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Mark E. McKinnon

703.336.8708
Matthew J. Clark

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

June 18, 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, University of Iowa ( U I ) hereby applies for a Summary Grant of Exemption

from the Federal Aviation Regulations (FAR s ) 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 r esearch operations

. U I 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 material respects to thos e presented herein.

In addition to this Petition for Exemption, U I will also submit The University UAS Operations Manual under separate cover. U I submits this Operations Manual as a confidential document under separate cover pursuant to 14 C.F.R. § 11. 35(b), as the material contain confidential commercial and pr oprietary information that U I has not and will not share with others. The information contained in the Operations Manual is not generally available to the public and is protected from release un der 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 Iowa for Summary Grant of Exemption Pursuant to

Section 333 of the FAA Modernization and Reform Act of 2012U.S. Department of Transportation

June 1 8 , 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

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

III. R ELEVANT S TATUTORY A UTHORITY

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

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

OF THE R EFORM A CT

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

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

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

B. Approval is Warranted Based on the Operational Restrictions in UI's Operating Documents

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

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

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

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

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

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

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

C. 61.23(a) and (c), 61.113, 61.101(e)(4) and (5), 61.315: Private,

Recre ational and Sport Pilot Medical Certificate, Privileges and

Limitations

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

D. 91.7(a): Civil Aircraft Airworthiness

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

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

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

F. 91.103: Preflight Action

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

G. 91.109(a): Flight Instructio n

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

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

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

I. 91.121: Altimeter Settings

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

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

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

VI. D RUG AND A LCOHOL P ROGRAM

................................ ................................ ...................... 15

VII. P UBLIC I NTEREST

................................ ................................ ................................ .............. 15

VIII. P RIVACY

................................ ................................ ................................ ............................ 15

IX. F EDERAL R EGISTER S UMMARY

................................ ................................ ........................ 15

X. C ONCLUSION

................................ ................................ ................................ ..................... 16U.S. Department of Transportation

June 1 8 , 2015 Page 3

I. B ACKGROUND & D ESCRIPTION OF P ETITIONER

The University of Iowa beca me Iowa's first public university on February 25, 1847, 59 days

after Iowa became a state. A member of the Big Ten conference since 1899 and of the Association of American Universities since 1909, UI ’s strategic plan i s dedicated to advancing scholarly and

creative endeavor s through leading

- edge research and artistic production. Today, with more than 31,000 students, it is one of the nation’s top public research universities and home to one of the nation’s largest academic medical centers, the Iowa Writers’ Workshop, and other internationally renowned programs in the sciences, medicines, arts, and humanities.

UI has a legacy of groundbreaking work in space scie nce, engineering, and medicine and is emerging as a national leader in transportation safety and human factors research. This effort is being spearheaded by researchers across disciplines including many affiliated with the university’s National Advanced Driving Simulator, the Operator Performance Laboratory, the Virtual Soldier Research program, and t he Public Policy Center, increasingly in partnership with the automotive, autonomous vehicle, and aviation industries; the U.S. military; NASA; and law enforcement agencies.

Situated in one of the nation’s most agriculture

- intensive states, UI is also br inging its research expertise to bear on challenges and opportunities related to precision farming, natural resource management, and flood mitigation. After a devastating flood impacted the campus and state in 2008, the university created the Iowa Flood Ce nter, which is developing computer models using

real

- time weather information and data from sensors installed under bridges across the state.

For these reasons, UI seeks an exemption for commercial operations of small UAS for the purpose of conducting ae rial data collection, such as aerial imaging, remote sensing and surveying in support of its educ ational and research programs. New UAS technologies will significantly enhance and accelerate research and innovation by providing unprecedented opportunitie s to capture data that is too costly, dangerous, or impractical to gather with current tools and means.

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

The contact information fo r Petitioner is as follows:

Adwin L. Hesseltine Deputy Counsel

Office of General Counsel University of Iowa 120 Jessup Hall Iowa City, Iowa 52242

- 1316

Phone: (319) 335

- 2742U.S. Department of Transportation

June 1 8 , 2015 Page 4

II. D ESCRIPTION OF P ROPOSED O PERATION

UI seeks an exemption pursuant to Sec tion 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, bu t is not limited to: engineering and avionics development, aerial surveying and remote sensing

, aer ial photography and videography

, sensor research, mapping applications, photogrammetry, precision agriculture, geosciences, geography, environmental monitori ng , natural resource management/exploration, climate studies, infrastructure m onitoring / inspection

, flood and disaster mitigation, wildlife/forestry management , and first response research

. Aerial data collected by UI 's UAS would also be used to promote a nd market UI , as well as support student re creational and sport activities.

All of the UAS platforms UI intends to use have been approved for commercial use in other grants of exemption

, including the DJI Phantom II Vision+, DJI F550 FlameWheel

, 3D Robotics

Iris+

, Ai rCover QR425s, Tarot t960 , and Pulse Aerospace Vapor 55

. As set forth below, the FAA has previously determined that these vehicles meet the criteria established in Section 333 of the

Reform Act and are suitable platforms for performing aerial data collection.

In a ddition, UI has a proven track record of safe UAS operations. The FAA has issued

Petitioner several Certificate of Waiver or Authorizations (COAs) for research activities located in areas under the jurisdiction of the Cedar Rapids Air Traffic Control Tow er and the Minneapolis Air

Traffic Control Center :

 COA No. 2014

- CSA

- 13 : Operation of the AirCover 425, UAS in Class G airspace below 400 AGL (1200 MSL) located approximate ly 8 miles northwest of the IOW VORTAC fully

contained within the Redbird Ranch area under the jurisdiction of Cedar Rapids Air Traffic

Control Tower.

 COA No. 2014

- CSA

- 18 : Operation of the Flame Wheel 550, UAS in Class G airspace at or below 400 AGL airspace in the vicinity of Johnson County, University of Iowa Hospitals &

Clinic No2 und er the jurisdiction of Cedar Rapids Approach Control.

 COA No. 2014

- CSA

- 28 : Operation of the A ir C over 425, UAS in Class G airspace below 1740 MSL in the vicinity of L one Tree, Iowa under the jurisdiction of Minneapolis Air

Traffic Control Center.

 COA No. 20 14

- CSA

- 29 : Operation of the AirCover 425, UAS in Class G airspace below

1800 MSL in the Willow test range near Wasta, Iowa under the jurisdiction of Minneapolis

Air Traffic Control Center.

 COA No. 2014

- CSA

- 84 : Operation of the AirCover 425, UAS in Class G airspace below 1800 MSL in the vicinity of Rembrandt, I owa under the jurisdiction of Minneapolis Air

Traffic Control Center.

UI is committed to maintaining the highest standards of flight safety , and will leverage its knowledge and experience gained opera ting UAS under its public COAs to ensure that the proposedU.S. Department of Transportation

June 1 8 , 2015 Page 5
operations are conducted safety. All UAS operations will be performed in accordance with the accompanying UI operating documents, and in accordance with the requirements of an applicable

COA. Amo ng other things, and as detailed in the operating documents, all UAS operations will occur in uncontrolled airspace, within visual line

- of

- sight (VLOS) of the pilot and visual observer, and will be limited to daytime VFR conditions. Moreover, UI 's operati ng documents incorporate redundant safeguards to enhance safety.

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

sup port 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 courses 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 curriculum (Docket No. FAA

- 2014

- 0732).

The low

- risk UAS operations proposed by UI 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 UTH ORITY

This Petition 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 proximity 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 minimu m standards when 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 se q. ). A party requesting 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

June 1 8 , 2015 Page 6

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

UI 's proposed operations in this Petition for Exemption qualify for expedited approval via the

summary grant process pursuant to S ection 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 Warranted Based on the UAS's Size, Weight, Speed, and Operational Capability

The FAA is familiar with and has already determined that all s ix of the vehicles chosen by UI

meet the requirements of Section 333 of the Reform Act due to their we ight, speed and operational capabilities : the DJI Phantom II Vision+, DJI F550 FlameWheel

, 3D Robotics Iris+

, Ai rCover QR425s, Tarot t960 , and Pulse Aerospace Vapor 55

. See e.g.

,

 DJI Phantom 2 Vision+: Exemption No. 11224 to NextEra Energy, Inc.; Exemption No. 11230 to Montico, In c.; Exemption No. 11228 to Steven Zeets ; Exemption No. 11218 to Saratoga Aerial Vehicle; and Exemption No. 11215 to Mike Johnson

 DJI F550 FlameWheel : Exemption No. 11397 to Colorado Cartographics ; Exemption No. 11312 to Southgate Films Inc.; Exemption No . 11430 to Aerial Optics; Exe mption No. 11378 to Shanon Kern; and Exemption No. 11 318 to Micro Drone Vision, Inc.

 3D Robotics Iris+ : Exemption No. 11273 to AIG PC Global Services, Inc. ; Exemption No. 1141 to Douglas R. Dorrer ; and Exemption No. 11204 to Build Imagery, LLC

 AirCover QR425s : Exemption No. 11353 to Union Pacific Railroad; and Exemption No.

427 80 to Jackson Family Vineyards

 Tarot t960 : Exemption No. 11221 to MicroCopter Professional Services, Inc.

 Pulse Aerospace Vapor 55 : Exemption No. 11241A to Phoenix Air UNMANNED, LLC ; and Exemption No. 11238A to San Diego Gas & Electric Company

The FAA has found the following shared charac teristics of the DJI Phantom II Vision+, DJI

F550 FlameWheel

, 3D Robotics Iris+

, Ai rCover QR425s, Tarot t960 , and Pulse Aerospace Vapor 55 to warrant approval for a grant of exemption:

 They all weight less than 55 pounds in cluding payload;

 They all have the capability to operate safely after experiencing certain in

- flight contingencies or failures and uses an auto

- pilot system to 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 aircraft performing a similar operation and mitigate the risk of

command and control link failures ;U.S. Department of Transportation

June 1 8 , 2015 Page 7

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

 The UAS all operate at a speed of 87 knots or less.

B. Approval is Warranted Based on the Operational Restrictions in UI 's Operating Documents

The University UAS Operations Manual and the manufacturer's manuals for the selected UAS platforms (hereinafter collectively referred to as "operating documents") contain all the procedures and limitations necessary to safely a nd successfully perform the proposed operations

. To expedite the FAA's safety assessment of UI 's proposed UAS operations, UI has tailored its operating

documents to comply with the condition s and limitations imposed on similarly situated petitioners

seeki ng to use small UAS for aerial data collection. See e.g., Grant of Exemption No. 11552 issued to Sinclair Community College, Docket No. FAA

- 2015

- 0374. In particular, the operating documents contain systems and procedures to permit UI to comply with the c onditions 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 and minimum standards when the Administrator decides a requested exemption is in the public interest. 1

UI seeks an exemption from several interrela ted provisions of 14 C.F.R. Parts 45, 61 and 91 for purposes of conducting the requested operations using small 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);

9 1.409(a)(1) and (2); 91.417(a) and (b) Maintenance and Inspection Req ui rements

61.23(a) and (c), 61.113 ; Private, Recreational and Sport Pilot Medical Certificate,

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

June 1 8 , 2015 Page 8

61.101(e)(4) and (5) , 61.315 Privileges and Limitations

91.7(a) Civil Aircraft Airwor thiness

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

the Aircraft

91.103 Preflight Action

91.109(a) Flight Instruction

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

91.121 Altime ter Settings

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

Listed below are the specific sections 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 45.27(a): Aircraft Marking and Identification Req ui rements

UI 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 wit h 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

prov isionally certificated aircraft, the operator must also display on that aircraft near

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 ex emption.U.S. Department of Transportation

June 1 8 , 2015 Page 9
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,
"ex perimental," or "provisional," as applicable.

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

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 pri or grants of exemption under Section 333 of the Reform Act , the FAA determined that exemption from these req 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 ma rkings are as large as practicable." 3 All UAS flown by UI 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 Inspec tions

UI 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. P art 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 w ill be achieved because maintenance and inspections will be performed in accordance with the operating documents 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 components. Maintenance will be performed and verified to address any conditions potentially affecting safe operation of the UAS and no flights will occu r unless, and until, all flight critical components of the UAS have been found to be airworthy and in a condition safe for operation. A functional test flight will be conducted following the replacement of any flight

- critical components. As req ui red by t he operating documents, the PIC who conducts the functional test flight will make an entry in the UAS aircraft 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 operating documents also include procedures to document and

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

June 1 8 , 2015 Page 10
maintain a record of the UAS maintenance, preventative maintenance, alterations, status of replac ement/overhaul component parts, and the total time in service of Petitioner's UAS . As a whole, the maintenance 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.

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

UI seeks exemption from these sections , which restricts private

, recreational or sport pilot

certificate holders fr om 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 r ing certifications if the private pilot is carrying passengers or cargo for hire. In this case, while the 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 airspace 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 Ce rtificate. 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 determin ed 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 a nd other operators in more recently granted exemptions under

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

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

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

ensure at least an eq ui valent level of safety.

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

June 1 8 , 2015 Page 11

D. 91.7(a): Civil Aircraft Airwo rthiness

Inasmuch as there will be no airworthiness certificate issued for the UAS, UI seeks an exemption from 14 C.F.R. § 91.7(a), which req ui res that a civil aircraft be in an airworthy condition 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 pilot may determine the aircraft is in an airworthy condition prior to flight. The operating documents contain procedures which allow the

PIC to determine whe ther the aircraft is in a condition safe for flight, and an exemption from § 91.7(a) is therefore warranted.

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

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

airworthiness documents 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 there is available in the aircraft a current approved Airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any

combinati on thereof.

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

(a) Except as provided in § 91.715, no person may operate a civil aircraft unless it has within it the following:

(1) An appropriate and current airworthiness certificate...

(b) No person may operate a civil aircraft unless the airworthiness certificate 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 smal l size and configuration of the UAS, it would be impossible to keep airworthiness documents and other 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 isU.S. Department of Transportation

June 1 8 , 2015 Page 12
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 fl ight. Therefore, an eq ui valent level of safety will be achieved by ensuring that the pilot has access 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

ne cessary 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. T he PIC will perform a series of checklists designed to identify any defects or inoperable components, 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 charg e, landing and takeoff distance, UA performance data, and contingency landing areas

— before initiation 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), which 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 t hat aircraft has fully functioning dual controls." UAS and remotely piloted aircraft, by their design, 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 rements of 14 C.F.R. § 91.109(a).

8 Memorandum f

rom 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.

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: Certifications required. The FAA has previously determined that relief from these

sec tions 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

June 1 8 , 2015 Page 13
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 operating documents, all persons will be a safe distance away in the event that the UAS experiences any difficulties during flight instruction. Moreover, all f light 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.

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

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

91.119 (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 per son, vessel, vehicle, or structure

in non

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

An exemption 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 operatio ns, the PIC and/or

Observers may need to be less th an 500 feet away from the UAS. Compared to flight operations with rotorcraft weighing far more than the maximum weights proposed herein, and given the lack of flammable fuel with the UAS, any risk associa ted 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 400 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 o f 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 termi nated if a nonparticipating person within 500 feet of the UAS leaves a shielded position. Further, 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 ma de a safety assessment of the risk of operating closer to those objects

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

Adherence to these restrictions in UI 's operating documents will ensure the proposed operati ons can be conducted without compromising safety to persons or property on the ground.

I. 91.121: Altimeter Settings

To the extent necessary for UI 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

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

June 1 8 , 2015 Page 14

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 operated 400 feet AGL or below, (2) within VLOS, (3) where GPS based altitude information is relayed in real time to the 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 characterist ics. 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 p rocedures contained in the operating documents, ensure that an eq ui valent level of safety will be 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

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

conditions. 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 i s enough fuel to fly to the first point of intended landing and, assuming normal cr ui sing speed

–

(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 limitati ons on UAS battery power means that no meaningful flight operations can be conducted while still 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 gran ted relief from the fuel requirements of § 91.151(a) for flight in daytime VFR conditions in circumstances 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 proh ibiting

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

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 rese rve power recommended by the manufacturer if greater

, would ensure an equivalent level of safety to the fuel requirements of §

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

- 06 42.U.S. Department of Transportation

June 1 8 , 2015 Page 15
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

.

VI. D RUG AND A LCOHOL P ROGRAM

UI will have 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

Th e public interest will be served by granting UI 's Petition for Exemption. Congress has established a national policy that favors early integration of UAS into the NAS in controlled, safe working environments such as those proposed in this Petition. Grant ing this Petition for Exemption helps fulfill Congress' goal in passing Section 333(a) through (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 rulem aking.

Beyond increased levels of safety, t he public stands to benefit enormously from the education, research and community outreach programs supported by the proposed operations in this Petition for Exemption . Whether it i s studying the best ways to respond to natural disasters like

floods

, or researching ways for farmers to produce better crops in a more sustainable and environmentally conscious manner, the public as a whole will benefit from the information gathered

and studied as part of the educat ion 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. UI 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 following 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).

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

June 1 8 , 2015 Page 16
The exemption will enhance safety by reducing risk to the general public and property

owners from the substa ntial hazards associated with using conventional fixed

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

.

X. C ONCLUSION

The proposed 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 UI in this Petition for Exemption. In consideration of the foregoing, UI 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 th e requested exemptions, please do

not hesitate to contact us.

Very truly yours,

Mark E. McKinnon

Matthew J. Clark

Counsel for University of Iowa

Attachments

(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 should be held in a separate file pursuant to 14 C.F.R. § 11.35(b)).

Attachm ent :

 The University UAS Operations Manual