July 09, 2015

Weber State University

Risk Management

1031 Dixon Parkway DEPT 1031

Ogden, UT 84408-1031

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

RE: Exemption Request for Weber State University under Section 333 of the FAA Modernization 

and Reform Act 

Dear Sir/Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012, Weber State 

University, a public institution in UT, seeks exemption from the requirements of 14 C.F.R. Part 11 

to operate Unmanned Aircraft Systems. This exemption request will permit Weber State 

University to operate Unmanned Aircraft Systems (UAS) for teaching, research, and facilities 

inspections within the National Airspace System (NAS).

Weber State University submits that the requested exempt under section 333 is proper since an 

equivalent level of safety will be ensured. The University will utilize experienced personnel to fly 

UASs using the methods, techniques, and practices prescribed in the operating manual of each 

system. Furthermore, the University will ensure that it meets all of the requirements based on 

the UAS's size, weight, speed and operational capability; operation of the UAS at or below 400 

feet above ground level; and operation of the UAS within the visual line of sight of the operator. 

Purpose of UAS operation and why this petition is in the public interest 

Weber State University intends to use UAS to acquire aerial imagery, research, training, and 

educational programs; all of which are beneficial to society. Some of the specific purpose for 

which UASs will be employed includes studies of water and air quality, wildlife population 

assessments, habitat mapping, geological aerial surveys, aerial imagery of the University, and 

facilities (roofs) inspections.
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The use of UAS will significantly reduce safety concerns in areas where terrain or subject matter 

is inaccessible, inhospitable, hazardous and unsafe to enter, or may cause undue injury or loss of 

life.

By incorporating UAS into the identified programs, the University stands to gain significant 

savings while maintaining higher safety standards. With Weber State University being a public 

entity, savings from the UAS will directly reduce the cost of operating the University which 

directly benefits the public. 

Since all of the UAS’s in the University fleet are battery powered and serve as a safe, efficient, 

and economical alternative to the manned aircraft, the public stands to benefit from reduced 

pollution, noise, as well as increase the safety of life and property in the air and on the ground.

Furthermore, the use of UAS by the University would reduce congestion around airports caused 

by arriving and departing aircraft. UAS do not require an airport to takeoff or land. Use of UAS 

would result in fewer aircraft that must be handled by air traffic control during takeoff, flight 

duration, and landing phases of flight operations

The name and address of the Petitioner and point of contact is:

Weber State University

Risk Management

Attn: Abel Mkina

1031 Dixon Parkway Dept. 1031

Ogden, UT 84408-1031

Regarding the Unmanned Aircraft System 

Weber State University will employ the following UAS in its fleet

1. DJI Phantom 3 Advanced

2. DJI Phantom 2 Vision+

3. DJI Phantom 2 Vision

4. DJI Phantom 1

5. DJI Phantom 2

6. DJI Inspire 1

The following attachments, UAS User Manuals, support Weber State University Section 333 

Exemption Request 

• Exhibit 1 - DJI Phantom 2 Vision+ User Manual (EN) v1.8

• Exhibit 2 - DJI Phantom 2 Vision+ Pilot Training Guide (EN) v1.1

• Exhibit 3 - DJI Phantom 2 Vision User Manual (EN) v1.8

• Exhibit 4 - DJI Phantom 2 Vision Pilot Training Guide v1.0
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• Exhibit 5 - DJI Phantom 3 Advanced User Manual (EN) v1.2

• Exhibit 6 - DJI Phantom 1 Manual (EN) v1.4

• Exhibit 7 - DJI Phantom 2 User Manual (EN) v1.4

• Exhibit 8 - Inspire 1 User Manual (EN) v1.2

• Exhibit 9 - Inspire 1 Maintenance Manual v1.0

Regarding the Operation of the Unmanned Aircraft 

 

Below is a summary of operational limitations and conditions which will ensure higher level of 

safety to people and property based on regulatory guidelines:

• UAS speed is limited to a maximum of 33.5 miles per hour

• UAS will not be flown at an altitude that exceeds 400 feet AGL

• UAS will always weigh less than the maximum allowed weight of 55lbs 

• UAS will be flown in such a way that they can be safely terminated. There will always be

two individuals; one piloting the UAS and the other operating as a visual observer. 

• All of the UAS in the fleet have an integrated GPS system that calculates the UAS's 

position and altitude and relays that information to the pilot on the ground. 

• Additionally, the UASs contains a failsafe mode. If its connection to the remote control is 

lost, the system is programed for the UAS to return to a predetermined location.

• Due to Weber State University’s location, UAS shall not be operated without prior 

approval of the FAA and remain well clear of and do not interfere with manned aircraft 

operations

• UAS will only be operated during daytime meeting the visibility and cloud clearance 

requirements

• UAS will not be used to monitor or record areas where there is a reasonable expectation 

of privacy.

• If at any time the operator sees or hears another aircraft and it appears that aircraft may 

come within one mile of the UAS, or it is questionable whether or not it will do so, UAS 

pilot will immediately descend the UAS and direct it towards the designated landing area, 

or alternate landing area. Flight will resume after it has been determined that the other 

aircraft has maintained a separation of at least one mile.

• Prior to UAS flight, the pilot and observer will preplan the flight and go over possible 

contingencies and emergency procedures

Summary of Regulations from which Weber State University seeks exemption 

 

• 14 CFR Part 21, Subpart H – Airworthiness Certificates

Section 333 of the Reform Act 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. The UASs that will be used by Weber State 
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University are safe when taking into account their size, weight, speed, and 

operational capability, therefore an airworthiness certificate is not applicable.

• 14 CFR Part 27 – Airworthiness Standards: Normal Category Rotorcraft

The UASs in the Weber State University fleet are safe when taking into account 

their size, weight, speed, and operational capability, therefore an airworthiness 

certificate is not applicable. Additionally, Weber State University UASs will carry 

neither pilots, passengers, explosive materials, nor flammable liquid fuels.

• 14 CFR 45.23(b) – Aircraft Marking and Identification Requirements

Due to the size of the UAS, there is no enough space where markings can be 

placed, however, the University will be ready to mark all of the UASs in its fleet if 

required to do so.

• 14 CFR 61.113(a)(b) – Private Pilot Privileges and Limitations

Even though UASs in the Weber State University fleet will not carry a pilot or 

passengers, the University will still operate UAS by following all safety protocols 

including but not limited to flying at or below 400 feet above ground level, 

minimum of 2 crew members where one piloting the UAS and the other providing 

visual observation, and following all requirements to ensure compliance with 

safety regulations. 

These UASs come with built-in safety features and characteristics including 

navigation (gps) system and autopilot features that will limit the UAS ability to 

operate outside of the predetermined flight area and capabilities. Furthermore, 

UAS automated features and advanced fly-safe controls consistently enable safe 

and reliable operation.

• 14 CFR 91.7(a) – Civil Aircraft Airworthiness

In accordance with 14 C.F.R. Part 21, Subpart H, UASs do not require an 

airworthiness certificate, however, the University will follow and apply safety 

standards as outlined in the UAS operating manuals and by applying safety and 

pre-flight checklists and following maintenance standards.

• 14 CFR 91.9(b)(2)(c) – Civil Aircraft Flight Manual in the Aircraft

The UASs in the Weber State University fleet are small in size and there is no 

cabin or cockpit. There is no room onboard to carry a flight manual. The UASs do 

not carry a pilot (s), crew, or passenger(s). Operating and User manuals will be 

with the UAS pilot during the flight.

• 14 CFR 91.103 – Preflight Action

To provide for an equivalent level of safety as required by 14 CFR § 91.103, the 

following protocols will be in effect; The Pilot in Command and visual observer will 
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take all actions including: systematic and comprehensive pre-flight checks (visual 

inspection of the UAS, battery charge checks, gps functionality, and verify 

communication between the UAS Control and UAS), 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. In addition to preflight checks and inspections, 

operators are required to notify and get approvals from University Risk 

Management and Public Safety. These departments will ensure compliance with 

FAA, Federal, State, and University regulations, policies, and requirements. 

• 14 CFR 91.109(a) – Flight Instruction

UAS 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. Given the size and speed of the UAS that Weber State University 

has in its fleet, an equivalent level of safe training can still be performed without 

dual controls because no pilot or passengers are aboard the UAS. Other weight 

and material characteristics and features of UASs are also considered contributing 

factors for safety.

• 14 CFR 91.119 – Minimum Safe Altitudes

This section establishes safe altitudes for operation of civil aircraft. An equivalent 

level of safety will be achieved given the size, weight, and speed of the UASs. In 

order to avoid risks to manned aircraft, flight operations will be restricted to 400 

feet above ground level or below. No flight operations will occur without the 

permission of the property owner or land management agencies.

If at any time the operator sees or hears another aircraft and it appears that 

aircraft may come within one mile of the UAS, or it is questionable whether or not 

it will do so, UAS pilot will immediately descend the UAS and direct it towards the 

designated landing area, or alternate landing area. Flight will resume after it has 

been determined that the other aircraft has maintained a separation of at least 

one mile.

• 14 CFR 91.121 – Altimeter Settings

The UASs in the Weber State University fleet do not have a typical barometric 

altimeter onboard. However, altitude information of the UAS will be provided to 

the pilot on the ground via Global Positioning System (GPS) equipment and radio 

communications telemetry data link, which downlinks from the UAS to the pilot 

for active monitoring of the flight path. This altitude information, combined with 

visual line of sight, at or below 400 feet above ground level, will ensure a level of 

safety equivalent to Section 91.121.
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• 14 CFR 91.151(a) – Fuel Requirements for Flight in VFR Conditions

All of Weber State University UAS flights operations will be terminated when 25% 

battery power reserve is reached. In the unlikely event that the UAS battery is 

drained, UASs in the fleet have built-in capabilities to auto land hence reducing 

risks to people and property. 

• 14 CFR 91.203(a)(b) – Carrying Civil Aircraft Certification and Registration

Due to the small size of the UASs, there is no open cabin or cockpit. There is no 

space, or onboard storage place located in/on the UAS in which to carry 

certification and registration documents. The UAS will neither carry a pilot, 

passenger, nor will it carry flammable fuel.

• 14 CFR 91.405(a); 14 CFR 91.407(a)(1); 14 CFR 91.409(a)(1) and (a)(2); and 14 CFR 

91.417(a)(b) – Maintenance Required

All of the UASs in the Weber State University fleet will follow the maintenance 

and inspections as recommended by the manufacturer in the manufacturer’s 

manuals and manufacturer safety bulletins. UAS software will be updated as 

recommended by the manufacturer. Furthermore, Weber State University will 

use experienced personnel or technicians to perform maintenance, alterations, or 

preventive maintenance on the UASs using the methods, techniques, and 

practices prescribed in the operating manuals

Conclusion 

This Petition for Exemption meets all the criteria articulated in Section 333 of the Reform Act of 

2012 including weight, speed, operating capabilities, and operation within visual line of sight. 

Approval of this exemption will allow for safer, efficient and cost savings for the University and 

the public at-large in fulfilling the mission of the University.

In case you have any questions, concerns, or if you need additional information to support this 

exemption request, feel free to contact me.

Sincerely,

Abel M Mkina

Weber State University

Risk Management

1031 Dixon Parkway Dept. 1031

Ogden, UT 84408-1031

Phone: 801-626-6832

Email: amkina@weber.edu