operating documents contain systems and procedures to per mit ISU to comply with the conditions and limitations in the FAA's Grant of Exemption. Id.

V. R EGULATIONS F ROM W HICH E XEMPTION I S S OUGHT

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This statutory authority, by its terms, includes exempting civil aircraft, as the term is defined

under § 40101 of the Act, including UAS, from its safety regulations and minimum standards

when the Administrator decides a requested exemption is in the public interest. See 49 U.S.C. § 44701(f) (authorizing the grant of exemptions from requirements of regulations prescribed pursuant to Sections 44701(a) and (b) and Sections 44702

- 44716).U.S. Departmen t of Transportation

J uly 23 , 2015 Page 8

ISU seeks an exemption from several interrelated provisions of 14 C.F.R. Parts 45, 61 and 91 for purposes of conducting the requested operations using small UAS , including:

FAR Description 91.9(c); 45.23(b) and 45.27(a) Aircraft Marking and Identification Req ui rements

91.405(a); 91.407(a)(1); 91.409(a)(1) and (2); 91.417(a) and (b) Maintenance and Inspection Req ui rements

61.23(a) and (c), 61.113 ; 61.101(e)(4) and (5) , 61.315 Private, Recreational and Sport Pilot Medical Certificate, Privileges and Limitations

91.7(a) Civil Aircraft Airworthiness 91.9(b)(2); 91.203(a) and (b) Carrying Aircraft Flight Manual, Certification and Registration in

the Aircraft

91.103 Preflight Action
91.109(a) Flight Instruction
91.119(c) Minimum Safe Altitudes Over Other than Congested Areas

91.121 Altimeter Settings
91.151(a) Fuel Req ui rements for Flight in VFR Conditions

Listed below are the specific sections of 14 C.F.R. for which an exemption is sought, and the operating procedures and safeguards that Petitioner has established which will ensure a level of safety better than or equal to the rules from which exemption is sought. 1

A. 91.9(c), 45.23(b) and 45.27(a): Aircraft Marking and Identification Req ui rements

ISU seeks an exemption from the aircraft marking and identification req ui rements contained in 14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a).

● 14 C.F.R. § 91.9(c), Civil Aircraft Flight Manual, Marking and Placard R eq ui rements

, provides that:

No person may operate a U.S.

- registered civil aircraft unless that aircraft is identified in accordance with Part 45 of this chapter.

1 See 14 C.F.R. § 11.81(e), which requires a petition for exemption to include:

The 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 you seek exemption.U.S. Departmen t of Transportation

J uly 23 , 2015 Page 9

● 14 C.F.R. § 45.23(b), Markings of the Aircraft, states:

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 th an 2 inches nor more than 6 inches high, the words "limited," "restricted," "light

- sport, "experimental," or "provisional," as applicable.

● 14 C.F.R. § 45.27(a), Rotorcraft, states:

Each operator of a rotorcraft must display on that rotorcraft horizontally on both surfaces of the cabin, fuselage, boom, or tail the marks req ui red by § 45.23.

In prior grants of exemption under Section 333 of the Reform Act , the FAA determined that exemption from these req ui rements was warranted provided that the aircraft "hav e identification (N

- Number) markings in accordance with 14 C.F.R Part 45, Subpart C if the markings are as large as practicable." 2 All UAS flown by ISU will bear N

- number markings that are as large as practicable in accordance with 14 C.F.R. Part 45, Subpa rt C. 3

B. 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2); 91.417(a) and (b): Maintenance Inspections

ISU seeks an exemption from the maintenance inspection req ui rements contained in 14 C.F.R. § 91.405(a), 91.407(a)(1), 91.409(a) (1) and (2); 91.417(a) and (b). These regulations specify maintenance and inspection standards in reference to 14 C.F.R. Part 43. 4 An exemption from these regulations is needed because Part 43 and these sections only apply to aircraft with an airworthiness certificate, which the U AS to be operated under this grant of exemption will not

have.

An eq ui valent level of safety will be achieved because maintenance and inspections will be performed in accordance with the operating documents and any req ui red manufacturer Safety

or Service Bulletins. Further, as req ui red by the operating documents, the Pilot

- in

- Command ( PIC ) will conduct a pre

- flight inspection of the UAS and all associated eq ui pment to account for all discrepancies and/or inoperable components. Maintenance will be performed and verified to address any conditions potentially affecting safe operation of the UAS and no flights will occur unless, and until, all flight critical comp onents of the UAS have been found to be airworthy and

2 FAA Docket No. FAA

- 2014

- 0352.

3 See, e.g., FAA Docket No. FAA

- 2014

- 0352, at 14.

4 See, e.g., 14 C.F.R. § 91.405(a) (stating that each owner or operator of an aircraft "[s]hall have the aircraft inspected as prescribed in subpart E of this part and shall between required inspections ...have discrepancies repaired as prescribed in part 43 of this cha pter

. ").U.S. Departmen t of Transportation

J uly 23 , 2015 Page 10

in a condition safe for operation. A functional test flight will be conducted following the replacement of any flight

- critical components. As req ui red by the operating documents, the PIC

who conducts the functional test flight will make an entry in the UAS aircraft records of the flight.

The operating documents also include req ui rements to follow the UAS manufacturer’s maintenance, overhaul, replacement, inspection, and life limit requirements for the air craft and aircraft components. Moreover , the operating documents also include procedures to document and maintain a record of the UAS maintenance, preventative maintenance, alterations, status of replacement/overhaul component parts, and the total time in service of Petitioner's UAS . As a whole, the maintenance and inspection procedures req ui red by Petitioner's operating documents

ensure that an eq ui valent or higher level of safety will be achieved.

C. 61.23(a) and (c), 61.113 , 61.101(e)(4) and (5)

, 61.315 : Private, Recreational and Sport Pilot Medical Certificate, Privileges and Limitations

ISU seeks exemption from these sections , which restricts private

, recreational or sport pilot certificate holders from flying aircraft for compensation or hire, and would also req ui re a Class II Medical C ertificate. The purpose of Part 61 is to ensure that the skill and competency of any PIC matches the airspace in which the PIC will be ope rating, as well as req ui ring certifications if the private pilot is carrying passengers or cargo for hire. In this case, while the UAS will be operated as part of a commercial operation, it carries neither passengers nor cargo.

In the Grant of Exempti on No. 11062 to Astraeus Aerial 5 , the FAA determined that the unique characteristics of UAS operation outside of controlled airspace did not warrant the

addition al cost and restrictions attendant with req ui ring the PIC to have a Commercial Pilot

Certificat e and Class II Medical Certificate. The fulfillment of the additional req ui rements for a private pilot to become qualified as a commercial pilot would not lead to any additional safety benefits when UAS operations are involved.

More recently, the FA A determined that holders of recreational and sport pilot certificates would also have adequate aeronautical knowledge to pilot a UAS. Accordingly, because these individuals would also be subject to security screening by the De partment of

Homeland Securit y (DHS ), the FAA determined that holders of recreational and sport pilot certificates would be qualified to serve as the PIC for UAS operations. 6

The restrictions Petitioner has placed on its UAS operations meet or exceed the restrictions similarly imp osed on Astraeus Aerial and other operators in more recently granted exemptions under Sect ion 333 of the FAA Reform Act. ISU will operate away from persons and

5 FAA Docket No. FAA

- 2014

- 0352

.

6 See Grant of Exemption No. 11213 to Aeryon Labs, Inc. (Docket No. FAA

- 2014

- 0642 at pgs.

8

- 9).U.S. Departmen t of Transportation

J uly 23 , 2015 Page 11

property that is not the subject matter of the flight

. ISU will also req ui re all PICs to be thoroughly trained in the unique aspects of UAS flight. As set forth in the operating documents, pilots will have experience not only in UAS operations generally but have logged flight time in the specific make and model used for the opera tions before they are permitted to participate in commercial flights on behalf of ISU . The pilot qualification, training, and currency req ui rements in the operating documents ensure that ISU 's pilots are competent and proficient in the UAS they

are operat ing. The Petitioner's training and qualification req ui rements are consistent with those contained in prior FAA

- issued grants of exemption and will ensure at least an eq ui valent level of safety.

D. 91.7(a): Civil Aircraft Airworthiness

Inasmuch as there will be no airworthiness certificate issued for the UAS, ISU seeks an exemption from 14 C.F.R. § 91.7(a), which req ui res that a civil aircraft be in an airworthy condition to be operated. While the petitioner’s UAS will not have an airworthiness certificate, the FAA has determined that for the purposes of this exemption the pilot may determine the aircraft is in an airworthy condition prior to flight. The operating documents contain procedures

that allow the PIC to determine whether the aircraft is in a condi tion safe for flight, and an exemption from § 91.7(a) is therefore warranted.

E. 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft and 91.203(a) and (b): Carrying Civil Aircraft Certification and Registration

Title 14 C.F.R. § 91.9(b)(2) and § 91.203(a) and (b) req ui re the operator to carry

airworthiness documents and other aircraft manuals onboard the aircraft.

Pursuant to 14 C.F.R. § 91.9(b)(2):

(b) No person may operate a U.S.

- registered civil aircraft

–

... (2) For which an Airplane or Rotorcraft Flight Manual is req ui red by § 21.5 of this chapter, unless there is available in the aircraft a current approved Airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any combi nation thereof.

Pursuant to 14 C.F.R. § 91.203(a) and (b):

(a) Except as provided in § 91.715, no person may operate a civil aircraft unless it has within it the following:

(1) An appropriate and current airworthiness certificate...

(b) No person may opera te a civil aircraft unless the airworthiness certificate

req ui red by paragraph (a) of this section or a special flight authorization issuedU.S. Departmen t of Transportation

J uly 23 , 2015 Page 12

under § 91.715 is displayed at the cabin or cockpit entrance so that it is legible to

passengers or crew.

Given the small size and configuration of the UAS, it would be impossible to keep airworthiness documents and other aircraft manuals on board the UAS because there is simply no room and the UAS has no cabin or cockpit.

In an FAA Office of Chief Counsel's Opinion d ated August 8, 2014, and prepared by Dean E. Griffith, Attorney, AGC

- 220, it was acknowledged that the intent of 14 C.F.R. 91.9(b) and 91.203(a) and (b) is met if the pilot of the unmanned aircraft has access to the UAS flight manual, registration certific ate, and other req ui red documents from the ground control station from which he or she is operating the aircraft. 7 As this FAA Office of Chief Counsel Opinion clarifies, the intent of the rule is to ensure the pilot has access to these key documents durin g flight. Therefore, an eq ui valent level of safety will be achieved by ensuring that the pilot has access to the documents at the ground control station from which he or she is piloting the UAS. 8

F. 91.103: Preflight Action

Petitioner seeks an exemp tion from 14 C.F.R. § 91.103, which req ui res a PIC to become familiar with specific information before each flight, including information contained in the

FAA

- approved Flight Manual on board the aircraft. While the PIC will be familiar with all

informatio n necessary to safely conduct the flight, an exemption is requested to the extent that an

FAA

- approved Flight Manual is req ui red

.

Adherence to the req ui rements in the operating documents will ensure that the UAS is in an airworthy condition prior to flight . The PIC will perform a series of checklists designed to identify any defects or inoperable components, which cover pre

- flight, take

- off, landing and

post

- flight procedures. The PIC will also be req ui red to review weather, flight req ui rements

, battery c harge, landing and takeoff distance, UA performance data, and contingency landing

7 Memorandum from Mark Bury, FAA Assistant Chief Counsel for International Law, Legislation and Regulation, to John Dun can, FAA Flight Standards Service (Aug. 8, 2014); see also Docket No. FAA

- 2014

- 0352 at 16

- 18.

8 See also Exemption No. 11213 to Aeryon Labs, Inc. at pg. 11:

The petitioner requested relief from 14 CFR § 91.9(b)(2): Civil aircraft flight manual, marking, and placard requirements and § 91.203(a) and (b): Civil aircraft: Certifications required. The FAA has previously determined that relief from these sections is not necessary. See Exemption No. 11062. Relevant

material s may be kept in a location accessible to the PIC in compliance with the regulations.U.S. Departmen t of Transportation

J uly 23 , 2015 Page 13

areas

— before initiation of flight. Petitioner's operating documents will be kept at the ground control station and will be accessible to the PIC at all times while operating the UAS.

G. 91.109(a): Flight Instruction

Petitioner seeks an exemption from 14 C.F.R. § 91.109(a), which provides in pertinent part that "[n]o person may operate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has fully functioning du al controls." UAS and remotely piloted aircraft, by their design, do not have functional dual controls. Instead, flight control is accomplished through the use of a device that communicates with the aircraft via radio communications. Accordingly, an exe mption will be req ui red for the flight instruction

req ui rements of 14 C.F.R. § 91.109(a).

Given the size and speed of the UAS that Petitioner intends to use, an eq ui valent level of safe training can still be achieved without dual controls because no pilot or passengers are aboard the UAS, and as req ui red by the operating documents, all persons will be a safe distance away in the event that the UAS experiences any difficulti es during flight instruction. Moreover, all flight training will be conducted in controlled and sterile environment. As a whole, the procedures provided for in the operating documents ensure that UAS flight instruction can be performed safely.

H. 91.119 ( c) : Minimum Safe Altitudes Over Other Than Congested Areas

ISU requests an exemption from the minimum safe altitude req ui rements of 14 C.F.R. §

91.119 (c)

. 9 Section 91.119 prescribes the minimum safe altitudes under which aircraft may not operate, including 5 00 feet above the surface and away from any person, vessel, vehicle, or

structure in non

- congested areas. See 14 C.F.R. § 91.119(c).

An exemption is req ui red because the proposed UAS operations will normally need to

occur below 400 feet AGL. Additional ly, due to the nature of the proposed operations, the PIC

and/or Observers may need to be less th an 500 feet away from the UAS. Compared to flight operations with rotorcraft weighing far more than the maximum weights proposed herein, and given the lack of flammable fuel with the UAS, any risk associated with these operations is far less than those that presently exist with conventi onal aircraft.

An eq ui valent level of safety will be achieved given the size, weight, and speed of the UAS, as well the controlled location where the operations will occur. In order to avoid any risk

9 Relief from § 91.119(a) will not be necessary because Petitioner will be able to perform an emergency landing without undue hazard to persons or property on the ground in the event of a failure. Petitioner's proposed UAS operations will not occur over congested areas, and therefore an exemption from § 91.119(b) will not be necessary. See e.g ., Grant of Exemption No. 11157 to Slugwear, Inc., dba Likeonatree Aerial at p g. 15 (Docket No. FAA

- 2014

- 0534).U.S. Departmen t of Transportation

J uly 23 , 2015 Page 14

to manned aircraft, flight operations will be restric ted to below 400 feet AGL

. As set forth in the operating documents , the UAS will be operated in a controlled environment, and all flights will

occur at a lateral dis tance of at least 500 feet from nonparticipating persons, unless that person is in a posit ion where he or she is shielded from the UAS and any possible debris resulting from

UAS failure. Procedures will be in place to ensure f light operations can be safely terminated if a nonparticipating person within 500 feet of the UAS leaves a shielded pos ition. Further, UAS operations will occur at least 500 feet away from vehicles or structures unless 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 operat ions near the PIC or Observer will not present an undue hazard per § 91.119(a). Adherence to these restrictions in ISU 's operating documents will

ensure the proposed operations can be conducted without compromising safety to persons or property on the gro und.

I. 91.121: Altimeter Settings

To the extent necessary for ISU to conduct the proposed operations, Petitioner requests an exemption from 14 C.F.R. § 91.121, which req ui res a person operating an aircraft to maintain

cr ui sing altitude or flight level by reference to an altimeter that is set to the elevation of the departure airport or barometric pressure.

The FAA has stated that an eq ui valent level of safety to the req ui rements of 14 C.F.R. § 91.121 can be achieved in circumstances where: (1) the UAS will be operated 400 feet AGL or below, (2) within VLOS, (3) where GPS based altitude information is relayed in real time to the operator at a ground

- based on

- screen display and, (4) where prior to each flight, a zero altitude initiation point is establis hed for the PIC to confirm accuracy of the onboard GPS. 10

The UAS that Petitioner intends to use for performing the proposed operations meet all these operational characteristics. Moreover, the operating documents req ui re the PIC to calibrate the aircraft's GPS compass prior to each flight operation. As the FAA has determined in circumstances similar to this Petition for Exemption, Petitioner's UAS and the safety mitigation procedures contained in the operating documents, ensure that an eq ui valent level of safety will be achieved, and a grant of exemption to the req ui rements of § 191.121 is therefore appropriate.

J. 91.151(a): Fuel Requirements for Flight in VFR Conditions

ISU requests an exemption from 14 C.F.R. § 91.151(a )'s fuel req ui rements for flight in

VFR conditions. Section 91.151 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 int ended landing and, assuming normal cr ui sing speed

–

10 See Grant of Exemption No. 11062 to Astraeus Aerial (FAA

- 2014

- 0352 at 21).U.S. Departmen t of Transportation

J uly 23 , 2015 Page 15

(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.

Here, the technological limitations on UAS battery power means that no meaningful flight operations can be conducted while still maintaining a 30

- minute battery reserve. An exemption from the fuel req ui rements of 14 C.F.R. § 91.151(a) is therefore req ui re d

.

The FAA has previously granted relief from the fuel requirements of § 91.151(a) for flight in daytime VFR conditions in circumstances similar to those presented in this Petition for Exemption

. 11 In Exemption No. 11213 to Aeryon Labs, Inc. 12 , the FAA determined that a requirement prohibiting the PIC from beginning a UAS flight unless (considering wind and

forec ast weather conditions) there was enough available power for UAS to operate for the intended operational time and to operate after that for at l east five minutes or with the reserve power recommended by the manufacturer if greater

, would ensure an equivalent level of safety

to the fuel requirements of § 91.151(a)

. 13 Petitioner's operating documents impose this same requirement and an exemption fro m § 91.151(a)'s fuel req ui rements for flight in VFR conditions

is therefore appropriate

.

VI. D RUG AND A LCOHOL P ROGRAM

ISU will have policies in place to ensure that no person may participate in UAS flight operations if they are under the influence of alcohol or any drug.

VII. P UBLIC I NTEREST

The public interest will be served by granting ISU’s Petition for Exemption. Congress

has established a national policy that favors early integration of UAS into uncontrolled airspace,

safe working environments such as those proposed in this Petition. Granting this Petition for Exemption helps fulfill Congress' goal in passing Section 333(a) through (c) of the Reform Act, namely; the FAA Administrator's assessment of whether certain UAS may operate safely in

uncontrolled airspace before completion of the rulemaking required under Section 332 of the

Reform Act.

Beyond increased levels of safety, t he proposed UAS operations in this Petition for Exemption will also benefit students, researchers, Extension specialists

, and the agriculture and

aviation industries as a whole by pioneering UAS academic, research and Extension programs that focus on the safe integration of UAS into the NAS

. This Petition for Exemption also offers

11 See e.g., Exemption Nos. 8811, 10808, and 10673

.

12 Docket No. FAA

- 2014

- 0642.

13 Exemption No. 11213 at pg. 12.U.S. Departmen t of Transportation

J uly 23 , 2015 Page 16

the FAA an opportunity to collaborate with an academic institution that has 150 years of experience and a worldwide reputation for excellence throughout all facets of its research, Extension/outreach, and educational missions

. The public as a whole will benefit from a collaborative relationship between the FAA and ISU that focuses on the safe promotion of best practices for training and qualification needs specific to the UAS industry

, and development and deployment of appropriate UAS technology in the agricultural and aerospace industry.

VIII. P RIVACY

All ISU UAS operations shall be conducted in accordance with applicable federal, state, or local laws regarding privacy. ISU will not conduct flight operations over property that it does not

own or control without the prior consent and knowledge of the property owner. Moreover, ISU will conduct UAS in a manner designed to minimize the likelihood of capturing aerial data from neighboring properties. A human operator will review all aerial data , and a ny inadvertently captured aerial data from adjacent pro perties will not be used and shall be deleted.

IX. F EDERAL R EGISTER S UMMARY

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the

F EDERAL R EGISTER , should it be determined that publication is needed:

Petitioner seeks an exemption from the following rules in Title 14 of the Code of Federal Regulations:

45.23(b); 45.27(a); 61.23(a) and (c); 61.113; 61.101(e)(4) and (5); 61.315; 91.7(a); 91.9(b)(2); 91.9(c); 91.10 3; 91.109(a); 91.119 (b) ; 91.121; 91.151(a); 91.203 (a) & (b); 91.405(a); 91.407(a)(1); 91.409(a)(1) & (2); 91.417 (a) & (b).

The exemption will enhance safety by reducing risk to the general public and property owners from the substantial hazards associated with using conventional fixed

- wing aircraft or
, rot orcraft for aerial data collection in support of university education, extension, training and research programs.

X. C ONCLUSION

The proposed operations in this Petition for Exemption satisfy the criteria articulated in

Section 333 of the Reform Act and the FAA has issued grants of exemption in circumstances similar in all respects to those presented by ISU in this Petition for Exemption. In consideration of the foregoing, ISU respectfully submits that this Petition for Exemption qualifies for exped ited approval via the FAA's summary grant process.

We thank you for your prompt consideration of our requested exemptions. Should you have any questions, or if you need additional information to support the requested exemptions, please do not hesit ate to contact us.U.S. Departmen t of Transportation

J uly 23 , 2015 Page 17

Very truly yours,

Mark E. McKinnon

Matthew J. Clark

I owa State University of Science

And Technology

AttachmentU.S. Departmen t of Transportation

J uly 23 , 2015 Page 18

Attachment :

 The University UAS Operations Manual