November 24, 2015 

Re: Petition of Indiana University for an Exemption Pursuant to Section 333 of the FAA 

Modernization and Reform Act of 2012 

Dear Sir or Madam: 

This application is being submitted on behalf of The Trustees of Indiana University 

("IU") by its in-house counsel in the Office of the Vice President and General Counsel 

("OVPGC"). IU is a body politic of the State of Indiana, and we are writing pursuant to Section 

333 of the FAA Modernization and Reform Act of 2012 and 14 C.F.R. 11 to apply for an 

exemption from the Federal Aviation Regulations ("FARs") identified below so that IU may 

operate its small umnanned aircraft/lightweight unmanned aireraft systems ("UAS") on its own 

behalf in airspace regulated by the Federal Aviation Administration (FAA). 

DESCRIPTION OF PROPOSED OPERATION 

IU wishes to utilize a DJI Inspire 1(httu://www.dji.com/product/ins ip re-1), serial number 

W13DCD16030607, wing numberN 590YJ, to gather video and still photographs over and on 

IU's campuses and properties located across the state, in the interest of IU's essential missions: 

excellence in teaching and research and engagement in the life of the State of Indiana. Flights 

will be conducted in accordance with FAA regulations. Operations will be conducted with a 

pilot, camera operator, and a minimum of one spotter. Operators and spotters will be in constant 

communication and will maintain visual contact with the UAS. 

RELEVANT STATUTORY AUTHORITY 

IU is filing this petition for exemption pursuant to Section 333 of the FAA Modernization 

and Reform Act of 2012. When passing this legislation, Congress stressed the importance of 

integrating unmanned aircraft systems into the national airspace in a safe and speedy manner. 

The FAA administrator may permit UAS operation based on the following factors: the UAS's 

size, weight, speed, and operational capability; the UAS's operation is not in close proximity to 

airports; and the UAS is operated within the operator's visual line of sight. 

In accordance with the statutoiy criteria provided in Section 333 of Public Law 112-95 in 

reference to 49 U.S.C. § 44704, and in consideration of the size, weight, speed, and limited 

operating area associated with the aircraft and its operation, we believe that this aircraft meets the 

conditions of Section 333. 

INDIANA UNIVERSITY'S UAS MEETS REOUIREMENTS FOR SIZE, WEIGHT, SPEED, 

AND OPERATIONAL CAPABILITY 
Indiana University's exemption request would permit its operation of a lightweight, 

unmanned (i.e., piloted by remote control) UAS in tightly eontrolled and limited airspace under 

250 feet during daylight hours only. The maximum speed of the Inspire I is 481das and its 

weight is approximately 6.5 pounds. It will be operated in the visual line of sight (VLOS) of the 

operator at all times. A pre-flight inspection will always be conducted to determine if the UAS is 

in safe condition for flight. 

The Inspire also has many built-in safety features. For example, a GPS home point is set 

to the aireraft's curTent location when the engine starts. In the event of communication loss, or 

when the battery level drops below 25%, the Inspire automatically returns to the set home point 

and lands. 

INDIANA UNIVERSITY'S PROPOSED UAS OPERATIONS MEET THE REQUIREMENTS 

OF SECTION 333 OF THE REFORM ACT 

Indiana University will utilize our Small Umnamied Aireraft System Safety Program and the 

Manufacturer's Manual for the operational procedures and limitations needed to operate its UAS 

in accordance with the Petition for Exemption. Indiana University has written a summary of 

these conditions and listed them below. 

1. The UAS weighs less than 6.5 pounds. 

2. All flights will be conducted within the visualline of sight of the pilot, at least one 

observer, and the camera operator. 

3. Flights will be terminated if the reserve battery power drops below 25%. 

4. The UAS will not be flown at an altitude higher than 250 feet above ground level and 

will not be flown witliin navigable controlled airspace without prior authorization from 

the FAA. 

5. Flights will be conducted solely over Indiana University's campuses and properties. 

6. Pilots must register all flights in the University's notification log. 

7. Flight speed will not exceed 48 ktas, or approximately 55.2 miles per hour. 

8. Indiana University will adhere to the requirements in the Manufacturer's Manuals during 

the operation and maintenance of the UAS. 

9. A pre-flight inspection will always be conducted to determine if the UAS is in safe 

condition for flight. 

10.In the event of a loss of communication between the observer and pilot, the aircraft will 

be commanded to the lost link flight plan, which is a return to home and landing. 

11.All UAS flights will occur during daylight. 

12. UAS flights will not occur in poor weather conditions. 

13.If, for some reason, the UAS loses communication with the pilot, it will be able to return 

to apre-deterrnined loeation 

14.If the UAS will be used in populated areas: 

a. Use directly over people is prohibited. 

b. At least one spotter/assistant will be ufilized to keep people out of hinnediate fly 

zone (unless in a rernote area). 
c. No use will be permitted in indoor space containing people other than UAS 

operators. 

d. If images will be taken within 200' of a residential building, 5 days' notice must 

be posted in public areas of the building. 

e. Model releases will be required when people are identifiable unless the reasonable 

expectation of privacy exception applies. 

f. Flights will be conducted no closer than 50' to buildings. 

REGULATIONS FROM WHICH EXEMPTION IS SOUGHT 

Indiana University is seeking exemption from 14 C.F.R. Parts 21, 45, 61, and 91. The 

section below lists the specific parts from which exemption is requested and the operating 

procedures Indiana University will use to ensure safe operation of the UAS. 

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

In its previous statements, the FAA has said that an exemption from this section is 

unnecessary if it finds that the UAS in question provides an equivalent level of safety as another 

aircraft used for the same purpose. We believe that the criteria are met in this circumstance. 

Eqzrivalenz Level of Safety 

Indiana University's UAS was carefully chosen for its size, weight, and safety features. 

The UAS weighs less than 6.5 pounds and will be flown outdoors. The UAS will not transport 

any passengers or flammable materials of any kind. The speed of the UAS will not exceed 55.2 

rniles per hour, and it will not be flown at an altitude higher than 250 feet. 

An operator will monitor the flights of the UAS to ensure that all safety requirements are 

met. The operator will always keep the UAS within his visual line of sight. The UAS will not be 

flown in adverse weather conditions. 

14 C.F.R. Part 27 Airtivorthiness Standards: Normal Category Rotorcraft 

Title 14 C.F.R. Part 27 lays out the process for obtaining an airworthiness certification of 

normal categoiy rotorcraft. Indiana University seeks an exemption fi•om part 27's airworthiness 

standards for the reasons identified above in the exemption request for 14 C.F.R. Part 21, 

Subpart H. 

14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness 

The University also secks an exemption form 14 C.F.R. § 91.7(a) to the extent that the 

FAA might waive the requirement of an airworthiness certificate under Part 21. 

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

91.203(a)-(b): Carrying Civil Aircraft Certification and Registration 
Due to the small size of Indiana University's UAS, airworthiness documents and UAS 

manuals cannot flt on board the UAS. The UAS contains no cockpit or cabin in which to display 

the airworthiness certificate. 

Equivadent level ofsafety 

The pilot of the unmanned aircraft will have access to the UAS manual, registration 

certificate, and other required documents from the ground where he or she is operating the UAS. 

An opinion from the FAA Office of Chief Counsel declares the intent of the rule is to make these 

documents available to the pilot during the flight. If the pilot has access to the documents from 

the ground where he or she is operating the UAS, then an equivalent level of safety will be 

reached. 

14 C.F.R. § 91.103: Preflight Action 

Indiana University is requesting an exemption fi•om 14 C.F.R. § 91.103, which requires 

an operator to familiarize himself/herself with an FAA-Approved Flight Manual before each 

flight. Indiana University agrees that the operator must know information necessary to safe 

flying, but it requests an exemption to the extent that an FAA-approved Flight Manual is 

mandatory: 

Eqaiivalenfi Safely Measau-es 

Operators will receive Indiana University's Operations and Flight Manual and the 

Manufacturer's Manual for the DJI Inspire 1. The operator will still complete a series of 

checklists for pre-flight, launch, landing, after landing, and shut down procedures. The operator 

will also be responsible for reviewing the flight requirements, battery level, and weather 

conditions before flight. 

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

This section mandates that all flights must take place above 500 feet and that an aircraft 

must be operated at least 500 feet fi•om people and buildings. 

Indiana University requests exeinption fl•om this section, which prohibits flights below 

500 feet above gromrd level. This exemption is requested because UAS operations will need to 

occur below 400 feet. Indiana University's proposed UAS operations may require the pilot, 

observer(s), and camera operator to be less than 500 feet fi•om the UAS. Furthermore, Indiana 

University plans to use its UAS for photography purposes and would like to fly the UAS within 

500 feet of its structures, birt no closer than 50 feet from its structures. 

EquivalentLevel ofSafely 

Indiana University's UAS weighs far less than other rotorcraft and will not can•y any sort 

of passengers or flammable fuel. Therefore, the risks associated with UAS operations are less 

than those associated with conventional aircraft. The size, weight, and speed of the UAS, paired 

with the controlled location of its operation, will help achieve an equivalent level of safety. 
Finally, restricting flight operations to below 250 feet above ground level helps avoid risk to any 

manned aircraft. The guidelines Indiana University has in place will help protect pailicipants, 

non-participants, and property from damage. 

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

This section requires a pilot to use an altimeter to maintain an aircraft's altitude. The 

altimeter is set to barometric presswe or the elevation of the departure airport. Indiana University 

requests exemption from this section because the UAS does not contain a barometric altimeter. 

Instead, the UAS is equipped with a GPS system that gives information about the UAS's 

altitude. 

Equivalent Level of Safe(y 

The FAA has stated that an equivalent level of safety can be reached under this section 

when 1) the UAS will be operated below 400 feet, 2) within the operator's visual line-of-sight, 3) 

where GPS can relay the altitude information to the operator in real time, and 4) when a zero 

altitude initiation point is established prior to each flight to eonfirm the GPS's accuracy. 

Indiana University plans to satisfy these requirements. 

14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions 

This section requires the aircraft to maintain a 30-minute battery reserve during the 

daytime and a 45-minute batteiy reserve during nighttime. This requirement essentially means 

that Indiana University's UAS would not be able to embark on meaningful flight operations 

because of the relatively short lifespan of its UAS's battery. 

EquivalerrtLevel ofSafety 

The FAA has stated that an equivalent level of safety can be obtained by requiring a UAS 

to end its flight when the battery reserve power falls to 25%. (Grant of Exemption to Astraeus 

Aerial, Docket No. FAA-2014-0352.) Indiana University will require flights to be terminated 

once 25% battery power is reached. 

The DJI Inspire 1 gives low battery warnings. When the battery level drops below 25%, 

the Inspire will automatically return to the home point and land. This feature, along with the 

safety procedures in Indiana University's Flight Manual, ensure an equivalent level of safety will 

be achieved. 

14 C.F.R. § 91.405(a), 91.407(a)(1), 91.409(a)(1)-(2), 91.417(a)-(b): Maintenance and 

Inspections 

Indiana University requests exemption fi•om the maintenance inspection requirements 

listed in the sections above. These sections require specific maintenance and inspection 

standards, and these standards apply only to aircraft with an airworthiness certificate. Indiana 

University's UAS will not have an airworthiness certi$cate, so the University is seeking an 

exemption from these sections. 

Equivalent Level of Safety 
Indiana University plans to achieve an equivalent level of safety by conducting 

maintenance worlc and inspections according to the Manufacturer's Manual. Also, Indiana 

University's Operational Flight Manual requires pre-flight checks to ensure that the UAS is safe 

to fly. 

14 C.F.R. Part 61, 14 C.F.R. § 61.113: Private Pilot Privileges and Limitations 

Indiana University requires its UAS pilot to undergo training and coniply with FAA 

regulations concerning pilot requirements. 14 C.F.R § 61.113 restricts private pilot certificate 

holders from flying aireraft for compensation or hire and requires the pilot to hold a second class 

medical certificate. Indiana University is seeking an exemption fi•om these requirements. 

Section 61.113 aims to ensure that pilots are skilled and competent to provide a safe 

flight for its passengers or cargo. The pilot in this case will operate the UAS for the commercial 

purpose of collecting marketing material for Indiana University. The UAS will not be carrying 

passengers or cargo. 

The FAA decided that because of the unique characteristics of UAS operation in a 

controlled airspace, the additional cost and restrictions of requiring a pilot to have a Commercial 

Pilot Certificate and Class II Medical Certificate were unwarranted. 

Equivalent Level of'Safety 

Indiana University will achieve an equivalent level of safety to these requirements by 

adhering to the safety procedures listed its Operational and Flight Manuals. The UAS will be 

flown below 400 feet, during daylight, and in the visual line of sight of the operator. The UAS 

piiot will be highly trained and will comply with all FAA pilot requirements. 

PUBLIC INTEREST 

Granting Indiana University's request comports with the public interest in multiple 

independent and interdependent ways. As education and research tools, UASs have the potential 

to contribute significantly to U.S. leadership in aviation, to advances in science and engineering, 

and more broadly to our national interest. Granting this request would allow Indiana University to 

support its researchers' efforts in these important areas. Granting this request also supports the 

Secretary of Transportation's (FAA Administrators') responsibilities not only to integrate UASs 

into the national airspace system, but also to establish requirements for the safe operation of such 

UASs in the national airspace system under Section 333(c) of the Reform Act. 

The proposed UAS operations will in fact improve safety by allowing aerial photographs 

to be taken without the need for utilizing a ftill-sized aircraft. Unlike a full-sized aircraft, if the 

UAS were to crash, no passengers would be on board and there is no combustible fuel to 

explode. Further, the risk of bystanders or the pilot being injured is significantly less than the 

risk of them being injured by the debris of a full-sized aireraft. Additionally, IU's 

implementation of detailed UAS approval procedures, involving stakeholders throughout the 

university's administration, ensures the greatest possible oversight of UAS operations and the 

greatest possible reduction of risk associated with their use. Indiana University will conduct its 

operations in compliance with the protocols described herein or as otherwise established by the 

FAA. 
FEDERAL REGISTER SUMMARY 

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

Federal Register: 

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

Federal Regulations: 

Part 21, Subpart H; Part 27; 61.113; 91.7(a); 91.9(b)(2); 91.103; 91.119; 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). 

This exemption will reduce risk to the general public and property owners because it 

avoids many of the hazards of flying a larger, conventional aircraft over the university's grounds. 

CONCLUSION 

Indiana University's Petition for Exemption meets the requirements listed in Section 333 

ofthe Reform Act of 2012. Indiana University is dedicated to the safe operation of its UAS and 

has designed protocols for the proposed operations of UAS on its campuses that comply with the 

FAA's requirements. Please contact the undersigned if you have any questions or need 

additional supporting information. 

Respectfully sub ' ted 

~"0 

Larry V. Stephens 

Director 

400 E. 7°i Street Room 705 

Bloomington IN 47405 

812-855-0104 

stephenL@iu.edu 

Attachment A: Indiana University's DJI Inspire 1 Flight & Operational Manual 

Attachment B: DJI Inspire 1 User Manual 

Attachment C: Intelligent Flight Battery Safety Guidelines 

Attachment D: Inspire 1 Quick Start Guide 

Attachment E: hispire 1 Pilot Training Guide 

Attachment F: Indiana University's Small Unmauned Aircraft Safety Program 

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