February 8, 2016

U.S. Department of Transportation Docket Management System

SE Washington DC 20590

Re: Petition for Exemption under Section 333 of the FAA Reform Act and FAA Regulations

To Whom It May Concern: 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14 CFR Part 11, 

Arkansas State University hereby petitions for an exemption from Federal Aviation Regulations 

to allow commercial operation of designated UAS, provided such operations are conducted 

within and under the conditions outlined in its petition or as may be established by the FAA.

Arkansas State University intends to conduct commercial operations of UAS. The UAS are 

equipped with cameras and other avionics that would provide services in the following areas:

1. Aerial photography and/or video for public and/or private use including websites, television, 

public events, cinematography, and newsgathering.

2. Aerial photography and/or video for public and/or private use including agriculture, real 

estate, architecture, land surveying, engineering, and other related professional activities.

3. Aerial photography and/or video to assist law enforcement or search and rescue operations in 

cases of an emergency or natural disaster only when the local authorities or government 

entity has requested it by contract or donation.

4. Training to persons assigned as pilots in command and visual observers to increase 

awareness and improve safety for current and future UAS operations within the NAS.

Approval of this petition for exemption would increase public education and awareness of UAS 

operations and aid others in fulfilling the Secretary of Transportation’s (the FAA

Administrator’s) responsibilities to “....establish requirements for the safe operation of such 

aircraft systems in the national airspace system.” As described fully in the attached petition, the 

requested exemption would permit the safe and beneficial operation of the UAS under limited, 

controlled conditions in the NAS. Thus, the petitioner requests your respective approval of this 

Section 333 exemption. Thank you for your consideration.

Sincerely,

Laura Kehler Shue

Associate General Counsel

Arkansas State University System

501 Woodlane, Suite 600 

Little Rock, AR 72201

501-660-1009

lshue@asusystem.edu

Enclosure

On behalf of:

Dr. William M. Smith, Jr.

Executive Director, Marketing and 

Communications

Arkansas State University

Jonesboro, AR 

870-972-3820

billsmith@astate.edu
2

PETITION

PETITIONER

Arkansas State University

Jonesboro, Arkansas

Point of Contact:

Laura Kehler Shue

Associate General Counsel

Arkansas State University System

501 Woodlane, Suite 600 

Little Rock, AR 72201

501-660-1009

lshue@asusystem.edu

On behalf of:

Dr. William M. Smith, Jr.

Executive Director, Marketing and

Communications

Arkansas State University

Jonesboro, AR 

870-972-3820

billsmith@astate.edu

FAA REGULATIONS EXEMPTION REQUEST LIST

 14 CFR Part 21 subpart H

 14 CFR 45.23 (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

 14 CFR 91.119 (c)

 14 CFR 91.121

 14 CFR 91.151(a)

 14 CFR 91.203 (a) & (b)

 14 CFR 91.405 (a)

 14 CFR 91.407 (a) (1)

 14 CFR 91.409 (a) (2)

 14 CFR 91.417 (a) & (b)

UAS AIRCRAFT

DJI S900; DJIS1000; DJI Phantom 1, 2, 3; DJI Inspire; EOdrones HLH; EOdrones FTX; 

EOdrones 250; EOdrones FTW

UAS PRIMARY FLIGHT CONTROL SYSTEMS

DJI aircraft use the DJI Autopilots; EOdrones and 3dr use the 3dr Autopilots 

OPERATIONS RISK ASSESSMENT

Given the small size of the UAS in scope and the controlled environment provided, the proposed

operations will adhere to the Reform Act’s safety requirements. The approval of this petition

presents no national security issues. Considering the level of safety surrounding the proposed 

operations, the public benefit, and reduction in environmental impact, the grant of the requested 

exemption is in the public interest. Accordingly, the petitioner requests that the FAA grant the 

requested exemption.
3

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

The UAS operation limitations provide for an equivalent or higher level of safety than 

regulations for conventional aircraft because the limitations enhance the safety of persons and/or 

property. These limitations and conditions to which the petitioner agrees to adhere when 

conducting commercial operations under the proposed exemption include the following:

1. The UAS will weigh less than 55 lbs.

2. The UAS, depending on the model in operation, will have a maximum operating speed of no 

more than 55 knots.

3. Flights will be operated within line of sight of the Pilot in Command (PIC) and/or Visual 

Observer (VO).

4. Maximum flight time for each operational flight will be depending on the UAS model in 

operation, but will not exceed 120 minutes. Flights will be terminated at 25% battery power 

reserve or 5 minutes of flight time whichever occurs first during the flight operation.

5. Flights will be operated at an altitude of no more than 400 feet Above Ground Level (AGL).

6. Minimum crew for each UAS operation will consist of the PIC and at least one VO, and may 

include a third, but separate, Camera Operator (CO).

7. The UAS pilot in command will have either advanced flight training or an airline transport, 

commercial, private, recreational, or sport pilot certificate, and either a current FAA medical 

certificate or a valid U.S. driver’s license issued by a state. 

8. A flight planning and safety briefing will be performed prior to each flight consisting of FAA

Regulation-required planning and notifications.

9. All flight activities will be logged using the operating plan procedure required by Arkansas 

State University.

10. All flights will occur under Visual Meteorological Conditions (VMC) only.

11. The flights will occur in Class G airspace no closer than a 5 nautical mile radius of the 

geographic center/Airport Reference Point (ARP) of a tower controlled or uncontrolled airport 

not classified as restricted, private, or closed; or, if within 5 nautical miles, with a proper letter of 

agreement with that airport.

12. The operator will obtain verbal/written consent of all persons involved with the planned 

operation and ensure that only consenting persons will be allowed within 500 feet of the flight 

operation.

13. The PIC and VO will have been trained in operation of UAS and receive up to date 

information for the particular UAS to be operated.

14. The PIC and VO will be able to communicate by voice and/or radio at all times.

15. If the UAS loses communications with the remote controller or loses GPS signal, the UAS 

will have the capability to return to a predetermined location within a designated location and 

land autonomously.

16. The UAS will have the capability to abort a flight in case of emergencies with an automated 

“Return Home and Land” function and will have the capability to abort a flight (forced landing) 

in case of unpredicted obstacles, weather, or emergencies such as low battery.

17. The operator will have a motion picture and television operations manual if applicable.

18. Written and/or verbal permission and permits will be obtained from territorial, state, county 

or city jurisdictions, including the Flight Standards District Office, and local law enforcement, 

fire or other appropriate governmental agencies as appropriate to flight operations.
4

Given the UAS size and limited operating area associated with the aircraft, an exemption from 

the following sections meets the requirements of an equivalent level of safety under Section 333 

of the Reform Act and 14 CFR Part 11:

14 CFR. §21, Subpart H, and 14 CFR §91.203 (a)(1). Airworthiness Certificates

The Federal Aviation Act (49 U.S.C.§44701 (f)) and Section 333 of the Reform Act both 

authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon 

consideration of the size, weight, speed, operational capability, and proximity to airports and 

populated areas of the particular UAS.

In all cases, an analysis of these criteria demonstrates that the UAS operated without an 

airworthiness certificate in the restricted environment and under the 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 less than 55 lbs. fully loaded, carries neither a pilot nor passenger, carries 

no explosive materials or flammable liquid fuels, and operates exclusively within a secured and 

designated area.

Unlike other civil aircraft, operations under this exemption will be tightly controlled and 

monitored by both the operator and under the requirements and in compliance with local public 

safety requirements. These safety enhancements provide a greater degree of safety to the public 

and property owners than conventional operations conducted with airworthiness certificates 

issued under 14 C.F.R. Part 21, Subpart H.

Application of these same criteria demonstrates that there is no credible threat to national 

security posed by the UAS, due to its size, speed of operation, location of operation, lack of 

explosive materials or flammable liquid fuels, and inability to carry a substantial external load.

14 C.F.R. §45.23 (b). Marking of the Aircraft

The regulation requires: When marks include only the Roman capital letter "N" and the 

registration number is displayed on limited, restricted or light 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 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. § 45.23 (b).

Even though the UAS will have no airworthiness certificate, an exemption may be needed as the 

UAS will have no entrance to the cabin, cockpit or pilot station on which words can be placed. 

Given the size of the UAS, two inch lettering will be impossible.

14 C.F.R. §61.113 (a) and (b): Private Pilot Privileges and Limitations: Pilot in Command.

This section provides that no person who holds a private pilot certificate may act as a pilot in

command of an aircraft that is carrying passengers or property for compensation or hire. 

The proposed UAS operations may achieve an equivalent level of safety as achieved by current 

Regulations because the petitioner’s UAS do not carry any pilots, passengers, or 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. 
5

14 C.F.R. §91.7(a): Civil Aircraft Airworthiness.

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 

exemption be granted, no FAA regulatory standard will exist for determining airworthiness. 

Given the size of the aircraft for maintenance and use of safety checklists prior to each flight, an 

equivalent level of safety will be provided.

14 C.F.R. §91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft.

This section provides that no person may operate a U.S. registered civil aircraft for which an

Airplane or Rotorcraft Flight Manual is not required by §21.S 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. 

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 no pilot on board, but because there is no room or capacity 

to carry such an item on the aircraft. The equivalent level of safety will be maintained by 

keeping the flight manual at the ground control point where the PIC flying the UAS will have 

immediate access to it.

14 C.F.R. §91.103: Preflight Action.

This regulation requires each pilot in command to take certain actions before flight to insure the 

safety of flight. As FAA approved aircraft flight manuals will not be provided for the aircraft an 

exemption will be needed. The PIC will take previously listed pre-flight actions including but 

not limited to reviewing weather, flight battery requirements, landing and takeoff distances and 

aircraft performance data before initiation of flight.

14 C.F.R. §91.109: Flight Instruction.

This section provides that no person may operate a civil aircraft (except a manned free balloon) 

that is being used for flight instruction unless that aircraft has fully functioning dual controls. 

UAS and remotely piloted aircraft, by their design may not have fully functional dual controls. 

Flight control is accomplished through the use of a control box that communicates with the 

aircraft via radio communications. The FAA has approved exemptions for flight training without 

fully functional dual controls for a number of aircraft and for flight instruction in experimental 

aircraft. The equivalent level of safety is provided by the fact that neither a pilot nor passengers 

will be carried in the aircraft and by the size and speed of the aircraft.

14 C.F.R. §91.119: Minimum Safe Altitudes.

This section establishes safe altitudes for operation of civil aircraft. Section 91.119 (d) allows

helicopters to be operated at less than the standard minimums prescribed, provided the person 

operating the helicopter complies with any route or altitudes prescribed for helicopters by the 

FAA. As this exemption requests authority to operate at altitudes up to 400 AGL, an exemption

may be needed to allow such operations. As set forth herein, the UAS will never operate at 

higher than 400 AGL, with a security perimeter, where buildings and people will not be exposed 
6

to operations without their pre-obtained consent. The equivalent level of safety will be achieved 

given the size, weight, and speed of the UAS as well as the location where it is operated. 

Moreover, no flight will be taken without the permission of the property owner or local officials. 

Because of the advance notice to any property owner and participants in the filming activity, all 

affected individuals will be aware of the planned flight operations. 

14 C.F.R. §91.121 Altimeter Settings.

This regulation requires each person operating an aircraft to maintain cruising altitude by 

reference to an altimeter that is set “...to the elevation of the departure airport or an appropriate 

altimeter setting available before departure.” As the UAS may not have a barometric altimeter, 

but instead a GPS altitude read out, an exemption may be needed. An equivalent level of safety 

will be achieved by the operator, pursuant to the safety check list and live flight data monitoring, 

confirming the altitude of the launch site shown on the GPS altitude indicator before flight.

14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions

This section prohibits an individual from beginning “a flight in an airplane under VFR conditions

unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first 

point of intended landing, and, assuming normal cruising 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.”

An equivalent level of safety can be achieved by limiting flights to five minutes or 25% of 

battery power — whichever happens first. This restriction would be more than adequate to 

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

14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration

The regulation provides that no person may operate a civil aircraft unless it has within it an 

appropriate and current airworthiness certificate and that no person may operate a civil aircraft 

unless the airworthiness certificate or a special flight authorization is displayed at the cabin or

cockpit entrance so that it is legible to passengers or crew. 

The UAS is operated without an onboard pilot and no area to carry certification and registration 

documents or to display them on the UAS. An equivalent level of safety will be achieved by 

keeping these documents at the ground control point where the pilot flying the UAS will have 

immediate access to them, to the extent they are applicable to the UAS.

14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) &(b): Maintenance Inspections.

These regulations require that an aircraft operator or owner shall have that aircraft inspected and 

shall between required inspections have any discrepancies repaired. These sections apply only to 

aircraft with an airworthiness certificate. UAS Maintenance will be accomplished by the 

operator pursuant to the UAS operating manual. An equivalent level of safety will be achieved 

because the UAS is limited in size and will operate only in restricted areas for a limited period of 

time. If mechanical issues arise, the UAS can land immediately. The operator will ensure that 

the UAS is in working order prior to initiating flight, perform required maintenance, and keep a 

log of any maintenance performed.
7

SUMMARY

The rules from which the petitioner, Arkansas State University, seeks exemption include the 

following: 14 CFR Part 21 subpart H; 14 CFR 45.23 (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; 14 CFR 91.119 (c); 14 CFR 91.121; 14 

CFR 91.151(a); 14 CFR 91.203 (a) & (b); 14 CFR 91.405 (a); 14 CFR 91.407 (a)(1); 14 CFR 

91.409 (a)(2); and 14 CFR 91.417 (a) & (b). Given the UAS size and limited operating area 

associated with the aircraft to be utilized by the petitioner, an exemption from these sections 

meets the requirements of an equivalent level of safety under Section 333 of the FAA 

Modernization and Reform Act of 2012 and 14 CFR Part 11.

Additional Information

The petitioner, Arkansas State University, submits that this exemption request and associated 

safety considerations adequately satisfy criteria provided in Section 333 of the Reform Act of 

2012 to provide sufficient justification for the granting of petitioner’s commercial UAS

operations.