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Mark E. McKinnon

703.336.8708
Matthew J. Clark

703.336.8714 Email Address mmckinnon@mckennalong.com mclark@mckennalong.com

July 6

, 2015

To Whom it May Concern:

Pursuant to Section 333 of the FAA Moderni zation and Reform Act of 2012 (Reform Act ) and 14 C.F.R. Part 11, The University of South Dakota ( USD ) hereby applies for a Summary Grant of Exemption from the Federal Aviat ion Regulations (FARs ) identified below, to operate small unmanned aerial vehicles ( i.e., small unmanned aircraft systems or UAS ) for the purpose of conducting aerial data collection, including aerial imaging and remote sensing and surveying

, in support of its education and research operations

. USD respectfully submits that this Petition for Exemption qualifies for expedited approval, as the Federal Aviation Administration ( FAA ) has previously issued grants of exemption in circumstances similar in all mate rial respects to those presented herein.

In addition to this Petition for Exemption, USD will also submit The University UAS Operations Manual under separate cover. USD submits this Operations Manual as a confidential document under separate cover purs uant to 14 C.F.R. § 11.35(b), as the material contain confidential commercial and proprietary information that USD has not and will not share with others. The information contained in the Operations Manual is not generally available to the public and is

p rotected from release under the Freedom of Information Act, 5 U.S.C. § 552 et seq. U.S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE Washington, DC 20590

Re: Petition of University of South Dakota for Summary Grant of Exemption

Pursuant to Section 333 of the FAA Modernization and Refor m Act of 2012U.S. Department of Transportation

J uly 6 , 2015 Page 2

For your convenience, this Petition is organized as follows:

T ABLE OF C ONTENTS

P AGE

I. B ACKGROUND & D ESCRIPTION OF P ETITIONER

................................ ................................ 3

II. D ESCRIPTION OF P ROPOSED O PERATION

................................ ................................ ........... 3

III. R ELEVANT S TATUTORY A UTHORITY

................................ ................................ ................. 4

IV. USD' S P ROPOSED UAS O P ERATIONS M EET THE R EQUIREMENTS OF S ECTION
333 OF THE R EFORM A CT

................................ ................................ ................................ ... 5

A. Approval is Warranted Based on the UAS's Size, Weight, Speed, and Operational Capability

................................ ................................ ............................. 5

B. Approval is Warranted Based on th e Operational Restrictions in USD's Operating Documents

................................ ................................ .............................. 6

V. R EGULATIONS F ROM W HICH E XEMPTION I S S OUGHT

................................ ...................... 6

A. 91.9(c), 45.23(b) and 45.27(a): Aircraft Marking and Identification Requirements

................................ ................................ ................................ ........... 7

B. 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2); 91.417(a) and (b): Maintenance Inspections

................................ ................................ .......................... 8

C. 61.23(a) and (c), 61.113, 61.101(e)(4) and (5), 61.315: Private, Recreational and Sport Pilot Medical Certificate, Privileges and

Limitations

................................ ................................ ................................ ............... 9

D. 91.7(a): Civil Aircraft Airworthiness

................................ ................................ ...... 9

E. 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft and 91.203(a) and (b): Carrying Civil Aircraft Ce rtification and Registration

................................ ... 10

F. 91.103: Preflight Action

................................ ................................ ........................ 11

G. 91.109(a): Flight Instruction

................................ ................................ ................. 11

H. 91.119(c): Minimum Safe Altitudes Over Other Than Congested Are as

.............. 12

I. 91.121: Altimeter Settings

................................ ................................ .................... 12

J. 91.151(a): Fuel Requirements for Flight in VFR Conditions

................................ 13

VI. D RUG AND A LCOHOL P ROGRAM

................................ ................................ ...................... 14

VII. P UBLIC I NTEREST

................................ ................................ ................................ .............. 14

VIII. P RIVACY

................................ ................................ ................................ ............................ 14

IX. F EDERAL R EGISTER S UMMARY

................................ ................................ ........................ 14

X. C ONCLUSION

................................ ................................ ................................ ..................... 15U.S. Department of Transportation

J uly 6 , 2015 Page 3

I. B ACKGROUND & D ESCRIPTION OF P ETITIONER

Fou nded in 1862, the University of South Dakota is designated as the only public liberal arts university in the state and is home to a comprehensive College of Arts and Sciences, School of Education, the state’s only School of Law, School of Medicine, School of Health Sciences, and the accredited Beacom School of Business and the College of Fine Arts. USD has an enrollment of more than 10,000 students taught by more than 400 faculty members.

USD is South Dakota’s flagship university and is governed by the S outh Dakota Board of Regents. As a leading research university in the region, USD emphasizes research at every level from undergraduate students through graduate degree programs and among faculty members in all disciplines. The university is developing t he USD Discovery District in northwestern Sioux Falls to provide an environment where university research can be conducted and commercialized. The district will provide an environment for innovation

- driven businesses to incubate or expand.

USD has identi fied a wide range of uses for UAS , which are discussed below, that will assist the university in meeting its educational and research goals. For this reason, USD seeks an exemption for commercial operations of small UAS for the purpose of conducting aeria l data

collection.

In accordance with 14 C.F.R. § 11.81(a), USD provides the following information in support of its Petition for Exemption.

The contact information for Petitioner is as follows:

Darby Ganschow Director of Auxiliary Services

Uni versity of South Dakota

414 East Clark Street Vermillion, South Dakota 57069

Phone: (605) 677

- 6623

Email: darby.ganschow@usd.edu

II. D ESCRIPTION OF P ROPOSED O PERATION

USD seeks an exemption pursuant to Se ction 333 of the Reform Act to use a number of different UAS platforms for aerial data collection in support of its education and research operations

. By way of example, education and research programs supported by the proposed UAS operations, includes, b ut is not limited to: aerial surveying and mapping, wildlife and foresting monitoring/surveys, environmental and climate monitoring, archeological studies and aeronautical

research and design

. Aerial data collected by USD's UAS would also be used to promo te and market USD, as well as support student recreational and sport activities. Finally, aerial data collected by UAS may also be used by Facilities Management to monitor and inspect USD buildings and

infrastructure.U.S. Department of Transportation

J uly 6 , 2015 Page 4

The UAS platform th at USD intends to use

— the DJI Phantom 2 , has been approved for commercial use in other grants of exemption. As set forth below, the FAA has previously

determined that the DJI Phantom 2 meet s the criteria established in Section 333 of the Reform Act

and is a suitable p latform for performing aerial data collection.

The proposed operations in this Petition for Exemption are not new or novel to the FAA. The FAA has previous ly issued grants of exemption to use small UAS for aerial data collection in support of similar educational and research activities , including:

 Exemption No. 11552 to Sinclair Community College to conduct educational research and training (Docket No. FAA

- 2015

- 0374);

 Exemption No. 11304 to Auburn University Aviation Center to conduct training course s to instruct students in the operation of unmanned aircraft and their associated systems. (Docket No. FAA

- 2014

- 1014 ); and

 Exemption No. 11265 to the City of Roswell Coalition to perform research, development and validation of a formal UAS training curric ulum (Docket No. FAA

- 2014

- 0732).

The low

- risk UAS operations proposed by USD in this Petition for Exemption fall squarely within the category of aerial data collection that has been subject to previous approval

.

III. R ELEVANT S TATUTORY A UTHORITY

This Pet ition for Exemption is submitted pursuant to Section 333(a) through (c) of the

Reform Act . Congress has directed the FAA "to safely accelerate the integration of civil unmanned aircraft systems into the national airspace system." Pursuant to Section 333 of the Reform Act, the FAA Administrator is to permit unmanned aircraft systems to operate in the NAS where it is safe to do so based on the following considerations:

 The UAS's size, weight, speed and operational capability;

 Operation of the UAS in close p roximity to airports and populated areas; and

 Operation of the UAS within the visual line of sight of the operator.

Additionally, the FAA Administrator has general authority to grant exemptions from the agency's safety regulations and minimum standards whe n the Administrator decides a requested exemption is in the public interest. See 49 U.S.C. § 106(f) (defining the authority of the Administrator); 49 U.S.C. § 44701(f) (permitting exemptions from §§ 44701(a), (b) and §§ 44702

– 44716, et seq. ). A party r equesting an exemption must explain the reasons why the exemption: (1) would benefit the public as a whole, and (2) would not adversely affect safety (or how it would provide a level of safety at least equal to the existing rules). See 14 C.F.R. § 11.81 ( petitions for exemption).U.S. Department of Transportation

J uly 6 , 2015 Page 5

IV. USD ' S P ROPOSED UAS O PERATIONS M EET THE R EQUIREMENTS OF S ECTION 333 OF

THE R EFORM A CT

USD 's proposed operations in this Petition for Exemption qualify for expedited approval via the summary grant process pursuant to Section 333 of the Reform Act

, as each of the statutory

criteria and relevant factors are satisfied and the FAA has previously issued grants of exemption in circumstances similar in all material respects to those presented in this Petition for Exemption.

A. Approval is W arranted Based on the UAS's Size, Weight, Speed, and Operational Capability

The FAA is familiar with and has already determined that the DJI Phantom 2 meets the requirements of Section 333 of the Reform Act due to its weight, speed and operational capabi lities. See e.g ., Exemption No. 11315 to The Climate Corporation and Precision Planting, LLC; Exemption

No. 114 45 to Unmanned Aerial Solutions; and Exemption No. 11289 to Bird's Eye Solutions, LLC. Specifically, t he FAA found the following characterist ics of the DJI Phantom 2 to warrant approval for a grant of exemption:

 It weighs less than 55 pounds in cluding payload;

 It has the capability to operate safely after experiencing certain in

- flight contingencies or

failures and uses an auto

- pilot system t o maintain UAS stability and control. The UAS is also able to respond to a loss of GPS or a lost

- link event with a pre

- coordinated, predictable, automated flight maneuver. These safety features provide an equivalent level of safety compared to a manned a ircraft performing a similar operation and mitigate the risk of

command and control link failures ;

 The radio frequencies used for operations and control of the UAS comply with the Fede ral Communications Commission (FCC ) and other appropriate governmen t o versight agency requirements; and

 The UAS operate s at a speed of 87 knots or less.U.S. Department of Transportation

J uly 6 , 2015 Page 6

B. Approval is Warranted Based on the Operational Restrictions in USD 's

Operating Documents

The University UAS Operations Manual and the manufacturer's manuals for th e DJI Phantom

2 (hereinafter collectively referred to as "operating documents") contain all the procedures and limitations necessary to safely and successfully perform the proposed operations

. To expedite the

FAA's safety assessment of USD 's proposed UAS operations, USD has tailored its operating

documents to comply with the condition s and limitations imposed on similarly situated petitioners seeking to use small UAS for aerial data collection. See e.g., Grant of Exemption No. 11552 issued

to Sinclair Com munity College, Docket No. FAA

- 2015

- 0374. In particular, the operating documents contain systems and procedures to permit USD to comply with the conditions and limitations in the FAA's Grant of Exemption. Id.

V. R EGULATIONS F ROM W HICH E XEMPTION I S S OUGHT

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This statutory authority, by its terms, includes exempting civil aircraft, as the term is defined under § 40101 of the Act, including UAS, from its safety regulations a nd minimum standards when the Administrator decides a requested exemption is in the public interest. 1

USD seeks an exemption from several interrelated provisions of 14 C.F.R. Parts 45, 61 and 91 for purposes of conducting the requested operations using sm all UAS , including:

FAR Description

91.9(c); 45.23(b) and 45.27(a) Aircraft Marking and Identification Req ui rements

91.405(a); 91.407(a)(1); 91.409(a)(1) and (2); 91.417(a) and (b) Maintenance and Inspection Req ui rements

61.23 (a) and (c); 61.113 ; 61.101(e)(4) and (5) , 61.315 Private, Recreational and Sport Pilot Medical Certificate, Privileges and Limitations

91.7(a) Civil Aircraft Airworthiness

91.9(b)(2); 91.203(a) and (b) Carrying Aircraft Flight Manual, Certification and Registration in

th e Aircraft

1 See 49 U.S.C. § 44701(f) (authorizing the grant of exemptions from requirements of regulations prescribed pursuant to Sections 44701(a) and (b) and Sections 44702

- 44716).U.S. Department of Transportation

J uly 6 , 2015 Page 7

91.103 Preflight Action

91.109(a) Flight Instruction

91.119(c) Minimum Safe Altitudes Over Other than Congested Areas

91.121 Altimeter Settings

91.151(a) Fuel Req ui rements for Flight in VFR Conditions

Listed below are the specific se ctions of 14 C.F.R. for which an exemption is sought, and the operating procedures and safeguards that Petitioner has established which will ensure a level of safety better than or equal to the rules from which exemption is sought. 2

A. 91.9(c), 45.23(b) and 4 5.27(a): Aircraft Marking and Identification Req ui rements

USD seeks an exemption from the aircraft marking and identification req ui rements contained in 14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a).

● 14 C.F.R. § 91.9(c), Civil Aircraft Flight Manual, Marking and Placard R eq ui rements

, provides that:

No person may operate a U.S.

- registered civil aircraft unless that aircraft is identified in accordance with Part 45 of this chapter.

● 14 C.F.R. § 45.23(b), Markings of the Aircraft, states:

When marks include only the Roman capital letter "N" and the registration number is displayed on limited, restricted or light

- sport category aircraft or experimental or provisionally certificated aircraft, the operator must also display on that aircraft near

each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor more than 6 inches high, the words "limited," "restricted," "light

- sport, "experimental," or "provisional," as applicable.

● 14 C.F.R. § 45.27(a), Rotorcraft, states:

2 See 14 C.F.R. § 11.81(e), which requires a petition for exemption to include:

The reasons 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 you seek exemption.U.S. Department of Transportation

J uly 6 , 2015 Page 8

Each operator of a rotorcraft must display on that rotorcraft horizontally on both surfaces of the cabin, fuselage, boom, or tail the marks req ui red by § 45.23.

In prior grants of exemption under Section 333 of the Reform Act , the FAA determined that exemption from these re q ui rements was warranted provided that the aircraft "have identification (N

Number) markings in accordance with 14 C.F.R Part 45, Subpart C if the markings are as large as practicable." 3 All UAS flown by USD will bear N

- number markings that are as large as practicable in accordance with 14 C.F.R. Part 45, Subpart C. 4

B. 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2); 91.417(a) and (b): Maintenance Inspections

USD seeks an exemption from the maintenance inspection req ui rements contained in 14 C.F.R. § 91.405 (a), 91.407(a)(1), 91.409(a) (1) and (2); 91.417(a) and (b). These regulations specify maintenance and inspection standards in reference to 14 C.F.R. Part 43. 5 An exemption from these regulations is needed because Part 43 and these sections only apply to aircraft with an airworthiness certificate, which the UAS to be operated under this grant of exemption will not have.

An eq ui valent level of safety will be achieved because maintenance and inspections will be performed in accordance with the operating do cuments and any req ui red manufacturer Safety or Service Bulletins. Further, as req ui red by the operating documents, the PIC will conduct a pre

- flight inspection of the UAS and all associated eq ui pment to account for all discrepancies and/or inoperable com ponents. Maintenance will be performed and verified to address any conditions potentially affecting safe operation of the UAS and no flights will occur unless, and until, all flight critical components of the UAS have been found to be airworthy and in a c ondition safe for operation. A functional test flight will be conducted following the replacement of any flight

- critical components. As req ui red by the operating documents, the PIC who conducts the functional test flight will make an entry in the UAS air craft records of the flight.

The operating documents also include req ui rements to follow the UAS manufacturer’s maintenance, overhaul, replacement, inspection, and life limit requirements for the air craft and aircraft components. Moreover , the operat ing documents also include procedures to document and maintain a record of the UAS maintenance, preventative maintenance, alterations, status of replacement/overhaul component parts, and the total time in service of Petitioner's UAS . As a whole, the maint enance and inspection procedures req ui red by Petitioner's operating documents

ensure that an eq ui valent or higher level of safety will be achieved.

3 FAA Docket No. FAA

- 2014

- 0352.

4 See, e.g., FAA Docket No. FAA

- 2014

- 0352, at 14.

5 See, e.g., 14 C.F.R. § 91.405(a) (stating that each owner or operator of an aircraft "[s ]hall have the aircraft inspected as prescribed in subpart E of this part and shall between required inspections ...have discrepancies repaired as prescribed in part 43 of this chapter

. ").U.S. Department of Transportation

J uly 6 , 2015 Page 9

C. 61.23(a) and (c), 61.113 , 61.101(e)(4) and (5)

, 61.315 : Private, Recreational

and Sport Pilot Medical Certif icate, Privileges and Limitations

USD seeks exemption from these sections , which restricts private

, recreational or sport pilot certificate holders from flying aircraft for compensation or hire, and would also req ui re a second

class medical certificate. The purpose of Part 61 is to ensure that the skill and competency of any PIC matches the airspace in which the PIC will be operating, as well as req ui ring certifications if the private pilot is carrying passengers or cargo for hire. In this case, while t he UAS will be operated as part of a commercial operation, it carries neither passengers nor cargo.

In the Grant of Exemption No. 11062 to Astraeus Aerial 6 , the FAA determined that the unique characteristics of UAS operation outside of controlled airsp ace did not warrant the addition al

cost and restrictions attendant with req ui ring the PIC to have a Commercial Pilot Certificate and

Class II Medical Certificate. The fulfillment of the additional req ui rements for a private pilot to become qualified as a commercial pilot would not lead to any additional safety benefits when UAS operations are involved.

More recently, the FAA determined that holders of recreational and sport pilot certificates would also have adequate aeronautical knowledge to pilot a UAS. Accordingly, because these individuals would also be subject to security screening by the De partment of Homeland Security (DHS ), the FAA determined that holders of recreational and sport pilot certificates would be qualified to serve as the PIC for UAS operations. 7

The restrictions Petitioner has placed on its UAS operations meet or exceed the restrictions similarly imposed on Astraeus Aerial and other operators in more recently granted exemptions under

Sect ion 333 of the FAA Reform Act. USD wil l operate away from persons and property that is not the subject matter of the flight

. USD will also req ui re all PICs to be thoroughly trained in the unique aspects of UAS flight. As set forth in the operating documents, pilots will have experience not o nly in UAS operations generally but have logged flight time in the specific make and model used for the operations before they are permitted to participate in commercial flights on behalf of USD . The pilot qualification, training, and currency req ui rement s in the operating documents ensure that USD 's pilots are competent and proficient in the UAS they are operating. The Petitioner's training and qualification req ui rements are consistent with those contained in prior FAA

- issued grants of exemption , and wil l provide a higher level of competency and proficiency for its pilots and will

ensure at least an eq ui valent level of safety.

D. 91.7(a): Civil Aircraft Airworthiness

Inasmuch as there will be no airworthiness certificate issued for the UAS, USD seeks an

exe mption from 14 C.F.R. § 91.7(a), which req ui res that a civil aircraft be in an airworthy condition

6 FAA Docket No. FAA

- 2014

- 0352

.

7 See Grant of Exemption No. 11213 to Aeryon Labs, Inc. (Docket No. FAA

- 2014

- 0642 at pgs.

8

- 9).U.S. Department of Transportation

J uly 6 , 2015 Page 10

to be operated. While the petitioner’s UAS will not have an airworthiness certificate, the FAA has determined that for the purposes of this exemption the pi lot may determine the aircraft is in an airworthy condition prior to flight. The operating documents contain procedures which allow the PIC to determine whether the aircraft is in a condition safe for flight, and an exemption from § 91.7(a) is therefore w arranted.

E. 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft and 91.203(a) and (b): Carrying Civil Aircraft Certification and Registration

Title 14 C.F.R. § 91.9(b)(2) and § 91.203(a) and (b) req ui re the operator to carry

airworthiness docume nts and other aircraft manuals onboard the aircraft.

Pursuant to 14 C.F.R. § 91.9(b)(2):

(b) No person may operate a U.S.

- registered civil aircraft

–

... (2) For which an Airplane or Rotorcraft Flight Manual is req ui red by § 21.5 of this chapter, unless t here is available in the aircraft a current approved Airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any

combination thereof.

Pursuant to 14 C.F.R. § 91.203(a) and (b):

(a) Except as provided in § 91.715, no pers on 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 req ui red 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 passengers or crew.

Given the small size and configuration of the UAS, it would be impossible to keep

airworthiness documents and oth er aircraft manuals on board the UAS because there is simply no room and the UAS has no cabin or cockpit.

In an FAA Office of Chief Counsel's Opinion dated August 8, 2014, and prepared by Dean E. Griffith, Attorney, AGC

- 220, it was acknowledged that the intent of 14 C.F.R. 91.9(b) and 91.203(a) and (b) is met if the pilot of the unmanned aircraft has access to the UAS flight manual, registration certificate, and other req ui red documents from the ground control station from which he or she is operating the aircraft. 8 As this FAA Office of Chief Counsel Opinion clarifies, the intent of the rule is to ensure the pilot has access to these key documents during flight. Therefore, an eq ui valent level

8 Memorandum from Mark Bury, FAA Assistant Chief Counsel for International Law, Legislation and Regulation, to John Duncan, FAA Flight Standards Service (Aug. 8, 2014); see also Docket No.

FAA

- 2014

- 0352 at 16

- 18.U.S. Department of Transportation

J uly 6 , 2015 Page 11

of safety will be achieved by ensuring that the pilot has acc ess to the documents at the ground control station from which he or she is piloting the UAS. 9

F. 91.103: Preflight Action

Petitioner seeks an exemption from 14 C.F.R. § 91.103, which req ui res a PIC to become familiar with specific information before each flight, including information contained in the FAA

approved Flight Manual on board the aircraft. While the PIC will be familiar with all information necessary to safely conduct the flight, an exemption is requested to the extent that an FAA

- approved Flight Manual is req ui red

.

Adherence to the req ui rements in the operating documents will ensure that the UAS is in an airworthy condition prior to flight. The PIC will perform a series of checklists designed to identify any defects or inoperable component s, which cover pre

- flight, take

- off, landing and post

- flight procedures. The PIC will also be req ui red to review weather, flight req ui rements , battery charge, landing and takeoff distance, UA performance data, and contingency landing areas

— before initiati on of flight. Petitioner's operating documents will be kept at the ground control station and will be accessible to the PIC at all times while operating the UAS.

G. 91.109(a): Flight Instruction

Petitioner seeks an exemption from 14 C.F.R. § 91.109(a), whic h provides in pertinent part that "[n]o 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." UAS and remotely piloted aircraft, by their des ign, do not have functional dual controls. Instead, flight control is accomplished through the use of a device that communicates with the aircraft via radio communications. Accordingly, an exemption will be req ui red for the flight instruction req ui rement s of 14 C.F.R. § 91.109(a).

Given the size and speed of the UAS that Petitioner intends to use, an eq ui valent level of safe training can still be achieved without dual controls because no pilot or passengers are aboard the UAS, and as req ui red by the ope rating documents, all persons will be a safe distance away in the event that the UAS experiences any difficulties during flight instruction. Moreover, all flight training will be conducted in controlled and sterile environment. As a whole, the procedures provided for in the operating documents ensure that UAS flight instruction can be performed safely.

9 See also Exemption No. 11213 to Aeryon Labs, Inc. at pg. 11:

The petitioner requested relief from 14 CFR § 91.9(b)(2): Civil aircraft flight manual, marking, and placard requirements and § 91.203(a) and (b): Civil aircraft: Certificatio ns required. The FAA has previously determined that relief from these sections is not necessary. See Exemption No. 11062. Relevant materials may be kept in a location accessible to the PIC in compliance with the regulations.U.S. Department of Transportation

J uly 6 , 2015 Page 12

H. 91.119 ( c) : Minimum Safe Altitudes Over Other Than Congested Areas

USD requests an exemption from the minimum safe altitude req ui rements of 14 C.F.R. §

91.1 19 (c)

. 10 Section 91.119 prescribes the minimum safe altitudes under which aircraft may not operate, including 500 feet above the surface and away from any person, vessel, vehicle, or structure

in non

- congested areas. See 14 C.F.R. § 91.119(c).

An exemp tion is req ui red because the proposed UAS operations will normally need to occur below 400 feet AGL. Additionally, due to the nature of the proposed operations, the PIC and/or

Observers may need to be less th an 500 feet away from the UAS. Compared to fli ght operations with rotorcraft weighing far more than the maximum weights proposed herein, and given the lack of flammable fuel with the UAS, any risk associated with these operations is far less than those that presently exist with conventional aircraft.

An eq ui valent level of safety will be achieved given the size, weight, and speed of the UAS, as well the controlled location where the operations will occur. In order to avoid any risk to manned aircraft, flight operations will be restricted to below 40 0 feet AGL

. As set forth in the operating

documents , the UAS will be operated in a controlled environment, and all flights will occur at a
lateral dis tance of at least 500 feet from nonparticipating persons, unless that person is in a position

where he or she is shielded from the UAS and any possible debris resulting from UAS failure. Procedures will be in place to ensure f light operations can be safely terminated if a nonparticipating person within 500 feet of the UAS leaves a shielded position. Furthe r, UAS operations will occur at least 500 feet away from vehicles or structures unless the property owner/controller has granted permission and the PIC has made a safety assessment of the risk of operating closer to those objects

, and operations near the P IC or Observer will not present an undue hazard per § 91.119(a).

Adherence to these restrictions in USD 's operating documents will ensure the proposed operations

can be conducted without compromising safety to persons or property on the ground.

I. 91.12 1: Altimeter Settings

To the extent necessary for USD to conduct the proposed operations, Petitioner requests an exemption from 14 C.F.R. § 91.121, which req ui res a person operating an aircraft to maintain

cr ui sing altitude or flight level by reference to an altimeter that is set to the elevation of the departure airport or barometric pressure.

The FAA has stated that an eq ui valent level of safety to the req ui rements of 14 C.F.R. § 91.121 can be achieved in circumstances where: (1) the UAS will be operat ed 400 feet AGL or below, (2) within VLOS, (3) where GPS based altitude information is relayed in real time to the

10 Relief from § 91.119(a) will not be necessary because Petitioner will be able to perform an emergency landing without undue hazard to persons or property on the ground in the event of a failure. Petitioner's proposed UAS operations will not occur over congested areas, and therefore an exemption from § 91.119(b) will not be necessary. See e.g ., Grant of Exemption No. 11157 to Slugwear, Inc., dba Likeonatree Aerial at pg. 15 (Docket No. FAA

- 2014

- 0534 ).U.S. Department of Transportation

J uly 6 , 2015 Page 13

operator at a ground

- based on

- screen display and, (4) where prior to each flight, a zero altitude initiation point is established for the PIC to confirm accuracy of the onboard GPS. 11

The UAS that Petitioner intends to use for performing the proposed operations meet all these operational characteristics. Moreover, the operating documents req ui re the PIC to calibrate the aircraft's GPS compass prior to each flight operation. As the FAA has determined in circumstances similar to this Petition for Exemption, Petitioner's UAS and the safety mitigation procedures contained in the operating documents, ensure that an eq ui valent level of safety will b e achieved, and a grant of exemption to the req ui rements of § 191.121 is therefore appropriate.

J. 91.151(a): Fuel Requirements for Flight in VFR Conditions

USD requests an exemption from 14 C.F.R. § 91.151(a)'s fuel req ui rements for flight in VFR

conditio ns. Section 91.151 states:

(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 cr ui sing spee d

–

(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.

Here, the technological limitations on UAS battery power means that no meaningful flight operations can be conducted while sti ll maintaining a 30

- minute battery reserve. An exemption from

the fuel req ui rements of 14 C.F.R. § 91.151(a) is therefore req ui red

.

The FAA has previously granted relief from the fuel requirements of § 91.151(a) for flight in daytime VFR conditions in c ircumstances similar to those presented in this Petition for Exemption

. 12
In Exemption No. 11213 to Aeryon Labs, Inc. 13 , the FAA determined that a requirement prohibiting

the PIC from beginning a UAS flight unless (considering wind and forec ast weather cond itions)

there was enough available power for UAS to operate for the intended operational time and to operate after that for at least five minutes or with the reserve power recommended by the manufacturer if greater

, would ensure an equivalent level of safe ty to the fuel requirements of § 91.151(a)

. 14 Petitioner's operating documents impose this same requirement and an exemption from § 91.151(a)'s fuel req ui rements for flight in VFR conditions is therefore appropriate

.

11 See Grant of Exemption No. 11062 to Astraeus Aerial (FAA

- 2014

- 0352 at 21).

12 See e.g., Exemption Nos. 8811, 10808, and 10673

.

13 Docket No. FAA

- 2014

- 0642.

14 Exemption No. 11213 at pg. 12.U.S. Department of Transportation

J uly 6 , 2015 Page 14

VI. D RUG AND A LCOHOL P ROGRAM

USD will hav e policies in place to ensure that no person may participate in UAS flight operations if they are under the influence of alcohol or any drug.

VII. P UBLIC I NTEREST

The public interest will be served by granting USD 's Petition for Exemption. Congress has

esta blished a national policy that favors early integration of UAS into the NAS in controlled, safe working environments such as those proposed in this Petition. Granting this Petition for Exemption helps fulfill Congress' goal in passing Section 333(a) throu gh (c) of the Reform Act

— the FAA Administrator's assessment of whether certain UAS may operate safely in the NAS before completion of the statutorily req ui red rulemaking.

Beyond increased levels of safety, t he public stands to benefit enormously from th e education

and resea rch programs supported by the proposed operations in this Petition for Exemption

. Whether it is surveying historic archeological sites, or monitoring geological changes resulting from

soil erosion

, the public as a whole will benefit f rom the information gathered and studied as part of

the education

, and research programs supported by the proposed operations in this Petition for Exemption.

VIII. P RIVACY

The proposed operations will be conducted in accordance with applicable federal, state , or local laws regarding privacy. USD will not conduct flight operations over property that it does not own or control without the prior consent and knowledge of the property owner.

IX. F EDERAL R EGISTER S UMMARY

Pursuant to 14 C.F.R. Part 11, the follo wing summary is provided for publication in the

F EDERAL R EGISTER , should it be determined that publication is needed:

Petitioner seeks an exemption from the following rules in Title 14 of the Code of Federal Regulations:

45.23(b); 45.27(a); 61.23(a) and ( c); 61.113; 61.101(e)(4) and (5); 61.315; 91.7(a); 91.9(b)(2); 91.9(c); 91.10 3; 91.109(a); 91.119 (b) ; 91.121; 91.151(a); 91.203 (a) & (b); 91.405(a); 91.407(a)(1); 91.409(a)(1) & (2); 91.417 (a) & (b).

The exemption will enhance safety by reducin g risk to the general public and property owners from the substantial hazards associated with using conventional fixed

- wing aircraft or
, rotorcraft for aerial data collection in support of university education and research programs

.U.S. Department of Transportation

J uly 6 , 2015 Page 15

X. C ONCLUSION

The propose d operations in this Petition for Exemption satisfy the criteria articulated in

Section 333 of the Reform Act and the FAA has issued grants of exemption in circumstances similar in all respects to those presented by USD in this Petition for Exemption. In consideration of the foregoing, USD respectfully submits that this Petition for Exemption qualifies for expedited approval via the FAA's summary grant process.

We thank you for your prompt consideration of our requested exemptions. Should you have any questions, or if you need additional information to support the requested exemptions, please do

not hesitate to contact us.
Very truly yours,

Mark E. McKinnon

Matthew J. Clark

Counsel for University of South Dakota

AttachmentU.S. Department of Transportation

J uly 6 , 2015 Page 16

(The following attached item will be submitted under separate cover as it contain s proprietary and commercial information exempt from disclosure under the Freedom of Information Act, 5 U.S.C. §

522 et seq. , and shoul d be held in a separate file pursuant to 14 C.F.R. § 11.35(b)).

Attachment :

 The University UAS Operations Manual