November 30, 2015 fll,' - - - ----- I M.$------- The University of Georgia ------------------9 O tfo:c o f rh.: Vu:.: Pre,id.:nt for Research U.S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE Washington, DC 20590 Re : Petition of the University of Georgia for an Exemption Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 Dear Sir or Madam: Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (" Reform Act") and 14 C.F.R. Part 11, the Board of Regents of the University System of Georgia by and on behalf of the University of Georgia (" UGA") hereby requests and applies for an exemption from the Federal Aviation Regulations ("FARs" ) identified herein to allow for commercial operation of small Unmanned Aerial Systems ("suas" ) for research, precision agriculture, and aerial data collection 1 so long as such operations are conducted under the restrictions outlined herein. UGA requests this exemption based on the information contained in this Petition along w ith the accompanying User Manuals and other attachments. The exemption would permit UGA to utilize suas within the National Airspace ("NAS" ) in a safe, efficient, and economically feasible manner and to conduct research, precision agriculture, and aerial data collection, which provide important benefits to the public including improving agricultural crops, conducting fundamental research, improving the accuracy of mapping, and assisting in agricultural and natural resources planning. As a land-grant and sea-grant institution and the state's most comprehensive research institution, UGA conducts a wide range of research activities that benefits Georgia, the United States, and the globe. Examples of these activities that could be enhanced by suas use include: imagery of vegetation changes in response to ecological restoration, determining the effectiveness of fungicide applications, water resource monitoring, measuring drought stress on agricultural plots, three-dimensional mapping of landscapes and cultural features, monitoring of fish spawning, meteorological research, plant phenotyping, entomology research, rock structure mapping and identification, and research into the applicability of suas into new and developing fields such as telemedicine. The ability to fly suas in the NAS in furtherance of these research activities, and the aerial data collection and precision agriculture uses the research necessarily involves, is one key element to growing UGA's research mission and propelling the United States into a new era of technological innovation. Without the use of a suas, precision agriculture, research, and aerial data collection are 1 Aerial data collection includes, but is not limited to, imagery (photography, videography, infrared, etc.), electronic measurement (precision surveying, RF analysis, LIDAR, etc.), chemical measurement (particulate measurement, etc.), or any other gathering of data by instruments on board the suas, but not including closed-set motion picture and television filming and producing. 150 Paul 0. Coverdell Center fo3.biomedical and Health Sciences Athens, Gcorgi.i 30602 Telephone 706-542-5969 Fax 706-542-5978 An F.qu.1l Opportunity/ Alllrmatin: Action Institution
either impossible or labor intensive and expensive, requiring both on-the-ground, physical work and the use of a small airplane to provide the level of detail required. A suas can provide information at a higher level of detail than traditional methods and do it in a fraction of the time and at a fraction of the cost. The FAA has previously granted 333 Exemptions for research, precision agriculture, and aerial data collection uses substantially similar to those requested herein; for example, see Exemptions 11710, 11795, 11784, 11787, and 11769. Aircraft This application covers the following makes and models of suas: DJI Series of suas including: DJI Spreading Wings S900 DJI Spreading Wings 51000 DJI Spreading Wings 51000+ DJI Inspire DJI Phantom 2 DJI Phantom 2 Vision DJI Phantom 2 Vision+ DJI Phantom 3 3D Robotics XS Precisionhawk Hawkeye Lancaster All of the above-identified makes and models are commercially available small unmanned aircraft systems manufactured by leaders in sua5 technology. The identified suass also include the entire package of the flight platform; camera, or other data-recording instrument; gimbal; flight control system; remote control; and/or Wi-Fi communication system as outlined in the attached Owner's Manuals. All identified sua5s have a flight speed of less than 87 knots, have a takeoff weight of less than 55 pounds, and have a maximum flight time of less than 60 minutes. (For full operational capabilities see attached documentation.} The FAA has previously granted 333 Exemptions to all of these commercially available aircraft in accordance with the statutory criteria provided in Section 333 of Public Law 112-95 in reference to 49 U.S.C. 44704. For example, see Exemptions 11160A, 11191, 11694, 11305, 11364, 11326, 11240, 11710, 11648, 11956, 11883, 11345, 11508,and 11558. Proposed Limitations on Flight UGA proposes the following flight limitations in connection with any granted 333 Exemption: 1. Operations of the suas will always be in accordance with any manufacturer operating and technical manuals. 2. The suas will have a weight of less than 55 pounds including payload. 3. The suas will not be operated at a speed exceeding 87 knots. 4. The suas is incapable of carrying pilot or passenger and shall not carry pilot or passenger. 5. The suas will not carry explosive, hazardous, or flammable materials. 6. The suas will be identified by serial number, registered in accordance with 14 CFR part 47, and have identification markings in a size as large as practicable and in accordance with 14 CFR part 45, Subpart C to the extent possible. 7. The suas will not be operated at heights exceeding 400 feet AGL. 2
8. The suas will be operated only under visual flight rules and under visual meteorological conditions. 9. The suas will be operated by the Pilot in Command ("PIC") using only unaided human vision or corrective lenses as specified on the Pie's FAA-issued airman medical certificate or U.S. driver's license. 10. The PIC will have, at a minimum, a valid private pilot, sport pilot, or recreational pilot certificate. 11. The PIC will demonstrate the ability to safely operate the suas in a manner consistent with any exemption that may be issued by the FAA. 12. All suas operations will utilize a Visual Observer ("VO"). 13. The suas will be operated only within Visual Line of Sight ("VLOS") of the VO and PIC. 14. The suas will not be operated within five nautical miles of an airport reference point or the center of the airport symbol as denoted on the current FAA-published aeronautical chart unless a letter of agreement is obtained from the airport's management. 15. All operations will be conducted in accordance with an Air Traffic Organization Certificate of Waiver or Authorization. 16. Prior to any suas operation the PIC will perform preflight checks in accordance with 14 CFR 91.103. Based on these preflight checks the PIC will determine whether the suas is in an airworthy condition and whether the operation can be conducted in a safe manner. The PIC is responsible for maintaining and inspecting the suas to ensure that it is in a safe operating condition prior to flight. 17. The suas will not be operated over congested or densely populated areas. 18. If the suas loses communication or its GPS signal, the suas will be programmed to return to a pre-determined location within the controlled-access property. 19. In the event of an unpredicted obstacle or emergency the PIC will abort the operation. 20. No operation will be attempted unless, considering wind and weather conditions, there is enough power for the suas to operate for the intended operational time and for five minutes thereafter or with the reserve power recommended by the manufacturer, whichever is greater. Exemption Request Summary UGA requests exemption from the following regulations when the aforementioned aircraft operate within the limitations listed herein: 14 CFR 61.23{a) and {c); 14 CFR 61.101(e)(4) and {S); 14 CFR 61.113(a); 14 C.F.R. 61.315(a); 14 C.F.R. 91.7{a); 14 C.F.R. 91.119(c); 14 C.F.R. 91.121; 14 C. F.R. 91.151{a); 14 C.F.R. 91.405(a); 14 C.F.R. 91.407(a){l); 14 C.F.R. 91.409(a)(l) and {a)(2); 14 C.F.R. 91.417(a) and {b). 3
The identified limitations provide for a level of safety that is equivalent to or higher than that of manned aircraft operations made under the current regulations as outlined below. 14 CFR 61.23(a) and (c); 61.101(e}{4} and {5}; 61.113{a); 61.315(a} The PIC for the suas will hold either a private pilot's certificate with corresponding FAA-issued medical certificate, a sport pilot's certificate with corresponding U.S. issued driver's license, or a recreational pilot's certificate with corresponding FAA-issued medical certificate. As noted in Exemption No. 11213, the requirement of a sport, recreational, or private pilot's certificate ensures that the PIC has the requisite aeronautical knowledge to safely operate a suas when operations are in accordance with this Section 333 Exemption. The FAA has previously granted relief to conduct operations in a similar manner; for example, see Exemptions 11213, 11783. 14 CFR 91. l(a) Given that there is neither an airworthiness certificate for the suas nor a standard for airworthiness that exists, an equivalent level of safety can be attained by allowing the PIC to certify airworthiness prior to each operation along with the operational guidelines noted above. The PIC will make this determination prior to flight and will ensure that the suas is operating within the parameters set forth by the suas operating and technical manuals as published by the manufacturer. The FAA has previously granted relief to conduct operations in a similar manner; for example, see Exemptions 11062 through 11067, 11080, 11109, 11110, 11345, and 11213. 14 CFR 91.119{c) Section 91.119(c) requires operations of an aircraft be at an altitude greater than 500 feet AGL Given the operational restrictions listed in this Petition that limit any such operation to sparsely populated areas below 400 feet AGL, relief from 91.119(c) is warranted. Equivalent levels of safety are provided by the operational guidelines outlined herein combined with the nature of the suas itself. The small size, weight, and limited flight speed and altitude of the suas create minimal hazards to property or persons. The risk associated with such a suas operation is nominal when compared to traditional aircraft operations at this height. The FAA has previously granted relief to conduct operations in a similar manner; for example see Exemptions 11138, 11136, 11109 through 11112, 11062, 11063, and 11067. 14 CFR 91.121 The suas does not have a barometric pressure altimeter as required by 91.121. Utilizing an alternative method for measuring altitude based upon the suas GPS combined with the limited altitude of the operations conducted as outlined herein will maintain an equivalent level of safety. The FAA has previously granted relief to conduct operations in a similar manner; for example see Exemptions 11153, 11150, 11138, 11136, 11159, and 11213. 14 CFR 91.151(a) Since the suas may not have the capability to fly for the durations outlined in 91.151(a), an exemption from 91.151(a) is requested. Given the operational requirements above, especially the identified battery-power limitation to operations, the suas is able to operate with an equivalent level of safety. 4
The FAA has previously granted relief to conduct operations in a similar manner; for example, see Exemptions 11213, 2689F, 5745, 10159, and 10650. 14 CFR 91.405(a); 407{a)(1); 409{a)(1) and (2); 91.417(a) and (b) The maintenance, inspection, and pre-flight inspection requirements mentioned herein, when combined with the size and operational limitations of the suas, ensure comparable levels of safety to the maintenance requirements of 14 CFR Subpart E (91.401-417). The FAA has previously granted relief to conduct operations in a similar manner; for example, see Exemption 11489, 11159, 11138, 11109, and 11213. Conclusion The operational parameters outlined in this Petition satisfy the standards of Section 333 of the Reform Act and the FAA's subsequent guidance. In consideration of that fact, along with the substantial benefit to the public that granting this Petition provides, UGA respectfully requests approval of our requested exemptions. Should you have any questions regarding this Petition please do not hesitate to contact us. David Lee, PhD Vice President for Research University of Georgia 5