December 1, 2015

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

Re: Petition of Florida State College at Jacksonville, for an Exemption Pursuant to Section 333 of the FAA 

Modernization and Reform Act of 2012

Dear Sir or Madam,

Florida State College at Jacksonville (“FSCJ”) respectfully requests an exemption from portions of 14 

C.F.R., pursuant to Section 333 of the FAA Modernization and Reform Act of 2021 (“Reform Act”), in 

order to operate small unmanned aerial systems (“small unmanned aircraft” or “UAS”) for the purposes 

of conducting UAS operator training, to include aerial photography and videography, aerial surveying, 

and aerial inspection.

Appendix A provides a summary of this petition, suitable for publication in the Federal Register.

Appendix B provides the Standard Operating Procedures which will govern UAS operations under this 

exemption.

Description of Petitioner

Florida State College at Jacksonville, established in 1965 and first offering aviation courses beginning in 

1978, currently provides three different Associate in Science (A.S.) degrees in Aviation. Two of which, 

Aviation Operations and Professional Pilot Technology, have direct connections to the growing field of 

UAS operations.

FSCJ is one of thirty-six FAA-approved Air Traffic – Collegiate Training Initiative programs, providing high 

fidelity simulation training for future air traffic controllers. Additionally, the College has a Part 147 

approved Airframe and Powerplant Mechanic training school, and offers Part 61 and Part 141 flight 

training in conjunction with a contracted flight provider. Having these programs in place means that the 

College program staff understands what it takes to run a safe and effective training program, while 

complying with relevant FARs.

To ensure that our students keep abreast of the latest changes in the aviation industry, we are seeking 

an exemption to permit training of our students in the operation of small unmanned aircraft. Through 

these courses, FSCJ will serve students enrolled in our aviation programs of study, the general public 

seeking to learn more about UAS operations and technology, private industry considering the use of UAS 

in their field, as well as members of city, county, and state governments.
For this petition, the point of contact: 

Sam Fischer

Program Manager, Aviation Degrees

Florida State College at Jacksonville

13450 Lake Fretwell Street

Jacksonville, FL 32221

Phone: (904) 317-3844

Email: sfischer@fscj.edu

Description of Proposed Operations

FSCJ currently has a single UAS course available to our students. It covers the history, missions, 

payloads, and operational concerns of operating these vehicles within the National Airspace System 

(“NAS”).

For the purposes of this exemption request, we intend to add a second class to provide hands-on 

instruction in UAS Operations, to include aircraft control, sensor operations, and multi-“crew” 

coordination. Additionally, given the proliferation of UAS operations and the compounding requests for 

Section 333 exemptions, we believe there is a need to better prepare UAS operators who are seeking, or 

who already hold, a 333 exemption, yet remain unaware of the intricacies of operating safely within the 

NAS.

To best prepare students for the various types of operations which UAS can perform, we plan to provide 

task-oriented training, in addition to basic command and control operations. Example tasks may include 

aerial photography and videography, aerial surveying, and aerial inspection.

To maintain safety standards, all UAS training will be conducted within the guidelines of this exemption 

and will include both instructor pilots and visual observers. Although initial students of the course will 

not be able to act as Pilot In Command (PIC), without holding an FAA pilot certificate, our intent is to lay 

the foundation for meeting the guidance specified in the Notice or Proposed Rule Making (NPRM) 

governing small UAS operations.

Relevant Statutory Authority

Section 333 of the Reform Act was created to provide the FAA with the ability to issue the exemptions 

sought herein. The FAA may also grant exemptions under 49 U.S.C. 44701(f) if it determines they are in 

the public interest.

The Secretary is required to determine which UAS do not present a significant hazard to aircraft or the 

public, or pose a threat to national security. Specifically, consideration should be given to:

 UAS size, weight, speed, and operational capability;

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

 Operation of the UAS within visual line-of-sight of the operator.
As directed in Section A, if the Secretary determines that such vehicles “may operate safely in the 

national airspace system, the Secretary shall establish requirements for the safe operation of such 

aircraft in the national airspace system.”

UAS Size, Weight, Speed, and Operational Capability

FSCJ will operate two types of UAS vehicles: quadcopters and fixed-wing aircraft. Specific details for 

each are described below.

 Various DJI Products, to include Phantom 2+, Phantom 3, and Inspire electric quadcopters

o Maximum Takeoff Weight (MTOW) Less than 7 pounds

o Maximum Speed 50 mph

o A built-in GPS and telemetry system relays the vehicle’s position, height, speed, and 

battery life to the Pilot in Command.

o A fail-safe mode that permits the UAS to return to its launch location and land if 

connection to the ground station is lost.

 Finwing Penguin electric aircraft

o Maximum Takeoff Weight (MTOW) Less than 7 pounds

o Maximum Speed 50 mph

o On-board telemetry relays the vehicle’s position, height, speed, and battery life to the 

Pilot in Command.

 All vehicles are electrically powered and do not carry flammable fuel onboard.

 All flights will be limited to no more than 400 feet AGL, and limited in duration to ensure a safe 

landing with no less than 25% battery life remaining.

 All flights will be conducted in Day, VFR conditions.

 Contingency plans will be in place, in case a flight needs to abort or terminate early.

 All flights will be pre-planned and briefed beforehand, including a review of emergency 

procedures, and for any flights above 200 feet AGL, a Notice to Airmen (“NOTAM”) will be filed 

with Automated Flight Service Station (“AFSS”).

 Flights will be conducted at least 500 feet from any non-participating persons, vehicles, vessels, 

or structures, unless prior permission has been obtained from property owners and appropriate 

safety measures are in place to protect all participants.

 All vehicles will be maintained in accordance with the manufacturer’s manuals and safety 

bulletins.

 Any necessary permissions or permits will be acquired prior to flights which require them. This 

may include, City, State, or Federal authorities as appropriate.

 All Pilots in Command for the UAS will hold, at a minimum, an FAA Class III Medical Certificate.

 All remote control, video, and datalink transmissions will comply with Federal Communications 

Commission (FCC) regulations.

Public Interest

As an academic institution, FSCJ provides education and training courses to students, industry, and the 

general public. The operations proposed in this petition will promote the safe and productive use of 

Unmanned Aerial Systems. College students and future aviation professionals, will benefit by learning 
more about how UAS fit in with their chosen career field. First responders, as well as local and State 

officials will learn how UAS operations fit into both the public and private sectors. And, the general 

public will see how UAS operations can benefit numerous industries and provide economic benefits to 

their community.

Privacy Concerns

All UAS operation will be conducted in accordance with local, State, and Federal privacy laws. For 

operations outside of College-owned property, prior permission and consent will be obtained before 

flights are conducted. Furthermore, the College currently utilizes an Industry Advisory Committee to 

provide input and guidance concerning its academic offerings. For UAS operations, a sub-committee will 

be created to review operational and privacy issues.

Exemption Requests

FSCJ is seeking exemption from various sections of 14 C.F.R. Parts 21, 45, 61, and 91, for the purposes of 

operating UAS platforms as detailed in this document. Following is a list of specific exemptions sought –

as already approved in the Grant of Exemption No. 11062 issued to Astraeus Aerial (Docket No. FAA2014-0352).

1. 14 C.F.R. Part 21, Subpart H. Airworthiness Certificates, 14 C.F.R. §91.203 (a) (1)

No exemption necessary.

Based on the limited size, weight, operating conditions, design safety features, and the imposed 

conditions and limitations, FSCJ has demonstrated that its operations would not adversely affect 

safety compared to similar operations conducted with aircraft that have been issued an 

airworthiness certificate under 14 C.F.R. Part 21, Subpart H. Therefore, as the FAA found for 

Astraeus Aerial, the requested relief from 14 C.F.R. Part 21, and any associated noise 

certification and testing requirements of part 36, is not necessary.

(See Docket No. FAA-2014-0352.)

2. 14 C.F.R. §45.23(b) Aircraft Markings

No exemption necessary.

Since FSCJ’s UAS will not be certificated under 14 C.F.R. §21.191, a grant of exemption for 14 

C.F.R. §45.23(b) is not necessary, as the FAA commented in the grant for exemption for Astraeus 

Aerial.

FSCJ’s UAS’ will be identified by serial number, registered in accordance with 14 C.F.R. Part 47, 

and have identification (N-Number) markings in accordance with 14 C.F.R. Part 45, Subpart C.

Markings will be as large as practicable.

(See Docket No. FAA-2014-0352.)

3. 14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (1)(2); 417(a) & (b) Maintenance Inspections

Exemption requested.

These regulations require that FSCJ “aircraft inspected as prescribed in subpart E of this part and 

shall between required inspections, except as provided in paragraph (c) of this section, have 

discrepancies repaired as prescribed in Part 43 of this chapter...,” and others shall inspect or 

maintain the aircraft in compliance with Part 43.
An exemption from these regulations is necessary because Part 43 and these sections only apply 

to an aircraft with an airworthiness certificate, which is not available for the aircraft which FSCJ 

is petitioning to use.

An Equivalent Level of Safety will be maintained through maintenance and visual inspections in 

accordance with the Manufacturer’s Manuals and applicable Safety Bulletins. Additionally, preflight checklists will be used to ensure that all critical components of the UAS are operating 

properly and in a condition suitable for safe flight. These measures will ensure that FSCJ’s 

proposed UAS operations will not adversely affect safety in the NAS and of people and property 

on the ground.

4. 14 C.F.R. §61.3 & §61.113 Private Pilot Privileges and Limitations: Pilot in Command.

Exemption requested – §61.3.

FSCJ will require that its UAS flight instructors hold a Private Pilot Certificate. To conduct 

training operations however, an exemption is requested from 14 C.F.R. 61.3 to permit student 

UAS pilots to receive instruction in the safe and effective operation of UAS platforms without 

the requirement to hold a Private Pilot Certificate.

An Equivalent Level of Safety will be maintained by ensuring that all student instructional flights 

are conducted under controlled conditions, away from persons or property not directly involved 

in the instruction or operation of the UAS, and in accordance with FSCJ’s UAS Flight Operations 

Manual. Additionally, such instructional flights will only take place under the close supervision 

of a UAS flight instructor who, as detailed above, will have a Private Pilot Certificate or higher.

No exemption necessary - §61.113.

In accordance with the Astraeus Aerial Grant of Exemption, FSCJ will only use Private Pilot 

Certificate holders to provide instruction to UAS students or to operate UAS during noninstructional flights.

(See Docket No. FAA-2014-0352.)

5. 14 C.F.R. §91.7 Civil Aircraft Airworthiness

No exemption necessary.

As mentioned in item 1 above, the FAA has already found that UAS are not required to have an 

airworthiness certificate in accordance with C.F.R. 14 Part 21, Subpart H. Accordingly, an 

exemption from §91.7(a) is not required.

However, in accordance with §91.7(b), before each flight, the PIC will use a pre-flight checklist 

and procedures specified in the UAS’ Operating Manual to ensure the UAS is a safe condition for 

flight.

6. 14 C.F.R. §91.9(b)(2) Civil Aircraft Flight Manual in the Aircraft

14 C.F.R. §91.203(a) and (b) Carrying Civil Aircraft Certification and Registration

No exemption necessary.

Based on the FAA Memorandum subject “Interpretation regarding whether certain required 

documents may be kept at an unmanned aircraft’s control station,” dated August 8, 2014, the

exemption from 14 C.F.R. §91.9(b) (2) and 91.203(a) and (b) is not necessary. 
FSCJ will keep all pertinent documents at the ground control point where the PIC is located and 

anyone will have immediate access to them if requested.

7. 14 C.F.R. §91.103 Preflight action

Exemption requested.

14 C.F.R. §91.103 requires a PIC to become familiar with specific information prior to flight, 

including information with an FAA-approved flight manual. As an FAA-approved flight manual 

does not exist for these aircraft, FSCJ is requesting an exemption to the flight manual 

requirement.

An Equivalent Level of Safety will be maintained through the implementation of checklists for 

pre-flight, in-flight, pre-landing, and post-landing phases of flight. This will include checks of the 

weather conditions, battery and vehicle status, security of the flight area, and alternatives 

available in case of an emergency.

8. 14 C.F.R. §91.109 Flight instruction

Exemption requested.

14 C.F.R. §91.109(a) states that “no person may operate a civil aircraft that is being used for 

flight instruction unless that aircraft has fully functioning dual controls.” UAS platforms, by 

design, do not carry pilots or passengers and, therefore, do not have dual controls. Flight 

control is accomplished via radio communications with a ground station. Consequently, FSCJ is 

requesting an exemption from the dual-control requirement.

An Equivalent Level of Safety will be maintained because, as mentioned above, UAS platforms 

do not carry pilots or passengers. In accordance with FSCJ’s UAS Flight Operations Manual, all 

flight training operations will be conducted in a sterile operating environment, well away from 

non-participating personnel. Flight training will be conducted using UAS Instructor Pilots and 

one or more Visual Observers to assist in tracking the UAS and ensuring the training area 

remains clear of non-participants.

FSCJ’s UAS Instructor Pilots must hold an FAA Private Pilot Certificate or higher, and a Class III 

Medical Certificate. Additionally, they will be required to pass a written and/or oral exam 

covering FSCJ’s UAS Flight Operations Manual, as well as complete a practical exam 

demonstrating the flight operations proposed in this document.

9. 14 C.F.R. §91.119 Minimum Safe Altitudes

Exemption requested.

FSCJ requests an exemption from the minimum safe altitude requirements of 14 C.F.R. §91.119. 

This section provides the minimum safe altitudes at which aircraft must operate. It includes a 

restriction on operating below 500 feet above the surface, or within 500 feet of any person, 

vessel, vehicle, or structure (when over non-congested areas).

An exemption is requested since UAS flight operations will occur less than 400 feet above the 

surface. Additionally, the flight training and operations proposed herein will, at times, take 

place within 500 feet of participating personnel to including the PIC, Instructor Pilot, and Visual 

Observer(s).
An Equivalent Level of Safety will be maintained by ensuring that all operations are conducted 

with the consent of all participating persons. Additionally, in accordance with FSCJ’s UAS Flight 

Operations Manual, operations less than 500 feet from non-participating persons or structures,

may only take place if the PIC ensures that such operations can be conducted safely, that all

non-participating persons must be under protective barriers or structures, and that the

property/structure owner have granted permission for such operations. The size, weight, speed

of the UAS, as well as the location where it is operated, and the lack of flammable fuel onboard 

the aircraft further contribute to the safety of the operations.

10. 14 C.F.R. §91.121 Altimeter Settings

Exemption requested.

As the UAS proposed in this request utilize GPS altitude tracking, FSCJ is requesting an 

exemption from 14 C.F.R. §91.121, which requires that an aircraft be operated reference to an 

altimeter set to local barometric pressure.

An Equivalent Level of Safety will be achieved by 1) operating below 400 feet AGL, 2) utilizing 

GPS-based altitude data relayed to the ground-based PIC via telemetry, 3) verifying the accuracy 

of the GPS altitude before flight, and 4) keeping the UAS within visual line-of-sight of the PIC at 

all times. These procedures align with Astraeus Aerial’s previous granted exemption.

(See Docket No. FAA-2014-0352.)

11. 14 C.F.R. §91.151 Fuel Requirements for Day VFR Flight

Exemption requested.

FSCJ is requesting an exemption 14 C.F.R. §91.151, which lays out the minimum fuel 

requirements for required day VFR flight. The requirements are to carry “enough fuel to fly to 

the first point of intended landing, and, assuming normal cruising speed...to fly after that for at 

least 30 minutes.” Current battery technology for Small UAS, as proposed here, restricts the 

entire time of flight to approximately 30 minutes, if not less. Accordingly, a 30 minute “reserve” 

is not available and exemption from the requirements in 14 C.F.R. §91.151 is required.

In previous exemptions, the FAA has determined that an Equivalent Level of Safety can be 

achieved by limiting flights to no less than 25% remaining battery power, or no more than 30 

minutes of flying time, whichever occurs first. For the systems proposed here, battery life will 

be monitored via data relayed to the ground-based PIC via telemetry, and a separate flight timer 

utilized to track the length of the flight. Per the FSCJ UAS Flight Operations Manual, the PIC will 

begin maneuvering for a safe landing when battery life reaches 30% remaining, or when the 

flight time reaches 25 minutes, whichever occurs first.

(See Docket No. FAA-2014-0352.)

Summary for Publication in the Federal Register

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 sections of Title 14 of the Code of Federal Regulations:

Part 21, Subpart H; 91.203(a)(1); 45.23(b); 91.405(a); 91.407(a)(1); 91.409(a)(1)(2); 91.417(a) 

& (b); 61.3; 61.113; 91.7; 91.9(b)(2); 91.203(a) & (b); 91.103; 91.109; 91.119; 91.121; 

91.151.
The exemption will enhance safety by reducing risk to the general public and property owners from the 

substantial hazards associated with performing equivalent flight training with conventional fixed-wing 

aircraft, rotorcraft, or other methods.

Conclusion

Florida State College at Jacksonville’s Petition for Exemption meets the terms set forth in Section 333 of 

the Reform Act of 2012. This includes vehicle weight and speed, operating capabilities, operations with 

visual line-of-sight, operations near airports and populated areas, and privacy and national security. The 

operations proposed herein are in the public interest as they serve to provide training and education in 

the safe and effective operation of UAS, while also highlighting the benefits of this rising technology.

This Petition for Exemption covers all appropriate aspects of Section 333, gives the FAA justification for 

providing the exemptions requested, and would permit FSCJ to perform commercial operations as part 

of its Aviation Program coursework.

If you have any questions, or need additional information, please contact:

Sam Fischer

Aviation Degrees Program Manager

sam.fischer@fscj.edu

904-317-3844

Respectfully,

Sam Fischer
Appendix A

Summary for Publication in the Federal Register

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 sections of Title 14 of the Code of Federal Regulations:

Part 21, Subpart H; 91.203(a)(1); 45.23(b); 91.405(a); 91.407(a)(1); 91.409(a)(1)(2); 91.417(a) 

& (b); 61.3; 61.113; 91.7; 91.9(b)(2); 91.203(a) & (b); 91.103; 91.109; 91.119; 91.121; 

91.151.

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

substantial hazards associated with performing equivalent flight training with conventional fixed-wing 

aircraft, rotorcraft, or other methods.