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January 27, 2016

Autonomous Flight Systems Laboratory

William E. Boeing Department of Aeronautics & Astronautics

University of Washington

Box 352250

Seattle, WA 98195

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

Re. Petition of the University of Washington for Summary Grant of Exemption Pursuant to 

Section 333 of the FAA Modernization and Reform Act of 2012

To Whom It May Concern:

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

Act) and 14 C.F.R. Part 11, the University of Washington (hereinafter sometimes referred to as 

“UW” or “the University”) 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 aerial imaging and remote sensing and surveying, in support of its education and 

research operations. UW respectfully submits that this Petition for Exemption qualifies for 

expedited approval, as the Federal Aviation Administration (FAA) has previously issued grants

of exemption in circumstances similar in all material respect to those presented herein.

In addition to this Petition for Exemption, UW will also submit the “UW Skywalker X8 

Aircraft Flight Manual” under separate cover. UW submits this Manual as a confidential 

document under separate cover pursuant to 14 C.F.R. § 11.35(b), as the Manual contains

confidential commercial and proprietary information that UW 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.
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For you convenience, this Petition is organized as follows:

Table of Contents

I. Background & Description of the Petitioner.........................................................................................3

II. Description of the Proposed Operation................................................................................................3

III. Relevant Statutory Authority ............................................................................................................5

IV. UW’s Proposed UAS Operations Meet the Requirement of Section 333 of the Reform Act ...........5

A. Approval is Warranted Based on the UAS’s Size, Weight, Speed, and Operational Capability........5

B. Approval is Warranted Based on the Operational Restrictions in UW’s Operating Documents......6

V. Regulations from Which Exemption is Sought......................................................................................6

A. 91.9(c), 45.23(b), and 45.27(a): Aircraft Marking and Identification Requirements........................7

B. 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2); 91.417(a) and (b): Maintenance Inspections...........8

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.........................................................................................9

D. 91.7(a): Civil Aircraft Airworthiness................................................................................................10

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

Certification and Registration.................................................................................................................10

F. 91.103: Preflight Action ..................................................................................................................11

G. 91.109(a): Flight Instruction............................................................................................................11

H. 91.119(c): Minimum Safe Altitudes Over Other Than Congested Areas.......................................12

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

J. 91.151(a): Fuel Requirements for Flight in VFR Conditions...........................................................13

VI. Drug and Alcohol Program..............................................................................................................14

VII. Public Interest.................................................................................................................................14

VIII. Privacy.............................................................................................................................................14

IX. Federal Register Summary..............................................................................................................14

X. Conclusion...........................................................................................................................................15
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I. Background & Description of the Petitioner

The University of Washington was founded in 1861 and is one of the oldest universities 

on the West Coast. It is considered a public flagship research university and is the most 

respected institute of higher education in the Pacific Northwest. In 2006, the UW research 

budget passed the $1.0 billion mark. Virtually all of the funding came from peer-reviewed 

research proposals. UW research budget consistently ranks among the top 5 in both public 

and private universities in the United States. UW is also the largest recipient of federal 

research funding among public universities and second among all public and private 

universities in the country, a position that the UW has held each year since 1974.

UAS research within the UW is an interdisciplinary topic. Departments such as 

Aeronautics & Astronautics, Civil/Environmental Engineering, Electrical Engineering, 

Forestry, Earth and Space Sciences, and several others have active projects involving this 

type of technology. The ability to use UAS as part of a research program will have great 

benefits to the UW and to the public as a whole. Granting this exemption would allow 

research and education to be performed that would otherwise be too costly, unsafe, or 

otherwise impossible.

In accordance with 14 C.F.R. §11.81(a), UW provides the following information in 

support of its Petition for Exemption.

The contact information for the Petitioner is as follows:

Name:

Christopher Lum, PhD

Research Scientist

Mailing Address: 

Christopher Lum

University of Washington

Box 352250

Seattle, WA 98195

Phone: 

(206) 543-0539

Email: 

lum@u.washington.edu

II. Description of the Proposed Operation

The University of Washington seeks an exemption pursuant to Section 333 of the Reform 

Act to use a UAS platform for aerial data collection in support of its education and research 
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operations. By way of example, education and research programs supported by the proposed 

UAS operations includes but is not limited to: agriculture education and research, aerial 

surveying and remote sensing, aerial photography and videography, engineering, aeronautical 

research and development, environment/climate monitoring, infrastructure and industrial

inspections applications, natural resource management, wildlife/forestry management, and 

veterinary medicine. Aerial data collection by UW’s UAS would also be used to promote 

and market UW, as well as support student recreational and sport activities. Finally, aerial 

data collected by UAS may also be used by Facilities Management to monitor and inspect 

UW buildings and infrastructure.

The UAS platform UW intends to use is the Skywalker X8, which has been approved for 

commercial use in other grants of exemption. As set forth below, the FAA has previously 

determined that this vehicle meets the criteria established in Section 333 of the Reform Act 

and is a suitable platform for performing aerial data collection.

All UAS operations will be performed in accordance with the accompanying UW 

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, within visual line-of-sight (VLOS) of the pilot and visual 

observer (VO), and will be limited to daytime visual flight rules (VFR) conditions. 

Moreover, UW’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 exemptions to use small UAS for aerial data 

collection in support of similar educational and research activities, including:

 Exemption No. 13157 to University of Wyoming to conduct educational research 

and training (Docket No. FAA-2015-3024)

 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 UW in this Petition for Exemption fall 

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

approval.
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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 (NAS).” 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 airport and populated areas; and

 Operation of the UAS within the visual line of sight (VLOS) 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 exemptions from §§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).

IV. UW’s Proposed UAS Operations Meet the Requirement of Section 333 of the 

Reform Act

UW’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 the vehicle chosen by UW 

meets the requirements of Section 333 of the Reform Act due to its weight, speed, and 

operational capabilities.

 Skywalker X8: Exemption No. 11446, 12646

The FAA has found the following characteristics of the Skywalker X8 to warrant 

approval for a grant of exemption:

 The aircraft weight is less than 55 pounds including payload;
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 The aircraft has the capability to operate safely after experiencing certain in-flight 

contingencies or failures and uses an auto-pilot system 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 precoordinated, predictable, automated flight maneuver. These safety features provide an 

equivalent level of 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 operates at a speed of 87 knots or less.

B. Approval is Warranted Based on the Operational Restrictions in UW’s Operating 

Documents

The “UW Skywalker X8 Aircraft Flight Manual” for the selected UAS platform

(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 UW’s proposed UAS operations, UW 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 procedures to permit UW to 

comply with the conditions and limitations in the FAA’s Grant of Exemptions. 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 interest1.

UW 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. These 

exemptions are detailed in Table 1.

Table 1: Summary of requested exemptions.

FAR Description

91.9(c)

45.23(b)

45.27(a)

Aircraft Marking and Identification Requirements

91.405(a) Maintenance and Inspections Requirements

 

1 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).
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91.407(a)(1)

91.409(a)(1) and 

(2)

91.417(a) and (b)

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 n 

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

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

the operating procedures and safety guards that the Petitioner has established which will 

ensure a level of safety better than or equal to the rules from which exemption is sought2.

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

The UW 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 unless that aircraft is 

identified in accordance with Part 45 of this chapter.

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

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 the aircraft near each entrance to the cabin, cockpit, or pilot station, in letters 

 

2

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.
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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 rotor craft must display on that rotorcraft horizontally on both 

surfaces of the cabin, fuselage, boom, or tail marks required by § 45.23.

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

that exemptions from these requirements was warranted provided that the aircraft “have 

identification (N-number) markings in accordance with 14 C.F.R. Part 45, Subpart C if the 

markings are as large as practicable.3” All UAS flow by UW will bear N-number markings 

that are as large as practicable in accordance with 14 C.F.R. Part 45, Subpart C.4

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

Inspections

UW 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 regulations 

specify maintenance and inspection standards in reference to 14. C.F.R. Part 43.5 An 

exemption from these regulations is 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, as required by the operating documents, the Pilot-inCommand (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

 

3

FAA Docket No. FAA-2014-0352.

4

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

5

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 and prescribed in part 45 of this chapter.”).
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and aircraft components. Moreover, the operating documents also include procedures to 

document and maintain a record of the UAS maintenance, preventative maintenance, 

alterations, status of replacement/overhaul component parts, and the total time in service of 

the 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

The UW seeks exemption from these sections, which restricts private, recreational, or 

sport 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 matches the airspace in which the PIC will be operating, as well 

as requiring certifications if 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 Aerial6, 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.7

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

restrictions similarly imposed on Astraeus Aerial and other operators in more recently 

granted exemptions under Section 333 of the FAA Reform Act. UW will operate away from 

persons and property that is not the subject matter of the flight. UW 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 flight on behalf of UW. The pilot qualification, 

training, and currency requirements in the operating documents ensure that UW’s pilots are 

competent and proficient in the UAS they are operating. The Petitioner’s training and 

 

6

FAA Docket No. FAA-2014-0352

7

See Grant of Exemption No. 11213 to Aeryon Labs, Inc. (Docket No. FAA-2014-0642 at pgs. 8-9).
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qualification requirements are consistent with those contained in prior FAA-issued grants of 

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

D. 91.7(a): Civil Aircraft Airworthiness

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

exemption from 14 C.F.R. §91.7(a), which requires that 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 unless the airworthiness certificate required by 

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

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

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 nor cockpit.
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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 document from the ground 

control station from which he or she is operating the aircraft.8 As this FAA Office of Chief 

Counsel Opinion clarifies, the intent of the rule is to 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.9

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 

FAA-approved Flight Manual on board the aircraft. While the PIC will be familiar with all 

information necessary to safely conduct the flight, an exemption is required 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 checks 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 distances, UA performance data, and contingency landing 

areas- before initiating 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 unless that aircraft has fully 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).

 

8 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.

9

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

The petitioner required relief from 14 C.F.R. §91.9(b)(2): Civil aircraft flight manual, marking, and placard 

requirements and §91.203(a) and (b): Civil aircraft: Certifications required. The FAA has previously determined that 

relief from these sections is not necessary. See Exemption No. 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 intends to use, an equivalent level of 

safe 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 environments. 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

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

§91.119(c).10 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, or structure in non-congested areas. See 14 C.F.R. §91.119(c).

An exemption is required 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 VOs 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 within the UAS, any risk associated with these 

operations is far less than those that presently existing with conventional aircraft.

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

UAS, as well as 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 a 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 UW’s operating documents will ensure the proposed 

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

ground. 

 

10 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 Slugware, Inc., dba Likeonatree Aerial at pg. 15 (Docket No. FAA-2014-

0534).
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I. 91.121: Altimeter Settings

To the extent necessary for UW 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 cruising altitude or flight level by reference to an altimeter that is set 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 related 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.11

The UAS that Petitioner intends to 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. As the 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 of safety will be achieved, and a grant of exemption to the requirements of §91.121 is 

therefore appropriate.

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

UW requests an exemption from 14 C.F.R. §91.151(a)’s fuel requirement 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 conditions in circumstances similar to those presented in this Petition for 

 

11 See Grant of Exemption No. 11062 to Astraeus Aerial (FAA-2014-0352 at 21)
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Exemption.12 In Exemption No. 11213 to Aeryon Labs, Inc.13, 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 §91.151(a).14 Petitioner’s operating documents impose this 

same requirement and an exemption from §91.151(a)’s fuel requirement for flight in VFR 

conditions is therefore appropriate.

VI. Drug and Alcohol Program

The UW 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 UW’s Petition for Exemption. Congress 

has established a national policy that favors early integration of UAS into the NAS in 

controlled, safe working environments such as those proposed in this Petition. Granting this 

Petition for Exemption helps fulfill Congress’ goal of 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 of safety, the public stands to benefit enormously from the 

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

Exemption. Whether it is researching ways to help farmers grow crops in a more sustainable 

and environmentally friendly manner, or monitoring wildlife activity, 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. UW 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

 

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

13 Docket No. FAA-2014-0642

14 Exemption No. 11213 at pg. 12.
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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.

X. Conclusion

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

Section 333 of the Reform Act and the FAA has issued grants of exemption in circumstances

similar in all respects to those presented by UW in this Petition for Exemption. In 

consideration of the foregoing, UW 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.

Sincerely,

Christopher Lum, PhD

Research Scientist

Autonomous Flight Systems Laboratory

William E. Boeing Department of Aeronautics & Astronautics

University of Washington

Attachments
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(The following attached items will be submitted under separate cover as they contain proprietary 

and commercial information exempt from disclosure under the Freedom of Information Act, 5 

U.S.C. §533 et seq., and should be held in a separate file pursuant to 14 C.F.R. §11.35(b).

Attachment:

 The UW Skywalker X8 Aircraft Flight Manual