212 Albertson Hall

– 600 Park Street

– Hays, KS 67601

785.628.4196 www.fhsu.edu/agriculture agdept@fhsu.edu FAX 785.628.4183 AGRICULTURE

July 9, 2015

U.S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE Washington, DC 20590

Dear Sir or Madam:

Please find Fort Hays State University’s (FHSU) request for exemption from the listed Federal Aviation Regulations to allow operation of small Unmanned Aerial Systems (UAS) for the purposes of training, instruction, and research. This exemption request is exclusively for seven UAS platforms which are: 3DR
Iris+ (quadcopter), 3DR 8

- M (octocopter)

, DJI Phantom 3 (quadcopter), AgEagle (fixed wing), 3DR Aero

M (fixed wing), RiteWing Zephyr 2 (fixed wing), and RiteWing Spade series (fixed wing). Each is describe d in greater detail in section II of the following document

.

The regulations from which the exemption is requested are as follows:

 14 CFR Part 21 Subpart H

 14 CFR 91.7(a)

 14 CFR 91.119(c)

 14 CFR 91.121

 14 CFR 91.151(a)

 14 CFR 91.405(a)

 14 CFR 91.407(a)(1) & (a)(2)

 14 CFR 91.417(a) & (b)

Also attached to this letter are the Safety Guidelines and/or Operations Manuals for the 3DR Iris+

, 3DR

8

- M, and DJI Phantom

.

Thank you for your time and consideration and please let me know if you have any questions or need
more information.

Sincerely,

Craig M. Smith, PhD Department of Agriculture Fort Hays State University

785

- 628

- 4368 cmsmith11@fhsu.edu

218A Albertson Hall
600 Park Street Hays, KS 676011



### I. Description of Petitioner

Fort Hays State University (FHSU) is a forward

- thinking, entrepreneurial university located in the western regio n of Kansas. With an enrollment of more than 13,000 students, FHSU attracts goal

- oriented students who want premier learning opportunities both inside and outside the
classroom.

FHSU maintains a 3,825 acre University Farm Instructional Facility that supp orts the academic component of the Department of Agriculture. Its utilization includes experiential classroom and independent learning projects, teaching demonstrations, and research trials that involve both field crops and livestock. The facility includes approximately 1,800 acres of tillable crop land onto which current agronomic precision agriculture technologies can be applied. Approximately 2,000 acres of native and improved grassland is available to demonstrate the use of precision agriculture applica tions involving natural resource conservation and improvements that may, or may not, involve grazing livestock.

FHSU has always taken the position of aggressively pursuing the utilization of advanced technology in support of their academic programs. Insti tutional initiatives, which were introduced in the early 1980’s, prioritized faculty and student access to computers and technological applications that could be used to enhance the undergraduate educational experience. Driving these initiatives at FHSU wa s a mission statement commitment to “... providing instruction within a computerized environment in the arts and sciences, business, education, the health and life sciences, and agriculture.” This mission statement also emphasized the institution’s statewide strategic focus of integrating “computer and telecommunications technology with the educational environment and the workplace.” Having the ability to utilize frontier technologies, such as small Unmanned Aerial Systems (UAS) , in the agricultural and biolo gical sciences is crucial to fulfilling their current mission of having graduates who are “Forward thinking and World

- Ready.”



### II. Description of Proposed Operation s

Technology adoption in the agricultural industry has increased substantially over the past
de cade. The increased use and efficiency of computing and other technological devices gives a farmer with thousands of acres of land the ability to manage fields with the precision of a backyard gardener. A rapidly emerging technology that will markedly incr ease the capability of current precision agricultural technologies is the availability of near real

- time, high resolution,

geo

- referenced, vegetation maps provided by UAS.

FHSU intends to utilize UAS in Agricultural, Biological , and Natural Resource courses and research activities. All UAS training, instruction, and research activities will occur under tightly
controlled conditions on property owned by FHSU or areas where permission has been granted. The primary focus will be on providing students wit h experiential learning opportunities involving the hands

- on use of UAS and associated analytical tools along with “real world”2

experiences analyzing and applying data in management decision

- making. Specific activities will include UAS setup, remote image capture, mapping, and data analysis, which will facilitate precision in variable

- rate fertilizer and/or herbicide application as well as assessing rangeland

pasture quality under variable grazing scenarios. Skills in these areas are in high demand in the

w orkforce and all relevant indicators suggest that the integration of remote

- sensing data via UAV technology more than complement precision agriculture capabilities.

FHSU intends to use seven UAS platforms for training, teaching, and research purposes. The

seven UAS platforms FHSU seeks an exemption for are: 3DR Iris+ (quadcopter), 3DR 8

- M (octocopter), DJI Phantom 3 (quadcopter), AgEagle (fixed wing), 3DR Aero

- M (fixed wing), RiteWing Zephyr 2 (fixed wing), and RiteWing Spade series (fixed wing) . Each is d escribed in greater detail below.

3DR Iris+
The 3DR Iris+ is a vertical takeoff and landing UAS with a ground control station utilizing electronic tablet or smart phone systems. The 3DR Iris+ has a maximum speed of 2 3 mph (with no wind). It operates usin g GPS and/or GLONASS satellite positioning systems. The 3DR Iris+ has a maximum gross weight of approximately 3

. 3 lbs while having a diagonal size (including propellers) of approximately 25 inches. This aircraft is a quadcopter equipped with four main

roto rs driven by a 1 4

. 8 V lithium polymer battery. The advertised maximum flight time is approximately 2 3 minutes

. It should be noted that the FAA Director granted exemption 11 741
for this UAS

. We have attached a copy of the Operations Manual and Flight Checklist. Safety guidelines for this UAS are available on line at http://3drobotics.com/kb/safety/

.

3DR 8

- M
The 3DR 8

- M is a vertical takeoff and landing UAS with a ground control station utilizing electronic tablet or smart phone systems. The 3DR 8

- M has a maximum speed of 33 mph (with no wind). It operates using GPS and/or GLONASS satellite positioning systems . The 3DR Solo has a maximum gross weight of approximately 5.6 lbs while having a diagonal size (including propellers) of approximately 26 inches. This aircraft is a quadcopter equipped with four main rotors driven by a 14.8V lithium polymer battery. The a dvertised maximum flight time is approximately 15 minutes

. It should be noted that the FAA Director granted exemption 11855
for this UAS. We have attached a copy of the Operations Manual and Flight Checklist. Safety guidelines for this UAS are available on line at http://3drobotics.com/kb/safety/

.

DJI Phantom 3 The DJI Phantom 3 is a vertical takeoff and landing UAS with a ground control station utilizing electronic tablet or smart phone systems. The DJI Pha ntom 3 has a maximum speed of 36 mph (with no wind). It operates using GPS and/or GLONASS satellite positioning systems. The DJI Phantom 3 has a maximum gross weight of approximately 2.65 lbs while having a diagonal size (including propellers) of 23.25 inc hes. This aircraft is a quadcopter equipped with four main rotors driven by a 15.2V lithium polymer battery. The advertised maximum flight time is approximately 23 minutes

. It should be noted that the FAA Director granted exemptions 11850, 11846, 11845, an d 11804 for this UAS.3

T he Operations Manual ( which we were unable to upload due to file size, but is publicly
available online at http://www.dji.com/product/phantom

- 3/download ) and Safety Guidelines
for the DJI Phantom 3 includ e the pre

- flight checklist, maintenance and upkeep procedures, flight condition requirements, and compliance with regulations and no

- fly zones.

AgEagle The AgEagle is a battery

- powered electric fixed wing aircraft with a wingspan of approximately 56 inches and a takeoff weight of approximately 7.5 pounds including payload. The AgEagle is programmed and operated primarily using cellular data network services, with the Pilot In Command (PIC) overseeing operations using a laptop, tablet computer or smartphone connected to the Internet (usually over the same cellular data network). The AgE agle also can be piloted over a 900 MHz radio using a laptop, tablet, or smartphone. Failsafe controls for emergency landings also are available via a 900 MHz industry

- standard transmitter/receiver. The flight time for the AgEagle is between 30

- 40 minutes and the flight operation speed is approximately 37 mph. It should be noted that the FAA Director granted exempt ion 11567 on May 12, 2015 for an AgEagle UAS.

3DR Aero

- M
The Aero

- M is a battery

- powered electric fixed wing aircraft with a wingspan of approxi mately 74 inches and a takeoff weight of approximately 7.9 pounds including payload. The Aero

- M is piloted over a 915 MHz or 433 MHz radio using a laptop, tablet, or smartphone. Failsafe controls for emergency landings also are available via a 915 MHz or 4 33MHz industry

- standard transmitter/receiver. The flight time for the Ae r o

- M is between 40

- 50 minutes and the flight operation speed is approximately 25 mph. It should be noted that the FAA Director granted exemptions 11805 and 11769 for this UAS

. Safety guidelines and an Operations Manual for this

UAS are available on line at http://3drobotics.com/kb/safety/

.

RiteWing Zephyr 2 The Zephyr 2 is a custom built battery

- powered electric fixed

- wing aircraft similar to but smaller than the AgEagle UAS with a wingspan of approximately 56 inches and a takeoff weight of approximately 7.5 pounds including payload. The Zephyr 2 is programmed and operated primarily using cellular data network se rvices, with the Pilot In Command (PIC) overseeing operations using a laptop, tablet computer or smartphone connected to the Internet (usually over the same cellular data network). The Zephyer 2 also can be piloted over a 900 MHz radio using a laptop, tabl et, or smartphone. Failsafe controls for emergency landings also are available via a 900 MHz industry

- standard transmitter/receiver. The flight time for the Zephyr is
between 30

- 40 minutes and the flight operation speed is approximately 3 5 mph.

RiteWing Spade series The Spade series are custom built airframes that have wingspans between 66 and 70 inches

. The takeoff weights do not exceed 1 0 lbs. total weight ( including payload )

. The airframe is extremely stable in windy conditions (15

– 4 0 mph) and well s uited for weather conditions in
the Plains states. The Spade series is programmed and operated primarily using cellular data4

network services, with the Pilot In Command (PIC) overseeing operations using a laptop, tablet computer or smartphone connected to the Internet (usually over the same cellular data network). The Spade series also can be piloted over a 900 MHz radio using a laptop, tablet, or smartphone. Failsafe controls for emergency landings also are available via a 900 MHz industry

standard transmi tter/receiver. The flight time for the Zephyr is between 60

- 70 minutes and the flight operation speed is approximately 40 mph.



### III. Relevant Statutory Authority

The Federal Aviation Act grants the FAA authority to issue exemptions. Congress has directed
the FAA “to safely accelerate the integration of civil unmanned aircraft systems into the national airspace system.” Section 333 of the Reform Act assists the FAA Administrator in determining whether UAS may operate in the National Air Space without creating a hazard to the user, the public, or threaten national security. A party requesting an exemption must explain how this would benefit the public while not adversely affecting safety.



### IV. Equivalent Level of Safety

FHSU proposes that the limitations contained in this exemption provide for at least an equivalent or even higher level of safety to operations under the current regulatory structure. FHSU proposes the following limitations when conducting its UAS operations under an FAA
issued e xemption: 1) The UAS will be less than 10 pounds. 2) Flights will be operated within Visual Line of Sight ( VLOS )

. 3) Aircraft will return to their ground station with at least 20% battery power reserve. 4) Flights will be operated at an altitude of no more than 200 f eet AGL. 5) The PIC will hold either an airline transport, commercial, private, recreational, or sport pilot certificate. The PIC also will hold a current FAA airman medical certificate or a valid
U.S. driver’s license. 6) Crew for each operation will consist of the PIC and Visual Observer who will be able to communicate verbally at all times. 7) The UAS PIC will be trained in flight, operations, and safety procedures as detailed in the flight manuals. 8) Written and/or oral permission from the relevant property holder s will be obtained.



### V. Regulations from which Exemption is Sought

FHSU requests relief from the following regulations:

14 CFR Part 21 Subpart H prescribes, in relevant part, the procedural requirements for issuing and changing design approvals, production approvals, airworthiness certificates, and5

airworthiness approvals. FHSU seeks complete exemption from Part 21 Subpart H pursuant to Section 333, which authorizes the FAA to exempt a UAS from the requirements of an
airworthiness certificate based on consi deration of the following: size, weight, speed and operational capability, proximity to airports and populated areas, and operation within VLOS.

An equal level of safety will be achieved with the operational limitations established in this
document for a ll FHSU UAS flights. Specifically that all flights will occur within VLO S of the PIC
and Visual Observer at an altitude of less than 2 00 ft. AGL, and only over designated agricultural
or natural resource plots. As a result

, the aircraft can safely operate without creating a hazard to any other aircraft, people, or structures on the ground.

Further, the UAS to be operated are less than 55 lbs. fully loaded, carries neither a pilot nor passenger, carries no explosive materials or flammable liquid fuels, and operates exclusively within a secured 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 public safety requirements to provide security for the area of operation.

14 CFR 91. 7(a) prescribes that no person may operate a civil aircraft unless it is in airworthy
condition. Further, the PIC is responsible for determining whether that aircraft is in condition for safe flight.

Given th e precedence for exemption issuances of UAS lacking airworthiness certificates, FHSU respectfully requests that the aircraft proposed here be considered in a similar context as an equivalent level of safety will be achieved through compliance with all flig ht protocols contained within each aircrafts operational instructions before, during, and after each flight.

14 CFR 91.119(c) prescribes that, except when necessary for takeoff or landing, no person may operate an aircraft below the following altitudes: “Over other than congested areas” a civil aircraft cannot operate below an “altitude of 500 feet above the surface, except over open water or sparsely populated areas (and) in those cases, the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or structure.”

The sole function of FHSU UAS aircraft are to fly at low altitudes over agricultural or natural

resource plots which can be categorized as "other than congested areas.” The aircraft used by FHSU are small UASs which are, by design, flown at altitudes of less than 400 ft AG L. FHSU will not operate above 2 00 ft AGL and will remain within VLO S of the PIC and Visual Observer. For these reasons, FHSU seeks exemption from this regulation.

Some of the exemptions where the FAA has granted relief from this r egulation include

e xemptions 4063, 11062, 11063, 11066, 11067, 11080, 11109, 11110, 11112, 11136, and

11138.6

14 CFR 91.121 requires, in relevant part, 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 b efore departure.”

FHSU seeks relief from 14 CFR 91.121 because the UAS are not equipped with an altimeter. Additionally, all UAS flights will operate in a tightly controlled area below 2 00 feet AGL over private, university, or controlled property and with the permission of the property owner.

14 CFR 91.151(a) prescribes that no person may begin a flight in an airplane under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing and, assuming normal cruising speed, (1) during the day, to fly after that for at least 30 minutes; or (2) at night, to fly after that for at least 45 minutes.

All of the aircraft proposed here are battery operated and do not carry fuel. M aximum f light

time for the aircraft range from 23

- 45 minutes on fully charged batter ies

. FHSU would only conduct flight during the day . FHSU is seeking relief from 14 CFR 91.151(a) because complying with the 30 minute fuel reserve would unnecessarily limit the len gth of UAS flights as, for example, the DJI Phantom 3 has an endurance limit of only 23 minutes.

Additionally, all of the aircraft used by FHSU will have enhanced safety features that will automatically descend and land when the battery level falls below a specified threshold. Along with this, all aircraft provide the operator with real

- time display of available remaining battery power for flight.

FHSU believes that an acceptable level of safety can be ac hieved by limiting flights to 20 %
available batter y power. Similar exemptions have been granted to others in similar situations, including Exemptions 2689, 5745, 10650, and 11110.

Sections 91.405 (a) , 91.407 (a)(1) , 91.409 (a)(1) & (a)(2) , and 91.417 (a) & (b) discuss required aircraft maintenance, operation after maintenance, preventative maintenance, rebuilding, or alteration, inspections, and maintenance records. These particular regulations are summarized more fully in Appendix A. In FHSU’s aircraft flight manuals, maintenance and inspection procedures have been established for each aircraft. FHSU believes these regulations are meant for manned operated aircraft (or those with an airworthines s certificate) and not UAS, therefore making them unnecessary. Since these sections only a pply to aircraft with an

airw orthiness certificate, FHSU requests relief from these s ections because the proposed UAS
do not require an airworthiness certificate. The proposed UAS meets the conditions of Section 333 for operation without an a ir worthiness certificate. Accordingly, FHSU will use its faculty and supervised students to perform maintenance, alterations, or preventive maintenance on the

UAS using the methods , techniques, and practices prescribed in the manufacturer's
maintenance manual

. Furthermore, FHSU will document and maintain all maintenance records
for their UAS.7



### VI. Public Interest

Granting FHSU’s request for a waiver will further the public interest by allowing FHSU to safely, efficiently, and economically perform UAS educational research and training in western Kansas. Granting this Petition for Exemption helps fulfill Congress’ goal in passing Section 333.

The proposed UAS operations in this Petition for Exemption will benefit students, agricultural producers and related businesses, and the wise use and management of our natural resources. The following briefly describes the benefits to specific sectors.

1) FHSU Students

- Students will benefit by gainin g a more complete unde rstanding and integration of these emerging technologies to farm/ranch operations and commercial agricultural businesses (e.g., crop consulting companies)

. We are confident that these applied technologies are necessary components that agricultur al and natural resource graduates will need to be competitive in the marketplace and successful in their professional endeavors

. Demand is high and the job outlook is very strong for individuals skilled in the understanding and use of precision agricultural technologies.

2) Agricultural Producers and Related Businesses

- The economic impact of UAS in agriculture alone is estimated to be $75.6 billion (from 2015 to 2025) and generated nearly 100,000 new jobs for the industry. More efficient use of inputs often can be translated into higher yields, lower costs, and/or greater environmental benefits

. The availability of near real

- time, high resolution, geo

- referenced, vegetation maps provided by UAS and used with precision agricultural equipment will help producers realize these
benefits

. Great Plains’ farmers and ranchers will stand to benefit through potential outreach activities such as open houses, field days, technic al workshops, and seminars.

3) Natural Resources

- The aircraft described in this p etition are battery

- powered and create no emissions. Using UAS to evaluate natural resource landscapes allows for a potentially more accurate and current analysis of wildlife habitat, stream corridor health, and rangeland quality.



### VII. Privacy

All FHSU UAS op erations shall be conducted in accordance with applicable federal, state, or local laws regarding privacy. FHSU will only conduct flight operations and/or capture images over property it owns or has obtained permission (written or verbal) from the property owner

.



### VIII. Conclusion8

Given the clear direction in Section 333 for the FAA, the equivalent level of safety achieved, potential benefits for students, the agricultural industry, and natural resource environments, FHSU respectfully requests that the FAA gran t the requested exemption.9



### IX. Appendix A

14 CFR 91.405(a) requires, in relevant part, that an aircraft operator or owner shall have the aircraft inspected as prescribed in subpart E of the same part and shall, between required inspections, except as provid ed in paragraph (c) of the same section, have discrepancies repaired as prescribed in Part 43 of the chapter.

14 CFR 91.407(a)(1) prohibits, in relevant part, any person from operating an aircraft that has undergone maintenance, preventative maintenance, rebuilding, or alteration unless it has been approved for return to service by a person authorized under § 43.7 of the same chapter.

14 CFR 91.409(a)(2) prescribes, in relevant part, that no person may operate an aircraft unless, within the preceding 12 c alendar months, it has had an inspection for the issuance of an airworthiness certificate in accordance with part 21 of this chapter.

14 CFR 91.417(a) and (b) prescribes, in relevant part, that



### a. Each registered owner or operator shall keep the following records for the periods specified in paragraph (b) of this section: (1) Records of the maintenance, preventative maintenance, and alteration and
records of the 100

- hour, annual, progressive, and o ther required or approved inspections, as appropriate, for each aircraft (including the airframe) and each engine, propeller, rotor, and appliance of an aircraft. The records must include

- (i) A description (or reference to data acceptable to the Administ rator) of the work performed; and (ii) The date of completion of the work performed; and (iii) The signature, and certificate number of the person approving the
aircraft for return to service. (2) Records containing the following information: (i) The to tal time in service of the airframe, each engine, each propeller,
and each rotor. (ii) The current status of life

- limited parts of each airframe, engine, propeller, rotor, and appliance. (iii) The time since last overhaul of all items installed on the air craft which are required to be overhauled on a specified time basis. (iv) The current inspection status of the aircraft, including the time since the last inspection required by the inspection program under which the aircraft and its appliances are mainta ined. (v) The current status of applicable airworthiness directives (AD) and safety directives including, for each, the method of compliance, the AD or safety directive number and revisions date. If the AD or safety directive involves recurring action, th e time and date when the next action is required.10 (vi) Copies of the forms prescribed by § 43.9(d) of this chapter for each major alteration to the airframe and currently installed engines, rotors, propellers, and appliances.


### b. The owner or operator shall r etain the following records for the periods prescribed:

(1) The records specified in paragraph (a)(1) of this section shall be retained until the work is repeated or superseded by other work or for 1 year after the work is performed. (2) The records speci fied in paragraph (a)(2) of this section shall be retained and
transferred with the aircraft at the time the aircraft is sold. (3) A list of defects furnished to a registered owner or operator under § 43.11 of this chapter shall be retained until the defe cts are repaired and the aircraft is approved for return to service.