August 26, 2015

Exemption No. 12618

Regulatory Docket No. FAA–2015–2067

Dr. Michael Moore

Mailstop 50, Biology Department

Woods Hole Oceanographic Institution

Woods Hole, MA 02543

Dear Dr. Moore:

This letter is to inform you that we have granted your request for exemption. It transmits our 

decision, explains its basis, and gives you the conditions and limitations of the exemption, 

including the date it ends.

By letter dated May 20, 2015, you petitioned the Federal Aviation Administration (FAA) on 

behalf of Woods Hole Oceanographic Institution (hereinafter petitioner or operator) for an 

exemption. The petitioner requested to operate an unmanned aircraft system (UAS) to 

conduct research, education, and UAS platform development in the areas of oceanography, 

limnology, and environmental science.

See Appendix A for the petition submitted to the FAA describing the proposed operations and 

the regulations that the petitioner seeks an exemption.

The FAA has determined that good cause exists for not publishing a summary of the petition 

in the Federal Register because the requested exemption would not set a precedent, and any 

delay in acting on this petition would be detrimental to the petitioner.

Airworthiness Certification

The UAS proposed by the petitioner are the APH-J22, Mariner, and DJI Phantom 2 Vision +.
2

The petitioner requested relief from 14 CFR part 21, Certification procedures for products 

and parts, Subpart H—Airworthiness Certificates. In accordance with the statutory criteria 

provided in Section 333 of Public Law 112−95 in reference to 49 U.S.C. § 44704, and in 

consideration of the size, weight, speed, and limited operating area associated with the 

aircraft and its operation, the Secretary of Transportation has determined that this aircraft 

meets the conditions of Section 333. 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 Basis for Our Decision

You have requested to use a UAS for aerial data collection1. The FAA has issued grants of 

exemption in circumstances similar in all material respects to those presented in your petition. 

In Grants of Exemption Nos. 11062 to Astraeus Aerial (see Docket No. FAA−2014−0352), 

11109 to Clayco, Inc. (see Docket No. FAA−2014−0507), 11112 to VDOS Global, LLC (see

Docket No. FAA−2014−0382), and 11213 to Aeryon Labs, Inc. (see Docket No. 

FAA−2014−0642), the FAA found that the enhanced safety achieved using an unmanned 

aircraft (UA) with the specifications described by the petitioner and carrying no passengers or 

crew, rather than a manned aircraft of significantly greater proportions, carrying crew in 

addition to flammable fuel, gives the FAA good cause to find that the UAS operation enabled 

by this exemption is in the public interest.

Having reviewed your reasons for requesting an exemption, I find that—

• They are similar in all material respects to relief previously requested in Grant of 

Exemption Nos. 11062, 11109, 11112, and 11213;

• The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and 

11213 also apply to the situation you present; and 

• A grant of exemption is in the public interest.

Our 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, Woods Hole Oceanographic Institution 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), 91.119(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 operate a UAS to perform 

 

1 Aerial data collection includes any remote sensing and measuring by an instrument(s) aboard the UA. 

Examples include imagery (photography, video, infrared, etc.), electronic measurement (precision surveying, RF 

analysis, etc.), chemical measurement (particulate measurement, etc.), or any other gathering of data by 

instruments aboard the UA.
3

aerial data collection. This exemption is subject to the conditions and limitations listed 

below.

Conditions and Limitations

In this grant of exemption, Woods Hole Oceanographic Institution is hereafter referred to as 

the operator.

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

grounds for the immediate suspension or rescission of this exemption.

1. Operations authorized by this grant of exemption are limited to the APH−22, Mariner, 

DJI Phantom 2 Vision + when weighing less than 55 pounds including payload. 

Proposed operations of any other aircraft will require a new petition or a petition to 

amend this exemption.

2. Operations for the purpose of closed-set motion picture and television filming are 

not permitted. 

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

exemption holder 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.

5. The UA must be operated within visual line of sight (VLOS) of the PIC 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 the PIC’s FAA-issued airman medical certificate or 

U.S. driver’s license.

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

the visual line of sight (VLOS) of the PIC and VO at all times. The VO may be used 

to satisfy the VLOS requirement as long as the PIC always maintains VLOS 

capability. The VO and 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 the VO can perform the duties 

required of the VO.

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

operations in accordance with the conditions and limitations stated in this grant of 
4

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 and the procedures outlined in the operating documents, 

the conditions and limitations herein take precedence and must be followed. 

Otherwise, the operator must follow the procedures as outlined in its operating 

documents. The operator may update or revise its operating documents. It is the 

operator’s responsibility to track such revisions and present 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 grant of 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 grant of exemption. The FAA’s 

UAS Integration Office (AFS−80) may be contacted if questions arise regarding 

updates or revisions to the operating documents.

8. 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 must remain at 

least 500 feet from 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.

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

in a condition for safe operation.

10. 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.

11. The operator must follow the UAS manufacturer’s maintenance, overhaul, 

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

aircraft components.

12. Each UAS operated under this exemption must comply with all manufacturer 

safety bulletins.

13. Under this grant of 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 
5

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. The operator may not permit any PIC to operate unless the PIC demonstrates the 

ability to safely operate the UAS in a manner consistent with how the UAS will be 

operated under this exemption, including evasive and emergency maneuvers and 

maintaining appropriate distances from persons, vessels, vehicles and structures. PIC 

qualification flight hours and currency must be logged in a manner consistent with 

14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs 

(training, proficiency, and experience-building) and determining the PIC’s ability to 

safely operate the UAS in a manner consistent with how the UAS will be operated 

under this exemption are permitted under the terms of this exemption. However, 

training operations may only be conducted during dedicated training sessions. During 

training, proficiency, and experience-building flights, all persons not essential for 

flight operations are considered nonparticipants, and the PIC must operate the UA 

with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119.

15. 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.

16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as 

denoted in the current FAA Airport/Facility Directory (AFD) or for airports not 

denoted with an ARP, the center of the airport symbol as denoted on the current 

FAA-published aeronautical chart, unless a letter of agreement with that airport’s 

management is obtained or otherwise permitted by a COA issued to the exemption 

holder. The letter of agreement with the airport management must be made available 

to the Administrator or any law enforcement official upon request.

17. 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.

18. If the UAS loses communications or loses its GPS signal, the UA must return to a 

pre-determined location within the private or controlled-access property.

19. The PIC must abort the flight in the event of unpredicted obstacles or emergencies.

20. 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.

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

operations shall be conducted in accordance with an ATO-issued COA. The 
6

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

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

22. All aircraft operated in accordance with this exemption must be identified by serial 

number, registered in accordance with 14 CFR part 47, and have identification 

(N−Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must 

be as large as practicable.

23. 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.

24. The UA must remain clear and give way to all manned aviation operations and 

activities at all times. 

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

26. All Flight operations must be conducted at least 500 feet from all nonparticipating 

persons, vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons 

from the UA and/or debris in the event of an accident. The operator must ensure 

that nonparticipating persons remain under such protection. 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 ensuring the safety 

of nonparticipating persons; and

b. The owner/controller of any vessels, vehicles or structures has granted permission 

for operating closer to those objects and the PIC has made a safety assessment of 

the risk of operating closer to those objects and determined that it does not 

present an undue hazard.

The PIC, VO, operator trainees or essential persons are not considered 

nonparticipating persons under this exemption.

27. 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.

28. 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 (AFS−80) within 24 hours. Accidents must be 
7

reported to the National Transportation Safety Board (NTSB) per instructions 

contained on the NTSB Web site: www.ntsb.gov.

If this exemption permits operations for the purpose of closed-set motion picture and 

television filming and production, the following additional conditions and limitations apply.

29. The operator must have a motion picture and television operations manual (MPTOM) 

as documented in this grant of exemption.

30. At least 3 days before aerial filming, the operator of the UAS affected by this 

exemption must submit a written Plan of Activities to the local Flight Standards 

District Office (FSDO) with jurisdiction over the area of proposed filming. The 3-day 

notification may be waived with the concurrence of the FSDO. The plan of activities 

must include at least the following:

a. Dates and times for all flights;

b. Name and phone number of the operator for the UAS aerial filming conducted 

under this grant of exemption;

c. Name and phone number of the person responsible for the on-scene operation of 

the UAS;

d. Make, model, and serial or N−Number of UAS to be used;

e. Name and certificate number of UAS PICs involved in the aerial filming;

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

and/or local officials to conduct the filming production event; the list of those 

who gave permission must be made available to the inspector upon request;

g. Signature of exemption holder or representative; and

h. A description of the flight activity, including maps or diagrams of any area, city, 

town, county, and/or state over which filming will be conducted and the altitudes 

essential to accomplish the operation.

31. Flight operations may be conducted closer than 500 feet from participating persons 

consenting to be involved and necessary for the filming production, as specified in the 

exemption holder’s MPTOM.

Unless otherwise specified in this grant of 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, 61, and 91.
8

This exemption terminates on August 31, 2017, unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan

Director, Flight Standards Service

Enclosures
1

May 20th, 2015

Michael Moore

Mailstop 50, Biology Department

Woods Hole Oceanographic Institution

Woods Hole, MA 02543

U.S. Department of Transportation

Docket Operations

1200 New Jersey Ave., SE

Washington, DC 20590

RE: Petition for Exemption and Relief from Specific Regulations of Title 14 

of the Code of Federal Regulations Pursuant to Section 333 of the FAA 

Modernization and Reform Act of 2012 (Public Law 112-95) Regarding 

Commercial Employment of Unmanned Aircraft Systems (UAS)

Dear Sir/Madam,

Pursuant to Section 333 of Public Law 112-95 commonly known as the “Woods Hole 

Oceanographic institution hereby applies for authorization to conduct commercial 

unmanned aerial systems (UAS) operations within the United States National 

Airspace System (NAS) for the purpose of Research, Education and UAS platform 

development. 

Federal Register Summary

Pursuant to 14 CFR §11.81, the following summary is provided for publication in the 

Federal Register, should it be determined that publication is needed:

Woods Hole Oceanographic Institution seeks exemption from 14 CFR Part 21, 

Subpart H; 14 CFR Part 27; 14 CFR 45.23(b); 14 CFR 61.113(a)(b); 14 CFR 91.7(a); 14 

CFR 91.9(b)(2)(c); 14 CFR 91.103; 14 CFR 91.109(a); 14 CFR 91.119; 14 CFR 91.121; 

14 CFR 91.151(a); 14 CFR 91.203(a)(b); 14 CFR 91.405(a); 14 CFR 91.407(a)(1); CFR 

91.409(a)(1) and (a)(2); 14 CFR 91.417(a)(b) to allow commercial employment of 

Unmanned Aerial Systems (UAS) in support of research, education and UAS platform 

development in the areas of oceanography, limnology, and environmental science. 

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

property owners from the substantial hazards associated with performing equivalent 

work with conventional aircraft and rotorcraft.
2

The name and address of the applicant is:

Dr. Michael J Moore

Mailstop 50

Biology Department

Woods Hole Oceanographic Institution

Woods Hole, MA 02543

mmoore@whoi.edu

508 289 3228
3

GLOSSARY OF ABBREVIATIONS

AGL Above Ground Level

AOI Area of Interest

ATC Air Traffic Control

ATO Air Traffic Organization

AV Aerial Vehicle

CFR Code of Federal Regulations

COA Certificate of Authorization

FAA Federal Aviation Administration

FAR Federal Aviation Regulation

GCS Ground Control Station

LOL Loss of Link

NAS National Airspace System

NOTAM Notice to Airmen

PIC Pilot in Command

Section 333 FAA Modernization and Reform Act of 2012, Section 333

SOP Standard Operating Procedures

UA Unmanned Aircraft

UAS Unmanned Aircraft System

VFR Visual Flight Rules

VLOS Visual Line of Sight

VMC Visual Meteorological Conditions

VO Visual Observer
4

INTRODUCTION AND INTEREST OF THE PETITIONER

The use of small unmanned aerial systems (sUAS) in terrestrial commercial and 

science applications is now widespread and transforming agricultural assessments, 

environmental compliance regimes and spatial ecological science. These devices are 

used regularly to reduce costs, increase safety and boost knowledge of key 

agricultural parameters, to assess progress and environmental compliance in 

mining operations and occasionally to study the terrestrial habitats and 

aggregations of wildlife [3]. The use of sUAS in ocean science applications is also 

growing, and the availability of safe and sophisticated commercial hardware and 

software solutions is now facilitating their use by marine researchers. The use of 

sUAS by marine researchers can provide significant benefits including reduced

costs, greater survey efficiency, reduced wildlife disturbance, reduced risk to human 

pilots and observers and higher data quality and quantity, yet there are few 

programs exploring these opportunities. The Woods Hole Oceanographic Institution

is developing a UAS program to 1) help meet the growing educational needs of 

marine scientists seeking to use sUAS in ocean and coastal applications and; 2) to 

support sUAS-based research in coastal and marine environments nationally and 

internationally. To achieve these goals, our research program must engage in 

domestic sUAS operations for research, education and training purposes. Due to the 

nature of our work, these flights will occur predominantly in remote coastal areas, 

away from human activities and often exclusively over water. UAS are developing 

as a legitimate and robust means of conducting research that heretofore have been 

possible only from manned aircraft. Such traditional survey techniques are 

expensive, incur substantial risk to personnel and produce lower quality data. Our 

work addresses these issues through marine science UAS applications to the benefit 

of society at large.

OVERVIEW CHARACTERISTICS OF PROPOSED UAS

APH-22 Mariner DJI Phantom

Aircraft Type Multirotor (6) Multirotor (4) Multirotor (4)

Aircraft Weight 1.8kg/4 lbs 1.7 kg/3.8 1bs 1.0 kg/2.2 1bs

Max Take off 

Weight

1.8kg/4 lbs 2.0 kg/4.4 lbs 1.0 kg/2.2 1bs

Dimensions 812 x 812 mm 560 x 560 mm 360 x 360 mm 

Max Flight time 

(aprox)

30 min 22 min 25 min

Max airspeed 30kts 30kts 30kts

Propulsion Brushless DC motor Brushless DC 

motor

Brushless DC 

motor

Power 14.8 v 4 Cell Lithium 

Polymer battery

14.8 v 4 Cell 

Lithium Polymer 

battery

11.1 v 3 Cell 

Lithium Polymer 

battery
5

Payload Digital compact 

camera

Digital compact 

/Video camera

Digital compact 

/Video camera

Airframe material Aluminum Injection molded 

plastic

Injection molded 

plastic

QUALIFICATION FOR APPROVAL UNDER SECTION 333 OF THE REFORM ACT

The proposed operations in this petition for exemption qualify for expedited 

approval under Section 333 of the Reform Act. Each of the statutory criteria and 

other potentially relevant factors are satisfied. 

The proposed operations would permit the use of small and relatively inexpensive 

UAS under controlled conditions in airspace that is: (1) limited; (2) predetermined; 

(3) away from populated areas; (4) would provide an increased level of safety 

beyond that existing when fixed or rotor wing aircraft are used to accomplish the 

same purpose.

The UAS's planned to be operated are rotorcraft, each weighing typically less than 

15 lbs., and always less than 55 lbs., including payload. They would operate, under 

normal conditions, at a speed of no more than 30 knots. The principal construction 

material of the UAS aircraft would typically be foam, carbon fiber, aluminium 

and/or plastic. Operations will be performed by a qualified UAS Pilot in Command 

(PIC), as outlined below, to insure that the UAS will "not create a hazard to users of 

the national airspace system or the public." Given the small size of the UAS involved 

and the pre-planned environment within which they will operate, the applicant 

believes that these operations fall squarely within that zone of safety (an equivalent 

level of safety) in which Congress envisioned that the FAA must, by exemption, 

allow commercial operations of UAS to commence immediately. Also, due to the 

size of the UAS and the pre-defined, restricted area in which the UAS will operate 

approval of the application presents no national security issue. The operation of UAS 

by knowledgeable professionals will serve to enhance safety, add to the public 

benefit, and reduce environmental impacts related to current methods of manned 

aircraft flight operations. These limitations and conditions to which the operator, or 

its employees, acting as UAS PIC agrees to be bound when conducting commercial 

operations under a FAA issued exemption:

1. Operations authorized by this grant of exemption are limited to the following 

aircraft: APH-22, Mariner and DJI Phantom

2. UA (aircraft and payload) will weigh less than 55lbs.

3. UA will be operated at altitudes not greater than 200 feet AGL. Altitudes 

reported to ATC will be in feet AGL.

4. UA will be flown at ground speeds not greater than 30 knots.
6

5. The UAS PIC will 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 recent flight experience 

requirement stated in 14 CFR § 61.57 and flight review requirements stated 

in 14 CFR § 61.56. 

6. In addition to holding an FAA issued airman certificate, UAS PIC must 

complete a Woods hole Oceanographic Institution UAS Training Program. 

This training will include detailed review of manufacturer operating manuals

and practical demonstration of ability to safely operate UAS in a manner 

consistent with how the UAS will be operated under this exemption (to 

include evasive and emergency maneuvers and maintaining appropriate 

distances from persons, vehicles, vessels and structures). PIC qualification 

will have a currency requirement of at least three take-offs and landings 

within the preceding 90 days. PIC qualification flight hours will be logged in 

a manner consistent with 14 CFR § 61.51. 

7. UA will not be operated within 5 nautical miles (NM) of an airport having an 

operational control tower, or 3 NM of an airport with a published instrument 

flight procedure but not an operational control tower, or 2 NM of an airport 

without a published instrument flight procedure or operational control 

tower, or 2 NM of a heliport with a published instrument flight procedure. 

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

other airspace is required, the relevant controlling agency will be notified at 

least 24 hours prior to the operation and, if required, any necessary 

permission obtained

8. UAS flights will operate within visibility and cloud clearance requirements 

equivalent to Visual Flight Rules (VFR).

9. UAS operations will not be conducted during night, as defined within 14 CFR 

§ 1.1.

10. UA flights over land will not be operated by the PIC from any moving vehicle 

or device. UA flights conducted entirely over water may be operated from a 

suitable vessel.

11. UA will not be operated from a raised platform.

12. The UA will remain clear of and yield right of way to manned aviation 

operations.

13. UA will be operated within visual line of sight (VLOS) of the PIC at all times. 

The PIC will use human vision unaided by device other than corrective lenses 

as specified on PIC’s FAA medical certificate or drivers license.

14. UAS operations will employ a visual observer (VO). The VO may be used to 

satisfy the VLOS requirement as long as the PIC maintains VLOS capability. 

The VO and PIC must be able to communicate verbally for the duration of the 
7

flight. Electronic messaging or texting is not allowed during flight 

operations.

15. The VO will perform no duties other than assisting the PIC see and avoid 

other aircraft, obstacles, persons or property.

16. UAS will be equipped with an autopilot system which will be at least 

equivalent to a MikroKopter system. The UAS will utilize GPS navigation, 

failsafe’s, return-to-home (RTH) and flight abort safety features.

17. Prior to each flight the PIC will inspect the UAS to ensure it is in a condition 

for safe flight. Checklists developed from manufacturer operating documents 

will be the basis for this inspection. If the inspection reveals a condition that 

affects safe operation of the UAS, the aircraft is prohibited from operating 

until necessary maintenance has been performed and the UAS is found to be 

in a safe condition for flight. The Ground Control Station must be included in 

the preflight inspection.

18. All UAS operations will be conducted over remote and sparsely populated 

property or over open waters. Permission for flight will be obtained in 

advance from property owners or controlling agency. A Ground Station will 

be connected, by radio communication, to the UAS during the entire flight, 

which will give the PIC flight information such as GPS Position, Altitude, Air 

speed, Battery Remaining, and other telemetry information.

19. Flight boundaries will be established for each flight and such boundaries will 

be designed such that the UA will pass no closer than 500 feet from 

nonparticipating persons, vehicles or structures.

20. If the UAS loses communications or loses GPS signal, the UA will return to a 

predetermined location within the established flight boundary and land or be 

recovered in accordance with manufacturer operations documents.

21. The PIC will abort any flight in the event of unpredicted obstacles, 

occurrence of adverse weather or loss of UAS flight control capability in 

accordance with manufacturer operations documents.

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

forecast conditions) there is enough power to fly the planned route to the 

intended landing point and land the UAS with 25% of battery capacity 

remaining.

23. Documents required by 14 CFR § 91.9 and 91.203 will be available to the PIC 

at the Ground Control Station of the UAS whenever the aircraft is operating. 

These documents will be made available to the Administrator or any law 

enforcement official upon request.

24. Before conducting flight operations, the radio frequency spectrum used for 

operation and control of the UA must comply with Federal Communications 

Commission (FCC) or other appropriate government oversight agency 

requirements.
8

25. A Flight Operations and Maintenance Log will be maintained for each UAS. 

Cumulative flight hours, maintenance activities, repairs, alterations and 

inspections will be noted.

26. Any UAS maintenance or alterations that affect UAS operation or flight 

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

a functional test flight. The PIC who conducts the functional test flight must 

make an entry in the Flight Operations and Maintenance Log.

SPECIFIC SECTIONS OF 14 CFR FROM WHICH PETITIONER SEEKS EXEMPTION 

OR RELEIF

14 CFR Part 21, Subpart H – Airworthiness Certificates and 14 CFR § 

91.203(a)(1)

The FAA has stated that no exemption is needed from this section if a finding is 

made under Part 11 and Section 333 of the Reform Act that the UAS selected 

provides an equivalent level of safety when compared to civil aircraft normally used 

for the same application. The petitioner submits that given the small size of the 

UAS, the limited operating areas and procedures defined within the training and 

operations section of the petition, an equivalent level of safety is obtained and 

exemption is not required (see Grant of Exemption to Astraeus Aerial, Docket No. 

FAA-2014-0352). If however, the FAA determines that there are some 

characteristics of the chosen UAS that fail to meet the requirements of the Reform 

Act, an exemption is requested.

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 § 45.23 (a)(b) and 91.9 (c) – Marking of the Aircraft

Regulation 45.23 provides: (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 
9

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.

The UAS has no entrance to the cabin, cockpit or pilot station on which markings can 

be placed. Given the small size of the UAS, two-inch lettering will not be possible. In 

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

requirements was warranted provided that the aircraft “have identification (NNumber) markings in accordance with 14 CFR Part 45, Subpart C if the markings are 

as large as practicable.” The petitioner additionally proposes to place all required 

markings, placards, flight envelope restrictions, cautionary notices in an easily 

visible location at the UAS Ground Control Station. The FAA has issued several 

exemptions to this regulation: see Exemptions Nos. 8738, 10167, 10167A and 

10700.

14 CFR § 91.9(b)(2) – Aircraft Flight Manual in the Aircraft

Regulation 91.9 stipulates (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.

Given the size of the UAS, they have no place or ability to carry a flight manual 

aboard the aircraft. An equivalent level of safety will be achieved by keeping the 

flight manual at the Ground Control Station where the pilot operating the UAS will 

have immediate access to it. The FAA has issued several exemptions to this 

regulation: see Exemptions Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 10167, 

10602, 32827 and 10700.

14 CFR § 61.113 (a)(b) and 61.133(a)(i)(ii) – Private and Commercial Pilot 

Privilege and Limitations

Regulation 61.113 stipulates (a) Except as provided in paragraphs (b) through (h) of 

this section, no person who holds a private pilot certificate may act as pilot in 

command of an aircraft that is carrying passengers or property for compensation or 

hire; nor may that person, for compensation or hire, act as pilot in command of an 

aircraft.

(b) A private pilot may, for compensation or hire, act as pilot in command of an 

aircraft in connection with any business or employment if: (1) The flight is only 
10

incidental to that business or employment; and (2) The aircraft does not carry 

passengers or property for compensation or hire.

Regulation 61.133 stipulates (a) Privileges—(1) General. A person who holds a 

commercial pilot certificate may act as pilot in command of an aircraft—

(i) Carrying persons or property for compensation or hire, provided the person is 

qualified in accordance with this part and with the applicable parts of this chapter 

that apply to the operation; and

(ii) For compensation or hire, provided the person is qualified in accordance with this 

part and with the applicable parts of this chapter that apply to the operation.

Unlike a conventional aircraft that carry pilot, passengers and cargo, the proposed 

UAS are remotely controlled and carry no persons or cargo. The UAS are capable of 

a high degree of flight automation and employ technical capabilities that limit the 

potential for operation in an unintended manner. It is the petitioner’s belief that 

given the size, weight, speed, operating environment and operating capabilities of 

the UAS, an equivalent level of safety may be obtained by stipulating the UAS 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 Colombia, 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. 

The FAA has issued several exemptions to this regulation: see Exemptions Nos. 

11284, 11281, 11282 and 11296.

14 CFR § 91.7(a) – Civil Aircraft Airworthiness

Regulation 91.7 stipulates (a) No person may operate a civil aircraft unless it is in an 

airworthy condition.

Should this exemption be granted allowing commercial operation of UAS without an 

airworthiness certificate, no FAA regulatory standard will exist for airworthiness of 

the UAS. An equivalent level of safety will be obtained by ensuring compliance with 

UAS operator and maintenance manuals and safety checklists prior to each flight.

14 CFR § 91.121 – Altimeter Settings

Regulation 91.121 requires that (a) Each person operating an aircraft shall maintain 

the cruising altitude or flight level of that aircraft, as the case may be, by reference to 

an altimeter that is set, when operating— (1) Below 18,000 feet MSL, to— (i) The 

current reported altimeter setting of a station along the route and within 100 nautical 

miles of the aircraft; (ii) If there is no station within the area prescribed in paragraph 
11

(a)(1)(i) of this section, the current reported altimeter setting of an appropriate 

available station; or (iii) In the case of an aircraft not equipped with a radio, the 

elevation of the departure airport or an appropriate altimeter setting available before 

departure.

Conventional aircraft are provided altitude data by a barometric altimeter that is 

most commonly set to a local barometric pressure and therefore reports altitude 

relative to MSL (Mean Sea Level). UAS operations are restricted to altitudes no 

greater than 200 feet AGL (Above Ground Level). For those UAS with a barometric 

sensor, greater utility and an equivalent level of safety will be obtained by setting 

the altimeter to read “zero altitude” when the UAS is on the ground prior to takeoff 

thus providing an AGL altitude readout. If no barometric sensor is aboard the UAS, a 

GPS derived altitude similarly set to zero at the takeoff point will provide an 

equivalent level of safety. The FAA has issued several exemptions to this regulation: 

see Exemptions Nos. 11066, 11065, 11062 and 11063.

14 CFR § 91.151 – Fuel Requirements for Flight in VFR Conditions

Regulation 91.151 stipulates that (a) No person may begin a flight in an airplane 

under VFR conditions unless (considering wind and forecast weather conditions) there 

is enough fuel to fly to the first point of intended landing and, assuming normal 

cruising speed—(1) During the day, to fly after that for at least 30 minutes; or (2) At 

night, to fly after that for at least 45 minutes. (b) No person may begin a flight in a 

rotorcraft 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, to fly after that for at least 20 minutes.

This regulation is written based on the capabilities of traditional civil aircraft which 

typically have flight times with full fuel of several hours. For the majority of UAS 

which have flight times of an hour, or much less, this regulation would effectively 

deny an ability for the UAS to operate. The petitioner submits that an equivalent 

level of safety will be obtained by requiring that no UAS flight will begin unless 

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

planned route to the first point of intended landing and land with 25% of battery 

capacity in reserve. This restriction would be more than adequate to return the 

sUAS to its planned landing zone from anywhere in its limited operating area. 

The FAA has issued several exemptions to this regulation: see Exemptions Nos. 

2689F, 5745, 10673 and 10808.

14 CFR § 91.405(a), 91.407(a)(1), 91.409(a)(2), 91.417(a) and (b) –

Maintenance Inspections
12

Regulation 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...” Regulation 91.407(a)(1) similarly 

makes reference to requirements in Part 43. Regulation 91.409(a)(2) requires an 

annual inspection for the issuance of an airworthiness certificate. Regulation 

91.417(a) and (b) requires the owner or operator to keep records showing certain 

maintenance work that has been accomplished by certificated mechanics, under Part 

43, or licensed pilots and records of approval of the aircraft for return to service.

Exemption from these regulations is needed because Part 43 and these sections 

apply only to aircraft with an airworthiness certificate. An equivalent level of safety 

will be obtained by requirement that each UAS will have a flight and maintenance 

log. Maintenance and inspections will be accomplished in accordance with 

manufacturer recommendations. The FAA has issued several exemptions to this 

regulation: see Exemptions Nos. 11066, 11062, 11067A and 11065.

14 CFR § 91.103 – Preflight Action

Regulation 91.103 stipulates Each pilot in command shall, before beginning a flight, 

become familiar with all available information concerning that flight. This 

information must include—(a) For a flight under IFR or a flight not in the vicinity of 

an airport, weather reports and forecasts, fuel requirements, alternatives available if 

the planned flight cannot be completed, and any known traffic delays of which the 

pilot in command has been advised by ATC; (b) For any flight, runway lengths at 

airports of intended use, and the following takeoff and landing distance information: 

(1) For civil aircraft for which an approved Airplane or Rotorcraft Flight Manual 

containing takeoff and landing distance data is required, the takeoff and landing 

distance data contained therein; and

(2) For civil aircraft other than those specified in paragraph (b)(1) of this section, 

other reliable information appropriate to the aircraft, relating to aircraft performance 

under expected values of airport elevation and runway slope, aircraft gross weight, 

and wind and temperature.

The petitioner seeks exemption to the extent that an FAA-approved Flight Manual is 

required. An equivalent level of safety will be provided by following the Operations 

Manual provided by the manufacturer. Additionally, the PIC will conduct preflight 

actions, to include performing all required checklists, reviewing weather, flight 

requirements, battery charge, landing and takeoff distance, aircraft performance 

data, and contingency landing areas, before initiation of flight.

14 CFR § 91.109 – Flight Instruction
13

Regulation 91.109 stipulates, in part, that (a) 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.

UAS by their design do not have fully functional dual controls. Flight control is 

accomplished through the use of a control interface that communicates with the 

aircraft via radio. Given the size, speed and limited operational parameters of the 

UAS, an equivalent level of safe training can be performed without dual controls. 

The FAA has issued several exemptions to this regulation: see Exemptions Nos. 

11066, 11062, 11067A and 11065.

14 CFR § 91.119 – Minimum Safe Altitudes

Regulation 91.119 stipulates, in part, that, Except when necessary for takeoff or 

landing, no person may operate an aircraft below the following altitudes: 

(a) Anywhere. An altitude allowing, if a power unit fails, an emergency landing 

without undue hazard to persons or property on the surface. (b) Over congested 

areas. Over any congested area of a city, town, or settlement, or over any open air 

assembly of persons, an altitude of 1,000 feet above the highest obstacle within a 

horizontal radius of 2,000 feet of the aircraft. (c) Over other than congested areas. 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.

An exemption to 91.119(c) is required because UAS operations will be conducted at 

altitudes no greater than 200 feet above the surface. The size, speed, weight and 

limited operational parameters of the UAS allow for an equivalent level of safety.

WHY GRANTING THIS PETITION IS IN THE PUBLIC INTEREST

As introduced above, the requested exemption would authorize the Applicant to 

perform commercial operations with sUAS that will provide significant benefits to 

the public interest:

1. The commercial use of sUAS to perform marine research and educational 

activities at Woods Hole Oceanographic Institution in support of government 

entities, private research institutions, scientific studies and wildlife 

monitoring, all of which are critical to the well-being of the general public. 

This includes rapid studies of coastal geomorphology crucial to storm 

assessments and sea level rise, water quality studies, wildlife population 

assessments and critical habitat mapping.

2. A significant reduction in costs to conduct research, training and education 

programmes. At present, our marine research programs that use aerial 
14

surveys can cost tens of thousands of dollars per day. By incorporating sUAS 

into these programs we can incur significant savings and more efficiently 

conduct research in the public interest

3. The use of sUAS will decrease congestion in the National Airspace System 

along with reducing the noise and air pollution generated during traditional 

manned aircraft flight operations.

4. When using UAS to complement field personnel, they reduce safety concerns 

when gathering data from inaccessible or unstable/unsafe areas and in 

extreme weather or terrain.

5. Operation of sUAS will substantially reduce the risk to life and property in 

the air, and on the ground, which is commonly associated with traditional 

manned aircraft flight operations for marine science missions.

6. Similar to the current manned aircraft flight operations in marine science 

that have been conducted for many decades, sUAS used for similar tasks will 

not generate any new privacy issues.

Approval of this exemption would thereby enhance safety and fulfill the Secretary of 

Transportation’s (the FAA Administrator's) responsibilities under Section 333(c) of 

the Reform Act to "establish requirements for the safe operation of such aircraft 

systems in the national airspace system." Approval of this exemption will allow for 

safer, more efficient and less costly marine science missions, and produce much 

higher data quality.

SUMMARY OF REGULATIONS FROM WHICH PETITIONER SEEKS EXEMPTION 

OR RELIEF

14 CFR Part 21, Subpart H

14 CFR Part 27

14 CFR 45.23(b)

14 CFR 61.113(a)(b)

14 CFR 91.7(a)

14 CFR 91.9(b)(2)(c)

14 CFR 91.103

14 CFR 91.109(a)

14 CFR 91.119

14 CFR 91.121

14 CFR 91.151(a)

14 CFR 91.203(a)(b)

14 CFR 91.405(a)

14 CFR 91.407(a)(1)

CFR 91.409(a)(1) and (a)(2)

14 CFR 91.417(a)(b) 
15

SUPPORTING AND TECHNICAL DOCUMENTS

To be delivered under separate attachment

WHOI APH-22 operating manual

WHOI Mariner operating manual

WHOI Phantom operating manual