Mark E. McKinnon

Matthew J. Clark

Mark.McKinnon@dentons.com

D. 703.336.8708

Matthew.Clark@dentons.com

D 703.336.8714

Dentons US LLP

1676 International Drive • Penthouse

McLean, VA 22102

United States

T 703.336.8800

F 703.336.8750

Salans FMC SNR Denton

McKenna Long

dentons.com

July 20, 2015

To Whom it May Concern: 

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

and 14 C.F.R. Part 11, the University of Virginia (hereinafter sometime referred to as “UVA” or 

“University”) hereby applies for a Grant of Exemption from the Federal Aviation Regulations 

(FARs) identified below, to the extent necessary to allow Petitioner to operate small unmanned aerial 

vehicles (i.e., small unmanned aircraft systems or UAS) for aerial data collection in support of its

education and research operations. UVA seeks permission to operate the following vehicles: the

UVA Flying-Wing Razor, UVA Flying-Wing VTOL, UVA 500 mm Hexacopter, UVA 800 mm 

Hexacopter, Quanum Nova/Cheerson CX-20 Quadcopter, DJI Inspire series, DJI Phantom series, 

DJI Spreading Wing series, 3D Robotics Iris+, 3D Robotics Quad-D, and the 3D Robotics X8. UVA

respectfully submits that this Petition for Exemption qualifies for expedited approval, as the Federal 

Aviation Administration (FAA) has previously issued grants of exemption in circumstances similar 

in all material respects to those presented herein. 

In addition to this Petition for Exemption, UVA will also submit The University UAS 

Operations Manual under separate cover. UVA submits this Manual as a confidential document 

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

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

information contained in the Manual is not generally available to the public and is protected from 

release under the Freedom of Information Act, 5 U.S.C. § 552 et seq.

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

Re: University of Virginia Petition for Exemption Pursuant to Section 333 of the 

FAA Modernization and Reform Act of 2012
 

U.S. Department of Transportation

July 20, 2015

Page 2

For your convenience, this Petition is organized as follows:

TABLE OF CONTENTS

PAGE

I. BACKGROUND & DESCRIPTION OF PETITIONER................................................................3

II. DESCRIPTION OF PROPOSED OPERATION...........................................................................3

III. RELEVANT STATUTORY AUTHORITY .................................................................................5

IV. UVA'S PROPOSED UAS OPERATIONS MEET THE REQUIREMENTS OF SECTION 

333 OF THE REFORM ACT ...................................................................................................5

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

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

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

Operating Documents ..............................................................................................8

V. REGULATIONS FROM WHICH EXEMPTION IS SOUGHT......................................................8

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

Requirements ...........................................................................................................9

B. 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2); 91.417(a) and (b): 

Maintenance Inspections........................................................................................10

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.............................................................................................................11

D. 91.7(a): Civil Aircraft Airworthiness....................................................................12

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

(b): Carrying Civil Aircraft Certification and Registration ...................................12

F. 91.103: Preflight Action........................................................................................13

G. 91.109(a): Flight Instruction .................................................................................13

H. 91.119(c): Minimum Safe Altitudes Over Other Than Congested Areas..............14

I. 91.121: Altimeter Settings....................................................................................14

J. 91.151(a): Fuel Requirements for Flight in VFR Conditions................................15

VI. DRUG AND ALCOHOL PROGRAM ......................................................................................16

VII. PUBLIC INTEREST..............................................................................................................16

VIII. PRIVACY ............................................................................................................................16

IX. FEDERAL REGISTER SUMMARY........................................................................................16

X. CONCLUSION .....................................................................................................................17
 

U.S. Department of Transportation

July 20, 2015

Page 3

I. BACKGROUND & DESCRIPTION OF PETITIONER

Founded by Thomas Jefferson in 1819, the University of Virginia is a preeminent public 

research university comprised of eleven colleges and schools. Located in Charlottesville, Virginia, 

the university is made up of approximately 20,000 students and offers 51 bachelor’s degrees, 81 

master’s degrees, six educational specialist degrees, two first-professional degrees, and 57 doctoral 

degrees. UVA is perennially ranked amongst the best public universities in the nation, including a #2 

ranking in 2015 by U.S. News & World Report. In 2017, the University will begin a two-year 

celebration of its Bicentennial by respecting its past, honoring its present, and preparing to lead into 

an exciting third century of top-tier higher education.

As UVA continues to define its value proposition for a wide variety of stakeholders, it seeks 

to take advantage of UAS to support its core mission of education and research. From avionic 

development to atmospheric monitoring to institutional advancement and promotion, these systems 

will enable UVA to continue to be on the cutting edge of applied research while effectively telling its 

story to all citizens of the Commonwealth, the nation, and the world.

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

of its Petition for Exemption. 

The contact information for Petitioner is as follows:

David Hudson, PhD

Associate Vice President for Research

Research Compliance

University of Virginia 

Varsity Hall

136 Hospital Drive

Charlottesville, VA 22904

Phone: (434) 924-3606

Email: djh2t@virginia.edu

II. DESCRIPTION OF PROPOSED OPERATION

UVA seeks an exemption pursuant to Section 333 of the Reform Act to use a number of 

different UAS platforms for aerial data collection in support of its general education and research 

operations. By way of example, education and research areas supported by the proposed operations 

include, but are not limited to: aeronautical and avionics research and development, aerial survey 

and remote sensing, aerial photography and videography, environmental and atmospheric 

monitoring, wildlife/forestry management, and geographic mapping. Among other things, UVA will 

also provide student instruction on UAS control systems, engineering, design and construction. In 

addition to supporting education and research activities, UAS will also be used to inspect and 

monitor campus buildings and infrastructure. Aerial data collected by Petitioner's UAS will also be 

used to promote and market UVA as well as support student recreational and sport activities. 
 

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UVA intends to operate a variety of commercially available UAS platforms, as well as

proprietary vehicles designed and constructed by UVA. As set forth below, the vehicles UVA 

intends to use for the proposed operations all meet the requirements of Section 333 of the Reform 

Act due to their weight, speed and operational capabilities.

In addition, UVA has a proven track record of safe UAS operations. The FAA has issued 

UVA multiple Certificate of Waiver or Authorizations (COAs) for research activities located in areas 

under the jurisdiction of Potomac Terminal Radar Approach Control:

 COA No. 2014-ESA-10: Operation of the Hexacopter, UAS at and below 400 feet AGL 

in Class G airspace in the user defined area in Albemarle County, Virginia under the 

jurisdiction of Potomac Terminal Radar Approach Control.

 COA No. 2013-ESA-52: Operation of the Razor UAS in Class G airspace at or below 400 

AGL in the user defined area depicted in Attachment 1 under the jurisdiction of Potomac 

Terminal Radar Approach Control.

UVA is committed to maintaining the highest standards of flight safety, and will leverage its 

knowledge and experience gained operating UAS under its public COAs to ensure that the proposed 

operations are conducted safely. All UAS operations will be performed in accordance with the 

accompanying UVA operating documents, and in accordance with the requirements of an applicable 

COA. Among other things, and as detailed in the operating documents, all UAS operations will 

occur in uncontrolled airspace, within visual line-of-sight (VLOS) of the pilot and visual observer, 

and will be limited to daytime VFR conditions. Moreover, UVA's operating documents incorporate 

redundant safeguards to enhance safety.

The proposed operations in this Petition for Exemption are not new or novel to the FAA. 

The FAA has previously issued grants of exemption to use small UAS for aerial data collection in 

support of similar educational and research activities, including:

 Exemption No. 11552 to Sinclair Community College to conduct educational research and 

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

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

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

No. FAA-2014-1014); and

 Exemption No. 11265 to the City of Roswell Coalition to perform research, development and 

validation of a formal UAS training curriculum (Docket No. FAA-2014-0732).

The low-risk UAS operations proposed by UVA in this Petition for Exemption fall squarely 

within the category of aerial data collection that has been subject to previous approval. 
 

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July 20, 2015

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III. RELEVANT STATUTORY AUTHORITY

This Petition for Exemption is submitted pursuant to Section 333(a) through (c) of the 

Reform Act. Congress has directed the FAA "to safely accelerate the integration of civil unmanned 

aircraft systems into the national airspace system." Pursuant to Section 333 of the Reform Act, the 

FAA Administrator is to permit unmanned aircraft systems to operate in the NAS where it is safe to 

do so based on the following considerations:

 The UAS's size, weight, speed and operational capability;

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

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

Additionally, the FAA Administrator has general authority to grant exemptions from the 

agency's safety regulations and minimum standards when the Administrator decides a requested 

exemption is in the public interest. See 49 U.S.C. § 106(f) (defining the authority of the 

Administrator); 49 U.S.C. § 44701(f) (permitting exemptions from §§ 44701(a), (b) and §§ 44702 –

44716, et seq.). A party requesting an exemption must explain the reasons why the exemption: (1) 

would benefit the public as a whole, and (2) would not adversely affect safety (or how it would 

provide a level of safety at least equal to the existing rules). See 14 C.F.R. § 11.81 (petitions for 

exemption).

IV. UVA'S PROPOSED UAS OPERATIONS MEET THE REQUIREMENTS OF SECTION 333 OF 

THE REFORM ACT

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

the summary grant process pursuant to Section 333 of the Reform Act, as each of the statutory 

criteria and relevant factors is satisfied and the FAA has previously issued grants of exemption in 

circumstances similar in all material respects to those presented in this Petition for Exemption. 

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

Operational Capability

The vehicles UVA intends to use for the proposed operations all meet the requirements of 

Section 333 of the Reform Act due to their weight, speed and operational capabilities. UVA intends 

to operate the following proprietary vehicles:

 UVA Flying-Wing Razor UAS. The Razor is a light battery powered flying-wing UAS

composed of a ULTEM resin similar to ABS plastic. It has a wingspan of 48 inches and has 

a maximum gross takeoff weight of 7.3 lbs. The vehicle has a single 70 mm electric ducted 

fan motor and operates at a cruise speed of 40 mph. The maximum flight time for the Razor 

is approximately 45 minutes and it operates on a control frequency of 2.4 GHz. The Razor 

incorporates the ArduPilotMega 2.5 (APM) autopilot which has an automatic return to home

feature where the UAS will self-detect an in-flight failure/discrepancy and automatically 

abort the mission and return. The autopilot will go into short failsafe when it detects loss of 

signal for more than 1.5 seconds and will automatically begin orbiting in a 100 foot radius. 
 

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If the loss of signal is longer than 20 sec the APM will go into long failsafe and the UAS will 

enter return to launch (RTL) mode. If a loss of command link has occurred the UAS 

operator is made aware in the ground control station (GCS) by a notification in the main 

ground control window that control is lost.

Upon execution of RTL mode, the aircraft will return to launch point and circle there at an 

altitude of 200 feet and an orbit radius of 100 feet until manual control is regained. The lost 

comm waypoint is typically built as an orbit waypoint over the GCS so that the UAS has the 

best chance of regaining communication with the GCS. The UAS will continue to track the 

lost comm waypoint even if communication is restored. Once communication is restored, the 

operator is able to reassign the waypoint for the UAS to track. If communication is not 

restored within 10 minutes, the UAS will execute a landing sequence consisting of an orbital 

descent and a predefined auto landing. A LAND waypoint will be added to the end of the 

mission indicating the latitude, longitude and altitude of the desired touchdown point. During 

landing, the APM will shut down the throttle and hold the current heading as soon as the 

aircraft is within 2 seconds of the touchdown point horizontally, or as soon as it is lower than 

3 meters above the touchdown point, whichever occurs first.

 UVA Flying-Wing VTOL UAS. The Flying-Wing VTOL is a small battery powered fixedwing UAS which has a wingspan of 60-66 inches. The vehicle's frame is composed a

ULTEM resin similar to ABS plastic. The vehicle has a maximum gross takeoff weight of 

12 lbs and has a maximum operating speed of 80 mph. It has 1 70mm electric ducted fan 

and two 150mm lift fans, which enable vertical takeoff and landing. The vehicle has a 

maximum flight time of 15 minutes and operates on a control frequency of 2.4 GHz. Like 

the Razor, the VTOL is also equipped with autopilot software (ArduCopter 2.9), which will 

allow the aircraft to safely return to its launch location in the event of an in-flight 

failure/discrepancy.

 UVA 500 mm Hexacopter. The 500 mm Hexacopter is a battery powered multi-rotor UAS 

with six motors configured in a hexagon shape. The lightweight frame measures 500 mm in 

diameter and is composed of molded plastic material. The vehicle has autonomous mission 

capabilities and can be equipped with a variety of sensors designed to measure specific 

atmospheric variables over land and water. The UAS has a maximum gross takeoff weight 

of 2.6 kg and a maximum operating speed of 15 m/s (~34 mph). The vehicle's 4S 5000 mAh 

lithium-ion polymer battery provides 20 minutes of flight time. Like the Flying-Wing 

VTOL UAS, the 500 mm Hexacopter operates on a control frequency of 2.4 GHz and is 

equipped with ArduCopter firmware which will allow the aircraft to safely return to its 

launch location in the event of an in-flight failure/discrepancy.

 UVA 800 mm Hexacopter. The 800 mm Hexacopter is a battery powered multi-rotor UAS 

with six motors configured in a hexagon shape. The lightweight frame measures 800 mm in 

diameter and is composed of molded plastic material. Similar to the 500 mm Hexacopter, 

the vehicle has autonomous mission capabilities and can be equipped with a variety of 

sensors designed to measure specific atmospheric variables over land and water. The UAS 

has a maximum gross takeoff weight of 3.0 kg and a maximum operating speed of 15 m/s 
 

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(~34 mph). The vehicle's 6S 5000 mAh lithium-ion polymer battery provides 20 minutes of 

flight time. Like 500 mm Hexacopter, the 800 mm version operates on a control frequency 

of 2.4 GHz and is equipped with ArduCopter firmware which will allow the aircraft to safely 

return to its launch location in the event of an in-flight failure/discrepancy.

 3D Robotics Quad-D. The 3DR Quad-D is a small battery powered multi-rotor UAS 

configured in a quad formation similar to the 3D Robotics Iris series. The vehicle weighs 

significantly less than 55 lbs, including payload and operates at a speed of less than 87 knots. 

Similar to the UVA 800 and 500 mm Hexacopters, the Quad-D operates on a control 

frequency of 2.4 GHz and is equipped with ArduCopter firmware which will allow the 

aircraft to safely return to its launch location in the event of an in-flight failure/discrepancy. 

UVA intends to operate the following commercial off-the-shelf vehicles for the proposed 

operations:

 Quanum Nova/Cheerson CX-20 Quadcopter. This is a battery-powered aircraft with 4 

electric motors configured in a quadcopter shape. The quadcopter has a molded plastic 

frame that measures 300 mm in diameter and it has a maximum takeoff weight of 875 g. 

The vehicle has a maximum operating speed of 10 m/s (~23 mph). It is powered by a single 

4S 5000 mAh lithium-ion polymer battery that provides a maximum flight time of 

approximately 15 minutes. The vehicle operates on a control frequency of 2.4 GHz.

 DJI Inspire Series, DJI Phantom Series, DJI Spreading Wing Series. The FAA has 

previously issued grants of exemption authorizing use of the DJI Inspire series, DJI Phantom 

series, and DJI Spreading Wing series UAS to perform aerial data collection. See e.g., 

Exemption No. 11804 issued to Orbic Air, LLC (Docket No. FAA-2015-0413).

 3D Robotics Iris+. The FAA has previously issued grants of exemption authorizing use of 

this vehicle for aerial data collection. See e.g., Exemption No. 1141 to Douglas R. Dorrer 

(Docket No. FAA-2015-0185); see also Exemption No. 11273 to AIG PC Global Services, 

Inc. (Docket No. FAA-2014-0913).

 3D Robotics X8. The FAA has previously issued grants of exemption authorizing use of this 

vehicle for aerial data collection. See e.g., Exemption No. 11446 to Trumbull Unmanned, 

LLC (Docket No. FAA-2015-0890); see also Exemption No. 11433 to Cape Productions, 

Inc. (Docket No. FAA-2015-0223).

The FAA has found the following shared characteristics of the UVA Flying-Wing Razor, UVA 

Flying-Wing VTOL, UVA 500 mm Hexacopter, UVA 800 mm Hexacopter, Quanum 

Nova/Cheerson CX-20 Quadcopter, DJI Inspire series, DJI Phantom series, DJI Spreading Wing

series, 3D Robotics Quad-D, and the 3D Robotics X8 to warrant approval for a grant of exemption:

 They all weigh less than 55 pounds including payload;
 

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

contingencies or failures and use an auto-pilot system to maintain UAS stability and control. 

The UAS is also able to respond to a loss of GPS or a lost-link event with a pre-coordinated, 

predictable, automated flight maneuver. These safety features provide an equivalent level of 

safety compared to a manned aircraft performing a similar operation and mitigate the risk of 

command and control link failures; 

 The radio frequencies used for operations and control of the UAS comply with the Federal 

Communications Commission (FCC) and other appropriate government oversight agency 

requirements; and

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

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

Operating Documents 

The University UAS Operations Manual and the manufacturer's 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 of UVA's proposed UAS operations, UVA has tailored its 

operating documents to comply with the conditions and limitations imposed on similarly situated 

petitioners seeking to use small UAS for aerial data collection. See e.g., Grant of Exemption No. 

11552 issued to Sinclair Community College, Docket No. FAA-2015-0374. In particular, the 

operating documents contain systems and procedures to permit UVA to comply with the conditions 

and limitations in the FAA's Grant of Exemption. Id. 

V. REGULATIONS FROM WHICH EXEMPTION IS SOUGHT

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This 

statutory authority, by its terms, includes exempting civil aircraft, as the term is defined under 

§ 40101 of the Act, including UAS, from its safety regulations and minimum standards when the 

Administrator decides a requested exemption is in the public interest.1

UVA seeks an exemption from several interrelated provisions of 14 C.F.R. Parts 45, 61 and 

91 for purposes of conducting the requested operations using small UAS, including:

FAR Description

91.9(c); 45.23(b) and 

45.27(a)

Aircraft Marking and Identification Requirements

91.405(a); 91.407(a)(1); Maintenance and Inspection Requirements

 

1

See 49 U.S.C. § 44701(f) (authorizing the grant of exemptions from requirements of regulations 

prescribed pursuant to Sections 44701(a) and (b) and Sections 44702 - 44716).
 

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91.409(a)(1) and (2); 

91.417(a) and (b) 

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

91.7(a) Civil Aircraft Airworthiness

91.9(b)(2); 91.203(a) and 

(b)

Carrying Aircraft Flight Manual, Certification and Registration in 

the Aircraft 

91.103 Preflight Action

91.109(a) Flight Instruction

91.119(c) Minimum Safe Altitudes Over Other than Congested Areas

91.121 Altimeter Settings

91.151(a) Fuel Requirements for Flight in VFR Conditions 

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

operating procedures and safeguards that Petitioner has established which will ensure a level of 

safety better than or equal to the rules from which exemption is sought.2

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

Requirements

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

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

● 14 C.F.R. § 91.9(c), Civil Aircraft Flight Manual, Marking and Placard Requirements, 

provides that:

No person may operate a U.S.-registered civil aircraft unless that aircraft is identified 

in accordance with Part 45 of this chapter.

● 14 C.F.R. § 45.23(b), Markings of the Aircraft, states:

 

2

See 14 C.F.R. § 11.81(e), which requires a petition for exemption to include:

The reasons why granting the exemption would not adversely affect safety, or how 

the exemption would provide a level of safety at least equal to that provided by the 

rule from which you seek exemption.
 

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When marks include only the Roman capital letter "N" and the registration number is 

displayed on limited, restricted or light-sport category aircraft or experimental or 

provisionally certificated aircraft, the operator must also display on that aircraft near 

each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches 

nor more than 6 inches high, the words "limited," "restricted," "light-sport, 

"experimental," or "provisional," as applicable.

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

Each operator of a rotorcraft must display on that rotorcraft horizontally on both 

surfaces of the cabin, fuselage, boom, or tail the marks required by § 45.23.

In prior grants of exemption under Section 333 of the Reform Act, the FAA determined that 

exemption from these requirements was warranted provided that the aircraft "have identification (NNumber) markings in accordance with 14 C.F.R Part 45, Subpart C if the markings are as large as 

practicable."3 All UAS flown by UVA will bear N-number markings that are as large as practicable 

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

B. 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2); 91.417(a) and (b): Maintenance 

Inspections

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

C.F.R. § 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2); 91.417(a) and (b). These regulations specify 

maintenance and inspection standards in reference to 14 C.F.R. Part 43.5 An exemption from these 

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

certificate, which the UAS to be operated under this grant of exemption will not have.

An equivalent level of safety will be achieved because maintenance and inspections will be 

performed in accordance with the operating documents and any required manufacturer Safety or 

Service Bulletins. Further, as required by the operating documents, the PIC will conduct a pre-flight 

inspection of the UAS and all associated equipment to account for all discrepancies and/or 

inoperable components. Maintenance will be performed and verified to address any conditions 

potentially affecting safe operation of the UAS and no flights will occur unless, and until, all flight 

critical components of the UAS have been found to be airworthy and in a condition safe for 

operation. A functional test flight will be conducted following the replacement of any flight-critical 

components. As required by the operating documents, the PIC who conducts the functional test 

flight will make an entry in the UAS aircraft records of the flight. 

 

3

FAA Docket No. FAA-2014-0352.

4

See, e.g., FAA Docket No. FAA-2014-0352, at 14. 

5

See, e.g., 14 C.F.R. § 91.405(a) (stating that each owner or operator of an aircraft "[s]hall have the 

aircraft inspected as prescribed in subpart E of this part and shall between required inspections 

...have discrepancies repaired as prescribed in part 43 of this chapter.").
 

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The operating documents also include requirements to follow the UAS manufacturer’s

maintenance, overhaul, replacement, inspection, and life limit requirements for the aircraft and 

aircraft components. Moreover, the operating documents also include procedures to document and 

maintain a record of the UAS maintenance, preventative maintenance, alterations, status of 

replacement/overhaul component parts, and the total time in service of Petitioner's UAS. As a 

whole, the maintenance and inspection procedures required by Petitioner's operating documents 

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

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

UVA seeks exemption from these sections, which restrict private, recreational or sport pilot 

certificate holders from flying aircraft for compensation or hire, and would also require a second 

class medical certificate. The purpose of Part 61 is to ensure that the skill and competency of any 

PIC matches the airspace in which the PIC will be operating, as well as requiring certifications if the 

private pilot is carrying passengers or cargo for hire. In this case, while the UAS will be operated as 

part of a commercial operation, it carries neither passengers nor cargo. 

In the Grant of Exemption No. 11062 to Astraeus Aerial6, the FAA determined that the 

unique characteristics of UAS operation outside of controlled airspace did not warrant the additional

cost and restrictions attendant with requiring the PIC to have a Commercial Pilot Certificate and 

Class II Medical Certificate. The fulfillment of the additional requirements for a private pilot to 

become qualified as a commercial pilot would not lead to any additional safety benefits when UAS 

operations are involved. 

More recently, the FAA determined that holders of recreational and sport pilot certificates 

would also have adequate aeronautical knowledge to pilot a UAS. Accordingly, because these 

individuals would also be subject to security screening by the Department of Homeland Security 

(DHS), the FAA determined that holders of recreational and sport pilot certificates would be 

qualified to serve as the PIC for UAS operations.7 

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

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

Section 333 of the FAA Reform Act. UVA will operate away from persons and property that is not 

the subject matter of the flight. UVA will also require all PICs to be thoroughly trained in the 

unique aspects of UAS flight. As set forth in the operating documents, pilots will have experience 

not only in UAS operations generally but have logged flight time in the specific make and model 

used for the operations before they are permitted to participate in commercial flights on behalf of 

UVA. The pilot qualification, training, and currency requirements in the operating documents 

ensure that UVA's pilots are competent and proficient in the UAS they are operating. The 

 

6

FAA Docket No. FAA-2014-0352.

7

See Grant of Exemption No. 11213 to Aeryon Labs, Inc. (Docket No. FAA-2014-0642 at pgs. 

8-9).
 

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Page 12

Petitioner's training and qualification requirements are consistent with those contained in prior FAAissued grants of exemption, and will provide a higher level of competency and proficiency for its 

pilots and will ensure at least an equivalent level of safety.

D. 91.7(a): Civil Aircraft Airworthiness

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

exemption from 14 C.F.R. § 91.7(a), which requires that a civil aircraft be in an airworthy condition 

to be operated. While the petitioner’s UAS will not have an airworthiness certificate, the FAA has 

determined that for the purposes of this exemption the pilot may determine the aircraft is in an 

airworthy condition prior to flight. The operating documents contain procedures which allow the 

PIC to determine whether the aircraft is in a condition safe for flight, and an exemption from § 

91.7(a) is therefore warranted. 

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

(b): Carrying Civil Aircraft Certification and Registration

Title 14 C.F.R. § 91.9(b)(2) and § 91.203(a) and (b) require the operator to carry

airworthiness documents and other aircraft manuals onboard the aircraft.

Pursuant to 14 C.F.R. § 91.9(b)(2):

(b) No person may operate a U.S.-registered civil aircraft –

...

(2) For which an Airplane or Rotorcraft Flight Manual is required by § 21.5 of this 

chapter, unless there is available in the aircraft a current approved Airplane or 

Rotorcraft Flight Manual, approved manual material, markings, and placards, or any 

combination thereof.

Pursuant to 14 C.F.R. § 91.203(a) and (b):

(a) Except as provided in § 91.715, no person may operate a civil aircraft unless it 

has within it the following:

(1) An appropriate and current airworthiness certificate...

(b) No person may operate a civil aircraft unless the airworthiness certificate required

by paragraph (a) of this section or a special flight authorization issued under § 91.715 

is displayed at the cabin or cockpit entrance so that it is legible to passengers or crew.

Given the small size and configuration of the UAS, it would be impossible to keep 

airworthiness documents and other aircraft manuals on board the UAS because there is simply no 

room and the UAS has no cabin or cockpit. 

In an FAA Office of Chief Counsel's Opinion dated August 8, 2014, and prepared by Dean E. 

Griffith, Attorney, AGC-220, it was acknowledged that the intent of 14 C.F.R. 91.9(b) and 91.203(a) 

and (b) is met if the pilot of the unmanned aircraft has access to the UAS flight manual, registration 
 

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Page 13

certificate, and other required documents from the ground control station from which he or she is 

operating the aircraft.8 As this FAA Office of Chief Counsel Opinion clarifies, the intent of the rule 

is to ensure the pilot has access to these key documents during flight. Therefore, an equivalent level 

of safety will be achieved by ensuring that the pilot has access to the documents at the ground 

control station from which he or she is piloting the UAS.9 

F. 91.103: Preflight Action

Petitioner seeks an exemption from 14 C.F.R. § 91.103, which requires a PIC to become 

familiar with specific information before each flight, including information contained in the FAAapproved Flight Manual on board the aircraft. While the PIC will be familiar with all information 

necessary to safely conduct the flight, an exemption is requested to the extent that an FAA-approved 

Flight Manual is required.

Adherence to the requirements in the operating documents will ensure that the UAS is in an 

airworthy condition prior to flight. The PIC will perform a series of checklists designed to identify 

any defects or inoperable components, which cover pre-flight, take-off, landing and post-flight 

procedures. The PIC will also be required to review weather, flight requirements, battery charge, 

landing and takeoff distance, UA performance data, and contingency landing areas—before initiation 

of flight. Petitioner's operating documents will be kept at the ground control station and will be 

accessible to the PIC at all times while operating the UAS.

G. 91.109(a): Flight Instruction

Petitioner seeks an exemption from 14 C.F.R. § 91.109(a), which provides in pertinent part 

that "[n]o person may operate a civil aircraft (except a manned free balloon) that is being used for 

flight instruction unless that aircraft has fully functioning dual controls." UAS and remotely piloted 

aircraft, by their design, do not have functional dual controls. Instead, flight control is accomplished 

through the use of a device that communicates with the aircraft via radio communications. 

Accordingly, an exemption will be required for the flight instruction requirements of 14 C.F.R. § 

91.109(a). 

 

8 Memorandum from Mark Bury, FAA Assistant Chief Counsel for International Law, Legislation 

and Regulation, to John Duncan, FAA Flight Standards Service (Aug. 8, 2014); see also Docket No. 

FAA-2014-0352 at 16-18. 

9

See also Exemption No. 11213 to Aeryon Labs, Inc. at pg. 11:

The petitioner requested relief from 14 CFR § 91.9(b)(2): Civil aircraft flight 

manual, marking, and placard requirements and § 91.203(a) and (b): Civil aircraft: 

Certifications required. The FAA has previously determined that relief from these 

sections is not necessary. See Exemption No. 11062. Relevant materials may be kept 

in a location accessible to the PIC in compliance with the regulations.
 

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Page 14

Given the size and speed of the UAS that Petitioner intends to use, an equivalent level of safe 

training can still be achieved without dual controls because no pilot or passengers are aboard the 

UAS, and as required by the operating documents, all persons will be a safe distance away in the 

event that the UAS experiences any difficulties during flight instruction. Moreover, all flight 

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

provided for in the operating documents ensure that UAS flight instruction can be performed safely.

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

UVA 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 need to occur 

below 400 feet AGL. Additionally, due to the nature of the proposed operations, the PIC and/or 

Observers may need to be less than 500 feet away from the UAS. Compared to flight operations 

with rotorcraft weighing far more than the maximum weights proposed herein, and given the lack of 

flammable fuel with the UAS, any risk associated with these operations is far less than those that 

presently exist with conventional aircraft. 

An equivalent level of safety will be achieved given the size, weight, and speed of the UAS, 

as well the controlled location where the operations will occur. In order to avoid any risk to manned 

aircraft, flight operations will be restricted to below 400 feet AGL. As set forth in the operating 

documents, the UAS will be operated in a controlled environment, and all flights will occur at a 

lateral distance of at least 500 feet from nonparticipating persons, unless that person is in a position 

where he or she is shielded from the UAS and any possible debris resulting from UAS failure. 

Procedures will be in place to ensure flight operations can be safely terminated if a nonparticipating 

person within 500 feet of the UAS leaves a shielded position. Further, UAS operations will occur at 

least 500 feet away from vehicles or structures unless the property owner/controller has granted 

permission and the PIC has made a safety assessment of the risk of operating closer to those objects,

and operations near the PIC or Observer will not present an undue hazard per § 91.119(a). 

Adherence to these restrictions in UVA's operating documents will ensure the proposed operations 

can be conducted without compromising safety to persons or property on the ground. 

I. 91.121: Altimeter Settings

To the extent necessary for UVA to conduct the proposed operations, Petitioner requests an 

exemption from 14 C.F.R. § 91.121, which requires a person operating an aircraft to maintain 

 

10 Relief from § 91.119(a) will not be necessary because Petitioner will be able to perform an 

emergency landing without undue hazard to persons or property on the ground in the event of a 

failure. Petitioner's proposed UAS operations will not occur over congested areas, and therefore an 

exemption from § 91.119(b) will not be necessary. See e.g., Grant of Exemption No. 11157 to 

Slugwear, Inc., dba Likeonatree Aerial at pg. 15 (Docket No. FAA-2014-0534 ). 
 

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Page 15

cruising altitude or flight level by reference to an altimeter that is set to the elevation of the departure 

airport or barometric pressure.

The FAA has stated that an equivalent level of safety to the requirements of 14 C.F.R. § 

91.121 can be achieved in circumstances where: (1) the UAS will be operated 400 feet AGL or 

below, (2) within VLOS, (3) where GPS based altitude information is relayed in real time to the 

operator at a ground-based on-screen display and, (4) where prior to each flight, a zero altitude 

initiation point is established for the PIC to confirm accuracy of the onboard GPS.11

The 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 prior to each flight operation. As the FAA has determined in circumstances 

similar to this Petition for Exemption, Petitioner's UAS and the safety mitigation procedures 

contained in the operating documents, ensure that an equivalent level of safety will be achieved, and 

a grant of exemption to the requirements of § 191.121 is therefore appropriate.

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

UVA requests an exemption from 14 C.F.R. § 91.151(a)'s fuel requirementsfor flight in VFR 

conditions. Section 91.151 states:

(a) No person may begin a flight in an airplane under VFR conditions unless 

(considering wind and forecast weather conditions) there is enough fuel to fly to the 

first point of intended landing and, assuming normal cruising speed –

(1) During the day, to fly after that for at least 30 minutes; or

(2) At night, to fly after that for at least 45 minutes.

Here, the technological limitations on UAS battery power means that no meaningful flight 

operations can be conducted while still maintaining a 30-minute battery reserve. An exemption from 

the fuel requirements of 14 C.F.R. § 91.151(a) is therefore required. 

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

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

12

 

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

the PIC from beginning a UAS flight unless (considering wind and forecast weather conditions) 

there was enough available power for UAS to operate for the intended operational time and to 

operate after that for at least five minutes or with the reserve power recommended by the 

manufacturer if greater, would ensure an equivalent level of safety to the fuel requirements of § 

 

11 See Grant of Exemption No. 11062 to Astraeus Aerial (FAA-2014-0352 at 21). 

12 See e.g., Exemption Nos. 8811, 10808, and 10673.

13 Docket No. FAA-2014-0642.
 

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91.151(a).

14

 Petitioner's operating documents impose this same requirement and an exemption from 

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

VI. DRUG AND ALCOHOL PROGRAM

UVA will have policies in place to ensure that no person may participate in UAS flight 

operations if they are under the influence of alcohol or any drug. 

VII. PUBLIC INTEREST

The public interest will be served by granting UVA's Petition for Exemption. Congress has 

established a national policy that favors early integration of UAS into the NAS in controlled, safe 

working environments such as those proposed in this Petition. Granting this Petition for Exemption 

helps fulfill Congress' goal in passing Section 333(a) through (c) of the Reform Act—the FAA 

Administrator's assessment of whether certain UAS may operate safely in the NAS before 

completion of the statutorily required rulemaking. 

The proposed UAS operations in this Petition for Exemption significantly improve safety and 

reduce risk by alleviating the public's exposure to danger associated with traditional aerial data 

collection methods, namely, full size fixed-wing aircraft and rotorcraft. The UAS that UVA intends 

to use all weigh less than 55 pounds, are battery powered, and create no emissions. Moreover, in the 

unlikely event that one of Petitioner's UAS crash, there is no fuel to ignite and explode. Any accident 

involving Petitioner's small lightweight UAS will present significantly less danger to the pilot and 

other individuals on the ground than one involving a full size helicopter. 

Beyond increased levels of safety, the public stands to benefit enormously from the education

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

Whether it is studying air quality issues or aeronautical research and development, the public as a 

whole will benefit from the information gathered and studied as part of the education and research 

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

VIII. PRIVACY

The proposed operations will be conducted in accordance with applicable federal, state, or 

local laws regarding privacy. UVA will not conduct flight operations over property that it does not 

own or control without the prior consent and knowledge of the property owner. 

IX. FEDERAL REGISTER SUMMARY

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the

FEDERAL REGISTER, should it be determined that publication is needed:

Petitioner seeks an exemption from the following rules in Title 14 of the Code of Federal 

Regulations:

 

14 Exemption No. 11213 at pg. 12.
 

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Page 17

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); 

91.407(a)(1); 91.409(a)(1) & (2); 91.417 (a) & (b). 

The exemption will enhance safety by reducing risk to the general public and property 

owners from the substantial hazards associated with using conventional fixed-wing aircraft or, 

rotorcraft for aerial data collection in support of university education and research programs.

X. CONCLUSION

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

Section 333 of the Reform Act and the FAA has issued grants of exemption in circumstances similar 

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

foregoing, UVA respectfully submits that this Petition for Exemption qualifies for expedited 

approval via the FAA's summary grant process.

We thank you for your prompt consideration of our requested exemptions. Should you have 

any questions, or if you need additional information to support the requested exemptions, please do 

not hesitate to contact us. 

Very truly yours,

Mark E. McKinnon

Matthew J. Clark

Counsel for the University of Virginia 

Attachment
 

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Page 18

(The following attached item will be submitted under separate cover as it contains proprietary and 

commercial information exempt from disclosure under the Freedom of Information Act, 5 U.S.C. § 

522 et seq., and should be held in a separate file pursuant to 14 C.F.R. § 11.35(b)). 

Attachments: 

The University UAS Operations Manual