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 22102

United States

T 703.336.8800

F 703.336.8750

Salans FMC SNR Denton

McKenna Long

dentons.com

July 23, 2015

To Whom it May Concern: 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (Reform 

Act) and 14 C.F.R. Part 11, Iowa State University of Science and Technology (hereinafter 

sometimes referred to as "ISU" or "Petitioner") hereby applies for a Summary 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 the purpose of 

conducting aerial data collection, including aerial imaging and remote sensing and surveying, in 

support of its education and research operations. Specifically, ISU requests permission to 

operate the SenseFly eBee series of aircraft, the DJI Spreading Wings series of aircraft, and the 

AirCover QR425. ISU respectfully submits that this Petition for Exemption qualifies for 

expedited 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, ISU will also submit The University UAS Operations 

Manual under separate cover. 

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

Re: Petition of Iowa State University of Science and Technology for Summary Grant 

of Exemption Pursuant to Section 333 of the FAA Modernization and Reform 

Act of 2012
 

U.S. Department of Transportation

July 23, 2015

Page 2

For your convenience, this Petition is organized as follows:

TABLE OF CONTENTS

PAGE

I. BACKGROUND & DESCRIPTION OF PETITIONERERROR! BOOKMARK NOT DEFINED.

II. DESCRIPTION OF PROPOSED OPERATION...........................................................................4

III. RELEVANT STATUTORY AUTHORITY .................................................................................6

IV. ISU'S PROPOSED UAS OPERATIONS MEET THE REQUIREMENTS OF SECTION 

333 OF THE REFORM ACT ...................................................................................................6

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

Operational Capability.............................................................................................6

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

Operating Documents ..............................................................................................7

V. REGULATIONS FROM WHICH EXEMPTION IS SOUGHT......................................................7

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

Requirements ...........................................................................................................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 Pilot Medical Certificate, Privileges and 

Limitations.............................................................................................................10

D. 91.7(a): Civil Aircraft Airworthiness....................................................................11

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

(b): Carrying Civil Aircraft Certification and Registration ...................................11

F. 91.103: Preflight Action........................................................................................12

G. 91.109(a): Flight Instruction .................................................................................13

H. 91.119(c): Minimum Safe Altitudes Over Other Than Congested Areas..............13

I. 91.121: Altimeter Settings....................................................................................14

J. 91.151(a): Fuel Requirements for Flight in VFR Conditions................................14

VI. DRUG AND ALCOHOL PROGRAM ......................................................................................15

VII. PUBLIC INTEREST..............................................................................................................15

VIII. PRIVACY ............................................................................................................................16

IX. FEDERAL REGISTER SUMMARY........................................................................................16

X. CONCLUSION .....................................................................................................................16
 

U.S. Department of Transportation

July 23, 2015

Page 3

I. BACKGROUND & DESCRIPTION OF PETITIONER

Iowa State University of Science and Technology is a land grant public institution of 

higher education located in Ames, Iowa. ISU is dedicated to continuing to build a robust,

visionary aviation and aerospace program coupled with an innovative agricultural research and 

Extension/outreach enterprise that utilizes UAS technology as a platform for aerial data collection

and which facilitates economic development, discovers new products and processes, and creates

opportunities for students, researchers, and Extension Specialists as well as agricultural and 

aviation stakeholders. As part of this vision, ISU seeks an exemption for commercial operations

of small UAS for educational, research, extension, and marketing purposes.

ISU’s College of Agriculture and Life Sciences and the Agriculture Experiment Station, 

have conducted mission-oriented basic and applied research for over 125 years. The college 

shares new knowledge for the betterment of Iowa. The College/Experiment Station is a world 

leader in “science with practice” that improves lives and livelihoods. It has been ranked in the 

top 10 colleges of agriculture and forestry worldwide by QS Rankings from 2013-2015.

Agriculture and agricultural sciences are poised to drive economic growth and job 

creation to new heights, with ISU’s College of Agriculture and Life Sciences providing essential 

education, research and Extension. The College/Experiment Station works across the state and 

globe to help people more efficiently and sustainably produce food, feed, bio-energy and 

everyday materials; protect plant, animal and human health; and care for the environment. Many 

of the 750 active research projects rely on data-driven science to generate innovation, discovery 

and solutions related to food and nutritional security. The development and use of UAS is a key 

component to success and solutions addressed by our many research projects.

ISU has a long history of aerospace research and education. Aeronautical Engineering 

courses were offered by ISU as early as 1929. In 1933, undergraduate courses were available, 

dealing with the design of Aeronautical structures. In 1942 Aerospace became its own 

department, spending much of its time in pilot instruction. In the early 1960s, the official name 

of the Aeronautics Department was changed to Aerospace. The Department specializes in all 

aspects of aviation and aerospace research, including structures, propulsion, aerodynamics, 

controls, and system engineering. It has a flight simulation facility, and the capabilities to build, 

certify, and test both fixed- and rotary-wing vehicles.

Consistent with ISU’s visionary aerospace program and commitment to adopting new 

technologies to advance its education, research and Extension programs, ISU seeks a Section 

333 Exemption to operate small UAS for aerial data collection. 

In accordance with 14 C.F.R. § 11.81(a), the contact information for Petitioner is as 

follows:

Adwin L. Hesseltine

Brooke Langlitz

Director 
 

U.S. Department of Transportation

July 23, 2015

Page 4

Iowa State University

Office of Research Integrity

1138 Pearson Hall

Ames, Iowa 50011

Phone: 515-294-7793

Email: mailto:langlitz@iastate.edu

II. DESCRIPTION OF PROPOSED OPERATION

ISU intends to establish a robust UAS program that centers on aerial data collection and 

air vehicle research. There will be an educational subprogram that focuses on UAS operation 

from public and private (commercial) aspects. Additional subprograms will be focused on 1) 

precision agriculture research, 2) Extension/outreach to farmers, agribusinesses, and government 

entities on the application of UAS technology and research advancements from UAS-supported 

precision agriculture to the various agricultural stakeholders, 3) development of innovative air 

vehicle technologies, 4) control of multiple air vehicles in closely coupled collaborative flight, 5) 

crops research related to plant breeding, pest management, forages, bio-energy crops, soil 

management and soil fertility, 6) natural resources research related to forestry, water quality and 

wildlife, and 7) marketing and promotion, including using aerial imagery to enhance student 

recruitment.

ISU intends to establish a UAS Flight Instruction Program. This program will introduce

students to the elements of UAS operation from a commercial and non-commercial perspective.

All UAS training and instruction activities will occur under tightly controlled conditions on

property that is more than five miles from any airport and is owned and controlled by ISU. Upon

completion of ISU's Program, students, faculty and staff will be provided with a Certificate of

Completion. This "Certificate of Completion" does not permit the student to engage in

commercial UAS activities that are not in accordance with the FARs, but rather, is intended to be

an acknowledgement that the student has successfully demonstrated a complete understanding of

UAS operations.

ISU will serve students, federal, state, and local governments, the aviation and agricultural 

industries by pioneering UAS academic programs, developing and deploying UAS technology to 

address agricultural science research questions, enhancing relationships with government and

industry, strengthening UAS flight operations and training, and collaborating with other academic

institutions. This exemption request is an opportunity to not only prepare students for aviation

and aerospace careers in the UAS industry, but also to collaborate with the FAA to study and

address training and qualification needs specific to the UAS industry. To that end, ISU will

coordinate and continuously update its curriculum, research and Extension/outreach agenda to

take advantage of new guidance and regulations proposed and implemented by the FAA.

All of the UAS platforms ISU intends to use have already been approved for commercial 

use in other grants of exemption, including the DJI Spreading Wings S1000, AirCover QR425, 

and SenseFly eBee. As set forth below, the FAA has previously determined that these vehicles 
 

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July 23, 2015

Page 5

meet the criteria established in Section 333 of the Reform Act and are suitable platforms for 

performing aerial data collection. 

In addition, ISU has a proven track record of safe UAS operations. The FAA has issued 

ISU two Certificate of Waiver or Authorizations (COAs) for research activities located in areas

under the jurisdiction of the Des Moines Terminal Radar Approach Control (TRACON):

 COA No. 2014-CSA-90: Operation of the SenseFly eBee, UAS in Class G airspace 

below 400 AGL the vicinity of Ames, Iowa under the jurisdiction of Des Moines 

TRACON.

 COA No. 2014-CSA-142: Operation of the AirCover QR425, UAS in Class G 

airspace below 400 AGL the vicinity of Ames, Iowa under the jurisdiction of Des 

Moines TRACON.

ISU is committed to ensuring that its instruction program is not only compliant, but that is 

also reflects best practices as UAS technology evolves. To that end, ISU will leverage its 

knowledge and experience gained operating UAS under its public COAs to ensure that the 

proposed operations are conducted safety. All UAS operations will be performed in accordance 

with the accompanying ISU 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, within visual line-of-sight (VLOS) of the pilot 

and visual observer, and will be limited to daytime visual flight rules (VFR) conditions. 

Moreover, ISU'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 previously issued grants of exemption to use small UAS for aerial data collection 

in support of similar educational and research activities, including:

 Exemption No. 11304 to Auburn University Aviation Center to conduct training courses 

to instruct students in the operation of unmanned aircraft and their associated systems. 

(Docket No. FAA-2014-1014); 

 Exemption No. 11552 to Sinclair Community College to conduct educational research 

and training (Docket No. FAA-2015-0374); 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).

The low-risk UAS operations proposed by ISU in this Petition for Exemption fall 

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

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July 23, 2015

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III. RELEVANT STATUTORY AUTHORITY

This Petition for Exemption is submitted pursuant to 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 permit unmanned aircraft systems to operate in the 

national airspace system (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

 Operation 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 

exemption 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 why 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. ISU'S PROPOSED UAS OPERATIONS MEET THE REQUIREMENTS OF SECTION 333 OF 

THE REFORM ACT

ISU’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 criteria 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, Speed, and 

Operational Capability

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

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

operational capabilities: the DJI Spreading Wings S1000, AirCover QR425, and SenseFly eBee. 

See e.g.,

 DJI Spreading Wings S1000: Exemption No. 11318 to MicroDrone Vision Inc.; 

Exemption No. 11297 to Aerial Media Systems; and Exemption No. 11297 to Shotwell 

Media

 AirCover QR425: Exemption No. 11353 to Union Pacific Railroad; and Exemption No. 

42780 to Jackson Family Vineyard
 

U.S. Department of Transportation

July 23, 2015

Page 7

 SenseFly eBee: Exemption No. 11266 to Darling Geomatics; Exemption No. 11263 to 

SenseFly LTD; and Exemption No. 11194 to Quiet Creek Corp.

The FAA has found the following shared characteristics of the DJI Spreading Wings 

S1000, AirCover QR425, and SenseFly eBee to warrant approval for a grant of exemption:

 They all weight less than 55 pounds including payload;

 They all have the capability to operate safely 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 precoordinated, predictable, automated flight 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 

Federal Communications Commission (FCC) and other appropriate government oversight 

agency requirements; and

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

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

Operating Documents 

The University UAS Operations Manual and the manufacturer's manuals for the selected 

UAS platforms (hereinafter collectively referred to as "operating documents") contain all the 

procedures and limitations necessary to safely and successfully perform the proposed operations.

To expedite the FAA's safety assessment of ISU's proposed UAS operations, ISU has tailored its 

operating documents to comply with the conditions 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 ISU to comply with the 

conditions and limitations in the FAA's Grant of Exemption. Id. 

V. REGULATIONS FROM WHICH EXEMPTION IS SOUGHT

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

This statutory authority, by its terms, 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. See 49 U.S.C. 

§ 44701(f) (authorizing the grant of exemptions from requirements of regulations prescribed 

pursuant to Sections 44701(a) and (b) and Sections 44702 - 44716).
 

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July 23, 2015

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ISU seeks an exemption 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:

FAR Description

91.9(c); 45.23(b) and 

45.27(a)

Aircraft Marking and Identification Requirements

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

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

91.417(a) and (b) 

Maintenance and Inspection Requirements

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 Action

91.109(a) Flight Instruction

91.119(c) Minimum Safe Altitudes Over Other than Congested Areas

91.121 Altimeter Settings

91.151(a) Fuel Requirements for Flight in VFR Conditions 

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 established which will ensure a level 

of safety better than or equal to the rules from which exemption is sought.1

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

Requirements

ISU seeks an exemption from the aircraft marking and identification requirements

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 Requirements, 

provides that:

No person may operate a U.S.-registered civil aircraft unless that aircraft is 

identified in accordance with Part 45 of this chapter.

 

1

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.
 

U.S. Department of Transportation

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● 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 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. § 45.27(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 marks required by § 45.23.

In prior grants of exemption under Section 333 of the Reform Act, the FAA determined 

that exemption from these requirements was warranted provided that the aircraft "have 

identification (N-Number) markings in accordance with 14 C.F.R Part 45, Subpart C if the 

markings are as large as practicable."2 All UAS flown by ISU will bear N-number markings that 

are as large as practicable in accordance with 14 C.F.R. Part 45, Subpart C.3 

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

Inspections

ISU seeks an exemption from the maintenance inspection requirements 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 43.4 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 

have.

An equivalent level of safety will be achieved because maintenance and inspections will 

be performed in accordance with the operating documents and any required manufacturer Safety 

or Service Bulletins. Further, as required by the operating documents, the Pilot-in-Command 

(PIC) will conduct a pre-flight inspection of the UAS and all associated equipment 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 

 

2

FAA Docket No. FAA-2014-0352.

3

See, e.g., FAA Docket No. FAA-2014-0352, at 14. 

4

See, e.g., 14 C.F.R. § 91.405(a) (stating that 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.").
 

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Page 10

in a condition safe for operation. A functional test flight will be conducted following the 

replacement of any flight-critical components. As required 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 requirements to follow the UAS manufacturer’s

maintenance, overhaul, replacement, inspection, and life limit requirements for the aircraft 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 required by Petitioner's operating documents 

ensure that an equivalent or higher level of 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

ISU seeks exemption from these sections, which restricts private, recreational or sport

pilot certificate holders from flying aircraft for compensation or hire, and would also require a 

Class II Medical Certificate. The purpose of Part 61 is to ensure that the skill and competency of 

any PIC matches the airspace in which the PIC will be operating, as well as requiring 

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 Exemption No. 11062 to Astraeus Aerial5, the FAA determined that the 

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

additional cost and restrictions attendant with requiring the PIC to have a Commercial Pilot 

Certificate and Class II Medical Certificate. The fulfillment of the additional requirements 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, the 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 Department of 

Homeland Security (DHS), the FAA determined that holders of recreational and sport pilot 

certificates would be qualified to serve as the PIC for UAS operations.6 

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 Section 333 of the FAA Reform Act. ISU will operate away from persons and 

 

5

FAA Docket No. FAA-2014-0352.

6

See Grant of Exemption No. 11213 to Aeryon Labs, Inc. (Docket No. FAA-2014-0642 at pgs. 

8-9).
 

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property that is not the subject matter of the flight. ISU will also require all PICs to 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 ISU. The pilot qualification, training, and currency requirements

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

are operating. The Petitioner's training and qualification requirements are consistent with those 

contained in prior FAA-issued grants of exemption and will ensure at least an equivalent level of 

safety.

D. 91.7(a): Civil Aircraft Airworthiness

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

exemption from 14 C.F.R. § 91.7(a), which requires 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 procedures 

that 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. 

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

(b): Carrying Civil Aircraft Certification and Registration

Title 14 C.F.R. § 91.9(b)(2) and § 91.203(a) and (b) require 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 required 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 

required by paragraph (a) of this section or a special flight authorization issued 
 

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Page 12

under § 91.715 is displayed at the cabin or cockpit entrance so that it is legible 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 flight 

manual, registration certificate, and other required documents from the ground control station 

from which he or she is operating the aircraft.7 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 equivalent 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.8 

F. 91.103: Preflight Action

Petitioner seeks an exemption from 14 C.F.R. § 91.103, which requires 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 will 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 required.

Adherence to the requirements in the operating documents will ensure that the UAS is in 

an airworthy 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 required to review weather, flight requirements, 

battery charge, landing and takeoff distance, UA performance data, and contingency landing 

 

7 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. 

8

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: 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.
 

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Page 13

areas—before initiation of flight. Petitioner's operating documents will be kept at the ground 

control station and will be accessible to the PIC 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 

used 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 communicates with the aircraft via radio 

communications. Accordingly, an exemption will be required for the flight instruction 

requirements of 14 C.F.R. § 91.109(a). 

Given the size and speed of the UAS that Petitioner intends to use, an equivalent level of 

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

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

the event that the UAS experiences any difficulties during flight 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 Altitudes Over Other Than Congested Areas

ISU requests an exemption from the minimum safe altitude requirements of 14 C.F.R. § 

91.119(c).

9

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

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 required because the proposed UAS operations will normally need to 

occur below 400 feet AGL. Additionally, due to the nature of the proposed operations, the PIC 

and/or Observers may need to be less than 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 with the UAS, any risk associated with these operations is far 

less than those that presently exist with conventional aircraft. 

An equivalent level of safety will be achieved given the size, weight, and speed of the 

UAS, as well the controlled location where the operations will occur. In order to avoid any risk 

 

9 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 exemption from § 91.119(b) will not be necessary. See e.g., Grant of Exemption No. 11157 

to Slugwear, Inc., dba Likeonatree Aerial at pg. 15 (Docket No. FAA-2014-0534). 
 

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July 23, 2015

Page 14

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 

occur at a lateral distance 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 flight operations 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 permission 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 ISU's operating documents will 

ensure 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 ISU to conduct the proposed operations, Petitioner requests 

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

cruising 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 equivalent level of safety to the requirements 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 ground-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.10

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

these operational characteristics. Moreover, the operating documents require the PIC to calibrate 

the 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 and the safety mitigation 

procedures contained in the operating documents, ensure that an equivalent level of safety will 

be achieved, and a grant of exemption to the requirements of § 191.121 is therefore appropriate.

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

ISU requests an exemption from 14 C.F.R. § 91.151(a)'s fuel requirements 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 forecast weather conditions) there is enough fuel to fly to 

the first point of intended landing and, assuming normal cruising speed –

 

10 See Grant of Exemption No. 11062 to Astraeus Aerial (FAA-2014-0352 at 21). 
 

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July 23, 2015

Page 15

(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.

Here, 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 requirements of 14 C.F.R. § 91.151(a) is therefore required. 

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.

11

 In Exemption No. 11213 to Aeryon Labs, Inc.12, the FAA determined that a 

requirement prohibiting the PIC from beginning a UAS flight unless (considering wind and 

forecast weather conditions) there was enough available power for UAS to operate for the 

intended operational time and to operate after that for at least five 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).

13

 Petitioner's operating documents impose this same 

requirement and an exemption from § 91.151(a)'s fuel requirements for flight in VFR conditions 

is therefore appropriate. 

VI. DRUG AND ALCOHOL PROGRAM

ISU 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. PUBLIC INTEREST

The public interest will be served by granting ISU’s Petition for Exemption. Congress

has established a national policy that favors early integration of UAS into uncontrolled airspace,

safe working environments such as those proposed in this Petition. Granting this Petition for

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

namely; the FAA Administrator's assessment of whether certain UAS may operate safely in

uncontrolled airspace before completion of the rulemaking required under Section 332 of the

Reform Act.

Beyond increased levels of safety, the proposed UAS operations in this Petition for

Exemption will also benefit students, researchers, Extension specialists, and the agriculture and

aviation industries as a whole by pioneering UAS academic, research and Extension programs

that focus on the safe integration of UAS into the NAS. This Petition for Exemption also offers

 

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

12 Docket No. FAA-2014-0642.

13 Exemption No. 11213 at pg. 12.
 

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the FAA an opportunity to collaborate with an academic institution that has 150 years of

experience and a worldwide reputation for excellence throughout all facets of its research, 

Extension/outreach, and educational missions. The public as a whole will benefit from a

collaborative relationship between the FAA and ISU that focuses on the safe promotion of best

practices for training and qualification needs specific to the UAS industry, and development and 

deployment of appropriate UAS technology in the agricultural and aerospace industry.

VIII. PRIVACY

All ISU UAS operations shall be conducted in accordance with applicable federal, state, or

local laws regarding privacy. ISU will not conduct flight operations over property that it does not

own or control without the prior consent and knowledge of the property owner. Moreover, ISU

will conduct UAS in a manner designed to minimize the likelihood of capturing aerial data from 

neighboring properties. A human operator will review all aerial data, and any inadvertently 

captured aerial data from adjacent properties will not be used and shall be deleted.

IX. FEDERAL REGISTER SUMMARY

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

FEDERAL REGISTER, 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); 91.103; 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, extension, training and 

research programs. 

X. CONCLUSION

The proposed operations in this Petition 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 ISU in this Petition for Exemption. In consideration 

of the foregoing, ISU 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 need additional information to support the requested exemptions, 

please do not hesitate to contact us. 
 

U.S. Department of Transportation

July 23, 2015

Page 17

Very truly yours,

Mark E. McKinnon

Matthew J. Clark

Iowa State University of Science 

And Technology 

Attachment
 

U.S. Department of Transportation

July 23, 2015

Page 18

Attachment: 

 The University UAS Operations Manual