Mark E. McKinnon
Matthew J. Clark Mark.McKinnon@dentons.com

D. 703.336.8708 Matthew.Clark@dentons.c om 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 Moderni zation 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 resea rch 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 s eries, DJI Sprea ding 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 exemp tion 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 docu ment under separate cover pursuant to 14 C.F.R. § 11.35(b), as the material contain confidential commercial and pr oprietary 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 2012U.S. Department of Transportation

J uly 20 , 2015 Page 2
For your convenience, this Petition is organized as follows:

T ABLE OF C ONTENTS

P AGE

I. B ACKGROUND & D ESCRIPTION OF P ETITIONER

................................ ................................ 3

II. D ESCRIPTION OF P ROPOSED O PERATION

................................ ................................ ........... 3

III. R ELEVANT S TATUTORY A UTHORITY

................................ ................................ ................. 5

IV. UVA ' S P ROPOSED UAS O PERATIONS M EET THE R EQUIREMENTS OF S ECTION
333 OF THE R EFORM A CT

................................ ................................ ................................ ... 5

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

................................ ................................ ............................. 5

B. Approval is War ranted Based on the Operational Restrictions in UVA's Operating Documents

................................ ................................ .............................. 8

V. R EGULATIONS F ROM W HICH E XEMPTION I S S OUGHT

................................ ...................... 8

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

R equirements

................................ ................................ ................................ ........... 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 S port 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): Carry ing 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 Ot her Than Congested Areas

.............. 14

I. 91.121: Altimeter Settings

................................ ................................ .................... 14

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

................................ 15

VI. D RUG AND A LCOHOL P ROGRAM

................................ ................................ ...................... 16

VII. P UBLIC I NTEREST

................................ ................................ ................................ .............. 16

VIII. P RIVACY

................................ ................................ ................................ ............................ 16

IX. F EDERAL R EGISTER S UMMARY

................................ ................................ ........................ 16

X. C ONCLUSION

................................ ................................ ................................ ..................... 17U.S. Department of Transportation

July 20 , 2015 Page 3

I. B ACKGROUND & D ESCRIPTI ON OF P ETITIONER

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 s tudents 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 cont inues 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 followi ng 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

C harlottesville, VA 22904 Phone: (434) 924

- 3606

Email: djh2t@virginia.edu

II. D ESCRIPTION OF P ROPOSED O PERATION

UVA seeks an exemption pursuant to Section 333 of the Reform Act to use a number of different UAS platfo rms 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 develo pment

, 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 syste ms, 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. A erial data collected by Petitioner's UAS will also be used to promot e and market UVA as well as support student recreational and sport activities.U.S. Department of Transportation

July 20 , 2015 Page 4
UVA intends to operate a variety of commercially available UAS platforms

, as well as proprietary vehicles d esigned and constru cted 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 a irspace 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 tha t the proposed operations are conducted safe l y. 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 ope rating 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 safegua rds to enhance safety.

The proposed operations in this Petition for Exemption are not new or novel to the FAA. The FAA has previous ly issued grants of exemption to use small UAS for aerial data collection in support of similar educational and research a ctivities , 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

.U.S. Department of Transportation

July 20 , 2015 Page 5

III. R ELEVANT S TATUTORY A UTHORITY

This Petition for Exemption is sub mitted 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 p opulated 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 decide s 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 mus t 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 P ROPOSED UAS O PERATIONS M EET THE R EQUIREMENTS OF S ECTION 333 OF

THE R EFORM A CT

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 o f 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

T he vehicles UVA intends to use for the proposed operations all meet the requirements of Section 333 of the Reform Act due to their weight, spe ed and operational capabilities . UVA intends to operate the f

ollowing 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 vehic le has a single 70 mm electric ducted

f an 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 (AP M) 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 m ore than 1.5 seconds and will automatically begin orbiting in a 100 foot radius.U.S. Department of Transportation

July 20 , 2015 Page 6 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. I f 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 a n 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 co mm 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 i s 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 f ixed

wing 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 5 00 mm Hexaco pter 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 4 S 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 cont rol 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 mu lti

- 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,

t he vehicle has autonomous mission capabilities and can be equipp ed with a variety of sensors designed to measure specific atmospheric variables over land and water. The UAS

has a max imum gross takeoff weight of 3.0 kg and a maximum operating speed of 15 m/sU.S. Department of Transportation

July 20 , 2015 Page 7
(~34 mph). The vehicle's 6S 5000 mAh lithium

- ion polymer battery provides 20 m inutes 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 failu re/discrepancy.

 3D Robotics Quad

- D . The 3DR Quad

- D is a small batter y powered multi

- rotor UAS configured in a quad formation similar to the 3D Robotics Iris series. The vehicle weighs significantly less than 55 lbs, incl uding payload and operates at a sp eed 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 configure d 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 oper ating speed of 10 m/s (~23 mph). It is powered by a single

4S 5000 mAh lithiu m

- 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 exem ption 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 R obotics Iris +

. The FAA has pr eviously 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 R obotics 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 Pr oductions, 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 serie s, DJI Phantom s eries, 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 in cluding payload;U.S. Department of Transportation

July 20 , 2015 Page 8

 They all have the capability to operate safely after experien cing 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. The se 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 Fede ral Communications Commission (FCC ) and other appropriate governmen t 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 Docum ents

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 perfo rm 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 condition s 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 limi tations in the FAA's Grant of Exemption. Id.

V. R EGULATIONS F ROM W HICH E XEMPTION I S S OUGHT

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 Req ui rements

91.405(a); 91.407(a)(1); Maintenance and Inspection Req ui rements

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)

.U.S. Department of Transportation

July 20 , 2015 Page 9
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

91.15 1(a) Fuel Req ui rements 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 b etter 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 Req ui rements

UVA seeks an exemption from the aircraft marking and identification req ui rements contained in 14 C.F.R. §§ 9 1.9(c), 45.23(b) and 45.27(a).

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

, 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 fro m which you seek exemption.U.S. Department of Transportation

July 20 , 2015 Page 10
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 certific ated 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 "p rovisional," 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 req ui red by § 45.23.

In prior grants of exemp tion under Section 333 of the Reform Act , the FAA determined that exemption from these req ui rements was warranted provided that the aircraft "have identification (N

Number) markings in accordance with 14 C.F.R Part 45, Subpart C if the markings are as larg e 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 req ui rements 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 exe mption 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 eq ui valent level of safety will be achieved because maintenance and inspections will be performed in accordance with the operating documents and any req ui red manufacturer Safety or Service Bulletins. Further, as req ui red by the operating documents, the PIC will conduct a pre

- flight inspection of th e UAS and all associated eq ui pment 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 un til, 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 req ui red by the operating doc uments, 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 sub part E of this part and shall between required inspections ...have discrepancies repaired as prescribed in part 43 of this chapter

. ").U.S. Department of Transportation

July 20 , 2015 Page 11
The operating documents also include req ui rements to follow the UAS manufacturer’s maintenance, overhaul, replacement, inspection, an d life limit requirements for the air craft 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 c omponent parts, and the total time in service of Petitioner's UAS . As a whole, the maintenance and inspection procedures req ui red by Petitioner's operating documents

ensure that an eq ui valent or higher level of safety will be achieved.

C. 61.23(a) and (c), 6 1.113 , 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 aircra ft for compensation or hire, and would also req ui re 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 req ui ring certificatio ns 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 Aerial 6 , the FAA determined that the unique characteristics of UAS operation outside of controlled airspace did not warrant the addition al

cost and restrictions attendant with req ui ring the PIC to have a Commercial Pilot Certificate and

Class II Medical Certificate. The fulfillment of the additional req ui rements 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 De partment 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 operato rs in more recently granted exemptions under

Sect ion 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 req ui re 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 commercia l flights on behalf of

UVA . The pilot qualification, training, and currency req ui rements 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).U.S. Department of Transportation

July 20 , 2015 Page 12
Petitioner's training and qualification req ui reme nts are consistent with those contained in prior FAA

issued grants of exemption , and will provide a higher level of competency and proficiency for its pilots and will ensure at least an eq ui valent level of safety.

D. 91.7(a): Civil Aircraft Airworthiness

Ina smuch as there will be no airworthiness certificate issued for the UAS, UVA seeks an exemption from 14 C.F.R. § 91.7(a), which req ui res that a civil aircraft be in an airworthy condition to be operated. While the petitioner’s UAS will not have an airworth iness 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 ai rcraft 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) req ui re 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 req ui red 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 airc raft unless the airworthiness certificate req ui red 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, registrationU.S. Department of Transportation

July 20 , 2015 Page 13

certificate, and other req ui red 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. Ther efore, an eq ui valent 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 req ui res a PIC to become familiar with specific information before each flight, including information contained in the FAA

approved 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 req ui red

.

Adherence to the req ui rements 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 req ui red to review weather, flight req ui rements , 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. 91.10 9(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 aircraf t 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 communicat ions. Accordingly, an exemption will be req ui red for the flight instruction req ui rements 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 Ae ryon 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 re lief 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.U.S. Department of Transportation

July 20 , 2015 Page 14
Given the size and speed of the UAS that Petitioner intends to use, an eq ui valent level of safe training can still be achieved without dua l controls because no pilot or passengers are aboard the UAS, and as req ui red 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

train ing 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 req ui rements 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, ves sel, vehicle, or structure

in non

- congested areas. See 14 C.F.R. § 91.119(c).

An exemption is req ui red because the proposed UAS operations will normally need to occur below 400 feet AGL. Additionally, due to the nature of the proposed operations, the P IC and/or

Observers may need to be less th an 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 eq ui valent 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 ord er 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 dis tance of at leas t 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 f light 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 safe ty 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 req ui res a p erson operating an aircraft to maintain

10 Relief from § 91.119(a) will not be necessary because Petitioner will be able to p erform 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 ).U.S. Department of Transportation

July 20 , 2015 Page 15

cr ui sing 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 eq ui valent level of safety to the req ui rements 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. M oreover, the operating documents req ui re 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 procedur es contained in the operating documents, ensure that an eq ui valent level of safety will be achieved, and a grant of exemption to the req ui rements of § 191.121 is therefore appropriate.

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

UVA request s an exemption from 14 C.F.R. § 91.151(a)'s fuel req ui rements for 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 enou gh fuel to fly to the first point of intended landing and, assuming normal cr ui sing 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 req ui rements of 14 C.F.R. § 91.151(a) is therefore req ui red

.

The FAA has previously granted re lief 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 prohibitin g the PIC from beginning a UAS flight unless (considering wind and forec ast 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 po wer 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 Doc ket No. FAA

- 2014

- 0642.U.S. Department of Transportation

July 20 , 2015 Page 16
91.151(a)

. 14 Petitioner's operating documents impose this same requirement and an exemption from § 91.151(a)'s fuel req ui rements for fl ight in VFR conditions is therefore appropriate

.

VI. D RUG AND A LCOHOL P ROGRAM

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. P UBLIC I NTEREST

The pub lic 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 req ui red rulemakin g.

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 an d 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 P etitioner'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, t he public stands to benefit enormously from the educa tion and research programs supported by the proposed operations in this Petition for Exemption

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

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

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

VIII. P RIVACY

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. F EDERAL R EGISTER S UMMARY

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

F EDERAL R EGISTER , 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.U.S. Department of Transportation

July 20 , 2015 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); 91.10 3; 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 propert y 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. C ONCLUSION

The proposed operations in this Petition for Exempt ion 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 resp ectfully 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 infor mation 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

AttachmentU.S. Department of Transportation

July 20 , 2015 Page 18

(T he following attached item will be submitted under separate cover as i t contain s 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 1 4 C.F.R. § 11.35(b)).

Attachment s :

The University UAS Operations Manual