UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINSTRATION WASHINGTON, D.C.

IN THE MATTER OF THE PETITION FOR EXAMPEI ON OF:

THE UNIVERSITY OF NO RTH DAKOTA

JOHN D. ODEGARD SCHO OL OF AEROSPACE SCIE NCES

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF

TITLE 14 OF THE CODE OF FEDERAL REGULATIO NS SECTIONS 61.113(A) & (B) , 91.7(A), 91.109 (A)

, 91.119 (C), 91.121, 91.151

, 91.203(A) AND (B),

91. 405(A), 91.407(A)(1)

, 91.409(A)(1) & (A)(2 ), AND 91.417(A) & ( B) CONCERNING

C OMMERCIAL OPERATION OF XXX UNM ANNED AIRCRAFT SYSTEM

PURSUANT TO SECTION 333 OF

THE FAA MODERNIZATIO N AND REFORM ACT OF 2012(PUBLIC LAW 112

- 95)

Submitted on 31

- Aug

- 20152 INTRODUCTION AND INT ERESTS OF THE PETITI ONER

The University of North Dakota’s John D. Odegard School of Aerospace Sciences (JDOSAS) located in Grand Forks, North Dakota has a long standing tradition in aviation of over 40 years . We are a world

renowned center for aerospace learnin g, nationally acclaimed for our achievements in collegiate aviation education, atmospheric research, space studies, and computer science applications. JDOSAS employs

over 500 faculty an d staff members, with an attendance of over 1,500 students from around the world each year. These combined assets routinely lead to over 120,000 hours of safe manned flight training annually. The aforementioned experiences in safety and efficiency have b een carried forward in the University’s UAS flight department and degree program.

Pursuant to S ection 333 of the FAA Modernization and Reform Act of 2012 (Public Law 112

- 95)

, The University of North Dakota (UND) is petitioning for an exemption seeking rel ief from the requirements

of T itle 14 of the C ode of Federal R egulations Sections 61.113(a) & (b), 91.7(a), 91.109 (a)

, 91.119 (c),
91.121, 91.151

, 91.203(a) and (b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) concerning commercial o peration of numerous types of Unmanned Aircraft System s (UAS) for a variety of applications listed below. The aircraft and applications listed in this petition have all been previously approved under numerous 333 exemption applications. UND believes an exemption is only needed from

the above

- listed regulatory provisions. To the extent that the FAA believes that additional relief is required for UND to conduct the operations described here, we request an exemption from any such regulatory provisions as we ll.

The University is equipped to, and is petitioning to offer commercial UAS operations for the following applications:

• Flight training

• Aerial filming

• Imagery

• Inspections

• Photography

• Surveying

• Videography It is the intent of the University to commercially operate the following airframes (all are below 55lbs.) :

• 3D Robotics IRIS+

• 3D Robotics X8

• 3DRobotics DIY Quad Kit

• 3D Robotics Solo

• 3D Robotics Aero

• AirRobot AR 180

• DJI Phantom 2 Vision+

• DJI Phantom 3

• DJI Inspire 1

• DJI S900

• DJI S100 0 +

• Draganflyer X4ES

• Draganflyer X6

• Sensurion Magpie MP

- 1

• Roboflight RF70

• Trimble UX53 A. Name and Address of t he Petitioner.

Name and Address: University of North Dakota John D. Odegard School of Aerospace Sciences ( Flight Operations ) 2806 Airport Drive Stop 9053 Grand Forks, ND 58202

- 9053

The point of contact for this petition: Mark Hastings University of North Dakota

UAS Chief Pilot

Phone: 701

- 777

- 3380

B. Granting and Exemption to UND will not sacrifice safety.

Granting this exemption will not adversely affect safety. UND requests conducting commercial UAS operations solely during daylight hours, at altitudes well below that which would pose a risk to other

aircraft and at speeds below 87 knots

. In general, UAS operations are intended to be conducted in areas distant from both congested areas and airports. The University of North Dakota’s John D. Odegard School of Aerospace Sciences has a mature Safety Management System (SMS) and extensive Standard Operating Procedures (SOPs) which are available to the FAA upon request. Accordingly, the risk of

interference with another aircraft is minimal. UND also plans to conduct UAS operations at least three miles from any public airports (including heliports). In the event an operation ne eds to be cond ucted closer to an airport, UND will inform the airport operator and airport air traffic control tower of the contemplated operation and will comply with any directions issued by air traffic control at that airport. All operations will be flown within visual line

- of

- sight of the observer. These visual observers will be within constant visual line of sight and in constant contact with the PIC. The visual observers will assist

the PI C in avoiding objects, to include other aircraft, near the UAS. The PIC will have, at a minimum, a private pilot certificate and a valid second

- class medical certificate. Each PIC will maintain flight currency in accordance with UND’s SOPs. Depending on the type of operation, additional ground

- based

visual o bservers and oversight personnel may be employed to ensure the highest level of safety exist

. All airframes and proposed operations have been approved under the 333 exemption process.

C. The specific s ections o f 14 C.F.R. from which the University of North Dakota seeks exemption

and the reasons relief is needed . The descriptions 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 the Univer sity of North Dakota seeks exemption are also

listed below.

1. The University of North Dakota seeks exemption from the requirements of section 61.113(a) and (b).

61.113 Private pilot privileges and limitations: Pilot in command. (a) Except as provided in pa ragraphs (b) through (h) of this section, no person who holds a private pilot certificate may act as 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 pil ot 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 property for compensation or hire.4 The JDOSAS Standard Operating Procedures (SOPs) require the PIC to hold, at a minimum, a FAA Private Pilot certificate and FAA Class II medical. The UAS listed in this application will

not carry persons or property for hire as part of the proposed flight operations listed earlier in this document. However, the flight operations will include activities not incidental to a business and the pilots will be compensated as part of their employmen t. As such, an exemption from § 61.113(a) and (b) is needed to perform the proposed activities. The risk associated with the contemplated operations is less than the risk posed by a traditional aircraft. The UAS will fly at altitudes well below the permissible limits for other civil aircraft, eliminating the risk to other aircraft, and within a geo graphical limits under the sole operational control of the University. Due to the reduced risk level resultant of the mitigation strategies and the University’s SOPs, the requirement for a commercial pilot certificate would offer no appreciable safety ben efit.

2. The University of North Dakota seeks exemption from the requirements of section 91.7(a).

91.7 Civil aircraft airworthiness. (a) No person may operate a civil aircraft unless it is in an airworthy condition.

Section 91.7 prohibits operation of an u nairworthy aircraft, and places responsibility for airworthiness determinations on the pilot in command. Airworthiness certification for the systems UND proposes to use commercially does not yet exist and there is no FAA regulatory standard for determining airworthiness of a commercially flown small UAS. Accordingly, relief from §91.7(a) is required. UND’s SOPs set forth inspection and maintenance procedures to ensure

airworthiness before each flight. As such, UND believes it can meet the requirements of § 91.7(b) and is not requesting an exemption from said provision.

3. The University of North Dakota seeks exemption from the requirements of section 91.109(a).

91.109 Flight instruction; Simulated instrument flight and certain flight tests. (a) No person may operate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has fully functioning dual controls....

Small UASs, by their design, do not have fully functional dual controls. Flight control is accomplished through the use of a control box that communicates with the aircraft via radio communications. Aircraft being considered for use by UND allow the UAS Instructor to place the aircraft into ‘loiter’ mode (fixed altitude stationary hold). In the event of the student losing control, the UAS Instructor can quickly and via alternate equipment (equipment not in the hands of the student) place the aircraft into a mode that then allows the instructor to bring the aircraft

back into control and back to t he pre

- determined and/or safe landing location.

4. The University of North Dakota seeks exemption from the requirements of section

91.1 19 (c).

§91.119 Minimum safe altitudes: General. Except when necessary for takeoff or landing, no person may operate an airc raft below the following altitudes:

*** (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, the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or structure.

*****5 Relief is required from § 91.119 (c) for fixed wing operations because asset evaluation conducted at 500 feet or higher is insufficiently distinct to be meaningful. Since operations at this altitude also pose a heighte ned risk of collision with another aircraft, safety can only be assured through the grant of an exemption. The equivalent level of safety will be achieved given the size, weight, speed of the UAS as well as the location where it is operated. The Universit y’s SOPs provide for establishment of a sterile area for personnel not associated with the operation. Additionally, the aircraft and area of operation will be under the sole operational control of UND while the UAS is in flight.

5. The University of North D akota seeks exemption from the requirements of section 91.121.

91.121 Altimeter settings. (a) Each person operating an aircraft shall maintain the cruising altitude or flight level of that aircraft, as the case may be, by reference to an altimeter that is set.

As the UAS may not have a barometric altimeter, but instead a GPS altitude read out, an exemption may be needed. Any potential risk will be mitigated by verifying the functionality of the altitude referencing equipment prior to conducting flight operations.

6. The University of North Dakota seeks exemption from the r equirements of section 91.151

. 91.151 Fuel requirements for flight in VFR conditions. (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 intended landing and, assuming normal cruising speed

– (1) During the day, to fly after that for at least 30 minutes. (2) At night, to fly after that for at least 45 minutes. ( b) No person may begin a flight in a rotorcraft 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, to fly after that for at least 20

minutes.

Operating the UAS in a pre

- defined area with less than 30 minutes of reserve fuel does not raise the type of risk contemplated by §91.151, i.e., that an aircraft could run out of fuel in the event it

has to be flown to an alternate airport or circle the planned airport in the event of unanticipated conditions. UND does not intend to use the UAS for point

- to

- point flights and will not operate the UAS beyond visual line of sight. Nor will the UAS require an airport in order to land. Ra ther, UND will operate the UAS using pre

- planned flight paths (taking into account weather conditions) designed to allow the UAS to fly to the point of intended landing. As such, there is no

need for a time

- based excess fuel requirement. Rather it should b e sufficient to require only as much additional excess flight capacity a s necessary to safely land the UAS. We believe that a 20% fuel reserve is more than sufficient to meet this objective.

7. The University of North Dakota seeks exemption from the requirem ents of section 91.203(a) and (b). 91.203 Civil Aircraft: Certifications required. (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 operate a civil aircraft unless the airworthiness certificate required by paragraph (a) of this section or a special flight authorization issued under §91.715 is displayed at the cabin or cockpit entrance so that it is legible to passen gers or crew.6 *****

The UAS the University is petitioning to operate commercially are not eligible for the airworthiness certification required to be flown as such. This is because said UAS do not meet

the current conditions for either a standard or rest ricted airworthiness certification. Section 333 of the Modernization Act authorizes the FAA to exempt aircraft from the requirement for an airworthiness certificate based on a consideration of the size, weight, speed, operational capability of the particu lar UAS, as well as its proximity to airports and populated areas. An analysis of these criteria demonstrates that the UAS operated without an airworthiness certificate in the areas and under the conditions contemplated by UND will be at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate without the conditions proposed in this request. The UAS proposed are less than 55 lbs. max takeoff weight , carries neither a pilot nor passenger, an d operates exclusively within a n operational location controlled by the University. Unlike other civil aircraft, operations under this exemption will be tightly controlled and monitored by the operator and observer. Operations

will be conducted in complia nce with the FAA and with local public safety requirements in

addition to UND SOPs

. These safety enhancements provide an expanded degree of safety to persons and property not associated with the flight operation . Lastly, application of these same

criteria demonstrates that there is no credible threat to national security posed by the UAS, due to its size, speed of operation, location of operation, lack of explosive materials and inability to carry a substantial external load s

.

8. The University of North Dakota seeks exemption from the requirements of section 91.405(a) , 91 .407(a)(1), 91.409(a) , and 91.417(a) and (b)

. 91.405 Maintenance required. Each owner or operator of an aircraft

– (a) Shall have that aircraft inspected as prescribed in subpart E of this part and shall between required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter; *****

91.407 Operation after maintenance, preventive maintenance, rebuilding, or a lteration. (a) No person may operate any aircraft that has undergone maintenance, rebuilding, or

alteration unless

– (1) It has been approved for return to service by a person authorized under §43.7 of this chapter; *****

91.409 Inspections. (a) Except as provided in paragraph (c) of this section, no person may operate an aircraft unless, within the preceding 1 2 calendar months, it has had: (1) An annual inspection in accordance with part 43 of this chapter and has been approved for return to service by a person authorized by §43.7 of this chapter; or (2) An inspection for the issuance of an airworthiness certificate in accordance with part 21 of this chapter. *****

91.417 Maintenance records. (a) Except for work performed in accordance with §§91.411 and 91.413, 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, preventive 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 each7 engine, propeller, roto r, and appliance of an aircraft. The records must include

***** (b) The owner or operator shall retain the following records for the periods prescribed

*****

UND believes th at an exemption from these maintenance requirements is appropriate because the

maintenance standards that would allow an operator to meet the part 91 maintenance requirements do not yet exist

. For example , there are no individuals auth orized by the FAA to approve a U AS for return to

service under § 91.407(a) or to conduct the initial airworthiness and annual return to s ervice inspections required by § 91.409(a). UND will maintain the aircraft as instructed in the owner’s manual (s) and in accordance with the University’s SOPs where applicable, and will not operate the aircraft until it has been reasonably determined that any needed repairs have been made. Daily preflight inspections will further enhance the safety of the proposed operation s contained in this application . Due to the technical impossibility of meeting the requirements of § 91.405(a), § 91.407(a), § 91. 409(a)

, and § 91.417 (a) and (b)

, we believe an exemption from these provisions is appropriate.

D. The reasons why granting the University of North Dakota would be in the Public Interest; that is, how it would benefit the Public as a whole.

The University of North Dakota believes this request for exemption to be in the public interest due to the enhanced safety offered by the use of UAS instead of manned aircraft in certain types of operations because of the lack of persons on boar d . Safety is further enhanced through the use of the University’s well established SMS program, SOPs, and previous experiences operating UAS in the over 50 public Certificates of Waiver or Authorizations granted to the University of North Dakota since 200 5.

Further more , granting the University the ability to provide UAS pilot and crew member training enhances the overall safety of the National Airspace System (NAS) by providing colleg iate level aviation education

for its future aviators. As a core member of the Northern Plains UAS Test Site, the University will be able to generate safety and operational data needed by the FAA to continue its NAS integration efforts. The economic impacts of the use of UAS in North Dakota have been realized for several yea rs, commercial use will further enhance the economic benefit to the state

.8 E. A summary that can be published in the Federal Register, stating: The Rules from Which the University of North Dakota Seeks Exemption:

Pursuant to 14 C.F.R. Part 11, the follow ing summary is provided for publication in the Federal Register should the FAA determine that publication is needed.

Petitioner: University of North Dakota

– John D. Odegard School of Aerospace Sciences

Sections of 14 C.F.R. Affected: 14 C.F.R. §61.113(a ) and (b) 14 C.F.R. §91.7(a) 14 C.F.R. §91.9(b) (2) 14 C.F.R. §91.109(a) 14 C.F.R. §91.119 14 C.F.R. §91.151 14 C.F.R. §91.203(a) and (b) 14 C.F.R. §91.405(a) 14 C.F.R. §91.407(a) 14 C.F.R. §91.409(a) 14 C.F.R. §91.417 (a) and (b)

A brief description of the nature of the exemption the University of North Dakota seeks:

This exemption will permit the University of North Dakota ’s John D. Odegard School of Aerospace Sciences to commercially operate an Unmanned Aircraft System (UAS) for the purpose s of flight training, aerial filming, imagery, inspections, photography, surveying, and videography. All flight operations will be conducted in accordance with Federal, State and Local laws. The nature of the requested operations require flight s to be flown no higher than 400’ above ground level , below 87
knots, and within visual line of sight during daylight hours

.

Respectfully Submitted The University of North Dakota

Mark Hastings

UND UAS Chief Pilot

701

- 777

- 3380