I. Petitioner’s Description

Cornell University, College of Agriculture and Life Sciences is a private-public university 

engaged in agricultural research for the benefit of the United States and the World. Elson 

Shields, Professor at Cornell University would like to request an exemption to utilize small 

unmanned aircraft systems (UAS) in his long-standing research efforts, pursuant to Section 333 

of the Federal Aviation Administration (FAA) Modernization and Reform Act of 2012 (the 

Reform Act), from Federal Aviation Regulations (FARs) identified below, allowing commercial 

operations of small unmanned aircraft systems (UAS).

The petitioner’s contact information is as follows:

Elson Shields

Department of Entomology

Comstock Hall

Cornell University

Ithaca, NY 14853

Email: es28@cornell.edu

Mobile phone: 607 279 1849

II. Relevant Statutory Authority

This petition for exemption is submitted to fulfill Congress’ goal in passing 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 consider whether certain UAS may 

operate safely in the National Airspace (NAS) before completion of theformal UAS rulemaking, 

based on the following considerations:

The UAS’s size, weight, speed, and operational capability;

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

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

Pursuant to 49 U.S.C. § 44701 (f), the FAA Administrator has authority to grant exemptions if 

the request is found to be in the public interest.

III. Qualifications for Approval under Section 333 of the ReformAct

The proposed operations in this petition for exemption qualify for expedited approval

under Section 333 of the Reform Act. Each of the statutory criteria and other potential relevant 

factors are satisfied. The proposed operations would permit the use of small and relatively 

inexpensive UAS under controlled conditions in Class G airspace with altitudes limited to 400 ft 

agl. The focus of the operations would be to collect scientific information supporting ongoing 

agricultural research efforts which help to secure domestic food production within the borders of 

the United States and is therefore in the public interest.
The UAS to be used weighs less than three (3) pounds, including payload. Operation of 

the aircraft will be limited to VFR conditions and winds under 15 knots. The aircraft has the 

ability to hover and move in the horizontal and vertical planes simultaneously. The UAS will not 

be operated at speeds greater than 27 knots. The UAS will be operated within visual line of sight 

(VLOS) of the pilot in command (PIC) with the aid of a visual observer (VO).

IV. Training and Proposed Operations

A. Training: PIC will hold a current FAA pilot license (minimum of a FAA sport pilot) and 

will hold a minimum of a current driver license as required by the FAA sport pilot license

for a medical requirement. PIC will be trained on the safe operations of the UAS along 

with any restrictions regarding the UAS flights and will have to demonstrate for the Chief 

Pilot, proficiency in the operation of the UAS. PIC will be required to have flown the 

UAS within 90 days of the current flight. PIC outside of the required currency will 

conduct a flight under the supervision of the chief pilot. The chief pilot for this project 

has more than 2500 hours operating UAS in the NAS, more than 500 hours as an 

instrument-rated private pilot and more than 25 hrs operating the DJI Phantom 2 

quadcopter. The chief pilot will both fly missions for the project and be responsible for 

the training of other pilots utilized by the project.

B. Proposed Operations: All proposed UAS operations will be conducted over agricultural 

fields in rural New York State. All flights will be conducted under VFR conditions 

during daylight hours with wind speeds less than 15 knots. All flights will remain in 

visual line of sight to the PIC (VLOS) and Observer (VO). All operations will occur 

over private property with the owner’s prior consent or land owned and operated by 

Cornell University.

Altitudes will be limited to below 400 ft agl and the locations of the agricultural fields 

will be more than 5 miles from public airports with operating towers, more than 3 miles 

from public airports without towers and more than 1 mile from private airports. 

Operations within 1 mile of private airports will only be conducted if there is a 

communications procedure between the airport owner and this project to minimize risk. 

Prior to any flight, the UAS will undergo a preflight inspection which includes checking 

the maintenance log book to verify that all reported maintenance issues have been 

resolved before the current flight. Before system power up, the status of the available 

batteries will be verified and only used if the level of charge is sufficient for the planned 

flight. In addition, the flight area will be cleared of all non-essential personnel. After 

system power up, the system calibration procedures will be followed as per manufacture 

guidelines regarding the compass and GPS calibration. Upon successful calibration, the 

PIC with observer will double check to verify the flight area is cleared of personnel and 

spectators before the propellers on the UAS begin to turn. Initially, the UAS will be 

hovered 12-18” off the ground for the final check of all systems before the data 

collection flight is initiated. Only then will the UAS depart the takeoff/landing area for 

the designated mission. An observer will be required for all flights standing in close 

proximity to the PIC with the responsibility to report to the PIC any issues which have 
the potential to interfere with the flight and the safety of surrounding individuals and 

objects. Upon mission completion, the UAS will be inspected and any maintenance 

issues found will be entered into the log book to be addressed before the next series of 

flights. Flight is controlled on 5.72-5.8 GHz and video downlink on 2.414-2.462 GHz. 

Both of these frequencies have been approved by FCC for use in this manner.

 All flights will be conducted with a PIC and a visual observer (VO).

 All personnel and spectators will be kept out of the flight area during the flight 

operations and will be restricted to a predesignated safe site.

 With an FAA granted exemption, Cornell University will obtain an Air Traffic 

Organization (ATO) issued Certificate of Waiver or Authorization (COA) for 

each UAS operation if required.

 In accordance with the COA, Cornell University will request a Notice to Airmen 

(NOTAM) not more than 72 hours in advance, but no less than 48 hours prior to 

the operation.

 UAS flights will be terminated at 30 minutes or when battery power is reduced to 

25%, whichever comes first.

 When necessary, the UAS may also be programmed to not fly outside of a

designated, controlled area.

 The UAS has the capability to hover in place, and move in the horizontal and 

vertical planes simultaneously.

 The PIC will routinely reference A UAS Flight Checklist during operations to 

ensure the maintenance and airworthiness of the aircraft, and to ensure general 

safety during flight operations.

 Cornell University will follow the UAS manufacturer’s maintenance, overhaul, 

replacement, inspection, and life limit requirements.

C. Unmanned Aircraft System

Cornell University’s proposed UAS operations would use a Phantom 2 quadrocopter. The 

payload will either be a lightweight gimbal mounted camera or a lightweight particle sampler

mounted onto the landing gear with the collection plates under the down blast of the four motordriven propellers.. Gross weight will remain below 3 lbs regardless of payload.

The aforementioned Phantom 2 utilizes the DJI Naza-M V2 flight control system. The aircraft 

has the capability to hover, and move in the vertical and horizontal plane simultaneously. The 

aircraft is equipped with a global positioning system (GPS), Inertial Measurement Unit (IMU), 
and Compass that work in unison to stabilize the aircraft and render safety features. The aircraft 

can be programmed to not fly above 400 feet AGL and to not fly outside of a pre-determined 

flight zone. These systems will also initiate the failsafe function. If the aircraft looses the signal 

from the transmitter, the GPS system will automatically initiate the failsafe mode and fly the 

aircraft back to a pre-determined location and land automatically.

V. Regulations from which Exemption is Requested

Cornell University seeks exemption of the following FAR’s

14 CFR Part 21, Subpart H: Airworthiness Certificates and 14 CFR §

91.203(a)(1)

14 CFR § 61.56 Flight review

14 CFR § 61.113: Private pilot privileges and limitations: Pilot in command

14 CFR § 91.7(a): Civil aircraft airworthiness

14 CFR § 91.119(c): Minimum safe altitudes

14 CFR § 91.121: Altimeter settings

14 CFR § 91.151(a): Fuel requirements for flight in VFR conditions (day)

14 CFR §§ 91.405(a): Maintenance required; 91.407(a)(1): Operation after 

maintenance, preventative maintenance, rebuilding, or alteration;

91.409(a): Inspections; 91.417 (a)(b): Maintenance records

14 CFR Part 21; Subpart H: Airworthiness Certificates and 14 CFR §91.203(a)(1)

Cornell University requests an exemption from 14 CFR Part 21, Subpart H, which

establishes the procedures for attaining airworthiness certificates required by 14 CFR §

91.203(a)(1). The Reform Act allows the FAA to exempt aircraft from the requirement

of an airworthiness certificate in consideration of the size, weight, speed, operational

capability, and proximity to airports and populated areas of the particular UAS.

Equivalent Level of Safety: The UAS to be operated is the DJI Phantom 2, weighs less 

than 3 pounds including payload, carries no pilot or passengers, carries no flammable liquid 

fuels, and operates within a pre-determined flight zone. Furthermore, the PIC and VO will 

determine the airworthiness of the Phantom 2 prior to each flight, by adhering to safety 

guidelines set forth in the Phantom 2 User Manual, and the UAS Flight Checklist.

14 CFR § 61.56: Flight review

Cornell University requests exemption from 14 CFR § 61.56, which subjects the pilot in

command (PIC) to flight review requirements consisting of one (1) hour of flight time in an 
aircraft in which the PIC is rated on his or her pilot certificate and one (1) hour of ground 

training. The flight review requirements set forth in 14 CFR § 61.56 would have little 

relevance to the safe operation of the small UAS intended for use in Cornell University’s

operations.

PIC will be trained in the on the safe operations of the UAS along with any restrictions 

regarding the UAS flights and will have to demonstrate for the Chief Pilot, proficiency in 

the operation of the UAS. PIC will be required to have flown the UAS within 90 days of the 

current flight. PIC outside of the required currency will conduct a flight under the 

supervision of the chief pilot.

Equivalent Level of Safety: An equivalent level of safety will be achieved by following

training procedures to ensure the PIC skill level is sufficient to conduct safe flights. All 

PICs need to be signed off by the Chief Pilot as being current. Pilots will have to 

demonstrate on a 90 day basis, safe takeoff/landings, precise maneuvering skills and 

emergency procedures to the satisfaction of the Chief Pilot. Pilots need to log 30 min of 

flight time and 3 takeoff/landing for each 90 day period to remain current.

14 CFR § 61.113: Private pilot privileges and limitations: Pilot in command

Cornell University requests an exemption from 14 CFR § 61.113, limiting private pilots and 

sport pilots to non-commercial operations. However, the UAS will not carry pilots, 

passengers, or any living thing and be restricted to a flight zone that is predetermined and 

controlled as to access. The risks associated with the UAS operations are far diminished 

from the risks associated with commercial operations envisioned by 14 CFR Part 61, when 

drafted.

Equivalent Level of Safety: Proposed UAS operations will obtain an equivalent level of 

safety, as the aircraft will carry no living thing on board. The level of safety provided 

exceeds that provided by a single individual holding a commercial pilot certificate operating 

a conventional aircraft.

14 CFR § 91.7(a) Civil aircraft airworthiness

Cornell University requests an exemption from 14 CFR § 91.7(a), which requires that civil

aircraft be in airworthy condition to be operated. Since the Phantom 2 has no airworthiness 

certificate, there is no regulatory standard for determining the airworthiness of the UAS.

Equivalent Level of Safety: In accordance with 14 CFR § 91.7(b), the PIC will determine 

whether the UAS is in a condition for safe flight by complying with procedures in the 

Phantom 2 User Manual, and the UAS Flight Checklist.

14 CFR § 91.119(c) Minimum safe altitudes

Cornell University requests an exemption from 14 CFR § 91.119(c), which establishes

minimum safe altitudes “over other than congested areas,” in which an aircraft below 500

feet AGL may not operate closer than 500 feet to any person, vessel, vehicle, or structure. 
In order to provide the intended inspection services, the UAS will be operated below 500

feet AGL and closer than 500 feet to persons, vessels, vehicles, and structures.

Equivalent Level of Safety: Operation of the UAS is safer than traditional aircraft due to 

its small size, lightweight, lack of flammable fuel, and limited speed. Additionally, no 

flight will occur without the permission of the property owner. With advanced notice 

given, all property owners and affected persons will be aware of all UAS operations. The 

UAS will be operated in a restricted and controlled area. Under no circumstances will the 

UAS be operated so close to persons, vessels, vehicles, or structures as to present an 

undue hazard.

14 CFR § 91.121: Altimeter settings

Cornell University requests an exemption from 14 CFR § 91.121, which states that when

operating below 18,000 feet MSL, aircraft not equipped with a radio shall set an altimeter

to the elevation of the departure airport or an appropriate altimeter setting available

before departure. An exemption is required because the UAS is not equipped with a user

configurable barometric altimeter.

Equivalent Level of Safety: Complying with the pre-flight procedures in the Phantom 2 

User Manual and verifying the GPS altitude before each flight will provide an equivalent 

level of safety. During flight, the Phantom 2 provides an Above Ground Level (AGL) 

reading in relation to its takeoff location. The altitude will be closely monitored during 

flight, keeping the UAS below 400 feet AGL, ensuring operations at safe altitudes. 

Furthermore, the UAS will remain within VLOS of the PIC and VO at all times.

14 CFR § 91.151(a): Fuel requirements for flight in VFR conditions (day)

Cornell University requests an exemption from 14 CFR § 91.151(a), which states than no

person may begin a flight unless there is enough fuel to fly to the first point of intended

landing and, assuming normal cruising speed to fly after that for at least 30 minutes. The

battery powering the Phantom 2 provides approximately 25 minutes of total flight time. It

is therefore impossible for the UAS to meet the requirement of this section.

Equivalent Level of Safety: Planning all flights with the intent to land after 30 minutes 

or at 25% battery power remaining, whichever comes first, will provide an equivalent 

level of safety. Additionally, unlike traditional aircraft, the UAS will always be within 

VLOS and have no significant transit time to or from the landing area. Vertical Access 

will only operate the UAS in daytime VFR conditions within VLOS.

14 CFR §§ 91.405(a) Maintenance required; 91.407(a)(1) Operation after maintenance, 

preventative maintenance, rebuilding, or alteration; 91.409(a) Inspections; 91.417(a) and 

(b) Maintenance records.

Cornell University requests an exemption from the maintenance and inspections

requirements of 14 CFR § 91.405(a), 91.407(a)(1), 91.409(a), and 91.417(a) and (b). 

These regulations apply to maintenance of aircraft holding an airworthiness certificate,

which the Phantom 2 does not have. Therefore an exemption is required.
Equivalent Level of Safety: An equivalent level of safety will be achieved by ensuring 

that the UAS is in working order prior to initiating flight, performing required 

maintenance, and keeping a log of any maintenance performed. All maintenance and 

inspections will be performed in accordance with the Phantom 2 User Manual.

VI. Public Interest

An exemption for Cornell University to use UAS commercially would help to fulfill

Congress’ goal in assessing whether certain UAS may operate safely in the NAS.

The exemption is in the public interest as it offers a safer and more cost-effective option

for collecting agricultural research data to better understand insects and plant diseases attacking 

our agricultural crops. Better management of these food crop pests improves national food 

security and improves the food supply for humans in the US and abroad.

VII. Privacy

As mentioned above, all flights will occur in an area that is pre-determined, limited, and

controlled as to access. Privacy will not be an issue where flights occur over private

property. 

VIII. Publication Summary

The petitioner, Cornell University seeks exemption from the following rules to commercially

operate UAS in the National Airspace to conduct agricultural research to improve National Food 

Security

14 CFR Part 21, Subpart H: Airworthiness Certificates and 14 CFR § 91.203(a)(1)

14 CFR § 61.56 Flight review

14 CFR § 61.113: Private pilot privileges and limitations: Pilot in command

14 CFR § 91.7(a): Civil aircraft airworthiness

14 CFR § 91.119(c): Minimum safe altitudes

14 CFR § 91.121: Altimeter settings

14 CFR § 91.151(a)(1)(2): Fuel requirements for flight in VFR conditions (day)

14 CFR §§ 91.405(a): Maintenance required; 91.407(a)(1): Operation after maintenance, 

preventative maintenance, rebuilding, or alteration;

91.409(a): Inspections; 91.417 (a)(b): Maintenance records

X. Conclusion

Cornell University respectfully submits this request for expedited exemption under

Section 333 of the Reform Act. Given the small size of the UAS, the willingness of

Vertical Access to gain all necessary permissions, and the commencement of clear and

well planned operations and maintenance programs, the commercial, UAS use by

Cornell University causes no threat to the general public or others using the National

Airspace.