February 1, 2016 

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE 

Washington, DC 20590 

;) c-l ~--~ t :, : 7: t3 . .. 

Mountain Empire 

Community College 

3441 Mountain Empire Road. Big stone Gap, \fA 24219 

Re: Petition of Mountain Empire Community College for Summary Grant of Exemption 

Pursuant to Section 333 of the FAA Modemization·and Reform Act of2012 

To Whom it May Concern: 

Pursuant to Section 333 of the FAA Modernization and Reform Act of2012 (Reform Act) and 

14 C.F .R. Part 11, Mountain Empire Community College (hereinafter sometimes referred to as 

"MECC") 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 and training missions in 

support of its education and research programs. Specifically, MECC seeks permission to operate 

the DJI Phantom 2 Vision+, Phantom 3, and Inspire along with the 3D Robotics IRIS+, SOLO, 

and AERO M. MECC 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, MECC will also submit the MECC UAS Operations 

Manual & UAV Pilot's Pledge. MECC submits this material as a confidential document under 

separate cover pursuant to 14 C.F.R. § 11.35(b), as the material contains confidential commercial 

and proprietary information that MECC has not and will not share with others. The information 

contained in the material 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. 
US Department of Transportation 

February 10, 2016 

For your convenience, this Petition is organized as follows: 

Table of Contents 

I. Background & Description of Petitioner .................................................................... 3 

II. Description Of Proposed Operation ............................................................................ 3 

III. Relevant Statutory Authority ...................................................................................... 4 

IV. MECC's Proposed UAS Operations Meet the Requirements of Section 333 of 

the Reform Act .............................................................................................................. 5 

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

Operational Capability ........................................................................................ 5 

b. Approval is Warranted Based on the Operational Restrictions in MECC' s 

Operating Documents ......................................................................................... 6 

V. Regulations From Which Exemption Is Sought. ........................................................ 6 

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

Requirements ..................................................................................................... 7 

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

Maintenance Inspections ..................................................................................... 8 

c. 61.23(a) and (c), 61.113, 61.101€(4) and (5), 61.315: Private, Recreational 

and Sport Pilot Medical Certificate, Privileges and Limitations ........................ 9 ' 

d. 91.7(a): Civil Aircraft Airworthiness ................................................................ 10 

e. 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft and 91.203(a) 

and (b): Carrying Civil Aircraft Certification and Registration ........................ 10 

f. 91.103: Preflight Action .................................................................................... 11 

g. 91.1 09(a): Flight Instruction ............................................................................. 11 

h. 91.119©: Minimum Safe Altitudes Over Other Than Congested Areas .......... 12 

i. 91.121 : Altimeter Settings ................................................................................ 13 

j. 91.151(a): Fuel Requirements for Flight in VFR Conditions ........................... 13 

VI. Drug and Alcohol Program ........................................................................................ 14 

VII. Public Interest ............................................................................................................. 14 

VIII. Privacy ......................................................................................................................... 14 

IX. Federal Register Summary ........................................................................................ 14 

X. Conclusion ................................................................................................................... 15 

XI. Attachments ................................................................................................................. 16 

Page 2 of16 
US Department of Transportation 

February 10, 2016 

I. BACKGROUND & DESCRIPTION OF PETITIONER 

Mountain Empire 

Community College 

3441 Mountain Empire Road· Big Stone Gap, VA 24219 

Mountain Empire Community College was founded in 1971 as the most western college among 

the 23 institutions that make up the Virginia Community College System. Since the first classes 

were offered in the fall of 1972, MECC has served the rural counties of Wise, Lee, Scott, and 

Dickenson as a multipurpose institution with associate degree programs and career studies 

certificates in over one hundred fields of study. The mission of the College is to provide quality 

higher education and workforce training programs and services that are financially and 

geographically accessible and meet individual, business, and community needs. MECC 

recognizes that teaching and research are mutually supportive activities. Therefore, while 

developing student potential through superior teaching is the first priority of the College, the 

promotion and use of new technologies to enhance the learning experience is also a high priority. 

In keeping with this mission while looking towards the future of technology integration, MECC 

intends to use UAS for research across campus as well as in the classroom. Faculty members on 

campus are currently conceptualizing projects that would utilize UAS technology in departments 

such as Geology and Geography, Insurance, Technology, Agriculture, and Information 

Technology. The foundation of our institution is the unique diversity of educational experiences 

we provide for the community, shaped by our dedication to teaching and learning and to the 

values that we share. We hope that in seeking this exemption, it will lead to even more U AS 

applications at Mountain Empire Community College. 

In accordance with 14 C.F.R. § 11.81(a), MECC provides the following information in support 

of its Petition for Exemption. 

The contact information for Petitioner is as follows: 

Fred R. Coeburn, Jr 

3441 Mountain Empire Rd 

Big Stone Gap, VA 24219 

Phone: (276) 207-7346 

Email: fcoeburn@mecc.edu 

II. DESCRIPTION OF PROPOSED OPERATION 

MECC 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. Education and research programs supported by the proposed UAS 

operations include, but are not limited to: aerial survey and remote sensing; precision agriculture; 

aerial photography/videography; geographic mapping applications. Students will engage in 

educational activities covering a variety of UAS applications, including technology and 

construction management; claims adjusting and underwriting; building/infrastructure 

inspections; and emergency/disaster response and assessment. 

Page 3 of 16 
US Department of Transportation 

February 10, 2016 

MECC will also provide classroom instruction on U AS design and construction. Aerial data 

collected by Petitioner's UAS would also be used to promote and market MECC, as well as 

support student recreational and sport activities. 

All of the UAS platforms MECC intends to use have already been approved by the FAA in 

previously granted exemptions, and have been found suitable for performing aerial data 

collection. MECC is committed to maintaining the highest standards of flight safety. All UAS 

operations will be performed in accordance with the accompanying MECC operating documents, 

and in accordance with the requirements of an applicable COA. Among other things, and as 

detailed in the operating documents, all U AS operations will occur in uncontrolled airspace, 

unless specific authorization is granted by the FAA or applicable authorities, within visual lineof-sight (VLOS) of the pilot and visual observer, and will be limited to daytime Visual Flight 

Rules (VFR) conditions. Moreover, MECC'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. 14461 to Illinois State University to conduct educational research and 

training (Docket No. FAA-2015-4649); 

• Exemption No. 11552 to Sinclair Community College to conduct educational research 

and training (Docket No. FAA-2015-0374); 

• Exemption No. 11304 to Auburn University Aviation Center to conduct training courses 

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

(Docket No. FAA-2014-1014); 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 MECC 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 U AS in close proximity to airports and populated areas; and 

• Operation of the UAS within the visual line of sight of the operator. 

Page 4 of 16 
US Department of Transportation 

February 10, 2016 

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(±) (defining the authority of theAdministrator); 49 U.S.C. § 44701(±) (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. MECC'S PROPOSED UAS OPERATIONS MEET THE REQUIREMENTS OF 

SECTION 333 OF THE REFORM ACT 

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

the summary grant process pursuant to Section 3 3 3 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 FAA is familiar with and has already determined that the DJI Phantom 2 Vision+, Phantom 

3, and Inspire along with the 3D Robotics IRIS+, SOLO, Aero, and AERO M meet the 

requirements of Section 3 3 3 of the Reform Act due to their weight, speed and operational 

capabilities. See e.g., 

• 3D Robotics (Iris+, SOLO, AERO, and AERO M): Exemption No. 14434 to Sellers 

Imaging LLC; Exemption No. 11273 to AIG PC Global Services, Inc.; Exemption No. 

1141 to Douglas R. Dorrer; and Exemption No. 11204 to Build Imagery, LLC; 

Exemption No. 12036 to Northwest Hydraulic Consultants 

• DJI Phantom (2, 3, and Inspire): Exemption No. 14434 to Sellers Imaging LLC; 

Exemption No. 11224 to NextEra Energy, Inc.; Exemption No. 11230 to Montico, Inc.; 

Exemption No. 11228 to Steven Zeets; Exemption No. 11218 to Saratoga Aerial 

Vehicle; and Exemption No. 11215 to Mike Johnson 

The FAA has found the following shared characteristics of the DJI Phantom 2 Vision+, Phantom 

3, and Inspire along with the 3D Robotics IRIS+, SOLO, and AERO M to warrant approval for a 

grant of exemption: 

Page 5 of 16 
US Department of Transportation 

February 10, 2016 

• They all weigh less than 55 pounds including payload. 

Mountain Empire 

Community College 

3441 Mounlain Empire Road. Big Stone Gap, VA 24219 

• They all have the capability to operate safely after experiencing certain in-flight 

contingencies or failures and use 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 precoordinated, 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. 

• The UAS all operate at a speed of 87 knots or less. 

B. Approval is Warranted Based on the Operational Restrictions in MECC's 

Operating Documents 

The College's UAS Operations Manual, and the manufacturers' manuals for the selected UAS 

platforms (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 ofMECC's proposed UAS operations, MECC has 

tailored its operating 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 Community College, Docket No. FAA-2015-0374. In 

particular, the operating documents contain systems and procedures to permit MECC to comply 

with the conditions and limitations in the FAA's Grant of Exemption. 

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. 1 

MECC 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: 

1 See 49 U.S. C. § 4470l(f) (authorizing the grant of exemptions from requirements of regulations prescribed 

pursuant to Sections 4470l(a) and (b) and Sections 44702- 44716). 

Page 6 of 16 
US Department of Transportation 

February 10, 2016 

'FAR 

; 91.9(c); 45.23(b) and 45.27(a) 

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

l 91.409(a)(l) and (2); 91.417(a) 

: and (b) 

· 61.23(a) and (c), 61.113; 

· 61.101(e)(4) and (5), 61.315 

91.7(a) 

.· 91.9(b)(2); 91.203(a) and (b) 

: 91.103 

,: 91.1 09(a) 

; 91.119(c) 

: 91.121 

· 91.151(a) 

Description 

Mountain Empire 

Community College 

3441 Mountain Empire Road. Big stone Gap, 'u'A 24219 

Aircraft Marking and Identification Requirements 

Maintenance and Inspection Requirements 

Private, Recreational and Sport Pilot Medical 

Certificate, Privileges and Limitations 

Civil Aircraft Airworthiness 

Carrying Aircraft Flight Manual, Certification and 

Registration in the Aircraft · 

Preflight Action 

Flight Instruction 

Minimum Safe Altitudes Over Other than Congested 

Areas 

Altimeter Settings 

Fuel Requirements for Flight in VFR Conditions 

Listed below are the specific sections of 14 C.P.R. for which an exemption is sought, 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. 2 

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

MECC seeks an exemption from the aircraft marking and identification requirements contained 

in 14 C.P.R. §§ 91.9(c), 45.23(b) and 45.27(a). 

• 14 C.P.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. 

• 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 c·ertificated 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. 

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. 

Page 7 of 16 
US Department of Transportation 

February 10, 2016 

• 14 C.F.R. § 45.27(a), Rotorcraft, states: 

Mountain Empire 

Community College 

3441 Mountain Empire Road. Big stone Gap, VA 24219 

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 3 3 3 of the Reform Act, 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."3 All UAS flown by MECC will bear N-number markings that are as large 

as practicable in accordance with 14 C.F.R. Part 45, Subpart C.4 

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

Inspections 

MECC seeks an exemption from the maintenance inspection requirements contained in 14 

C.F.R. § 91.405(a), 91.407(a)(l), 91.409(a)(l) and (2); 91.417(a) and (b). These regulations 

specify maintenance and inspection standards in reference to 14 C.F.R. Part 43. 5 An exemption 

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

airworthiness certificate, which the U AS 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, as required by the operating documents, the PIC will conduct a preflight 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 flightcritical components. As required by the operating documents, the PIC who conducts the 

functional test flight will make an entry in the U AS 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 procedures required by Petitioner's operating documents 

ensure that an equivalent or higher level of safety will be achieved. 

3 FAA Docket No. FAA-2014-0352. 4 See, e.g., FAA Docket No. FAA-2014-0352, at 14. 5 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."). 

Page 8 of 16 
US Department of Transportation 

February 10, 2016 

A Mountain Empire 

Community College 

3441 Mountain Empire Road. Big stone Gap, VA 24219 

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 

MECC seeks exemption from these sections, which restrict private, recreational or sport 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 matches the airspace in which the PIC will be operating, as well as requiring certifications if 

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 Aerial,6 the FAA determined that the unique 

characteristics ofUAS 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. 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. 7 

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

similarly imposed on Astraeus Aerial and other operators in more recently granted exemptions 

under Section 333 of the FAA Reform Act. MECC will operate away from persons and property 

that is not the subject matter of the flight. MECC will also require all PICs to be thoroughly 

trained in the unique aspects of U AS 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 MECC. The pilot qualification, training, and currency requirements in the 

operating documents ensure that MECC'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. 

6 FAA Docket No. FAA-2014-0352. 7 See Grant of Exemption No. 11213 to Aeryon Labs, Inc. (Docket No. FAA-2014-0642 at pgs. 8-9). 

Page 9 of 16 
US Department of Transportation 

February 10, 2016 

D. 91.7(a): Civil Aircraft Airworthiness 

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

exemption from 14 C.P.R. § 91.7(a), which requires that 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 is in 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.P.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.P.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.P.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 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 U AS, 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.P.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 

Page 10 of16 
US Department of Transportation 

February 10, 2016 

Mountain Empire 

Community College 

3441 Mountain Empire Road. Big Stone Gap, IIA 24219 

from which he or she is operating the aircraft. 8 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 by ensuring that the pilot has 

access to the documents at the ground control station from which he or she is piloting the UAS.9 

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 is requested to the extent that an FAAapproved 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, U A 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 unless that aircraft has fully 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 intends to use, an equivalent level of safe 

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 

8 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. 

9 See also Exemption No. 11213 to Aery on 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 sections is not necessary. See 

Exemption No. 11062. Relevant materials may be kept in a location accessible to the PIC in compliance with the 

regulations. 

Page 11 of16 
US Department of Transportation 

February 10, 2016 

Mountain Empire 

Community College 

3441 Mountain Empire Road. Big stone Gap, 'ItA 24219 

training will be conducted in controlled and sterile environment. As a whole, the procedures 

provided for in the operating documents ensure that U AS flight instruction can be performed 

safely. 

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

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

91.119( c). 10 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). 

An exemption is required because the proposed U AS 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 less than 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 MECC's operating documents 

will ensure the proposed operations can be conducted without compromising safety to persons or 

property on the ground. 

10 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 ofExemption No. 11157 to Slugwear, Inc., dba Likeonatree Aerial at pg. 15 (Docket No. FAA-2014-

0534). 

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US Department of Transportation 

February 10, 2016 

I. 91.121: Altimeter Settings 

To the extent necessary for MECC 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 is set 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. 11 

The U AS that Petitioner intends to 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 of safety will 

be achieved, and a grant of exemption to the requirements of § 191.121 is therefore appropriate. 

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

MECC 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. 

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

daytime VFR conditions in circumstances similar to those presented in this Petition for 

Exemption. 12 In Exemption No. 11213 to Aeryon Labs, Inc.13, the FAA determined that a 

requirement prohibiting the PIC from beginning a UAS flight unless (considering wind and 

11 See Grant ofExemption No. 11062 to Astraeus Aerial (Docket No. FAA-2014-0352 at 21). 12 See e.g., Exemption Nos. 8811, 10808, and 10673. 13 Docket No. FAA-2014-0642. 

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February 10, 2016 

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 documents impose this same requirement and an exemption from § 

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

VI. DRUG AND ALCOHOL PROGRAM 

MECC 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 MECC's Petition for Exemption. Congress has 

established a national policy that favors early integration ofUAS 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 of safety, the public stands to benefit enormously from the education 

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

Whether it is helping farmers grow better crops in an environmentally friendly and more 

sustainable manner, or studying how U AS can aid in disaster response and assessment, the public 

as a whole will 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. MECC 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); 

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US Department of Transportation 

February 10, 2016 

91.407(a)(l ); 91.409(a)(l) & (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 ofMECC's education and research programs. 

X. CONCLUSION 

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

3 3 3 of the Reform Act and the FAA has issued grants of exemption in circumstances similar in 

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

foregoing, MECC 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. 

Very truly yours, 

j~R, Fred R. Coeburn, Jr. 

Attachment 

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February 10, 2016 

(The following attached items will be submitted under separate cover as they 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 MECC sUAS Operations Manual 

• The MECC UA V Pilot's Pledge 

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