For your convenience, the Hagerst own Community College petition is organized as follows:



### I. Description of Petitioner



### II. Description of Proposed Operation



### III. Vehicle Types and National Airspace System Use



### IV. Proposed UAS Operations Requirements of Section 333 of the Refo rm Act

A. Exemption is Requested Based on the VAS's Size, Weight, Speed, and Operational Capability

B. Operational Restrictions



### V. Regulations For Which Exemptions Are Requested

A. 14 C.F.R. Part 21, Subpart H Airworthiness Certificates and 14 C.F.R. § 91.203

B. 14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness

C. 14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Manual in the Air craft and 14 C.F.R. § 91.203(a) and (b): Carrying Civil Aircraft Certification and Re gistration

D. 14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a): Aircraft Marking a nd Identification Requirements

E. 14 C.F.R. § 91.103: Preflight Action

F. 14 C.F.R. § 91.109(a): Flight Instruction

G. 14 C.F.R. § 91.119: Minimum Safe Altitudes

H. 14 C.F.R. § 91.121: Altimeter Settings

I. 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Cond itions

J. 14 C.F.R. § 91.405(a), 91.407(a)(1), 91.409(a)(1) & (2); 91.417 (a) and (b): Maintenance Inspections

K. 14 C.F.R. Part 61, 14 C.F.R. § 61.3, 14 C.F.R. § 61.113: Privat e Pilot Privileges and

Limitations



### VI. Public Interest



### VII. Privacy



### VIII. Drug and Alcohol Policy



### IX. Federal Register Summary



### X. ConclusionI. 

### Description of Petitioner Hagerstown Community College ( HCC) was founded in 1946 as Maryl and’s first community college. More than 100 programs of study a re available for university tr ansfer, career preparation, or personal development, as well as non-cred it continuing education courses , customized training programs and Washington County’s adult education program. Associate degrees, certificates and letters of recognition are awarded. HCC is accredited by the Middle States Association of Colleges and Schools. Special programs include the Job Training Student Resources for adults in need of immediate job skills and the ESSENCE Program, which enables area high school students to tak e college classes at a discounted rate. The 319-acre picturesque campus encompasses 18 buildings and in cludes a full-service business incubator, numerous gardens, a nd an outdoor amphitheater. The college now serves more than 4,000 students in programs both on and off campus.

II. 

### Description of Proposed Operation Hagerstown Community College int ends to establish a small UAS F light Education Program. This program will introduce students to the elements of small UAS op eration for commercial and non-commercial use, including aeria l data collection, aerial im aging to support its technology education and career education programs. Our propose d UAS training and safety programs will demonstrate how UAS flight operations must fit in to the National Air Space System. All UAS training and instruction activities will occur under tightly controlled conditions on property that is more than five miles from any ai rport and is owned and controlled by Hagerstown Community College. Upon completion of Hagerstown Community College's UAS education program, students will be provided with a Certifi cate of Achievement. This "Certificate of Achievement" does not permit the student to eng age in commercial UAS
activities that are not in accordan ce with the Federal Air Regu lations, but rather, is intended to be an acknowledgement that the student has successfully demo nstrated a thorough understanding of UAS operations w ithin the National Air Space S ystem.

Ill. Vehicle Types and National Airspace System Use

UAS Platforms: Hagerstown Community College p roposes to use the following UAS platforms for its operations under this application: Quantity 20 : DJI Phantom 2 Quantity 1 : DJI Inspire 1

Information for National Airspace System Use:

Approx. distance from Hagerstown Community College, 11400 Robin wood Drive to Hagerstown Airport
10. 6 miles



### I V. 

### Proposed UAS Operations Requirements of Section 333 of the Reform Act

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

In order to assist the FAA in making a safety assessment of Hag erstown Community College's proposed operations, below is a summary of operational limitations and c onditions which will ensure an equivalent or higher level o f safety to operations conducted under current regulatory guidelines:



### • The UAS platforms weigh 55 pounds or less.

### • Maximum total flight time for each operational flight will be l imited to 25% reserve battery power remaining.

• Minimum crew for each operation will consist of the UAS Pilot a nd at least one Visual Observer, and may include a third, but separate, Camera Operato r.

• The Pilot in Control and Visual Observer will have been trained in operation of UAS and receive up to date information for the particular UAS to be ope rated.



### • Flights will be operated within t he visual-line-of sight of a p ilot and an observer.

• Flights will be operated at a n altitude of no more than 400 fee t AGL.

• Flights will be operated at a la teral distance of at least 500 feet from any persons, inhabited structures, vehicles or vessels that are not involved in the inspection unless permission has been receiv ed and appropriate waivers hav e been signed by the persons or propert y owners in advance.

• Flights will be limited to a s peed of 50 mph and vertical ascen t will be limited to 15 mph. • The UAS will be operated and maint ained in accordance with th e requirements of
the Manufacturer's Manuals and a ny manufacturer Safety Bulletin s. • Prior to the operation, the fli ghts will be fully preplanned and briefed, including possible contingencies a nd emergency procedures. • All required permissions and perm its will be obtained from te rritorial, state, county or city jurisdictions, including l ocal law enforcement, fire or other appropriate governmental agencies.
• If the UAS loses communicati on with the PIC, it will have the capability to return to the home launch location or a pre-de termined safe abort locatio n. • Contingency plans will be in pl ace to safely terminate flight if there is a loss of communication between the pilot and the observer. • The UAS will have the capabil ity to abort flight in the case of unpredicted obstacles or emergencies. • All UAS operations will only o ccur in daylight, Visual Flight Recognition ("VFR") conditions. IFR flights are pr ohibited and no flights will occu r at night, or in adverse
weather conditions. • The UAS platforms will be c ontrolled by 1.) Inspire Cl - 2.4 - 2.83 GHz Remote Control System and 2.) Phantom 2 - 2.4 GHz Remote Control Syste m and the radio frequency spectru m used for operation and control of the UA shall comply with the Federal Communi cations Commission ("FCC") or ot her appropriate government oversight agency requirements.

B. Approval is Warranted Based on the Operational Restrictions Operational Safety Assessment Because of the small size of the intended Hagerstown Community College UAS platforms and the controlled environment provided , the proposed operations will a dhere to the Reform Act's safety requirements. The UAS platforms selected by Hagerstown C ommunity College are safe when taking into account their size , weight, speed, and operational capability. The UAS platforms weigh less than four pounds and w ill be flown at less than 35.0 mph outside controlled airspace. Furthermore, the UAS carry neither pilots nor passeng ers, carry no explosive materials and or flammable liqui d fuels, and operate exclusivel y within the parameters stated Manufacturer's Flight Manuals.

The approval of this applicati on presents no national security issues.The intent of the program is to 1) educate the public on the pr oper operations ofUAS platforms; 2) create opportunities to collaborate with federal, state, and local government agencies to safely incorporate UAS platforms into their own wor k; 3) meet or exceed the level of safety surrounding the proposed operations for our stu dents and the public's benefit. The requested exemption is in the public interest. Accordingly, Hagerstown Community College requests that the FAA grant the requested exemptions.

V. Regulations for which Exemptions are Requested
A. 14 C.F.R. Part 21, Subpart H Airworthiness Certificates and 14 C.F.R. § 91.203

In an earlier exemption petition (Exemption No. 

### 1111 0) the FAA has previously determined that no airworthiness certification is required for UAS platforms similar to those that Hagerstown Community College plans to operate. There fore

, we believe that no exemption is necessary from Part 21

, Subpart H.

Given the size and limited operating area associated with the U AS platforms to be used by Hagerstown Community College

, an exemption is warranted from Part 21 Subpart H because the UAS platforms meet the requirement s of an equivalent level of s afety under Part 11 and
Section 333 ofthe FAA Modernization and Reform Act of2012

. The Federal Aviation Act (49 U.S.C.§ 44701(f)) and Section 333 ofthe FMRA both sanction the FAA to exempt aircraft from the requirement for an airworthiness certificate upon consideration of the size, weight, speed, operational capability, and proximity to a irports and populated areas of the particular UAS. In all cases

, an analysis ofthese criteria demonstrates that the UAS operated without an airworthiness certificate, in the restricte d environment and under the conditions outlined in this pr oposal will be at least as safe, or safer, than a conventional aircraft operating with an airworthiness certificate without th e restrictions and conditions proposed.

The Hagerstown Community College UAS Platforms to be operated u nder this exemption:


### 1. weigh less than 55 po unds fully loaded, 2. carry no pilots or passengers , no explosive materials or fla mmable liquid fuels

, 3. will operate exclusively within the operations areas defined in this application

.

Operations under this exemption will be tightly controlled and monitored by the operator.

B. 14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness
Because no airworthiness certificate will be issued for the UAS platforms, Hagerstown Community College requests an exemption from 14 C.F

. R. § 91.7(a), which requires that a civil aircraft be in an airworthy condition to be operated. While Hagerstown C ommunity College's UAS will not have an airworthiness certificate, the FAA has determined that for t he purposes of this exemption the PIC may determine prior to flight activities that the aircraft is in an airworthy
condition. The manufacturer's operating documents c ontain procedures which allow the PIC and observer to determine whether the aircraft is in a condition safe for flight. As a result of this, an exemption from§ 91.7(a) is warranted.

C. 14 C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft and 14 C.F.R. § 91.203{a) and (b): Carrying Civil Aircraft Certification and Registration Section 91.9 (b) (2) provides: No person may operate a U.S. reg istered civil aircraft ... (2) For which an Airplane or Rotorcraft Flight Manual is not required b y §21.S of this chapter, unless there is available in the aircraft a current approved ai rplane or Rotorcraft Flight Manual, approved manual material , markings, and placards, or an y combination thereof.The UAS, given its size and configuration has no ability or pla ce to carry a flight manual on the aircraft, not only because th ere is no pilot on board, but because there is no room or capacity to carry an item of this size on the aircraft. The equivalent level of safety will be maintained by keeping the flight manual at th e ground control poin t where the operator of
the UAS will have immediate access to it.

Pursuant to 14 C.F.R. § 91.203(a) and (b): (a) Except as provided in§ 91.715, no person may operate a civi l aircraft unless it has within it the following: (l) An appropriate and current airworthiness certificate ...

(b) No person may operate a civ il aircraft unless the airworthi ness 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. Given the small size and configur ation of the UAS, it would be impossible to keep
airworthiness documents and othe r aircraft manuals on board the UAS because there is simply no room and the UAS has no cabin or cockpit.

In previous FAA findings, it was acknowledged that the intent o f 14 C.F.R. 91.9(b) and 91.203(a) and (b) is met if the PIC of the UAS has access to th e UAS flight manual, registration certificate, and other required documents from the ground control station from which the aircraft operates. The intent of the rule is to ensur e the pilot has access to these key documents during flight. Therefore, an equivalent level of safety will be achieved by ensuring that the pilot has access to the documen ts at the ground control station from which the UAS is flown

D. 14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a): Aircraft Marking and Identification Requirements Hagerstown Community College seeks an exemption from the aircra ft marking and identification requirements expressed in 14 C.F

. R. §§ 91.9(c), 45.23(b) and 45.27(a). In previous rulings

, the FAA granted exemptions under Section 333 of the Reform Act. The FAA ruled that exemption from these requirements was warranted provided that t he aircraft "have identification (N-Number) markings in accordance with 14 C.F.R Part 45, Subpart C if the markings are as large as practicab le." The UAS platforms operat ed by Hagerstown Community College will bear N-number markings that are as large as practicable in accordance with 14 C

. F.R.
Part 45

, Subpart C.

14 C.F.R. § 91.9(c)

, Civil Aircraft Flight Manual, Marking and Placard Requirements, provides that: No p erson may operate a U.S.-regis tered civil aircraft
unless that aircraft is identified in accordance with Part 45 o f 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 a ircraft near each entrance to the cabin, cockpit, o r pilot station, in letters no t less than 2 inches nor more than 6 inches high, the words "limited," "restricted," "li ght-sport, "experimental," or "provisional," as applicable.

Due to the size of the Hagerstown Community College UAS platfor ms, limited surface area is available and may be too small to display m arkings in standard size. Ther efore, theUAS will display markings on the largest surface area available

. 

### This accommodation should satisfy the requirements outlined in this section and warrant an exemption from the Aircraft Marking and Identification Requirements.

E. 14 C.F.R. § 91

. 103 : Preflight Action This regulation requires each PI C to take certain actions befor e each flight to insure the safety of the flight. It requires a PIC to become familiar with specific information before each flight, including information contained in the FAA-approve d Flight Manual on board
the aircraft. The PIC will take all actions necessary to insure the safety measures are followed including, but not limited to reviewing weather, fligh t battery requirements, landing and takeoff distances and aircraft performance data bef ore initiation of flight 

### In this case an exemption is warranted because FAA approved aircraft flight manuals are not required for UAS flights, and are not provided for the aircraft

.

F. 14 C.F.R. § 91.109(a): Flight Instruction Hagerstown Community College seeks an exemption from 14 C.F.R. § 91.109(a), which provides that, " ... no person may operate a civ il aircraft (except a manned f ree balloon) that is being used for flight instruction unless that aircraft has fully functioni ng dual controls." UAS and remotely piloted aircraft, by their design, do not have functio nal dual controls. Instead, UAS flight control is accomplished through the use of an electronic controller that communicates with the aircraft via radio communications. The FAA has previou sly approved exemptions for flight training without fully functional dual controls for a number of aircraft and for flight instruction using UAS. The equivalent level of safety is provided by the fact that neither a pilot nor passengers will be carried in the aircraft and by the size and speed of the
aircraft. 

### Accordingly, an exemption is 

### warranted for the flight instruction requirements of 14
C.F.R

. § 

### 91.109(a).

G. 14 C.F.R. § 91.119: Minimum Safe Altitudes Hagerstown Community College requests an exemption from the min imum safe altitude requirements
of 14 C.F.R. § 91.119. Section 91.119 prescribes the minimum safe altitudes un der which aircraft may not operate, incl uding 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). Section 91.119(d) allows for a helicopter to operate at less than those minimum altitudes when it can be operated "without hazard to persons or property on the s urface," provided that "each person operating the helicopt er complies with any routes or altitudes specifically prescribed for helicopters by the FAA."

The UAS platforms will be operated in a restricted area that is owned or controlled by Hagerstown Community College. In order to avoid any risk to man ned aircraft, flight operations will be
restricted to 400 feet AGL or below. These restrictions will en sure that the proposed UAS operations are performed in a ma nner that protects the safety o f participants, nonparticipants, the UAS and other property. 

### For these reasons, an exemption is 

### required because the proposed UAS operations will need to occur below 400 feet AGL. Further, due to the nature of the proposed operations, the PIC, observer, instructor, and student may at times be less than 500 feet away from the UAS.

H. 14 C.F.R. § 91.121: Altimeter Setting Section 121 requires each person operating an aircraft to maint ain cruising altitude by
reference to an altimeter that is set "to the elevation of the departure airport or an appropriate altimeter setting ava ilable before departure." An e quivalent level of safety willbe achieved by the operator, pur suant to the manufacturer's man ual, confirming the
altitude of the launch site show n on the G PS altitude indicato r before flight. Accordingly, as the UAS platforms may not have a barometric altimeter, but instead a GPS altitude read out, an exemption is warranted.

I. 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions Section 91.151(a) prohibits an individual from beginning "a fli ght in an airplane under VFR conditions unless (considering wi nd and forecast weather condit ions) there is enough fuel to fly to the first point of intended landing, and, assuming no rmal cruising speed -(1) During the day, to fly after that for at least30 minutes; or (2 ) At night, to fly after that for at least 45 minutes." Hagerstown Community College recognizes that an exemption from 14 CFR §91

. 151(a) falls within the scope of prior exemptions. The technolo gical limitations on UAS battery power means that no meaningful flight operations can be conducted while still maintaining a 30 minute battery reserve. Hagerstown Community C ollege believes that an equivalent level of safety can be achieved by limiting flights to 5 minute s or 25% of battery power - whichever happens first. This restriction would be more than adequate to return the UAS to its planned landing zone from anywhere in its limited operating area. An exemption from the fuel requirements of14 C.F.R. § 91.151(a) is therefore warranted.

J.14 C.F.R. § 91.405(a), 91.407(a)(1), 91.409(a)(1) & (2); 91.4 17(a) and (b): Maintenance Inspections Hagerstown Community College seek s exemption from the maintenan ce inspection requirements enforced in 14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 41 7(a) &(b)

. An exemption from these regulations is needed becau se these sections and Part 43 only apply to aircraft with an airworthiness certificate, which the UAS is not required to have. Maintenance will be accomplished pre and post flight by the operator under the guid ance of the manufacturer's operating manual.

If mechanical issues arise the UAS can land immediately and wil l be flying at a height of 400
feet or less AGL. The PIC will ensure that the UAS is in workin g order prior to initiating flight, perform required maintena nce, and keep a log of any mai ntenance performed. Moreover, the operator is the p erson most familiar with the air craft and best suited to maintain the aircraft in an airworthy condition to provide the equivalent level of safety. An equivalent level of safety will be achieved because maintenance and inspections will be performed in accordance with the UAS Manufacturer's User Manual by the PIC. An exemption from the Maintenance requirements of14 C.F.R. §91.405 (a); 407 (a) (1) ; 409 (a) (2); 417( a) and (b) is therefore warranted.

K. 14 C.F.R. § 61.113 (a) and (b): Private Pilot Privileges and Limitations 14 CFR 61.113 (a) &(b), states that no person who holds a priva te pilot certificate may act as a pilot in command of an airc raft that is carrying passenger s or property for compensation or hire. The proposed UAS operations may achieve a n equivalent level of safety as reached by current regulations because Hagerstown Com munity College's UAS platforms will not carry any pilots or passengers nor property. The risks link ed to the operation of UAS are
far less than the risk levels i nherent in the commercial activi ties outlined in 14 CFR 61. 

### All student instruction flights will be conducted under closely controlled environments, outside of navigable airspace and away f rom persons or property not inv olved in the instruction. In addition, the student instruction flights will be conducted und er the close supervision of a flight
instructor. It is believed that the operation and limitations set forth in this application will equate to the safe operation of the UAS.VI. Public Interest The proposed UAS operations in th is Petition for Exemption supp ort the safe and controlled integration of UAS into the National Airspace System as directe d by the US Congress. Therefore, this groundbreaking ed ucational program will benefit the citizens of Rhode Island in many ways. For the first time, Hagerstown Community C ollege students, the general public,
and commercial interests will ha ve access to programs that demo nstrate the safe and ethical use of UAS platforms for commercial applications and fo r hobby enthusiasts.

The program will utilize Hagerstown Community College's unique niche in the state to create collaborative efforts among members of the aviation community, other academic institutions, and the general public in order to develop a syst em for the safe and ethical use for UAV platforms in the National Airspace System.

If this Petition for Exemption is granted the public as a whole will benefit from the use of best practices for safe and c ontrolled operations training and the identification of the occupational needs of this growing industry.

VII

. Privacy Hagerstown Community College's UAS operations shall be conducte d in accordance with applicable federal, state, or local laws re garding privacy. Hagerstown Com munity College will not conduct flight operations over property that it does not own or control withou t the prior consent and knowledge of the property owner. Hagerstown Community College will not capture o r use images from neighboring properties within the vicinity of UAS flight operat ions.

VIII Drug & Alcohol Programs Hagerstown Community College c urrently has policies in place to ensure that no person may participate in UAS flight operati ons if they are under the infl uence of alcohol or any drug.

IX. Federal Register Summary This summary is provided in the event that publication in the F EDERAL REGISTER is required. Hagerstown Community College's U AS education and training progr am seeks exemption from the following rules of the FAA Modernization and Reform Act of 2012 and 14 CFR Part 11:

A. 14 C.F.R. Part 21, Subpart H Airworthiness Certificates and 14 C.F.R. § 91.203
B. 14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness
C. 14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft and 14
C.F.R. § 91.203(a) and (b): Carrying Civil Aircraft Certification and Re gistration
D. 14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a): Aircraft Marking and Identifica tion Requirements
E. 14 C.F.R. § 91.103: Preflight Action
F. 14 C.F.R. § 91.109(a): Flight Instruction
G. 14 C.F.R. § 91.119: Minimum Safe Altitudes
H. 14 C.F.R. § 91.121: Altimeter Settings
I. 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions 

### J. 14 C.F.R. § 91.405(a), 91.407(a)(1), 91.409(a)(1) & (2); 91.417(a) and (b): Maintenance Inspections

K. 14 C.F.R. Part 61, 14 C.F.R. § 61.3, 14 C.F.R. § 61.113: Private Pilot Privileges
and Limitations

.X. Conclusion

Hagerstown Community College's proposed operations of Unmanned Aircraft Systems in this Petition for Exemption fulfill the conditions expressed in Section 333 o f the Reform Act. In comparable requests made in the past, the FAA has issued exemption for similar crit eria based on the UAS weight, speed, operating capabilities, proximity to airports and populated are as, operation within vis ual line-of-sight and national security. We respectfully submit this Petition for Exe mption because we believe that we have
met or in some cases exceeded the FAA requirements for exemptio n.

In advance, we thank you for your thoughtful consideration of t he requested exemptions.

In the event that you have any questions, or if you need additi onal information to support the requested exemptions, please do not hesitate to contact the undersigned:

Daniel T. Vogel Director, Technology and Computer Studies Hagerstown Community College

11400 Robinwood Drive
Hagerstown, MD 21742‐6514 Phone: (240) 500‐2402 Website: www.hagerstowncc.edu/tcs
Email: dtvogel@hagerstowncc.edu



## Attachment: Manuals

Attachment: Regional Map of Campus & Nearest Airport