Exemption No. 17067

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC 20591

In the matter of the petition of

FLORIDA STATE UNIVERSITY

for an exemption from part 21 Subpart H, and 

§§, 45.23(b), 61.3(d)(2)(iii), 61.113(a) and 

(b), 91.7(a) and (b), 91.9(b)(2), 91.103, 

91.109, 91.119(b) and (c), 91.121, 

91.151(a)(1), 91.203(a) and (b), 91.405(a)

and (b), 91.407(a)(1), 91.409(a)(1) and (2), 

and 91.417(a) and (b) of Title 14 Code of 

Federal Regulations

Regulatory Docket No. FAA−2015−0621

GRANT OF EXEMPTION

By letter dated March 10, 2015, Ausley McMullen, on behalf of Florida State University

(hereinafter petitioner or operator), 123 South Calhoun Street, Tallahassee, Florida 32301, 

petitioned the Federal Aviation Administration (FAA) for an exemption from part 21 Subpart 

H, and §§, 45.23(b), 61.3(d)(2)(iii), 61.113(a) and (b), 91.7(a) and (b), 91.9(b)(2), 91.103, 

91.109, 91.119(b) and (c), 91.121, 91.151(a)(1), 91.203(a) and (b), 91.405(a) and (b), 

91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b) of Title 14 Code of Federal 

Regulations (14 CFR). The petitioner requested to operate several unmanned aircraft systems

(UAS) to conduct flight instruction of UAS.

On April, 1, 2015, the petitioner submitted a letter supplementing its exemption request in 

order to officially request a “blanket” COA. The letter included an attachment of their COA 

requests submitted to the FAA.
2

On November 9, 2015, the petitioner submitted a letter entitled “second supplement” in order 

to request to amend its exemption request. The petitioner provided an update to its scope of 

operations proposing to conduct applied research of UAS. The FAA considers applied 

research to be in alignment with aerial data collection under this exemption.

The petitioner supports its request with the following information:

The petition for exemption describing the proposed operation and the regulations from which

the petitioner seeks exemption is posted to the docket. To view the petition, visit 

http://www.regulations.gov, enter the regulatory docket number found on the first page of this 

document into the search box and click “Search,” then click on the “Open Docket Folder” link

next to a result associated with the docket number.

The petitioner is the research center of the Florida State University Emergency Management 

and Homeland Security Program (EMHS). The petitioner focuses on disaster management 

and technical assistance in support of the EMHS program, government agencies, and nongovernmental agencies. The petitioner has conducted research into utilizing small UAS in 

support of emergency and disaster managers. The FAA has granted a Certificate of Waiver or 

Authorization for research activities in eastern Tallahassee, Florida.

 

The petitioner has provided the following information along with its petition to support its 

request for an exemption:

1) FAA UAS COA 2014 ESA 109

2) 2 pending COA requests

3) Center for Disaster Risk Policy UAS Standard Operating Guide

4) IRIS + Operation Manual

5) IRIS + Flight Checklist

6) 3DR DIY Y6 Build Manual

7) Y6 Checklist

8) LYNX UAS Manual

9) LYNX UAS Checklist

10) PKZ4700 Radian Manual

The petition and the documents above are hereinafter referred to as the operating documents.
3

Discussion of Public Comments:

A summary of the petition was published in the Federal Register on January 21, 2016 (81 FR 

3556). No public comments were received.

The FAA’s analysis is as follows:

The FAA has organized its analysis into five sections: (1) Unmanned Aircraft Systems 

(UAS), (2) the UAS pilot in command (PIC), (3) Training Operations, (4) the UAS operating 

parameters, and (5) the public interest.

Unmanned Aircraft Systems (UAS)

In accordance with the statutory criteria provided in Section 333 of PL 112-95 in reference to 

49 USC 44704, and in consideration of the size, weight, speed, and limited operating area 

associated with the aircraft and their operation, the Secretary of Transportation has 

determined that these aircraft meet the conditions of Section 333 and that an airworthiness 

certificate is not required. Therefore, the FAA finds that the requested relief from 14 CFR part 

21, Certification procedures for products and parts, Subpart H – Airworthiness Certificates,

and any associated noise certification and testing requirements of part 36, is not necessary.

The petitioner proposed to use UAS that have been previously approved by the Secretary of 

Transportation under Section 333 of the FAA Modernization and Reform Act of 2012. UAS 

that have been previously approved by the Secretary, including the aircraft proposed by the 

petitioner, are found on the List of Approved Unmanned Aircraft Systems (UAS) under 

Section 333. The list, which is updated monthly, is posted at www.regulations.gov under docket 

number FAA-2007-3330. The petitioner is also authorized to operate any UAS on that list, 

when weighing less than 55 pounds including payload while this exemption is valid. 

The Section 333 determination made by the Secretary of Transportation and the risk 

mitigations established through the Conditions and Limitations contained in each exemption 

ensure that the authorization of all aircraft on this list will not have an adverse impact on 

safety. 

The petitioner’s requested relief from 14 CFR § 45.23(b), Display of marks: general, is not 

necessary because its UAS will not be certificated under 14 CFR § 21.191. The petitioner’s 
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UA must be identified by serial number, registered in accordance with 14 CFR parts 47 or 48, 

and have identification markings as required by 14 CFR part 45, Subpart C1or part 48.

The petitioner requested relief from the following sections 14 CFR §§ 91.405(a) Maintenance 

required, 91.407(a)(1) Operation after maintenance, preventive maintenance, rebuilding, or 

alteration, 91.409(a)(1) and (2) Inspections, and 91.417(a) and (b) Maintenance records. 

Prior UAS specific relief has been granted in Grant of Exemption No. 11213 to Aeryon Labs, 

Inc. Therefore the FAA finds that exemption from 14 CFR §§ 91.405(a), 91.407(a)(1), 

91.409(a)(1) and (2), and 91.417(a) and (b) is warranted subject to the conditions and 

limitations below.

Additionally, the FAA has added a condition to this exemption stating that, consistent with 

existing law, the operator will need to obtain a Foreign Aircraft Permit pursuant to 14 CFR § 

375.41 if it will be using foreign civil aircraft2in its operations.

UAS Pilot in Command (PIC)

The petitioner stated that all its UAS pilots will possess a private pilot certificate and third

class medical certificate. The petitioner also stated that its pilots will have completed the 

petitioner’s training program for operation of their sUAS in accordance with the operating 

documents prior to instructing. The petitioner further stated that if current Section 333 

exemptions are issued that would allow a lesser pilot certification level, then the petitioner 

requests exemption from the relevant sections of the regulations.

In this exemption the FAA is exempting FSU pilots from the prohibition on receiving 

compensation for providing UAS flight training to non-certificated student pilots. As in 

previously issued exemptions, FSU pilots will be required to hold an FAA pilot certificate. 

We note that during these operations, the PIC is responsible for the safety of flight regardless 

of whether the PIC or the student is manipulating the aircraft controls.

FSU has stated that all of its pilots will hold at least a private pilot certificate with a third class 

airman medical certificate. In Exemption No. 13465 to Kansas State University, the FAA 

found that UAS PICs conducting UAS training operations must hold either an airline 

transport, commercial, private, recreational, or sport pilot certificate along with a current FAA 

airman medical certificate or a valid U.S. driver’s license. Therefore, as in Exemption No. 

 

1Markings must be as large as practicable per § 45.29(f). An exemption from 14 CFR § 45.27 would not be 

necessary because of the allowance in § 45.29(f).

2 Foreign civil aircraft means (a) an aircraft of foreign registry that is not part of the armed forces of a foreign 

nation, or (b) a U.S.-registered aircraft owned, controlled or operated by persons who are not citizens or 

permanent residents of the United States. 14 CFR §375.1.
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13465, FSU instructors that will serve as PICs under operations conducted under this 

exemption may hold any of those pilot certificates.3

14 CFR §1.1 defines a PIC as the person who has final authority and responsibility for the 

operation and safety of the flight, has been designated as pilot in command before or during 

the flight, and holds the appropriate category, class, and type rating, if appropriate for the 

conduct of the flight. Accordingly, based on FSU’s request, the FAA grants relief from §§ 

61.101(e)(4) and (5), and 61.113(a), to allow a PIC holding a private pilot certificate to 

operate a UAS for compensation and hire, subject to the conditions and limitations below.4 

The petitioner also requested relief from § 61.113(b); however relief is not necessary since 

relief is already granted to § 61.113(a). The FAA is also granting relief from § 61.315(a) as 

previously determined in Exemption No. 11213, to permit the holder of a sport pilot 

certificate to act as the PIC of UAS operated under this exemption. 

Additionally, the PIC must hold either a medical certificate issued under 14 CFR part 67 or a 

U.S. issued driver’s license as previously determined in Exemption No. 11213. The PIC must 

also comply with 14 CFR § 61.53, Prohibition on operations during medical deficiency. See

Exemption 11213 (Aeryon Labs) for relief granted from Medical certificates: Requirement 

and duration § 61.23(a) and § 61.23(c).

 

The FAA also considered medical certificate requirements for a visual observer. As in 

Exemption No. 11213, the FAA determined that this is not necessary subject to the conditions 

and limitations below. In particular, the UA must never be operated beyond the actual visual 

capabilities of the VO, and the VO, any student manipulating the controls, and the PIC must 

have the ability to maintain VLOS with the UA at all times. It is the responsibility of the PIC 

to be aware of the VO’s visual limitations and limit operations of the UA to distances within 

the visual capabilities of both the PIC and VO.

The petitioner also requested relief from 14 CFR § 61.3(d)(2)(iii), Requirements for 

certificates, ratings, and authorizations. Given that the training the petitioner intends to 

provide is not for an FAA airman certificate and the log books recording training given are 

not part of an FAA certificate program, the FAA finds that relief from 14 CFR

§ 61.3(d)(2)(iii) is not necessary.

Training Operations:

 

3 Note that, as discussed under Training Operations, below, a FSU instructor will be required to serve as PIC 

during student training flights even when students are manipulating the aircraft’s controls.

4

Similar relief from § 61.315(c)(2) and (3) is not necessary because these limitations on sport pilot certificate 

privileges only apply to light-sport aircraft (LSA). The UAS being operated under this exemption are not LSA.
6

The petitioner proposes to conduct flight operations to provide UAS training or instruction to 

non-certificated persons for compensation or hire. The proposal included training scenarios 

with a trainer holding a private pilot certificate and third class airman medical certificate 

serving as the PIC. The FAA is granting the exemption to permit FSU instructors to receive 

compensation for providing flight instruction to students. 

These operations will be consistent with the FAA’s approach for student pilots of manned 

aircraft. Student pilots may manipulate the controls of an aircraft in most part 91 operations 

unless specifically restricted. Students do not need to obtain a medical certification or pass a 

knowledge test prior to flights where a qualified instructor serves as the PIC. See 14 CFR § 

61.87. When a student, or other non-qualified person, is manipulating the controls of an 

aircraft, the PIC retains responsibility for the safety of the flight. Student flight operations 

under this exemption must always be conducted under the supervision of a PIC and the PIC 

must always have the ability to immediately take direct control of the aircraft.

The instructor is designated the PIC for the entire duration of the operation. Students are not 

required to hold any certification to manipulate the controls of an unmanned aircraft under 

this exemption. However, the PIC must have sufficient override capability to immediately 

take direct control of the aircraft and safely abort the operation if necessary. 

In the case of Kansas State University (Exemption No. 13465A), the FAA considered whether 

to require the instructor/trainer to hold an-FAA issued flight instructor certificate. However, 

the agency previously determined that risk posed by UAS operations under FAA exemptions 

is mitigated in part by demonstration of aeronautical knowledge through a pilot certificate and 

UAS specific training rather than flight hours in a manned aircraft. See Exemption Nos. 

11062 to Astraeus Aerial, 11213 to Aeryon Labs. Moreover, a certificated flight instructor 

would not have a basis for evaluating a student’s proficiency as the FAA has not established 

UAS flight training standards. Accordingly, the FAA has determined that given the similarity 

between FSU’s operation to that of KSU in Exemption No. 13465A, an FSU PIC qualified 

under this exemption has the requisite knowledge to ensure that instructional operations are 

conducted safely.

When conducting training, the PIC is responsible for conducting safe operations and for 

meeting all applicable conditions and limitations as prescribed in this exemption and ATOissued COA, and operating in accordance with the operating documents. All training 

operations must be conducted during dedicated training sessions and trainers may receive 

compensation under this exemption. The petitioner may not conduct operations during 

training sessions for any purpose other than training. In accordance with the conditions and 
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limitations, the training operation must be conducted with a dedicated VO. The visual 

observer’s responsibility is to maintain constant visual contact with the unmanned aircraft to 

be able to advise the PIC if other aircraft or unexpected people or objects have entered the 

operational area. Given the nature of this task, the VO must be dedicated only to visual 

observer responsibilities. Students receiving instruction or observing an operation may not 

serve as visual observers. A student who is focused on learning the UAS operation would not 

be able to focus on VO duties as well because that would increase the risk of the operation. 

Regarding the petitioner’s requested relief from 14 CFR § 91.109 Flight instruction; 

Simulated instrument flight and certain flight tests, the petitioner describes training scenarios 

in which a dual set of controls will be utilized. Similarly to Kansas State University in 

Exemption No. 13465A, the petitioner proposed using dual controls specifically a “buddy 

box” system using two transmitters, with one being operated by the student and the PIC 

having a secondary transmitter with full override capability. The FAA finds that the PIC must 

have sufficient override capability to immediately take direct control of the aircraft and safely 

abort the operation if necessary such as through proposed mitigations above. As in Exemption 

No. 13465A, the capability to safely abort the operation provides that safety will not be 

adversely affected even if the UAS does not have a dual set of controls. Therefore, the FAA is 

granting relief from 14 CFR § 91.109(a) subject to the applicable conditions and limitations 

stated below.

UAS Operating Parameters

The petitioner has requested relief from 14 CFR § 91.7(a) and (b), Civil aircraft 

airworthiness. While the petitioner’s UAS will not require 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 FAA’s regulations state that the PIC of 

a civil aircraft is responsible for determining whether the aircraft is in a condition for safe 

flight. Therefore, relief from § 91.7(a) is granted and relief from § 91.7(b) is not necessary.

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. 11213. Relevant materials may be kept in a location accessible to the PIC 

in compliance with the regulations.

The petitioner has requested relief from 14 CFR § 91.119 (b) and (c), Minimum safe altitudes. 

In previous exemptions, the FAA classified UAS operations as closed-set motion picture and 

television filming operations or aerial data collection. See Exemption No. 11213. Due to the 
8

close proximity to persons, only closed-set filming operations were required to have a Motion 

Picture and Television Operations Manual (MPTOM) in accordance with their exemption. 

Aerial data collection and any operation not classified as closed-set filming were not required 

to have an MPTOM or similar manual because their operations were not conducted within 

close proximity to people unless adequate barriers were provided.

Operations Near People

For the reasons discussed below, the FAA finds that FSU may allow a small unmanned 

aircraft to fly closer than 500 feet to a student who is part of a flight training class. FSU may 

also allow the small unmanned aircraft to fly directly over the student manipulating the flight 

controls of the small UAS and people who are directly participating in the flight operation, 

such as the PIC and the visual observer.

In its petition for exemption, FSU proposed to operate the small unmanned aircraft in a sterile 

environment maintained according to the standard FSU operating procedure and at speeds less 

than 50 knots (57 miles per hour) during training operations. The FAA finds that consistent 

with Exemption No. 13465; operating small unmanned aircraft at speeds not exceeding 87 

knots (100 MPH) does not adversely affect safety. FSU’s proposed operations include the use

of a “buddy box” system. Buddy box systems utilize two transmitters, one as the instructor 

controller and the other as the student controller. The transmitter of the student (trainer 

transmitter or buddy box) will be connected by a trainer cable to another transmitter (master 

transmitter) controlled by the PIC instructor. The PIC instructor will be able to control the 

UAS with his or her transmitter then flip a switch to turn control over to the student and flip 

the switch again to reclaim control at any time. In this way, the PIC instructor will be able to 

easily demonstrate how to fly the UAS or rescue the UAS if the student makes a poor 

aeronautical decision without passing the same transmitter back and forth (which could result 

in delays and crashes). The FAA finds that a buddy box system is one way to ensure that the 

PIC maintains control of the operation. However, there may be other methods or procedures 

that could ultimately achieve an equivalent level of safety in a training environment. 

Therefore, in accordance with the conditions and limitations below,the petitioner must employ 

a method that ensures the PIC maintains sufficient override capability to immediately take 

direct control of the small UAS and safely abort the operation if necessary. Such actions may 

include taking any action necessary to ensure safety of other aircraft as well as persons and 

property on the ground in the event of unsafe maneuversor emergencies, for example landing 

in an empty area away from people and property. 

The FAA finds that the petitioner’s operation is similar in all aspects to that of KSU in 

Exemption No. 13465A. Therefore, the FAA finds a small unmanned aircraft flying closer 
9

than 500 feet or over the student or people who are directly participating in the flight 

operation, such as the PIC and the visual observer, will not adversely affect safety. Finally, 

the FAA finds that FSU operating a small unmanned aircraft closer than 500 feet but not 

directly over a student who is part of the training class, but is not manipulating the flight 

controls of the small UAS, will not adversely affect safety.

With the exception of the people directly participating in the flight operation of a small UAS 

or students who are part of the flight training class, a UA may only be operated within 500 

feet of a person when barriers or structures are present that sufficiently protect that person 

from the UA and/or debris or hazardous materials such as fuel or chemicals in the event of an 

accident. Under these conditions, the operator must ensure that nonparticipating persons 

remain under such protection for the duration of the operation. If a situation arises where 

nonparticipating persons leave such protection and are within 500 feet of the UA, flight 

operations must cease immediately in a manner that does not cause undue hazard to persons. 

Additionally, operations for training, proficiency, or experience building for PICs to qualify to 

operate under this exemption may not be conducted within 500 feet of nonparticipating 

persons to ensure the safety of others.

A small UA may be flown over or near people subject to the conditions and limitations below.

All people associated with the operations must be briefed by the PIC on the potential risk of 

the proposed flight operation(s) and acknowledge and consent to those risks. The FAA 

routinely uses briefings as a means to notify passengers and others of safety information and 

to risks of certain operations. See, e.g., 14 CFR §§ 91.319(d)(1) (advising passengers of 

experimental nature of an aircraft); 136.7 (air tour briefings). The requirement to obtain 

consent provides an additional margin of safety by building upon the briefing requirement to 

ensure that participants have acknowledged that a UA will be operated within 500 feet. The 

consent requirement is consistent with exemptions authorizing UAS closed-set filmmaking. 

See Exemption No. 11062. 

Additionally FSU will be required to maintain an operations manual. In Exemption No. 11062 

(Astraeus Aerial), the FAA granted exemption to the part 91 minimum safe altitude rules 

consistent with the relief typically provided to manned operations in FAA Order 8900.1 V3, 

C8, S1, Issue a Certificate of Waiver for Motion Picture and Television Filming. The order 

allows UA to be operated within 500 feet of participating persons, vehicles, and structures 

directly involved in the performance of the actual filming. That exemption required the 

operator to have an approved Motion Picture and Television Operations Manual (MPTOM). 

Based on existing motion picture filming practice, Exemption No. 11062 established the 
10

requirement that UAS operations must comply with the petitioner’s MPTOM when 

conducting closed-set filming operations. 

Additionally, the FAA recognizes that there are additional risks when operating a UA close to 

people, whether for the purpose of closed-set filming or otherwise. As such the FAA has 

determined that when conducting these types of operations, the operator must have an 

operations manual addressing the items as specified in the conditions and limitations below. 

Regardless of the operation type (closed set film-making or other operation types), the 

operations manual requirement helps ensure that safety will not be adversely affected because 

the operator must document and address operational safety practices relevant to its operation. 

An operations manual must include items such as; the operator’s contact information, 

distribution and revision information, persons authorized, plan of activities, permission to 

operate, security methodology, briefing instructions, essential flight personnel minimum 

requirements, communications information, and accident notification plan. Documented 

operational safety practices and procedures help ensure a safe and repeatable process for 

conducting flight operations. Formal procedures ensure adequate safety guidelines are 

available and adhered to in normal operational environments, but also during emergency 

circumstances. The operations manual is considered part of the operating documents and 

must be accessible to the PIC during operations. This operations manual is based on the 

requirement in previous exemptions for a MPTOM for closed-set filming. 

Operators conducting these operations must also submit a written Plan of Activities to the 

local Flight Standards District Office at least 72 hours prior to initiating operations as 

described in the conditions and limitations below. The written plan of activities includes 

pertinent items provided to Flight Standards District Offices. The written plan of activities is 

necessary for Aviation Safety Inspectors to conduct surveillance of activities and ensure 

compliance with the provisions of the authorization and waiver, associated special provisions, 

operations manual, and the plan of activities in accordance with FSIMS 8900.1 to ensure the 

safety of the NAS.

Operations Near Vessels, Vehicles, and Structures

Operations near vessels, vehicles, and structures are those operations in which a UA is 

operated within 500 feet of such objects. To conduct such operations, the PIC must: (1) have 

permission from a person with legal authority over any vessels, vehicles or structures located 

within 500 feet of the UA’s operating area; and (2) make a safety assessment of the risk of 

operating closer to those objects and determine that no undue hazard would result from the 

operation. 
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The FAA is granting relief from §§ 91.119(c) and 91.151(a) consistent with relief granted in 

Exemption No. 11062 to Astraeus Aerial.

Public Interest

The FAA finds that a grant of exemption is in the public interest. Professional training 

programs for UAS operators will positively affect unmanned aviation activities by providing 

future UAS operators with a safe environment to gain proficiency and experience. This gives 

the FAA good cause to find that the UAS operation enabled by this exemption is in the public 

interest.

The following table summarizes the FAA’s determinations regarding the relief sought by the 

petitioner:

Relief considered (14 CFR) FAA determination (14 CFR)

Part 21 Relief not necessary

45.23(b) Relief not necessary

61.23(a) and (c) Relief granted with conditions and limitations

61.101(e)(4) and (5) Relief granted with conditions and limitations

61.113(a) Relief granted with conditions and limitations

61.133 Relief not necessary

61.3(d)(2)(iii) Relief not necessary

61.315(a) Relief granted with conditions and limitations

91.7(a) Relief granted with conditions and limitations

91.7(b) Relief not necessary

91.9(b)(2) Relief not necessary

91.9(c) Relief not granted

91.103 Relief not granted

91.109(a) Relief granted with conditions and limitations

91.119(a) Relief not granted
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Relief considered (14 CFR) FAA determination (14 CFR)

91.119(b) Relief not granted

91.119(c) Relief granted with conditions and limitations

91.119(d) Relief not necessary

91.121 Relief granted with conditions and limitations

91.151(a)(1) Relief granted with conditions and limitations

91.203(a) and (b) Relief not necessary

91.405(a) Relief granted with conditions and limitations

91.407(a)(1) Relief granted with conditions and limitations

91.409(a)(1) and (2) Relief granted with conditions and limitations

91.417(a) and (b) Relief granted with conditions and limitations

The FAA’s Decision

In consideration of the foregoing, I find that a grant of exemption is in the public 

interest. Therefore, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, 

and 44701, delegated to me by the Administrator, Florida State University is granted an 

exemption from 14 CFR §§ 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a), 61.315(a), 

91.7(a), 91.109(a), 91.119(c), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and 

(2), and 91.417(a) and (b), to the extent necessary to allow the petitioner to conduct UAS 

operations according to the conditions and limitations listed below.

Conditions and Limitations

In this grant of exemption, Florida State University is hereafter referred to as the operator.

Failure to comply with any of the conditions and limitations of this exemption will be grounds 

for the immediate suspension or rescission of this exemption.

1. The operator is authorized by this grant of exemption to use any aircraft identified on 

the List of Approved Unmanned Aircraft Systems (UAS) under Section 333 at 

regulatory docket FAA–2007–3330 at www.regulations.gov, when weighing less than 

55 pounds including payload. Proposed operations of any aircraft not on the list 

currently posted to the above docket will require a new petition or a petition to amend 

this exemption. 
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2. If operations under this exemption involve the use of foreign civil aircraft5the 

operator would need to obtain a Foreign Aircraft Permit pursuant to 14 CFR § 375.41

before conducting any commercial air operations under this authority. Application 

instructions are specified in 14 CFR §375.43. Applications should be submitted by 

electronic mail to the DOT Office of International Aviation, Foreign Air Carrier 

Licensing Division. Additional information can be obtained via 

https://cms.dot.gov/policy/aviation-policy/licensing/foreign-carriers.

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The 

operator may use either groundspeed or calibrated airspeed to determine compliance 

with the 87 knot speed restriction. In no case will the UA be operated at airspeeds 

greater than the maximum UA operating airspeed recommended by the aircraft 

manufacturer.

4. The UA must be operated at an altitude of no more than 400 feet above ground level 

(AGL). Altitude must be reported in feet AGL. This limitation is in addition to any 

altitude restrictions that may be included in the applicable COA.

5. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All 

operations must be conducted in accordance with an ATO-issued COA. The 

exemption holder must apply for a new or amended COA if it intends to conduct 

operations that cannot be conducted under the terms of the attached COA.

6. The PIC must have the capability to maintain visual line of sight (VLOS) at all times. 

This requires the PIC to be able to use human vision unaided by any device other than 

corrective lenses, as specified on that individual’s FAA-issued airman medical 

certificate or valid U.S. driver’s license issued by a state, the District of Columbia, 

Puerto Rico, a territory, a possession, or the Federal Government, to see the UA.

7. All operations must utilize a visual observer (VO). The UA must be operated within 

the visual line of sight (VLOS) of the VO at all times. The VO must use human vision 

unaided by any device other than corrective lenses to see the UA. The VO, the person 

manipulating the flight controls of the small UAS, and the PIC must be able to 

communicate verbally at all times. Electronic messaging or texting is not permitted 

during flight operations. The PIC must be designated before the flight and cannot 

transfer his or her designation for the duration of the flight. The PIC must ensure that 

 

5 Foreign civil aircraft means (a) an aircraft of foreign registry that is not part of the armed forces of a foreign 

nation, or (b) a U.S.-registered aircraft owned, controlled or operated by persons who are not citizens or 

permanent residents of the United States. 14 CFR §375.1.
14

the VO can perform the duties required of the VO. Students receiving instruction or 

observing an operation as part of their instruction may not serve as visual observers.

8. This exemption and all documents needed to operate the UAS and conduct its 

operations in accordance with the conditions and limitations stated in this exemption, 

are hereinafter referred to as the operating documents. The operating documents must 

be accessible during UAS operations and made available to the Administrator upon 

request. If a discrepancy exists between the conditions and limitations in this 

exemption, the applicable ATO-issued COA, and the procedures outlined in the 

operating documents, the most restrictive conditions, limitations, or procedures apply 

and must be followed. The operator may update or revise its operating documents as 

necessary. The operator is responsible for tracking revisions and presenting updated 

and revised documents to the Administrator or any law enforcement official upon 

request. The operator must also present updated and revised documents if it petitions 

for extension or amendment to this exemption. If the operator determines that any 

update or revision would affect the basis upon which the FAA granted this exemption, 

then the operator must petition for an amendment to its exemption. The FAA’s UAS 

Integration Office may be contacted if questions arise regarding updates or revisions 

to the operating documents.

9. Any UAS that has undergone maintenance or alterations that affect the UAS operation 

or flight characteristics, e.g. replacement of a flight critical component, must undergo 

a functional test flight prior to conducting further operations under this exemption. 

Functional test flights may only be conducted by a PIC with a VO and essential flight 

personnel only and must remain at least 500 feet from all other people. The functional 

test flight must be conducted in such a manner so as to not pose an undue hazard to 

persons and property.

10. The operator is responsible for maintaining and inspecting the UAS to ensure that it is 

in a condition for safe operation.

11. Prior to each flight, the PIC must conduct a pre-flight inspection and determine the 

UAS is in a condition for safe flight. The pre-flight inspection must account for all 

potential discrepancies, e.g. inoperable components, items, or equipment. If the 

inspection reveals a condition that affects the safe operation of the UAS, the aircraft is 

prohibited from operating until the necessary maintenance has been performed and the 

UAS is found to be in a condition for safe flight.
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12. The operator must follow the UAS manufacturer’s maintenance, overhaul, 

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

components. Each UAS operated under this exemption must comply with all 

manufacturer safety bulletins.

13. PIC certification: Under this exemption, a PIC must hold either an airline transport, 

commercial, private, recreational, or sport pilot certificate. The PIC must also hold a 

current FAA airman medical certificate or a valid U.S. driver’s license issued by a 

state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal 

government. The PIC must also meet the flight review requirements specified in 14 

CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.

14. PIC qualifications: The PIC must demonstrate the ability to safely operate the UAS in 

a manner consistent with how it will be operated under this exemption, including 

evasive and emergency maneuvers and maintaining appropriate distances from 

persons, vessels, vehicles and structures before conducting student training operations. 

Flights for the pilot’s own training, proficiency, or experience-building funder this 

exemption may be conducted under this exemption. PIC qualification flight hours and 

currency may be logged in a manner consistent with 14 CFR § 61.51(b), however 

UAS pilots must not log this time in the same columns or categories as time accrued 

during manned flight. UAS flight time must not be recorded as part of total time.

15. Training: The operator may conduct training operations when the trainer/instructor is 

qualified as a PIC under this exemption and designated as PIC for the entire duration 

of the flight operation. Students/trainees are considered direct participants in the flight 

operation when manipulating the flight controls of a small UAS and are not required 

to hold any airman certificate. The student/trainees may be the manipulators of the 

controls; however, the PIC must directly supervise their conduct and the PIC must also 

have sufficient override capability to immediately take direct control of the small UAS 

and safely abort the operation if necessary, including taking any action necessary to 

ensure safety of other aircraft as well as persons and property on the ground in the 

event of unsafe maneuvers and/or emergencies for example landing in an empty area 

away from people and property.

16. Under all situations, the PIC is responsible for the safety of the operation. The PIC is 

also responsible for meeting all applicable conditions and limitations as prescribed in 

this exemption and ATO-issued COA, and operating in accordance with the operating 

documents. All training operations must be conducted during dedicated training 

sessions and may or may not be for compensation or hire. The operation must be 
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conducted with a dedicated VO who is no collateral duties and is not the PIC during 

the flight. The VO must maintain visual sight of the aircraft at all times during flight 

operations without distraction in accordance with the conditions and limitations below. 

Furthermore, the PIC must operate the UA not closer than 500 feet to any 

nonparticipating person without exception.

17. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All 

operations must be conducted under visual meteorological conditions (VMC). Flights 

under special visual flight rules (SVFR) are not authorized.

18. The UA may not be operated less than 500 feet below or less than 2,000 feet 

horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.

19. For tethered UAS operations, the tether line must have colored pennants or streamers 

attached at not more than 50 foot intervals beginning at 150 feet above the surface of 

the earth and visible from at least 1 mile. This requirement for pennants or streamers 

is not applicable when operating exclusively below the top of and within 250 feet of 

any structure, so long as the UA operation does not obscure the lighting of 

the structure.

20. For UAS operations where GPS signal is necessary to safely operate the UA, the PIC 

must immediately recover/land the UA upon loss of GPS signal. 

21. If the PIC loses command or control link with the UA, the UA must follow a predetermined route to either reestablish link or immediately recover or land.

22. The PIC must abort the flight operation if unpredicted circumstances or emergencies

that could potentially degrade the safety of persons or property arise. The PIC must 

terminate flight operations without causing undue hazard to persons or property in the 

air or on the ground.

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

weather conditions) there is enough available power for the UA to conduct the 

intended operation and to operate after that for at least five minutes or with the reserve 

power recommended by the manufacturer if greater.

24. All aircraft operated in accordance with this exemption must be registered in 

accordance with 14 CFR part 47 or 48, and have identification markings in accordance 

with 14 CFR part 45, Subpart C or part 48
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25. Documents used by the operator to ensure the safe operation and flight of the UAS and 

any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the 

PIC at the Ground Control Station of the UAS any time the aircraft is operating. These 

documents must be made available to the Administrator or any law enforcement

official upon request.

26. The UA must remain clear of and give way to all manned aircraft at all times. 

27. The UAS may not be operated by the PIC from any moving device or vehicle. 

28. All flight operations must be conducted at least 500 feet from all persons, vessels, 

vehicles, and structures unless when operating:

a. Over or near people directly participating in the operation of the UAS. People 

directly participating in the operation of the UAS include the student 

manipulating the controls, PIC, VO, and other consenting personnel that are 

directly participating in the safe operation of the UA.

b. Near but not over people directly participating in the intended purpose of the 

UAS operation. People directly participating in the intended purpose of the 

UAS includes students in a class (not manipulating the controls), who must be 

briefed on the potential risks and acknowledge and consent to those risks. 

Operators must notify the local Flight Standards District Office (FSDO) with a 

plan of activities at least 72 hours prior to flight operations.

c. Near nonparticipating persons: Except as provided in subsections (a) and (b) 

of this section, a UA may only be operated closer than 500 feet to a person 

when barriers or structures are present that sufficiently protect that person from 

the UA and/or debris or hazardous materials such as fuel or chemicals in the 

event of an accident. Under these conditions, the operator must ensure that the 

person remains under such protection for the duration of the operation. If a 

situation arises where the person leaves such protection and is within 500 feet 

of the UA, flight operations must cease immediately in a manner that does not 

cause undue hazard to persons.

d. Near vessels, vehicles, and structures. Prior to conducting operations the 

operator must obtain permission from a person with the legal authority over 

any vessels, vehicles or structures that will be within 500 feet of the UA during 

operations. The PIC must make a safety assessment of the risk of operating 

closer to those objects and determined that it does not present an undue hazard. 
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29. All operations shall be conducted over private or controlled-access property with 

permission from a person with legal authority to grant access. Permission will be 

obtained for each flight to be conducted.

30. Any incident, accident, or flight operation that transgresses the lateral or vertical 

boundaries of the operational area as defined by the applicable COA must be reported 

to the FAA's UAS Integration Office within 24 hours. Accidents must be reported to 

the National Transportation Safety Board (NTSB) in accordance with its UAS 

accident reporting requirements.

For operations conducted closer than 500 feet to people directly participating in the intended 

purpose of the operation, not protected by barriers, the following additional conditions and 

limitations apply:

31. The operator must have an operations manual that contains at least the following 

items, although it is not restricted to these items.

a. Operator name, address, and telephone number.

b. Distribution and Revision. Procedures for revising and distributing the operations 

manual to ensure that it is kept current. Revisions must comply with the applicable 

conditions and limitations in this exemption.

c. Persons Authorized. Specify criteria for designating individuals as directly 

participating in the safe operation of the UAS. The operations manual must include 

procedures to ensure that all operations are conducted at distances from persons in 

accordance with the conditions and limitations of the exemption.

d. Plan of Activities. The operations manual must include procedures for the 

submission of a written plan of activities.

e. Permission to Operate. The operations manual shall specify requirements and 

procedures that the operator will use to obtain permission to operate over property

or near vessels, vehicles, and structures in accordance with this exemption.

f. Security. The manual must specify the method of security that will be used to 

ensure the safety of nonparticipating persons. This should also include procedures 

that will be used to stop activities when unauthorized persons, vehicles, or aircraft 

enter the operations area, or for any other reason, in the interest of safety.

g. Briefing of persons directly participating in the intended operation. Procedures 

must be included to brief personnel and participating persons on the risks involved, 

emergency procedures, and safeguards to be followed during the operation. 

h. Personnel directly participating in the safe operation of the UAS Minimum 

Requirements. In accordance with this exemption, the operator must specify the 

minimum requirements for all light personnel in the operating manual. The PIC at 
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a minimum will be required to meet the certification standards specified in this 

exemption.

i. Communications. The operations manual must contain procedures to provide 

communications capability with participants during the operation. The operator 

can use oral, visual, or radio communications as along as the participants are

apprised of the current status of the operation.

j. Accident Notification. The operations manual must contain procedures for 

notification and reporting of accidents in accordance with this exemption.

In accordance with this exemption, the operating manual and all other operating 

documents must be accessible to the PIC during UAS operations.

32. At least 72 hours prior to operations, the operator must submit a written Plan of 

Activities to the local Flight Standards District Office having jurisdiction over the 

proposed operating area.

The Plan of Activities must include at least the following:

a. Dates and times for all flights. For seasonal or long-term operations, this can 

include the beginning and end dates of the timeframe, the approximate frequency 

(e.g. daily, every weekend, etc.), and what times of the day operations will occur. 

A new plan of activities must be submitted prior to each season or period of 

operations.

b. Name and phone number of the on-site person responsible for the operation.

c. Make, model, and serial or registration number of each UAS to be used.

d. Name and certificate number of each UAS PIC involved in the operations.

e. A statement that the operator has obtained permission from property owners. 

Upon request, the operator will make available a list of those who gave 

permission.

f. Signature of exemption holder or representative stating the plan is accurate.

g. A description of the flight activity, including maps or diagrams of the area over 

which operations will be conducted and the altitudes essential to accomplish the 

operation.

Unless otherwise specified in this exemption, the UAS, the UAS PIC, and the UAS operations 

must comply with all applicable parts of 14 CFR including, but not limited to, parts 45, 47, 

48, 61, and 91.
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This exemption terminates on August 31, 2018, unless sooner superseded or rescinded.

Issued in Washington, DC, on August 15, 2016.

/s/

John Barbagallo

Deputy Director, Flight Standards Service

Enclosure