Mark E. McKinnon

Matthew J. Clark

Mark.McKinnon@dentons.com

Matthew.Clark@dentons.com

D 703.336.8708

D 703.336.8714

Dentons US LLP

1676 International Drive • Penthouse

McLean, VA 22102

United States

T 703.336.8800

F 703.336.8750

Salans FMC SNR Denton

McKenna Long

dentons.com

August 28, 2015

To Whom it May Concern:

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

and 14 C.F.R. Part 11, Utah State University (hereinafter sometimes referred to as "USU" or

"university") hereby applies for a Summary Grant of Exemption from the Federal Aviation

Regulations (FARs) identified below, to operate small unmanned aerial vehicles (i.e., small

unmanned aircraft systems or UAS) for conducting aerial data collection in support of its education

and research programs. Specifically, USU seeks permission to operate the AggieAir, DJI Spreading 

Wing s1000 and DJI Spreading Wings s1000+. USU 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 those

presented herein. 

In addition to this Petition for Exemption, USU will also submit the following documents: 

 The University UAS Operations Manual; 

 AggieAir Aircraft System and Operations Manual; and 

 RS/GIS Laboratory "Mary Poppins" DJI s1000 Mandatory Pre-Flight Checklist

USU submits this material as confidential documents under separate cover pursuant to 14 

C.F.R. § 11.35(b), as the material contains confidential commercial and proprietary information that 

USU has not and will not share with others. The information contained in the documents is not 

generally available to the public and is protected from release under 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 Utah State University for Summary Grant of Exemption Pursuant to

Section 333 of the FAA Modernization and Reform Act of 2012
 

U.S. Department of Transportation

August 28, 2015

Page 2

For your convenience, this Petition is organized as follows:

TABLE OF CONTENTS

PAGE

I. BACKGROUND & DESCRIPTION OF PETITIONER................................................................3

II. DESCRIPTION OF PROPOSED OPERATION...........................................................................4

III. RELEVANT STATUTORY AUTHORITY .................................................................................5

IV. USU'S PROPOSED UAS OPERATIONS MEET THE REQUIREMENTS OF SECTION 

333 OF THE REFORM ACT ...................................................................................................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 USU's 

Operating Documents ..............................................................................................7

V. REGULATIONS FROM WHICH EXEMPTION IS SOUGHT......................................................8

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

Requirements ...........................................................................................................9

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

Maintenance Inspections........................................................................................10

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

G. 91.109(a): Flight Instruction .................................................................................13

H. 91.119(c): Minimum Safe Altitudes Over Other Than Congested Areas..............13

I. 91.121: Altimeter Settings....................................................................................14

J. 91.151(a): Fuel Requirements for Flight in VFR Conditions................................15

VI. DRUG AND ALCOHOL PROGRAM ......................................................................................15

VII. PUBLIC INTEREST..............................................................................................................15

VIII. PRIVACY ............................................................................................................................16

IX. FEDERAL REGISTER SUMMARY........................................................................................16

X. CONCLUSION .....................................................................................................................16
 

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I. BACKGROUND & DESCRIPTION OF PETITIONER

Since its founding in 1888, Utah State University has evolved from a small-town college 

tucked away in the Northern Utah mountains to a thriving research university respected around the 

world. Students can choose from an array of academic and social opportunities at a university known 

throughout the world for its intellectual and technological leadership. The mission of Utah State 

University is to be one of the nation’s premier student-centered land-grant and space-grant 

universities by fostering the principle that academics come first, by cultivating diversity of thought 

and culture, and by serving the public through learning, discovery and engagement.

USU faculty researchers are engaged in fields of study the world can’t live without. USU is 

one of Utah’s two research universities, with a record-breaking $220 million in external research 

funding received in fiscal year 2014. USU’s undergraduate research program, which allows students 

to work closely with researchers, is the second oldest in the nation. The university provides an 

unparalleled environment with facilities, services, and technology, as well as programs and expertise 

that stimulate and support the growth of research and technology-based enterprises.

USU is dedicated to and embraces innovative technologies. New UAS technologies have 

enormous potential for aerial imaging and remote sensing applications. While aerial imagery and 

remote sensing are valuable tools for many applications, current sources of data (e.g. manned aircraft 

and satellite) are often too expensive, not flexible enough, and take too long to return the imagery.

These shortcomings make available sources of aerial imagery impractical for many applications like 

precision agriculture and other environmental monitoring activities. The ability to deploy a UAS 

relatively quickly and repeatedly and at low altitudes, allows for acquiring very high resolution 

remotely sensed research data, that would otherwise not be feasible. The ability to operate UAS 

would benefit USU's research and education programs tremendously. For this reason, Utah State 

University seeks an exemption for commercial operations of small UAS to conduct aerial data 

collection in support of its education and research programs. 

In accordance with 14 C.F.R. § 11.81(a), USU providesthe following information in support

of its Petition for Exemption. 

The contact information for Petitioner is as follows:

Mac McKee

Director, Utah Water Research Laboratory

Professor, Civil and Environmental Engineering

Utah State University

8200 Old Main Hill

Logan, Utah 84322-8200

Phone: (435) 797-3188

Email: Mac.McKee@usu.edu
 

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II. DESCRIPTION OF PROPOSED OPERATION

USU seeks an exemption pursuant to Section 333 of the Reform Act to use a number of

different UAS platforms for aerial data collection in support of a broad range of educational and 

research endeavors. By way of example, education and research programssupported by the proposed

UAS operations, include, but are not limited to: remote sensing applications to capture imagery and 

scientific data in various environments such as wetlands, fields, and river corridors, which can then 

be applied in the science of vegetation mapping, and stream and river applications; water 

management and monitoring, environmental monitoring, water resource studies, natural resource 

management/exploration, irrigation habitat mapping, geographical mapping applications, 

photogrammetry, precision agriculture, aerial photography/ videography, as well as tracking of 

invasive wetlands plant species and other wildlife. Aerial data collected by Petitioner's UAS would 

also be used to promote and market USU, as well as support student recreational and sport activities.

The University of Utah has a proven track record of safe UAS operations. The FAA has 

issued Petitioner several Certificate of Waiver or Authorizations (COAs) for research activities using 

the AggieAir UAS located in areas under the jurisdiction of Salt Lake City, Utah Air Route Traffic 

Control Center (ARTCC), Anchorage, Alaska ARTCC, and Northern California Terminal Radar 

Approach Control (TRACON): 

 2009-WSA-76: Operation of the AggieAir UAS in Class G airspace at or below 600’ AGL 

in the vicinity of Logan-Cache Airport, Utah within one (1) nautical mile of 41-48-55.86N 

111-58-57.30W (LHO028001.8) under the jurisdiction of the Salt Lake City ARTCC.

 2010-WSA-40: Operation of the Aggie Air UAS in Class E and G airspace at or below 3,000 

feet AGL over the Logan City Wastewater Treatment Lagoons in Cache County, Utah under 

the jurisdiction of the Salt Lake City ARTCC.

 2011-WSA-22: Operation of the Aggie Air UAS in Class G airspace at or below 400’ AGL

within one half (1/2) mile of 41-48-55.86N 111-58-57.30W, west of Logan-Cache Airport 

under the jurisdiction of the Salt Lake City ARTCC.

 2011-WSA-21-COA-R: Operation of the AggieAir UAS in Class G airspace at or below 

600’ AGL in the vicinity of Logan-Cache Airport , Utah within one (1) nautical mile of 41-

48-55.86N 111-58-57.30W (LHO028001.8) under the jurisdiction of the Salt Lake City 

ARTCC.

 2013-WSA-63: Operation of the AggieAir UAS in Class G airspace at or below 1,000 feet 

AGL in the vicinity of the Kuparuk River basin under the jurisdiction of Anchorage ARTCC.

 2013-WSA-64: Operation of the AggieAir UAS in Class G airspace below 700 feet AGL in 

the vicinity of Logan-Cache Airport under the jurisdiction of Salt Lake ARTCC.

 2014-WSA-203: Operation of the AggieAir UAS in Class E and G airspace, at or below 

2,200 feet AGL, in the vicinity of Lodi, California, under the jurisdiction of Northern 

California TRACON.
 

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August 28, 2015

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 2014-WSA-88: Operation of the AggieAir UAS in Class G airspace, up to but not including 

700 feet AGL in the vicinity of Logan, Utah, under the jurisdiction of Salt Lake City 

ARTCC.

USU is committed to maintaining the highest standards of flight safety, and will leverage its 

knowledge and experience gained operating UAS under its public COAs to ensure that the proposed 

operations are conducted safety. All UAS operations will be performed in accordance with the

accompanying USU operating documents, and in accordance with the requirements of an applicable

COA. Among other things, and as detailed in the operating documents, all UAS operations will be 

conducted within visual line-of-sight (VLOS) of the pilot and visual observer, unless otherwise 

authorized by the FAA, and be limited to daytime Visual Flight Rules (VFR) conditions. Moreover,

USU's operating 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 previously issued grants of exemption to use small UAS for aerial data collection in

support 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. 11370 to AeroLogix Consulting, Inc. to conduct aerial surveys for land 

and water resources management and environmental research (FAA-2015-0094); 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 USU in this Petition for Exemption fall squarely

within the category of aerial data collection that has been subject to previous approval. 

III. RELEVANT STATUTORY AUTHORITY

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 minimum 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 exemptionsfrom §§ 44701(a), (b) and §§ 44702 –
 

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44716, et seq.). 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).

IV. USU'S PROPOSED UAS OPERATIONS MEET THE REQUIREMENTS OF SECTION 333 OF

THE REFORM ACT

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

the summary grant process pursuant to Section 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 AggieAir UAS meets the requirements of Section 333 of the Reform Act due to its 

weight, speed and operational capabilities. AggieAir is a remote sensing UAS designed at Utah 

State University specifically to collect environmental data for scientific applications and natural 

resources management problems. In addition to being successful in delivering scientific data, 

AggieAir has also had success in processing those data to deliver meaningful, actionable information 

to end users. Precision agriculture, tracking of invasive wetlands plant species, and monitoring of instream fish habitat are a few examples of these successful applications.

The FAA has issued USU several COAs for operation of the AggieAir UAS and is familiar 

with the vehicle's characteristics and operational capabilities. As demonstrated by the AggieAir's 

successful track record, the vehicle is well suited and safe for performing the aerial data collection 

activities proposed herein.

The AggieAir system comprises three sub-systems: the aircraft, the sensor payload, and the 

ground station. The aircraft weighs approximately has a maximum takeoff weight of about 17 

pounds. It has a 108 inch wingspan, operates at a nominal airspeed of 30 mph and has a maximum 

flight time of approximately 1 hour. The aircraft is propelled using an electric brushless motor and 

can roll, pitch and yaw by means of the ailerons, elevator and rudder using electric servos. AggieAir 

also has flaps to help slow the aircraft during landing. The motor and the servos are all controlled by 

a Paparazzi autopilot. Through the autopilot, the aircraft can be flown autonomously or manually. In 

autonomous mode, Paparazzi controls the movement of the aircraft to follow a pre-programmed 

flight plan. In manual mode, a human operator controls the aircraft through Paparazzi and the RC 

receiver. The aircraft is completely autonomous and navigates according to a pre-programmed flight 

plan. This flight plan can easily be designed to send the aircraft over an area of interest to capture 

using the on-board sensor payload system. The Ground Control Station (GCS) uses a wireless 

connection to monitor the flight and transmit high-level commands to the aircraft, which in turn 

sends flight information (location, speed, etc.) back to the GCS. A Safety Pilot is also included in the 
 

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GCS. At any point, the Safety Pilot can take manual control of the aircraft to, for instance, avoid 

collision with other aircraft.1

The FAA is familiar with and has already determined that that the DJI Spreading Wing s1000

and s1000+ UAS also meetsthe requirements of Section 333 of the Reform Act due to their weight, 

speed and operational capabilities. See e.g., 

 DJI Spreading Wings S1000: Exemption No. 11731 to D&C Inspection Services, Inc.; 

Exemption No. 11732 to Terraplance, LLC; Exemption No. 11733 to The Visual Arts 

Group, LLC; Exemption No. 11694 to Accupoint, Inc.; Exemption No. 11633 to Principia 

Inc.; Exemption No. 11318 to MicroDrone Vision Inc.; Exemption No. 11297 to Aerial 

Media Systems; and Exemption No. 11297 to Shotwell Media

 DJI Spreading Wings S1000+: Exemption No. 11777 to SkyGizmo; Exemption No. 11778 

to Cloud9Drones; Exemption No. 11659 to Fovea Aero Systems LLC 

The following shared characteristics of the AggieAir, DJI Spreading Wings s1000 and 

s1000+ UAS warrant approval for a grant of exemption:

 They weigh less than 55 pounds including 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;

 The radio frequencies used for operations and control of the UAS comply with the Federal

Communications Commission (FCC) and other appropriate government 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 USU's

Operating Documents

The University UAS Operations Manual, and the manuals for the selected UAS platform

(hereinafter collectively referred to as "operating documents") contain all the procedures and

limitations necessary to safely and successfully perform the proposed operations. To expedite the

FAA's safety assessment of USU's proposed UAS operations, USU has tailored its operating

 

1 Additional information on the specifications and operational capabilities of the AggieAir UAS is 

located in the AggieAir Aircraft System and Operations Manual, which will be submitted under 

separate cover as a proprietary and confidential document. 
 

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

seeking to use small UAS for aerial data collection. See e.g., Grant of Exemption No. 11552 issued

to Sinclair CommunityCollege, Docket No. FAA-2015-0374. In particular, the operating documents

contain systems and procedures to permit USU to comply with the conditions and limitations in the

FAA's Grant of Exemption. Id. 

V. REGULATIONS FROM WHICH EXEMPTION IS SOUGHT

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.2

USU seeks an exemption from several interrelated provisions of 14 C.F.R. Parts 45, 61 and

91 for purposes of conducting the requested operations using small UAS, including:

 

2

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).

FAR Description

91.9(c); 45.23(b) and

45.27(a)

Aircraft Marking and Identification Requirements

91.405(a); 91.407(a)(1);

91.409(a)(1) and (2);

91.417(a) and (b)

Maintenance and Inspection Requirements

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

91.7(a) Civil Aircraft Airworthiness

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 Altimeter Settings
 

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Listed below are the specific sections of 14 C.F.R. for which an exemption issought, 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.3

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

Requirements

USU seeks an exemption from the aircraft marking and identification requirements 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 Requirements,

provides that:

No person may operate a U.S.-registered civil aircraft unlessthat aircraft isidentified

in accordance with Part 45 of this chapter.

● 14 C.F.R. § 45.23(b), Markings of the Aircraft, states:

When marksinclude only the Roman capital letter "N" and the registration number is

displayed on limited, restricted or light-sport category aircraft or experimental or

provisionally certificated aircraft, the operator must also display on that aircraft near

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,

"experimental," 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 required by § 45.23.

In prior grants of exemption under Section 333 of the Reform Act, the FAA determined that

exemption from these requirements was warranted provided that the aircraft "have identification (NNumber) markings in accordance with 14 C.F.R Part 45, Subpart C if the markings are as large as

practicable."4 All UAS flown by USU will bear N-number markings that are as large as practicable

in accordance with 14 C.F.R. Part 45, Subpart C.5 

 

3

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 exemption.

4

FAA Docket No. FAA-2014-0352.

5

See, e.g., FAA Docket No. FAA-2014-0352, at 14. 

91.151(a) Fuel Requirements for Flight in VFR Conditions
 

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

Inspections

USU seeks an exemption from the maintenance inspection requirements 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 regulationsspecify

maintenance and inspection standards in reference to 14 C.F.R. Part 43.

6 An exemption from these

regulationsis 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 equivalent level of safety will be achieved because maintenance and inspections will be

performed in accordance with the operating documents and any required manufacturer Safety or

Service Bulletins. Further, asrequired by the operating documents, the PIC will conduct a pre-flight

inspection of the UAS and all associated equipment 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 occur 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. Asrequired by the operating documents, the PIC who conductsthe functional test flight

will make an entry in the UAS aircraft records of the flight. 

The operating documents also include requirements to follow the UAS manufacturer’s

maintenance, overhaul, replacement, inspection, and life limit requirements for the aircraft and

aircraft components. Moreover, the operating documents also include procedures to document and

maintain a record of the UAS maintenance, preventative maintenance, alterations, status of

replacement/overhaul component parts, and the total time in service of Petitioner's UAS. As a whole,

the maintenance and inspection proceduresrequired by Petitioner's operating documents ensure that

an equivalent 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

USU seeks exemption from these sections, which restricts private, recreational orsport pilot

certificate holders from flying aircraft for compensation or hire, and would also require a second

class medical certificate. The purpose of Part 61 is to ensure that the skill and competency of any

PIC matchesthe airspace in which the PIC will be operating, as well asrequiring certificationsif 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 Aerial7, the FAA determined that the

unique characteristics of UAS operation outside of controlled airspace did not warrant the additional

 

6

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.").

7

FAA Docket No. FAA-2014-0352.
 

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cost and restrictions attendant with requiring the PIC to have a Commercial Pilot Certificate and

Class II Medical Certificate. The fulfillment of the additional requirements 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 Department of Homeland Security

(DHS), the FAA determined that holders of recreational and sport pilot certificates would be

qualified to serve as the PIC for UAS operations.8 

The restrictions Petitioner has placed on its UAS operations meet or exceed the restrictions

similarly imposed on Astraeus Aerial and other operatorsin more recently granted exemptions under

Section 333 of the FAA Reform Act. USU will operate away from persons and property that is not

the subject matter of the flight. USU will also require all PICsto be thoroughly trained in the unique

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 participate in commercial flights on behalf of USU. The pilot

qualification, training, and currency requirements in the operating documents ensure that USU's

pilots are competent and proficient in the UAS they are operating. The Petitioner's training and

qualification requirements 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 equivalent level of safety.

D. 91.7(a): Civil Aircraft Airworthiness

Inasmuch as there will be no airworthiness certificate issued for the UAS, USU seeks an

exemption from 14 C.F.R. § 91.7(a), which requiresthat 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 whether the aircraft isin 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

Title 14 C.F.R. § 91.9(b)(2) and § 91.203(a) and (b) require 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 –

 

8

See Grant of Exemption No. 11213 to Aeryon Labs, Inc. (Docket No. FAA-2014-0642 at pgs.

8-9).
 

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...

(2) For which an Airplane or Rotorcraft Flight Manual is required 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

combination 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 unlessthe airworthiness certificate required

by paragraph (a) of thissection or a special flight authorization issued under § 91.715

is displayed at the cabin or cockpit entrance so that it islegible to passengers or crew.

Given the small 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 required documents from the ground control station from which he or she is

operating the aircraft.9 Asthis FAA Office of Chief Counsel Opinion clarifies, the intent of the rule

is to ensure the pilot has access to these key documents during flight. Therefore, an equivalent level

of safety will be achieved by ensuring that the pilot has access to the documents at the ground

control station from which he or she is piloting the UAS.10 

 

9 Memorandum from 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. 

10 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

sectionsis not necessary. See Exemption No. 11062. Relevant materials may be kept

in a location accessible to the PIC in compliance with the regulations.
 

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F. 91.103: Preflight Action

Petitioner seeks an exemption from 14 C.F.R. § 91.103, which requires a PIC to become

familiar with specific information before each flight, including information contained in the FAAapproved Flight Manual on board the aircraft. While the PIC will be familiar with all information

necessary to safely conduct the flight, an exemption isrequested to the extent that an FAA-approved

Flight Manual is required.

Adherence to the requirements in the operating documents will ensure that the UAS is in an

airworthy condition prior to flight. The 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 required to review weather, flight requirements, battery charge,

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 unlessthat aircraft hasfully 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 required for the flight instruction requirements of 14 C.F.R. §

91.109(a). 

Given the size and speed of the UAS that Petitioner intendsto use, an equivalent level ofsafe

training can still be achieved without dual controls because no pilot or passengers are aboard the

UAS, and as required 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 flight 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 Congested Areas

USU requests an exemption from the minimum safe altitude requirements of 14 C.F.R. §

91.119(c).

11 Section 91.119 prescribes the minimum safe altitudes under which aircraft may not

operate, including 500 feet above the surface and away from any person, vessel, vehicle, orstructure

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

 

11 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).
 

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Page 14

An exemption isrequired because the proposed UAS operations will normally need to occur

below 400 feet AGL. Additionally, due to the nature of the proposed operations, the PIC and/or

Observers may need to be lessthan 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 associated with these operations is far less than those that

presently exist with conventional aircraft. 

An equivalent 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 distance of 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 flight operations can be safely terminated 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 made 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 USU's operating documents will ensure the proposed operations

can be conducted without compromising safety to persons or property on the ground. 

I. 91.121: Altimeter Settings

To the extent necessary for USU to conduct the proposed operations, Petitioner requests an

exemption from 14 C.F.R. § 91.121, which requires a person operating an aircraft to maintain

cruising altitude or flight level by reference to an altimeter that isset to the elevation of the departure

airport or barometric pressure. 

The FAA has stated that an equivalent level of safety to the requirements 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.12

The UAS that Petitioner intendsto use for performing the proposed operations meet all these

operational characteristics. Moreover, the operating documents require 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 procedures

contained in the operating documents, ensure that an equivalent level ofsafety will be achieved, and

a grant of exemption to the requirements of § 191.121 is therefore appropriate.

 

12 See Grant of Exemption No. 11062 to Astraeus Aerial (Docket No. FAA-2014-0352 at 21).
 

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

USU requests an exemption from 14 C.F.R. § 91.151(a)'sfuel requirementsfor 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 is enough fuel to fly to the

first point of intended landing and, assuming normal cruising 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 limitations 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 requirements of 14 C.F.R. § 91.151(a) is therefore required. 

The FAA has previously granted relief from the fuel requirements of § 91.151(a) for flight in

daytime VFR conditionsin circumstancessimilar to those presented in this Petition for Exemption.

13

In Exemption No. 11213 to Aeryon Labs, Inc.14, the FAA determined that a requirement prohibiting

the PIC from beginning a UAS flight unless (considering wind and forecast 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 reserve power recommended by the

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

91.151(a). Petitioner's operating documentsimpose thissame requirement and an exemption from §

91.151(a)'s fuel requirements for flight in VFR conditions is therefore appropriate. 

VI. DRUG AND ALCOHOL PROGRAM

USU 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. PUBLIC INTEREST

The public interest will be served by granting USU'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. Granting 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 required rulemaking. 

Beyond increased levels ofsafety, the public standsto benefit enormously from the education

and research programssupported by the proposed operationsin this Petition for Exemption. Whether

 

13 See e.g., Exemption Nos. 8811, 10808, and 10673.

14 Docket No. FAA-2014-0642.
 

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Page 16

it is collecting aerial imagery for researchers developing river restoration projects, or gathering vital

information that will help farmers grow healthy crops in a more sustainable manner, the public as a 

whole with benefit from the information gathered and studied as part of the education and research

programs supported by the proposed operations in this Petition for Exemption. 

VIII. PRIVACY

The proposed operations will be conducted in accordance with applicable federal, state, or

local laws regarding privacy. USU 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. FEDERAL REGISTER SUMMARY

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the

FEDERAL REGISTER, 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); 91.103; 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). 

The exemption will enhance safety by reducing risk to the general public and property

owners from the substantial hazards associated with using conventional fixed-wing aircraft or

rotorcraft for aerial data collection in support of university education and research programs.

X. CONCLUSION

The proposed operations in this Petition for Exemption satisfy the criteria articulated in

Section 333 of the Reform Act and the FAA hasissued grants of exemption in circumstancessimilar

in all respects to those presented by USU in this Petition for Exemption. In consideration of the

foregoing, USU 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 the requested exemptions, please do

not hesitate to contact us. 
 

U.S. Department of Transportation

August 28, 2015

Page 17

Very truly yours,

Mark E. McKinnon

Matthew J. Clark

Counsel for Utah State University 

Attachments
 

U.S. Department of Transportation

August 28, 2015

Page 18

(The following attached items will be submitted underseparate cover asthey contain 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)).

Attachments:

The University UAS Operations Manual

AggieAir Aircraft System and Operations Manual

RS/GIS Laboratory "Mary Poppins" DJI s1000 Mandatory Pre-Flight Checklist