Mark E. McKinnon

Matthew J. Clark Mark.McKinnon@dentons.com

Matthew.Clark@dentons.com

D 703.336.8708

D 703.336.8714

Dentons US LLP

1676 International Drive • Penthouse

McLean, VA 2 2102

United States

T 703.336.8800

F 703.336.8750 Salans FMC SNR Denton

McKenna Long

dentons.com

July 28

, 2015

To Whom it May Concern:

Pursuant to Section 333 of the FAA Moderni zation and Reform Act of 2012 (Reform Act )

and 14 C.F.R. Part 11, the University of Maine ( hereinafter sometimes referred to as " U M aine" or

" University ") hereby applies for a S ummary 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 conducting aerial data collection in support of its education,

research, a nd community outreach programs. Specifically, UMaine seeks to operate the following

UAS: DJI Phantom Series, DJI Spreading Wing Series, and the Sensefly eBee Mini Drone UAS.

UMaine respectfully submits that this Petition for Exemption qualifies for expe dited approval, as the

Federal Aviation Administration ( FAA ) has previously issued grants of exemption in circumstances

similar in all material respects to those presented herein

.

In addition to this Petition for Exemption, UMaine will also separately su bmit The University

UAS Operations Manual

. UMaine submits this material as a confidential document under separate

cover pursuant to 14 C.F.R. § 11.35(b), as the material contain s confidential commercial and

pr oprietary information that UMaine has not and w ill not share with others. The information

contained in the material 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. U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

Re: Petition of the University of Maine for Summary Grant of Exemption Pursuant to

Section 333 of the FAA Modernization and Reform A ct of 2012U.S. Department of Transportation

July 2 8 , 2015

Page 2

For your convenience, this Petition is organized as follows:

T ABLE OF C ONTENTS

P AGE

I. B ACKGROUND & D ESCRIPTION OF P ETITIONER

................................ ................................ 3

II. D ESCRIPTION OF P ROPOSED O PERATIONS

................................ ................................ ......... 4

III. R ELEVANT S TATUTORY A UTHORITY

................................ ................................ ................. 5

IV. UM AINE ' S P ROPOSED UAS O PERATIONS M EET THE R EQUIREMENTS OF

S ECTION 333 OF THE R EFORM A CT

................................ ................................ .................... 5

A. Approval is Warranted Based on the UAS's Size, Weight, Speed, and

Operational Capability

................................ ................................ ............................. 5

B. Approval is Wa rranted Based on the Operational Restrictions in UMaine's

Operating Documents

................................ ................................ .............................. 7

V. R EGULATIONS F ROM W HICH E XEMPTION I S S OUGHT

................................ ...................... 7

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

Req uirements

................................ ................................ ................................ ........... 8

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

Maintenance Inspections

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

C. 61.23(a) and (c), 61.113, 61.101(e)(4) and (5), 61.315: Private,

Recreational and Sport Pilo t 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 Aircraf t Certification and Registration

................................ ... 11

F. 91.103: Preflight Action

................................ ................................ ........................ 12

G. 91.109(a): Flight Instruction

................................ ................................ ................. 12

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

................................ 14

VI. D RUG AND A LCOHOL P ROGRAM

................................ ................................ ...................... 14

VII. P UBLIC I NTEREST

................................ ................................ ................................ .............. 14

VIII. P RIVACY

................................ ................................ ................................ ............................ 15

IX. F EDERAL R EGISTER S UMMARY

................................ ................................ ........................ 15

X. C ONCLUSION

................................ ................................ ................................ ..................... 15U.S. Department of Transportation

July 2 8 , 2015

Page 3

I. B ACKGRO UND & D ESCRIPTION OF P ETITIONER

The University of Maine, founded in Orono in 1865, UMaine is a land and Sea Grant

institution and the flagship campus of the Universit y of Maine System. It is among the most

comprehensive higher education institutions in the Northeast and attracts students from across the

U.S. and more than 65 countries. It currently enrolls over 11,000 undergraduate and graduate

students who can directl y participate in groundbreaking research working with world

- class scholars.

The University of Maine offers doctoral degrees in 35 fields, representing the humanities, sciences,

engineering, and education; master’s degrees in roughly 70 disciplines; 90 unde rgraduate majors and

academic programs; and one of the oldest and most prestigious honors programs in the U.S.

As one of New England's premiere universities, UMaine's vibrant and dynamic university

serves the residents of Maine, the nation, and the world through our acclaimed programs in teaching,

research, and outreach. Comprehensive outreach, including public service, Cooperative Extension,

continuing education, and distance learning, engages learners of all ages in improving their lives and

communities . Using research

- based knowledge, outreach efforts promote sustainable use of Maine’s

abundant natural resources and build intellectual, cultural, and economic capacity throughout Maine

and beyond.

The University of Maine advances learning and discovery through excellence and innovation

in undergraduate and graduate academic programs while addressing the complex challenges and

opportunities of the 21st century through research

- based knowledge. Through integrated teaching,

research, and outreach, the Unive rsity of Maine improves the quality of life for people in Maine and

around the world, and promotes responsible stewardship of human, natural, and financial resources.

As one of New England's premiere universities, UMaine's vibrant and dynamic university

s erves the residents of Maine, the nation, and the world through our acclaimed programs in teaching,

research, and outreach. Inspiring and dedicated teaching propels students into new fields of learning

and promotes interdisciplinary understanding.

UMain e is always seeking new and innovative ways to bolster its research prog rams. UAS

have significant potential, as both a vehicle for and a subject of University research, education, and

outreach, to advance this goal. For this reason, the University of Ma ine seeks an exemption to use

UAS for aerial data collection in support of its education, research, and community outreach

programs.

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

support of its Petition for Exemptio n

.

The contact information for Petitioner is as follows:

Jeff rey Thaler

Assistant University Counsel &

Visiting Professor of Energy Law & Policy

University of Maine 246 Deering Avenue, Room 512,

Portland, Maine 04102

- 283 7U.S. Department of Transportation

July 2 8 , 2015

Page 4

Phone: ( 207 ) 228

- 8539

Email: jeffrey.thaler@maine.edu

II. D ESCRIPTION OF P ROPOSED O PERATION S

UMaine seeks an exemption pursuant to Section 333 of the Reform Act to use a number of

different UAS platforms for aerial data collection in support of a broad range of education, research

and public outreach programs. By way of example, education, research and public outreach

programs supported by the proposed UAS operations, include, but are not limited to: aerial

s urveying and remote sensing, wildlife and forestry management, precision agriculture,

environmental/ecological monitoring activities, biological studies, natural resource

conservation/exploration efforts, utility infrastructure inspection and monitoring, i ncluding

inspections of UMaine's Deepwater Offshore Wind Test Site in the Gulf of Maine, climate and

atmospheric monitoring, geographical mapping applications, photogrammetry, aerial photography

and videography, new media technology development, including video games and art projects.

Aerial data collected by Petitioner's UAS would also be used to promote and market UMaine

, as

well as support student re creational and sport activities

.

All of the UAS platforms UMaine intends to use have already been appro ved by the FAA in

previously granted exemptions, or otherwise exhibit the same characteristics in terms of their weight,

speed and operational capabilities which meet the requirements of Section 333 of the Reform Act.

UMaine is committed to maintaining t he highest standards of flight safety and will leverage

its knowledge and experience gained collaborating with NASA to ensure that the proposed

operations are conducted safely. All UAS operations will be performed in accordance with the

accompanying UMain e 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

, unless specific authorization is granted by the FAA or

applicable authorities

, within visual line

- of

- sight (VLOS) of the pilot and visual observer, and will

be limited to daytime Visual Flight Rules ( VFR ) conditions

. Moreover, UMaine '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 previous ly issued grants of exemption to use small UAS for aerial data collection in

support of similar educational and research activities

, including:

 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 unmann ed 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).U.S. Department of Transportation

July 2 8 , 2015

Page 5

The low

- risk U AS operations proposed by UMaine in this Petition for Exemption fall

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

.

III. R ELEVANT S TATUTORY A UTHORITY

This Petition for Exemption is submitted pursuant to Se ction 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." Pursuant to Section 333 of the Reform Act, the

FAA Administrator is to p ermit 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 airports and populated areas; and

 Op eration of the UAS within the visual line of sight 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

exemptio n 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 wh y 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. UM AINE ' S P ROPOSED UAS O PE RATIONS M EET THE R EQUIREMENTS OF S ECTION 333

OF THE R EFORM A CT

UMaine '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

cri teria 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, Spee d, and

Operational Capability

The FAA is familiar with and has already determined that the following vehicles chosen by

UMaine meet the requirements of Section 333 of the Reform Act due to their weight, speed and

operational capabilities : DJI Phantom Ser ies, DJI Spreading Wing Series, and the Sensefly eBee

Mini Drone UAS See e.g.,

 DJI Phantom 1 : Exemption No. 11577 to HAZON Solutions, LLC; Exemption No. 11650

to Trinity Aeroimaging; and Exemption No. 11318 to MicroDrone Vision, Inc.

 DJI Phantom 2 : Exem ption No. 11315 to The Climate Corporation and Precision Planting,

LLC; Exemption No. 11784 to Precision Unmanned Aerial LLC; Exemption No. 11785 toU.S. Department of Transportation

July 2 8 , 2015

Page 6

CinemaCapture Videography; Exemption No. 11786 to Tabitha Femmer; Exemption No.

11767 to Brett Baker; Exemp tion No. 11770 to Crosstimbers Video Partners LLC

 DJI Phantom 2 Vision : Exemption No. 11768 to Copper City Aviation Services LLC;

Exemption No. 11267 to ETAK Systems Inc.; Exemption No. 11310 to Colin Hinkle;

Exemption No. 11624 to Vertical Information Se rvices Inc.; Exemption No. 11556 to Sydor

Aerial Photography, LLC

 DJI Phantom 2 Vision+: Exemption No. 11224 to NextEra Energy, Inc.; Exemption No.

11230 to Montico, Inc.; Exemption No. 11228 to Steven Zeets ; Exemption No. 11218 to

Saratoga Aerial Vehicl e; and Exemption No. 11215 to Mike Johnson

 DJI Phantom 3 : Exemption No. 11783 to Precision Design and Drafting, Inc.; Exemption

No. 11788 to Birds Eye Aerial Photography, Inc.; Exemption No. 11696 to Midwest UAV

Imagining; Exemption No. 11335A to Voler, I nc.; Exemption No. 11267A to ETAK

Systems, Inc.; Exemption No. 11306A to Hawk Aerial, LLC

 DJI Spreading Wing series 1 : Exempt ion No. 11804 to Orbic Air, LLC

 Sensefly eBee Mini Drone UAS : Exemption No. 11193 to 3D Aerial Solutions, LLC

The following sha red characteristics of the DJI Phantom Series, DJI Spreading Wing Series,

and the Sensefly eBee Mini Drone UAS warrant approval for a grant of exemption:

 They all weigh less than 55 pounds in cluding payload;

 They all have the capability to operate safel y 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 pre

- coordinated,

predictable, automated flig ht 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 Fede ral

Communications Commission (FCC ) and other appropriate governmen t oversight agency

requirements; and

 The UAS all operate at a speed of 87 knots or less

.

1 The DJI Spreading Wing series is composed of the S1000+, S1000, S900 and S800 Evo

.U.S. Department of Transportation

July 2 8 , 2015

Page 7

B. Approval is Warranted Based on the Operational Restrictions in UMaine 's

Operating Documents

The University UAS Operations Manual

, UMaine 's checklists, and the manufacturer's

manuals for the selected UAS platforms (hereinafter collectively referred to as "operating

documents") contain all the procedures and limitations ne cessary to safely and successfully perform

the proposed operations

. To expedite the FAA's safety assessment of UMaine 's proposed UAS

operations, UMaine has tailored its operating documents to comply with the condition s 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 UMaine to comply with the conditions and limitations in the FAA's Grant of Exemption

. Id

.

V. R EGULATIONS F ROM W HICH E XEMPTION I S S OUGHT

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions

. This

statutory authority, by its t erms, 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 interest. 2

UMaine seeks an exe mption from several interrelated provisions of 14 C.F.R. Parts 45, 61

and 91 for purposes of conducting the requested operations using small UAS

, including:

2 See 49 U.S.C. § 44701(f) (authorizing the grant of exemptions from requ irements of regulations

prescribed pursuant to Sections 44701(a) and (b) and Sections 44702

- 44716).

FAR Description

91.9(c); 45.23(b) and

45.27(a) Aircraft Marking and Identification Req ui rements

91.405(a); 91.407(a)(1);

91.409(a)(1) and (2);

91.417(a) and (b) Maintenance and Inspection Req ui rements

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 in

the Aircraft

91.103 Preflight ActionU.S. Department of Transportation

July 2 8 , 2015

Page 8

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

operating procedures and safeguards that Petitioner has esta blished which will ensure a level of

safety better than or equal to the rules from which exemption is sought. 3

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

Req ui rements

UMaine seeks an exemption from the aircraft marking and identif ication req ui rements

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 R eq ui rements

, provides that:

No person may operate a U.S.

- registered civil aircraft unless that aircraft i s identified

in accordance with Part 45 of this chapter.

● 14 C.F.R. § 45.23(b), Markings 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 ai rcraft or experimental or

provisionally certificated aircraft, the operator must also display on that aircraft near

each entrance to the cabin, cockpit, or pilot station, in letters 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 rotorcraft must display on that rotorcraft horizontally on both

surfaces of the cabin, fuselage, boom, or tail the mark s req ui red by § 45.23.

In prior grants of exemption under Section 333 of the Reform Act

, the FAA determined that

exemption from these req ui rements was warranted provided that the aircraft "have identification (N

-

3 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. 91.109(a) Flight Instruction

91.119(c) Minimum Safe Altitudes Over Other than Con gested Areas

91.121 Altimeter Settings

91.151(a) Fuel Req ui rements for Flight in VFR ConditionsU.S. Department of Transportation

July 2 8 , 2015

Page 9

Number) markings in accordance with 14 C.F. R Part 45, Subpart C if the markings are as large as

practicable." 4 All UAS flown by UMaine will bear N

- number markings that are as large as

practicable in accordance with 14 C.F.R. Part 45, Subpart C. 5

B. 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2); 91. 417(a) and (b): Maintenance

Inspections

UMaine seeks an exemption from the maintenance inspection req ui rements 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. 6 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 ha ve.

An eq ui valent level of safety will be achieved because maintenance and inspections will be

performed in accordance with the operating documents and any req ui red manufacturer Safety or

Service Bulletins

. Further, as req ui red by the operating documents

, the PIC will conduct a pre

- flight

inspection of the UAS and all associated eq ui pment 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

- crit ical

components

. As req ui red 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 req ui rements to follow the UAS manufacturer’s

ma intenance, overhaul, replacement, inspection, and life limit requirements for the air craft 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 Petitioner's UAS

. As a whole,

the maintenance and inspection procedures req ui red by Petitioner's operating documents ensure that

an eq ui valent or higher level o f 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

UMaine seeks exemption from these sections

, which restricts private

, recreational or sport

pilot certificate holders from flying aircraft for compensation or hire, and would also req ui re a

second class medical certificate

. The purpose of Part 61 is to ensure that the skill and competency of

4 FAA Docket No. FAA

- 2014

- 0352.

5 See, e.g., FAA Docket No. FAA

- 2014

- 0352, at 14

.

6 See, e.g., 14 C.F.R. § 91.405(a) (stating t hat 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 as prescribed in part 43 of this chapter

. ").U.S. Department of Transportation

July 2 8 , 2015

Page 10

any PIC matches the airspace in which the PIC wil l be operating, as well as req ui ring 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 E xemption No. 11062 to Astraeus Aerial 7

, the FAA determined that the

unique characteristics of UAS operation outside of controlled airspace did not warrant the addition al

cost and restrictions attendant with req ui ring the PIC to have a Commercial Pilot Cert ificate and

Class II Medical Certificate

. The fulfillment of the additional req ui rements 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, th e 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 De partment of Homeland Secu rity

(DHS ), the FAA determined that holders of recreational and sport pilot certificates would be

qualified to serve as the PIC for UAS operations. 8

The restrictions 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

Sect ion 333 of the FAA Reform Act

. UMaine will operate away from persons and property that is

not the subject matter of the flight

. UMaine will also req ui re all PICs t o 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 flights on behalf of

UMaine

. The pilot qualification, training, and currency req ui rements in the operating documents

ensure that UMaine 's pilots are competent and proficient in the UAS they are operating

. Th e

Petitioner's training and qualification req ui rements are consistent with those contained in prior FAA

issued grants of exemption

, and will provide a higher level of competency and proficiency for its

pilots and will ensure at least an eq ui valent level of safety.

D. 91.7(a): Civil Aircraft Airworthiness

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

exemption from 14 C.F.R. § 91.7(a), which req ui res 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 proced ures 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

.

7 FAA Docket No. FAA

- 201 4

- 0352

.

8 See Grant of Exemption No. 11213 to Aeryon Labs, Inc. (Docket No. FAA

- 2014

- 0642 at pgs.

8

- 9).U.S. Department of Transportation

July 2 8 , 2015

Page 11

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

(b): Carrying Civil Airc raft Certification and Registration

Title 14 C.F.R. § 91.9(b)(2) and § 91.203(a) and (b) req ui re 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 req ui red 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 req ui red

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 legib le 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 or cockpit

.

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 f light manual, registration

certificate, and other req ui red documents from the ground control station from which he or she is

operating the aircraft. 9 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 eq ui valent 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. 10

9 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

.

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

The petitioner requested relief from 14 CFR § 91.9(b)(2): Civil aircraft flight

manual, marking, and placard requirements and § 91. 203(a) and (b): Civil aircraft:

{footnote continued}U.S. Department of Transportation

July 2 8 , 2015

Page 12

F. 91.103: Prefligh t Action

Petitioner seeks an exemption from 14 C.F.R. § 91.103, which req ui res 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 wil l be familiar with all information

necessary to safely conduct the flight, an exemption is requested to the extent that an FAA

- approved

Flight Manual is req ui red

.

Adherence to the req ui rements in the operating documents will ensure that the UAS is in an

ai rworthy condition prior to flight

. The PIC will perform a series of checklists designed to identify

any defects or inoperable components, which cover pre

- flight, take

- off, landing and post

- flight

procedures

. The PIC will also be req ui red to review weather, flight req ui rements

, battery charge,

landing and takeoff distance, UA performance data, and contingency landing areas

— before initiation

of flight

. Petitioner's operating documents will be kept at the ground control station and will be

accessible to the PI C 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 us ed 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 communi cates with the aircraft via radio communications

. Accordingly, an exemption will be req ui red for the flight instruction req ui rements of 14 C.F.R. §

91.109(a)

.

Given the size and speed of the UAS that Petitioner intends to use, an eq ui valent level of safe

training can still be achieved without dual controls because no pilot or passengers are aboard the

UAS, and as req ui red by the operating documents, all persons will be a safe distance away in the

event that the UAS experiences any difficulties during fligh t instruction

. Moreover, all flight training

will be conducted in controlled and sterile environment

. 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 Alt itudes Over Other Than Congested Areas

UMaine requests an exemption from the minimum safe altitude req ui rements of 14 C.F.R. §

91.119 (c)

. 11 Section 91.119 prescribes the minimum safe altitudes under which aircraft may not

{continued from previous page}

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.

11 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

{footnote continued}U.S. Department of Transportation

July 2 8 , 2015

Page 13

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 req ui red because the proposed UAS operations will normally need to occur

below 400 feet AGL

. Additionally, due to the na ture of the proposed operations, the PIC and/or

Observers may need to be less th an 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 wi th the UAS, any risk associated with these operations is far less than those that

presently exist with conventional aircraft

.

An eq ui valent level of safety will be achieved given the size, weight, and speed of the UAS,

as well the controlled location wher e 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 occu r at a

lateral dis tance 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 UAS failure

. Procedures will be in place to ensure f light operat ions 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

permis sion 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 UMaine 's operating documents will e nsure the proposed

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

.

I. 91.121: Altimeter Settings

To the extent necessary for UMaine to conduct the proposed operations, Petitioner requests

an exemption from 14 C.F.R. § 91.121, which req ui res a person operating an aircraft to maintain

cr ui sing 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 eq ui valent level of safety to the req ui rements 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 relayed in real time to the

operator at a gro und

- 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. 12

The UAS that Petitioner intends to use for performing the proposed operations meet all th ese

operational characteristics

. Moreover, the operating documents req ui re the PIC to calibrate the

{continued from previous page}

exemption from § 91.119(b) will not be necessary

. See e.g

., Grant of Exemption No. 11157 to

Slugwear, Inc., dba Likeonatree Aerial at p g. 15 (Docket No. FAA

- 2014

- 0534 ).

12 See Grant of Exemption No. 11062 to Ast raeus Aerial ( Docket No. FAA

- 2014

- 0352 at 21).U.S. Department of Transportation

July 2 8 , 2015

Page 14

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 a nd the safety mitigation procedures

contained in the operating documents, ensure that an eq ui valent level of safety will be achieved, and

a grant of exemption to the req ui rements of § 191.121 is therefore appropriate.

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

UMaine requests an exemption from 14 C.F.R. § 91.151(a)'s fuel req ui rements 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 forecas t weather conditions) there is enough fuel to fly to the

first point of intended landing and, assuming normal cr ui sing 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.

Her e, 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 req ui rements of 14 C.F.R. § 91.151(a) is therefore req ui red

.

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 Exemption

. 13

In Exemption No. 11213 to Aeryon Labs, Inc. 14

, the FAA determi ned that a requirement prohibiting

the PIC from beginning a UAS flight unless (considering wind and forec ast weather conditions)

there was enough available power for UAS to operate for the intended operational time and to

operate after that for at least fi ve 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)

. Petitioner's operating documents impose this same requirement and an exemption from §

91.15 1(a)'s fuel req ui rements for flight in VFR conditions is therefore appropriate

.

VI. D RUG AND A LCOHOL P ROGRAM

UMaine 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. P UBLIC I NTEREST

The public interest will be served by granting UMaine '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 pro posed in this Petition

. Granting this Petition for Exemption

helps fulfill Congress' goal in passing Section 333(a) through (c) of the Reform Act

— the FAA

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

.

14 Docket No. FAA

- 2014

- 0642.U.S. Department of Transportation

July 2 8 , 2015

Page 1 5

Administrator's assessment of whether certain UAS may operate safely in the NAS before

completion of t he statutorily req ui red rulemaking

.

Beyond increased levels of safety, t he public stands to benefit enormously from the

education

, research and public outreach programs supported by the proposed operations in this

Petition for Exemption. Whether it is us ing UAS to track and monitor Spruce Budworm outbreaks

that have devastated Maine's forests, or inspecting offshore wind turbines that provide a source of

clean, renewable energy, the public as a whole with benefit from the information gathered and

studied as part of the education

, research and outreach programs supported by the proposed

operations in this Petition for Exemption

.

VIII. P RIVACY

The proposed operations will be conducted in accordance with applicable federal, state, or

local laws regarding privacy

. UMaine 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. F EDERAL R EGISTER S UMMARY

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

F EDERAL R EGISTER

, 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); 91.10 3; 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

, research and outreach

programs

.

X. C ONCLUSION

The proposed operations in this Pet ition 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 UMaine in this Petition for Exemption

. In consideration of the

f oregoing, UMaine 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 n eed additional information to support the requested exemptions, please do

not hesitate to contact us

.U.S. Department of Transportation

July 2 8 , 2015

Page 16

Very truly yours,

Matthew J. Clark

Mark E. McKinnon

Counsel for t he University of Maine

A ttachmentU.S. Department of Transportation

July 2 8 , 2015

Page 17

(The following attached item will be submitted under separate cover as it contain s proprietary and

commercial information exempt from disclosure under the Freedom of Information Act, 5 U.S.C. §

522 et seq.

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

Attachment s :

 The University UAS Operations Manual