Mark E. McKinnon
Matthew J. Clark Mark.McKinnon@dento ns.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

J uly 23

, 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, Middle Tennessee State University (hereinafter sometimes referred to as

"MTSU" or " the University ") 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 providing student UAS flight instruc tion , and

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

, in support of its education , community extension and research operations

. Specifically, MTSU seeks permission to operate the DJI Phantom series of aircraft and the DJI S1000 series of aircraft. MTSU 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, MTSU will also submit The University UAS Operations Manual under separate cover

. MTSU submits this Operations Manual as a confidential document under separate c over pursuant to 14 C.F.R. § 11.35(b), as the material contain confidential commercial and pr oprietary information that MTSU has not and will not share with others

. The information contained in the Operations Manual 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 Middle Tennessee State University for Summary Grant of Exemption

Pursuant to Section 333 of the FAA Modernization a nd Reform Act of 2012U.S. Department of Transportation

July 2 3 , 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 PERATION

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

III. R ELEVANT S TATUTORY A UTHORITY

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

IV. MTSU' S P ROPO SED 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 Warranted B ased on the Operational Restrictions in MTSU's Operating Documents

................................ ................................ .............................. 6

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

................................ ...................... 6

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

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

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

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

C. 61.23(a) and (c), 61.113, 61.101(e)(4) and (5), 61.315: Private, Recreational and Sport Pil ot 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 Aircraft Certification and Registration

................................ ... 10

F. 91.103: Preflight Action

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

G. 91.109(a): Flight Instruction

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

H. 91.119(c): Minimum Safe Altitudes Over Other Than Co ngested Areas

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

I. 91.121: Altimeter Settings

................................ ................................ .................... 13

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

................................ 13

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

Ju ly 2 3 , 2015 Page 3

I. B ACKGROUND & D ESCRIPTION OF P ETIT IONER

Middle Tennessee State University is situated at the geographic center of Tennessee in

Murfreesboro , and is the oldest and largest institution in the Tennessee Board of Regents system

. Evolving from its founding in 1911 as the Middle Tennessee State Normal School, the institution was advanced to university status and officially became Middle Tennessee State University in 1965

. Today, t he University is composed of eight undergraduate colleges, offering more than 40 departments and more than 140 degree programs. The College of Graduate Studies offers more than 100 deg ree programs

. With an enrollment of about 23,000 students, MTSU is the number one producer of graduates for the Greater Nashville economy.

MTSU occupies more than 1,000 acres in Rutherford County including a 500

- acre main campus, an agricultural campus, the Miller Horse Science Center, and an aerospace facility at the Murfreesboro Airport

. MTSU has received regional, national, and international acclaim for a variety of programs and activiti es including distinctive offerings in programs as diverse as recording industry management, horse science, aerospace, and a first

- of

- its

- kind academic program i n concrete industry management. Many more traditional programs

— agricultural science, nursing, ac counting, and education, among others

— are considered to be among the best in the region.

E stablished in 1942, the Aerospace Department is now a signature department at MTSU and has grown into one of the most respected aerospace programs in the nation. Fou rteen full

- time faculty members, 35 flight instructors, and over 750 majors places it among the largest of the nation's collegiate aviation programs

. MTSU's aerospace program prepares graduates for careers in the aerospace industry, including aerospace tec hnology, flight dispatch, professional pilot, aviation maintenance, aerospace administration , and UAS operations

.

MTSU is a vibrant hub for educating accomplished students who are civically engaged and globally responsible citizens

. The University striv es to be a seedbed for research and entrepreneurship; and an engine of cultural and economic development

. New UAS technologies provide an extremely versatile platform for aerial data collection that can significantly enhance and

accelerate MTSU's research, education and training programs

. UAS operations will provide MTSU opportunities to capture data that is too costly, dangerous, or impractical to gather with current tools

and means

. To bolster its aerospace program and to enhance the University's educatio n, extension and research programs, MTSU seeks an exemption for commercial operations of small UAS

.

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

Doug Campbell Operations Manager, Unmanned Aircraft System s Department of Aerospace Middle Tennessee State University

Box 67 Murfreesboro, Tennessee 37132

Phone : 615

- 898

- 5832

F ax : 615

- 904

- 8273U.S. Department of Transportation

Ju ly 2 3 , 2015 Page 4

Email: douglas.campbell@mtsu.edu

II. D ESCRIPTION OF P ROPOSED O PERATI ON

MTSU seeks an exemption pursuant to Section 333 of the Reform Act to operate UAS that focuses on two key areas

. First, MTSU intends to offer course instruction on the operation and design of UAS

. As part of the UAS program, MTSU will provide students w ith UAS flight instruction and offer degrees in UAS operations and engineering

. Second, MTSU intends to operate

UAS for aerial data collection in support of its general education

, community extension and research operations

. A erial data collected by Petiti oner's UAS will support a wide range of MTSU education

, extension and research applications, including, but not limited to: aerial surveying and remote sensing, precision agriculture, wildlife/forestry management, environmental monitoring, engineering and avionics development, aeronautical research and design, and aerial photography and videography

. Aerial data collected by MTSU 's UAS would also be used to promote and market

MTSU , as well as support student re creational and sport activities

.

MTSU is comm itted to maintaining the highest standards of flight safety, and will leverage

the knowledge, training and experience of its Aerospace Department faculty to ensure that the proposed operations are conducted safety

. All UAS operations will occur in controll ed environments away from non

- participating persons

. Operations will occur primarily over the nearby MTSU dairy farm (university property). Furthermore, a ll UAS operations will be performed in accordance with the accompanying MTSU 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 VFR conditions

. Moreover, MTSU 's operating documents incorporate redundant safeguards to enhance safety.

All of the UAS platforms MTSU intends to operate have already been approved for commercial use in other grants of exemption

, inc luding the DJI Phantom 2

, DJI Phantom 3, DJI Spreading Wings S1000, and DJI Spreading Wings S1000+. As set forth below, the FAA has previously determined that these vehicles meet the criteria established in Section 333 of the Reform

Act and are suitable p latforms for performing aerial data collection

. 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 e ducational 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 unmanned 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 curricu lum (Docket No. FAA

- 2014

- 0732).U.S. Department of Transportation

Ju ly 2 3 , 2015 Page 5

The low

- risk UAS operations proposed by MTSU 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 Peti tion 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 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 pro ximity 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 requ esting 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 (pet itions for exemption).

IV. MTSU ' S P ROPOSED UAS O PERATIONS M EET THE R EQUIREMENTS OF S ECTION 333 OF

THE R EFORM A CT

MTSU '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 War ranted Based on the UAS's Size, Weight, Speed, and Operational Capability

The FAA is familiar with and has already determined that each vehicle chosen by MTSU

meet s the requirements of Section 333 of the Reform Act due to their weight, speed and operatio nal capabilities : the DJI Phantom 2, DJI Phantom 3, DJI Spreading Wings S1000, and DJI Spreading Wings S1000+. See e.g.

,

 DJI Phantom 2: Exemption No. 11315 to The Climate Corporation and Precision Planting, LLC; Exemption No. 114 45 to Unmanned Aerial Solu tions; and Exemption No. 11289 to Bird's Eye Solutions, LLCU.S. Department of Transportation

Ju ly 2 3 , 2015 Page 6

 DJI Phantom 3 : Exemption No. 11335A to Voler, Inc.; Exemption No. 11267A to ETAK Systems, Inc.; Exemption No. 11306A to Hawk Aerial, LLC

 DJI Spreading Wings S1000 : Exemption No. 11784 to Pre cision Unmanned Aerial, LLC; Exemption No. 11753 to William Clary; Exemption No. 11691 to OpenSky Drones, LLC

 DJI Spreading Wings S1000+ : Exemption No. 11777 to SkyGizmo; Exemption No. 11778 to Cloud9Drones; Exemption No. 11659 to Fovea Aero Systems LLC

The FAA has found the following shared characteristics of the DJI Phantom 2, DJI Phantom 3, DJI Spreading Wings S1000, and DJI Spreading Wings S1000+ to warrant approval for a grant of exemption:

 They all weigh less than 55 pounds including payload;

 They all have the capability to operate safely after experiencing certain in

- flight contingencies or failures and use 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 p re

coordinated, 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 frequen cies 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 Base d on the Operational Restrictions in MTSU '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 procedure s and limitations necessary to safely and successfully perform the proposed operations

. To expedite the FAA's safety assessment of MTSU's proposed UAS operations, MTSU has tailored its operating documents to comply with the conditions and limitations impos ed 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 proc edures to permit MTSU 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 autho rity, by its terms, includes exempting civil aircraft, as the term is defined underU.S. Department of Transportation

Ju ly 2 3 , 2015 Page 7

§ 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. 1

MTSU 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 R eq 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 Lim itations

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 O ther than Congested Areas

91.121 Altimeter Settings

91.151(a) Fuel Req ui rements 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 Petiti oner has established which will ensure a level of safety better than or equal to the rules from which exemption is sought. 2

1 See 49 U.S.C. § 447 01(f) (authorizing the grant of exemptions from requirements of regulations prescribed pursuant to Sections 44701(a) and (b) and Sections 44702

- 44716).

2 See 14 C.F.R. § 11.81(e), which requires a petition for exemption to include:

{footnote cont inued}U.S. Department of Transportation

Ju ly 2 3 , 2015 Page 8

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

Req ui rements

MTSU seeks an exemption from the aircraft marking and identification 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 is 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 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 ta il the marks 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

Number) markings in accordance w ith 14 C.F.R Part 45, Subpart C if the markings are as large as practicable." 3 All UAS flown by MTSU will bear N

- number markings that are as large as practicable in accordance with 14 C.F.R. Part 45, Subpart C. 4

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

MTSU 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

{continued from previous page} The reasons why granti ng 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.

3 FAA Docket No. FAA

- 2014

- 0352.

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

- 2014

- 0352, a t 14

.U.S. Department of Transportation

Ju ly 2 3 , 2015 Page 9

maintenance and ins pection standards in reference to 14 C.F.R. Part 43. 5 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 wil l not have.

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 d ocuments, 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 op eration 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 fli ght

- critical

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 manufactu rer’s maintenance, 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 mai ntenance, 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 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

MTSU seeks exemption from these sections , which restricts private

, recreation al 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 any PIC matches the airspace in which the P IC will 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 Gran t of Exemption No. 11062 to Astraeus Aerial 6 , 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 Pilo t Certificate 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

.

5 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

. ").

6 FAA Docket No. FAA

- 2014

- 0352

.U.S. Department of Transportation

Ju ly 2 3 , 2015 Page 10

More recent ly, 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 De partment of Homelan d Security (DHS ), the FAA determined that holders of recreational and sport pilot certificates would be qualified to serve as the PIC for UAS operations. 7

The restrictions Petitioner has placed on its UAS operations meet or exceed the restrictions

simi larly imposed on Astraeus Aerial and other operators in more recently granted exemptions under

Sect ion 333 of the FAA Reform Act

. MTSU will operate away from persons and property that is not the subject matter of the flight

. MTSU will also req ui re 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 befo re they are permitted to participate in commercial flights on behalf of

MTSU

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

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

. The 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 s afety.

D. 91.7(a): Civil Aircraft Airworthiness

Inasmuch as there will be no airworthiness certificate issued for the UAS, MTSU 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

. Whi le 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 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

.

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) 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

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

- 2014

- 0642 at pgs.

8

- 9).U.S. Department of Transportation

Ju ly 2 3 , 2015 Page 11

Rotorcraft Flight Manual, approved manual material, mark ings, 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 cert ificate...

(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 legible t o 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 Offi ce 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 fligh t manual, registration certificate, and other req ui red documents from the ground control station from which he or she is operating the aircraft. 8 As this FAA Office of Chief Counsel Opinion clarifies, the intent of the rule is to ensure the pilot has acce ss 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. 9

F. 91.103: Preflight Ac tion

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 will be familiar with all information

8 Memorandum from Mark Bury, FAA Assistant Chief Counsel for International Law, Legislation and Regu lation, to John Duncan, FAA Flight Standards Service (Aug. 8, 2014); see also Docket No.

FAA

- 2014

- 0352 at 16

- 18

.

9 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 lo cation accessible to the PIC in compliance with the regulations.U.S. Department of Transportation

Ju ly 2 3 , 2015 Page 12

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

airwor thy 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, fli ght 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 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 f or 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 communicate s 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

tra ining 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 flight i nstruction

. 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 Altitu des Over Other Than Congested Areas

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

91.119 (c)

. 10 Section 91.119 prescribes the minimum safe altitudes under which aircraft may not operate, including 500 feet above the s urface 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 nature 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

10 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

fa ilure

. 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

- 2 014

- 0534 ).U.S. Department of Transportation

Ju ly 2 3 , 2015 Page 13

flammable fuel with t he 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 where th e 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 occur 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 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 MTSU '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 MTSU 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 o f 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 ground

- bas ed 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. 11

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

ope rational characteristics

. Moreover, the operating documents req ui re 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 eq ui valent level of safety will be achieved, and a grant of exemption to the req ui rements of § 91.121 is therefore appropriate.

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

MTSU 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:

11 See Grant of Exemption No. 11062 to Astraeus Aerial (FAA

- 2014

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

Ju ly 2 3 , 2015 Page 14

(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 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.

Here, the tec hnological 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 ha s 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

. 12
In Exemption No. 11213 to Aeryon Labs, Inc. 13 , the FAA determined 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 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)

. 14 Petitioner's operating documents impose this same requirement and an exemption from § 91.151(a)'s f

uel req ui rements for flight in VFR conditions is therefore appropriate

.

VI. D RUG AND A LCOHOL P ROGRAM

MTSU 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 illegal o r prescription drug that would impair a person's ability to participate in UAS flight operations safely

.

VII. P UBLIC I NTEREST

The public interest will be served by granting MTSU '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 proposed 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

Admini strator's assessment of whether certain UAS may operate safely in the NAS before completion of the statutorily req ui red rulemaking.

The proposed UAS operations in this Petition for Exemption will also improve safety and reduce risk by alleviating the publ ic's exposure to danger associated with student flight training utilizing full size fixed

- wing aircraft and rotor craft. The UAS MTSU intends to operate are small, battery powered and create no emissions

. Moreover, in the unlikely eve nt that one of Petition er's

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

.

13 Docket No. FAA

- 2014

- 0642.

14 Exemption No. 11213 at pg. 12.U.S. Department of Transportation

Ju ly 2 3 , 2015 Page 15

UAS crash, there is no fuel to ignite and explode

. Any accident involvi ng Petitioner's lightweight

UAS will present significantly less danger to the pilot and other individuals on the ground than one involving a full size helicopter

.

Beyond increa sed levels of safety, t he public stands to benefit enormously from the education, research and community outreach extension programs supported by the proposed operations in this Petition for Exemption

. Whether it i s using UAS to promote environmental

aware ness through MTSU's extension programs, or researching ways for farmers to produce better crops in a more sustainable manner

, the public as a whole will benefit from the information gathered,

studied and disseminated from the proposed operations in this Pe tition for Exemption.

VIII. P RIVACY

The proposed operations will be conducted in accordance with applicable federal, state, or local laws regarding privacy

. MTSU 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 publication 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 performing equivalent flight training and aer ial

data collection using conventional fixed

- wing aircraft or rotorcraft.

X. C ONCLUSION

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 cir cumstances similar in all respects to those presented by MTSU in this Petition for Exemption

. In consideration of the foregoing, MTSU 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

Ju ly 2 3 , 2015 Page 16

Very truly yours,

Mark E. McKinnon

Matthew J. Clark

Counsel for Middle Tennessee State University

AttachmentU.S. Department of Transportation

Ju ly 2 3 , 2015 Page 17

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

commercial informat ion 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 :

 The University UAS Operations Manual