AFS

- 15

- 1444

- E

October 8 , 2015

Exemption No. 13159

Regulatory Docket No. FAA

- 2015

- 1330

Michael J. Marino

Lieutenant, NOAA

NOAA Aircraft Operations Center

7917 Hanger Loop Drive

Hanger 5

Ma cDill AFB, FL 33621

- 5401

Dear Lieutenant Marino:

This letter is to inform you that we have granted your request for exemption. It transmits our

decision, explains its basis, and gives you the conditions and limitations of the exemption,

including the da te it ends.

The Basis for Our Decision

By letter dated February 3, 2015 , you petitioned the Federal Aviation Administration (FAA)

on behalf of the National Oceanic and Atmospheric Administration ( NOAA ) for an exemption

from § 91.151(b) of Title 14, Code o f Federal Regulations (14 CFR) to the extent necessary to

allow NOAA to operate small unmanned aircraft (sUAS)

– specifically, DJI Innovations

S1000 octocopters

– as part of its mission to conduct field experiments that will provide key

observations to val idate weather model predictions associated with thunderstorm formation.

The FAA has determined that good cause exists for not publishing a summary of the petition

in the Federal Register because the requested exemption would not set a precedent, and any

d elay in acting on this petition would be detrimental to NOAA

.

The FAA has issued grants of exemption in circumstances similar in all material respects to

those presented in your petition. In Grant of Exemption No. 11448 and Exemption No. 11213

(cop ies enclosed), the FAA found tha t t he conditions and limitations prohibit ed the PIC from

beginning a UAS flight unless (considering wind and forecast weather conditions) there was enough available fuel for the UAS to operate for the intended operational time and to operate

after that for at least five minutes or with the reserve fuel recommended by the manufacturer if2

greater. The FAA found that this provided sufficient reason to grant the relief from 14 CFR

§ 91.151. 1

Having reviewed your reasons for requesting an exemption, I find that

—

 they are similar in all material respects to relief previously requested in the enclosed

Grant s of Exemption No. 11213 and exemption No. 11448 ;

 the reasons stated by the FAA for granting the enclosed Grant of Exemption No. 11213

and exemption No. 11448 also apply to the situation you present; and

 a gra nt of exemption is in the public interest.

Our Decision

Under the authority contained in 49 U.S.C. 106(f), 40113 and 44701, which the FAA

Administrator has delegated to me, I hereby grant the National Oceanic and Atmospheric

Administration an exemption fr om 14 CFR § 91.151 to the extent necessary to operate DJI

Innovations S1000 octocopters as part of its mission to conduct field experiments that will

provide key observations to validate weather model predictions associa ted with thunderstorm

formation , sub

j ect to the conditions and limitations described below.

Conditions and Limitations

1. The operations must be conducted in accordance with the appropriate and effective

certificate of waiver or authorization issued by the FAA to NOAA; and

2. The PIC is prohibit ed from beginning a flight unless (considering wind and

forecast weather conditions) there is enough available power for the UA to conduct

the intended operation and to operate after that for at least five minutes or with the

reserve power recommended by t he manufacturer if greater.

This exemption terminates on October 31, 2017 , unless sooner superseded or rescinded.

Sincerely,

/s/

John Barbagallo

Deputy Director, Flight Standards Service

Enclosure s Exemption No. 11448

Exemption No. 11213

1 Exem ption No. 11213 relates to F ixed W ing UAS requiremen ts. Exemption No.

11448 relates to Rotorcraft UAS.