U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

Re: Petition of the Drone Journalism Lab at the University of Nebraska-Lincoln's College of

Journalism and Mass Communications for an Exemption Pursuant to Section 333 of the

FAA Modernization and Reform Act of 2012

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 ("Reform Act")

and 14 C.F.R. Part 11, the University of Nebraska-Lincoln's Drone Journalism Lab hereby

applies for an exemption from the Federal Aviation Regulations identified below, to allow

commercial operation of small unmanned aerial vehicles (i.e., "small unmanned aircraft" or

"UAS") as part of the University of Nebraska-Lincoln's journalism education program. This

exemption is made based on information outlined in this Petition for Exemption, as well as

the accompanying Drone Journalism Lab UAS Flight Operations Manual as well as the DJI

Phantom 2 User Manual, DJI Inspire I User Manual, Quick Start Guide, and Pilot Training

Guide (collectively referred to as "Manufacturer's Manuals").

Because of size limitations on Regulations.gov, the manufacturers manuals are submitted

here as URLs for download and inspection. The Drone Journalism Lab specific manuals

have been uploaded with the petition.

Inspire 1

DJI Inspire 1 User's Manual: http://download.djiinnovations.com/downloads/inspire_1/en/Inspire_1_User_Manual_v1.4_en.pdf

DJI Inspire 1 Quick Start Guide: http://download.djiinnovations.com/downloads/inspire_1/en/Inspire_1_Quick_Start_Guide_v1.4_en.pdf

DJI Inspire 1 Safety Guidelines: http://download.djiinnovations.com/downloads/inspire_1/en/Inspire_1_Safety_Guidelines_en.pdf

DJI Inspire 1 Maintenance Manual: http://download.djiinnovations.com/downloads/inspire_1/en/Inspire_1_Maintenance_ManualV1.0_en.pdf

Phantom 2

DJI Phantom 2 User Manual: http://download.djiinnovations.com/downloads/phantom_2/en/PHANTOM2_User_Manual_v1.4_en.pdf

DJI Phantom 2 Smart Flight Battery Safety Guidelines: http://download.dji-
innovations.com/downloads/phantom_2_vision_plus/Smart_Flight_Battery_Safety_Guidelines.pdf

1. Description of Petitioner

2. Description of Proposed Operation

3. Public Interest

4. Regulations From Which Exemption is Sought

14 CFR §§ 61.23(a) and (c): Medical certificates: Requirement and duration

14 CFR §§ 61.101(e)(4) and (5): Recreational Pilot Privileges and Limitations

14 CFR §§ 61.113(a): Private Pilot Privileges and Limitations

14 CFR §§ 61.315(a): Sport Pilot Privileges and Limitations

14 CFR §§ 91.7(a): Civil Aircraft Airworthiness

14 CFR §§ 91.119(c): Minimum Safe Altitudes

14 CFR §§ 91.121: Altimeter Settings

14 CFR §§ 91.151(a)(1): Fuel Requirements for Flight in VFR Conditions

14 CFR §§ 91.405(a): Maintenance Inspections

14 CFR §§ 91.407(a)(1): Maintenance Inspections

14 CFR §§ 91.409(a)(1) and (2): Maintenance Inspections

14 CFR §§ 91.417(a) and (b): Maintenance Inspections

5. Summary for Publication in the Federal Register

6. Conclusion

The Drone Journalism Lab at the University of Nebraska-Lincoln exists to study how

journalists can safely, legally and ethically report news using UAS in furtherance of their

First Amendment mission. With changes coming to UAS regulations, the Drone Journalism

Lab is seeking a 333 Exemption to provide students with an education in UAS operations,

safety best practices, airspace regulations and flight operations as well create an

opportunity for expanded ethics training for students and professional journalists.

The Drone Journalism Lab is a first-of-its-kind entity at a journalism school, and the College

of Journalism and Mass Communications at the University of Nebraska-Lincoln is

Contents of the petition

I. Description of Petitioner
committed to being a resource for the state of Nebraska and for the journalism profession

at large. Lab founder and petitioner Matt Waite sought and successfully obtained a sportlight license for this effort, completed in September 2015 (airmen number pending). He has

four years of small UAS experience as a hobbyist, as well as conducting demonstration

flights overseas for professional journalists.

In accordance with 14 C.F.R. § 11.81(a), the Drone Journalism Lab provides the following

information in support of its Petition for Exemption.

The contact information for Petitioner is as follows:

Matt Waite

Professor of Practice

College of Journalism and Mass Communications

University of Nebraska-Lincoln

200 Centennial Mall North

Lincoln, NE 68508

Phone: (402) 472-5840

Web: http://www.dronejournalismlab.org/

Email: matt.waite@unl.edu

The Drone Journalism Lab is uniquely situated to be a resource for journalists in the US

and around the world when it comes to this emerging technology. The Lab has been

closely following the rule making process here and abroad, and students have safely

operated in three continents. Petitioner Waite has spoken around the world about the

possibilities of using UAS for news and will help teach a course in Chile in October 2015 in

using UAS for news. Waite has also spoken regularly to journalism conferences in the US

and abroad about what is expected of commercial operators in the NAS and what changes

are going to occur. Waite is regularly called upon to answer media questions about UAS

use and regulation.

Prior to the finalization of the framework of UAS rules proposed in the February NPRM, the

Drone Journalism Lab seeks to educate students and professionals about how UAS will

affect news gathering by involving them in the creation of news stories using UAS.

Students will learn all phases of operations, from mission planning, safety considerations,

airspace regulations, site scouting, pre-flight operations and operational guidelines.

Students will watch as a pilot qualified under the provisions of any grant of exemption

II. Description of Proposed Operation
completes the planned maneuvers, gathering photographic and video materials for the

story. Students will review the results, propose any further missions and compile the results

into stories. Because of statutory requirements, students will not be in control of the UAS

unless they are certificated pilots. They will serve as observers and camera operators

during the flights.

All flights will be conducted in accordance with FAA regulations, restrictions set forth in any

grant of exemption and Lab-based safety protocols. Flights will remain below 400 feet and

will normally be conducted below 200 feet and in Class G airspace. Any flights within

controlled airspace will be conducted according to the restrictions set forth in any grant of

exemption, including prior notification to the airport manager, filing of NOTAMs and/or any

other required actions. UAS flights will gather photos, video and data for journalistic

purposes.

The proposed operations are in all ways similar to other grants of exemption issued by the

FAA, including but not limited to Grants of Exemption Nos. 11062 to Astraeus Aerial (see

Docket No. FAA−2014−0352), 11109 to Clayco, Inc. (see Docket No. FAA− 2014−0507),

11112 to VDOS Global, LLC (see Docket No. FAA−2014−0382), and 11213 to Aeryon

Labs, Inc. (see Docket No. FAA−2014−0642).

The public interest will be served by granting the Drone Journalism Lab's Petition for

Exemption. It is clear that UAS will be a significantly important tool in the future for a wide

array of businesses, including news organizations. As such, news organizations need

future employees who have training in the issues surrounding UAS, including regulatory,

safety, legal and ethical considerations and requirements. We know UAS regulations are

going to change, making it more likely that a wider array of businesses will use unmanned

systems. The need for education beyond what is required of a certificated pilot is great.

The public's interest will also be served by the operational goal to produce news. UAS and

the cameras they carry have a clear First Amendment protected purpose, and their safe

and ethical use will provide news consumers with greater perspective on their communities

and news events of interest.

The Drone Journalism Lab seeks relief from 14 CFR §§ 61.23(a) and (c), 61.101(e)(4) and

(5), 61.113(a), 61.315(a), 91.7(a), 91.119(c), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1),

III. Public Interest

IV. Regulations From Which Exemption is Sought
91.409(a)(1) and (2), and 91.417(a) and (b) in order to conduct the operations described in

this document. The relief is identical to that sought and granted to other petitioners.

As has been granted in other petitions, the UAS proposed by the petitioner are the DJI

Phantom 2 and DJI Inspire 1, and as such, in accordance with the statutory criteria

provided in Section 333 of Public Law 112−95 in reference to 49 U.S.C. § 44704, and in

consideration of the size, weight, speed, and limited operating area associated with the

aircraft and its operation, the Secretary of Transportation has determined that this aircraft

meets the conditions of Section 333. In other petitions, the FAA has found that relief from

14 CFR part 21, Certification procedures for products and parts, Subpart H—Airworthiness

Certificates, and any associated noise certification and testing requirements of part 36, is

not necessary. We believe our operations fall under this same logic, and request similar

relief.

As a general matter, the Lab's operations will provide an equivalent level of safety during

its operations. The UAS being employed is lightweight, has no flammable fuel or other

lubricants, operates at very slow speeds, and stays well below any conflicting air traffic.

The UAS in this petition weigh significantly less than 55 pounds when outfitted with all

equipment and batteries. All activities will be closely monitored by a qualified pilot in

command as well as a visual observer, and all emergency systems, such as lost signal

emergency return protocols, will be enabled on each flight. The equivalent level of safety

will be achieved through the employment of flight manual and maintenance manual

procedures, pilot training, Lab-created checklists and site criteria, restrictions in any grant

of exemption and proper risk management procedures.

The specific regulations we are seeking relief from are:

14 CFR §§ 61.23(a) and (c): Medical certificates

The Drone Journalism Lab requests an exemption from 14 C.F.R. § 61.23(a) and (c), which

requires the pilot in command for certain operations to hold FAA-issued medical certificates

or, for a smaller subset of operations, a valid U.S. driver’s license. All Lab operators and

visual observers will hold valid U.S. driver’s licenses. Petitioner Waite completed his Sport

Light license training using a valid U.S. driver's license as a medical certificate. Petitioner

believes that holding a U.S.-issued driver’s license will provide an equivalent level of safety.

14 C.F.R. §§ 61.101(e)(4) and (5), 61.113 (a) and (b), 61.315(a): Privileges and

restrictions on Recreational, Sport and Private pilots

The Drone Journalism Lab requests exemptions from 14 C.F.R. §§ 61.101(e)(4) and (5);
61.113 (a) and (b); and 61.315(a) which prohibits pilots holding sport, recreational, or

private pilot certificates from acting as the pilot in command of an aircraft that is operating

for compensation or hire. Previous grants of exemption and publicly announced FAA policy

have stated that PICs holding these certificates can operate UAS commercially and they

can provide an equivalent level of safety in doing so.

14 C.F.R. § 91.7(a), Civil aircraft airworthiness

The Drone Journalism Lab requests an exemption from the civil aircraft worthiness

requirement under 91.7(a). Section 333 permits the FAA to exempt aircraft from the

requirements of an airworthiness certificate upon consideration of the size, weight, speed,

operational capability, and proximity to airports and populated areas of the identified UAS.

The FAA has determined that such certificates are not necessary for UAS.

Without such a certificate, the Drone Journalism Lab will be unable to comply with §

91.7(a). In other grants of exemption, the FAA has determined that the pilot may determine

the aircraft is in an airworthy condition prior to flight. The Drone Journalism Lab requests

the FAA make such a determination here as it has in numerous other grants of exemption.

If such a grant is made, relief from 91.7(b) is not necessary.

14 C.F.R. 91.119, Minimum safe altitudes

The Drone Journalism Lab requests an exemption from 14 C.F.R. § 91.119 which provides

for a minimum safe altitude requirement under which aircraft may operate. Under Section

333 grants of exemption already issued, as well as guidelines for model aircraft, UAS must

fly no higher than 400 feet AGL. The 400-foot ceiling for UAS operations and the minimum

altitude set forth in 14 CFR § 91.119 are in conflict. Relief from this regulation, plus a

similar altitude ceiling set forth in other grants of exemption, will ensure UAS operations at

lower altitudes will not interfere with manned aircraft. Relief from this regulation also assists

in the required line of sight (LOS) restrictions in similar grants of exemption. Given the

lightweight nature of the aircraft, the closer operating environments, restrictions in other

grants of exemption and operational safety practices, relief from 91.119 provides an

equivalent level of safety.

14 C.F.R. § 91.121, Altimeter settings

The Drone Journalism Lab requests an exemption from 14 C.F.R. § 91.121, which requires

a pilot in command operating an aircraft to maintain cruising altitude or flight level by

reference to an altimeter that is set to the elevation of the departure airport or barometric

pressure. The UAS described in this petition uses a combination of an onboard barometer
and GPS to determine altitude, and that barometric pressure is not manually adjustable. An

equivalent level of safety is achieved through the use of live telemetry relayed from the

UAS to the ground station, allowing the PIC to monitor the altitude at all times to ensure

compliance with any altitude restrictions.

14 C.F.R. § 91.151(b), Fuel requirements for flight in VFR conditions

The Drone Journalism Lab requests an exemption from 14 C.F.R. § 91.151(b) which

requires a fuel reserve beyond what is needed to land at the intended point. All flights will

be conducted in VFR conditions, but as there is no fuel in the aircraft, no fuel reserve can

be maintained. And, given that the UAS in this petition are battery powered, the flights will

be substantially shorter than the manned aircraft the regulation is directed toward. The

UAS flights will last less than 20 minutes, which is less time than the VFR fuel reserve time.

An equivalent level of safety is achieved through careful monitoring of the battery onboard

and landing with 25 percent of battery power remaining.

14 C.F.R. §§ 91.405(a), 91.407(a)(1) and (2); 91.409(a)(2); and 91.417(a) and (b),

Maintenance Inspections

The Drone Journalism Lab requests an exemption from 14 C.F.R. §§ 91.405(a), 91.407(a)

(1) and (2); 91.409(a)(2); and 91.417(a) and (b) which specify maintenance and inspection

standards in reference to 14 C.F.R. Part 43. Relief is sought because Part 43 and these

sections only apply to aircraft with an airworthiness certificate, which the UAS in this

petition will not have and the FAA has determined are not needed.

All maintenance and inspections will be conducted in accordance with the Operations

Manual for the UAS set forth in this petition. Prior to each flight, the PIC will conduct a preflight inspection to determine airworthiness and any issues found during that pre-flight

inspection will be immediate cause for the device to be grounded until the issue is fixed.

Once the maintenance or repair issue is fixed, a test flight will be conducted, first indoors in

a confined space for maximum safety, then outdoors in a restricted access area where only

the pilot and visual observer will be allowed to ensure safety. Once the repair has been

verified and airworthiness established, the UAS can return to service. Logs of any and all

repairs or part replacements will be kept and made available upon request. We believe this

will provide the equivalent level of safety.

We believe that good cause exists for not publishing a summary of the petition in the

V. Summary for Publication in the Federal Register
Federal Register because the requested exemption would not set a precedent, and any

delay in acting on this petition would be detrimental to the petitioner. However, if the

reviewer does believe a summary should be published, one is provided:

Applicant seeks relief from the following rules: 14 C.F.R. §§ 61.23(a) and (c), 61.101(e)(4)

and (5), 61.113(a), 61.315(a), 91.7(a), 91.119, 91.121, 91.151(a)(1), 91.405(a), 91.407(a)

(1), 91.409(a)(1) and (2), and 91.417(a) and (b).

The Drone Journalism Lab at the University of Nebraska-Lincoln's College of Journalism

and Mass Communications requests an exemption from the above rules to undertake

commercial videography, aerial photography and data gathering operations utilizing

unmanned aircraft systems. As part of these operations, students at the University of

Nebraska-Lincoln will learn about UAS operations, including airspace restrictions, aviation

regulations, safety guidelines and ethical practices while a qualified pilot in command

conducts the flights. Operations will comply with all established UAS rules, grants of

exemption and industry best practices to provide the maximum level of safety while

providing students with an unprecedented educational opportunity.

Given that the FAA has the authority under Section 333 of the FMRA and 14 C.F.R. Part 11

to grant exemptions to permit commercial UAS operations, and the petition requests relief

identical to previous petitioners, we ask that the FAA grant this request for exemption to

allow the University of Nebraska-Lincoln's College of Journalism and Mass

Communications, through its Drone Journalism Lab, to conduct commercial UAS

operations. We believe the petition satisfies the requirements of Section 333, and that the

public interest is greatly served by allowing the college to conduct newsgathering using

UAS while teaching students about the use of UAS for news. Granting of this petition will

give students an unprecedented educational opportunity, and we ask that you grant this

exemption with all due speed.

Respectfully,

/s Matt Waite

Matt Waite

Professor of Practice

College of Journalism and Mass Communications

University of Nebraska-Lincoln

VI. Conclusion
200 Centennial Mall North

Lincoln, NE 68508