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May 29, 2015



### U.S. Department of Transportation Docicet Ma.nagement System 1200 New Jersey Ave., SE Washington, DC, 20590

RE: Exemption Request Under Section 333 of the FAA Modernizatioii ancl Reform 

### Act of 2012 and 14 C.F.R. Part 11 Dear Mada.m, Sir, Puisuant to Section 333 of the FAA Modernization a•nd Reforin Act of 2012 and 14 C.F.R. Pa:rt 11, Conestoga-Rovers & Associates ("CRA") seeks aai exeinption from the Federal Aviation Regulations detailed below for the Tempest UAS, controlled by the SwiftCore Flight Ma.nagement System developed by Black Swift Tecllnologies. The Tenzpest UAS has a maximttm gross talceoff weight of 15 lbs a.nd is a fixed wing a.ircraft with electric propulsion. It should b.e notecl that the Tempest with tlie SwiftCore FMS is euirently approved uncler multiple FAA Certificates of Authoiization (COA's) and is being utilizecl for (but not limited to) cooperative flight experiments witli multiple UAS, severe storm researcli, soil moisture mapping, aald multi-spectral ma.pping for agriculture. The requested exemption ivould a.11ow CRA to purstte commercial interests in acrial data collection using small unma.nnecl aircraft systems. The systems proposed will be tisecl to conduct data gathering for agricultura.l applications, a.erial in.spections, mapping, stirveying, R&D search a.ncl rescue, and pioduct eleinonstratiotis. Tlie tea.in at CR,A will operatc in accorda.nce with FAA N 8900.227 a.nd utilize both a Pilot in Command a.nd a ground-based visua.l observer. CRA 

## will also utilize emergency, lost linlc, a,nd lost communication proceciures previously approved for FAA COA's for the Tempest UAS. These aa•e ava.ilable upon request. All flights urider these exemptions will be conclucted with the following restrictions:

1. Flights will be in Class G airspa;ce at no more than 400' AGL. 2. The UAS will be operated over private propert,y only with the permission of the owiier. 3. Tlie UAS will not be operated over populated areas. 4. Tlze UAS will not be operated within 5 NM of aa.l aairport. 5. Operations will be limited t:o daytime operations under visua.l inet.eorological conditions. 6. The aiicraft will remain within visual line of sight of the observer at no inore tha•n 1/2 NM ra.iigc. 7. A NOTAlVI will be issued prior to fiiglit operations. 8. The UAS. will have a inaxirnurn GTOW of less ttha,n 55 1bS. 9. Tlie a.ircra.ft will be U.S. registered and display the N-number. 10. The PIC a.nd Observer will possess the certifications required under N 8900.227.11. No operator or observer will etngage in, nor may an operator or observer permit, any activity during a

critical phase of fliglrt which could distract airy operator or observer from the performance of his/her dttties or itnterfere in any way with the proper conduct of his/her duties. 12. The PIC will conduct a pre-flight inspection prior to eash flight so as to ensttre that the UAS and associated systetns are in a condition for safe operation. 13. The PIC and observers will maintain two-way communications with each otlier during a.11 operations; if ttnable bo maintain two-way communieations, or if aaiy condition occnrs that may otherwise canse the operation to be unsafe, the operator willimmedia.tely conclude the operation. 14. The aircraft will automatically return to a specific location if the cormmtnicatiotLs link is lost. 15. All flights will be condncted below 70mpli. The regttlations from which the exemption is requested are as follows. The Appendix contains details of the CRA operations related to sliowing an equivalent level of safety for these exempt regulations.

• 14 C.F.R. Part 21, Sttbpart H • 14 C.F.R. §91.203(a) and (b) • 14 C.F.R. §45.23(b) • 14 C.F.R. §61.23(a) • 14 C.F.R. §61.113(a) and (b) • 14 C.F.R. §61.133(a) . 14 C.F.R. §91.7(a) • 14 C.F.R. §91.9 • 14 C.F.R. §91.109(a) • 14 C. F. R. §91.119 • 14 C.F.R. §91.121 • 14 C.F.R. §91.151(a) • 14 C.F.R. Subpart E (§91.401 - §91.417)

UAS Overview Conestoga-Rovers & Associates is submittitig this request for exemption for the Tempest UAS being flown with the SwiftCore Fligltt Mastagement System. The SwiftCore is cotnprised of'the SwiftPilot autopilot, SwiftStation grottnd control statiotn, and the SwiftTab user interface. The SwifkCore has been approved for use witlr the Tempest UAS by the University of Colorado for operations in fundaanental UAS research, atmospheric science missions, and soil moisture mapping with mnitiple FAA COA's. Ftuthermore, the University of Nebraska is ttsing the Tempest and SwiftCore FMS nnder an FAA COA to perform acrodynamic researclt applied towards agricttltttre. The Tempest with the SwiftCore FNIS has also sttccessfnlly been reviewed by NASA Ames through a Flight Safety and Flight Readiness Review Board. CRA is proposing using the Tempest UAS to purstte further commercial applications. The Tempest is fixed wing aircraft witlt electric propulsion. Figure 1 below contains an image of the Tetnpest UAS. The Tetnpest has a 10' wing span, a ma.ximttm CTOW of 15 Ibs and utilizes composite cotistruction ttsing both fiberglass and carbon fiber. The SwiftCore FMS allows for botli manual flight throngh a.n RC transmitter and fully autonomous waypoin6 following tusing ittdependent systems. The emergency and lost link procedtures designed into the SwiftCore FMS are derivecl from the tcaans experience from work done at the University of Colorado while operating various UAS under COA's. These procedures ase available upon request. CRA proposes that the small size and weight of the UAS included in this request for exemption, flown tmder

2

### the guiclelizies of N 8900.227, will lia.ve a.rn equivalent level of safety to ma.mxed a.ircra.ft performing simila.r

missions.



### Figure 1: The Tempest UAS The nanze aald contac:t information of the applicaalt are:

Conestoga-Rovers & Associates 

### Attn: Brizt.n. 

### (Bo) LeRoy Phone: 678-232-1933 E-ma.il: bleroyOCRA , "Torld.com
CI1.A reclucsts exemption under Section 333 to enable safe commercial UAS operations for the activities stated. By approving tllese exemptions tlie FAA will create benefits to tlie areas mentioned that is ultimately in the public interest. Please coiltact lls if yotl require additional lllfor171atioll or clarlfication.

Director of Flight Operations

3APPENDIX Specific Exemption Requests and Equivalent Level of Safety Showings 14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203(a) and (b) - Civil aircraft: Certifications required. Section 91.203 requires all civil aircraft to have a certificate of airworthiness. Part 21, Sttbpart H, entitled Airwort.hiness Certificates, establishes the procedttral reqttirements f'or the issuance of airworthiness certificates as required by FAR §91.203(a). CRA requests an exemption from these rules and will utilize an internal airwortltiness process based on MIL-HDBK 616B for an equivalent level of sa.fety. Such an exemption meets the requirements of au equiva.lent level of safety ttnder Part 11 and Section 333 of the Ref'orm Act. The Federal Aviation Act and Section 333 of the Reform Act both autliorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration of the size, weight, speed, operational capability, and proximity to airports and popnlated aseas of the UAS involved. 14 C.F.R. §45.23(b) - Display of marks; general. These regulations provide that eaclr aircraft must display "N" and the aircraft's registration number in letters at least 3 inches high. Additionally, the a.ircraft tnttst display the word "EXPERIMENTAL" in letters at least 2 inches Itigh near the entrauce to the cabitt, cocicpit, or pilot station. Given the size of the UAS (fttselage lengtlt of 6'), this requirement is impossible to match. The equivalent level of safety will be aclrieved by having the registered N-number in 1 inch lettering on the side of the fusela.ge

. 14 C.F.R. §61.23(a) - Medical certificates: Requireinent and duration. Regulations provide that a person must hold at least a second class meclical certificate when exercising: • Second-in-command privileges of att airline transport pilot certificate in part 121 of this chapter (other than operations specified in paragra.ph (a)(1)(ii) of this section); or • Privileges of a commerciad pilot certificate Given the size of the UAS in this petition and the limited flight area and the safety features integrated in the autopilot CRA believes that an Equivalent Level of Safety can be reached if the operator has a valid drivers license. 14 C.F.R. §61.113(a) and (b), §61.133 - Private Pilot Privileges and Limitations: Pilot in Command; Commercial Pilot Privileges and Limitations Subsections (a) and (b) of sy61.113 prolribit private pilots from operating aircraft in cotnmercial operations, and §61.133(a) reqttires an individtta.l operating asi a.ireraft for compensa.tion or hire to hold a cotnmercial pilot certificate. CRA requests an exemption frorn 14 C.F.R. §61.113(a) and (b) a.nd 14 C.F.R. §61.133(a) so that above mentioned UAS may be operated by individuals who have a private pilot certificate. Based upon the design features of the UAS, its autopilot system, and sa.fety factors, the FAA should permit operation of UAS by operatot:s witb a priva.te pilot certil'icate when the conditions described above have been satisfied. The above-described conditions are in-line witlt those set forth in Volume 16, Cha.pter 4, Section 1 of FAA Order 8900.1. CRA proposes to condttct operations in accordance with these restrictions. Given these conditions and restrictions, an equivalent level of safety will be provided by allowing operation with a private pilot certificate. The risks associated with the operation of the Tempest (given the size, speed, operational capabilities, aet(I lack of cotnbustible fuel) are so mttch less tltan the level of risk associated with fixed wing a.nd rotorcraft operations, both private and commercia.l, as coritemplated by Part 61, that allowing operations of these UAS, as set forth above, meets or exceeds the present level of safety provided ttnder 14 C.F.R. §61.113(a) and (b) and §61.133(a).14 C.F.R. §91.7(a) - Civil aircraft flight manual, marking, and placard requirernents

This regulation requires that no person may operate a civil a.ircraft unless it is in airwortliy condition. CRA requests that a.n exemption be granted allowing commercial operation without an airwortltiness certificate. Given the size of the aircraft aatd the procedttre of utilizing MIL-HDBK 51613, an equivalent level of sa.fety will be acltievecl. 14 C.F.R. §91.9(b)- Civil aircraft flight manual, marlcing, and placard requirements. This regulatiott provides that no person may operate an aircrafb unless a cnrrent, approved flight maautal is in the aircraft. CRA assttmes that tlie intent of this reqttirement is to ensure that fliglit manual information is available to the aircrew wltile operating the aircraft. CRA requests an exemption to this requirement since the aircrafb is not only too small to carry documentation, but the documentation would not be ava.ilable to the crew. The equivalent level of'saf'ety will be acltieved by lceeping a haad copy of the SwiftCore FMS ttser tnanual with the grottnd crew. 14 C.F.R. §91.109(a) - Flight instruction; Sinmlated instrument flight and certain flight tests Sections 91.109(a) provides that no person may operate a civil aircraft that is being ttsed for fliglit instrttction ttnless that aircraft has fhlly functioning dua.l controls. The UAS in this exemption ase retnotely pilotod aircraft, and, by design, not eqttipped witlt fttlly fttnctional dual controls. Flight control is accomplished through the use of a control box that communicates with the aircraft via radio cotntnunications. Utilizing a pilot skilled in remote piloting wilt provide an equivalent level of safety. 14 C.F.R. §91.119 - Minimum safe altitudes: General. The regulation provides that over spaa;sely populated areas the aircraft catmot be operated closer than 500 feet to any person, vessel, vehicle, or structure. Since the UAS in this exemption wi11 be operating at a ntaximum of 400 feet AGL, this requirement cannot be followed. To provide an eqttivalent level of safety CR.A will only fly over private property with the permiasion of the land owner. The land owner will be briefed of the expected route of fligltt and the associated rislcs to persons and property on the grotmd. We tnaintain that due to the small size of the CRA UAS, the haaard to persons, vessels, vehicles, and structnres is not comparable to matmed aireraft aud should be considered in granting the exemption. Ftutltermore, CRA will not operate over congested areas nor over aaty open air assembly of persons. In the event of power unit failure and operating at 400 feet altitude, the PIC will be able to conduct an emergency lauding without ttndue hazard to persons or property on the grottnci. 14 C.F.R. §91.121 - Altimeter settings. The regtilation states that aircraft slrall maintain cruising altitudes by reference to an aititneter setting available witltin 100 natttical milos of tlte aircraft. The UAS will fly below 400 feet AGL and will tnot need to maintain hemispherical crttising altitttdes in order to do-conflict with other aircraft. To provide an eqttivalent level of sa£ety, the autopilot calcula.tes the reference altitucle (grotm(I level) witlr the on-board GPS during the pre-flight tests. The CPS and barometer data are then nsed to calculate the altitude in-flight. 14 C.F.R. §91.151(a) - Fuel requirements for flight in VFR. conditions. The regulation states that no person niay begin a fliglit in an airplane under day-VFR conditions unless there is enough fuel to fly to the first point of intended landing and to fly after that for at least 30 minutes. As the aircraft in this reqnest are electric-powered, this requirement is inapplicable. An eqttivalent level of saf'ety is achieved through a low battery power warning on the SwiftStation wlten there is 10 mintttes of battery power remaining. Since a11 operations are witltin 1/2 NT4 of tlte operator this will allow the aircraft to safely land if this wa.rning is active.14 C.F.R. Subpart E(§91.401 -§91.417) - Maintenance, Preventive Maitutenance, and Alterations The regulation provides that the operator is printarily responsible for ntaintaining the aircra.ft in an airivorthy

5condition, inclttding coinpliance with part 39 and 43. Paragraphs 91.407 and 91.409 reqttire that the aircraft

be "approved for return to service by a person atttltorized ttnder 43.7" after maintenance and inspection. CRA plans to have the PIC perform inaintenance and inspection of the aireraft and "be atttltorized to approve the aircraft for return to service." The PIC wili ensnre that the aircraft is in an airworthy condition prior to Ilight and conduct detailed inspections after every 10 flight houre. Additionally, the SwiftStation puts the operator through a checldist prior to eaclt lattncli. The PIC will docuinent worlc perfortned in accordance with 91.417. We feel that dtte to the size, construction, and siutplicity of the aircraft, the PIC can ensure an eqnivalentlevel of safety.

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