February 1, 2016

U.S. Department ofTransportation Docket Management System 1200 NewJersey Ave., SE Washington, DC 20590 ;) c-l**~--~** t:,: 

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

Re: Petition ofMountain Empire Community College for Summary Grant ofExemption Pursuantto Section 333 ofthe FAAModemization·and Reform Act of2012 To Whom itMay Concern: Pursuantto Section 333 ofthe FAAModernization 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 ofExemption from the Federal Aviation Regulations (FARs) identifiedbelow, to operate small unmanned aerial vehicles (i.e., small unmanned aircraft systems orUAS) for conducting aerial data collection and training missions in support ofits education andresearchprograms. Specifically, MECC seeks permissionto 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 ofexemption in circumstances similar in all material respects to those presentedherein. In addition to this Petition for Exemption, MECC will also submitthe MECC UAS Operations Manual & UAV Pilot's Pledge. MECC submits this material as a confidential document under separate coverpursuant to 14 C.F.R. § 11.35(b), as the material contains confidential commercial and proprietary informationthat 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 ofInformation Act, 5 U.S.C. § 552 et seq.US Department ofTransportation February 10, 2016 Foryour convenience, this Petition is organized as follows:



### Table ofContents

I. Background & 

### Description ofPetitioner
....................................................................3 II. Description OfProposed Operation
............................................................................ 3 III. Relevant StatutoryAuthority
......................................................................................4 IV. MECC's Proposed UAS Operations Meet the Requirements ofSection 333 

### of theReform Act
.............................................................................................................. 5 a. Approval is Warranted Based onthe UAS's Size, Weight, Speed, and Operational Capability
........................................................................................5 b. Approval is Warranted Based onthe Operational Restrictions inMECC's Operating Documents
.........................................................................................6 

### V. Regulations FromWhich 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. 91.109(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 inVFR Conditions
........................... 13 

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

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

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



### IX. FederalRegister Summary
........................................................................................ 14



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

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

Page 2 of16US Department ofTransportation February 10, 2016
I. BACKGROUND & DESCRIPTION OF PETITIONER 

## Mountain Empire Community College 3441 Mountain Empire Road· Big Stone Gap, VA 24219

MountainEmpire 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 ofWise, Lee, Scott, and Dickenson as a multipurpose institution with associate degree programs and career studies certificates in over one hundred fields ofstudy. The mission ofthe 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 superiorteaching is the first priority ofthe College, the promotion and use ofnewtechnologies to enhance the learning experience is also a high priority. In keeping withthis mission while looking towards the future oftechnology integration, MECC intends to use UAS for research across campus as well as inthe 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 ofour institution is the unique diversity ofeducational 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 UAS applications at Mountain Empire Community College. In accordance with 14 C.F.R. § 11.81(a), MECC provides the following information in support ofits 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 exemptionpursuant to Section 333 ofthe Reform Act to use a number of different UAS platforms for aerial data collection in support ofa broad range ofeducational and research endeavors. Education and research programs supported bythe 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 ofUAS applications, including technology and construction management; claims adjusting and underwriting; building/infrastructure inspections; and emergency/disasterresponse and assessment. Page 3 of16US Department ofTransportation February 10, 2016 MECC will also provide classroom instruction onUAS design and construction. Aerial data collected by Petitioner's UAS would also be used to promote and market MECC, as well as support studentrecreational and sport activities. All ofthe 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 committedto maintaining the highest standards offlight safety. All UAS operations will be performed in accordance withthe accompanying MECC operating documents, and in accordance with the requirements ofan applicable COA. Among otherthings, and as detailed inthe operating documents, all UAS operations will occur inuncontrolled airspace, unless specific authorization is granted bythe FAA or applicable authorities, within visual lineof-sight (VLOS) ofthe 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 ofexemptionto use small UAS for aerial data collection in support ofsimilar educational and research activities, including:
• ExemptionNo. 14461 to Illinois State University to conduct educational research and training (DocketNo. FAA-2015-4649); • ExemptionNo. 11552 to Sinclair Community College to conduct educational research and training (DocketNo. FAA-2015-0374); • ExemptionNo. 11304 to Auburn University Aviation Centerto conducttraining courses to instruct students inthe operation ofunmanned aircraft andtheir associated systems. (DocketNo. FAA-2014-1014); and • Exemption No. 11265 to the City ofRoswell Coalitionto perform research, development and validation ofa formal UAS training curriculum (DocketNo. FAA-2014-0732). The low-risk UAS operations proposed by MECC inthis Petition for Exemption fall squarely within the category ofaerial data collectionthat has been subject to previous approval. III. RELEVANT STATUTORYAUTHORITY This Petition for Exemption is submittedpursuant to Section 333(a) through (c) ofthe Reform Act. Congress has directed the FAA "to safely accelerate the integration ofcivil unmanned aircraft systems into the national airspace system." Pursuantto Section 333 ofthe Reform Act, the FAAAdministrator is to permitunmanned aircraft systems to operate inthe NAS where it is safe to do so based onthe following considerations:
• The UAS's size, weight, speed and operational capability; • Operation ofthe UAS in close proximity to airports and populated areas; and • Operation ofthe UAS withinthe visual line ofsight ofthe operator.
Page 4 of 16US Department ofTransportation February 10, 2016 Additionally, the FAAAdministratorhas general authority to grant exemptions from the agency's safety regulations and minimum standards whenthe Administrator decides a requested exemption is inthe public interest. See 49 U.S.C. § 106(±) (defining the authority oftheAdministrator); 49 U.S.C. § 44701(±) (permitting exemptions from§§ 44701(a), (b) and §§ 44702-44716, et seq.). A party requesting an exemptionmust explainthe reasons whythe exemption: (1) would benefitthe public as a whole, and (2) would not adversely affect safety (or how it would provide a level ofsafety 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 SECTION333 OF THE REFORM ACT MECC's proposed operations inthis Petition for Exemption qualify for expedited approval via the summary grantprocess pursuantto Section 3 3 3 ofthe Reform Act, as each ofthe statutory criteria andrelevant factors are satisfied and the FAAhas previously issued grants ofexemption in circumstances similar in all material respects to those presented inthis 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 meetthe requirements ofSection 3 3 3 ofthe Reform Act due to their weight, speed and operational capabilities. See e.g.,
• 3D Robotics (Iris+, SOLO, AERO, and AERO M): ExemptionNo. 14434 to Sellers Imaging LLC; ExemptionNo. 11273 to AIG PC Global Services, Inc.; ExemptionNo. 1141 to Douglas R. Dorrer; and ExemptionNo. 11204 to Build Imagery, LLC; ExemptionNo. 12036 to Northwest Hydraulic Consultants • DJI Phantom (2, 3, and Inspire): ExemptionNo. 14434 to Sellers Imaging LLC; ExemptionNo. 11224toNextEraEnergy, Inc.; ExemptionNo. 11230 to Montico, Inc.; ExemptionNo. 11228 to StevenZeets; ExemptionNo. 11218 to SaratogaAerial Vehicle; and ExemptionNo. 11215 to Mike Johnson The FAAhas found the following shared characteristics ofthe DJI Phantom 2 Vision+, Phantom 3, and Inspire along withthe 3D Robotics IRIS+, SOLO, and AERO M to warrant approval for a grant ofexemption:

Page 5 of 16US Department ofTransportation 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 ofGPS or a lost-link event with a precoordinated, predictable, automated flight maneuver. These safety features provide an equivalent level ofsafety compared to a manned aircraftperforming a similar operation and mitigate the risk ofcommand and control link failures. • The radio frequencies used for operations and control ofthe UAS comply with the Federal Communications Commission (FCC) and other appropriate government oversight agency requirements. • The UAS all operate at a speed of87 knots or less. 

### B. Approval is Warranted Based on the OperationalRestrictions in MECC's OperatingDocuments 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'sproposed UAS operations, MECC has tailored its operating documents to comply withthe conditions and limitations imposed on similarly situated petitioners seeking to use small UAS for aerial data collection. See e.g., Grant ofExemptionNo. 11552 issued to Sinclair Community College, DocketNo. FAA-2015-0374. In particular, the operating documents contain systems and procedures to permit MECC to comply withthe conditions and limitations in the FAA's Grant ofExemption. 

### V. REGULATIONS FROMWHICHEXEMPTIONIS SOUGHT The Federal Aviation Act expressly grants the FAAthe authority to issue exemptions. This statutory authority, by its terms, includes exempting civil aircraft, as the term is defined under§ 40101 ofthe Act, including UAS, from its safety regulations and minimum standards when the Administrator decides a requested exemption is inthe public interest. 1 MECC seeks an exemption from several interrelated provisions of 14 C.F.R. Parts 45, 61 and 91 for purposes ofconducting the requested operations using small UAS, including:

1 See 49 U.S.C. §4470l(f) (authorizing the grant ofexemptions from requirements ofregulations prescribed pursuant to Sections 4470l(a) and (b) and Sections 44702- 44716). Page 6 of 16US Department ofTransportation 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 ,: 91.109(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 Otherthan Congested Areas Altimeter Settings Fuel Requirements for Flightin 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 Petitionerhas established which will ensure a level of safety betterthan 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 ofthis chapter. • 14 C.F.R. § 45.23(b), Markings ofthe Aircraft, states: When marks include only the Roman capital letter "N" and the registration number is displayed on limited, restricted orlight-sport category aircraft or experimental orprovisionally c·ertificated aircraft, the operator must also display onthat aircraft near each entrance to the cabin, cockpit, orpilot 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, orhow the exemption would provide a level ofsafety at least equal to thatprovidedby the rule from which you seek exemption. Page 7 of16US Department ofTransportation 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 ofa rotorcraft must display onthat rotorcraft horizontally on both surfaces ofthe cabin, fuselage, boom, ortail the marks required by § 45.23. Inprior grants ofexemptionunder Section 3 3 3 ofthe Reform Act, the FAA determined that exemption from these requirements was warrantedprovidedthat the aircraft "have identification (N- Number) markings in accordance with 14 C.F.RPart 45, Subpart C ifthe markings are as large as practicable." 3 All UAS flown by MECC will bearN-numbermarkings 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 inspectionrequirements 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 Part43 andthese sections only apply to aircraft with an airworthiness certificate, whichthe UAS to be operated under this grant ofexemptionwill not have. An equivalent level ofsafety 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 ofthe UAS and all associated equipmentto account for all discrepancies and/or inoperable components. Maintenance will be performed and verified to address any conditions potentially affecting safe operation ofthe UAS and no flights will occurunless, and until, all flight critical components ofthe UAS have beenfound to be airworthy and in a condition safe for operation. A functional test flight will be conducted following the replacement ofany flightcritical components. As required bythe operating documents, the PIC who conducts the functional test flight will make an entry inthe UAS aircraft records ofthe flight. The operating documents also include requirements to follow the UAS manufacturer's maintenance, overhaul, replacement, inspection, and life limitrequirements for the aircraft and aircraft components. Moreover, the operating documents also include procedures to document and maintain a record ofthe UAS maintenance, preventative maintenance, alterations, status of replacement/overhaul componentparts, and the total time in service ofPetitioner's UAS. As a whole, the maintenance and inspectionprocedures required byPetitioner's operating documents ensure that an equivalent orhigher level ofsafety will be achieved.

3 FAA DocketNo. FAA-2014-0352. 4 See, e.g., FAA DocketNo. FAA-2014-0352, at 14. 5 See, e.g., 14 C.F.R. § 91.405(a) (stating that each owner or operator ofan aircraft "[s]hall have the aircraft inspected as prescribed in subpart E ofthis part and shall between required inspections
...have discrepancies repaired as prescribed in part43 ofthis chapter."). Page 8 of16US Department ofTransportation 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 exemptionfrom these sections, whichrestrict private, recreational or sport pilot certificate holders from flying aircraft for compensation orhire, and would also require a second class medical certificate. The purpose ofPart 61 is to ensure that the skill and competency ofany 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. Inthis case, while the UAS will be operated as part ofa commercial operation, it carries neither passengers nor cargo. In the Grant ofExemptionNo. 11062 to Astraeus Aerial,6 the FAA determined that the unique characteristics ofUAS operation outside ofcontrolled airspace did not warrant the additional cost and restrictions attendant withrequiring the PIC to have a Commercial Pilot Certificate and Class II Medical Certificate. The fulfillment ofthe additional requirements for a private pilotto 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 ofrecreational 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 bythe Department ofHomeland Security (DHS), the FAA determined that holders ofrecreational and sport pilot certificates would be qualified to serve as the PIC for UAS operations. 7 The restrictions Petitionerhas placed onits UAS operations meet or exceed the restrictions similarly imposed onAstraeus Aerial and other operators inmore recently granted exemptions under Section 333 ofthe FAA Reform Act. MECC will operate away from persons and property that is not the subject matter ofthe flight. MECC will also require all PICs to be thoroughly trained in the unique aspects ofUAS flight. As set forth inthe operating documents, pilots will have experience not only inUAS operations generally buthave logged flight time inthe specific make and model used for the operations before they are permittedto participate in commercial flights onbehalfofMECC. The pilot qualification, training, and currency requirements in the operating documents ensure that MECC's pilots are competent and proficient inthe UAS they are operating. The Petitioner's training and qualification requirements are consistent with those contained inprior FAA-issued grants ofexemption, and will provide a higher level of competency andproficiency for its pilots and will ensure at least an equivalent level ofsafety.

6 FAA DocketNo. FAA-2014-0352. 7 See Grant ofExemptionNo. 11213 to Aeryon Labs, Inc. (DocketNo. FAA-2014-0642 at pgs. 8-9). Page 9 of16US Department ofTransportation 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), whichrequires that a civil aircraft be in an airworthy conditionto be operated. While the petitioner's UAS will not have an airworthiness certificate, the FAAhas determined that for the purposes ofthis exemptionthe pilot may determine the aircraft is in an airworthy conditionpriorto flight. The operating documents containprocedures which allowthe PIC to determine whetherthe 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 operatorto carry airworthiness documents and other aircraft manuals onboardthe aircraft. Pursuantto 14 C.P.R.§ 91.9(b)(2): (b) No personmay operate a U.S.-registered civil aircraft-
... (2) For which an Airplane orRotorcraft Flight Manual is required by§ 21.5 ofthis chapter, unless there is available inthe aircraft a current approved Airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any combinationthereof. Pursuantto 14 C.P.R. § 91.203(a) and (b): (a) Except as provided in§ 91.715, no personmay operate a civil aircraft unless ithas within itthe following: (1) An appropriate and current airworthiness certificate
... (b) Nopersonmay operate a civil aircraft unless the airworthiness certificate required by paragraph (a) ofthis 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.

Giventhe small size and configuration ofthe UAS, it wouldbe impossible to keep airworthiness documents and other aircraft manuals onboardthe UAS because there is simply no room andthe UAS has no cabin or cockpit. In an FAA Office ofChiefCounsel's Opinion dated August 8, 2014, and preparedby DeanE. 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 ifthe pilot ofthe unmanned aircraft has access to the UAS flight manual, registration certificate, and otherrequired documents from the ground control station

Page 10 of16US Department ofTransportation 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 ofChiefCounsel Opinion clarifies, the intent ofthe rule is to ensure the pilot has access to these key documents during flight. Therefore, an equivalent level ofsafety will be achieved by ensuring that the pilothas 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 inthe FAAapproved Flight Manual onboard the aircraft. While the PIC will be familiar with all information necessary to safely conductthe flight, an exemption is requested to the extent that an FAAapproved FlightManual is required. Adherence to the requirements in the operating documents will ensure that the UAS is in an airworthy conditionpriorto flight. The PIC will perform a series ofchecklists designed to identify any defects or inoperable components, which coverpre-flight, take-off, landing and post-flightprocedures. The PIC will also be required to review weather, flight requirements, battery charge, landing and takeoffdistance, UA performance data, and contingency landing areas-before initiation offlight. 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 pertinentpartthat "[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 ofa device that communicates withthe aircraft viaradio 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 ofthe UAS that Petitioner intends to use, an equivalent level ofsafe training can still be achieved without dual controls because no pilot orpassengers are aboard the UAS, and as required by the operating documents, all persons will be a safe distance away in the event thatthe UAS experiences any difficulties during flight instruction. Moreover, all flight

8 Memorandum from Mark Bury, FAA Assistant ChiefCounsel for International Law, Legislation and Regulation, to John Duncan, FAA Flight Standards Service (Aug. 8, 2014); see also DocketNo. FAA-2014-0352 at 16-18. 9 See also Exemption No. 11213 to Aeryon Labs, Inc. at pg. 11 :The petitionerrequested relieffrom 14 CFR § 91.9(b)(2): Civil aircraft flight manual, marking, andplacardrequirements and§ 91.203(a) and (b): Civil aircraft: Certifications required. The FAA has previously determined that relieffrom 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 of16US Department ofTransportation 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 UAS flight instruction canbe 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 UAS operations will normally needto occur below400 feet AGL. Additionally, due to the nature ofthe proposed operations, the PIC and/or Observers may need to be less than 500 feet away from the UAS. Compared to flight operations withrotorcraft weighing far more than the maximum weights proposed herein, and given the lack offlammable fuel with the UAS, any risk associated withthese operations is far less than those that presently exist with conventional aircraft. An equivalent level ofsafety will be achieved given the size, weight, and speed ofthe UAS, as well the controlled location where the operations will occur. In orderto avoid any risk to manned aircraft, flight operations will be restricted to below400 feet AGL. As set forth inthe operating documents, the UAS will be operated in a controlled environment, and all flights will occur at a lateral distance ofat least 500 feet from nonparticipating persons, unless that person is in a positionwhere 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 canbe safely terminated ifa nonparticipating person within 500 feet ofthe UAS leaves a shielded position. Further, UAS operations will occur at least 500 feet away from vehicles or structures unless the property owner/controllerhas granted permission and the PIC has made a safety assessment ofthe risk of operating closerto 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 canbe conducted without compromising safety to persons or property onthe ground.

10 Relieffrom§ 91.119(a) will notbe necessary because Petitioner will be able to perform an emergency landing without undue hazard to persons orproperty on the ground in the event ofa failure. Petitioner's proposedUAS operations will not occur over congested areas, and therefore an exemption from § 91.119(b) will notbe necessary. See e.g., Grant ofExemptionNo. 11157 to Slugwear, Inc., dba Likeonatree Aerial at pg. 15 (DocketNo. FAA-2014- 0534). Page 12 of16US Department ofTransportation February 10, 2016 I. 91.121: Altimeter Settings To the extent necessary for MECC to conductthe proposed operations, Petitionerrequests an exemption from 14 C.F.R. § 91.121, whichrequires a person operating an aircraft to maintain cruising altitude orflight level by reference to an altimeterthat is set to the elevation ofthe departure airport orbarometric pressure. The FAAhas stated that an equivalent level ofsafety 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 orbelow, (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 priorto each flight, a zero altitude initiationpoint is established for the PIC to confirm accuracy ofthe onboard GPS. 11 The UAS 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 priorto each flight operation. As the FAAhas determined in circumstances similarto this Petition for Exemption, Petitioner's UAS and the safety mitigation procedures contained inthe operating documents, ensure that an equivalent level ofsafety will be achieved, and a grant ofexemptionto 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 inVFR conditions. Section 91.151 states: (a) No personmaybegin a flight in an airplane under VFRconditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point ofintended landing and, assuming normal cruising speed

- (1) During the day, to fly afterthat for at least 30 minutes; or (2) Atnight, to fly after that for at least 45 minutes. Here, the technological limitations onUAS battery powermeans that no meaningful flight operations canbe 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 FAAhas previously grantedrelieffrom the fuel requirements of§ 91.151(a) for flight in daytime VFR conditions in circumstances similarto those presented inthis Petition for Exemption. 12 In ExemptionNo. 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 ofExemptionNo. 11062 to Astraeus Aerial (DocketNo. FAA-2014-0352 at 21). 12 See e.g., Exemption Nos. 8811, 10808, and 10673. 13 DocketNo. FAA-2014-0642. Page 13 of16US Department ofTransportation 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 powerrecommended by the manufacturer ifgreater, would ensure an equivalent level ofsafety 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 inVFR conditions is therefore appropriate.
VI. DRUG AND ALCOHOL PROGRAM MECC will have policies inplace to ensure that no person may participate in UAS flight operations ifthey are under the influence ofalcohol 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 inthis Petition. Granting this Petition for Exemptionhelps fulfill Congress' goal in passing Section 333(a) through (c) ofthe Reform Act-the FAA Administrator's assessment ofwhether certain UAS may operate safely inthe NAS before completion ofthe statutorily required rulemaking. Beyond increased levels ofsafety, the public stands to benefit enormously from the education and research programs supported by the proposed operations inthis Petition for Exemption. Whether it is helping farmers growbetter crops in an environmentally friendly and more sustainable manner, or studying howUAS can aid in disaster response and assessment, the public as a whole will benefit from the information gathered and studied as part ofthe education and researchprograms 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 overproperty that it does not own or control without the prior consent and knowledge ofthe property owner. IX. FEDERAL REGISTER SUMMARY! Pursuantto 14 C.F.R. Part 11, the following summary is provided for publication inthe FEDERAL REGISTER, should it be determined that publication is needed: Petitioner seeks an exemption from the following rules in Title 14 ofthe Code ofFederal 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); Page 14 of16US Department ofTransportation February 10, 2016 91.407(a)(l); 91.409(a)(l) & (2); 91.417 (a) & (b). The exemption will enhance safety byreducing riskto the general public and property owners from the substantial hazards associated with using conventional fixed-wing aircraft orrotorcraft for aerial data collection in support ofMECC's education and researchprograms. X. CONCLUSION The proposed operations in this Petition for Exemption satisfy the criteria articulated in Section 3 3 3 ofthe Reform Act and the FAA has issued grants ofexemption in circumstances similar in all respects to those presented by MECC in this Petition for Exemption. In consideration ofthe foregoing, MECC respectfully submits that this Petition for Exemption qualifies for expedited approval viathe FAA's summary grant process. We thank you for your prompt consideration ofourrequested exemptions. Should you have any questions, or ifyou need additional informationto support the requested exemptions, please do not hesitate to contactus. Very truly yours,

# j~R, Fred R. Coeburn, Jr.
Attachment

Page 15 of16US Department ofTransportation February 10, 2016 (The following attached items will be submitted under separate cover as they containproprietary and commercial information exempt from disclosure under the Freedom ofInformation 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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