Department of Wildlife Ecology and Conservation

Fort Lauderdale Research and Education Center

__________________________________________________________________________________________________

1

3205 College Avenue

Davie, Florida 33315

Tel. (305) 793-1535

sceliog@yahoo.com

July 28, 2015

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act), and 14 

C.F.R. Part 11, the University of Florida operating a Small Unmanned Aircraft System (sUAS) equipped to 

conduct aerial photography and survey, hereby submits a petition for an exemption from the Federal Aviation 

Regulations (FARs), listed below, to allow the commercial operation of sUAS in airspace regulated by the 

Federal Aviation Administration (FAA) for the purposes of conducting wildlife surveys and ecological research.

Regulations from which the exemption is requested:

14 C.F.R. Part 21 Subpart H

14 C.F.R. 45.23 (b)

14 C.F.R. 91.7 (a)

14 C.F.R. 91.9 (b) (2)

14 C.F.R. 91.109

14 C.F.R. 91.119

14 C.F.R. 91.121

14 C.F .R. 91.151

14 C.F.R. 91.203 (a) & (b)

14 C.F.R. (91.401 - 91.417)

University of Florida professor Dr. Frank J. Mazzotti’s lab, based out of the Fort Lauderdale Research 

and Education Center (FLREC), has been conducting long-term, applied research and monitoring focused on 

crocodilians, invasive reptiles, threatened and endangered species for over 30 years. Much of this work is done 

in collaboration with federal, state, local, and tribal agencies, providing scientific support for Everglades 

restoration. Over the years, aerial operations involving both fixed-wing aircraft and helicopters have been 

necessary, due to the inaccessibility of much of the Everglades, in order to track radio-tagged animals, recapture 

those individuals, and locate new nesting sites of the threatened American Crocodile.

The incorporation of unmanned aerial systems into these research projects would greatly advance their 

progress by reducing both costs and risks to personnel associated with manned flights in remote areas. The 

ability of a sUAS to fly slowly, quietly, maneuver through multiple axes simultaneously, and hover makes it an 

excellent tool for wildlife detection while minimizing disturbance to target and non-target species in 

ecologically sensitive areas.

In order to continue monitoring the threatened American Crocodile population of South Florida, it is 

vital to continue to assess annual nesting success in critical areas of their range. Additionally, new hatchlings 

are tagged and released each year in order to collect growth and survival data throughout their lifetimes. These 

projects have been critical in assessing the effects of Everglades restoration projects. Initially, a sUAS will be 

used to locate new crocodile nesting sites in coastal areas of Florida Bay in Everglades National Park. 

Traditionally, sites have been located by manned aircraft engaging in low level reconnaissance flight followed 
2

by confirmation on the ground. The use of sUAS would allow researchers to survey small islands and coastal 

mangrove habitat without the risks to life, property, and environment associated with low-level manned flights. 

Possible nest sites could then also be immediately confirmed as biologists would already be on the ground. The 

drastically reduced costs of such an operation, when compared to manned flights followed by ground-truthing

missions, would greatly extend the productivity of federal grant dollars that fund these projects. Representatives 

of the National Park Service have shown interest in permitting these sUAS operations pending a letter of 

authorization from the FAA.

We are petitioning for exemption to enable the University of Florida to operate a DJI Phantom 2

Vision+ equipped with a three-axis gimbal and camera. This sUAV has a built- in capability to limit the height 

it flies above the ground, to limit the radius of the distance it flies from the operator and to exclude it from Class 

B, C and D airspace including a no fly zone feature. The Phantom2 Vision+ also has the “Failsafe” function of 

the DJI Naza-M V2 Flight Control system which automatically triggers a “Return Home” flight sequence, 

returning the sUAV to either a predetermined “Home” point if the communication between the craft and the

Remote Controller is disconnected. Additionally, the Phantom 2 Vision+ automatically enters a descent in the 

unlikely event of a loss of communication with the Remote Controller and GPS signal. This sUAV is also 

equipped with the DJI smart battery which adjusts low and critical battery life warnings by factoring in distance 

and altitude from the Home Point to prevent complete drainage of the battery in flight. The low battery life 

warning prompts the pilot with the option to immediately activate the “Return Home” sequence.

Operations will not deviate from the Federal Aviation Regulations except where specific exemptions are 

granted by the administrator. Operations will also meet the Model Aircraft Operating Standards as outlined in 

Section 336 of the FAA Modernization and Reform Act of 2012 and will be conducted within the following 

parameters:

• The petitioner will only operate its sUAS in line of sight of a pilot and/or observer and will operate at sites that 

are a 'sufficient distance' from populated areas within the sterile area described in the FOPM. Such operations 

will insure that the sUAS will "not create a hazard to users of the national airspace system or the public."

• When flying sUAV within 5 miles of an airport, airport operators will be notified and the operator will give 

the right of way to avoid flying in the proximity of full-scale aircraft.

• Flights will be terminated at 25% battery power reserve.

• The sUAV will be programmed so that it will not be operated at an altitude of no more than 400 feet AGL.

• Minimum crew for each operation will consist of the sUAS Pilot and the Visual Observer.

• The sUAS PIC's (Pilot in Command) will be an FAA certificated airman holding a Commercial License and 

appropriate medical certificate.

• The sUAS operated by the petitioner will weigh less than 55 lbs. The Phantom 2 Vision+ weighs 2.7lbs 

pounds with max payload of 2.97lbs (Camera, lens, and gimbal weights are well below max payload).

• The sUAV will operate at speeds of no more than 30 knots.

Additionally, the fact that the pilot holds a FAA Commercial Pilot certificate and is also a wildlife 

biologist demonstrates that he has a high regard for safe flight operations, an understanding of the FARs, preflight inspections, maintenance and repair, operations within airspace, and is also aware of potential operational 

hazards posed to and by wildlife in the areas of operation. All operations will be over unpopulated natural areas 

that constitute the Everglades ecosystem. Operations will be conducted in accordance with rules and permitting 

requirements by managing agencies such as the National Park Service, the Florida Fish and Wildlife 

Conservation Commission, and the South Florida Water Management District. Although, technically, all of 

these areas are considered public lands, access is in many cases extremely limited due to restrictions by 

management agencies, habitat/terrain type, and extreme remoteness, which greatly reduce the likelihood of 

operating within miles of another human being or manmade structure. Given the small size of the sUAS and the 
3

remote/unpopulated environment over which it will operate, the operations would adhere to the Reform Act's 

safety requirements.

Under the requested exemption the University of Florida ensures that all operators have completed a 

small unmanned aircraft systems (UAS) education and training program including all applicable regulations and 

guidance documents; including aeronautical background information such as charts, NOTAMS and Aircraft 

Circulars; Radio Communications Procedures; Human Factors and Crew Resource Management; Basic Small 

UAS Aerodynamics; Weather factors; Airmanship and Decision-making and Safe Operating Procedures. We 

respectfully request exemption under Section 333 to enable the University of Florida to operate efficient, 

limited, low-risk commercial sUAV operations for the activities stated respecting at all times the space and 

privacy of citizens and property while keeping our skies safe. For the administrator’s review, we are also 

submitting documents provided by the manufacturer, including the Phantom 2 Vision+ User Manual and Pilot’s 

Training Guide.

Sincerely,

Sergio C. Gonzalez

Wildlife Biologist/Commercial Pilot
4

EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY

The University of Florida requests an exemption by the Federal Aviation Administration from the following 

regulations, as well as any additional regulations that the administrator may deem necessary for the operation of 

this sUAV System:

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of 

airworthiness certificates as required by FAR §91.203 (a) (1). Given the size and operating area associated with 

the aircraft to be utilized by the applicant, an exemption from Part 21 Subpart H meets the requirements of an 

equivalent level of safety under Part 11 and Section 333 of the Reform Act. The Federal Aviation Act (49 

U.S.C.§44701 (f)) and Section 333 of the Reform Act both authorize the FAA to exempt aircraft from the 

requirement for an airworthiness certificate, upon consideration of the size, weight, speed, operational 

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

Manned aircraft conducting aerial wildlife surveys weigh thousands of pounds and are operated by onboard 

pilots, crewmembers, and biologist observers. The sUAS to be operated hereunder (DJI Phantom 2 Vision+) is 

less than 6 lbs. fully loaded, carries neither a pilot nor passenger, carries no explosive materials or flammable 

liquid fuels. Max speed is 29 knots. The limited weight and the fact that the pilot in command (PIC) and visual 

observer (VO) are remotely located, significantly reduce the potential for harm to participating and 

nonparticipating persons or property in the event of an incident or accident.

Operations under this exemption will be tightly controlled and monitored by the operator adhering to the FARs 

and any conditions mandated by the FAA. Operations will also adhere to the requirements of applicable state 

and federal agency research permits, as well as with local public safety requirements. All operations will be 

conducted over unpopulated and at least 5 miles from any airport. The FAA will have advance notice of all 

operations. Lastly, application of the above criteria demonstrates that there is no credible threat to national 

security posed by the sUAS, due to its size, speed of operation, location of operation, lack of explosive 

materials or flammable liquid fuels, and inability to carry a substantial external load. The elimination of the risk 

of fuel spillage or fire in the event of an accident also protects the ecologically sensitive areas in which work 

would be conducted.

The sUAS has the capability to operate safely after experiencing certain potential in-flight failures and uses an 

autopilot system to maintain stability and control. It is also able to respond with a pre-programmed automated 

flight sequence in the case of a lost link or lost GPS event. This mitigates the risk of possible command and 

control link failures. The DJI smart battery incorporates distance from a predetermined “Home Point” in 

determining low and critical battery levels to prevent loss of power in flight. It can be automatically returned to 

the Home Point at low battery levels. Further, in the event that remaining battery life is insufficient to return to 

predetermined “Home” point, the Phantom 2 Vision+ will automatically enter a controlled descent to land. 

Given the size, weight, operating limitations, and safety features of the sUAS to be used, we believe that the 

UAS operated without an airworthiness certificate, in unpopulated areas and under the conditions proposed will 

be at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an 

airworthiness certificate without the restrictions and conditions proposed.
5

14 CFR 45.23 Display of marks; general

These regulations provide that each aircraft must display "N" and the aircraft's registration number in letters at 

least 3 inches high. Additionally, the aircraft must display the word "EXPERIMENTAL" in letters at least 2 

inches high near the entrance to the cabin, cockpit, or pilot station. 

Exemption from §45.23(b) is being requested until exemption from 14 CFR §21.191 is granted, after which the 

petitioner realizes that 14 CFR 45.23(b) would not be applicable. The sUAV does not have an entrance in which 

the word "EXPERIMENTAL" can be placed. We propose to achieve an equivalent level of safety by including 

the word “EXPERIMENTAL" in the placard on the top of the aircraft, where the PIC, VO and others in the 

vicinity of the aircraft while it is preparing for launch will be able to see the designation. The sUAS will be 

identified by serial number, registered in accordance with 14 CFR Part 47, and have identification (N-Number) 

markings in accordance with 14 CFR Part 45, Subpart C.

14 CFR 91.7(a) Prohibits the Operation of an aircraft without an airworthiness certificate.

Exemption from this regulation is being requested until exemption from 14 CFR Part 21 Subpart H is granted, 

where-after no such certificate would be applicable. Currently the sUAV in question is not certificated under 14 

CFR Part 21.

14 CFR 91.9(b)(2) Civil aircraft flight manual, marking, and placard requirements.

This regulation provides that no person may operate an aircraft unless a current, approved flight manual is in the 

aircraft. Because the intent of this requirement is to have the flight manual available to crew in flight, there is no 

internal compartment, and there is no crew on board the sUAS, we request exemption from this regulation. In 

order to meet the intent of §91.9, the approved sUAS flight manual will be available to crew at the base station 

during all operations.

14 CFR 91.109 Flight Instruction; Simulated instrument flight and certain flight tests.

The regulation states that "No person may operate a civil aircraft that is being used for flight instruction unless 

that aircraft has fully functioning dual controls." The sUAS System ground-based control station consists of a 

small hand-held radio transmitter that does not offer a second set of "controls". The petitioner believes that an 

equivalent level of safety can be maintained in light of the fact that the aircraft is unmanned and risk of injury to 

either student or instructor is minimal. Dedicated training sessions, following the manufacturers training guide,

and experience-building flights prior to active operations will be conducted while maintaining appropriate 

distances from non-participants in accordance with 14 CFR §91.119. Training and relevant currency 

requirements will be logged and made available to the Administrator upon request.

91.119 Minimum safe altitudes: General. 

The regulation states that over sparsely populated areas the aircraft cannot be operated closer than 500 feet to 

any person, vessel, vehicle, or structure. The typical mission of the sUAS would include aerial survey, 

photography, and videography, of wildlife over wilderness or unpopulated areas. In the event that such 

operations require flight near or over manmade structures, specific permissions will be obtained from property 

owners (i.e.: management agency) and pertinent safety precautions shall be coordinated before such flights. The 

aircraft will still be operated at an altitude allowing an emergency landing without undue hazard to persons or 

property on the surface. Due to the small size of the sUAS, the hazard to persons, vehicles and structures is 
6

minimal compared to manned aircraft, which should be considered in granting the exemption. A 500 foot 

clearance buffer will be maintained from any non-participating persons or vessels.

14 CFR §91.121 Altimeter settings.

The regulation requires that aircraft shall maintain cruising altitudes by reference to an altimeter setting 

available within 100 NM of the aircraft. The altimeter setting is not adjustable on the sUAS (barometrically or 

otherwise). Therefore, the petitioner requests exemption from this rule. The sUAS uses a non-adjustable 

barometric altimeter measurement above the takeoff point (ground level) that is transmitted via radio from the 

sUAS on-board computer to the display screen held by the PIC, providing a constantly updated AGL readout. 

The sUAS will always fly below 400 feet AGL and will not need to maintain cruising altitudes in order to

prevent conflict with other aircraft. This should be sufficient to obtain an equivalent level of safety as provided 

by §91.121.

14 CFR §91.151 Fuel requirements for flight in VFR conditions.

The regulation provides that no person may begin a flight in an airplane under day-VFR conditions unless there 

is enough fuel to fly to the first point of intended landing and to fly after that for at least 30 minutes. The 

intention of this paragraph is to provide an energy reserve as a safety buffer for delays to landing. The sUAV is 

battery operated and will never fly more than .5 NM (or 1NM with a range extender) from the operating station. 

The maximum duration of flight from a single battery charge is approximately 15 minutes with a 25% reserve. 

Given the limited range and operating time of the sUAV, a full battery charge at launch will ensure that the 

intended reserve energy requirement of this paragraph is met. In order to maintain an equivalent level of safety

if exemption from 14 CFR §91.151 is granted, the sUAV will be operated as such that it will return to the 

intended landing site with not less than 25% remaining battery power.

14 CFR §91.203(a) & (b) Civil aircraft: Certifications required.

The regulation provides that an airworthiness certificate, a registration certificate must be aboard the aircraft. 

The airworthiness certificate must be "displayed at the cabin or cockpit entrance so that it is legible to 

passengers or crew. At a maximum gross weight of 5.7 pounds, the sUAS is too small to carry documentation, 

does not have an entrance, and is not capable of carrying passengers or crew. As an alternative means of 

meeting the intent of 91.203, we propose that documents deemed appropriate for this aircraft by the FAA will 

be co-located with the crew at the ground control station and available for inspection upon request. The sUAS 

will be identified by serial number, registered in accordance with 14 CFR part 47, and have identification (NNumber) markings in accordance with 14 CFR part 45, Subpart C.

14 CFR Subpart E (91.401- 91.417) Maintenance, Preventive Maintenance, Alterations

The regulation provides that the operator is primarily responsible for maintaining the aircraft in an airworthy 

condition, including compliance with part 39 and 43. Paragraphs 91.407 and 91.409 require that the aircraft be 

"approved for return to service by a person authorized under 43.7" after maintenance and inspection. It is our 

intention that the PIC perform maintenance and inspection of the aircraft and be authorized to approve the 

aircraft for return to service. The PIC will ensure that the aircraft is in an airworthy condition prior to every 

flight. Maintenance performed by the PIC is limited to repairing small cracks, replacing a propeller, checking 

electrical connections and updating software and firmware for the on-board computer. All other maintenance 

will be performed by the manufacturer or their designated repair facility. The PIC will document work

performed in accordance with §91.417. Due to the size, construction, and simplicity of the aircraft, the PIC can 

ensure an equivalent level of safety.