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 AeroM (fixed wing), RiteWing Zephyr 2 (fixed wing), and RiteWing Spade series (fixed wing). Each is described 

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 67601
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I. Description of Petitioner

Fort Hays State University (FHSU) is a forward-thinking, entrepreneurial university located in 

the western region 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 supports 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 applications 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. Institutional 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 was 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 biological sciences is crucial to fulfilling their current mission of having 

graduates who are “Forward thinking and World-Ready.”

II. Description of Proposed Operations

Technology adoption in the agricultural industry has increased substantially over the past 

decade. 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 increase 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 with experiential learning opportunities 

involving the hands-on use of UAS and associated analytical tools along with “real world” 
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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 rangelandpasture quality under variable grazing scenarios. Skills in these areas are in high demand in the 

workforce 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 described 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 23 mph (with 

no wind). It operates using 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 

rotors driven by a 14.8V lithium polymer battery. The advertised maximum flight time is 

approximately 23 minutes. It should be noted that the FAA Director granted exemption 11741

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 advertised 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 Phantom 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 inches. 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, and 11804 for this UAS.
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The 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 include 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 AgEagle 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 exemption 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 approximately 

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 433MHz industry-standard 

transmitter/receiver. The flight time for the Aero-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 online 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 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 Zephyer 2 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 Zephyr is 

between 30-40 minutes and the flight operation speed is approximately 35 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 10 lbs. total weight (including payload). The airframe is 

extremely stable in windy conditions (15 – 40 mph) and well suited for weather conditions in 

the Plains states. The Spade series is programmed and operated primarily using cellular data 
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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 industrystandard transmitter/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 exemption:

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 feet 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 holders 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, and 
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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 consideration 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 all FHSU UAS flights. Specifically that all flights will occur within VLOS of the PIC 

and Visual Observer at an altitude of less than 200 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 the 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 flight 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 AGL. FHSU will 

not operate above 200 ft AGL and will remain within VLOS 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 regulation include 

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

11138.
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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 before 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 200 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. Maximum flight 

time for the aircraft range from 23-45 minutes on fully charged batteries. 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 length 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 achieved by limiting flights to 20% 

available battery 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 airworthiness certificate) and not UAS, 

therefore making them unnecessary. Since these sections only apply to aircraft with an 

airworthiness certificate, FHSU requests relief from these sections because the proposed UAS 

do not require an airworthiness certificate. The proposed UAS meets the conditions of Section 

333 for operation without an airworthiness 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.
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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 gaining a more complete understanding 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 agricultural 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, technical workshops, and seminars. 

3) Natural Resources - The aircraft described in this petition 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 operations 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. Conclusion
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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 grant the requested exemption.
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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 provided 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 calendar 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 other required or approved 

inspections, as appropriate, for each aircraft (including the airframe) and each 

engine, propeller, rotor, and appliance of an aircraft. The records must include-

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

the work performed; and 

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

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

aircraft for return to service.

(2) Records containing the following information: 

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

and each rotor. 

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

propeller, rotor, and appliance.

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

are required to be overhauled on a specified time basis. 

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

the last inspection required by the inspection program under which the 

aircraft and its appliances are maintained. 

(v) The current status of applicable airworthiness directives (AD) and 

safety directives including, for each, the method of compliance, the AD or 

safety directive number and revisions date. If the AD or safety directive 

involves recurring action, the time and date when the next action is 

required. 
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(vi) Copies of the forms prescribed by § 43.9(d) of this chapter for each 

major alteration to the airframe and currently installed engines, rotors, 

propellers, and appliances.

b. The owner or operator shall retain the following records for the periods prescribed:

(1) The records specified in paragraph (a)(1) of this section shall be retained until 

the work is repeated or superseded by other work or for 1 year after the work is 

performed. 

(2) The records specified in paragraph (a)(2) of this section shall be retained and 

transferred with the aircraft at the time the aircraft is sold. 

(3) A list of defects furnished to a registered owner or operator under § 43.11 of 

this chapter shall be retained until the defects are repaired and the aircraft is 

approved for return to service.