Vista	Del	Mar	Middle	School

1130	Avenida	Talega

San	Clemente,	CA	92673

Chuck	Hobbs

Tech	Processes	Teacher

949.234.5955

949.940.0262fax

www.vdm.schoolloop.com

Petition	for	Exemption	and	Relief	from	Specific	Regulations	of	Title	14	of	the	

Code	of	Federal	Regulations	Pursuant	to	Section	333	of	the	FAA	Modernization	

and	Reform	Act	of	1012	(Public	Law	112-95)	Regarding	Commercial	

Employment	of	Unmanned	Aircraft	Systems	(UAS)

I.	Petitioner’s	Description

Vista	Del	Mar	Middle	School	(VDM)	is	a	public	middle	school	located	within	

the	Capistrano	Unified	School	District.	The	primary	mission	of	VDM	is	to	expand	the	

learning	and	knowledge	of	our	students to	the	greatest	extent	possible,	in	keeping	

with	that	mission	the	Tech	Processes	Teacher	Mr.	Chuck	Hobbs	is	always	looking	

toward	future	technology	integration	and would	like	to	request	an	exemption	to	

utilize	small	unmanned	aircraft	systems	(UAS)	in	his	education	efforts,	pursuant	to	

Section	333	of	the	Federal	Aviation	Administration	(FAA)	Modernization	and	

Reform	Act	of	2012	(the	Reform	Act),	from	Federal	Aviation	Regulations	(FARs)	

identified	below,	allowing	commercial	operations	of	small	unmanned	aircraft	

systems	(UAS).

II.	Relevant	Statutory	Authority

This	petition	for	exemption	is	submitted	to	fulfill	Congress’	goal	in	passing	

Section	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	consider	whether	certain	UAS	may	operate	safely	in	the	National	Airspace	

(NAS)	before	completion	of	the	formal	UAS	rulemaking,	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	

Operation	of	the	UAS	within visual	line	of	sight	of	the	operator.

Pursuant	to	49	U.S.C.	§	44701	(f),	the	FAA	Administrator	has	authority	to	grant	

exemptions	if	the	request	is	found	to	be	in	the	public	interest.
III.	Qualifications	for	Approval	under	Section	333	of	the	Reform Act	

The	proposed	operations	in	this	petition	for	exemption	qualify	for	expedited	

approval	under	Section	333	of	the	Reform	Act.	Each	of	the	statutory	criteria	and	

other	potential	relevant	factors	are	satisfied.	The	proposed	operations	would	permit	

the	use	of	small	and	relatively	inexpensive	UAS	under	controlled	conditions	in	Class	

G	airspace	with	altitudes	limited	to	400	ft. agl.	The	focus	of	the operations	would	be	

to	introduce	students	to	advanced	aerial	photography	for	our	video	production	class	

and	give	students exposure	to	new	technology	in	our	Tech	Processes	class.	

The	UAS	to be	used	weighs	less	than	four	(4)	pounds,	including	payload.	

Operation	of	the	aircraft	will	be	limited	to	VFR	conditions	and	winds	under	15	

knots.	The	UAS to	be	used	is	a	small	4 rotor	copter	aircraft.	The	UAS	will	not	be	

operated	at	speeds	greater	than	30	knots.	The	UAS	will	be	operated	within	visual	

line	of	sight	(VLOS)	of	the	pilot	in	command	(PIC)	with	the	aid	of	a	visual	observer	

(VO).

IV.	Training	and	Proposed	Operations

A.	Training: The	current	PIC	holds	an	Airline	Transport	Pilot	(ATP)	rating	

and	a	current	FAA	Flight	I	Medical.	 During	training,	proficiency,	and	experience	

building	flights,	all	persons	not	essential	for	flight	operations	will	be	considered	

nonparticipants,	and	the	PIC	will	operate	with	the	appropriate	distance	from	

nonparticipants	in	accordance	with	14CFR	§	91.119.

B. Proposed	Operations: All	proposed	UAS	operations	will	be	conducted	

over	school	fields	adjacent to	the	school	campus.	All	flights	will	be	conducted	under	

VFR	conditions	during	daylight	hours	with	wind	speeds	less	than	15	knots.	All	

flights	will	remain	in	visual	line	of	sight	to	the	PIC	(VLOS)	and	Observer	(VO).	All	

operations	will	occur	over	school	property. Altitudes	will	be	limited	to	below	400	ft.

agl	and	the	location of	the	school	is more	than	5	miles	from	public	airports	with	

operating	towers,	more	than	3	miles	from	public	airports	without	towers	and	more	

than	1	mile	from	private	airports.	Prior	to	any	flight,	the	UAS	will	undergo	a	

preflight	inspection,	before	system	power	up,	the	status	of	the	available	batteries	

will	be	verified	and	only	used	if	the	level	of	charge	is	sufficient	for	the	planned	flight.	

In	addition,	the	flight	area	will	be	cleared	of	all	non-essential	personnel.	Upon	

successful	preflight,	the	PIC	with	observer	will	check	to	verify	the	flight	area	is

cleared	of	personnel	and	spectators	before	the	propeller	on	the	UAS	begin	to	turn.	

Only	then	will	the	UAS	depart	the	takeoff/landing	area	for	the	designated	mission.	

An	observer	(VO)	will	be	required	for	all	flights	standing	in	close	proximity	to	the	

PIC	with	the	responsibility	to	report	to	the	PIC	any	issues that	have	the	potential	to	

interfere	with	the	flight	and	the	safety	of	surrounding	individuals	and	objects.	Upon	

mission	completion,	the	UAS	will	be	inspected	and	any	issues addressed	before	the

next	series	of	flights.	

C.	Unmanned	Aircraft	System:	VDM’s proposed	UAS	operations	would	use	

3D Robotics Solo drone	copter.	The	3DR	has	four	880kV	motors,	flight	is controlled	

by	two	(2)	1GHz	computers	with	one	in	copter	and	one	in	the	controller,	connected	

by a	powerful	dedicated	Wi-Fi	signal,	additionally	the	signal	will	allow	a	GoPro	

camera	to	provide	live	HD	video	streams	to	a	mini	IPAD	screen. The state-of-the-art
Pixhawk	2 autopilot	will	be	used	to	set	advanced	in-flight	profiles.	The	aircraft	can	

also	be	programmed	to	not	fly	above	400	feet	AGL	and	to	not	fly	outside	of	a	predetermined	flight	zone.	The	3DR	has	numerous	failsafe functions	built-in;	auto	

takeoff/landing,	lost	signal,	low	battery,	emergency	brake,	and	return	home	modes	

all	add	extra	levels	of	safety.

V.	Regulations	from	which	Exemptions	are	requested

Vista	Del	Mar	Middle	School	seeks	exemption	of	the	following	FAR’s

FAR’s	14	CFR	Part	21,	Subpart	H:	Airworthiness	Certificates	and	14	CFR	

§	91.203(a)(1)	

14	CFR	§	61.56	Flight	review	

14	CFR	§	61.113:	Private	pilot	privileges	and	limitations:	Pilot	in	

command	

14	CFR	§	91.7(a):	Civil	aircraft	airworthiness	

14	CFR	§	91.119(c):	Minimum	safe	altitudes	

14	CFR	§	91.121:	Altimeter	settings	

14	CFR	§	91.151(a):	Fuel	requirements	for	flight	in	VFR	conditions	(day)	

14	CFR	§§	91.405(a):	Maintenance	required;	91.407(a)(1):	Operation	

after	maintenance,	preventative	maintenance,	rebuilding,	or	alteration

91.409(a):	Inspections;	91.417	(a)(b):	Maintenance	records

14	CFR	Part	21;	Subpart	H:	Airworthiness	Certificates	and	14	CFR	

§91.203(a)(1)

Vista	Del	Mar	Middle	School	requests	an	exemption	from	14	CFR	Part	21,	Subpart	H,	

which	establishes	the	procedures	for	attaining	airworthiness	certificates	required	

by	14	CFR	§	91.203(a)(1).	The	Reform	Act	allows	the	FAA	to	exempt	aircraft	from	

the	requirement	of	an	airworthiness	certificate	in	consideration	of	the	size,	weight,	

speed,	operational	capability,	and	proximity	to	airports	and	populated	areas	of	the	

particular	UAS.	

Equivalent	Level	of	Safety: The	UAS	to	be	operated	is	the	3DR	Solo	drone	which	

weighs	less	than	4 pounds	including	payload,	carries	no	pilot	or	passengers,	carries	

no	flammable	liquid	fuels,	and	operates	within	a	pre-determined	flight	zone.	

Furthermore,	the	PIC	and	VO	will	determine	the	airworthiness	of	the	3DR	Solo	UAS	
prior	to	each	flight,	by	adhering	to	safety	guidelines	set	forth	in	the	3DR	User	

Manual.

14	CFR	§	61.56:	Flight	review	

Vista	Del	Mar	Middle	School	requests	exemption	from	14	CFR	§	61.56,	which	

subjects	the	pilot	in command	(PIC)	to	flight	review	requirements	consisting	of	one	

(1)	hour	of	flight	time	in	an	aircraft	in	which	the	PIC	is	rated	on	his	or	her	pilot	

certificate	and	one	(1)	hour	of	ground	training.	The	flight	review	requirements	set	

forth	in	14	CFR	§	61.56	would	have	little	relevance	to	the	safe	operation	of	the	small	

UAS	intended	for	use	in	VDM’s operations.	

Equivalent	Level	of	Safety:	An	equivalent	level	of	safety	will	be	achieved	by	

following	training	procedures	to	ensure	the	PIC	skill	level	is	sufficient	to	conduct	

safe	operations	in	all	phases	of	flight,	including	precise	maneuvering	skills	and	

emergency situations.

14	CFR	§	61.113:	Private	pilot	privileges	and	limitations:	Pilot	in	command

Vista	Del	Mar	Middle	School	requests	an	exemption	from	14	CFR §	61.113,	limiting	

private	pilots	and	sport	pilots	to	non-commercial	operations.	However,	the	UAS	will	

not	carry	pilots,	passengers,	or	any	living	thing	and	be	restricted	to	a	flight	zone	that	

is	predetermined	and	controlled	as	to	access.	The	risks	associated	with	the	UAS	

operations	are	far	diminished	from	the	risks	associated	with	commercial	operations	

envisioned	by	14	CFR	Part	61,	when	drafted.

Equivalent	Level	of	Safety: Proposed	UAS	operations	will	obtain	an	equivalent	

level	of	safety,	as	the	aircraft	will	carry	no	living	thing	on	board.	The	level	of	safety	

provided	exceeds	that	provided	by	a	single	individual	holding	a	commercial	pilot	

certificate	operating	a	conventional	aircraft.	

14	CFR	§	91.7(a)	Civil	aircraft	airworthiness

Vista	Del	Mar	Middle	School	requests	an	exemption	from	14	CFR	§	91.7(a),	which	

requires	that	civil	aircraft	be	in	airworthy	condition	to	be	operated.	Since	the	3DR	

Solo	UAS	has	no	airworthiness	certificate,	there	is	no	regulatory	standard	for	

determining	the	airworthiness	of	the	UAS.	

Equivalent	Level	of	Safety: In	accordance	with	14	CFR	§	91.7(b),	the	PIC	will	

determine	whether	the	UAS	is	in	a	condition	for	safe	flight	by	complying	with	

procedures	in	the	3DR	Solo	UAS	User	Manual.	

14	CFR	§	91.119(c)	Minimum	safe	altitudes

Vista	Del	Mar	Middle	School	requests	an	exemption	from	14	CFR	§	91.119(c),	which	

establishes	minimum	safe	altitudes	“over	other	than	congested	areas,”	in	which	an	

aircraft	below	500	feet	AGL	may	not	operate	closer	than	500	feet	to	any	person,	

vessel,	vehicle,	or	structure.	In	order	to	provide	the	intended	educational	

experience,	the	UAS	will	be	operated	below	500	feet	AGL	and	closer	than	500	feet	to	

persons,	vessels,	vehicles,	and	structures.
Equivalent	Level	of	Safety: Operation	of	the	UAS	is	safer	than	traditional	aircraft	

due	to	its	small	size,	lightweight,	lack	of	flammable	fuel,	and	limited	speed.	

Additionally,	all	flights	will	occur	within	the	school	property	with	advanced	notice	of	

all	UAS	operations.	The	UAS	will	be	operated	in	a	controlled	area.	Under	no	

circumstances	will	the	UAS	be	operated	so	close	to	persons,	vessels,	vehicles,	or	

structures	as	to	present	an	undue	hazard.

14	CFR	§	91.121:	Altimeter	settings

Vista	Del	Mar	Middle	School	requests	an	exemption	from	14	CFR	§	91.121,	which	

states	that	when	operating	below	18,000	feet	MSL,	aircraft	not	equipped	with	a	

radio	shall	set	an	altimeter	to	the	elevation	of	the	departure	airport	or	an	

appropriate	altimeter	setting	available	before	departure.	An	exemption	is	required	

because	the	UAS	is	not	equipped	with	a	user	configurable	barometric	altimeter.

Equivalent	Level	of	Safety:	 Complying	with	the	pre-flight	procedures	in	the	3DR	

UAS	User	Manual	and	verifying	the	GPS	altitude	before	each	flight	will	provide	an	

equivalent	level	of	safety.	During	flight,	the	3DR	UAS	provides	an	Above	Ground	

Level	(AGL)	reading	in	relation	to	its	takeoff	location.	The	altitude	will	be	closely	

monitored	during	flight,	keeping	the UAS	below	400	feet	AGL,	ensuring	operations	

at	safe	altitudes.	Furthermore,	the	UAS	will	remain	within	VLOS	of	the	PIC	and	VO	at	

all	times.	

14	CFR	§	91.151(a):	Fuel	requirements	for	flight	in	VFR	conditions	(day)

Vista	Del	Mar	Middle	School	requests	an exemption	from	14	CFR	§	91.151(a),	which	

states	than	no	person	may	begin	a	flight	unless	there	is	enough	fuel	to	fly	to	the	first	

point	of	intended	landing	and,	assuming	normal	cruising	speed	to	fly	after	that	for	at	

least	30	minutes.	The	battery	powered	3DR	Solo	UAS	provides	approximately	25

minutes	of	total	flight	time.	It	is	therefore	impossible	for	the	UAS	to	meet	the	

requirement	of	this	section.	

Equivalent	Level	of	Safety: Planning	all	flights	with	the	intent	to	land	after	20

minutes	or	if	the	3DR	detects	a	low	battery	level	prior	to	20mins,	the	3DR	is	

programmed	to	return	to	home	for	an	automatic	landing.	This	will	provide	an	

equivalent	level	of	safety.	Additionally,	unlike	traditional	aircraft,	the	UAS	will	

always	be	within	VLOS	and	have	no	significant	transit	time	to	or	from	the	landing	

area.	VDM	will	only	operate	the	UAS	in	daytime	VFR	conditions	within	VLOS.

14	CFR	§§	91.405(a)	Maintenance	required;	91.407(a)(1)	Operation	after	

maintenance,	preventative	maintenance,	rebuilding,	or	alteration;	91.409(a)	

Inspections;	91.417(a)	and (b)	Maintenance	records.	

Vista	Del	Mar	Middle	School requests	an	exemption	from	the	maintenance	and	

inspections	requirements	of	14	CFR	§	91.405(a),	91.407(a)(1),	91.409(a),	and	

91.417(a)	and	(b).	These	regulations	apply to	maintenance	of	aircraft	holding	an	

airworthiness	certificate,	which	the	3DR	Solo	UAS	does	not	have.	Therefore	an	

exemption	is	required.	
Equivalent	Level	of	Safety: An	equivalent	level	of	safety	will	be	achieved	by	

ensuring	that	the	UAS	is	in	working	order	prior	to	initiating	flight,	performing	

required	maintenance.	All	maintenance	and	inspections	will	be	performed	in	

accordance	with	the	3DR	UAS	User	Manual.	

VI.	Public	Interest

An	exemption	for	Vista	Del	Mar	Middle	School to	use	UAS	commercially	would	help	

to	fulfill	Congress’	goal	in	assessing	whether	certain	UAS	may	operate	safely	in	the	

NAS.	The	exemption	is	in	the	public	interest	as	it	offers	a	safe	and cost-effective	way	

to	introduce	students	to	new and	developing	technologies	in	the	aviation	and

photography	fields.	

VII.	Privacy

As	mentioned	above,	all	flights	will	occur	over	school	land	that	has	controlled	

access.	Privacy	will	not	be	an	issue	where	flights	will	not	occur	over	private	

property.

VIII.	Publication	Summary

The	petitioner,	Vista	Del	Mar	Middle	School seeks	exemption	from	the	following	

rules	to	commercially	operate	UAS	in	the	National	Airspace	to conduct	educational	

flights	using	a	UAS	for	aerial	video	production and	technology	studies.	

14	CFR	Part	21,	Subpart	H:	Airworthiness	Certificates	and	14	CFR	§	

91.203(a)(1)	14

CFR	§	61.56	Flight	review

14	CFR	§	61.113:	Private	pilot	privileges	and	limitations:	Pilot	in	command	

14	CFR	§	91.7(a):	Civil	aircraft	airworthiness	

14	CFR	§	91.119(c):	Minimum	safe	altitudes	14	CFR §	91.121: Altimeter	

settings	

14	CFR	§	91.151(a)(1)(2):	Fuel	requirements	for	flight	in	VFR	conditions	(day)	

14	CFR	§§	91.405(a):	Maintenance	required;	91.407(a)(1):	Operation	after	

maintenance,	preventative	maintenance,	rebuilding,	or	alteration;	91.409(a):	

Inspections;	91.417	(a)(b):	Maintenance	records

X.	Conclusion

Vista	Del	Mar	Middle	School respectfully	submits	this	request	for	expedited	

exemption	under	Section	333	of	the	Reform	Act.	Given	the	small	size	of	the	UAS,	the	

willingness	to	gain	all	necessary	permissions,	and	the commencement	of	wellplanned operations,	the	commercial UAS	use	by	Vista	Del	Mar	Middle	School	causes	

no	threat	to	the	general	public	or	others	using	the	National	Airspace.