## Petition for Exemption I 

## COA Request

Petitioner: Drone University USA' 13363 Peninsula Dr_ 

### Auburn, CA 95602 

### Phone(855)435·9828 Email: barrym@droneuniversityusa.com 

## U.S. Department of Transportation, Docket Operations West Building, Ground Floor, Room W12-140 1200 NewJerseyAvenue, SE Washington, 

### DC 

### 20590
Description of Relief Sought:

The petitioner is seeking an exemption to commercially operate its unmanned aircraft in UAS compliance training forthe public, aerial photography ortelevision operations, to conduct its own research and 

### to develop economic platforms far 

### law enforcement, first responders, and search and rescue. 

### i'

Re: Exemption Request Pursuant to Section 333 ofthe FAA Reform Act and Part 11 ofthe Federal Aviation Regulations from: 14 CFR 21 subpart H; 14 CFR45.23(b); 14 

### CFR 61.113(a) and (b); 1f,' CFR 91.7(a); 14 CFR 91.9(b)(2); 14 CFR 91.103; 14 

## CFR 91.109; 14CFR 91.119(c); 14 CFR 91.121; 14 CFR 91.151(a); 14 CFR 91.203 (a) and (b); 14 CFR 91.405 (a); 14 CFR 91.407 (a) ( ) 14 CFR 91.409 (a}(1) and (2); 14 CFR 91.417(a) and (b). I**P<~ge** 1

! 11/W 39\i'd NOilt'lS 3I8WOJ 8S088960ES s0:z;1 S10G/VG/80DearSiror Madam:

I Pursuant to Section 333 ofthe FAA Modernization and ReformAct of2012 (the "ReformAct") 

## i and 14 CFR Part 11, Drone University USA, Barry Morris, operator of an UnmannedAircraft System (UAS), hereby applies for an exemption from the listed Federal Aviation Regulations ("FARs") to

### ~!low commercial operation of its UAS, so long as such operations are conducted within and under**th~** conditions outlined herein oras may be established 

### by the FAAas required by Section 333. I I I I Commercial operation ofan UAS, as described herein, which are equipped with camera(s) and i I sensors, would operate in the following manner: 

# i

1. The ability to offerTraining to persons individually or belonging to both private and/or public organizations thathave interests in the use and application ofa UAS forthe purpose of thesafe operation ofa UAS to enhance the safety ofthe NationalAirspace System (NAS) as well as forthe protection ofthe persons and property. An awareness training syllabuswill also be offered to the hobbyistto promote general public safety, responsibility, and privacy. 2. Aerial video/photography orproviding live video feed to assistwith search and rescue operations in cases ofan emergency or natural disasteronlywhen the local authorities or government has requested it by contract ordonation. 3. Aerial photography and/orvideo for public and/or private use including real estate, architecture, land surveying, engineering and other related professional activities. 4. Aerial video and/or photography for public and/or private use includingtelevision, public events, cinematography and news gathering. 5. Aerial inspection/photography of residential/commercial utility infrastructure including but not limited to electrical power lines, wind turbines and cell towers. As described fully below, the requested exemption would permit the operation ofa UAS under 1 controlled conditions in the NASthatwould be a) limited b) controlled c) predetermined and d) I 

### will provide safety enhancements to the already safe operations in the industry presently using i conventional aircraft. Approval ofthis exemption would thereby enhance safety and fulfill the I Secretary

## ofTran~portation's (the FAAAdministrator's) responsibilities to "

____establish I requirements forthe safe operation ofsuch aircraft systems in the national airspace system_" 

## I

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11/EO 381;;;id NOil'v'lS 3I8WD8 8908892:0E9 ! 

# i I I i I 

## I I 

## i

### Regulations from 

### which the 

### exemption Is requested=

14 CFR Part21 subpart H 14 CFR45.23 (b) 14 CFR 61.113 (a) &(b) 14 CFR 91.7 (a) 14 CFR 91.9 (b) (2) 14 CFR 91.103 

### 14 CFR 91.109 14CFR91.119(c) 14 CFR 91.121 14 CFR 91.151 (a) 14 CFR 91.203 (a) &(b) 14 CFR 91.405 (a) 14CFR 91.407 (a) (1) 14 CFR 91.409 (a) (2) 14 CFR 91.417 (a) &(b)

Drone University USA

### will operate the following aircraft's: 

### i

. i



## I I I

i I 

## i i I Blade Nano QX micro drone as the initial traineraircraft. The Blade Nano QX is 14cmX 14cm I weighing 16.5g. Under still airthe 

### maximum speed is not morethan 10 m/s or22 

### mph. The

### Blad~ Nano QX has 4 

### motors powered 

### by a 3.7V 150mAh 25C 

### Li-Po battery. I I i I I The DJI Phantom 1forfurthertraining and operations. The Phantom 1 dimensions are 35cm X**~5cm** weighing <1200g. Understill airthe maximum speed is 1Om/s or 22.5 mph. DJI Phantom 1 has 4 motors powered by 11.1 V, 2200 mAh3S Li-Po battery. · ! The DJI Phantom 2 for furthertraining and operations. The Phantom 2 dimensions are 29cm x 29cm weighing 1OOOg. Understill airthe maximum sir speed is 1Om/s or22.5 mph. DJI Phantom 2 has4 motors powered 

### by 11.1 V, 5200 mAh3 S Li-Po battery. Remote controls will use an operating 

### frequency of2.400 GHz- 2.483 GHz.

### Any live video 

### feed will have an operating frequency of5.728 GHz**~** 5.850 GHz.
Page 3

1:1/PO 39\i'd NOilV'lS 3I8WOJ 8S0889C:OES i !

### AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY The operation limitations proposed for an equivalent or higher level of safety because operations will further enhance 

### the safety ofthe persons and/or property using conventional aircraft. These limitations and conditions to which the applicant agrees to adhere to when conducting commercial operations underthe FAAissued l?'xemption include: 1. The UAS 

### will weigh less than 55 lbs. 2. The UAS will have a maximum operating speed of no more than 50 mph. 3. 

### Flights will be operated within line of sight ofthe Pilot in Command (PIC) and/orVisual Observer (VO). The applicant will operate the UAS in line of sightwithin a closed off and predetermined area owned and/operated by the property representative. 4. Maximum flight time for each operational flight will be 30 

### minutes. Flights will 

### be terminated at 25% battery power reserve or 30 minutes offlight time whichever occurs first. 5. Flights 

### will be operated at an altitude of no more than 400 feetAbove Ground Level (AGL) and not more than 200 feet above an elevated platform from which filming is planned. 6. Minimum crewfor each operation will consist ofthe UAS Pilot, the Visual Observer (VO) and may include but not limited to a Camera Operator. 

### ' i 

### 7. The UAS pilot will be a designated Pilot.in Command 

### (PIC) will hold a Commercial Pilot's 

# i License along with a Second or higher Class Medical Certificate. Ifthe 

### PIC feels another J 

### operatorto be qualified with the necessary skills to be PIC & 

### possess a Commercial Pilot's 1 

### License along with a Second or higher Class Medical Certificate, that person may be designated PIC provided they have a minimum of20 hours offlight time with the UAS. I 

### 8. A briefing will be performed regarding the planned UAS operations priorto each day's flight consisting ofall the·days' production activities. 9. All flights will 

### occur underVisual Flight Rules Meteorological Conditions (VMC) only. 10. Ifoperations will be within a 5 mile radius ofthe geographic center/Airport Reference Point (ARP) of atower controlled or uncontrolled airport the respective airports

### will be contacted advising them ofthe estimated flight time, 

### flight duration, elevation offlight and other pertinent information. Airport common traffic frequency orcontrol tower frequency will be monitored during operations. I 

# I i i 

### ' I i

i 

### 11. The operatorwill file FAA Form

### 7711~1, or its equivalent, as modified in light ofthe 

## I requested exemption, w\th the appropriate local Flight Standards District Office (FSDO) no

## mor~ than 72 hours but no less than 48 hours from planned operation. 

## i

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t1/90 38'Vd NOil\:715 3I8W08 89088900E912. The operator

### will obtain verbal/written consent ofall persons involved with the planned operation and ensure that only consenting persons will be allowed within 30 feet ofthe flight operation. With the advanced permission ofthe FSDO, operations at closer range may be approved. 

### 13. The PIC and VO will have been trained in operation of UAS and receive up-to-date information forthe particular UAS to be operated. 14. The PIC and VOwill 

## be able to communicate byvoice, radio, and/ortext at all times. 

### 15. Written and/orverbal permission and permits as appropriate will be obtained from territorial, state, county orcityjurisdictions, including law enforcement, fire orotherappropriate governmental agencies. 

### 16. Ifthe UAS loses communications with the remote controller or loses GPS signal, the UAS will have the capability to return to a per-determined location within a designated location and land autonomously. i 

### 17. The UAS_

### will have the capability to abort aflight in case of unpredictable obstacles, weather1' or emergencies.

14C.F.R. 

### Part 21, Subpart H: 

### Airworthiness Certificates 14 C.F.R. §91.203 (a) (1) Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements forthe issuance ofairworthiness certificates as required by FAR §91 .203 (a) (1). Given the size and limited operating area associated with the aircraftto be utilized by theApplicant, an exemption from Part

### 21 Subpart H meets the requirements of an equivalent level ofsafety under Part 

### 11 and Section 333 ofthe Reform Act. The FederalAviationAct (49 U.S.C.§44701 

### (f)) and Section 333 ofthe Reform Act both authorize the FAAto exempt aircraft from the requirement foran airworthiness certificate, upon consideration ofthe size, weight, speed, operational capability, and proximity to airports and populated areas ofthe particular UAS. In all cases, an analysis of these criteria demonstrates that the UAS operated without an airworthiness certificate, in the restricted environment and underthe conditions proposed will be at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate without the restrictions and conditions proposed. The UAS to be operated hereunder is lessthan 55 lbs. fully loaded, carries neither a pilot nor passenger, carries no explosive materials orflammable liquid fuels, and operates exclusively within a secured and designated area. Unlike other civil aircraft, operations underthis j

exemption will be tightly controlled and monitored by both the operator and underthe requirements and in compliancewith local public safety requirements. The FAAwill have ! advance notice ofall operations. These safety enhancements provide a greater degree ofsafety to the public and property owners than conventional operations conducted with airworthiness [

11/98 38'v'd NOil'v'lS 3HIW08 89B889Z:BE9

### certificates issued under 14 c_F.R. Part21, Subpart H. Lastly, application ofthese same

### criteri~ demonstrates that there is no credible threat to national security posed 

### by the UAS, due to its 

### ! size, speed ofoperation 1 

### location ofoperation, lack of explosive materials orflammable liquid 1 

### fuels, and inability to carry asubstantial external load.



### 14 C.F.R. 

### § 45.23 (b). Marking oftheAircraft

The regulation requires:
I 

### When marks include only the Roman capital letter "N" and the registration number is displayed 

## I on limited, restricted or

### !ight~sport category aircraft or experimental or provisionally certificated \ aircraft, 

### the 

### operator must also display 

### on that aircraft 

### near each 

### entrance to the 

### cabin, cockpit,\ or pilotstation, in 

### letters not less than 2 

### inches nor more than 6 inches high, the words "limited,'i "restricted," "light-sport," "experimental," or "provisional," as applicable_ ; Even though the UAS will have no airworthiness certificate, an exemption may be needed as 

## I the 

### UAS will have no 

### entrance to the cabin, 

### cockpit or pilot station on 

### which the word I 

### "Experimental" can be placed. Given the size ofthe UAS, two-inch lettering 

### will be impossible. 

## i The word "Experimental" 

### will be placed 

### on the fuselage 

### in compliance with 

### §45.29 (f). \ The equivalent level ofsafety will be provided by having the UAS marked on iis fuselage as \ required by §45_29 (f) where

### the pilot, 

### observer and others working with the 

### UAS will see the i identification 

### ofthe UAS 

### as "ExperimentaL" \

I 

# ' i 14C.F.R. 

### § 

### 61.113 (a) 

### and (b): Private Pilot Privileges and Limitations: Pilot in Command. 

# i

Pursuant to 14 CFR 61.113 (a} 

### & 

### (b), no person who holds 

### a private pilot certificate may act as a pilot in command ofan aircraftthat is carrying passengers or property for compensation or hire_ Drone University USA, Barry Morris, may 

### achieve an 

### equivalent level of 

### safety 

### as achieved 

### by current Regulations because the applicant's 

### UAS 

### do not 

### carry any 

### pilots or passengers nor property_ The risks attendant 

### to the operation of UAS is far less than the risk levels inherent in the commercial activities outlined in 14 CFR 61. The PIC ofthe UAS will have Commercial Pilot's License along with 

### a current Second Class or higher Medical 

### exceeding 1ha current 

### safety levels in relation to 14 CFR 61.113 (a) & 

### (b)_ Ifeel the operation and limitations will 

### equate to the safe operation ofthe UAS.



### 14 C.F.R. §91.7(a): Civil AircraftAirworthiness. The regulation requires that no person 

### may operate a civil aircraft unless it is in airworthy condition_ 

### As there will 

### be no airworthiness certificate issued for the aircraft, should this I 

### exemption be granted, 

# no FAA regulatory standard will exist for determining airworthiness. Given the size ofthe aircraftfor maintenance and use ofsafety check lists priorto each flight anIJ equivalent level ofsafety 

### will be provided.



### 14 C.F.R. 

### §91.9 (b) (2): CivilAircraft Flight Manual in the Aircraft. Section 91.9 (b) (2) provides: No person may operate a U.S.-registered civil aircraft :_. (2) Forwhich an Airplane or Page6

11/LO 39'ii'd NDil'ii'lS 

## ::ns:wm 89088960E9

### Rotorcraft Flight 

### Manual 

## is not 

### required by §21 .5 ofthis chapter, 

### unless there 

### is available 

### in thei aircraft a current approved airplane or 

### Rotorcraft Flight Manual, approved manual material, ! 

### markings, and placards, orany combination thereof. The 

### UAS, given its size

### and configuration [ has no ability or place

### to carry 

### such a flight manual on the**aircraft~** not only because there is 

### not 

### pilot on 

### poard, but becausethere is no room or capacity to carry such an item on the aircraft. 

## I The 

### equivalent level 

### ofsafety will be maintained by keeping the 

### flight manual 

### at the ground 

## I control point where the pilot flying 

### the UAS 

### will have 

### immediate access to 

### it. j

I I I 

### 14C.F.R. § 

### 91.103: PreflightAction. I i This regulation requires each pilot in command

### to take certain actions before flight to insure

### thel safety offlight. As FAA approved rotorcraft flight manuals will not be provided forthe aircraft an 

# i exemption will be needed. 

### The PIC

### will take all actions under Normal Procedures including 

### but 1 not limitedto reviewing weather, flight battery requirements, landing and takeoffdistances and ; aircraft 

### performance data before initiation of

### flight.



### 14C.F.R. §91.109: 

### Flight Instruction.

Section 91.103 provides that no 

### person 

### may operate a civil aircraft 

### (except a manned 

### free balloon) that is being used forflight instruction unless that aircraft hasfully functioning dual controls. UAS and remotely piloted aircraft, 

### by their

### design do not havefully functional 

### dual 

## i controls. Flight control is accomplished through 

### the use ofa control box that communicates

### witH the aircraft

### via radio communications. The 

### FAA has approved exemptionsforflighttraining i withoutfully functional dual controls for a numberofaircraft and forflight instruction 

### in 

# i experimental 

### aircraft. The 

### equivalent level ofsafety provided 

### by the factthat 

### neither a pilot nor 1 passengers will be carried 

### in the aircraft and bythe size and speed ofthe aircraft.


### 14 C.F.R. §91.119; Minimum

### SafeAltitudes.


### Section 91.119 establishes safe altitudes for operation of

### civil aircraft Section 91.119 (d) 

### allows, helicopters to be operated at 

### less than the minimums prescribed, provided the person operating the helicopter complies with any route oraltitudes prescribed for helicopters by the FAA. As this\ exemption is for a UAS that is a helicopter and the 

### exemption requests authorityto operate at i altitudes up to 400AGL, or not morethan 

### 200 above an elevated 

### platform from which filming is i**planned~** an exemption may be 

### needed to allowsuch operations. As set forth herein, the UAS 1 

### will never operate 

### at higher than 400AGLwith the exception that 

### in circumstances

### where the ! UAS is used to survey orphotograph a 

### structure whose height exceeds 400 feetAGL, the UAS I

. I 

### will not be operated more than 200 feet above

### the highest point on the 

### structure. It will however! be operated in a restricted 

### area 

### with security perimeter, where buildings and people will not be 

## I exposed to operations withouttheir pre-obtained 

### consent. The equivalent 

### level ofsafetywill be i achieved given the size, weight, 

### speed ofthe UAS as well as the location where it is operated.**~o** flight will be taken withoutthe permission ofthe property owneror 

### local officials" Because of**th~** advance notice to 

### the property owner and participants in thefilming activity, all affected**individu~ls** will be aware of

### the planned flight 

### operations. J

H/80 38\i'd Paga7 

### j

NOilV'lS 3I8WOJ 890889G0E9 I 

## I I ! I !Compared to flight operations with aircraft or rotorcraft weighting far morethan the maximum 551bs. proposed herein and the lack 

### offlammable fuel, any risk associated with these operations is far less than those presently presented with conventional aircraft operating at orbelow 

### 500 

## I AGL. In addition, the low-altitude operations 

### ofthe 

### UAS will ensure separation between these 

## I UAS operations and the operations of conventional aircraftthat must comply with Section ' 

### 91.119.

14C.F.R. §91.121 Altimeter Settings.

This regulation requires each person operating 

### an aircraft to maintain cruising altitude by 

# I reference to an altimeterthat is set "

...to the elevation ofthe departure airport oran appropriate! altimeter setting available before departure."As the 

### UAS may not have a barometric altimeter, 

### 1 but instead a 

### GPS altitude read out, an exemption 

### may be needed. An equivalent level of**safet~** will be ach!eved 

### by the operator, pursuant to the safety check list and 

### live flight data monitoring,! confirming the altitude ofthe launch site shown on the 

### GPS altitude indicator beforeflight. 

### 1 

## I 14 C.F.R. 

### § 91.151(a); Fuel Requirements

### for Flight inVFR Conditions [ I I I Section 

### 91.151 (a) prohibits an individual from beginning "a flight in an airplane underVFR conditions unless (considering wind and forecast weatherconditions) there is enough fuel to 

### fly tothefirst point of intended landing, and, assuming normal cruising**speed~** (1) During the day, tofly afterthat for at least 30 minutes; or (2)At night, to fly afterthatfor at least 45 minutes." The battery powering the UAS provides approximately 30 minutes of powered flight. To meet the 30 minute reserve requirement in 14 CFR §91.151, UASflights would be limited to ! approximately 

### 10 minutes in length. Given the limitations on the UAS's proposed flight area and the loc:atlon of its proposed operations within a predetermined area, a longertime frame for ! flight in daylight ortwilightVFR conditions is

### reason~:Jble. i I Applicant believes that an exemption from 

### 14 CFR 

### §91.151 (a} falls within the scope of prior 

## I exemptions. Operating the UAS, in a tightly controlled area where only people and property 1 I owners or official representatives who have signed waivers will be allowed, with less than 30 1 minutes ofreserve fuel, does not engenderthe

### type of risks that Section 

### 91.151 (a) was i intended to alleviate given the size and speed ofthe small UAS. Additionally, limiting UAS flight$ to 

### 10 minutes would greatly reduce the utility forwhich the exemption will be granted. Applicant i believes that an equivalent level ofsafety can be achieved 

### by limiting flights to 30 minutes or ! 25% of battery power- whichever happens first. This· restriction would be more than adequate 

## I to return the UAS to its planned landing zone from anywhere in its limited operating area. 

## I

14 C.F.R. 

### §91.203 (a} and 

### {b): 

### Carrying CivilAircraft**~ertification** and 

### Registration

The regulation provides in pertinent part: Except as provided in§ 

### 91.715, no person may operate a civil aircraft unless it has within 

### it the following:
PageS I I I I 

# i

i I I 

## I 

## I i I 

## I

11/50 38\;;id NOI11;71S 3I8WQ;) 89088960E9 I !

### (1)An appropriate and current airworthiness certificate. (b) No person may operate a civil aircraft unless the airworthiness certificate required 

### by paragraph (a) ofthis section or a special flight authorization issued under

### §91.715 

### is displayed 1 atthe cabin or cockpit entrance so that it is legible to passengers orcrew. I The UAS fully loaded weighs no more than 551bs. and is operated without an onboard pilot. As

## i such, there is no ability or place to carry certification and registration documents orto display ! them on the UAS. 

## l I ! An equivalent level ofsafety will be achieved by keeping these documents at the ground controi pointwhere 

### the pilot flying the 

### UAS will have immediate access to

### them, to the extent

### they are 

## I applicable tothe UAS. I



### 14C.F.R. §91.405 (a); 

### 407 (a) 

### (1); 409 (a) 

### (2); 417(a) & 

### (b): Maintenance Inspections. I 

## I I ! ; These regulations require that an aircraft operator or owner ''shall havethat aircraft inspected \ as prescribed in subpart E ofthis part and shall between required inspections, except as I provided in paragraph (c) ofthis 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. 

### ! I Given that these section and Part43 apply only to aircraft with an airworthiness certificate, 

## I these sectionswill not applytothe applicant. Maintenance will be accomplished bythe operator!! pursuantto theflight manual and operating handbook.An equivalent level ofsafety

### will be , achieved because the 

### UAS is 

### very limited in size

### and will carry a small payload and operate ! only in restricted areas for a limited period oftime. If mechanical issues arise the UAS c'an land i immediately andwill be operating from no higherthan 400 feetAGL. The operatorwill ensure 

## I thatthe 

### UAS is in working order priorto initiating flight, perfori11 required maintenance, 

### and keep 

### a Jog ofany maintenance performed. Moreover, the operator

### is the person most familiarwith

### th~ aircraft and best suited to maintain the aircraft in an airworthy condition to providethe equivalent level 

### ofsafety. I An equivalent level 

### of safety will be achieved because maintenance and inspections will be performed 

### in accordance with the UAS Manufacturer1

### s User Manual. The operator

### will ensure thatthe UAS is in working order priorto initiating flight and perform required maintenance as needed.

Page 9



### NOU\;/lS 3I8WO:J 89088960E9 

## I i I 

## l !

### Additional Information ' I I 

### ! 

## I The applicant, Drone University USA

### (Barry Morris) has been involved in flight training for over

### 25 years. 

### Mr. Morris owns and operates Bravo MikeAviation as chiefflight instructor and pilot. In

### a~dition he is the chiefflight instructorfora Part 141 flight academy loc'ated 

## at KSAC (Sacramento

### Exec~tive Airport. Mr. Morris 

### has over4,500 hrs. 

### TT including over

### 3,000 offlight instruction given. 

### He**ha~** experience in over35 models offixed wing aircraft and was elected the theAircraft Owners and! Pilots Association (AOPA) FlightTraining ExcellenceAwards for both 2013 and 2014, being a group ofonly 

### 75 out of 

### 1,500 flight instructors nationwide. 

### ! I I Satisfaction ofcriteria provided in Section 333 ofthe Reform Act of2012 provide more than adequate justification forthe grant ofthe requested exemptions allowing the commercial operation ofthe applicant's UAS.

Given the small size ofthe UAS and the controlled environment provided the proposed operations will adhere to the Reform Act's safety requirements. The approval ofthis application presents no national security issues. Regarding the level ofsafety surrounding the proposed operations and the 

### public benefit, reduction in environmental impacts, including but not limited 

## to reduced emissions and noise, professional and private user education, the grant ofthe requested exemption is in the public interest.Accordingly the applicant requeststhatthe FAA 

### grantthe requested exemption with minimum delay.

Sincerely,

# ~~·· Barry Morris Drone University USA

# ORO~ UNIV5RSITY USA

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11/11 38\i'd NOil'v'lS 3I8W08 89088960£9