AUSLEY MCMULLEN 

ATTORNEYS AND COUNSELORS AT LAW 

123 SOUTH CALHOUN STREET 

P.O. BOX 391 (ZIP 32302) 

TALLAHASSEE, FLORIDA 32301 

(850) 224-9115 FAX (850) 222-7560 

www.ausley.com 

March 10, 2015 

Via Electronic Submission and Certified U.S. Mail 

Docket Operations 

U.S. Department of Transportation 

West Building Ground Floor, Room W12-140 

1200 New Jersey Avenue, S.E. 

Washington, D.C. 20590 

Re: Application for Exemption from Specified Aviation Regulations Under Section 

333 of the FAA Modernization and Reform Act of 2012. 

 Applicant: Florida State University 

Attn: David F. Merrick 

Director, Center for Disaster Risk Policy 

113 Collegiate Loop 

637 Bellamy 

Tallahassee, Florida 32306-2250 

Telephone: (850) 644-9961 

Email: dmerrick@cdrp.net 

Dear Sir or Madam: 

 Please accept this letter as the application of the Center for Disaster Risk Policy at 

Florida State University for exemption from specified provisions of the Code of Federal 

Regulations. This exemption request is submitted under Section 333 of the FAA Modernization 

and Reform Act of 2012 (“FMRA”). 

 The Center for Disaster Risk Policy (the “Applicant”) is the research center of the Florida 

State University Emergency Management and Homeland Security Program (the “EMHS 

Program”). The Applicant’s research focuses on disaster management and technical assistance in 

support of the EMHS Program, government agencies, and non-governmental agencies. The 

Applicant is a recognized leader in policy development, technical solutions, and training. 
2 

 The Applicant has begun research into how Small Unmanned Aircraft Systems (“sUAS”) 

can be utilized to support emergency and disaster managers. Still photographs and video imagery 

can be captured by sUAS in real time at a fraction of the cost of manned aircraft. The Applicant 

has supported sUAS mapping operations in Haiti and Jamaica in the course of its research. 

 The FAA has already granted the Applicant a Certificate of Waiver or Authorization 

(“COA”) for research activities in eastern Tallahassee, Florida.1

 The Applicant has applied for 

two additional COAs for research activities north of Tallahassee.2

 

 The Applicant submits this exemption request to expand its research operations to include 

training tuition-paying students in how to effectively utilize sUAS systems in disaster 

management. The Applicant requests exemption from the following regulations for this purpose: 

14 C.F.R. Part 21, Subpart H; 14 C.F.R. § 45.23(b); 14 C.F.R. § 61.113(a), (b); 14 C.F.R. 

§ 61.3(d)(2)(iii); 14 C.F.R. § 91.7(a), (b); 14 C.F.R. § 91.9(b)(2); 14 C.F.R. § 91.103; 14 C.F.R. 

§ 91.109; 14 C.F.R. § 91.119(b), (c); 14 C.F.R. § 91.121; 14 C.F.R. § 91.151(a)(1); 14 C.F.R. § 

91.203(a), (b); 14 C.F.R. § 91.405(a), (b); 14 C.F.R. § 91.407(a)(1); 14 C.F.R. § 91.409(a)(1)-

(2); and 14 C.F.R. § 91.417(a), (b). 

Summary of Applicant’s Scope of Operations

 The Applicant proposes to conduct training of tuition-paying students in the use and 

operation of sUAS platforms in the field of disaster management. The Applicant has developed a 

“UAS Standard Operating Guide” (the “Guide”) that sets forth standard operating procedures for 

its UAS operations.3 These procedures provide a baseline to ensure that all students operating an 

sUAS in the Applicant’s program possess sufficient knowledge of both airspace and the sUAS 

technology to operate safely in the National Airspace System (“NAS”). 

 The Applicant proposes to conduct training operations in the Operations Areas defined in 

the granted COA enclosed as Attachment 1 and the submitted COA applications enclosed as 

Attachments 2 and 3 (the “Operations Areas”). 

 The Pilot in Command (“PIC”) for each operation will hold, at a minimum, a private pilot 

certificate. The students training under the PIC in each operation will meet the standards 

 

1

 A copy of the granted COA, No. 2014-ESA-109-COA, is enclosed as Attachment 1. This COA 

is effective through October 5, 2016. 

2

 The pending COA applications are No. 2014-ESA-198-COA (submitted December 8, 2014), 

and No. 2015-ESA-22-COA (submitted February 4, 2015). Copies of these applications are 

enclosed as Attachment 2 and 3, respectively. 

3

 A copy of the Guide is enclosed as Attachment 4. 
3 

specified in the Guide, as well as any other additional requirement the FAA requires under this 

application. The PIC and the students in training will be specifically trained to operate the sUAS 

platforms utilized in the Applicant’s operations. 

Each operation will be initiated following a discrete COA application. 

Aircraft and Equivalent Level of Safety 

The Applicant’s training activities will take place in the Operations Areas defined in the 

Applicant’s granted COA and the pending COAs enclosed as Attachments 1, 2, and 3. These 

Operations Areas are in remote locations. sUAS operations in these Operations Areas pose little 

risk of injury or property damage. 

The Applicant proposes to use the following sUAS platforms for its operations under this 

application: 

1. 3D Robotics IRIS+ 4

2. 3D Robotics Y6 5

3. Swift Radioplanes Lynx UAS 6

4. Parkzone Radian RTF 7

These platforms all weigh less than 55 lbs, including energy sources and equipment. 

Manufacturer-provided manuals and checklists are enclosed with this application (the 

“Manufacturer Instructions”). The Manufacturer Instructions will be used in conjunction with the 

Applicant’s Guide to ensure that the sUAS platforms are operated safely. 

 The Applicant will apply to register the sUAS platforms with the FAA prior to 

conducting operations. These registrations will be in accordance with the FAA’s guidance to 

COA holders from the FAA UAS Integration Office dated November 5, 2014, as the same may 

be updated from time to time. 

 

4

 The Operation Manual and Flight Checklist for the 3D Robotics IRIS+ are enclosed as 

Attachments 5 and 6. 

5

 The Build Manual and Flight Checklist for the 3D Robotics Y6 are enclosed as Attachments 7 

and 8. 

6

 The Aircraft Flight Manual and Operator and Crewmember Checklist for the Lynx UAS are 

enclosed as Attachments 9 and 10. 

7

 The Instruction Manual for the Radian RTF is enclosed as Attachment 11. 
4 

 The Applicant agrees to be bound by the following limitations and conditions when 

conducting commercial operations under an FAA issued exemption include: 

1. The sUAS will weigh less than 55 lbs including energy sources and equipment. 

2. The sUAS will be flown at a speed less than a ground speed of 50 knots. 

3. Flights will be operated at an altitude of no more than 400 feet AGL. 

4. Flights will be operated within line of sight of the Pilot in Command (PIC) at all 

times. 

5. All operations will utilize a visual observer (VO). The VO and PIC will be in 

communications at all times. 

6. The Applicant’s Guide and the relevant Manufacturer Instructions will be 

maintained and made available to the FAA upon request. 

7. Prior to each flight, the PIC will inspect the sUAS to ensure it is in a condition for 

safe flight. 

8. The Applicant will follow the manufacturer’s sUAS aircraft and component 

maintenance, overhaul, replacement, inspection, and life limit requirements. 

9. The PIC will possess at least a private pilot certificate and a third-class medical 

certificate. The PIC will also meet the flight review requirements specified in 14 

CFR 61.56 in an aircraft in which the PIC is rated on his/her pilot certificate. 

10. The sUAS will not be operated directly over any person below an altitude that is 

hazardous to persons or property on the surface in the event of an sUAS failure or 

emergency. 

11. The Applicant will utilize the documented emergency procedures appropriate to 

each sUAS platform in the event of engine or power failure, fire, loss of control 

link, loss of GPS, loss of telemetry data link, and loss of video downlink. These 

procedures shall be those set forth in the Applicant’s Guide and the Manufacturer 

Instructions. 

12. The Applicant will obtain an Air Traffic Organization (ATO) issued Certificate of 

Waiver or Authorization (COA) prior to conducting any operations under the 

grant of exemption. The COA will require the operator to request a Notice to 

Airman (NOTAM) not more than 72 hours in advance, but not less than 48 hours 

prior to the operation. 

13. If required, the word “Experimental” will be placed on the fuselage in compliance 

with § 45.29 (f). The equivalent level of safety will be provided by having the 

sUAS marked on its fuselage as required by § 45.29(f) where the pilot, observer 

and others working with the sUAS will see the identification of the sUAS as 

“Experimental.” The FAA has issued the following exemptions to this regulation 

to Exemptions Nos. 10700, 8738, 10167 and 10167A. The FAA has also waived 
5 

the marking requirement entirely in other Section 333 Exemption applications, 

such as Exemptions Nos. 11109 and 11110. 

14. The Applicant will document and maintain a record of the sUAS maintenance in 

the UAS airframe logbook as set forth in the Applicant’s Guide. 

15. Each sUAS operated under this exemption will comply with all manufacturer 

Safety Bulletins. 

16. At least 3 days before flight operations, we will submit a written Plan of 

Activities to the local FSDO with jurisdiction over the area to be flown. The Plan 

of Activities will include at least the following: 

a. Dates and times for all flights. 

b. Name and phone number of the PIC for the sUAS flight conducted under 

the grant of this exemption. 

c. Make, model, and serial or N-number of sUAS to be used. 

d. Name and certificate number of sUAS PIC. 

e. A statement that the operator has obtained permission from property 

owners and/or local officials to conduct the flight. 

f. Signature of exemption holder or representative. 

g. A description of the flight activity, including maps or diagrams of the area 

where the flight will be conducted. 

17. The documents required under 14 C.F.R. sections 91.9 and 91.203 will be 

available to the PIC at the ground control station of the sUAS any time the aircraft 

is operating. 

18. The sUAS will remain clear and yield the right of way to all other manned 

operations and activities at all times (including, but not limited to, ultralight 

vehicles, parachute activities, parasailing activities, hang gliders, etc.). 

19. sUAS operation will be conducted during daylight hours. 

20. The sUAS will be operated by the PIC from a stationary position, i.e., not from 

any moving device or vehicle. 

21. The sUAS will not be operated less than 500 feet below or less than 2,000 feet 

horizontally from a cloud or when visibility is less than 3 statute miles from the 

PIC. 

22. The sUAS will not operate in Class B, C, or D airspace without written approval 

from the FAA. The sUAS will not operate within 5 nautical miles of the 

geographic center of a non-towered airport as denoted on a current FAApublished aeronautical chart unless a letter of agreement with that airport’s 

management is obtained and the operation is conducted in accordance with a 

NOTAM as required by the operator’s COA. 

23. Any 1) incident, 2) accident, or 3) flight operation that transgresses the lateral or 

vertical boundaries of the operational area as defined by the applicable COA will 
6 

be reported to the FAA’s UAS Integration Office (AFS-80) within 24 hours. 

Accidents will be reported to the National Transportation Safety Board (NTSB) 

per instructions contained on the NTSB Web site. Further flight operations will 

not be conducted until the incident, accident, or transgression is reviewed by 

AFS-80 and authorization to resume operations is provided. 

Regulations From Which the Applicant Requests Exemption 

The Applicant requests exemption from the following regulations: 

 14 C.F.R. Part 21, Subpart H 

14 C.F.R. § 45.23(b) 

14 C.F.R. § 61.113(a), (b) 

14 C.F.R. § 61.3(d)(2)(iii) 

14 C.F.R. § 91.7(a) (b) 

14 C.F.R. § 91.9(b)(2) 

14 C.F.R. § 91.103 

14 C.F.R. § 91.109 

14 C.F.R. § 91.119(b), (c) 

14 C.F.R. § 91.121 

14 C.F.R. § 91.151(a)(1) 

14 C.F.R. § 91.203(a), (b) 

14 C.F.R. § 91.405(a), (b) 

14 C.F.R. § 91.407(a)(1) 

14 C.F.R. § 91.409(a)(1)-(2) 

14 C.F.R. § 91.417(a), (b) 

The sUAS platforms the Applicant seeks approval to use through this exemption request 

all weigh 55 pounds or fewer, including payload. They operate, under normal conditions at a 

speed of no more than 50 knots. The rotorcraft platforms have the capability to hover and move 

in the vertical and horizontal plane simultaneously. Each sUAS platform will operate only in 

visual line of sight and will operate only within the Operations Areas defined in the granted COA 

and COA Applications enclosed as Attachments 1, 2, and 3. These operations will ensure that the 

sUAS will “not create a hazard to users of the national airspace system or the public,” as 

contemplated by Section 333(b) of FMRA. 

Given the small size of the sUAS platforms involved and the limited environments within 

which they will operate, the applicant falls squarely within that zone of safety (an equivalent 

level of safety) in which Congress envisioned that the FAA must, by exemption, allow 
7 

commercial operations of sUAS to commence immediately. Also, due to the size of the sUAS 

platforms and the defined areas in which the relevant sUAS will operate, approval of the 

application presents no national security issue. Given the clear direction in Section 333 of the 

FMRA, the authority contained in the Federal Aviation Act, as amended; the strong equivalent 

level of safety surrounding the proposed operations, and the significant public benefit in 

producing graduates that are trained in sUAS operations, it is in the public interest to grant the 

requested exemption. Accordingly, the applicant respectfully requests that the FAA grant the 

requested exemption without delay. 

Narrative Regarding Requested Exemptions 

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. § 91.203(a)(1) 

The FAA has previously determined that no airworthiness certification is necessary for 

sUAS platforms. See, e.g., Exemption No. 11110. The Applicant therefore believes that no 

exemption is necessary from Part 21, Subpart H. 

To the extent that the FAA finds that Part 21 is applicable to the Applicant’s proposed 

operations, the Applicant requests an exemption from it. Subpart H, entitled Airworthiness 

Certificates, establishes the procedural requirements for the issuance of airworthiness certificates 

as required by 14 C.F.R. § 91.203(a)(1). Given the size and limited operating area associated 

with the sUAS platforms to be utilized by the Applicant, an exemption from Part 21 Subpart H 

meets the requirements of an equivalent level of safety under Part 11 and Section 333 of the 

FMRA. The Federal Aviation Act (49 U.S.C.§ 44701(f)) and Section 333 of the FMRA both 

authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate upon 

consideration of the size, weight, speed, operational capability, and proximity to airports and 

populated areas of the particular sUAS. In all cases, an analysis of these criteria demonstrates 

that the sUAS operated without an airworthiness certificate, in the restricted environment and 

under the conditions proposed will be at least as safe, or safer, than a conventional aircraft 

operating with an airworthiness certificate without the restrictions and conditions proposed. 

The sUAS platforms to be operated under this exemption all weigh less than 55 pounds, 

fully loaded. The platforms carry no pilots or passengers, no explosive materials or flammable 

liquid fuels, and will operate exclusively within the Operations Areas defined in this application. 

Operations under this exemption will be tightly controlled and monitored by the operator. The 

FAA will have advance notice of all operations. These safety enhancements provide a greater 

degree of safety to the public and property owners than conventional operations conducted with 

airworthiness certificates issued under 14 C.F.R. Part 21, Subpart H. Application of these same 

criteria demonstrates that there is no credible threat to national security posed by the sUAS 
8 

platforms due to their size, speed of operation, location of operation, lack of explosive materials 

or flammable liquid fuels, and inability to carry a substantial external load. 

14 C.F.R. § 45.23(b). Marking of the Aircraft 

The FAA has previously determined that an exemption from § 45.23(b) is not required 

for sUAS platforms that do not need to be certified under Part 21. See, e.g., Exemption No. 

11110. The Applicant therefore believes that no exemption is necessary from 14 C.F.R. 

§ 45.23(b). To the extent that the FAA finds that § 45.23(b) is applicable to the Applicant’s 

intended operations, the Applicant requests an exemption therefrom as follows. 

The regulation requires: 

When marks include only the Roman capital letter “N” and the 

registration number is displayed on limited, restricted or light-sport 

category aircraft or experimental or 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. 

 

Even though the sUAS platforms will have no airworthiness certificate, an exemption 

may be needed as the sUAS will have no entrance to the cabin, cockpit or pilot station on which 

the word “Experimental” can be placed. Given the size of the sUAS platforms, two-inch 

lettering may be impossible. The word “Experimental” will be placed on the fuselage in 

compliance with 14 C.F.R. § 45.29(f). 

The equivalent level of safety will be provided by having the sUAS marked on its 

fuselage as required by 14 C.F.R. § 45.29(f) where the pilot, observer and others working with 

the sUAS will see the identification of the sUAS as “Experimental.” The FAA has issued the 

following exemptions to this regulation to Exemptions Nos. 10700, 8738, 10167 and 10167A. 

14 C.F.R. § 61.113 (a) & (b): Private Pilot Privileges and Limitations: Pilot in Command 

Sections 61.113 (a) & (b) limit private pilots to non-commercial operations. Because the 

sUAS will not carry a pilot or passengers, the proposed operations can achieve the equivalent 

level of safety of current operations by requiring the PIC operating the aircraft to have a private 

pilot’s certificate rather than a commercial pilot’s certificate to operate this sUAS. Unlike a 
9 

conventional aircraft that carries the pilot and passengers, the sUAS is remotely controlled with 

no living thing on board. The Operations Areas will be controlled and all flights will be planned 

and coordinated in advance. The level of safety provided by the requirements included in the 

Applicant’s Guide and the Manufacturer Instructions exceeds that provided by a single 

individual holding a commercial pilot’s certificate operating a conventional aircraft. The risks 

associated with the operation of sUAS are so diminished from the level of risk associated with 

commercial operations contemplated by Part 61 when drafted, that allowing operations of sUAS 

as requested with a private pilot as the PIC exceeds the present level of safety achieved by 14 

C.F.R. § 61.113 (a) & (b). The FAA has approved sUAS operations with a private pilot’s 

certificate in other exemptions. See, e.g., Exemption No. 11110. 

14 C.F.R. § 61.3(d)(2)(iii): Requirement for Certificates, Ratings, and Authorizations 

 The regulation requires that “no other person other than the holder of a flight instructor 

certificate issued under this part with the appropriate rating on that certificate may . . . [e]ndorse 

a pilot logbook to show training given.” The Applicant requests exemption from this regulation 

as the PIC performing training activities under this exemption may not hold an FAA-issued flight 

instructor certificate. An equivalent level of safety will be achieved by the Applicant’s adherence 

to the procedures set forth in the Guide and the Manufacturer Instructions. 

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

The regulation requires that no person may operate a civil aircraft unless it is in airworthy 

condition. As there will be no airworthiness certificate issued for the aircraft, should this 

exemption be granted, no FAA regulatory standard will exist for determining airworthiness. An 

equivalent level of safety will be provided by the small size of the aircraft and the requirements 

contained in the Guide and Manufacturer Instructions for maintenance and use of safety check 

lists prior to each flight. The Applicant will ensure that the sUAS is in an airworthy condition 

prior to each flight based on compliance with the specifications in the Guide and Manufacturer 

Instructions. 

14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft 

Section 91.9(b)(2) provides: 

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

(2) For which an Airplane or Rotorcraft Flight Manual is not 

required by § 21.5 of this chapter, unless there is available in the 
10 

aircraft a current approved airplane or Rotorcraft Flight Manual, 

approved manual material, markings, and placards, or any 

combination thereof. 

 

The sUAS platforms, given their size and configuration, have no ability or place to carry 

a flight manual. An equivalent level of safety will be maintained by keeping the flight manual at 

the ground control point where the pilot flying the sUAS will have immediate access to it. The 

FAA has issued the following exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 

9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 32827, and 10700. The FAA has previously 

determined that an exemption from this regulation is not necessary, as relevant materials may be 

kept in a location accessible to the PIC and not on the sUAS itself. See Exemption No. 11110. 

14 C.F.R. § 91.103: Preflight action 

This regulation requires each pilot in command to take certain actions before flight to 

insure the safety of flight. As FAA approved flight manuals will not be provided for the aircraft 

an exemption will be needed. An equivalent level of safety will be provided through the PIC 

following the procedures set forth in the Guide and Manufacturer Instructions. The PIC will take 

all actions including reviewing weather, flight battery requirements, landing and takeoff 

distances and aircraft performance data before initiation of flight. The PIC will account for all 

relevant site-specific conditions in the preflight procedures. The FAA has granted exemption 

from this regulation to other sUAS operators. See Exemption No. 11109. 

14 C.F.R. § 91.109: Flight instruction 

Section 91.109 provides that no person may operate a civil aircraft (except a manned free 

balloon) that is being used for flight instruction unless that aircraft has fully functioning dual 

controls. By their design, sUAS and remotely piloted aircraft do not have fully functional dual 

controls. Flight control is accomplished through the use of a control box that communicates with 

the aircraft via radio communications. The FAA has approved exemptions for flight training 

without fully functional dual controls for a number of aircraft and for flight instruction in 

experimental aircraft. See Exemption Nos. 5778K and 9862A. The equivalent level of safety 

provided by the fact that neither a pilot nor passengers will be carried in the aircraft and by the 

size and speed of the aircraft. 

The PIC and the student that the PIC is training will use a “buddy box” system utilizing 

two transmitters. The PIC instructor will be able to control the sUAS with his or her transmitter, 

flip a switch to transfer control to the student, and may flip the switch again to regain control. In 

this manner, the PIC instructor can demonstrate how to fly the sUAS or perform a “rescue” of 
11 

the sUAS if the student makes a poor aeronautical decision. Use of the buddy box system allows 

this level of control without having the PIC and student pass a physical controller between them. 

When the PIC is performing training on sUAS platforms that utilize a computer, tablet, or 

other non-radio transmitter as their primary source of control, the PIC will provide an equivalent 

level of safety through the use of a radio transmitter that can override autonomous control via a 

switch located on the radio transmitter. When this switch is activated, control is transferred from 

the autopilot to the transmitter, immediately taking the autopilot offline. The sUAS will then be 

operated in the same manner as a basic radio controlled aircraft. The PIC will maintain visual 

line of sight at all times in order to determine whether such intervention becomes necessary. 

14 C.F.R. § 91.119: Minimum safe altitudes 

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119(d) 

allows helicopters to be operated at less than the minimums prescribed, provided the person 

operating the helicopter complies with any route or altitudes prescribed for helicopters by the 

FAA. As this exemption is for sUAS that are similar to helicopters, and the exemption requests 

authority to operate at altitudes up to 400 AGL, an exemption may be needed to allow such 

operations. The sUAS platforms will not be operated at higher than 400 AGL. 

 

The equivalent level of safety will be achieved given the size, weight, speed of the sUAS 

platforms as well as the locations where they are operated. The low-altitude operations of the 

sUAS platforms will ensure separation between these sUAS operations and the operations of 

conventional aircraft that must comply with Section 91.119. 

14 C.F.R. § 91.121: Altimeter Settings 

This regulation requires each person operating an aircraft to maintain cruising altitude by 

reference to an altimeter that is set “...to the elevation of the departure airport or an appropriate 

altimeter setting available before departure.” As the sUAS platforms may not have a barometric 

altimeter, but instead a GPS altitude read out, an exemption may be needed. An equivalent level 

of safety will be achieved by the operator, pursuant to the Guide and Manufacturer Instructions, 

confirming the altitude of the launch site shown on the GPS altitude indicator before flight. 

The Parkzone Radian RTF has neither a barometric altimeter nor a GPS altitude 

indicator. This sUAS is strictly a radio controlled aircraft. An equivalent level of safety will be 

achieved by the operator through use of the Guide and Manufacturer Instructions. 
12 

14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions 

Section 91.151 (a) prohibits an individual from beginning “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.” 

Given the limitations on the proposed Operations Areas, a longer time frame for VFR 

conditions is reasonable. Applicant believes that an exemption from 14 CFR § 91.151(a) falls 

within the scope of prior exemptions. See Exemption 10673 (allowing Lockheed Martin 

Corporation to operate without compliance with 14 C.F.R. § 91.151(a)). 

Operating the sUAS platforms in controlled Operations Areas does not engender the type 

of risks that Section 91.151(a) was intended to alleviate given the size and speed of the sUAS 

platforms. Similar exemptions have been granted to other operations, including Exemptions 

2689F, 5745, 10673, and 10808. 

14 C.F.R. § 91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration 

The FAA has previously determined that no airworthiness certification is necessary for 

sUAS platforms. See, e.g., Exemption No. 11110. The Applicant therefore believes that no 

exemption is necessary from § 91.203. However, to the extent that the FAA finds that section 

91.203 is applicable to the Applicant’s operations, the Applicant requests an exemption 

therefrom. 

The regulation provides in pertinent part: 

(a) Except as provided in § 91.715, no person may operate a 

civil aircraft unless it has within it the following: 

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

(b) No person may operate a civil aircraft unless the 

airworthiness certificate required by paragraph (a) of this section 

or a special flight authorization issued under §91.715 is displayed 

at the cabin or cockpit entrance so that it is legible to passengers or 

crew. 
13 

The sUAS platforms weigh no more than 55 pounds fully loaded, and are operated 

without an onboard pilot. As such, there is no ability or place to carry certification and 

registration documents or to display them on the sUAS. 

An equivalent level of safety will be achieved by keeping these documents at the ground 

control point where the pilot flying the sUAS will have immediate access to them, to the extent 

they are applicable to the sUAS. The FAA has issued numerous exemptions to this regulation. A 

representative sample of other exceptions includes Exemption Nos. 9565, 9665, 9789, 9789A, 

9797, 9797A, 9816A, and 10700. 

14 C.F.R. § 91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections 

These regulations require that an aircraft operator or owner “shall have that aircraft 

inspected as prescribed in subpart E of this part and shall between required inspections, except as 

provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of 

this chapter...,” and others shall inspect or maintain the aircraft in compliance with Part 43. 

Given that these section and Part 43 apply only to aircraft with an airworthiness 

certificate, these sections will not apply to the Applicant. Maintenance will be accomplished by 

the operator pursuant to the Guide and the Manufacturer Instructions. An equivalent level of 

safety will be achieved because these sUAS are very limited in size, will carry a small payload, 

and will operate only in defined Operations Areas for limited periods of time. If mechanical 

issues arise the sUAS platforms can land immediately and will be operating from no higher than 

400 feet AGL. As provided in the Guide and Manufacturer Instructions, the operator will ensure 

that the sUAS is in working order prior to initiating flight, perform required maintenance, and 

will keep a log of any maintenance performed. Moreover, the operator is the person most 

familiar with the aircraft and best suited to maintain the aircraft in an airworthy condition to 

provide the equivalent level of safety. 

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: 

Applicant seeks an exemption from the following rules: 

14 C.F.R. Part 21, Subpart H; 14 C.F.R. § 45.23(b); 14 C.F.R. § 

61.113(a), (b); 14 C.F.R. § 61.3(d)(2)(iii); 14 C.F.R. § 91.7(a), (b); 

14 C.F.R. § 91.9(b)(2); 14 C.F.R. § 91.103; 14 C.F.R. § 91.109; 14 

C.F.R. § 91.119(b), (c); 14 C.F.R. § 91.121; 14 C.F.R. § 
14 

91.151(a)(1); 14 C.F.R. § 91.203(a), (b); 14 C.F.R. § 91.405(a), 

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

C.F.R. § 91.417(a), (b), to operate a small unmanned aircraft 

system weighing less than fifty-five pounds for training purposes. 

Approval of exemptions allowing commercial operations of sUAS platforms for training 

purposes will enhance safety by providing trained sUAS pilots for hire to the commercial sUAS 

industry. The operation of sUAS, weighing less than 55 pounds, conducted in accord with the 

conditions outlined above, will provide an equivalent level of safety supporting the grant of the 

exemptions requested herein, including exempting the applicant from the requirements of Part 21 

and allowing commercial operations. These lightweight aircraft operate at slow speeds, close to 

the ground, and in a sterile environment. As a result, sUAS are far safer than conventional 

operations conducted with manned aircraft. 

Privacy Considerations 

All flights will be conducted in the Operations Areas, which are located in remote areas 

that present no privacy issues of consequence. 

Conclusion 

 The Applicant requests that the FAA grant the exemption requested herein. The 

Applicant looks forward to training the next generation of sUAS pilots that will carry the 

commercial industry forward. 

 Respectfully Submitted, 

 /s/ David F. Merrick 

David F. Merrick 

Director, Center for Disaster Risk Policy 

 Florid State University 

 

/s/ Richard E. Doran, Steven M. Hogan 

Richard E. Doran and Steven M. Hogan 

Ausley McMullen 

Attorneys for the Center for Disaster Risk 

Policy, Florida State University.