25	November	2015

Office	of	Facilities,	Safety	and	Physical	Plant

State	University	of	New	York	College	at	Oneonta

108	Ravine	Parkway

Oneonta,	NY	13820

United	States	Department	of	Transportation

Docket	Operations

1200	New	Jersey	Avenue,	SE

Washington,	DC	20590

Re: Petition	for	Exemption	and	Relief	from	Specific	Regulations	of	Title	14	of	the	Code	of	

Federal	Regulations	Pursuant	to	Section	333	of	the	FAA	Modernization	and	Reform	Act	of	

1012	(Public	Law	112-95)	Regarding	Use of	Unmanned	Aircraft	Systems	(UAS)

To	whom	it	may	concern:

Pursuant	to	Section	333	of	Public	Law	112-95	commonly	known	as	the	“FAA	Modernization	and	

Reform	Act	of	2012”	or	“The	Reform	Act”,	the	State	University	of	New	York College	at	Oneonta	(“the	

College”)	hereby	applies	for	authorization	to	conduct	unmanned	aerial	systems	(UAS)	operations	

within	the	United	States	National	Airspace	System	(NAS)	for	the	purpose	of	Facilities	Operations,	

Education	and	Research.

The State	University	of	New	York,	College	at	Oneonta	seeks	exemption	from	Section	333	of	Public	Law	

112-95	to	conduct	UAS	operations in	support	of	Facilities	Operations,	Education	and	Research	in	the	

areas	of	Engineering,	Architecture,	Emergency	Services,	Maintenance,	Design,	Environmental	Science,	

Earth	&	Atmospheric	Sciences,	Computer	Sciences	and	Geography.	This	exemption	will	enhance	

safety	by	reducing	risk	to	the	general	public	and	property	owners	from	the	substantial	hazards	

associated	with	performing	equivalent	work	with	conventional	aircraft	and	rotorcraft.

Summary	suitable	for	inclusion	in	the	Federal	Register:		“The State	University	of	New	York	College	at	

Oneonta	seeks	exemption	from Section	333	of	Public	Law	112-95, 14	CFR	§§	61.23(a)	and	(c),	91.7(a),	

91.119(c),	91.121,	91.151(a)(1),	91.405(a),	91.407(a)(1),	91.409(a)(1)	and	(2),	and	91.417(a)	and	

(b),	to	the	extent	necessary	to	allow	the	petitioner	to	operate	a	UAS	to	perform	aerial	data	collection.”
The	name	and	address	of	the	applicant	is:

Philip	S.	Bidwell

Office	of	Facilities,	Safety	and	Physical	Plant

State	University	of	New	York	College	at	Oneonta

108	Ravine	Parkway

Oneonta,	NY	13820

phil.bidwell@oneonta.edu

Office: 607-436-2710

Fax: 607-436-2568

Signed:
GLOSSARY	OF	ABBREVIATIONS:

 AGL	Above	Ground	Level	

 AOI	Area	of	Interest	

 ATC	Air	Traffic	Control	

 ATO	Air	Traffic	Organization	

 AV	Aerial	Vehicle	

 CFR	Code	of	Federal	Regulations	

 COA	Certificate	of	Authorization	

 FAA	Federal	Aviation	Administration	

 FAR	Federal	Aviation	Regulation	

 GCS	Ground	Control	Station	

 LOL	Loss	of	Link	

 NAS	National	Airspace	System	

 NOTAM	Notice	to	Airmen	

 PIC	Pilot	in	Command	

 Section	333	FAA	Modernization	and	Reform	Act	of	2012,	Section	333	

 SOP	Standard	Operating	Procedures	

 UA	Unmanned	Aircraft	

 UAS	Unmanned	Aircraft	System	

 VFR	Visual	Flight	Rules	

 VLOS	Visual	Line	of	Sight	

 VMC	Visual	Meteorological	Conditions	

 VO	Visual	Observer
INTRODUCTION	AND	INTEREST	OF	THE	PETITIONER

The	Office	of	Facilities,	Safety	and	Physical	Plant	(hereafter,	“Facilities”)	at the	State	University	of	

New	York	College	at	Oneonta	(hereafter,	“the	College”)	has	a	frequent	and	continuing	need	for	

high-quality	aerial	imagery	in	both	visible	and	thermal	infrared	bands.		This	imagery	must	also	be	

orthorectified	and	tied	to	a	network	of	surveyed	ground	points so	that	it	can	be	used	in	Facilities’	

GIS	campus	model.		This	kind	of	resource	is	critical	to	the	operational	effectiveness	of	the	Facilities	

Department	for	the	purposes	of	maintaining	existing	infrastructure	as	well	as	developing	new	

infrastructure	on	parcels	of	state-owned	land	on	our	main	campus	and	satellite	facilities	nearby.		

Facilities	would	also	like	to	use	UAS	technology	for	inspection	of	infrastructure	at	height	

(buildings,	towers,	etc.)	that	are	difficult	or	dangerous	to	access	by	our	staff.

The	use	of	commercially-available	UAS	technology	offers	the	College	tremendous	value	on	several	

fronts.		

Previously,	Facilities	has	contracted	with	regional	companies	to	charter	crewed	aircraft	for	this	

purpose.		Obviously,	this	is	expensive,	has	inherent	dangers	in	terms	of	the	potential	for	mishap,	in	

relatively	inflexible	in	terms	of	schedule	and	is	limited	in	terms	of	altitude	restrictions	and	loiter	

times.		A	UAS	offers	the	College	huge	advantages	in	each	of	these	areas.

The	College	also	wished	to	integrate	Facilities	UAS	operations	with	instructional	and	research	

programs	within	our	educational	disciplines.		The	College	is	always	seeking	ways	in	which	to	

provide	students	and	faculty	with	opportunities	to	do	“real-world”	work	connected	to	the	

operational	activities	of	the	school.		The	Departments	of	Geography,	Earth	&	Atmospheric	Sciences	

and	Computer	Sciences	all	have	stated	a	strong	interest	in	participating	in	Facilities’	UAS	

operations.

OVERVIEW	CHARACTERISTICS	OF	PROPOSED	UAS

3D	Robotics	Model	X8+

Specifications:

 Battery:	4S	14.8V	10,000	mAh	10C

 Battery	Dimensions:	6.6	in	x	2.6	in	x	1.4	in	(16.7	cm	x	6.5	cm	x	3.5	cm)

 Battery	Weight:	803	g

 Autopilot	hardware:	Pixhawk	v2.4.5
 Autopilot	firmware:	ArduCopter	3.2

 GPS:	3DR	u-blox	GPS	with	Compass	(LEA-6H	module,	5	Hz	update)

 Ground	Station	Radio:	3DR	Radio	v2	(915	MHz	or	433	MHz)

 Motors:	SunnySky	V2216-12	KV800	II	(The	images	above	show	conical	nuts;	X8+	ships	

with	hex	nuts.)

 Controller:	FlySky	FS-TH9X	with	FrSky	telemetry	module

 Frame	Type:	X

 Propellers:	APC	Propeller	11x4.7	SF	(4),	APC	Propeller	11x4.7	SFP	(4)

 Vehicle	Dimensions:	13.7	in	x	20.1	in	x	11.8	in	(35	cm	x	51	cm	x	20	cm)

 Payload	Capacity:	800	g	(1.7	lbs).	Additional	payload	possible	up	to	over	1kg	with	reduced	

flight	time.

 Vehicle	Weight	with	Battery:	2.56	kg	(5.6	lbs)

 Maximum	Estimated	Flight	Time:	15	min

DJI	Phantom	3	Professional

 Weight	(including	battery	and	propellers) 1280	g

 Diagonal	size	(including	propellers) 590	mm

 Max	Ascent	Speed 5	m/s

 Max	Descent	Speed 3	m/s

 Hover	Accuracy	Vertical:	+/- 0.1	m	(when	Vision	Positioning	is	active)	or	+/- 0.5	m	

Horizontal:	+/- 1.5	m

 Max	Speed 16	m/s	(ATTI	mode,	no	wind)

 Max	Service	Ceiling	Above	Sea	Level 6000	m	(Software	altitude	limit:	120	m	above	

takeoff	point)

 Operating	Temperature 0°C	to	40°C

 GPS	Mode GPS/GLONASS

 Operating	Frequency 2.400	GHz-2.483	GHz

 Max	Distance Up	to	5	km	or	3.1	miles	(unobstructed,	free	of	interference)	when	FCC	

compliant

 Up	to	3.5	km	or	2.1	miles	(unobstructed,	free	of	interference)	when	CE	compliant

 Operating	Temperature 0°C- 40°C

 Battery 6000	mAh	LiPo	2S

 Receiver	Sensitivity	(1%PER) -101	dBm	±2	dBm

 Transmitter	Power	(EIRP) FCC:	20	dBm	CE:	16	dBm

 Working	Voltage 1.2	A	@7.4	V
QUALIFICATION	FOR	APPROVAL	UNDER	SECTION	333	OF	THE	REFORM	ACT	

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	potentially	relevant	factors	

are	satisfied.	

The	proposed	operations	would	permit	the	use	of	small and	relatively	inexpensive	UAS	under	

controlled	conditions	in	airspace	that	is:	(1)	limited;	(2)	predetermined;	(3)	scheduled	and	

secured	to	minimize	physical	and	noise	interference	with	individuals	occupying	terrain	and	

structures;	(4)	would	provide	an	increased	level	of	safety	beyond	that	existing	when	fixed	or	rotor	

wing	aircraft	are	used	to	accomplish	the	same	purpose.	

The	UASs	to	be	operated	are	exclusively	rotorcraft,	each	weighing	typically	less	than	15	lbs.,	and	

always	less	than	55	lbs.,	including	payload.	They	would	operate,	under	normal	conditions,	at	a	

speed	of	no	more	than	50	knots.	The	principal	construction	material	of	the	UAS	aircraft	would	

typically	be	foam,	carbon	fiber,	aluminum	and/or	plastic.	Operations	will	be	performed	by	a	

qualified	UAS	Pilot	in	Command	(PIC),	as	outlined	below,	to	insure	that	the	UAS	will	"not	create	a	

hazard	to	users	of	the	national	airspace	system	or	the	public."	Given	the	small	size	of	the	UAS	

involved	and	the	pre-planned	environment	within	which	they	will	operate,	the	applicant	believes	

that	these	operations	will	be	safe,	preserve	individuals’	privacy	and	present	no	national	security	

issue.	The	operation	of	UAS	by	knowledgeable	professionals	will	serve	to	enhance	safety,	add	to	

the	public	benefit,	and	reduce	environmental	impacts	related	to	current	methods	of	manned	

aircraft	flight	operations.	

Limitations	and	conditions	to	which	the	operator	acting	as	UAS	PIC	agrees	to	be	bound	when	

conducting	commercial	operations	under	a	FAA	issued	exemption:	

Operations	authorized	by	this	grant	of	exemption	are	limited	according	to	the	following	rules:

1. UA	(aircraft	and	payload)	will	weigh	less	than	55lbs.

2. UA	will	be	operated	at	altitudes	not	greater	than	400	feet	AGL.

3. UA	will	be	flown	at	ground	speeds	not	greater	than	40 knots.	

4. UA	will	operate	exclusively	within	the	boundaries	of	College	Property,	its	contracted	

Ancillary	Services	and	bodies	of	water	not	subject	to	private	ownership.

5. The	UAS	PIC	will	hold	a	valid	Student	or	Faculty	identification	card	issued	by	the	State	

University	of	New	York	College	at	Oneonta.
6. A	UAS	PIC	must	complete	a	State	University	of	New	York	College	at	Oneonta	UAS	Training	

Program.	This	training	will	include	detailed	review	of	manufacturer	operating	manuals	and	

practical	demonstration	of	ability	to	safely	operate	UAS	in	a	manner	consistent	with	how	

the	UAS	will	be	operated	under	this	exemption	(to	include	evasive	and	emergency	

maneuvers	and	maintaining	appropriate	distances	from	persons,	vehicles,	vessels	and	

structures).	PIC	qualification	will	have	a	currency	requirement	of	at	least	three	take-offs	

and	landings	within	the	preceding	90	days.	PIC	qualification	flight	hours	will	be	logged	in	a	

manner	consistent	with	14	CFR	§	61.51.	

7. UA	will	not	be	operated	within	5	nautical	miles	(NM)	of	an	airport	having	an	operational	

control	tower,	or	3	NM	of	an	airport	with	a	published	instrument	flight	procedure	but	not	

an	operational	control	tower,	or	2	NM	of	an	airport	without	a	published	instrument	flight	

procedure	or	operational	control	tower,	or	2	NM	of a	heliport	with	a	published	instrument	

flight	procedure.	

8. UAS	flights	will	operate	within	visibility	and	cloud	clearance	requirements	equivalent	to	

Visual	Flight	Rules	(VFR).	

9. UAS	operations	will	not	be	conducted	during	night,	as	defined	within	14	CFR	§	1.1.	10.	UA	

flights	over	land	will	not	be	operated	by	the	PIC	from	any	moving	vehicle	or	device.	UA	

flights	conducted	entirely	over	water	may	be	operated	from	a	suitable	vessel.	

10. UA	will	be	operated	within	visual	line	of	sight	(VLOS)	of	the	PIC	at	all	times.	

11. UAS	operations	will	employ	a	visual	observer	(VO).	The	VO	may	be	used	to	satisfy	the	VLOS	

requirement	as	long	as	the	PIC	maintains	VLOS	capability.	

12. The	VO	and	PIC	must	be	able	to	communicate	verbally	for	the	duration	of	the	flight.	

Electronic	messaging or	texting	is	not	allowed	during	flight	operations.	

13. The	VO	and	PIC	will	wear	vests	identifying	their	roles	to	passers-by.

14. The	VO	will	perform	no	duties	other	than	assisting	the	PIC	see	and	avoid	other	aircraft,	

obstacles,	persons	or	property.	

15. The	UAS	will	use GPS	navigation; failsafe’s,	return-to-home	(RTH)	and/or flight	abort	safety	

features.	

16. Prior	to	each	flight	the	PIC	will	inspect	the	UAS	to	ensure	it	is	in	a	condition	for	safe	flight.	

Checklists	developed	from	manufacturer	operating	documents	will	be	the	basis	for	this	

inspection.	If	the	inspection	reveals	a	condition	that	affects	safe	operation	of	the	UAS,	the	

aircraft	is	prohibited	from	operating	until	necessary	maintenance	has	been	performed	and	

the	UAS	is	found	to	be	in	a	safe	condition	for	flight.	The	Ground	Control	Station	must	be	

included	in	the	preflight	inspection.	

17. A	Ground	Station	will	be	connected,	by	radio	communication,	to	the	UAS	during	the	entire	

flight,	which	will	give	the	PIC	flight	information	such	as	GPS	Position,	Altitude,	Air	speed,	

Battery	Remaining,	and	other	telemetry	information.	
18. Flight	boundaries	will	be	established	for	each	flight	and	such	boundaries	will	be	designed	

such	that	the	UA	will	pass	no	closer	than	100	feet	from	nonparticipating	persons,	vehicles	

or	structures.			Every	effort	will	be	made	to	avoid	overflying	areas	subject	to	pedestrian	and

vehicular	traffic.

19. The	PIC	will	abort	any	flight	in	the	event	of	unpredicted	obstacles,	occurrence	of	adverse	

weather	or	loss	of	UAS	flight	control	capability	in	accordance	with	manufacturer	

operations	documents.	

20. Any	mishap	(resulting	in	damage	to	the	aircraft,	damage	to	any	property	or	significant	

deviation	from	operational	plan)	will	be	reported	immediately	to	University	Police	and	the	

Office	of	Facilities.

21. The	PIC	is	prohibited	from	beginning	a	flight	unless	(considering	wind	and	forecast	

conditions)	there	is	enough	power	to	fly	the	planned	route	to	the	intended	landing	point	

and	land	the	UAS	with	25%	of	battery	capacity	remaining.	

22. Documents	required	by	14	CFR	§	91.9	and	91.203	will	be	available	to	the	PIC	at	the	Ground	

Control	Station	of	the	UAS	whenever	the	aircraft	is	operating.	These	documents	will	be	

made	available	to	the	Administrator	or	any	law	enforcement	official	upon	request.	

23. Before	conducting	flight	operations,	the	radio	frequency	spectrum	used	for	operation	and	

control	of	the	UA	must	comply	with	Federal	Communications	Commission	(FCC)	or	other	

appropriate	government	oversight	agency	requirements.	8	25.	A	Flight	Operations	and	

Maintenance	Log	will	be	maintained	for	each	UAS.	Cumulative	flight	hours,	maintenance	

activities,	repairs,	alterations	and	inspections	will	be	noted.	

24. Any	UAS	maintenance	or	alterations	that	affect	UAS	operation	or	flight	characteristics,	e.g.	

replacement	of	a	flight	critical	component,	must	undergo	a	functional	test	flight.	The	PIC	

who	conducts	the	functional	test	flight	must	make	an	entry	in	the	Flight	Operations	and	

Maintenance	Log.

25. Any	UA	flight	operation	must	be	subject	of	notification	to	the	College’s	University	Police	

Department	and	announced	in	advance	on	the	College	website.		The	results	of	each

operation	must	be	posted	to	the	site	for	faculty	or	students	to	review.

WHY	GRANTING	THIS	PETITION	IS	IN	THE	PUBLIC	INTEREST	

The	use	of	UAS	by	the	State	University	of	New	York	College	at	Oneonta,	besides	generating	direct	

benefits	to	the	College	by	providing	essential	data	for	the	management	of	the	facility,	creates	a	

public	good	by:

1. Limiting	hazards	associated	with	conventional	aircraft
2. Reducing	costs	which,	being	part	of	the	budget	of	a	State	Agency,	are	ultimately	taxpayerderived

3. Significantly	improving	the	quality	of	infrastructure	for	which	the	College	is	acting	as	a	

steward	directly	and	actually	on	behalf	of	the	People	of	the	State	of	New	York

4. Offering	an	enhanced	educational	experience	for	students	enrolled	at	the	College

5. Promoting	the	safe,	authorized	and	carefully	regulated	use	of	the	National	Airspace	according	

to	appropriate	rules	and	procedures.

RATIONALE	FOR	REQUEST	FOR	SPECIFIC	EXEMPTIONS	TO	14	CFR	PARTS	61	AND	91

61.23(a)	and	(c) There	are	no	mechanisms	for	UAS	operations	to	meet	any	of	the	requirements	of	

part	61,	particularly	medical	standards.		The	College	will	apply	operation	rules	as	above	to	meet	

training	and	basic	standards	for	UAS	piloting.

91.7(a) Airworthiness	standards for	UAS	are	clearly	different	than	those	for	

conventional,	crewed	civil	aircraft.		The	College	is	committed	to	maintaining	UAS	in	a	safe	condition	

as	described	in	the	operation	rules	above.

91.119(c) The	College	needs	to	operate	a	UAS	below	minimum	safe altitudes	as	described	

in	Part	91.

91.121 UAS	do	not	employ	barometric	altimetry	to	maintain	specific	altitudes.		

Operators	will	employ	an	AGL	reference	combined	with	visual	line-of-site	standards	to	manage	

altitude.

91.151(a)(1) UAS	cannot	meet	fuel management	requirements	established	for	civil	aircraft.		

Operational	rules	do	establish	a	similar	standard	for	battery	and	flight	time	margins.

91.405(a) Maintenance	standards	for	the	proposed	type	of	UAS	are	clearly	different	from	

those	for	civil	aircraft.

91.407(a)(1) There	are	no	existing	authorities	able	to	sign	off	on	maintenance	work	in	a	

fashion	similar	to	that	for	civil	aircraft.

91.409(a)(1)	and	(2)No	mechanisms	exist	for	standardized	inspections	or	the	issuance	of	

airworthiness	certificates for	UAS.		Operation	rules	define	inspection	standards	to	be	carried	out	by	

the	operators.
91.417(a)	and	(b) Similar	to	the	case	for	91.409,	no	mechanisms	exist	for	UAS	maintenance	

records.