Department of Technology/Aviation

1704 Weeksville Road | Elizabeth City, NC 27909 

Phone: 252.335.3439 | Fax: 252.335.3760

www.ecsu.edu

 December 22, 2015

Department of Technology/Aviation

Elizabeth City State University

Dixon-Patterson Hall

1704 Weeksville Rd

Elizabeth City, NC 27909

U. S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

Re: Exemption Request under Section 333 of the FAA Modernization and Reform Act

and 14 C.F.R. Part 11

Dear Sir/Madam:

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

and 14 C.F.R. Part 11, Elizabeth City State University – Department of Technology (Petitioner), 

seeks an exemption from the Federal Aviation Regulations (FARs) listed and discussed in 

Appendix A in order to allow for the operation of small Unmanned Aircraft System (UAS) under 

the conditions and limitations set forth in this application for Petition.

The requested exemption would permit the Petitioner to safely, efficiently and economically 

utilize a UAS within the National Airspace System (NAS) for research operations conducted 

within and under the conditions outlined in this Petition or as established by the FAA as required 

by Section 333.

The requested exemption would authorize the Petitioner to conduct scientific research utilizing 

UAS that will provide the following benefits to the public:

1. Application of UAS to acquire aerial imagery in support of precision agriculture, natural 

resource monitoring, and other university research projects.

2. Application of UAS shall reduce risk, both direct and indirect, in areas where terrain or 

subject matter is inaccessible, inhospitable, hazardous and unsafe to enter, or may cause 

undue injury or loss of life.

3. UAS operations at low altitudes (< 400 ft. AGL) provide high-resolution imagery that 

cannot be acquired with manned aircraft without compromising safety and adding 

excessive levels of risk to life and property.
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4. UAS options for collecting imagery and data result in increased efficiencies that directly 

influence and benefit agriculture, natural resources monitoring, and scientific research.

5. Research using UAS can obtain data products, which will directly influence and improve 

efficiencies within several applications. This has the potential of enhancing productivity 

while providing benefits to research, industry, and the general public.

The name and address of the Petitioner is:

Elizabeth City State University

Attn: Kuldeep S. Rawat, Ph.D.

Department of Technology/Aviation

Telephone: (252) 335-3846

Fax: (252) 335-3760

Email: ksrawat@ecsu.edu

Address: 1704 Weeksville Road

Elizabeth City, NC 27909

Signed: 
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STATEMENT OF BACKGROUND AND PUBLIC BENEFIT

Elizabeth City State University, located in Elizabeth City, North Carolina, is a Historically Black 

College and University (HBCU) and one of the 16 constituent members of University of North 

Carolina (UNC) system. Founded in 1891, Elizabeth City State University (ECSU) is a critically 

important educational and cultural resource for Northeastern North Carolina. Beyond our role in 

education, we are the third largest employer in the region. Based on recent economic studies, 

ECSU’s economic impact on the local community included: $118 million in output sales, $83 

million in value added (gross regional product), and $59 million in labor income. 

ECSU offers the state’s only four-year collegiate aviation program. Established initially in 1989 

as a minor in Airway Science, sponsored by the Federal Aviation Administration (FAA) as an 

initiative to increase diversity within the FAA and aerospace industries. In 2002, the Airway 

Science minor was expanded and became the Aviation Science Program rewarding its graduates 

with a B.S. degree in Aviation Science. Today, the Elizabeth City State University Aviation 

Science Program lauds over 25 years of progress and success that has placed numerous 

competitive graduates within the aviation/aerospace industry.

ECSU’s Department of Technology is the parent department for the Aviation Science program. 

The degree program offers specialization in Flight Education/Professional Pilot, Aviation 

Management, Air Traffic Control, Aviation Electronics (Avionics). ECSU houses the Center for

Excellence in Remote Sensing Education and Research (CERSER) and the Center for 

Computational Science-Scientific Visualization (CCSV). These Scientific Research and 

Education Centers specializes in interdisciplinary approach to research, problem-solving and 

visually displaying of data in the mathematical sciences, natural sciences and technological 

applications. 

Unmanned Aircraft System (UAS) operations would prove beneficial to a vast majority of 

research and educational activities for ECSU programs. With the vast amount of farmland in the 

region, UAS operations, in collaboration with participating farmland owners, will provide public 

benefit in the Agriculture Industry. Precision Agriculture begins with the collection of data a 

farmer can utilize. Such data assists the farmer in the health of the crop; the marketable yield, 

minimize expenses and potential losses from under/over fertilizing problem areas in the field, 

pesticide control, and develop a trend analysis from year to year. A higher yield per acre, while 

minimizing expenses, provides a lower cost benefit to the consumer. Such research will be a 

win-win benefit for all, ranging from ECSU’s students and faculty researchers, the agriculture 

industry, the environment, and ultimately the consumer. Due to the limited size, speed, weight, 

and nature of the research missions, to include the geographical locations away from populated 

areas, ECSU’s use of UAS for research pose minimal risk, if any, to persons or property.

Upon approval of requested exemptions, the Petitioner intends to acquire and provide aerial 

imagery and data in support of scientific research as they apply to natural resource monitoring

and precision agricultural activities. For instance, these will include cropland observations, 

invasive species monitoring, geologic and geomorphic surveys, forestry, and rangeland health.

The application of UAS in these instances has the ability to produce valuable and sustainable 

data products enhancing industry and public land operations. In time, the specific benefits will 
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provide increased crop harvest quality and quantity throughout growing areas where reduced 

environmental impact, prudent water use, and irrigation are required.

Elizabeth City State University (ECSU) will perform mission planning, site safety evaluation, 

and flight operations. All UAS platforms utilized by ECSU will be equipped with the necessary 

sensor package for the mission. Data and imagery acquired will be analyzed and assembled into 

a final product. This deliverable will include geospatial products derived from post-processing 

techniques of the acquired data and imagery. Such data will be disseminated for further research, 

journal publications, and for the agriculture and natural resource industries awareness of UAS 

technology and its benefits for civilian applications.

QUALIFICATION FOR APPROVAL UNDER SECTION 333 OF THE REFORM ACT

The UAS operations proposed in this petition for exemptions qualify for expedited approval 

under Section 333 of the Reform Act. This petition outlines how each statutory criterion as well 

as other potentially relevant factors is satisfied.

The proposed operations would permit the use of small UAS within the National Airspace (NAS) 

under controlled operational conditions. In many cases, these criteria outlined below will provide 

a level of safety that could not be achieved using manned fixed wing or rotor aircraft in order to 

accomplish the same purposes.

Elizabeth City State University – Department of Technology is proposing to operate both 

rotorcraft and fixed wing UAS. Each Unmanned Aircraft (UA), including payload weighs less 

than 25 lbs., and always less than 55 lbs. UAS operations will occur under normal Visual Flight 

Rules (VFR) meteorological conditions at ground speeds typically less than 50 knots, and always 

less than 87 knots. UA’s are primarily constructed of foam, aluminum, carbon fiber and plastic 

materials. UAS flight operation will be performed by qualified UAS Pilot-in-Command (PIC) 

and Visual Observer (VO), in order to ensure that the UA will “not create a hazard to users of 

the National Airspace System or the public.” Given the small sizes of the UA, the pre-planned 

operational locations, flight paths, and the required VFR flight conditions, the Petitioner believes 

that these operations fall directly within or exceed the required level of safety. Under the Reform 

Act, Congress has endorsed through exemption that the FAA will allow commercial operations 

of UAS to commence immediately if an appropriate level of safety is achieved or exceeded. 

It is also determined that due to the dimensions and composite materials of the UA, flight paths 

and operational areas, the VFR conditions in which UAS flights will take place, approval of this 

petition presents no threat to national security. The operation of UAS under these conditions will 

serve to guarantee pilot, property, and public safety while adding tangible benefits to industry, 

the economy, scientific research, and the general public.

Elizabeth City State University – Department of Technology acting as UAS Pilot-in-Command

and Visual Observer (VO) agree to the requirements and constraints of these limitations and 

conditions for conducting commercial operations within the National Airspace System under an 

FAA issued exemption:
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Pertaining to UAS and UA

1. UA will weigh typically less than 25 lbs., and always less than 55 lbs.

2. UA will operate typically at a maximum speed of no greater than 50 knots, and always 

less than 87 knots.

3. UA will operate at or below 400ft AGL.

4. UAS shall not be operated within 5 miles of an airport without prior approval of, and 

establishing a line of communication for the duration of the flight operations with the 

controlling authority of that airspace/airport.

5. UA will be operated within visual line of sight (VLOS) of the PIC and VO(s).

6. UA will follow pre-determined flight lines over the mission area conducted via 

automated navigational flight software.

7. UAS will be operated under visibility and cloud clearance requirements equivalent to 

Visual Flight Rules (VFR).

8. UAS will be equipped with an autopilot system. UAS will utilize GPS navigation, 

systematic pre-flight checks, and failover safety mechanisms as return-to-home (RTH), 

auto-land, loiter and flight abort safety features.

Pertaining to Pilots, Visual Observer(s) and Ground Control Station crew

1. Minimum crew for each operation will consist of the UAS Pilot-in-Command (PIC), 

Visual Observer (VO) and/or Ground Control Station (GCS) crew.

2. The UAS pilot will be considered the PIC and be responsible for conducting safe flight 

operations.

3. PIC, VO(s) and/or GCS crew will have two-way radio communications established prior 

to any flight operations.

4. A mandatory safety and mission brief will be conducted, on-site, in regard to the planned 

UAS flights. All personnel who will be performing duties within the boundaries of the 

area of operation will be present for this briefing.

5. The UAS PIC will be trained for the safe operation of the UA to be operated. This will 

include operation of the UAS in normal and emergency procedures and will include 

familiarization with the flight manual (or similar) furnished by the UAS manufacturer. 

Training will also include basic flight maneuvers, navigational awareness, emergency 

procedures, loss of uplink, loss of downlink, loss of GPS and safe flight operations in the 

vicinity of persons, property and applicable airspace.
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Pertaining to Flight Operations

1. Perform a Risk Assessment Evaluation for site operations and flight conditions before 

each mission.

2. Prior to a UAS flight, an area of operation will be established. This area of operation will 

include defined lateral and vertical boundaries, where the UA will operate. Safety 

procedures will be established for persons, property and applicable airspace within the 

area of operation.

3. Flights will be operated in Class G airspace whenever possible. If operation in other 

airspace is required, the appropriate controlling authority will be notified at least 24 hours 

prior to the operation and, if required, any necessary permission obtained.

4. See and Avoid: If at any time the operator see or hears another aircraft and it appears that 

aircraft may come within one (1) mile of the UA, or it is questionable whether or not it 

will do so, the PIC shall immediately descend the UA and direct it on a heading toward 

the designated landing area, or alternate landing area if necessary, until the UA has 

landed or it is determined the other aircraft has maintained a separation of one (1) mile.

5. The UA shall operate from on-site launch/landing locations directly next to the PIC and 

GCS crew. Non-essential flight operation personnel will be at an appropriate distance 

away or a minimum of 100 ft. from the operation unless barriers or structures are in 

place, which may sufficiently protect non-participating persons in case of a UAS 

emergency.

6. Flight planning will include flight completion with at least 25% battery power remaining 

as measured by the UAS or appropriate flight time planning.

7. A Ground Control Station (GCS) will be connected by radio uplink/downlink to the UA 

during the entire flight operation. Flight information relayed to the PIC will include UA 

GPS position, altitude, speed, compass heading/bearing, aircraft angle of attack (if 

applicable), flight time, battery power remaining, and other telemetry information.

8. Written, and/or documented verbal permission from property owners or land 

management agency will be obtained prior to an operation. All operations shall be 

conducted over private or controlled-access property with permission from the property 

owner/controller or authorized representative. Permission from property owner/controller 

or authorized representative will be obtained for each flight to be conducted.

In summary, it is the Petitioner’s belief that the size, weight, speed, operating environment, and 

operating capabilities of each UAS will provide an “equivalent level of safety” or better when 

operating for research and public interest as outlined in Section 333 of the Reform Act. Petitioner

appreciates the time and consideration devoted to this request for exemption to permit safe, legal 

research UAS operations within the NAS.
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Respectfully,

Elizabeth City State University

Attn: Kuldeep S. Rawat, Ph.D.

Telephone: (252) 335 - 3846

Email: ksrawat@ecsu.edu

Address: 1704 Weeksville Road

 Elizabeth City, NC 27909

EXEMPTION IS REQUESTED FROM THE FOLLOWING REGULATIONS

14 C.F.R. Part 21 .................................................................................... Page 9

14 C.F.R. Part 27 ..................................................................................... Page 9

14 C.F.R. 91.203(a)(b) .......................................................................... ....Page 9

14 C.F.R. 45.23(a)(b) ................................................................................Page 11

14 C.F.R. 45.27(a) ................................................................................... Page 12

14 C.F.R. 91.7(a) .................................................................................... Page 10

14 C.F.R. 91.9(b)(2)..................................................................................Page 10

14 C.F.R. 91.9(c)......................................................................................Page 11

14 C.F.R. 61 ..........................................................................................Page 12

14 C.F.R. 61.3 ....................................................................................... Page 12

14 C.F.R. 61.113........................................................................................Page 12

14 C.F.R. 61.113(a)(b)...............................................................................Page 13

14 C.F.R. 61.133(a) ................................................................................. Page 13

14 C.F.R. 91.103 .................................................................................... Page 14

14 C.F.R. 91.109(a) ................................................................................. Page 15

14 C.F.R. 91.119(c) .................................................................................. Page 15

14 C.F.R. 91.121 .................................................................................... Page 16

14 C.F.R. 91.151(a) ................................................................................. Page 16

14 C.F.R. 91.405(a) ................................................................................. Page 17

14 C.F.R. 91.407(a)(1) ..............................................................................Page 17

14 C.F.R. 91.409(a)(2) .............................................................................. Page 17

14 C.F.R. 91.417(a) ..................................................................................Page 17

Appendix A discusses each rule listed above and explains why exemptions pursuant to the 

proposal set forth in this letter are appropriate while providing an equivalent level of safety and 

consider the public interest.
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GLOSSARY OF TERMINOLOGY

AGL Above Ground Level

AME Aviation Medical Examiner 

CFR Code of Federal Regulations

COA Certificate of Authorization

ECSU Elizabeth City State University 

FAA Federal Aviation Administration

GCS Ground Control Station

GPS Global Positioning System

NAS National Airspace System

NOTAM Notice to Airmen

PIC Pilot in Command

RTH Return to Home

SOP Standard Operating Procedures

sUAS Small Unmanned Aircraft System

UA Unmanned Aircraft

UAS Unmanned Aircraft System

VFR Visual Flight Rules

VLOS Visual Line of Sight

VO Visual Observer
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APPENDIX A

EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY

The Petitioner requests an exemption from the following regulations as well as any additional 

regulations that may technically apply to the operation of UAS.

14 CFR PART 21, SUBPART H: Airworthiness Certificates

Section 91.203(a)(1) requires all civil aircraft to have “an appropriate and current airworthiness 

certificate.” Part 21, Subpart H, entitled Airworthiness Certificates, establishes the applicability 

and the procedural requirements for the issuance of airworthiness certificates as required by FAR 

§ 91.203(a)(1).

With the size of the UA (typically less than 25 lbs., and always less than 55 lbs.) and the limited 

flight operation areas, it is unnecessary to undergo the certificate of airworthiness process under 

Part 21 Subpart H to achieve or exceed current levels of safety.

Such an exemption meets the requirements of an equivalent level of safety under Part 11 and 

Section 333 of the Reform Act. The Federal Aviation Act and Section 333 of the Reform Act 

both authorize the FAA to exempt aircraft from the requirement of an airworthiness certificate of 

the UAS involved upon consideration of the size, weight, speed, operational capability, and 

proximity to airports and populated areas. These outlined conditions all apply to the UAS 

considered in this proposed exemption, therefore an airworthiness certificate is not applicable.

The FAA has issued the following exemptions to this regulation;

Exemption Nos. 11138, 11062, 11067, 11080, 11114, and 11112.

14 CFR Part 27–Airworthiness Standards: Normal Category Rotorcraft

14 CFR Part 27 sets forth the procedural requirements for airworthiness certification of normal 

category rotorcraft to the extent petitioner’s UAS would otherwise require certification under 

Part 27. Petitioner seeks exemption for the same reasons identified in the request for exemption 

from 14 CFR Part 21, Subpart H.

14 CFR § 91.203 (A) & (B): Carrying Civil Aircraft Certification and Registration

This regulation provides as follows:

(a)“... no person may operate a civil aircraft unless it has ... an appropriate and current 

airworthiness certificate.”

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

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

at the cabin or cockpit entrance so that it is legible to passengers or crew.”
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The UA with a full capacity payload weighs no more than 25lbs, and always less than 55 lbs. 

Due to the small size there is no open cabin or cockpit. There is no space, or onboard storage 

place located in/on the UA in which to carry certification and registration documents. An 

equivalent level of safety will be achieved by keeping proper documentation at the location of 

the Ground Control Station where the PIC, VO or GCS crew and others working with the UAS 

will have readily available access to them. 

The FAA has issued the following exemptions to this regulation;

Exemption Nos. 9565A, 9565B, 9789, 9789A, 9797, 9797A, 9816A, and 9816.

Further examination of §91.203 (a) & (b) conditions lends that UAS operated without an 

airworthiness certificate, under the conditions proposed in this petition, will achieve the 

equivalent level of safety or better, than a conventional manned aircraft (fixed wing or rotorcraft) 

with an airworthiness certificate for the purposes outlined in this application. The UA will not 

carry a pilot or passenger, will not carry flammable fuel, and will operate only within small welldefined locations. All operations will be in compliance with the limitations and conditions stated 

in this application for petition. In summary, the size of the aircraft, the lack of flammable fuel 

and the fact that the UAS is carried to the location, rather than flown to the site of operation, all 

create an equivalent level of safety. The UAS provides and even exceeds an equivalent level of 

safety when comparing low altitude operations conducted with conventional manned aircraft that 

would be carrying passengers, cargo, and flammable fuel.

14 CFR § 91.7(A): Civil Aircraft Airworthiness

This regulation requires that “no person may operate a civil aircraft unless it is in airworthy 

condition.” Should the exemption be granted allowing research operation of UAS without an 

airworthiness certificate, no standard will exist for airworthiness of the UAS. An equivalent level 

of safety will be achieved by ensuring compliance with the UAS standard operating procedures, 

flight operations manuals, and following the established practices, which utilize safety checklists, 

pre-flight checklists and regularly scheduled maintenance.

The FAA has issued the following exemptions to this regulation;

Exemption Nos. 11159, 11157, 11153, 11150, 11138, 11136, 11109 and 11080.

14 CFR § 91.9 (B)(2): Civil Aircraft Flight Manual in the Aircraft

This regulation provides guidance for aircraft flight manuals. (b) “No person may operate a 

U.S.-registered civil aircraft ... (2) For which an Airplane or Rotorcraft Flight Manual is not 

required by §21.5 of this chapter, unless there is available in the aircraft a current approved 

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

any combination thereof.”

The UA is small in size and there is no cabin or cockpit entrance to the UA. There is no onboard 

pilot, passenger(s) or crew. Due to the small size, configuration with no cockpit or cabin for a 

pilot, passengers or crew, there is no room or capacity onboard to carry a flight manual. The 

equivalent level of safety will be achieved by keeping the flight manual(s) and standard 
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operating procedures at the Ground Control Station (GCS) where the PIC and GCS crew 

operating the UA will have readily available access to it.

Previous exemptions granted by the FAA concerning Section 91.9(b) establish that safety is not 

adversely affected when the approved Aircraft Flight Manual is kept at the Ground Control 

Station of a UAS, where the Pilot-in-Command can immediately access it. Section 91.9(b) 

“requires aircraft to carry the flight manual so the pilot would have ready access to the aircraft 

limitations while in flight.” However, the FAA has also determined that UA will always be 

operated without any passengers or crew onboard, and that “requiring these special-use aircraft 

[UAS] to carry superfluous paper documents may present a safety hazard to the integrity of the 

[UAS].”

The FAA has issued the following exemptions to this regulation;

Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9564, 9564B, 9720, 10167, 10167A, 11112, 

11114, and 11138.

14 CFR § 45.23(A)(B), 45.27(A) & 91.9(C): Marking of the Aircraft

Regulation 45.23 states (a) “Each operator of an aircraft must display on that aircraft marks 

consisting of the Roman capital letter “N” (denoting United States registration) followed by the 

registration number of the aircraft. Each suffix letter used in the marks displayed must also be a 

Roman capital letter.” 

(b) When marks include only the Roman capital letter “N” and the registration number is 

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

certificated aircraft, the operator must also display on that aircraft near each entrance to the 

cabin, cockpit, or pilot station, in letters not less than 2 inches nor more than 6 inches high, the 

words “limited,” “restricted,” “light-sport,” “experimental,” or “provisional,” as applicable.”

Regulation 91.9(c) provides: “No person may operate a U.S.-registered civil aircraft unless that 

aircraft is identified in accordance with part 45 of this chapter.”

UA does not have entrance to a cabin, cockpit, or pilot station on which markings can be placed. 

The small size of the UA prevents marking the UA with two-inch lettering. Official marking 

system for UAS has not yet been established for operations inside the NAS. However, the 

Petitioner is prepared to mark the UA with appropriate sized markings for the UA. This can 

include identification as the name of the organization, its location of origin and aircraft serial 

numbers. The UAS Ground Control Station will also have proper marking § 45.29(f) where the 

Pilot, Visual Observer(s), and others working with the UAS will see the identification of the UA 

and GCS.

The FAA has issued the following exemptions to this regulation;

Exemption Nos. 8738, 10167, 10167A and 11112, 11136, 11109, and 11062.
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14 C.F.R. § 45.27(A), Rotorcraft, states: Each operator of a rotorcraft must display on that 

rotorcraft horizontally on both surfaces of the cabin, fuselage, boom, or tail the marks required 

by§ 45.23. 

In a previous Grant of Exemption, the FAA determined that exemption from these requirements 

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 large as practicable.”

FAA Docket No. FAA-2014-035.

14 C.F.R. Part 61, 14 C.F.R. § 61.3, 14 C.F.R. § 61.113: Private Pilot Privileges and 

Limitations

Elizabeth City State University (ECSU) will require its UAS Pilot-in-Command to have, as a 

minimum; a valid FAA issued private pilot license and a current Aviation Medical Examiner 

(AME) medical certificate. UAS training will be provided for PICs, VOs, and GCS research 

personnel during dedicated training sessions. Such training flights are needed for building 

experience, maintaining proficiency, and understanding new payload equipment as acquired.

Accordingly, ECSU seeks exemption from 14 CFR Part 61, including 14 CFR § 61.3 to the 

extent that these regulations are interpreted as requiring a prospective UAS PIC receiving UAS 

training to have a private pilot certificate. All UAS training flights will be conducted within a 

closely controlled environment, outside of navigable airspace and away from persons or property 

not involved in the training.

In addition, to the extent that ECSU may employ persons with a private pilot license to operate 

its UAS, an exemption is also sought from 14 C.F.R § 61.113, which restricts private pilot 

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

second-class medical certificate. The purpose of this section is to ensure the skill and 

competency of any PIC where the aircraft is carrying passengers or cargo for hire. In this case, 

while instructors acting as PIC of the UAS utilized for PIC instruction, the UA carry neither 

passengers nor cargo. Moreover, in the Astraeus Aerial Grant of Exemption (FAA Docket No. 

FAA-2014-0352), the FAA determined that the unique characteristics of UAS operation outside 

of controlled airspace did not warrant the additional cost and restrictions attendant with requiring 

the PIC to have a Commercial Pilot Certificate and Class II Medical Certificate.

Elizabeth City State University will ensure an equivalent level of safety to the regulatory 

requirements of 14 C.F.R. Part 61, including 14 C.F.R. §§ 61.3 and 61.113 by following the 

safety procedures incorporated in the university’s to be developed UAS SOP/Flight Manuals. 

Specifically, UAS PIC training protocols will be developed as part of Elizabeth City State 

University’s UAS SOP/Flight Manual, to include numerous conditions and limitations, which 

ensure the proposed UAS operations, can be conducted safely. 

In addition to these training and experience requirements, Elizabeth City State University will 

place additional restrictions on its proposed UAS operations to ensure an extra margin of safety. 

The UAS will only be operated in a controlled and sterile area away from persons and property 

not involved in the operation. As a requirement to be included in the final copy of Elizabeth City 

State University’s UAS SOP/Flight Manual, the PIC will maintain a 500-foot horizontal buffer 
13

from non-participating personnel, as well as buildings, vessels and vehicles that are not part of 

the UAS operation being conducted. It will be flown based on VLOS at 400 feet AGL or below. 

Elizabeth City State University will also file a NOTAM with the appropriate ATC facility 

between 48 and 72 hours before the flight is to occur. The universities’ intended UAS 

SOP/Flight Manual will include qualifications, currency, and training requirements for members 

of Elizabeth City State University’s UAS applications research program. This is to ensure that 

the UAS operators are competent and proficient in the UAS they are operating. Collectively, 

these procedures ensure that the proposed small UAS (sUAS) operations can be conducted 

safely. 

14 CFR § 61.113(A) & (B); 61.133(A): Private Pilot Privileges and Limitations; Pilot in

Command; Commercial Pilot Privileges and Limitations

Sections 61.113 (a) & (b) provide regulations for the limitation of private pilot privileges to noncommercial operations. Section 61.133(a) requires an individual to hold a commercial pilot’s 

license when acting as pilot in command of an aircraft used for compensation or hire. UA will 

not carry a pilot or passengers. The proposed operations can achieve the equivalent level of 

safety by requiring the UAS PIC to undergo UAS operational training, hold at least a private 

pilot’s license or other FAA recognized equivalent, rather than a commercial pilot’s license to 

operate small UA. Unlike a conventional aircraft, which carries a pilot and passenger(s), UA are 

remotely controlled with no persons on board. The area of operation is limited with flights not 

exceeding 400 feet in altitude and not out of visual line of sight. All flights are planned and 

coordinated in advance and will be monitored by both the PIC operator, Visual Observer(s) and 

Ground Control Station and will follow all requirements to ensure compliance with safety 

regulations.

Further provisions will take into account the safety features and characteristics of the UAS. UAS 

navigational system and autopilots have a high degree of preset automated navigational control 

with built-in technical capabilities that will limit the ability for UA to operate outside of the 

flight operations envelop. Automated features and advanced fly-safe controls consistently enable 

safe and reliable operation.

UAS flight safety is a priority, no matter the flight-operating environment. Because there are no 

persons on board, UAS offer superior safety over manned aircraft in flying low altitude flights. 

UAS will operate with multiple built-in safety features:

1. UAS navigation and auto pilot system will fly a preset flight path autonomously or fly in 

manual override.

2. UAS flight software automatically and systematically scans for system anomalies while 

in flight. Detected issues are then handled with configurable preset automated response 

behavior such as return-to-home, loiter and auto-land functionality.

3. UAS has capability to auto detect loss of GPS link. If link is lost, a warning alarm is 

indicated and the UAS initiates an immediate return to home and auto landing.
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4. If UAS detects a low battery, a warning alarm sounds and UAS will return to home and 

land.

5. If UAS loss of link to the Ground Control Station occurs the UAS will perform its preset 

response to the condition by performing an auto-land.

6. UAS flight time and battery power charge/minutes are displayed at all times. UA will 

return home and land automatically if user-configurable limits are reached or battery 

power reaches 25%.

7. UAS have the ability to be programmed for no-fly zones. These virtual boundaries will 

contain UAS flight operations not allowing UAS to fly horizontally and/or vertically 

outside the pre-planned flight area.

8. UAS safety pre-flight checks and system status assessments prior to takeoff also include 

system self-calibration of flight sensors. If problems with flight sensors are detected the 

automated pre-flight phase will abort.

These safety features, characteristics and advanced controls can be learned through proper UAS 

operational training. With UAS pilot training, there is a reduction of risk associated with the 

operation of UAS. Risks are mitigated due to size, speed, weight, operational capabilities, safety 

features and advanced navigational controls. The level of risk associated with private pilot 

operations or commercial operations considered by Part 61 with conventional aircraft (fixed 

wing or rotorcraft) is considerably greater than that of UAS operations as defined by this 

petition. Therefore, an equivalent level of safety is exceeded over the current level of safety 

required under 14 C.F.R. § 61.113(a) & (b) § 61.133(a).

The FAA has issued the following exemptions to this regulation;

Exemption Nos. 11110, 11109, 11062, 11065, 11067, 11136 and 11138.

14 CFR § 91.103: Preflight Action

This regulation requires each pilot in command to take certain actions before flight to ensure the 

safety of the flight. As FAA approved flight manuals will not be provided for the UAS, an 

exemption will be needed. To provide for an equivalent level of safety the following protocols 

will be in effect. The Pilot-in-Command and Ground Control Station crew will take all actions 

including: systematic and comprehensive pre-flight checks, firmware and software updates, 

safety plan review, weather updates, briefing of flight plan operations, flight battery power needs 

and requirements, aircraft performance data and landing/takeoff distances before proceeding 

with flight operations.

Summary of Pre-flight Checklist Items

1. Visual inspection of entire airframe

2. Visual inspections of fuselage, wings/rotor integrity
15

3. Run-up testing and battery power charge checks of all batteries (aerial vehicle, command 

station, radio transmitter)

4. Check altimeter is set to zero at UA launch site/landing zones, check GPS altitude, 

location, Compass heading/bearing

5. Verify communication between PIC, VO(s) and/or GCS crew

The failure of any portion of the pre-flight check will prevent takeoff. Pre-flight checks, which 

cannot be passed by the onboard flight system, will be investigated and remedied by a qualified 

person prior to each flight. This will be noted in the flight log for inclusion within the regular 

maintenance schedule.

14 CFR § 91.109(A): Flight Instruction

These regulations provide that no person may operate a civil aircraft (except a manned free 

balloon) that is being used for flight instruction unless that aircraft has fully functioning dual 

controls.

UA are remotely piloted aircraft that do not, by their nature, have fully functional dual controls. 

Flight control is accomplished through the use of a remotely operated hand-held controller that 

communicates with the aircraft via radio telemetry. During flight instruction, UAS will be flown 

by both prospective UAS PIC and qualified PIC using separate flight controllers simultaneously.

If necessary for failover safety, the Ground Control Station can override and perform an 

immediate auto-land. However, during typical flight operations, flights are either manually 

flown, controlled on the fly by point and click navigational commands or with predetermined 

waypoints and flight paths. Pilot has the ability to override preset flight paths.

In summary, the equivalent level of safety is exceeded due to the fact that neither a pilot nor 

passenger(s) are onboard the UA. In addition, the UA is small in size, slow in speed and flies at 

low altitudes. Other weight and material characteristics of the UA are also considered 

contributing factors for safety. With this the Petitioner believes that the previously outlined 

safety features provide for an increased level of safety over current regulations.

The FAA has approved exemptions for flight training without fully functional dual controls for a 

number of aircraft and for flight instruction in experimental aircraft.

The FAA has issued the following exemptions to this regulation;

Exemption Nos. 11109, 11138, 11110.

14 CFR § 91.119(C): Minimum Safe Altitude

Section 91.119 establishes safe altitudes for operation of civil aircraft. Specifically, 91.119(c) 

limits aircraft flying over areas other than congested areas to an altitude of 500 feet above the 

surface, except over open water or sparsely populated areas. In those cases, the aircraft may not 

be operated closer than 500 feet to any person, vessel, vehicle, or structure.
16

Because aerial survey, monitoring, mapping, inspection or data collection work must be 

accomplished at relatively low altitudes and at altitudes preferably less than 400 feet AGL, an 

exemption from Section 91.119(c) is requested.

The equivalent level of safety will be achieved given the size, weight, speed, and locations of 

flight operations areas. No flight operations will occur without the permission of the property 

owner or land management entities. Advance notice to the property owner or land managing 

entities, will ensure the correct individuals will be notified of planned flight operations. In 

addition, small size, weight, and low speeds of UA, contribute to very minimal hazards to 

persons, property, vessels, vehicles or structures. Autopilot features include a governor preset 

that will inhibit flights above 400 ft. AGL. Due to the extremely low altitude flights planned for 

UAS operations, it is not allowable, feasible or safe for conventional aircraft to fly within these 

parameters. Therefore, associated risks are marginal and do not compare to traditional manned 

aircraft flights operating at this altitude and should be considered for exemption.

The FAA has issued the following exemptions to this regulation;

Exemption Nos. 4063, 11138, 11136, 11112, 11110, 11109, 11080, 11066, 11063, 11062 and 

11067.

14 CFR § 91.121: Altimeter Settings

Section 91.121 requires a person operating an aircraft to maintain cruising altitude or flight level 

by reference to an altimeter that is set to the elevation of the departure airport or barometric 

pressure. Some UAS have a barometric pressure sensor, while others only use GPS for elevation 

or altitude. When a barometric pressure sensor is on the UA, it is corrected to the point of 

takeoff; this is in close proximity to the PIC and not at a departure airport. The altitude reading 

will be relative to that launch point on the ground.

The equivalent level of safety will be achieved by coordination between the PIC and GCS crew. 

As part of the pre-flight checklist, the PIC and the GCS crew will confirm the elevation or 

altitude of the launch site. Using the altitude of the launch site shown on the GPS altitude 

indicator and then confirming the UA AGL altimeter is set to zero on the ground before each 

flight is initiated. The altitude of the UA will also be displayed via telemetry at the GS and will 

be constantly monitored by the PIC and GS crew during the entire flight operation.

The FAA has issued the following exemptions to this regulation;

Exemption Nos. 11153, 11150, 11138, 11136, 11159 and 11159.

14 CFR § 91.151(A): Fuel Requirements for Flight in VFR Conditions

Section 91.151 (a) prohibits an individual from beginning “a flight in an airplane under VFR 

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

to the first point of intended landing and, assuming normal cruising speed – (1) During the day, 

to fly after that for at least 30minutes; or (2) At night, to fly after that for at least 45 minutes.”
17

Different UA batteries provide a range of powered flight times, depending on elevation, density 

altitude, wind and other environmental conditions. However, because UA do not require landings 

at airports or airstrips, time in fuel, as a safety buffer for go-arounds, delays for landing or 

diversion to another airport or airstrip is unnecessary. Petitioner believes that an equivalent level 

of safety can be achieved by calculating flight operations to planned landing zones with 

sufficient power for safe landings or by maintaining 25% of reserve battery power whichever 

happens first. This criteria will be more than adequate to return the UA to its planned landing 

zone from anywhere within the flight operations area.

Operating the UA, without 30 minutes of reserve fuel does not engender the type of risks that 

Section 91.151(a) was meant to prevent given the size, weight and speed at which the UA 

operates. The UA are constructed of lightweight materials, and have no onboard pilot, 

passenger(s), or cargo. The risk to human life and property is extremely minimal. In the unlikely 

event that the UA is drained of battery power, it would simply auto-land. Given the UA 

dimensions and weight, and proven the risks are clearly less than the risk associated with 

conventional aircraft represented by this regulation, an equivalent level of safety is exceeded, 

and an exemption from § 14 CFR 91.151 is requested.

The FAA has issued the following exemptions to this regulation;

Exemption Nos. 2689F, 5745, 10673, 10808, 11138, 11136, 11112, 10650, and 10159.

14 CFR § 91.405(A); 407(A)(1); 409(A)(2); 417(A): Maintenance Inspections

Section 91.405(a) requires that an aircraft operator or owner “shall have that aircraft inspected 

as prescribed in subpart E of this part and shall between required inspections, except as 

provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of 

this chapter ...” Section 91.407 similarly makes reference to requirements in Part 43; Section 

91.409(a)(2) requires an annual inspection for the issuance of an air worthiness certificate. 

Section 91.417(a) requires the owner or operator to keep records of maintenance work that has 

been accomplished by certificated mechanics, under Part 43, or licensed pilots and records of 

approval for aircraft return to service.

Since UA are small in size and cannot carry pilot/passengers, they are not considered complex 

mechanical equipment. UA will operate only within flight operation areas and no higher than 

400 ft. AGL. If mechanical issues arise, the UA can land immediately within the designated 

flight operation area. The equivalent level of safety will be achieved, as UAS PIC and GCS crew 

will ensure that UAS are in proper working order prior to initiating flight operations. This will 

occur through required pre-flight checks, regular UAS maintenance, and keeping a documented 

log of any date/ type of maintenance performed.

The FAA has issued the following exemptions to this regulation;

Exemption Nos. 11159, 11157, 11150, 11153, 11138, 11136, 11109 and 11080.
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APPENDIX B

SUMMARY OF SECTION 333 EXEMPTION REQUEST

Elizabeth City State University hereby provides pursuant to Part 11 a summary of its exemption 

application to allow research operation of UAS. With petition approval, the Petitioner intends to 

acquire and provide aerial imagery and data solutions in support of scientific research and 

monitoring activities as they apply to natural resource based interests and precision agriculture. 

For instance, these will include cropland observations (growth yields, fertilization and nutrient 

distribution, soils and plant moisture content, mold and blight occurrence, and pest 

management), irrigation water conservation methods, invasive species monitoring, geological

and geomorphic surveys, and forest and rangeland health.

The application of UAS in these instances has the ability to produce valuable and sustainable 

products enhancing industry and public land operations. These products will provide definitive 

results for improving precision agriculture and natural resource based activities. In time, the 

specific benefits will provide increased crop harvest quality and quantity throughout growing 

areas where prudent water use and irrigation are required. 

14 CFR , PART SUMMARY OF REGULATION

PART 21 AIRWORTHINESS CERTIFICATION

21, SUBPART H CERTIFICATION PROCEDURES FOR PRODUCTS AND PARTS, 

AIRWORTHINESS CERTIFICATES

27 AIRWORTHINESS STANDARDS: NORMAL CATEGORY ROTORCRAFT

61 PRIVATE PILOT PRIVILEGES AND LIMITATIONS

61.3 PRIVATE PILOT PRIVILEGES AND LIMITATIONS

61.113 PRIVATE PILOT PRIVILEGES AND LIMITATIONS

PART 61 CERTIFICATION: PILOTS, LIGHT INSTRUCTORS, AND GROUND INSTRUCTORS

61.113(A)(B) PRIVATE PILOT PRIVILEGES AND LIMITATIONS; PILOT-INCOMMAND

61.133(A) COMMERCIAL PILOT PRIVILEGES AND LIMITATIONS

PART 91 GENERAL OPERATING AND FLIGHT RULES

91.203(A)(B) CARRYING CIVIL AIRCRAFT CERTIFICATION AND REGISTRATION

91.7(A) CIVIL AIRCRAFT AIRWORTHINESS

91.9(B)(2) CIVIL AIRCRAFT FLIGHT MANUAL IN THE AIRCRAFT

91.9(C) MARKING OF THE AIRCRAFT

45.23(A)(B) MARKING OF THE AIRCRAFT

45.27(A) MARKING OF THE AIRCRAFT

91.103 PREFLIGHT ACTION
19

91.109(A) FLIGHT INSTRUCTION

91.119(C) MINIMUM SAFE ALTITUDES

91.121 ALTIMETER SETTINGS

91.151(A) FUEL REQUIREMENTS FOR FLIGHTS IN VFR CONDITIONS

91.405(A) MAINTENANCE REQUIRED

91.407(A)(1) OPERATION AFTER MAINTENANCE

91.409(A)(2) INSPECTIONS

91.417 (A) MAINTENANCE RECORDS
20

APPENDIX C

OVERVIEW CHARACTERISTICS OF PROPOSED UAS

DJI Phantom Vision 2+ DJI Inspire 1 DJI S-1000

Aircraft Type Multirotor Multirotor Multirotor

Aircraft Weight 2.55 lbs. 6.46 lbs. 9.26 lbs.

Max Take Off Weight 2.55 lbs. 6.46 lbs. 24.25 lbs.

Dimensions 13.8” (diagonal) 17.24”x17.75”x11.85” 41.14” (diagonal) 

Max Flight Time (approx.) 22 minutes 18 minutes 15 minutes

Max Airspeed 29 kts. 43 kts. 39 kts.

Propulsion Electric Motor x4 Electric motor x4 Electric motor x8

11.2VDC LiPo Battery 22.2VDC LiPo Battery 22.2VDC LiPo Battery

LiPo Battery LiPo 6S Battery LiPo 6S Battery

Payload Digital Camera Digital Camera Digital Camera

Airframe Material Molded Plastic Carbon Fiber Carbon Fiber

& Plastic & Aluminum

SenseFly eBee AG TBM RF70 AG AeromapperEV2

Aircraft Type Fixed Wing Fixed Wing Fixed Wing

Aircraft Weight 1.5 lbs. 11 lbs. 9.9 lbs.

Max Take Off Weight 1.5 lbs. 13 lbs. 9.9 lbs.

Dimensions 38” wingspan 70” wingspan 79” wingspan

Max Flight Time (approx.) 45 minutes 40 minutes 60 minutes

Max Airspeed 48 kts. Vne – 48 kts. 70 kts.

Propulsion Electric motor Electric motor Electric motor

11.1 VDC LiPo Battery 12.6 VDC LiPo Battery LiPo Battery

Payload Digital Camera Digital Camera Digital Camera

Airframe Material EPP Foam & EPO Foam & Carbon Fiber

Carbon Fiber Carbon Fiber

SenseFly eXOM

Aircraft Type Multirotor

Aircraft Weight 3.7 lbs.

Max Take Off Weight 3.7 lbs.

Dimensions 31.5”x22.1”x6.8”

Max Flight Time (approx.) 22 minutes

Max Airspeed 24 kts.

Propulsion Electric motor x4

3-cell 8500mAh LiPo 

Payload

Cameras (38MP, HD, 

Thermal, NavCam, Sonar)

Airframe Material Carbon Structure and

Composite parts