0 K · tiTATD AT SALINA AVIATION :; 

0 

(I) 

U.S. Department ofTransportation 

Docket Management System 

1200 New Jersey Ave., SE 

Washington, DC 20590 

December I 8, 20 14 

Re: Exemption Request under Section 333 ofthe FAA Reform Act and Part II of the 

Federal Aviation Regulations from 14 C.F.R Part 21; 14 C.F.R Part 27; 14 C.F.R 

45.23 (b); 61.11 3 (a) & (b); 91.7 (a); 91.9 (b) (2); 91. 109; 91.11 9; 91.1 21; 91.1 51 (a); 

91.203 (a) & (b); 91.405 (a); 91.407 (a) (I); 91.409 (a) (2); 91.417 (a) & (b) 

Dear Sir or Madam, 

Pursuant to Section 333 ofthe FAA Modemization and Reform Act of2012 (the '·Reform Act"") 

and 14 CFR Part II , Kansas State University (KSU) seeks exemption from the Federal Aviation 

Regulations detailed below for KSU Unmanned Aircraft Systems (UAS) fl ight training 

operations. 

The mission ofK-State Salina's Unmanned Aircraft Systems Program Office (UASPO) is to 

facilitate and promote proper training of crewmembers for the safe incorporation of UAS into the 

National Airspace System (NAS). KSU uses extensive prior experience operating and 

maintaining UAS to conduct flights within the NAS and to establish operational guidelines, 

policies, and procedures. With proper background experience and practices already in place, 

KSU will ensure proper UAS training is provided to operators of the next generation of aerial 

vehicles, thus setting a benchmark to ensure a safe environment to the public and other users of 

the NAS. 

KSU currently operates a Part 141 manned aviation school, accredited by the Aviation 

Accreditation Board lntemational (AABI). With the impending UAS commercial industry 

looming, KSU's vision is to incorporate a similar flight school program to train UAS 

crewmembers. This training will provide them with significant hands-on flight training in 

addition to our current academic UAS program. KSU believes it is in the public's best interest to 

provide UAS operators with real world flight experience in preparation for a career in the 

commercial UAS industry. 

This exemption will permit KSU to safely operate small UAS under controlled conditions in the 

NAS for the purposes of Oight training. Approval of this exemption will enhance safety and 

fulfill the Secretary of Transportation's (the I' /\A Administrator's) responsibilities to 

" ... establish requirements for the safe operation of such aircraft systems in the national airspace 

system" Consistent with Section 333(c) of the Reform Act. 

The name and address of the petitioner is: 

Kansas State University 

Attn: Mark Blanks, UAS Program Manager 

Phone: 785-826-7170 
Email: mblanks@ksu.edu 

Address: 2310 CentenniaJ Rd, Salina, KS 67401 

Throughout this exemption document, KSU addresses the clear direction of Section 333 of the 

Reform Act, by providing an equivaJent (or better) level of safety for each regulation requiring 

an exemption. 

Prior to each mission tasks set forth in the KSU Standard Operating Procedures (SOPs) wi ll be 

performed to ensure proper Notices to Aim1en (NOT AMs) are filed, weather exceeds all 

minimum conditions, flight batteries are tested, landing and takeoff distances are appropriate, 

and aircraft performance is sufficient. Each VAS flown will be operated in accordance with an 

accompanied Aircraft Flight Manual (AFM). 

For flight training operations, KSU plans on providing training with a fleet of the fo llowing types 

of fixed wing aircraft: the KSU-manufactured Crow, the 3DR Aero and Aero-M and the UA V 

Factory Penguin B. Additionally, KSU will provide flight training on the 3DR X8 and X8-M 

multi-rotor platforms. All KSU UAS training operations will be conducted under normal 

conditions at a speed under 50 knots, and pose a minimum safety risk to persons or property on 

the ground. Operations will occur at or below 400 feet above ground level (AGL), except for the 

Penguin B, which will operate at or below a ceiling of I ,200 feet AGL; operating this gas 

powered aircraft poses lower risk at higher altitudes. In all cases UAS operations will be in 

accordance with parameters prescribed in the appropriate COA. The UASs will be operated 

strictly within visual line-of-sight (VLOS) within a predetermined sterile area described in the 

coniidential KSU Standard Operating Procedures (SOP). These procedures will ensure that all 

KSU UAS will "operate safely in the national airspace system." Each flight will be conducted 

with a Pilot-in-Command (PIC), a ground-based Visual Observer (VO), and an External Pilot 

(EP). Instructor Pilot(s) will be part of the crew composition as appropriate. These roles follow 

the requirements of FAA Policy N 8900.1 Volume 16. 

Regulations from which an exemption is requested: 

14 CFR Part 21 

14 CFR61.113 (a) & (b) 

14 CFR 61.3 (d)(2)(iii) 

14 CFR 91.7 (a) 

14 CFR 91.9 (b) (2) 

14 CFR 91.109 

14 CFR 91.119 

14 CFR 91.121 

14 CFR 91.151 (a) 

14 CFR 91.203 (a) & (b) 

14 CFR 91.405 (a) 

14 CFR 91.407 (a) (1) 

14 CFR 91.409 (a) (2) 

14 CFR 91.417 (a) & (b) 

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Ksu·s equivalent level of safety is defined for each regulation seeking exemption below. 

14 CFR Part 21 

Based on the proposed UAS being limited in size, weight, speed, operating capabilities, and 

operating within VLOS under the guidelines established in the KSU SOPs, KSU believes that an 

airworthiness certificate is not necessary to ensure an equivalent level of safety to manned 

aircraft operations. Precedent in this maner is established in Regulatory Docket No. F AA-20 14-

0353 (page 2). 

14 CFR 61.113 (a) und (b) 

14 CFR 61.11 3 (a) and (b) state that: 

(a) Except as provided in paragraphs (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 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 fl ight is only incidental to that business or employment; and 

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

Sections 61. 1 13 (a) & (b) limit private pilots to non-commercial operations. llowcver provided 

in recent documentation, it has been determined that the private pilot and commercial pilot 

certifications meet the same basic knowledge of airspace through ground school and not flight 

training (See Regulatory Docket No. FAA-2014-0352 page 16-17). A commercial pilot's 

certification ensures that a pilot is able to safely commercially operate a manned aircraft, not a 

sUAS. Applying manned commercial pilot certification requirements do not significantly add to 

the safety of sUAS operations. KSU's SOPs, however, will ensure UAS pilots are trained to 

conduct sUAS operations with an equivalent level of safety to the training advantages obtained 

by a certiticated commercial pilot for manned operations. 

All KSU UAS pilots will possess a Private Pilot Certificate and current Class II medical. 

Students and non-current UAS operators may participate in UAS operations under the 

supervision of an appropriately qualified UAS Flight Instructor. In addition to the preceding, 

KSU will maintain an equivalent level of safety by the standards set forth in the KSU SOP and 

aircraft specific AfMs. 

14 CFR 61.3(d)(2)(iii) 

14 CFR 61.3( d)(2)(iii) states that, "no person other than the holder of a flight instructor 

certificate issued under this part with the appropriate rating on that certificate may- Endorse a 

pilot logbook to show training given." 

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KSU requests exemption from this regulation because our UAS fl ight instructors may not hold 

an F /\A-issued flight instructor certificate. KSU will achieve an equivalent level or safety by 

following the requirements for fl ight instructors as set forth by the KSU SOP. 

14 CFR 91.7(a) 

The regulation requires that no person may operate a civil aircraft unless it is in airworthy 

condition. As there will be no airworthiness certificate issued for the aircraft, should this 

exemption be granted, no FAA regulatory standard will exist for determining airworthiness. 

Given the size of the aircraft and the requirements contained in the KSU SOP, an equivalent 

level of safety will be provided. 

14 CFR 91.9 (b) (2) 

This section refers to the civil aircraft flight manual documentation, of which states that "an 

Airplane or Rotorcraft Flight Manual is required by §21.5 of this chapter unless there is available 

in the aircraft a current, approved Airplane or Rotorcraft Flight Manual or the manual provided 

for in §121.1 4 l{b).'' 

As stated in Exemption No. I I 066, Regulatory Docket No. F A/\-20 14-0353: "The original intent 

of these regulations was to display an aircraft's airworthiness, certification, and registration 

documents so they would be easily available to inspectors and passengers." KSU's sUAS arc 

small in nature and will not carry passengers. An equivalent level of safety will be accomplished 

by following the FAA ·s Memorandum subject "Interpretation regarding whether certain required 

documents may be kept at an unmanned aircraft's control station," dated August 8, 20 14. 

Therefore all documentation required for flight will be kept at the Ground Control Station 

(GCS). 

14 CFR 91.109 

This section provides that 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. 

For non-GCS training and EP training missions, the PIC and the student will use a "buddy box" 

system that utilizes two transmitters. The transmitter of the student (trainer transmitter or buddy 

box) is connected by a trainer cable to another transmitter (master transmitter) controlled by the 

PIC instructor. The PIC Instructor is able to control the VAS with his or her transmitter then flip 

a switch to turn control over to the student and flip the switch again to reclaim control. In this 

way, the PIC Instructor can easily demonstrate how to fly the UAS or rescue the UAS ifthe 

student makes a poor aeronautical decision without passing the same transmitter back and forth 

(which could result in delays and crashes.) 

When conducting training on platforms that utilize a GCS (a computer, tablet, or means other 

than a radio transmitter as their primary source of control), KSU will provide an equivalent level 

of safety to 91. 109 by utilizing the ability to override autonomous control via a switch located on 

a radio transmitter. When this switch is activated, control is transferred from the autopilot to the 

transmitter, immediately taking the autopilot out of the loop. In this circumstance. the UAS is 

controlled in the same manner as a basic radio controlled (RC) aircraft. The PlC will be located 

at the GCS while the EP and the VO maintain continuous visual line of sight (VLOS) of the 

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aircraft at all times. J fa circumstance dictates, the PIC can command the EP to take immediate 

control of the aircraft. P'urthcr clarification can be reviewed in the KSU SOP. 

14 CFR 91.119(c) 

Section 91.1 19 establishes safe altitudes for operation of civil aircraft. Section 91.1 19 (d) allows 

helicopters to be operated at less than the minimums prescribed, provided the person operating 

the helicopter complies with any route or altitudes prescribed for helicopters by the FAA. As this 

exemption is for small UASs that nom1ally operate below 400 AGL, an exemption is needed to 

aJiow such operations. The UASs will be operated in remote areas, where non-participating 

persons will not be exposed to operations without their pre-obtained consent. 

The equivalent level of safety will be achieved given the size, weight, and speed of the UAS as 

well as the location where it is operated. No flight will be taken without the permission of the 

property owner or local officials. Compared to flight operations with aircraft or rotorcraft 

weighing far more than the maximum 551bs. proposed herein, any risk associated with these 

operations is far less than those presently presented with conventional aircraft operating at or 

below 400 AGL. In addition, the low-altitude limitations will ensure separation between these 

smaii-UAS operations and the operations of conventional aircraft that must comply with Section 

91.1 19. 

All KSU CO As provide an equivalent level of safety by establishing a safe operational area 

while a sterile environment is maintained according to the KSU SOP. KSU also conducts several 

missions at locations within a gated and sterile environment operated by the Kansas Department 

of Emergency Management (KDEM). 

14 CFR 91.121 

This regulation requires that each person operating an aircraft shall maintain the cruising altitude 

or flight level of that aircraft, as the case may be, by reference to "the current reported altimeter 

sening of a station along the route and within I 00 nautical miles of the aircraft.,. 

The KSU Crow and Penguin B can comply with this CFR. However the other UAS used for 

training do not have this capability. They will be configured to provide altitude information to 

the PIC via a digitally encoded telemetric downlink data feed, which will be displayed for the 

PIC on a ground based On-Screen Display (OSD). Prior to each flight, the PIC will initiate a zero 

altitude point and confirm the accuracy. 

14 CFR 91.15l(a) 

This section is in regard to fuel requirements for flight in VP'R conditions. It 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 cruising speed-

( I) During the day, to fly after that for at least 30 minutes. 

The 3DR X8. 3DR X8-M, 3DR Aero. 30R Aero-M, and KSU Crow use electrically powered 

engines. These UAS operations will be limited to a minimum voltage described in KSU's SOP to 

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ensure appropriate reserve power is available to maintain an equivalent level of safety. An OSO 

will continually provide a voltage readout of the current battery health to the PIC. In addition to 

this display. a minimum voltage setting will be programmed into the aircraft's parameters before 

each night as a backup. If the PIC fails to land the aircraft before the allotted minimum voltage is 

reached, the UAS will autonomously return to the launch position. 

This requested exemption request applies only to electrically powered UAS only; KSU is not 

requesting an exemption for the Penguin B UAS as it is powered by an internal combustion 

engine and can comply with this CFR. 

14 CFR 91.203 (a) and (b) 

The regulation states: 

(a) Except as provided in 91 .715, no person may operate a civil aircraft unless it has the 

following: 

(I) 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 passengers or crew. 

As stated in Exemption No. II 066, Regulatory Docket No. F AA-20 14-0353. ·'The original intent 

of these regulations was to display an aircraft's airworthiness certificate and registration 

documents so they would be easily available to inspectors and passengers:· Given that KSU 

UAS are sn1all in nature and will not carry passengers, an equi valent level of safety will be 

accomplished by following the FAA's Memorandum subject "Interpretation regarding whether 

certain required documents may be kept at an unmanned aircraft's control station," dated August 

8, 2014. Therefore all documentation required for flight will be kept at the GCS. 

14 CFR 91.405 (a); 407 (a) ( 1); 409 (a) (2); 417(a) & (b): 

These regulations require that an aircraft operator or owner "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 ... ,·· and others shall inspect or maintain the aircraft in compliance with Part 43. 

Since these sections and Part 43 apply only to aircraft with an airworthiness certificate, these 

sections should not apply to KSU UAS. However, maintenance will be Jogged and conducted in 

accordance with each aircraft-specific AFM. These procedures will ensure an equivalent level of 

safety is achieved. If a significant mechanical failure arises, the UAS will be commanded to 

immediately land at a predetermined safe location. As provided in the AFM, the PIC will ensure 

that the UAS is in proper working condition prior to each flight, all required maintenance has 

been performed, and that the log of maintenance preformed is current. Furthermore prior to each 

flight, the PIC will conduct a thorough preflight inspection in accordance with KSU's SOP and 

aircraft specific AFM, and will have the final authority to determine aircraft air·worthiness. 

In summary, the size, weight, speed, and operational capability or KSU's UAS do not pose a 

hazard to users of the national airspace system or the public, nor do they pose a threat to national 

security. The operations to be conducted by KSU as stated in this exemption request will be 

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conducted within VLOS and within areas as specified in the aircraft specific COAs. The ability 

to train UAS crewmembers at KSU is in the public's best interest. KSU successfully set a 

precedent of excellence with our manned aircraft training programs that extends into UAS 

operations. KSU's satisfaction of the criteria set by Section 333 ofthe FAA Modernization and 

Reform Act of2012 provides justification for the grant ofthe requested exemptions allowing 

standardized fl ight training. 

Sincerely. 

~~ Mark Blanks 

UAS Program Manager 

Applied Aviation Research Center 

Kansas State University 

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