Re

1200 New Jersey Ave. SE

Washington, DC 20590

Amended Petition of Cal Poly Pomona Foundation, Inc. for Exemption from FederalAviation Regulations Pertaining to Unmanned Aircraft Systems

D o c k et N o. F,q,q- 2 0 I 5 - 6 3 6 6 (Exp e d ít e d/S u mmary App r ov al Re q u e s t e d)

Dear Ladies and Gentlemen:

Cal Poly Pomona Foundation, Inc. ("Petitioner"), which is an auxiliary corporation of the

California State Pol¡echnic University, Pomona ("Cal Poly Pomona"), through its undersigned

counsel, Greenberg Traurig, LLP, respectfully submits to the Federal Aviation Administration

("FAA") this Amended Petition for an exemption from the Federal Aviation Regulations

("FARs") set forth below. This Amended Petition is made pursuant to Section 333 of the FAAModernization and Reform Act of 2012 (*FMRA") (Pub. L. 112-95), in order to conductoperations employing Unmanned Aircraft Systems ("UAS"). This Amended Petition supersedes

the Petition that was filed on September 18, 2015 in Docket No. FAA-2015-6366. The purpose

of filing this Amended Petition is to voluntarily provide additional information to the FAA thatsupports the FAA approving the exemptions as requested on a suÍrmary or expedited basis.

As described in detail below, the requested exemption would allow for the operation of

certain small UAS in support of education for students working towards a four-year degree inaeronautical engineering at Cal Poly Pomona. Granting this Petition is in the public interest

because it would improve education, development and safety with respect to UAS in the United

States. Expedited approval is requested because classes are already underway and "hands on"

experience will help students complete their course of study.

l. B¡.srs Fon PnuuoN AND AurnoRrry FoR GRaxrrNc ExnuprroN

This Petition is submitted pursuant to Section 333 of the FMRA, which directs the

Secretary of Transportation to determine whether "certain unmanned aircraft systems may

operate safely in the national airspace system" before completion of the rulemaking or otherguidance mandated elsewhere in the FMRA. FRMA $ 333(a).

Pursuant to the Federal Aviation Act, the FAA possesses the authority to grant the

exemption requested herein. See 49 U.S.C. $ 44701(Ð ("The Administrator may grant anexemption from a requirement of a regulation prescribed under subsection (a) or (b) of this

section or any of sections 4470244716 of this title if the Administrator finds the exemption is in

the public interest."); see also 49 U.S.C. $$ 106(Ð, 40113,44704,44711.

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services to Cal Poly Pomona and no other entity. Cal Poly Pomona is one of 23 campuses of the

California State University system of higher education. Cal Poly Pomona offers degrees in manydisciplines and is often recognized as providing well-educated and well-equipped graduates fromits College of Engineering. Cal Poly Pomona has a long standing educational philosophy of"learning by doing."

b. Petitioner's Contact Information

PetitionerMr. Dennis Miller

Cal Poly Pomona Foundation, Inc.3801 V/. Temple Ave, Bldg. 55

Pomona, CA9l768

909-869-2958

dennismiller@cpo.edu

3.

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Dr. Frank Ewers

Chair of UAV CommitteeCalifornia State Pol¡echnic

University, Pomona

3801 W. Temple Ave, Bldg. 1

Pomona, CA 91768

909-869-4132

fwewers(ôcpp.edu

Counsel

JeffJoynerAdam SieglerRobert Gruber

Greenberg Traurig, LLP

1840 Century Park East, Suite 1900

Los Angeles, CA 90067Tel: (310) 586-7700Email: ioyneri .com

INorx or Exnrsrrs/ENcr,osunns: Supronrrxc .{xo TncHNrc.{L DocuùrnNrlrroN

(To BB Dpuvnnnr Uxrnn Snpln¡rn ArucnunNrl

Exhibit 1: GWS Slow Stick Park Flyer Manual and AMA Park Flyer GuidelinesExhibit 2z DJI Phantom II Operating ManualExhibit 3: Sig Kadet Senior ManualExhibit 4: 3DR X8+ ManualExhibit 5: Cal Poly Pomona Foundation - UAS Operations Manual dated Dec. 1, 2015Exhibit 6: UAS LogbookExhibit 7: Aerial Map Depicting Operation SitesExhibit 8: Summary for Federal Register (should publication be necessary)
tunnel project and a radio-controlled aircraft project. Both course projects are designed to give

students an initial level of understanding of the aeronautical engineering field; consistent withCal Poly Pomona's philosophy of "learning by doing," being involved in flight in some manner

is an essential experience to the students enrolled in this course.

Petitioner seeks exemption from the FARs outlined below, pursuant to FMRA Section

333 ("Section 333") and the FAA's general exemption authority under 49 U.S.C. $ 44701(f), to

permit Petitioner's use of small UAS for educational, coÍrmercial operations - namely,

demonstration flights and/or aerial data collection related to the coursework described above.Petitioner's operations will be conducted consistent with the conditions outlined herein and thoseestablished by the FAA.

5. Rnounsr Fon ExpnorrnD APPRovAL

Petitioner respectfully requests that its exemption be granted without delay. The purpose

of this Amended Petition is to provide the complete detail necessary for summary review andapproval by the FAA.

a. The Petition Is Similar To Other Petitions That Have Been Granted

On April 9,2015, the FAA announced a "summary gtaÍrt" process to expedite Section

333 exemption approvals for commercial UAS operators whose petitions request exemptionssimilar to ones already granted by the FAA. See FAA Summary Grants Speed UAS Exemptions,

Feo. AvnrIoN ADMIN., http://www.fàa.gov/news/updates/?uewsld:82485 (last modified Apr. 9,

2014,3:ll.49 p.m.) ("Although the FAA still reviews each Section 333 petition individually, the

agency can issue a summary grant when it finds it has already granted a previous exemption

similar to the new request.").

The FAA has granted numerous exemptions similar to that requested by Petitioner here.

By way of example, Grants of Exemption Nos. 12656 to Duke University (søe Docket No. FAA2015-1679), 11552 to Sinclair Community College (see Docket No. FAA-2015-0374),12447 to

Cochise College (see DocketNo. FAA-2015-0812), and 14279 to the University of Maine (see

Docket No. FAA-20I5-4947), approved petitions to conduct similar operations to those outlinedhere, including demonstration flights for aerial data collection, education, and training purposes.The FAA confirmed, in these Grants, that the enhanced safety achieved using UA with the

specifications described by Petitioner and carrying no passenger or crew - as opposed to manned

aircraft of greater size carrying participants and flammable fuel - constituted good cause to find

that the proposed operations were in the public interest.

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6. Gn¡NrrNc Tsn ExnvrrrroN Is IN Tur Punuc Ixrnnrsr

Granting this exemption is in the public interest, because: (l) the exemption will provide

educational and scientific benefits, furthering the public interests of innovation and safety inaviation; (2) the exemption is of the type authorized and contemplated by the FMRA; and (3) theexemption þursuant to the conditions outlined below) anticipates issuance of regulations by the

FAA permitting commercial use of UAS under the same or similar conditions. Granting the

exemption will provide a safe opportunity for the innovation and development of UAS and for

the education of the designers, engineers, and scientists who will continue to develop thistechnology and advance the field of aviation.

Petitioner's proposed operations will provide the following significant benefits to the

public interest, among others:

The commercial use of UAS in support of a degree in Aeronautical Engineering provides

practical exposure, to course participants, to the field of aeronautics. That exposure is

critical to understanding the concepts and theories learned in the classroom environment.Throughout the degree program, participants are exposed to all facets of aeronautics andastronautics, from how craft fly to how they are powered, the material from which theyare made, and the systems which control those crafts. In order to teach these topics, it isessential to provide students with "hands-on" experience observing actual flights.V/hile exposing students to conventional flight in a small manned aircraft is one option,

that approach is time consuming, expensive, and presents greater risk to the public andparticipants compared with exposing students to flight with a small UAS.

Petitioner's use of UAS (as opposed to manned aircraft) will best provide a reduction incosts and in time to conduct the practical work related to flight/aviation.

Petitioner's use of UAS (as opposed to manned aircraft) will decrease congestion in the

National Airspace System and reduce the noise and air pollution generated duringtraditional manned aircraft flight operations.

Petitioner's use of UAS (as opposed to manned aircraft) will substantially reduce oreliminate the risk to life and property, in the air and on the ground, which is commonlyassociated with traditional manned aircraft flight operations and general aviation.

Approval of this exemption would thereby enhance safety and fulfill the Secretary of

Transportation's (the FAA Administrator's) responsibilities under Section 333(c) of the FMRA

(requiring the establishment of "requirements for the safe operation of such ahcraft systems in

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14 CFR Part2714 CFR 4s.23(b)14 CFR 61.113(a) & (b)14 CFR 61.133(a)14 CFR 91.7(a)14 CFR e1.e(bx2)14 CFR 91.10314 CFR 91.10514 CFR 91.10914 CFR 9r.tr914 CFR 9r.t2t14 CFR 91.r5114 CFR et.203(a) & (b)14 CFR 9r.40s14 CFR 9r.40714 CFR 9t.40914 CFR 9t.4r7

(Airworthiness Standards : Normal Category Rotorcraft)(Display of Marks)(Private Pilot Privileges and Limitations: Pilot inCommand)(Commercial Pilot Privileges and Limitations)(Civil Aircraft Airworthiness)(Civil Aircraft Flight Manual, Marking)(Preflight Action)(Flight Crewmembers at Stations)(Flight Instruction)(Minimum Safe Altitudes)(Altimeter Settings)(Fuel Requirements for Flight in VFR Conditions)(Civil Aircraft : Certifi cations Required)(Maintenance Required)(Operation after Maintenance, Preventive Maintenance,

Rebuilding, or Alteration)

(Inspections)(Maintenance Records)

8. UAS Dnr¿,tl.s AND Pnorosno Oprn¡.rroxs

The proposed operations in this petition for exemption qualify for expedited approval

under Section 333 of the Reform Act. Each of the statutory criteria and other potentially relevant

factors are satisfied, for the reasons discussed below.

The proposed operations would permit the use of relatively inexpensive, small UAS

under controlled conditions in airspace that: (1) is limited to participants; (2) is predetermined;

(3) is away from populated areas; and (4) would provide an increased level of safety beyond that

existing when fixed or rotor wing aircraft are used to accomplish the same purpose.

^. Equivalent Level Of Safetv

Petitioner's proposed operations will not adversely affect safety and, in fact, will enhance

safety compared to those required by the FARs for which exemption is sought. See PublicGuidance þr Petitions þr Exemption Filed under Section 333, available at httg://www.fba.qov/uas/leeislativejrograms/section_333/how-to-file-a petition/media/section

333Jublic_guidance.pdf (Rev. Sept. 25, 2014) ("Petitioners should desuibe how the proposed

operation(s) would not adversely affect safety, or how they would provide a level of safety atGREENBERG TRAURIG, LLP T ATTORNEYS AT LAW ¡ WWW.GTLAW.COMLA 132433037v9
b. Pilot And Observer Certification

The Pilot in Command ("PIC") will have at least a Sport Pilot License, will hold a valid

driver's license, and will have previous experience both with UAS generally and with the UAS

type being piloted.

The Visual Observers ("VOs"), and any Sensor Operator ("SO") utilized, will also hold a

valid driver's license, will be trained in the operation of UAS generally, and will have receivedup-to-date information on the particular UAS being piloted.

c. Summarv Of Aircraft And Operations

Petitioner's UAS are small rotorcraft and fixed-wing, model airuaft, each weighing

typically less than 2 lbs., and always less than 15 lbs., including payload. They would operate at

a speed of no more than 50 knots.

The UAS for which Petitioner requests exemption include: (1) a DJI Phantom Il,; (2) a

Sig Kadet Senior; (3) a Grand V/ing System ("GWS") Slow Stick Park Flyer; and (4) a 3DR

X8+. These UAS - and their specifications - are described more thoroughly in Exhibits 1-4.

The principal construction materials of the UAS are foam, carbon fiber, aluminum, balsa, and/or

plastic.

Operations will be performed by a qualifred UAS PIC to ensure that the UAS will "not

create ahazard to users of the national airspace system or the public" as required by Section 333.Given the small size of the UAS involved and the pre---planned environment within which they

will operate, Petitioner believes that these operations fall squarely within thatzone of safety (an

equivalent level of safety) in which Congress envisioned that the FAA must, by exemption,allow commercial operations of UAS to commence immediately. Also, due to the size of the

UAS and the pre-defined, restricted areas in which the UAS will operate, approval of the Petitionpresents no national security issue. The operation of UAS by knowledgeable professionals will

serve to enhance safety, add to the public benefit, and reduce environmental impacts related to

current methods of manned aircraft flight operations.

d. Petitioner's Flisht Operations Manual:

Petitioner will comply at all times with the procedures outlined in the Aircraft Flight

Operations Manual attached hereto as Exhibit 5.

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o Adhere to data protection procedures for video (if any) taken in flight.o Exercise due care with respect to the privacy of individuals in residences and

apartment buildings on adjacent properties (if any).

f. Snecific Operatins Limitations And Conditions:

Petitioner, and its employees acting as the PIC and/or an observer, agree to be bound to

the following limitations and conditions when conducting commercial operations under a FAAissued exemption:

Aircraft Characteristics

Operations authorized by this grant of exemption are limited to the following

Unmanned Aircraft ("U4"): (1) a DJI Phantom II; (2) a Sig Kadet Senior; (3)a Grand Wing System ("GWS") Slow Stick Park Flyer; and (4) a 3DR X8+.UA (aircraft and payload) will weigh less than 15 lbs.

FlightÆerformance Limitations

o UA will be operated at altitudes not greater than 400 feet above ground level

("AGL") or any lower altitude delineated by an operative Letter of Agreement("LOA") or Certificate of Waiver or Authorization ("COA").

o Altitudes reported to air traffic control ("ATC") will be in feet AGL.. UA will be flown at ground speeds not greater than 50 knots.

Flight Location and Permissions

UAS operations will occur within Class D airspace and will be limited to Cal

Poly Pomona property - specifically, the ooareas of operation" delineated inExhibit 7 hereto. Petitioner and controlling agency Brackett Field (KPOC)will enter into a letter of agreement prior to commencing any UA operations.ATC at Brackett Field will be notified at least 5 business days prior to any

planned operation.

Operational Limitations

UAS flights will operate within visibility and cloud clearance requirements

equivalent to Visual Flight Rules ("VFR").

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UA will be operated within visual line of sight ("VLOS") of the PIC at alltimes. The PIC will use human vision unaided by device other than corrective

lenses.

UAS operations will employ at least 2 VOs. The VO may be used to satisfrthe VLOS requirement as long as the PIC maintains VLOS capability. TheVOs and the PIC must be able to communicate verbally for the duration of the

flight. Electronic messaging or texting will not be permitted during flightoperations.The VOs will perform no duties other than assisting the PIC in seeing andavoiding other aircraft, obstacles, þersons or property.

Technological Capabilities, Preflight Requirements, and Failsafes

UAS will utilize GPS navigation, failsafes, return-to-home ("RTH")

capability, and flight abort safety features.Prior to each flight the PIC will inspect the UAS to ensure it is in a conditionfor safe flight. Checklists developed from manufacturer operating documents

will be the basis for this inspection. If the inspection reveals a condition that

affects the safe operation of the UAS, the aircraft will not be operated until

necessary maintenance has been performed and the UAS is found to be in a

safe condition for flight.

All UAS operations will be conducted over remote and sparsely populated Cal

Poly Pomona property. Permission for flight will be obtained in advance from

the property owner and the appropriate controlling agency.

Flight boundaries will be established for each flight, and will be selected so as

to ensure that the UA will pass no closer than 500 feet from nonparticipatingpersons, as well as from vehicles or structures (except where permitted by the

owner, in which case the PIC will conduct an appropriate safety assessment).If the UAS loses communications or loses GPS signal, the UA will return to a

predetermined location within the established flight boundary and land or be

recovered in accordance with manufacturer operations documents.

The PIC will abort any flight in the event of unpredicted obstacles, occuffenceof adverse weather or loss of UAS flight control capability, in accordance

with manufacturer operations documents.

The PIC is prohibited from beginning a flight unless - taking into account

wind and weather conditions - there is enough power to fly the planned routeto the intended landing point and land the UAS with 25%o of battery capacityremaining.

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A Flight Operations and Maintenance Log will be maintained for each UAS.

Cumulative flight hours, maintenance activities, repairs, alterations, and

inspections will be noted.

Any UAS maintenance or alterations that affect UAS operation or flight

characteristics, e.g. replacement of a flight critical component, must undergo afunctional test flight. The PIC who conducts the functional test flight mustmake an entry in the Flight Operations and Maintenance Log.

9. ExsiuprroN FRoM ArnwonrruNuss RneurnnuENTS - DrscussroN OF SpECIFIC

Rncur,nroRY Ex¡prprroNs Soucnr

Ð. 14 CFR Part2l, Subpart H And 14 CFR S 91.203(aXl)

(Airworthiness Certificatel

The FAA has stated that no exemption is needed from these sections if a finding is made

under 14 CFR Part 11 and Section 333 of the Reform Act that the UAS provides an equivalent

level of safety when compared to civil aircraft normally used for the same application. Petitioner

submits that given the small size of the UAS, the limited and closed operating areas, and the

operating procedures described above, an equivalent level of safety will be obtained andexemption is not required. See Grant of Exemption to Astraeus Aerial, Docket No. FAA-2014-

0352, at 14. If, however, the FAA determines that there are some characteristics of the chosen

UAS that fail to meet the requirements of the Reform Act, an exemption is requested.

b. 14 CFR Part 27 - Airworthiness Standards: Normal Catesorr Rotorcraft

14 CFR Part27 sets forth the procedural requirements for airworthiness certification of

normal category rotorcraft. To the extent that Petitioner's UAS would otherwise requirecertification under Part27, Petitioner seeks exemption for the same reasons identified in the

request for exemption from 14 CFR Part2I, Subpart H (immediately above).

c. 14 CFR 88 45.23 (a)ftìAnd 91.9 (c) - Markine Of The Aircraft

Section 45.23 provides: (a) Each operator of an airøaft must displøy on that airuaft

marlcs consisting of the Roman capital letter "N" (denoting United States registration) followed

by the registration number of the aircraft. Each suffix letter used in the marl<s displayed must

also be a Roman capital letter. þ) When marks include only the Roman capital letter "N" and

the registration number is displayed on limited, restricted or light-.sport category aircraft or

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that aircraft is identified in accordance with part 45 of this chapter.

Petitioner's UAS have no entrance to the cabin, cockpit or pilot station on which markings

can be placed. Given the small size of the UAS, two-inch lettering will not be possible. In a

previous Grant of Exemption, the FAA determined that exemption from these requirements was

warranted provided that the aircraft. "have identification Q.{-Number) markings in accordancewith 14 CFR Part 45, Subpart C if the markings are as large as practicable." Petitioner

additionally proposes the placement of all required markings, placards, flight envelope

restrictions, and/or cautionary notices in an easily visible location at the UAS Ground Control

Station. The FAA has issued several exemptions to this regulation. See Exemptions Nos. 8738,

10167 

, 

10167 A and 10700. Finally, Petitioners' UAS will be registered and marked according to

the Interim Final Rule regarding UAS registration (80 FR 78593).

d. 14 CFR Q 61.113 (a)-ß) And 61.133(a)- Private And Commercial Pilot

Privilese And Limitations

Section 6 1 . 1 1 3 provides: (a) Except as provided in paragraphs (b) through (h) of this

section, no person who holds a prívate pilot certificate may act as pilot in command of an

aírcraft that is carcying passengers or property for compensation or hire; nor moy thøt person,

þr compensation or hire, act as pilot in commqnd of an aircraft. þ) A private pilot may, for

compensation or hire, act as pilot in command of an aircraft in connection with any business oremployment f: (1) Theflight is only incidental to that business or employment; and (2) Theaircraft does not carcy possengers or propertyþr compensation or hire.

Section 61.133 provides: (a) Privileges-(I) General. A personwho holds a commercial

pilot certificate may act as pilot in command of an aircraft: (i) Carrying persons or propertyfor

compensation or hire, provided the person is qualified in accordance with this part and with theapplicable parts of this chapter that apply to the operation; and (ii) For compensation or hire,

provided the person is qualified in accordance with this part and with the applicable parts of thß

chapter that apply to the operation.

Unlike a conventional aircraft that carry pilot, passengers and cargo, the proposed UAS

are remotely controlled and caffy no persons or cargo. The UAS are capable of a high degree offlight automation and employ technical capabilities that limit the potential for operation in an

unintended manner. It is Petitioner's belief that given the size, weight, speed, operating

environment and operating capabilities of the UAS, an equivalent level of safety may beobtained by stipulating the UAS PIC must hold either an airline transport, commercial, private,

recreational, or sport pilot certificate. The PIC must also hold a current FAA airman medical

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e. 14 CFR S 91.9ftX2) - Aircraft Flieht Manual In The Aircraft

Section 9I.9(b)Q) provides: þ) No person may operate a U.S.-registered civil aircraft-

(2) For which an Airplane or Rotorcraft Flight Manual is not required by $ 2L5 of this chapter,

unless there is availqble in the aircraft a current approved Airplane or Rotorcraft Flight Manual,øpproved manual material, markings, and placards, or any combination thereof.

Petitioner's UAS, given their size, have no ability to carry a flight manual aboard the

aircraft. An equivalent level of safety will be achieved by keeping the flight manual at the

Ground Control Station where the PIC and participants will have immediate access to it. The

FAA has issued several exemptions to this regulation. See Exemptions Nos. 8607,8737,8738,

9299, 9299 A, 9 5 65, I 0 I 67, | 0602, 32827 and 1 0700.

f. 14 CFR Q 91.7(al - Civil Aircraft Airworthiness

Section 9I.7(a) provides: (a) No person may operate a civil aircraft unless it is in an

aírworthy condition.

Should this exemption be granted allowing commercial operation of UAS without an

airworthiness certificate, no FAA regulatory standard will exist for airworthiness of the UAS. Anequivalent level of safety will be obtained by ensuring compliance with UAS operator andmaintenance manuals and safety checklists prior to each flight to ensure the UAS is in a condition

for safe flight pursuant to 14 CFR $ 91.7(b).

g. 14 CFR I 91.103 - Preflieht Action

Section 91.103 provides: Each pilot in command shall, beþre beginning aflight, become

fomiliar with all available inþrmation concerning that flight. This information must include-(a)

For aflight under IFR or aflight not in the vicinity of an airport, weather reports andforecasts,

fuel requirements, alternatives available if the plannedflight cannot be completed, and any

lcnown trffic delays of which the pilot in command has been advised by ATC; (b) For any flight,runway lengths at airports of intended use, and the þllowing takeoff and landing distance

information: (l) For civil aircraftfor which an approved Airplane or Rotorcraft Flight Manual

contøining takeoffønd landing distance data is required, the takeoff and landing distqnce datacontained therein; and (2) For civil airuaft other than those specified in paragraph (b)(1) of thß

section, other reliable information appropriate to the aircraft, relating to aircraft perþrmance

under expectedvalues of airport elevation and runway slope, aircraft gross weight, and wind

and temperature.GREENBERG TRAURIG, LLP I ATTORNEYS AT LAW T WWW.GTLAW.COM

LA 132433037v9
h. 14 CFR I 91.105 - Flisht Cre¡vmemhers at Stations

Section 91 . 1 05 provides: (a) During takeoff and landing, and while en route, each

requiredflíght crewmember shall - (1) Be at the crewmember station unless the absence isnecessary to perform duties in connection with the operation of the aircraft or in connection with

physiological needs; and (2) Keep the safety belt fastened while qt the crewmember station. þ)

Each requiredflight crewmember of a U.S.-registered civil airuaft shall, during takeoff and

landing, keep his or her shoulder harness fastened while at his or her assigned duty station. This

paragraph does not apply tf - (1) The seat at the crewmember's station is not equipped with a

shoulder harness; or (2) The crewmember would be unable to perþrm required duties with theshoulder harnes s fastened.

This section on its face applies only to manned aircraft; Petitioner therefore requests

exemption from the flight crewmember requirements of section 91.105. The operationsdescribed within this Petition will provide an equivalent or greater level of safety, because flightcrew involved in the UAS operation will be at their ground stations at all times during the flight.

i. 14 CFR I 91.109 - Flieht Instruction

Section 91 .109 provides in pertinent part: (a) No person may operate a civil aircrøft

(except a mannedfree balloon) that is being usedþr flight instruction unless that aircraft has

fully functioning dual contr ols.

UAS by their design do not have fully functional dual controls. Flight control is

accomplished through the use of a control interface that communicates with the aircraft via radio.Given the size, speed and limited operational parameters of the UAS, an equivalent level of safe

training can be performed without dual controls. The FAA has issued several exemptions to thisregulation. See Exemptions Nos. 1 1066, 11062, 11067 A, and 1 1065.

j. 14 CFR S 91.119 - Minimum Safe Altitudes

Section 91.II9 provides in pertinent part: Except when necessaryþr takeoff or landing, no

person may operate an aircraft below the following altitudes: (a) Anywhere. An altitude

allowing, if a power unit fails, an emergency landing without undue hazard to persons or

property on the surface. (b) Over congested areos. Over any congested area of a city, town, or

settlement, or oyer alty open air qssembly of persons, an altitude of l,000feet above the highest

obstacle within a horizontal radius of 2,000feet of the aircraft. (c) Over other than congestedareas. An altitude of 500 feet above the surface, except over open water or sparsely populatedGREENBERG TRAURIG, LLP I ATTORNEYS AT LAW T WWW.GTLAW.COMLA 132433037v9
the UAS will provide an equivalent or greater level of safety.

k. 14 CFR I91.121- Altimeter Settinss

Section 9l.l2l provides in pertinent part: (a) Each person operating an aircraft shall

maintain the cruising altitude or flight level of that aircraft, as the case may be, by reference toan altimeter thqt is set, when operating (1) Below l8,000feet MSL, to: (i) The current reportedaltimeter setting of a station along the route andwithin 100 nautical miles of the aircraft; (iù Ifthere is no station within the area presuibed in paragraph (a)(I)(i) of this section, the current

reported altimeter setting of an appropriate available station; or (iii) In the case of an aircraft

not equippedwith a radio, the elevation of the departure airport or an appropriate altimeter

s etting available b efor e departur e.

Conventional aircraft are provided altitude databy a barometric altimeter that is most

commonly set to a local barometric pressure and therefore reports altitude relative to MSL (Mean

Sea Level). UAS operations are restricted to altitudes no greater than 400 feet AGL (Above

Ground Level). For those UAS with a barometric sensor, greater utility and an equivalent levelof safety will be obtained by setting the altimeter to read 'ozeto altitude" when the UAS is on theground prior to takeoff thus providing an AGL altitude readout. If no barometric sensor is aboard

the UAS, a GPS-derived altitude similarly set to zero at the takeoff point will provide an

equivalent level of safety. The FAA has issued several exemptions to this regulation. See

Exemptions Nos. 1 1066, 1 1065, ll062,and 1 1063.

l. 14 CFR e 91.151- Fuel Requirements For Flieht In VFR Conditions

Section 91.151 provides in pertinent paft (ø) No person may begin aflight in an airplane

under VFR conditions unless (consideringwind andforecastweather conditions) there is enough

fuel to fly to the first point of intended landing and, assuming normal uuising speed: (I) During

the day, tofly after thatþr at least 30 minutes; or (2) At night, tofly after thatþr at least 45

minutes. þ) No person may begin aflight in a rotorcraft 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, to fly after that for at least 20 minutes.

This regulation is written based on the capabilities of traditional civil aircraft, which

typically have flight times with full fuel of several hours. For the majority of UAS, which have

flight times of an hour (or much less), this regulation would effectively proscribe any operations

Petitioner submits that an equivalent level of safety will be obtained by requiring that no UASflight will begin unless (considering wind and forecast conditions) there is enough power to flyGREENBERG TRAURIG, LLP T ATTORNEYS AT LAW T WWW.GTLAW,COMLA 132433037v9
(Maintenance Inspections and Post-Maintenance Onerationsl

Section 91.405 provides: Each owner or operator of an aircraft: (a) shall have that

aircraft inspected as prescribed in Subpart E of this part, and shall berween required

inspections, except as provided in paragraph (c) ofthß section, have discrepancies repaired as

prescribed in Part 43 of this chopter; þ) Shall ensure thøt maintenance personnel make

approprtate entries ín the aircraft maintenance records indicating the aircraft has beenapprovedfor return to service; (c) Shall have any inoperative instrument or item of equipment,

permitted to be inoperative by $ 91.213(d)(2) of this part, repaired, replaced, removed, or

inspected at the next required inspection; and (d) llthen listed discrepancies include inoperativeinstruments or equipment, shqll ensure that a placard has been installed as required byS 43.I I

of this chapter.

Section 91.407 similarly makes reference to requirements in Part 43 and restricts

operations after maintenance. Section 91.409 requires an annual inspection for the issuance of anairworthiness certificate. Section 9I.4I7 requires the owner or operator to keep records showing

certain maintenance work that has been accomplished by certificated mechanics, under Part 43,or licensed pilots and records ofapproval ofthe aircraft for return to service.

Exemption from these regulations is needed because Part 43 and these sections apply only

to aircraft with an airworthiness certificate. An equivalent level of safety will be obtained byrequirement that each UAS will have a flight and maintenance log. Maintenance and inspectionswill be accomplished in accordance with manufacturer recoÍrmendations. The FAA has issued

several exemptions to this regulation: see Exemptions Nos. I 1066, 11062,11067 A, and 1 1065.

GREENBERG TRAURIG, LLP I AfiORNEYS AT LAW I WWW.GTLAW.COMLA 132433037v9
Respectfu lly submitted,JeffJoyner

Greenberg Traurig, LLPCounsel for Petitioner

cc Dennis Miller

Frank Ewers

Adam Siegler

Robert Gruber

GREENBERG TMURIG, LLP ¡ ATTORNEYS AT LAW T WWW.GTLAW.COMLA 132433037v9
cc Dennis Miller

Frank EwersAdam SieglerRobert Gruber

GREENBERG TRAURIG, LLP T ATTORNEYS AT LAW T WWW.GTLAW.COMLA 132433037v9

J

Respectfully