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 i p 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 CAPABILITYIndiana 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 RegistrationDue 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 SafetyIndiana 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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