Mark E. McKinnon

Matthew J. Clark

Mark.McKinnon@dentons.com

Matthew.Clark@dentons.com

D 703.336.8708

D 703.336.8714

Dentons US LLP

1676 International Drive • Penthouse

McLean, VA 22102

United States

T 703.336.8800

F 703.336.8750

Salans FMC SNR Denton

McKenna Long

dentons.com

July 8, 2015

To Whom it May Concern:

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

and 14 C.F.R. Part 11, The University of Vermont and State Agricultural College (hereinafter

sometimes referred to as "UVM or "the Petitioner") hereby applies for a Summary Grant of

Exemption from the Federal Aviation Regulations (FARs) identified below, to operate small

unmanned aerial vehicles (i.e., small unmanned aircraft systems or UAS) for the purpose of

conducting aerial data collection, including various mapping applications and remote sensing and

surveying, in support of its education and research operations. Specifically, UVM seeks approval to 

operate the SenseFly eBee series of aircraft, the DJI Phantom series of aircraft, and the DJI 

Spreading Wing series of aircraft. UVM respectfully submits that this Petition for Exemption

qualifies for expedited approval, as the Federal Aviation Administration (FAA) has previously

issued grants of exemption in circumstancessimilar in all material respectsto those presented herein. 

In addition to this Petition for Exemption, UVM will also submit The University UAS

Operations Manual under separate cover. UVM submits this Operations Manual as a confidential

document underseparate cover pursuant to 14 C.F.R. § 11.35(b), asthe material contain confidential

commercial and proprietary information that UVM has not and will not share with others. The

information contained in the Operations Manual is not generally available to the public and is

protected from release under the Freedom of Information Act, 5 U.S.C. § 552 et seq.

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

Re: Petition of The University of Vermont and State Agricultural College for Summary

Grant of Exemption Pursuant to Section 333 of the FAA Modernization and Reform

Act of 2012
 

U.S. Department of Transportation

July 8, 2015

Page 2

For your convenience, this Petition is organized as follows:

TABLE OF CONTENTS

PAGE

I. BACKGROUND & DESCRIPTION OF PETITIONER................................................................3

II. DESCRIPTION OF PROPOSED OPERATION...........................................................................4

III. RELEVANT STATUTORY AUTHORITY .................................................................................5

IV. UVM'S PROPOSED UAS OPERATIONS MEET THE REQUIREMENTS OF SECTION 

333 OF THE REFORM ACT ...................................................................................................6

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

Operational Capability.............................................................................................6

B. Approval is Warranted Based on the Operational Restrictions in UVM's 

Operating Documents ..............................................................................................7

V. REGULATIONS FROM WHICH EXEMPTION IS SOUGHT......................................................7

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

Requirements ...........................................................................................................8

B. 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2); 91.417(a) and (b): 

Maintenance Inspections..........................................................................................9

C. 61.23(a) and (c), 61.113, 61.101(e)(4) and (5), 61.315: Private, 

Recreational and Sport Pilot Medical Certificate, Privileges and 

Limitations.............................................................................................................10

D. 91.7(a): Civil Aircraft Airworthiness....................................................................11

E. 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft and 91.203(a) and 

(b): Carrying Civil Aircraft Certification and Registration ...................................11

F. 91.103: Preflight Action........................................................................................12

G. 91.109(a): Flight Instruction .................................................................................12

H. 91.119(c): Minimum Safe Altitudes Over Other Than Congested Areas..............13

I. 91.121: Altimeter Settings....................................................................................13

J. 91.151(a): Fuel Requirements for Flight in VFR Conditions................................14

VI. DRUG AND ALCOHOL PROGRAM ......................................................................................15

VII. PUBLIC INTEREST..............................................................................................................15

VIII. PRIVACY ............................................................................................................................15

IX. FEDERAL REGISTER SUMMARY........................................................................................15

X. CONCLUSION .....................................................................................................................16
 

U.S. Department of Transportation

July 8, 2015

Page 3

I. BACKGROUND & DESCRIPTION OF PETITIONER

The University of Vermont and State Agricultural College is a public research university

located in Burlington, Vermont. Founded in 1791, UVM is the fifth oldest university in New

England. UVM is the State of Vermont’s land grant university. UVM currently enrolls 9,958

undergraduate students, 1,371 graduate students, and 459 medical students, and 1,034 non-degree

students. There are 1,098 full-time faculty and 266 part-time faculty. UVM offers 100 majors in 7

undergraduate schools and colleges, 46 master's degree programs; 21 doctoral programs; and an

M.D. program. In addition to its 460 acre main campus UVM maintains a number of specialized

facilitiesincluding: Lakeside Rubenstein Ecosystem Science; Stafford Center for Microbiology and

Molecular Genetics; nine natural areas, including Mt. Mansfield summit; Weybridge Morgan Horse

Farm; four research farms supporting animal and dairy science, horticulture, and maple research.

The University of Vermont Health Network also operates the University of Vermont Medical Center

in alliance with the University and serves as Vermont’s academic medical center.

The scope of research at the University of Vermont is broad and diverse, including the fields

of human health, energy, food systems, neuroscience, complex systems, animal science, the

environment and more. Our community of scholars is engaged in research and discovery that will

find solutions to the grand challenges (water, food, energy, security, health and healthcare) we face

as a people and a planet.

UVM has a long history of applied research using geospatial technology, including working

closely with state and local agencies to help solve pressing issues in natural resources, agriculture,

transportation, healthcare, energy, archeology, urban planning, and emergency response. UAS offer

an exciting new technology platform for aerial data collection that will help advance applied

research in these fields in addition to providing educational opportunities for its student body. UAS

would also help to overcome weather conditions in the state that often impact the use of traditional

remote sensing technologies such as satellite and aerial systems. UVM has a number of federal

grants that would directly benefit from the application of UAS technology.

There is significant interest from government and industry partners throughout the state on

UAS operations and applications. A Section 333 Grant of Exemption would allow UVM to advance

its research and applications using UAS technology. Specifically, UVM is most interested in the

application of small, lightweight commercial UAS to generate geospatial-mapping products. The

rural nature of the state, combined with the limited number of airports and National Parks, makes

Vermont an excellent state to carry out small UAS operations. For these reasons, and many more,

UVM seeks an exemption for commercial operations of small UAS for the purpose of conducting

aerial data collection. 

In accordance with 14 C.F.R. § 11.81(a), UVM providesthe following information in support

of its Petition for Exemption.

The contact information for Petitioner is as follows:
 

U.S. Department of Transportation

July 8, 2015

Page 4

Dan Harvey

Chief of Staff

Office of the Vice President for Research

330 Waterman Building

Burlington, Vermont 05405

Phone: (802) 656-2918

Email: djharvey@uvm.edu

II. DESCRIPTION OF PROPOSED OPERATION

UVM seeks an exemption pursuant to Section 333 of the Reform Act to use a number of

different UAS platformsfor aerial data collection in support of its education and research operations.

By way of example, education and research programs supported by the proposed UAS operations,

include, but are not limited to: wildlife and forestry mapping and management activities,

environmental monitoring, natural resource management/exploration, geographical mapping

applications, photogrammetry, water resource studies and geomorphic assessment, environmental

compliance, emergency and disaster response, and construction monitoring. Aerial data collected

by Petitioner's UAS would also be used to promote and market UVM, as well as support student

recreational and sport activities.

All of the UAS platforms UVM intends to use have been approved for commercial use in

other grants of exemption, including the SenseFly eBee, SenseFly eBee RTK, DJI Phantom 2, DJI

Phantom 2 Vision+, and DJI Spreading Wing series of aircraft. As set forth below, the FAA has

previously determined that these vehicles meet the criteria established in Section 333 of the Reform

Act and are suitable platforms for performing aerial data collection.

UVM is committed to maintaining the highest standards of flightsafety, and will leverage its

relationships with state agencies and the UAS industry to ensure that the proposed operations are

conducted safely. The Vermont State Aviation Program (run through the Vermont Agency of

Transportation) has partnered with UVM on matters pertaining to integrating UAS into airspace

throughout the state and UVM maintains close ties to the UAS industry, with two recent alumni

employed by UAS manufacturers. UVM personnel have also received extensive training on UAS

operations from UAS manufacturers and detailed guidelines and checklists have been developed to

ensure the effective and safe use of small UAS. All UAS operations will be performed in

accordance with the accompanying UVM operating documents, and in accordance with the

requirements of an applicable COA. Among other things, and as detailed in the operating

documents, all UAS operations will occur in uncontrolled airspace, unless specific authorization is 

granted by the FAA or applicable authorities, within visual line-of-sight (VLOS) of the pilot and

visual observer, and will be limited to daytime VFR conditions. Moreover, UVM's operating

documents incorporate redundant safeguards to enhance safety.

The proposed operations in this Petition for Exemption are not new or novel to the FAA.

The FAA has previously issued grants of exemption to use small UAS for aerial data collection in

support of similar educational and research activities, including:
 

U.S. Department of Transportation

July 8, 2015

Page 5

 Exemption No. 11552 to Sinclair Community College to conduct educational research

and training (Docket No. FAA-2015-0374);

 Exemption No. 11304 to Auburn University Aviation Center to conduct training courses

to instruct students in the operation of unmanned aircraft and their associated systems.

(Docket No. FAA-2014-1014); and

 Exemption No. 11265 to the City of Roswell Coalition to perform research, development

and validation of a formal UAS training curriculum (Docket No. FAA-2014-0732).

The low-risk UAS operations proposed by UVM in this Petition for Exemption fallsquarely

within the category of aerial data collection that has been subject to previous approval. 

III. RELEVANT STATUTORY AUTHORITY

This Petition for Exemption is submitted pursuant to Section 333(a) through (c) of the

Reform Act. Congress has directed the FAA "to safely accelerate the integration of civil unmanned

aircraft systems into the national airspace system." Pursuant to Section 333 of the Reform Act, the

FAA Administrator is to permit unmanned aircraft systems to operate in the NAS where it is safe to

do so based on the following considerations:

 The UAS's size, weight, speed and operational capability;

 Operation of the UAS in close proximity to airports and populated areas; and

 Operation of the UAS within the visual line of sight of the operator.

Additionally, the FAA Administrator has general authority to grant exemptions from the

agency's safety regulations and minimum standards when the Administrator decides a requested

exemption is in the public interest. See 49 U.S.C. § 106(f) (defining the authority of the

Administrator); 49 U.S.C. § 44701(f) (permitting exemptionsfrom §§ 44701(a), (b) and §§ 44702 –

44716, et seq.). A party requesting an exemption must explain the reasons why the exemption: (1)

would benefit the public as a whole, and (2) would not adversely affect safety (or how it would

provide a level of safety at least equal to the existing rules). See 14 C.F.R. § 11.81 (petitions for

exemption).
 

U.S. Department of Transportation

July 8, 2015

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IV. UVM'S PROPOSED UAS OPERATIONS MEET THE REQUIREMENTS OF SECTION 333 OF

THE REFORM ACT

UVM's proposed operations in this Petition for Exemption qualify for expedited approval via

the summary grant process pursuant to Section 333 of the Reform Act, as each of the statutory

criteria and relevant factors are satisfied and the FAA has previously issued grants of exemption in

circumstances similar in all material respects to those presented in this Petition for Exemption.

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

Operational Capability

The FAA is familiar with and has already determined that all five of the vehicles chosen by

UVM meet the requirements of Section 333 of the Reform Act due to their weight, speed and

operational capabilities: the SenseFly eBee, SenseFly eBee RTK, DJI Phantom 2, DJI Phantom 2

Vision+, and the DJI Spreading Wing series of aircraft. See e.g.,

 SenseFly eBee: Exemption No. 11263 to SenseFly LTD.; Exemption No. 11273 to AIG PC

Global Services, Inc.; Exemption No. 11446 to Trumbull Unmanned LLC

 SenseFly eBee RTK: Exemption No. 11632 to EngineeringResources LLC; Exemption No.

11585 to Robinson Engineering Company, Inc.

 DJI Phantom 2: Exemption No. 11315 to The Climate Corporation and Precision Planting,

LLC; Exemption No. 11445 to Unmanned Aerial Solutions; and Exemption No. 11289 to

Bird's Eye Solutions, LLC 

 DJI Phantom 2 Vision+: Exemption No. 11224 to NextEra Energy, Inc.; Exemption No.

11230 to Montico, Inc.; Exemption No. 11228 to Steven Zeets ; Exemption No. 11218 to

Saratoga Aerial Vehicle; and Exemption No. 11215 to Mike Johnson

 DJI Spreading Wing series1: Exemption No. 11804 to Orbic Air, LLC. 

The FAA has found the following shared characteristics of the SenseFly eBee, SenseFly

eBee RTK, DJI Phantom 2, DJI Phantom 2 Vision+, and the DJI Spreading Wing series of aircraft to

warrant approval for a grant of exemption:

 They all weight less than 55 pounds including payload;

 They all have the capability to operate safely after experiencing certain in-flight

contingencies or failures and uses an auto-pilotsystem to maintain UAS stability and control.

The UAS is also able to respond to a loss of GPS or a lost-link event with a pre-coordinated,

predictable, automated flight maneuver. These safety features provide an equivalent level of

 

1

The DJI Spreading Wing series is composed of the S1000+, S1000, S900 and S800 Evo. 
 

U.S. Department of Transportation

July 8, 2015

Page 7

safety compared to a manned aircraft performing a similar operation and mitigate the risk of

command and control link failures;

 The radio frequencies used for operations and control of the UAS comply with the Federal

Communications Commission (FCC) and other appropriate government oversight agency

requirements; and

 The UAS all operate at a speed of 87 knots or less. 

B. Approval is Warranted Based on the Operational Restrictions in UVM's

Operating Documents

The University UAS Operations Manual, UVM's checklists, and the manufacturer's manuals

for the selected UAS platforms (hereinafter collectively referred to as "operating documents")

contain all the procedures and limitations necessary to safely and successfully perform the proposed

operations. To expedite the FAA's safety assessment of UVM's proposed UAS operations, UVM

has tailored its operating documents to comply with the conditions and limitations imposed on

similarly situated petitioners seeking to use small UAS for aerial data collection. See e.g., Grant of

Exemption No. 11552 issued to Sinclair Community College, Docket No. FAA-2015-0374. In

particular, the operating documents contain systems and proceduresto permit UVM to complywith

the conditions and limitations in the FAA's Grant of Exemption. Id. 

V. REGULATIONS FROM WHICH EXEMPTION IS SOUGHT

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This

statutory authority, by its terms, includes exempting civil aircraft, as the term is defined under §

40101 of the Act, including UAS, from its safety regulations and minimum standards when the

Administrator decides a requested exemption is in the public interest.2

UVM seeks an exemption from several interrelated provisions of 14 C.F.R. Parts 45, 61 and

91 for purposes of conducting the requested operations using small UAS, including:

 

2

See 49 U.S.C. § 44701(f) (authorizing the grant of exemptions from requirements of regulations

prescribed pursuant to Sections 44701(a) and (b) and Sections 44702 - 44716).

FAR Description

91.9(c); 45.23(b) and

45.27(a)

Aircraft Marking and Identification Requirements

91.405(a); 91.407(a)(1);

91.409(a)(1) and (2);

91.417(a) and (b)

Maintenance and Inspection Requirements
 

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Listed below are the specific sections of 14 C.F.R. for which an exemption issought, and the

operating procedures and safeguards that Petitioner has established which will ensure a level of

safety better than or equal to the rules from which exemption is sought.3

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

Requirements

UVM seeks an exemption from the aircraft marking and identification requirements

contained in 14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a).

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

provides that:

No person may operate a U.S.-registered civil aircraft unlessthat aircraft isidentified

in accordance with Part 45 of this chapter.

● 14 C.F.R. § 45.23(b), Markings of the Aircraft, states:

When marksinclude 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

 

3

See 14 C.F.R. § 11.81(e), which requires a petition for exemption to include:

The reasons why granting the exemption would not adversely affect safety, or how

the exemption would provide a level of safety at least equal to that provided by the

rule from which you seek exemption.

61.23(a) and (c), 61.113;

61.101(e)(4) and (5), 61.315

Private, Recreational and Sport Pilot Medical Certificate,

Privileges and Limitations

91.7(a) Civil Aircraft Airworthiness

91.9(b)(2); 91.203(a) and

(b)

Carrying Aircraft Flight Manual, Certification and Registration in

the Aircraft

91.103 Preflight Action

91.109(a) Flight Instruction

91.119(c) Minimum Safe Altitudes Over Other than Congested Areas

91.121 Altimeter Settings

91.151(a) Fuel Requirements for Flight in VFR Conditions
 

U.S. Department of Transportation

July 8, 2015

Page 9

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.

● 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 prior grants of exemption under Section 333 of the Reform Act, the FAA determined that

exemption from these requirements was warranted provided that the aircraft "have identification (NNumber) markings in accordance with 14 C.F.R Part 45, Subpart C if the markings are as large as

practicable."4 All UAS flown by UVM will bear N-number markingsthat are aslarge as practicable

in accordance with 14 C.F.R. Part 45, Subpart C.5 

B. 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2); 91.417(a) and (b): Maintenance

Inspections

UVM seeks an exemption from the maintenance inspection requirements contained in 14

C.F.R. § 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2); 91.417(a) and (b). These regulationsspecify

maintenance and inspection standards in reference to 14 C.F.R. Part 43.6 An exemption from these

regulationsis needed because Part 43 and these sections only apply to aircraft with an airworthiness

certificate, which the UAS to be operated under this grant of exemption will not have.

An equivalent level of safety will be achieved because maintenance and inspections will be

performed in accordance with the operating documents and any required manufacturer Safety or

Service Bulletins. Further, asrequired by the operating documents, the PIC will conduct a pre-flight

inspection of the UAS and all associated equipment to account for all discrepancies and/or

inoperable components. Maintenance will be performed and verified to address any conditions

potentially affecting safe operation of the UAS and no flights will occur unless, and until, all flight

critical components of the UAS have been found to be airworthy and in a condition safe for

operation. A functional test flight will be conducted following the replacement of any flight-critical

components. As required by the operating documents, the PIC who conducts the functional test

flight will make an entry in the UAS aircraft records of the flight. 

The operating documents also include requirements to follow the UAS manufacturer’s

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

aircraft components. Moreover, the operating documents also include procedures to document and

 

4

FAA Docket No. FAA-2014-0352.

5

See, e.g., FAA Docket No. FAA-2014-0352, at 14.

6

See, e.g., 14 C.F.R. § 91.405(a) (stating that each owner or operator of an aircraft "[s]hall have the

aircraft inspected as prescribed in subpart E of this part and shall between required inspections

...have discrepancies repaired as prescribed in part 43 of this chapter.").
 

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Page 10

maintain a record of the UAS maintenance, preventative maintenance, alterations, status of

replacement/overhaul component parts, and the total time in service of Petitioner's UAS. As a

whole, the maintenance and inspection procedures required by Petitioner's operating documents

ensure that an equivalent or higher level of safety will be achieved.

C. 61.23(a) and (c), 61.113, 61.101(e)(4) and (5), 61.315: Private, Recreational

and Sport Pilot Medical Certificate, Privileges and Limitations

UVM seeks exemption from these sections, which restricts private, recreational orsport pilot

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

class medical certificate. The purpose of Part 61 is to ensure that the skill and competency of any

PIC matchesthe airspace in which the PIC will be operating, as well asrequiring certificationsif the

private pilot is carrying passengers or cargo for hire. In this case, while the UAS will be operated as

part of a commercial operation, it carries neither passengers nor cargo.

In the Grant of Exemption No. 11062 to Astraeus Aerial7, 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. The fulfillment of the additional requirements for a private pilot to

become qualified as a commercial pilot would not lead to any additional safety benefits when UAS

operations are involved. 

More recently, the FAA determined that holders of recreational and sport pilot certificates

would also have adequate aeronautical knowledge to pilot a UAS. Accordingly, because these

individuals would also be subject to security screening by the Department of Homeland Security

(DHS), the FAA determined that holders of recreational and sport pilot certificates would be

qualified to serve as the PIC for UAS operations.8 

The restrictions Petitioner has placed on its UAS operations meet or exceed the restrictions

similarly imposed on Astraeus Aerial and other operatorsin more recently granted exemptions under

Section 333 of the FAA Reform Act. UVM will operate away from persons and property that is not

the subject matter of the flight. UVM will also require all PICs to be thoroughly trained in the

unique aspects of UAS flight. As set forth in the operating documents, pilots will have experience

not only in UAS operations generally but have logged flight time in the specific make and model

used for the operations before they are permitted to participate in commercial flights on behalf of

UVM. The pilot qualification, training, and currency requirements in the operating documents

ensure that UVM's pilots are competent and proficient in the UAS they are operating. The

Petitioner'straining and qualification requirements are consistent with those contained in prior FAAissued grants of exemption, and will provide a higher level of competency and proficiency for its

pilots and will ensure at least an equivalent level of safety.

 

7

FAA Docket No. FAA-2014-0352.

8

See Grant of Exemption No. 11213 to Aeryon Labs, Inc. (Docket No. FAA-2014-0642 at pgs.

8-9).
 

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D. 91.7(a): Civil Aircraft Airworthiness

Inasmuch as there will be no airworthiness certificate issued for the UAS, UVM seeks an

exemption from 14 C.F.R. § 91.7(a), which requiresthat a civil aircraft be in an airworthy condition

to be operated. While the petitioner’s UAS will not have an airworthiness certificate, the FAA has

determined that for the purposes of this exemption the pilot may determine the aircraft is in an

airworthy condition prior to flight. The operating documents contain procedures which allow the

PIC to determine whether the aircraft is in a condition safe for flight, and an exemption from §

91.7(a) is therefore warranted. 

E. 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft and 91.203(a) and

(b): Carrying Civil Aircraft Certification and Registration

Title 14 C.F.R. § 91.9(b)(2) and § 91.203(a) and (b) require the operator to carry

airworthiness documents and other aircraft manuals onboard the aircraft.

Pursuant to 14 C.F.R. § 91.9(b)(2):

(b) No person may operate a U.S.-registered civil aircraft –

...

(2) For which an Airplane or Rotorcraft Flight Manual is 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.

Pursuant to 14 C.F.R. § 91.203(a) and (b):

(a) Except as provided in § 91.715, no person may operate a civil aircraft unless it

has within it the following:

(1) An appropriate and current airworthiness certificate...

(b) No person may operate a civil aircraft unlessthe airworthiness certificate required

by paragraph (a) of thissection or a special flight authorization issued under § 91.715

is displayed at the cabin or cockpit entrance so that it islegible to passengers or crew.

Given the small size and configuration of the UAS, it would be impossible to keep

airworthiness documents and other aircraft manuals on board the UAS because there is simply no

room and the UAS has no cabin or cockpit.

In an FAA Office of Chief Counsel's Opinion dated August 8, 2014, and prepared by Dean E.

Griffith, Attorney, AGC-220, it was acknowledged that the intent of 14 C.F.R. 91.9(b) and 91.203(a)

and (b) is met if the pilot of the unmanned aircraft has access to the UAS flight manual, registration

certificate, and other required documents from the ground control station from which he or she is
 

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Page 12

operating the aircraft.9 Asthis FAA Office of Chief Counsel Opinion clarifies, the intent of the rule

isto ensure the pilot has access to these key documents during flight. Therefore, an equivalent level

of safety will be achieved by ensuring that the pilot has access to the documents at the ground

control station from which he or she is piloting the UAS.10 

F. 91.103: Preflight Action

Petitioner seeks an exemption from 14 C.F.R. § 91.103, which requires a PIC to become

familiar with specific information before each flight, including information contained in the FAAapproved Flight Manual on board the aircraft. While the PIC will be familiar with all information

necessary to safely conduct the flight, an exemption isrequested to the extent that an FAA-approved

Flight Manual is required.

Adherence to the requirements in the operating documents will ensure that the UAS is in an

airworthy condition prior to flight. The PIC will perform a series of checklists designed to identify

any defects or inoperable components, which cover pre-flight, take-off, landing and post-flight

procedures. The PIC will also be required to review weather, flight requirements, battery charge,

landing and takeoff distance, UA performance data, and contingency landing areas—before initiation

of flight. Petitioner's operating documents will be kept at the ground control station and will be

accessible to the PIC at all times while operating the UAS.

G. 91.109(a): Flight Instruction

Petitioner seeks an exemption from 14 C.F.R. § 91.109(a), which provides in pertinent part

that "[n]o person may operate a civil aircraft (except a manned free balloon) that is being used for

flight instruction unlessthat aircraft hasfully functioning dual controls." UAS and remotely piloted

aircraft, by their design, do not have functional dual controls. Instead, flight control is accomplished

through the use of a device that communicates with the aircraft via radio communications.

Accordingly, an exemption will be required for the flight instruction requirements of 14 C.F.R. §

91.109(a).

 

9 Memorandum from Mark Bury, FAA Assistant Chief Counsel for International Law, Legislation

and Regulation, to John Duncan, FAA Flight Standards Service (Aug. 8, 2014);see also Docket No.

FAA-2014-0352 at 16-18.

10 See also Exemption No. 11213 to Aeryon Labs, Inc. at pg. 11:

The petitioner requested relief from 14 CFR § 91.9(b)(2): Civil aircraft flight

manual, marking, and placard requirements and § 91.203(a) and (b): Civil aircraft:

Certifications required. The FAA has previously determined that relief from these

sectionsis not necessary. See Exemption No. 11062. Relevant materials may be kept

in a location accessible to the PIC in compliance with the regulations.
 

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Given the size and speed of the UAS that Petitioner intendsto use, an equivalent level ofsafe

training can still be achieved without dual controls because no pilot or passengers are aboard the

UAS, and as required by the operating documents, all persons will be a safe distance away in the

event that the UAS experiences any difficulties during flight instruction. Moreover, all flight

training will be conducted in controlled and sterile environment. As a whole, the procedures

provided for in the operating documents ensure that UAS flight instruction can be performed safely.

H. 91.119(c): Minimum Safe Altitudes Over Other Than Congested Areas

UVM requests an exemption from the minimum safe altitude requirements of 14 C.F.R. §

91.119(c).

11 Section 91.119 prescribes the minimum safe altitudes under which aircraft may not

operate, including 500 feet above the surface and away from any person, vessel, vehicle, orstructure

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

An exemption isrequired because the proposed UAS operations will normally need to occur

below 400 feet AGL. Additionally, due to the nature of the proposed operations, the PIC and/or

Observers may need to be less than 500 feet away from the UAS. Compared to flight operations

with rotorcraft weighing far more than the maximum weights proposed herein, and given the lack of

flammable fuel with the UAS, any risk associated with these operations is far less than those that

presently exist with conventional aircraft.

An equivalent level of safety will be achieved given the size, weight, and speed of the UAS,

as well the controlled location where the operations will occur. In order to avoid any risk to manned

aircraft, flight operations will be restricted to below 400 feet AGL. As set forth in the operating

documents, the UAS will be operated in a controlled environment, and all flights will occur at a

lateral distance of at least 500 feet from nonparticipating persons, unless that person is in a position

where he or she is shielded from the UAS and any possible debris resulting from UAS failure.

Procedures will be in place to ensure flight operations can be safely terminated if a nonparticipating

person within 500 feet of the UAS leaves a shielded position. Further, UAS operations will occur at

least 500 feet away from vehicles or structures unless the property owner/controller has granted

permission and the PIC has made a safety assessment of the risk of operating closer to those objects,

and operations near the PIC or Observer will not present an undue hazard per § 91.119(a).

Adherence to these restrictions in UVM's operating documents will ensure the proposed operations

can be conducted without compromising safety to persons or property on the ground. 

I. 91.121: Altimeter Settings

To the extent necessary for UVM to conduct the proposed operations, Petitioner requests an

exemption from 14 C.F.R. § 91.121, which requires a person operating an aircraft to maintain

 

11 Relief from § 91.119(a) will not be necessary because Petitioner will be able to perform an

emergency landing without undue hazard to persons or property on the ground in the event of a

failure. Petitioner's proposed UAS operations will not occur over congested areas, and therefore an

exemption from § 91.119(b) will not be necessary. See e.g., Grant of Exemption No. 11157 to

Slugwear, Inc., dba Likeonatree Aerial at pg. 15 (Docket No. FAA-2014-0534).
 

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Page 14

cruising altitude or flight level by reference to an altimeter that isset to the elevation of the departure

airport or barometric pressure.

The FAA has stated that an equivalent level of safety to the requirements of 14 C.F.R. §

91.121 can be achieved in circumstances where: (1) the UAS will be operated 400 feet AGL or

below, (2) within VLOS, (3) where GPS based altitude information is relayed in real time to the

operator at a ground-based on-screen display and, (4) where prior to each flight, a zero altitude

initiation point is established for the PIC to confirm accuracy of the onboard GPS.12

The UAS that Petitioner intendsto use for performing the proposed operations meet all these

operational characteristics. Moreover, the operating documents require the PIC to calibrate the

aircraft's GPS compass prior to each flight operation. Asthe FAA has determined in circumstances

similar to this Petition for Exemption, Petitioner's UAS and the safety mitigation procedures

contained in the operating documents, ensure that an equivalent level ofsafety will be achieved, and

a grant of exemption to the requirements of § 191.121 is therefore appropriate.

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

UVM requests an exemption from 14 C.F.R. § 91.151(a)'s fuel requirements for flight in

VFR conditions. Section 91.151 states:

(a) No person may begin a flight in an airplane under VFR conditions unless

(considering wind and forecast weather conditions) there is 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.

Here, the technological limitations on UAS battery power means that no meaningful flight

operations can be conducted while still maintaining a 30-minute battery reserve. An exemption from

the fuel requirements of 14 C.F.R. § 91.151(a) is therefore required.

The FAA has previously granted relief from the fuel requirements of § 91.151(a) for flight in

daytime VFR conditionsin circumstancessimilar to those presented in this Petition for Exemption.

13

In Exemption No. 11213 to Aeryon Labs, Inc.14, the FAA determined that a requirement prohibiting

the PIC from beginning a UAS flight unless (considering wind and forecast weather conditions)

there was enough available power for UAS to operate for the intended operational time and to

operate after that for at least five minutes or with the reserve power recommended by the

manufacturer if greater, would ensure an equivalent level of safety to the fuel requirements of §

 

12 See Grant of Exemption No. 11062 to Astraeus Aerial (Docket No. FAA-2014-0352 at 21).

13 See e.g., Exemption Nos. 8811, 10808, and 10673.

14 Docket No. FAA-2014-0642.
 

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91.151(a). Petitioner's operating documentsimpose thissame requirement and an exemption from §

91.151(a)'s fuel requirements for flight in VFR conditions is therefore appropriate.

VI. DRUG AND ALCOHOL PROGRAM

UVM will have policies in place to ensure that no person may participate in UAS flight

operations if they are under the influence of alcohol or any drug.

VII. PUBLIC INTEREST

The public interest will be served by granting UVM's Petition for Exemption. Congress has

established a national policy that favors early integration of UAS into the NAS in controlled, safe

working environmentssuch asthose proposed in this Petition. Granting this Petition for Exemption

helps fulfill Congress' goal in passing Section 333(a) through (c) of the Reform Act—the FAA

Administrator's assessment of whether certain UAS may operate safely in the NAS before

completion of the statutorily required rulemaking.

Beyond increased levels ofsafety, the public standsto benefit enormously from the education

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

Whether it is studying the impact of forest logging practices, or researching how UAS can be used

for aerial mapping in the aftermath of natural disasters, UVM's community of scholars are engaged

in research and discovery aimed at finding solutionsto the grand challenges we face as a people and

a planet. The public as a whole will benefit from the information gathered and studied as part of the

education and research programs supported by the proposed operations in this Petition for

Exemption. 

VIII. PRIVACY

The proposed operations will be conducted in accordance with applicable federal, state, or

local laws regarding privacy. UVM will not conduct flight operations over property that it does not

own or control without the prior consent and knowledge of the property owner. 

IX. FEDERAL REGISTER SUMMARY

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

FEDERAL REGISTER, should it be determined that publication is needed:

Petitioner seeks an exemption from the following rules in Title 14 of the Code of Federal

Regulations:

45.23(b); 45.27(a); 61.23(a) and (c); 61.113; 61.101(e)(4) and (5); 61.315; 91.7(a);

91.9(b)(2); 91.9(c); 91.103; 91.109(a); 91.119(b); 91.121; 91.151(a); 91.203 (a) & (b); 91.405(a);

91.407(a)(1); 91.409(a)(1) & (2); 91.417 (a) & (b). 

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

owners from the substantial hazards associated with using conventional fixed-wing aircraft or,

rotorcraft for aerial data collection in support of university education and research programs.
 

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X. CONCLUSION

The proposed operations in this Petition for Exemption satisfy the criteria articulated in

Section 333 of the Reform Act and the FAA hasissued grants of exemption in circumstancessimilar

in all respects to those presented by UVM in this Petition for Exemption. In consideration of the

foregoing, UVM respectfully submits that this Petition for Exemption qualifies for expedited

approval via the FAA's summary grant process.

We thank you for your prompt consideration of our requested exemptions. Should you have

any questions, or if you need additional information to support the requested exemptions, please do

not hesitate to contact us. 

Very truly yours,

Mark E. McKinnon

Matthew J. Clark

Counsel forthe University of Vermont and State

Agricultural College

Attachments
 

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(The following attached items will be submitted underseparate cover asthey contain proprietary and

commercial information exempt from disclosure under the Freedom of Information Act, 5 U.S.C. §

522 et seq., and should be held in a separate file pursuant to 14 C.F.R. § 11.35(b)).

Attachment:

 The University UAS Operations Manual

 UVM eBee Flight Checklist

 UVM eBee Mission Checklist