### U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590 July 6 , 2015



## Virginia Computer Institute, Inc.

Section 333 Petition to Operate Small Unmanned Aerial Systems

Prepared by:

Ordaz Jeter

, Owner/Petitioner

Virginia Computer Institute, Inc.

861 Concord Rd.

Chatham , VA 245 3 1

703.408.4451

o.jeter @ hotmail.comPetitioner Summary:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012, Pub. L. No. 112

- 95 (2012), 126 Stat. 11 ("Section 333") and the Federal Aviation Administration's ("FAA") general exemption authority under 49 U.S.C. section 44701 (f), Virginia Computer Institute, Inc. ("Petitioner") hereby petitions for exemptions from 14 C. F.R Part 21, Subpart H (Airworthiness Certificates), 14 C.F.R. Part 27 (Airworthiness Standards: Normal Category Rotorcraft), 14 C.F.R sections 61.113(a)

- (b), 91.103(b)(1), 91.119(c), 91.121, 91.151, 91.405(a), 91.407(a)(1), 91.409(a)(2}, and 91.417(a)

- (b)

.

The proposed exemption, if granted, would allow Petitioner to conduct commercial operations of small unmanned aircraft systems ("UAS") meeting or exceeding all of the operational and safety requirements Congress has set forth in Section 333.

Petition er is an Educational / T echnology Innovation company that plans to exploit the capabilities of Unmanned Aerial Systems to offer a multitude of services, including:

 Educational and research operations

 UAS Training

 Farming and Agriculture

 Real Estate

 Aerial photography and filmmaking

 Aerial i nspection of towers and structures

 Aerial i nspection of energy infrastructure

 Safety inspections and aerial surveying

 Construction site inspections and monitoring

 Marine environment monitoring

 Wildlife and f orestry monitoring

 Pipeline inspection and patrolling

 D isaster response

, search and rescue

 EMS Fire emergency support

 Transportation infrastructure inspection and monitoring

Statutory Authority :

Section 333, titled "Special Rules for Certain Unmanned Aircraft Systems", provides a mechanism for seeking expedited FAA authorization of safe civil UAS operations in the NAS. Section 333(a) states that the

FAA "shall determine if certain unmanned aircraf t systems may operate safely in the national airspace system before completion of the (comprehensive) plan and rulemaking required by section 332(b}(1) of this Act or the guidance required by section 334 of this Act." In Section 332(b}(1), Congress made it clear that Section 333 provides a mechanism for "expedited operation authorization" if several factors are met. Petitioner meets all requirements to permit FAA approval of commercial UAS operations.The Petitioner Requests Relief from the Following:

S ection 61.113 (a) and (b) prescribes that

–

(a) no person who holds a private pilot certificate may act as a pilot in command of an aircraft that is carrying passengers or property for compensation or hire; nor may that person, for compensation or hire, act as pilot

in command of an aircraft.

(b) a private pilot may, for compensation or hire, act as pilot in command of an aircraft in connection with any business or employment if: (1) The flight is only incidental to that business or employment; and

(2) The aircraft does not carry passengers or p roperty for compensation or hire.

Section 91.103 prescribes, in pertinent part, that each pilot in command shall, before beginning a flight, become familiar with all available information concerning that flight, to include

-

(a) For a flight under IFR or a flight not in the vicinity of an airport, weather reports and forecasts, fuel requirements, alternatives available if the planned flight cannot be completed, and any known traffic delays of which the pilot in command has been advised by ATC;

(b) For any flight, runway lengths at airports of intended use, and the following takeoff and landing distance

information:

(1) For civil aircraft for which an approved Airplane or Rotorcraft Flight Manual containing takeoff and landing distance data is require d, the takeoff and landing distance data contained therein;

(2) For civil aircraft other than those specified in paragraph (b)(1) of this section, other reliable information appropriate to the aircraft, relating to aircraft performance under expected val ues of airport elevation and runway slope, aircraft gross weight, and wind and temperature.

Section 91.119 prescribes that, except when necessary for takeoff or landing, no person may operate an aircraft below the following altitudes:

(a) Anywhere. An altitude allowing, if a power unit fails, an emergency landing without undue hazard to persons or property on the surface.

(b) Over congested areas. Over any congested area of a city, town, or settlement, or over any open air assembly of persons, an alti tude of 1,000 feet above the highest obstacle within a horizontal radius of 2,000

feet of the aircraft.

(c) Over other than congested areas. An altitude of 500 feet above the surface, except over open water or sparsely populated areas. In those cases, th e aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or structure.

(d) Helicopters, powered parachutes, and weight

- shift

- control aircraft. If the operation is conducted without hazard to persons or property on the surface

-

(1) A helicopter may be operated at less than the minimums prescribed in paragraph (b) or (c) of this section, provided each person operating the helicopter complies with any routes or altitudes specifically prescribed for helicopters by the FAA; and

(2) A powered parachute or weight

- shift

- control aircraft may be operated at less than the minimums prescribed in paragraph (c) of this section.

Section 91.121 requires, in pertinent 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."Section 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 t he day, to fly after that for at least 30 minutes; or (2) At night, to fly after that for at least 45 minutes. [emphasis added]

Section 91.405(a) requires, in pertinent part, that an aircraft operator or owner shall have that aircraft inspected as prescr ibed 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.

(vi) Copies of the forms prescribed by§ 43.9(d) of t his 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.

Unmanned Aircraft Syste m

The petitioner states that the unmanned aircraft (UA) to be operated under this request is less than 55 lbs. fully loaded, flies at a speed of no more than 50 knots, carries neither a pilot nor passenger, carries no explosive materials or flammable liq uid fuels, and operates exclusively within a secured area

. The UAS

devices are the DJI Phantom, Yuneec Q500 Quadcopter and the 3D Robotics 3 DR Solo Quadcopter. The quadcopters have 4 motors, GPS, full autonomous autopilot capabilities, telemetry and manual ground

control. In addition, they have integrated safety features built into the design of the UAS to ensure the safety of persons and property within and surrounding the limited operating area. The petitioner further describes that, in the event the UAS loses communications or its GPS signal, the UA S will have the capability to return to a pre

- determined location within the Security Perimeter and land. It will also have the capability to abort a flight in the event of unpredicted obstacles or emergencies

.

The petitioner only utilizes safe and reliable UASs. DJI, Yuneec and 3D Robotics are industry leaders in small UAS production. Their UASs are loaded with ground breaking software enabling the user to set parameters which will not allow flight into controlled airspace. Parameters can also be set to limit flight to no higher than a predetermined and set altitude as well as limit flight to a predetermined and set distance. The

UASs software provides real

- time altitude , speed and location information

.

The UASs will be registered in accordance with 49 U.S.C. 44103, Registration of Aircraft, as well as 14 C.F.R Part 47, Aircraft Registration , and marked in accordance with 14 C.F.R. Part 45, Identification and Registration Marking. Petitioner's UAS will be identified by serial number, registered in accordance with 14 C.F.R. Part 47, and have identification (N

- Number) markings in accordance wit h 14 C.F.R. Part 45, Subpart C. Markings will be as large as practicable.Pre

- flight Inspection, Maintenance

Before each flight the PIC will perform a series of pre

- flight and takeoff checks. After each 60 minutes of airtime, the craft will undergo a thorough inspection of all aircraft components, including, but not limited to:

a. Actuators I Servos
b. Motors, wiring and connectors c. Propellers, smooth, no chips d. Electronic speed controller, wiring and connectors e. Batteries, wiring and connectors

f

. Remote command and control

g . Ground control station

UAS Operating Parameters

The petitioner states that all flights will be operated within visual line of sight (VLOS) of pilot, in daytime VFR flight conditions and all operations will be conducted with the assistance of a second spotter/observer. The UAS flights will be limited to a maximum altitude of 400 feet AGL. Altitude is accurately measured by GPS. The petitioner further states that an operator will ensure that only consenting production personnel will be allowed within 100 feet of the UA operation, and UAS will be kept at least 100 ' from any inha bited structure. Generally the petitioner's UAS will be operated in rural or suburban areas that will permit significantly larger safety zones.

Flight Standards District Offices (FSDOs) will be notified as required prior to operations to describe

intende d coordination for proposed operation(s). Petitioner will obtain an Air Traffic Organization ("ATO") issued Certificate of Waiver or Authorization ("COA") prior to conducting any operations under this grant of exemption. In fulfilling its requirements unde r the COA, Petitioner will be required to request a NOTAM not more than 72 hours in advance, but not less than 48 hours prior to the operation

Petitioner's UAS will remain clear and yield the right of way to all manned operations and activities at all

ti mes (including, but not limited to, ultralight vehicles, parachute activities, parasailing activities, and hangliders). Petitioner will not conduct UAS operations within 5 nautical miles of the geographic center of a

non

- towered airport unless a letter of agreement with that airport's management is obtained and the operation is conducted in accordance with a Notice to Airmen ("NOTAM").

Minimum crew for each operation will consist of the UAS PIC and a Visual Observer/Camera Operator when appropriate. All re quired permissions and permits will be obtained in advance from territorial, state, county or city jurisdictions, including local law enforcement, fire or other appropriate governmental agencies. In the ev ent of an accident involving a Virginia Computer Ins titute, Inc

. UAS, petitioner will cease operations and report the accident to the NTSB and AFS

- 80.

Pilot in Command (PIC)

Regarding Petitioner's requested relief from 14 C.F.R. § 91.103(b)( 1), Petitioner will comply with the other applicable procedures and requirements stated in§ 91.1 03(a) and (b). Specifically, the PIC will take all actions including reviewing weather, flight battery requirements, aircraft performance data, and landing and takeoff distances before initiation of a flight. The PIC will also account for all relevant site

- specific conditions in their preflight procedures. Risks presented by sun glare will be mitigated by the PIC's and VO's ability to

see other air traffic and i nitiate a return

- to

- home sequence if needed.

Radio Frequencies

Radio frequencies used will be those allotted by the FCC for data transmission and vehicle control in unlicensed frequency bands. All devices used will comply with FCC usage and emissions r egulations.