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McLean,'VA'22102

Tel:'703.336.8800

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Northern'Virginia

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Mark E. McKinnon

703.336.8708

Matthew J. Clark

703.336.8714

EMAIL ADDRESS

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mclark@mckennalong.com

December 3, 2014

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

Re: Petition of Auburn University Aviation Center, for an Exemption Pursuant to 

Section 333 of the FAA Modernization and Reform Act of 2012

Dear Gentlemen:

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

Act") and 14 C.F.R. Part 11, Auburn University Aviation Center ("Auburn University") hereby 

applies for an exemption from the Federal Aviation Regulations ("FARs") identified below, to 

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

or "UAS") as part of Auburn University's Flight Instruction Program. 

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

well as the accompanying Auburn DJI Phantom 2 UAS Flight Operations Manual, Auburn DJI 

Phantom 2 UAS Aircraft Flight Manual (sometimes referred to collectively as "Auburn's

Ops/Flight Manuals"), DJI Phantom 2 Vision + User Manual, Smart Flight Battery Safety 

Guidelines, Quick Start Guide, and Pilot Training Guide (collectively referred to as 

"Manufacturer's Manuals"). Auburn University submits these supporting materials as 

confidential documents pursuant to 14 C.F.R. § 11.35(b), as the materials contain confidential 

commercial and proprietary information that Auburn University has not and will not share with 

others. Additionally, these documents contain operating conditions and procedures that are not 

generally available to the public and are protected from release under the Freedom of 

Information Act, 5 U.S.C. § 552 et seq., and any other requirements established by the FAA 

pursuant to Section 333 of the Reform Act.
U.S. Department of Transportation

December 3, 2014

Page 2

For your convenience, this Petition is organized as follows:

I. Description of Petitioner

II. Description of Proposed Operation

III. Relevant Statutory Authority

I V. Auburn University's Proposed UAS Operations Meet the Requirements of Section 333 

of the Reform Act

A. Approval is Warranted Based on the UAS's Size, Weight, Speed, and 

Operational Capability

B. Approval is Warranted Based on the Operational Restrictions Set Forth in 

the Auburn's Ops/Flight Manual

V. Regulations From Which Exemption is Sought

A. 14 C.F.R. Part 21, Subpart H ± Airworthiness Certificates and 14 

C.F.R. § 91.203

B. 14 C.F.R. Part 27 Airworthiness Standards: Normal Category 

Rotorcraft

C. 14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness

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

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

Registration

E. 14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a): Aircraft Marking and 

Identification Requirements

F. 14 C.F.R. § 91.103: Preflight Action

G. 14 C.F.R. § 91.109(a): Flight Instruction

H. 14 C.F.R. § 91.119: Minimum Safe Altitudes

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

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

Conditions 

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

Maintenance Inspections

L. 14 C.F.R. Part 61, 14 C.F.R. § 61.3, 14 C.F.R. § 61.113: Private Pilot Privileges 

and Limitations

VI. Public Interest

VII. Privacy

VIII. Federal Register Summary

I V. Conclusion
U.S. Department of Transportation

December 3, 2014

Page 3

I. DESCRIPTION#OF#PETITIONER

Auburn University has a rich aviation history and heritage. Auburn University Flight 

Education was established in 1941 as the Auburn School of Aviation. During World War II, the 

school trained civilian pilots for service in the Army Air Corps. Now, the primary Flight 

Education mission is to provide the Professional Flight Management degree students with a 

quality education in required ground and flight courses. Auburn students in other majors, 

Auburn faculty and staff and local citizens also earn their "wings" at Auburn. After decades of 

successful hires and graduates, Auburn and Flight Education have developed a solid reputation 

for excellence across the aviation industry.

Auburn University is dedicated to continuing to build a robust, visionary aviation and 

aerospace program that fosters economic development, discovers new products and processes, 

and creates opportunities for students. As part of this vision, Auburn University seeks an 

exemption for commercial operations of small UAS to conduct training courses to instruct 

students in the operation of unmanned aircraft and their associated systems. 

In accordance with 14 C.F.R. § 11.81(a), Auburn University provides the following 

information in support of its Petition for Exemption. 

The contact information for Petitioner is as follows:

Bill Hutto

Director 

Auburn University Aviation Center 

2150 Mike Hubbard Boulevard

Phone: (334) 844-1942

Fax: (334) 844-4272

Web: www.auburn.edu/aviationcenter

Email: huttowt@auburn.edu

II. DESCRIPTION#PROPOSED#OPERATION

Auburn University intends to establish a UAS Flight Instruction Program. This program 

will introduce students to the elements of UAS operation from a commercial and noncommercial perspective and how these operations must fit into the National Air Space System 

("NAS"). All UAS training and instruction activities will occur under tightly controlled 

conditions on property that is more than five miles from any airport and is owned and controlled 

by Auburn University. Upon completion of Auburn University's Program, students will be 

provided with a Certificate of Completion. This "Certificate of Completion" does not permit the 

student to engage in commercial UAS activities that are not in accordance with the FARs, but 
U.S. Department of Transportation

December 3, 2014

Page 4

rather, is intended to be an acknowledgement that the student has successfully demonstrated a 

complete understanding of UAS operations from a NAS perspective. 

Auburn University will serve students, federal, state, and local governments, and the 

aviation industry as a whole by pioneering UAS academic programs, enhancing relationships 

with government and industry, strengthening UAS flight operations and training, and 

collaborating with other academic institutions. This exemption request is an opportunity to not 

only prepare students for aviation and aerospace careers in the UAS industry, but also to 

collaborate with the FAA to study and address training and qualification needs specific to the 

UAS industry. Furthermore, Auburn University will coordinate and continuously update its 

curriculum to take advantage of new guidance and regulations proposed and implemented by the 

FAA. Auburn University is committed to ensuring that its instruction program not only is 

compliant, but always reflects best practices as UAS integration into the NAS proceeds. 

 

III. RELEVANT#STATUTORY#AUTHORITY

This Petition for Exemption is submitted pursuant to Section 333(a) through (c) of the 

FAA Modernization and Reform Act of 2012 ("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:

x The UAS's size, weight, speed and operational capability;

x Operation of the UAS in close proximity to airports and populated areas; and

x 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 exemptions from §§ 44701(a), (b) and §§ 44702 ±

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. AUBURN# UNIVERSITY'S#PROPOSED# UAS OPERATIONS# MEET# THE# REQUIREMENTS# OF#

SECTION#333 OF#THE#REFORM#ACT
U.S. Department of Transportation

December 3, 2014

Page 5

Auburn University's proposed operations in this Petition for Exemption qualify for expedited 

approval pursuant to Section 333 of the Reform Act as each of the statutory criteria and relevant 

factors are satisfied.

A. Approval is Warranted Based on the UAS's Size, Weight, Speed, and

Operational Capability

Auburn University will employ the DJI Phantom 2 Vision Plus quadcopter for the operations 

described in this Petition for Exemption. This UAS has a maximum take-off weight of less than 3

pounds. The flight speed is limited to a maximum of 33.5 miles per hour, and it will not be flown at 

an altitude that exceeds 400 feet AGL. All flights will be flown in such a way that they can be safely 

terminated with a reserve battery power of 25% of the battery's maximum charge. The DJI Phantom 

Vision II Plus does not carry any flammable propellant or fuel. The UAS also has an integrated GPS 

system that calculates the UAS's position and height and relays that information via a secure 

connection to the operator. Additionally, the UAS contains a failsafe mode if its connection to the 

remote control is lost, and this system permits the UAS to return to a predetermined location and 

land without injury or damage.

B. Approval is Warranted Based on the Operational Restrictions Set Forth in

Auburn's Ops/Flight Manuals

Together, Auburn's Ops/Flight Manuals and the Manufacturer's Manuals contain all of the 

procedures and limitations necessary to successfully perform the operations specified in this Petition 

for Exemption. To assist the FAA in making a safety assessment of Auburn University's proposed 

operations, below is a summary of operational limitations and conditions which will ensure an 

equivalent or higher level of safety to operations conducted under current regulatory guidelines:

1. The UAS weighs 3 pounds or less.

2. Flights will be operated within the visual-line-of sight of a pilot and an observer.

3. Maximum total flight time for each operational flight will be limited to 25% reserve 

battery power remaining.

4. Flights will be operated at an altitude of no more than 400 feet AGL and will not be 

conducted within navigable controlled airspace without prior written authorization 

from the FAA.

5. Flights will be operated at a lateral distance of at least 500 feet from any persons, 

inhabited structures, vehicles or vessels that are not involved in the inspection unless 

permission has been received and appropriate waivers have been signed by the 

persons or property owners in advance.
U.S. Department of Transportation

December 3, 2014

Page 6

6. Flights will be limited to a speed of 35 mph and vertical ascent will be limited to 15 

mph.

7. The UAS will be operated and maintained in accordance with the requirements of 

the Manufacturer's Manuals and any manufacturer Safety Bulletins. 

8. Prior to the operation, the flights will be fully preplanned and briefed, including 

possible contingencies and emergency procedures.

9. Auburn University will file a Notice to Airman ("NOTAM") with an appropriate air 

traffic control ("ATC") facility between 72 and 48 hours before the flight. 

10. All required permissions and permits will be obtained from territorial, state, county or 

city jurisdictions, including local law enforcement, fire or other appropriate 

governmental agencies.

11. If the UAS loses communication with the pilot, it will have the capability to return to 

the sterile area home launch location or a pre-determined safe abort location. 

12. Contingency plans will be in place to safely terminate flight if there is a loss of 

communication between the pilot and the observer.

13. The UAS will have the capability to abort flight in the case of unpredicted obstacles

or emergencies.

14. All UAS operators and observers will have a Class III Medical Certificate.

15. All UAS operations will occur in daylight, Visual Flight Recognition ("VFR") 

conditions. IFR flights are prohibited and no flights will occur at night, or in adverse 

weather conditions.

16. The UAS will be controlled by the Phantom 2 2.4GHz Remote Control System and 

the radio frequency spectrum used for operation and control of the UA shall comply 

with the Federal Communications Commission ("FCC") or other appropriate 

government oversight agency requirements. 

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 
U.S. Department of Transportation

December 3, 2014

Page 7

under § 40101 of the Act, including UASs, from its safety regulations and minimum standards 

when the Administrator decides a requested exemption is in the public interest.1

Auburn University seeks an exemption from several interrelated provisions of 14 C.F.R. 

Parts 21, 45, 61 and 91 for purposes of conducting the requested operations using UAS. Listed 

below are: (1) the specific sections of 14 C.F.R. for which exemption is sought, and; (2) 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.2

A. 14 C.F.R. Part 21, Subpart H ± Airworthiness Certificates and 14 C.F.R. §

91.203(a)(1)

The FAA has stated that no exemption is needed from this section if a finding is made 

under the Reform Act that the UAS selected provides an equivalent level of safety when 

compared to aircraft normally used for the same application. These criteria are met, and 

therefore no exemption is needed. See Grant of Exemption to Astraeus Aerial, Docket No. FAA2014-0352 at 13-14, 22. If, however, the FAA determines that there are some characteristics of 

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

Equivalent Level of Safety

The UASs selected by Auburn University are safe when taking into account their size, 

weight, speed, and operational capability. As set forth in Section IV(B), supra, the UAS weighs

less than 3 pounds and will be flown at less than 33.5 mph and completely outside controlled 

airspace. Additionally, the UASs carry neither pilots nor passengers, carry no explosive 

materials and or flammable liquid fuels, and operate exclusively within the parameters stated in 

Auburn's Ops/Flight Manuals. 

Operations conducted under this exemption will be closely controlled and monitored by 

the operator and will be conducted in compliance with local public safety requirements, to 

provide security for the area of operation. Auburn University will also provide the FAA with 

advance notice of all operations via NOTAMS. In all cases, the UAS operated under the 

 1 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).

2 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.
U.S. Department of Transportation

December 3, 2014

Page 8

proposed conditions, will be at least as safe as, or safer than conventional rotorcraft operating 

with an airworthiness certificate without the restrictions and conditions of the proposed UAS

operations.

Further, the UAS does not need a means to communicate with other aircraft or ATC, 

because those capabilities will be possessed by the PIC and Observer, who are not onboard the 

UAS. See Grant of Exemption, Docket FAA-2014-0352 at 13. In addition, the UAS will be 

operated at all times in visual line-of-sight and in VFR conditions. Id. 

B. 14 C.F.R. Part 27 Airworthiness Standards: Normal Category

Rotorcraft

Title 14 C.F.R. Part 27 sets forth the procedural requirements for airworthiness 

certification of normal category rotorcraft. To the extent the Petitioner's UAS would otherwise 

require certification under Part 27, Petitioner seeks an exemption from Part 27's airworthiness 

standards for the same reasons identified in the request for exemption from 14 C.F.R. Part 21, 

Subpart H, supra.

C. 14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness

Inasmuch as there will be no airworthiness certificate issued for the UAS Petitioner 

intends to use, Auburn University seeks an exemption from 14 C.F.R. § 91.7(a), which requires 

that a civil aircraft be in airworthy condition to be operated. The FAA has stated that no 

exemption is required for 14 C.F.R. § 91.7(a) to the extent that the requirements of Part 21 are 

waived or found inapplicable. See Grant of Exemption to Astraeus Aerial, Docket No. FAA2014-0352 at 13-14, 22. Accordingly, Petitioner requests that the requirements for § 91.7(a) be 

treated in accordance with Section V(A), supra.

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

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

Registration

Pursuant to 14 C.F.R. § 91.9(b)(2):

(b) No person may operate a U.S.-registered civil aircraft ±

«

(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):
U.S. Department of Transportation

December 3, 2014

Page 9

(a) Except as provided in § 91.715, no person may operate a civil aircraft unless it 

has within it the following:

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(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.

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. Also the UAS has no cabin or cockpit. 

Equivalent Level of Safety

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. As this 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 be ensuring that the pilot has 

access to the documents at the ground control station from which he or she is piloting the UAS. 

E. 14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a): Aircraft Marking and

Identification Requirements

Auburn University 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).

x 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 unless that aircraft is 

identified in accordance with Part 45 of this chapter.

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

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 
U.S. Department of Transportation

December 3, 2014

Page 10

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.

x 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 a previous Grant of Exemption, the FAA determined that exemption from these 

requirements was warranted provided that the aircraft "have identification (N-Number) markings 

in accordance with 14 C.F.R Part 45, Subpart C if the markings are as large as practicable." 

FAA Docket No. FAA-2014-0352.

Equivalent Level of Safety

Auburn University will mark all UASs with their N-Number on the fuselage. The 

markings will be made as large as practicable. 

F. 14 C.F.R. § 91.103: Preflight Action

Auburn University 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 FAA-approved Flight Manual on board the aircraft. While the PIC will be familiar with all 

information necessary to safely conduct the flight, an exemption is requested to the extent that an 

FAA-approved Flight Manual is required.

Equivalent Level of Safety

An equivalent level of safety will be provided by following Auburn's Ops/Flight Manuals 

and the Manufacturer's Manuals. The PIC will perform a series of checklists in accordance with 

the Petitioner's Aircraft Flight Manual, including checklists covering Pre-Flight, Launch, 

Landing, After Landing, and Shut Down/Secure procedures.3 The PIC will also be required to 

review weather, flight requirements, battery charge, landing and takeoff distance, aircraft 

performance data, and contingency landing areas - before initiation of flight. Auburn's 

Ops/Flight Manuals and the Manufacturer's Manuals will be kept at the ground control station 

and will be accessible to the PIC at all times while operating the UAS.

 3 See pages 11-12 of the Auburn DJI Phantom 2 sUAS Aircraft Flight Manual.
U.S. Department of Transportation

December 3, 2014

Page 11

G. 14 C.F.R. § 91.109(a): Flight Instruction

Auburn University seeks an exemption from 14 C.F.R. § 91.109(a), which provides that 

"[n]o 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." UASs 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). 

Equivalent Level of Safety

Given the size and speed of the UAS that Auburn University intends to use, an equivalent 

level of safe training can still be performed without dual controls because no pilot or passengers 

are aboard the UAS, and as required by Auburn's Ops/Flight Manuals, all persons will be a safe 

distance away in the event that the UAS experiences any difficulties during flight instruction. 

Moreover, Petitioner will conduct training in a controlled and sterile environment. As required 

by Auburn's Ops/Flight Manuals, training and instruction will be conducted in a sterile area on 

property that is owned and controlled by Auburn University. These facilities will not be open to 

the public during UAS operations, and access will be restricted to authorized Auburn University

personnel and students enrolled in the UAS course.

As required by Auburn's Ops/Flight Manuals, the Flight Training Team will be composed 

of a PIC, Visual Observer, Student, Instructor, and Flight Examiner.

5 Designated Instructors and 

Examiners are required to be an FAA licensed airman with at least a private pilot's certificate and 

have a Class III Medical Certificate. Further, all Instructors and Examiners must have 

successfully passed a written and/or oral exam covering Auburn University's UAS operations per 

Auburn's Ops/Flight Manuals. Instructors and Examiners are also required to pass a practical 

exam covering operations of the aircraft being used to perform the proposed operations in this 

Petition for Exemption. As a whole, the safety procedures provided for in Auburn's Ops/Flight 

Manuals ensure that the proposed UAS operations provide an equivalent or higher level of safety 

than the flight instruction regulations. 

H. 14 C.F.R. § 91.119: Minimum Safe Altitudes

Auburn University requests an exemption from the minimum safe altitude requirements 

of 14 C.F.R. § 91.119. 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, or structure in non-congested areas. See 14 C.F.R. § 91.119(c). Section 91.119(d) 

 5 See pages 33-34 of the Auburn DJI Phantom 2 sUAS Flight Operations Manual.
U.S. Department of Transportation

December 3, 2014

Page 12

allows for a helicopter to operate at less than those minimum altitudes when it can be operated 

"without hazard to persons or property on the surface," provided that "each person operating the 

helicopter complies with any routes or altitudes specifically prescribed for helicopters by the 

FAA."

An exemption is required because the proposed UAS operations will need to occur below 

400 feet AGL. Further, due to the nature of the proposed operations, the PIC, Observer(s), 

Instructor and/or Student may at times be less than 500 feet away from the UAS. 

Equivalent Level of Safety

Compared to flight operations with rotorcraft weighing far more than the maximum 

weights proposed herein, and given the lack of flammable fuel with the UASs, 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 

UASs, as well the controlled and sterile location where the operations will occur. In order to 

avoid any risk to manned aircraft, flight operations will be restricted to 400 feet AGL or below. 

As set forth in Auburn's Ops/Flight Manuals, the UASs will be operated in a restricted area that 

is owned or controlled by Auburn University. These restrictions will ensure that the proposed 

UAS operations are performed in a manner that protects the safety of participants, nonparticipants, the UAS and other property. 

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

This petition seeks 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 

is set to the elevation of the departure airport or barometric pressure. An exemption is required 

to the extent that the UASs do not have a barometric altimeter, but rather a GPS altitude read 

out.

Equivalent Level of Safety

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 UASs will be operated at 400 feet AGL 

or below, (2) within visual line-of-sight, (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. 

See Grant of Exemption to Astraeus Aerial, Docket No. FAA-2014-0352 at 21. 

As the attached Auburn Ops/Flight Manuals and Manufacturer's Manuals demonstrate, 

the UASs Auburn University intends to use meet these requirements. Moreover, Auburn 

University's Aircraft Flight Manual includes GPS compass calibration procedures that must be 
U.S. Department of Transportation

December 3, 2014

Page 13

performed prior to each flight. Like Astraeus Aerial's petition for exemption, the UASs Auburn 

University intends to use, and the safety procedures contained in Auburn's Ops/Flight Manuals, 

both ensure that an equivalent level of safety will be achieved, and a grant of exemption to the 

requirements of § 191.121 is therefore appropriate.

J. 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in V FR

Conditions

Auburn University requests an exemption from 14 C.F.R. § 91.151(a)'s fuel requirements 

for 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. 

Equivalent Level of Safety

The FAA has stated that an equivalent level of safety can be achieved by requiring that 

each UAS operation be completed within 30 minutes flight time or with 25% battery power 

remaining, whichever occurs first. See Grant of Exemption to Astraeus Aerial, Docket No. 

FAA-2014-0352. Auburn's Ops/Flight Manuals include a similar restriction which requires UAS 

flight operations to be terminated once 25% battery power reserve is reached. 

The UAS that Auburn University intends to use has a low battery capacity warning 

system. Telemetry data is downlinked from the UA to the ground control station which will alert 

the PIC when remaining battery power drops below 30%. Consistent with the procedures in 

Auburn's Ops/Flight Manuals, the PIC will promptly fly the UA back to the home launch 

location or pre-determined abort location where the UA may safely land. Together, the safety 

procedures required in Auburn's Ops/Flight Manuals, and the design features of the selected 

UAS, ensure that the proposed operation will provide an equivalent level of safety to that 

provided by the regulations. 
U.S. Department of Transportation

December 3, 2014

Page 14

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

Maintenance & Inspections

Auburn University 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) & (2); 91.417(a) and (b). These 

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

«KDYHGLVFUHSDQFLHVUHSDLUHGDVSUHVFULEHGLQSDUWRIWKLVFKDSWHU$QH[HPSWLRQIURP

these regulations is needed because Part 43 and these sections only apply to aircraft with an 

airworthiness certificate, which the UAS Auburn University intends to use will not have.

Equivalent Level of Safety

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

be performed in accordance with the Manufacturer's Manuals and any applicable manufacturer 

Safety Bulletins. Further, as required by Auburn's Ops/Flight Manuals, flights will not be 

conducted unless a pre-flight checklist covering all flight critical components of the UAS has 

been completed. Auburn's Ops/Flight Manuals also contains recordkeeping requirements for 

routine, interval and post-flight maintenance. As a whole, the maintenance and inspection 

procedures required in Auburn's Ops/Flight Manuals ensure that an equivalent or higher level of 

safety will be achieved. 

L. 14 C.F.R. Part 61, 14 C.F.R. § 61.3, 14 C.F.R. § 61.113: Private Pilot

Privileges And Limitations

Auburn University will require its flight instructors to have a private SLORW¶VOLFHQVH. 

However, as set forth in the accompanying Manuals, flight instruction will also be provided to 

VWXGHQWVZKRZLOOQRWKDYHDSULYDWHSLORW¶s license. Accordingly, Auburn University seeks 

exemption from 14 CFR Part 61, including 14 CFR § 61.3 to the extent that these regulations are 

interpreted as requiring a student receiving UAS pilot instruction to have a private pilot's 

certificate. All student instruction flights will be conducted under closely controlled 

circumstances, outside of navigable airspace and away from persons or property not involved in 

the instruction. In addition, the student instruction flights will be conducted under the close 

supervision of a flight instructorZKRZLOOKDYHDSULYDWHSLORW¶VOLFHQVH 

In addition, to the extent that Auburn University will be employing persons with a private 

SLORW¶VOLFHQVHWRRSHUDWHLWV8$6DQH[HPSWLRQLVDOVRVRXJKWfrom 14 C.F.R § 61.113, which 

restricts private pilot certificate holders from flying aircraft for compensation or hire, and which 

would also require a second class medical certificate. The purpose of this section is to ensure the 
U.S. Department of Transportation

December 3, 2014

Page 15

skill and competency of any PIC where the aircraft is carrying passengers or cargo for hire. In 

this case, while Instructors6 or Flight Examiners acting as PIC of the Flight Training Team will 

be operating UASs for a commercial purpose as part of Auburn University's Flight Instruction 

Program, the UASs carry neither passengers nor cargo.7 Moreover, in the Astraeus Aerial Grant 

of Exemption (FAA Docket No. FAA-2014-0352), the FAA determined that the unique 

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

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

Class II Medical Certificate. 

Equivalent Level of Safety

Auburn University will ensure and equivalent level of safety to the regulatory 

requirements of 14 C.F.R. Part 61, including 14 C.F.R. §§ 61.3 and 61.113 by following the 

safety procedures provided in Auburn's Ops/Flight Manuals. Specifically, the sUAS Flight 

Instruction procedures and Flight Training Team protocols contained in Paragraphs 7 and 16 of 

Auburn's sUAS Flight Operations Manual include numerous conditions and limitations which 

ensure the proposed UAS operations can be conducted safely. These include a minimum of a 

Class III Medical Certificate for all flight personnel, including students, a demonstration of 

proficiency through written/oral examination covering all flight operations. 

In addition to these training and experience requirements, Auburn University has placed

additional restrictions on its proposed UAS operations to ensure an extra margin of safety. The 

UAS will only operate in a controlled and sterile area away from persons and property not 

involved in the operation. As required in Auburn's Ops/Flight Manuals, the PIC will maintain a 

500 foot buffer from non-participating personnel, as well as buildings, vessels and vehicles that 

are not part of the UAS operation being conducted. It will be flown based on VLOS at 400 feet

AGL or below. Auburn University will also file a NOTAM with the appropriate ATC facility 

between 48 and 72 hours before the flight is to occur. Auburn's Ops/Flight Manuals, including 

its qualification, currency and training requirements for members of Auburn's Flight Instruction 

Program, ensure that UAS operators are competent and proficient in the UAS they are operating. 

Collectively, these procedures ensure that the proposed UAS operations can be conducted safely

VI. PUBLIC INTEREST

 6 Instructors are defined as: "The individual receiving instruction covering sUAS operation as 

provided by Auburn University." Auburn DJI Phantom 2 sUAS Aircraft Flight Manual at 

¶16.2.1.4.1.1. 

7 Student operators participating in Auburn University's Flight Instruction Program will not

operate UAS for compensation or hire. 
U.S. Department of Transportation

December 3, 2014

Page 16

The public interest will be served by granting Auburn University's Petition for 

Exemption. Congress has established a national policy that favors early integration of UAS into 

the National Airspace System ("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, namely; the FAA Administrator's

assessment of whether certain UAS may operate safely in the NAS before completion of the 

rulemaking required under Section 332 of the Reform Act. 

The proposed UAS operations in this Petition for Exemption will benefit students, 

federal, state, and local governments, and the aviation industry as a whole by pioneering UAS 

academic programs that focus on the safe integration of UAS into the NAS. This Petition for 

Exemption offers the FAA and opportunity to collaborate with an academic institution that has 

decades of experience and a solid reputation for excellence throughout all facets of the aviation 

industry. The public as a whole will benefit from a collaborative relationship between the FAA 

and Auburn University that focuses on the safe promotion of best practices for training and 

qualification needs specific to the UAS industry. 

The proposed UAS operations in this Petition for Exemption will also improve safety and 

reduce risk by alleviating the public's exposure to danger associated with student flight training 

utilizing full size fixed-wing aircraft and rotorcraft. The UASs Petitioner intends to use are 

battery powered and create no emissions. Moreover, in the unlikely event that one of Petitioner's 

UASs crash, there is no fuel to ignite and explode. Any accident involving Petitioner's 

lightweight UASs will present significantly less danger to the pilot and other individuals on the 

ground than one involving a full size helicopter. 

VII. PRIVACY

All Auburn University UAS operations shall be conducted in accordance with applicable 

federal, state, or local laws regarding privacy. Auburn University will not conduct flight 

operations over property that it does not own or control without the prior consent and knowledge 

of the property owner. Moreover, Auburn University will not capture or use images from 

neighboring properties within the vicinity of UAS flight operations. 

VIII. 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 sections in Title 14 of the Code of 

Federal Regulations:
U.S. Department of Transportation

December 3, 2014

Page 17

Part 21, Subpart H; Part 27; 45.23(b); 45.27(a); 61.3; 61.113; 91.7(a); 91.9(b)(2); 91.9(c);

91.103; 91.109(a); 91.119; 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 performing equivalent flight training with 

conventional fixed-wing aircraft, rotorcraft, or other methods.

IV. CONCLUSION

Auburn University's Petition for Exemption satisfies the criteria articulated in Section 

333 of the Reform Act of 2012 including weight, speed, operating capabilities, proximity to 

airports and populated areas, operation within visual line-of-sight and national security. The 

proposed UAS operations will benefit the public as a whole by fostering a collaborative 

relationship between the FAA and Auburn University which focuses on UAS training,

qualifications, and processes involving the safe and efficient operation of UAS in the NAS. 

In consideration of the foregoing, Auburn University's Petition for Exemption provides 

the FAA with more than adequate justification for granting of the requested exemptions allowing 

Auburn University to perform commercial operations as part of Auburn University's Flight 

Instruction Program. 

Should you have any questions, or if you need additional information to support the 

requested exemptions, please contact the undersigned or John McGraw at:

John McGraw Aerospace Consulting, LLC

Phone: 540-219-1638

Email: john@jmacaerospace.aero

Very truly yours,

/s/ Mark E. McKinnon_____

Mark E. McKinnon

Matthew J. Clark

Counsel for Petitioner

Attachments 
U.S. Department of Transportation

December 3, 2014

Page 18

(The following attached items 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)). 

Attachment A: Auburn DJI Phantom 2 sUAS Flight Operations Manual

Attachment B: Auburn DJI Phantom 2 sUAS Aircraft Flight Manual

Attachment C: DJI Phantom 2 Vision + User Manual 

Attachment D: DJI Smart Flight Battery Safety Guidelines 

Attachment E: Phantom 2 Vision + Quick Start Guide 

Attachment F : Phantom 2 Vision + Pilot Training Guide