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

August 6, 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, the University of Michigan (hereinafter sometimes referred to as "U-M,”

"University" or "Michigan") 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 conducting aerial data collection in support of its research 

and educational endeavors. U-M 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, U-M will also submit The University UAS

Operations Manual, as well as Data Packages for several proprietary/custom vehicles that U-M 

intends to operate. U-M submits these materials as a confidential document under separate cover

pursuant to 14 C.F.R. § 11.35(b), as the material contains confidential commercial and proprietary

information that U-M has not and will not share with others. The information contained in the

material 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 the University of Michigan for Summary Grant of Exemption Pursuant to

Section 333 of the FAA Modernization and Reform Act of 2012
 

U.S. Department of Transportation

August 6, 2015

Page 2

For your convenience, this Petition is organized as follows:

TABLE OF CONTENTS

PAGE

I. BACKGROUND & DESCRIPTION OF PETITIONER................................................................3

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

III. RELEVANT STATUTORY AUTHORITY .................................................................................5

IV. U-M'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 U-M's 

Operating Documents ..............................................................................................8

V. REGULATIONS FROM WHICH EXEMPTION IS SOUGHT......................................................9

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

Requirements .........................................................................................................10

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

Maintenance Inspections........................................................................................11

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

D. 91.7(a): Civil Aircraft Airworthiness....................................................................12

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

(b): Carrying Civil Aircraft Certification and Registration ...................................13

F. 91.103: Preflight Action........................................................................................14

G. 91.109(a): Flight Instruction .................................................................................14

H. 91.119(c): Minimum Safe Altitudes Over Other Than Congested Areas..............14

I. 91.121: Altimeter Settings....................................................................................15

J. 91.151(a): Fuel Requirements for Flight in VFR Conditions................................16

VI. DRUG AND ALCOHOL PROGRAM ......................................................................................17

VII. PUBLIC INTEREST..............................................................................................................17

VIII. PRIVACY ............................................................................................................................17

IX. FEDERAL REGISTER SUMMARY........................................................................................17

X. CONCLUSION .....................................................................................................................17
 

U.S. Department of Transportation

August 6, 2015

Page 3

I. BACKGROUND & DESCRIPTION OF PETITIONER

The University of Michigan was founded in 1817 as one of the first public universities in the 

nation. It was initially established on 1,920 acres of land ceded by the Ojibwe (Chippewa), Odawa 

(Ottawa), and Bodewadmi (Potawatomi) People of the Three Fires “for a college at Detroit.” The 

school moved from Detroit to Ann Arbor in 1837. Today, the University of Michigan remains one of 

the most distinguished institutions in the world and a leader in higher education. It is one of a small 

number of public universities consistently ranked among the nation’s and the world’s best. It 

regularly is in the top three of the country’s public universities, with over 61,000 students and 5,600 

faculty at three campuses—Ann Arbor, Dearborn and Flint. 

At Ann Arbor, the University of Michigan boasts access to computer technology that meets 

or exceeds that of any higher education campus in the world. Over 43,600 students choose among 

more than 7,400 courses in over 260 undergraduate majors and approximately 650 degree programs, 

including 101 Top 10-ranked graduate programs. The campus hosts more than 1,400 student clubs 

and organizations, a dozen galleries and museums, and 40 libraries and special collections with more 

than 13.2 million volumes. Concerts, recitals, expert speakers, symposia, films and readings are daily 

occurrences. University of Michigan students come from all 50 states and Puerto Rico, Guam and 

the Northern Mariana Islands. U-M enrolls international students from 121 countries, from 

Azerbaijan to Zimbabwe. 

Michigan’s teaching and research personnel constitute one of the top five higher education 

faculties in the country. Their numbers include distinguished world authorities, Pulitzer Prize 

winners, MacArthur Fellows, internationally acclaimed performing artists and composers, bestselling novelists, artists and filmmakers. Michigan has more than 500 named endowed chairs.

With more than $1.3 billion in research expenditures, the University of Michigan research 

enterprise is the largest among U.S. public universities. As one of the most substantial and broadly 

based academic research enterprises in the world, U-M stands at the forefront of efforts to address a 

wide range of grand challenges and develop solutions for the critical issues facing society. This 

research enterprise provides a rich intellectual and educational environment that inspires students, 

faculty and researchers far beyond campus borders.

The College of Engineering, home of the first and one of the most highly ranked aerospace 

departments in American higher education, provides a substantial portion of these teaching and 

research efforts. The College maintains Top 10 rankingsin nearly every undergraduate and graduate 

engineering program and currently stands at number 6 overall. 

In this vein, UAS technologies provide an extraordinary landscape for research and 

education. The wide-ranging applications and implications of UAS technologies provide a rich 

environment for intellectual inquiry and exploration. The University's ability to efficiently and 

effectively operate UAS at low altitudes is critical to exploring this field in meaningful ways. The 

University of Michigan is positioned to make substantial contributions to UAS exploration and 

knowledge, and UAS technologies will provide substantial enhancements to our thriving teaching 
 

U.S. Department of Transportation

August 6, 2015

Page 4

and learning environment. To proceed, the University of Michigan seeks an exception for operation 

of small UAS in the context of its research and educational endeavors.

In accordance with 14 C.F.R. § 11.81(a), U-M providesthe following information in support

of its Petition for Exemption. 

The contact information for Petitioner is as follows:

Michael A. Drake

Senior Director, Government, Corporate and Foundation Relations

University of Michigan College of Engineering

1002 Lurie Engineering Center

1221 Beal Ave.

Ann Arbor, MI 48109

Phone: (734) 647-7044

Email: madrake@umich.edu

II. DESCRIPTION OF PROPOSED OPERATION

U-M seeks an exemption pursuant to Section 333 of the Reform Act to use a number of

different UAS platforms for aerial data collection in support of a broad range of educational and 

research endeavors, including classroom activities and student learning. By way of example,

education and research programs supported by the proposed UAS operations, include, but are not

limited to: aeronautical and avionics research and development, student instruction on the operation 

of UAS and their associated systems, environmental monitoring, natural resource 

management/exploration, geographical mapping applications, photogrammetry, water resource 

studies, thermal imagery to locate and census study organisms, precision agriculture and vegetation 

mapping, wildlife/forestry monitoring, biological studies, and telecommunications research and 

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

U-M, as well as support student recreational and sport activities. 

All of the UAS platforms U-M intendsto use have either already been approved by the FAA 

in previously granted exemptions, or otherwise exhibit the same characteristics in terms of their 

weight, speed and operational capabilities, all of which meet the requirements of Section 333 of the 

Reform Act.

U-M is committed to maintaining the highest standards of flight safety. All UAS operations

will be performed in accordance with the accompanying U-M 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, unless specific 

authorization is granted by the FAA or applicable authorities, within visual line-of-sight (VLOS) of

the pilot and visual observer, and will be limited to daytime Visual Flight Rules (VFR) conditions. 

Moreover, U-M's operating documents incorporate redundant safeguards to enhance safety.
 

U.S. Department of Transportation

August 6, 2015

Page 5

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. 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 curriculum (Docket No. FAA-2014-0732).

The low-risk UAS operations proposed by U-M in this Petition for Exemption fall squarely

within the category of aerial data collection that has previously received FAA approval. 

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" (NAS). Pursuant to Section 333 of the Reform

Act, the FAA Administrator isto permit unmanned aircraftsystemsto 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;

 Degree of 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 exemptionsfrom §§ 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 either not adversely affect safety, or provide a

level of safety at least equal to the existing rules. See 14 C.F.R. § 11.81 (petitions for exemption).
 

U.S. Department of Transportation

August 6, 2015

Page 6

IV. U-M'S PROPOSED UAS OPERATIONS MEET THE REQUIREMENTS OF SECTION 333 OF

THE REFORM ACT

U-M'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 the following vehicles chosen by

U-M meet the requirements of Section 333 of the Reform Act due to their weight, speed and

operational capabilities: DJI Phantom 1, DJI Phantom 2, DJI Phantom 2 Vision, DJI Phantom 2 

Vision+, DJI Phantom 3, DJI F550 FlameWheel, DJI Inspire 1, DJI Spreading Wing series, 3D 

Robotics Iris, 3D Robotics Iris+, 3D Robotics X8, 3D Robotics X8+, and the 3D Robotics Solo. 

These FAA determinations are set forth in the following grants of exemption:

 DJI Phantom 1: Exemption No. 11577 to HAZON Solutions, LLC; Exemption No. 11650 

to Trinity Aeroimaging; and Exemption No. 11318 to MicroDrone Vision, Inc.

 DJI Phantom 2: Exemption No. 11315 to The Climate Corporation and Precision Planting, 

LLC; Exemption No. 11784 to Precision Unmanned Aerial LLC; Exemption No. 11785 to 

CinemaCapture Videography; Exemption No. 11786 to Tabitha Femmer; Exemption No. 

11767 to Brett Baker; and Exemption No. 11770 to Crosstimbers Video Partners LLC

 DJI Phantom 2 Vision: Exemption No. 11768 to Copper City Aviation Services LLC; 

Exemption No. 11267 to ETAK Systems Inc.; Exemption No. 11310 to Colin Hinkle; 

Exemption No. 11624 to Vertical Information Services Inc.; and Exemption No. 11556 to 

Sydor Aerial Photography, LLC

 DJI Phantom 2 Vision+: Exemption No. 11224 to NextEra Energy, Inc.; Exemption No. 

11230 to Montico, Inc.; Exemption No. 11228 to Steven Zeets; Exemption No. 11218 to 

Saratoga Aerial Vehicle; and Exemption No. 11215 to Mike Johnson

 DJI Phantom 3: Exemption No. 11783 to Precision Design and Drafting, Inc.; Exemption 

No. 11788 to Birds Eye Aerial Photography, Inc.; Exemption No. 11696 to Midwest UAV 

Imagining; Exemption No. 11335A to Voler, Inc.; Exemption No. 11267A to ETAK 

Systems, Inc.; and Exemption No. 11306A to Hawk Aerial, LLC 

 3D Robotics Iris: Exemption No. 11521 to SkyWard IO, Inc.

 3D Robotics Iris+: Exemption No. 11273 to AIG PC Global Services, Inc.; Exemption No. 

1141 to Douglas R. Dorrer; and Exemption No. 11204 to Build Imagery, LLC
 

U.S. Department of Transportation

August 6, 2015

Page 7

 3D Robotics X8: Exemption No. 11521 to SkyWard IO, Inc.; Exemption No. 11446 to 

Trumbull Unmanned, LLC; and Exemption No. 11335 to Voler, Inc.

 3D Robotics X8+: Exemption No. 11626 to Olssson Associates; Exemption No. 11617 to 

Aerial Precision Survey

 3D Robotics Solo: Exemption No. 11778A to Cloud9Drones

 DJI F550 FlameWheel: Exemption No. 11397 to Colorado Cartographics; Exemption No. 

11312 to Southgate Films Inc.; Exemption No. 11430 to Aerial Optics; Exemption No. 

11378 to Shanon Kern; and Exemption No. 11318 to Micro Drone Vision, Inc.

 DJI Inspire 1: Exemption No. 11254 to Upward Aerial; Exemption No. 11659 to Fovea 

Aero Systems; Exemption No. 11668 to Sky-Forge Robotics LLC

 DJI Spreading Wing series1: Exemption No. 11804 to Orbic Air, LLC

In addition to the above-referenced vehicles that the FAA has already approved and found 

suitable for aerial data collection, U-M also seeks to operate the following commercial-off-the-shelf 

and/or proprietary design vehicles identified in Table 1 below:

 

1

The DJI Spreading Wing series is composed of the S1000+, S1000, S900 and S800 Evo. 

Name Type Dimensions Composition MTOW

Max 

Flight 

Time 

(Mins)

Control 

Frequency

Max 

Airspeed

GPS 

Lostlink /

RTH

Ascending 

Technologies, 

Hummingbird

Multicopter/ 

helicopter

540 x 540 x 

85.5 mm Plastic 200 g 20 2.4 GHz 15 m/s Yes

Skyspecs 

Model X1 

Quadrotor

Multicopter/ 

helicopter

2' diameter, 

1' height Carbon Fiber 7 lbs 15 2.4 GHz

3 m/s 

(mission 

speed)

Yes

Autonomous 

Aerospace 

Systems Lab 

(A2SYS) 

Model X1

Fixed-wing

1.77 m 

wingspan, 

1.75 m 

length

Reinforced 

Plywood and 

Balsa 

Construction

8 kg 16 2.4 GHz 25 m/s 

(cruise) Yes

Parallax 

ELEV 8V2

Multicopter/ 

helicopter

36" 

(including 

propellers)

Plastic 66.1 oz. 13 PWM > 50 

Hz 5-8 mph No

X-HALE Fixed-wing 6 m 

wingspan

Fiberglass 

and Foam 25 lbs 20 2.4 GHz

12-20 

m/s 

(cruise)

Yes

Lumenier 

QAV250

Multicopter/ 

helicopter

250 mm x 

250 mm Carbon Fiber 550 g 6 2.4 GHz 5 m/s Yes
 

U.S. Department of Transportation

August 6, 2015

Page 8

The UAS identified in Table 1 all meet the requirements of Section 333 of the Reform Act 

due to their weight, speed and operational capabilities. Their airframes, including all components 

used to complete them, are either commercially available to the general public, or are otherwise in 

compliance with the requirements for Section 333 exemption. In addition, all configurations of these 

components follow standard, well-established practices.

The FAA has found, or would find, the following shared characteristics of the DJI Phantom 

1, DJI Phantom 2, DJI Phantom 2 Vision, DJI Phantom 2 Vision+, DJI Phantom 3, DJI F550 

FlameWheel, DJI Inspire 1, DJI Spreading Wing series, 3D Robotics Iris, 3D Robotics Iris+, 3D 

Robotics X8, 3D Robotics X8+, and the 3D Robotics Solo, Ascending Technologies, Hummingbird, 

Skyspecs Model X1 Quadrotor, Autonomous Aerospace Systems Lab (A2SYS) Model X1, Parallax 

ELEV 8V2, X-HALE, Lumenier QAV250, Walkera Master CP, Bergen Octocopter, Bergen Quad 8, 

Ascending Technologies Pelican, Parrot AR.Drone 2.0, Pillar Custom, and AeroQuad Cyclone ARF

sufficient to warrant approval for a grant of exemption:

 They all weigh less than 55 pounds, including payload;

 The radio frequencies used for operations and control of all of these 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 U-M's

Operating Documents

The University UAS Operations Manual, U-M's data packages for proprietary vehicles, 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

Walkera 

Master CP

Multicopter/ 

helicopter

444 mm 

length, 462 

mm main 

rotor 

diameter

Plastic 500 g 8 2.4 GHz 5 m/s No

Bergen 

Octocopter

Multicopter/ 

helicopter

36" x 36" x 

18"

Carbon Fiber 

and Plastic 23 lbs 12 2.4 GHz 17 m/s Yes

Bergen Quad 

8

Multicopter/ 

helicopter

36" x 36" x 

18"

Carbon Fiber 

and Plastic 22 lbs 12 2.4 GHz 17 m/s Yes

Ascending 

Technologies 

Pelican

Multicopter/ 

helicopter

651 x 651 x 

188 mm

Plastic, 

Carbon 

Fiber, Wood

1.65 kg 16 2.4 GHz 16 m/s Yes

Parrot 

AR.Drone 2.0

Multicopter/ 

helicopter

500 x 500 

mm

Plastic, Foam 420 g 15 2.4 GHz 5 m/s No

Pillar Custom Multicopter/ 

helicopter 3' Diameter Plastic 5 kg 20 2.4 GHz (variable) 20 mph Yes

AeroQuad 

Cyclone ARF

Multicopter/ 

helicopter

18" x 18" x 

8"

Aluminum, 

Plastic 2.1 lbs 13 900 MHz 10 mph Yes
 

U.S. Department of Transportation

August 6, 2015

Page 9

successfully perform the proposed operations. To expedite the FAA's safety assessment of U-M's

proposed UAS operations, U-M 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 in the context of research and educational activities. 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 U-M to comply with the conditions

and limitations in the FAA's Grant of Exemption to Sinclair Community College. 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 defined under § 40101 of the

Act, which the FAA has interpreted to include UAS, from its safety regulations and minimum

standards when the Administrator decides a requested exemption is in the public interest.2

U-M 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 as set forth 

below:

 

2

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).

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
 

U.S. Department of Transportation

August 6, 2015

Page 10

Listed below are the specific sections of 14 C.F.R. for which an exemption issought, and the

operating procedures and safeguards that U-M has established to ensure a level of safety equal to or 

better than the rules from which exemption is sought.3

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

Requirements

U-M 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 unlessthat aircraft isidentified

in accordance with Part 45 of this chapter.

● 14 C.F.R. § 45.23(b), Markings of the Aircraft, states:

When marksinclude 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 (NNumber) markings in accordance with 14 C.F.R Part 45, Subpart C if the markings are as large as

 

3

This accords with 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.

91.121 Altimeter Settings

91.151(a) Fuel Requirements for Flight in VFR Conditions
 

U.S. Department of Transportation

August 6, 2015

Page 11

practicable."4 All UAS flown by U-M will bear N-number markings that are as large as practicable

in accordance with 14 C.F.R. Part 45, Subpart C.5 

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

Inspections

U-M 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 regulationsspecify

maintenance and inspection standards in reference to 14 C.F.R. Part 43.6 An exemption from these

regulationsis needed because Part 43 and these sections apply only 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, asrequired 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 in a condition

safe for operation. A functional test flight will be conducted following the replacement of any flightcritical 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 U-M’s UAS. As a whole, the

maintenance and inspection proceduresrequired by the University’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

U-M seeks exemption from these sections, which restrict private, recreational or sport pilot

certificate holders from flying aircraft for compensation or hire, and also require 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 PIC will be operating, as well as to require certifications if the

 

4

FAA Docket No. FAA-2014-0352.

5

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

6

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.").
 

U.S. Department of Transportation

August 6, 2015

Page 12

private pilot is carrying passengers or cargo for hire. In this case, while the UAS will be operated as

part of a “commercial operation,” as the FAA Office of Chief Counsel has interpreted that term, it

carries neither passengers nor cargo. 

In the Grant of Exemption No. 11062 to Astraeus Aerial7, 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

second-class medical certificate. The fulfillment of the additional requirementsfor a private pilot to

become qualified as a commercial pilot would not, in the FAA’s estimation, 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.8 

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

restrictions similarly imposed on Astraeus Aerial and other operators in other recently granted

exemptions under Section 333 of the Reform Act. U-M will operate away from persons and property

that is not involved in or relevant to the flight. U-M will also require all PICs to be thoroughly

trained in the unique aspects of UAS flight. Asset forth in the operating documents, UAS pilots will

have experience not only in UAS operations generally but have logged flight time using the specific

make and model used for the operations at issue before they are permitted to participate in

educational or research flights on behalf of U-M. The pilot qualification, training, and currency

requirementsin the operating documents ensure that U-M's UAS pilots are competent and proficient

in the UAS they are operating. The University'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, U-M seeks an

exemption from 14 C.F.R. § 91.7(a), which requiresthat 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 instead determine the UAS isin an

airworthy condition prior to flight. The operating documents contain procedures that allow the PIC

to determine whether the UAS is in a condition safe for flight, and an exemption from § 91.7(a) is

therefore warranted. 

 

7

FAA Docket No. FAA-2014-0352.

8

See Grant of Exemption No. 11213 to Aeryon Labs, Inc. (Docket No. FAA-2014-0642, at 8-9).
 

U.S. Department of Transportation

August 6, 2015

Page 13

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 unlessthe airworthiness certificate required

by paragraph (a) of thissection or a special flight authorization issued under § 91.715

is displayed at the cabin or cockpit entrance so that it islegible 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.9 Asthis 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.10 

 

9 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. 

10 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: 

{footnote continued}
 

U.S. Department of Transportation

August 6, 2015

Page 14

F. 91.103: Preflight Action

U-M 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 complete 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, before initiation of flight, to review weather, flight

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

landing areas. U-M'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

The University 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 intendsto use, an equivalent level ofsafe

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 the University can safely perform any needed UAS flight

instruction.

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

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

 

{continued from previous page}

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.
 

U.S. Department of Transportation

August 6, 2015

Page 15

91.119(c).

11 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, orstructure

in non-congested areas. See 14 C.F.R. § 91.119(c). 

An exemption isrequired because the proposed UAS operations will normally need to occur

below 400 feet above ground level (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 caps on size, weight, and speed of

the UAS, as well the controlled location where the 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 distance of at least 500 feet from nonparticipating persons, unlessthat person isin 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 U-M's operating documents will ensure

that 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 U-M to conduct the proposed operations, the University 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 isset 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

 

11 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). 
 

U.S. Department of Transportation

August 6, 2015

Page 16

operator at a ground-based on-screen display, and (4) prior to each flight, a zero altitude initiation

point is established for the PIC to confirm accuracy of the onboard GPS.12

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

these operational characteristics. Moreover, U-M’s operating documentsrequire the PIC to calibrate

the aircraft's GPS compass prior to each UAS operation. As the FAA has determined in

circumstances similar to this Petition for Exemption, U-M’s UAS and the safety mitigation

procedures contained in the University’s 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

U-M requests an exemption from 14 C.F.R. § 91.151(a)'sfuel requirementsfor 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 –

(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 conditionsin circumstancessimilar to those presented in this Petition for Exemption.

13

In Exemption No. 11213 to Aeryon Labs, Inc.,

14 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 the UAS to operate for the intended operational time plus the 

greater of at least five minutes thereafter, or the reserve power recommended by the manufacturer,

would ensure an equivalent level of safety to the fuel requirements of § 91.151(a). U-M's operating

documentsimpose thissame requirement and an exemption from § 91.151(a)'sfuel requirementsfor

flight in VFR conditions is therefore appropriate. 

 

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

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

14 Docket No. FAA-2014-0642.
 

U.S. Department of Transportation

August 6, 2015

Page 17

VI. DRUG AND ALCOHOL PROGRAM

U-M 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 U-M'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

Administrator's assessment of whether certain UAS may operate safely in the NAS before

completion of the statutorily required rulemaking. 

Beyond increased levels ofsafety, the public standsto benefit enormously from the education

and research programssupported by the proposed operationsin this Petition for Exemption. Whether

the University is using UAS as a platform to advance smart infrastructure capabilities, or developing 

smarter and safer UAS control systems, the public as a whole will benefit from the information

gathered and studied as part of the education and research programs supported by the proposed

operations in this Petition for Exemption. 

VIII. PRIVACY

The proposed operations will be conducted in accordance with applicable federal, state, or

local laws regarding privacy. U-M 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. 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 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 hasissued grants of exemption in circumstancessimilar

in all respects to those presented by U-M in this Petition for Exemption. In consideration of the
 

U.S. Department of Transportation

August 6, 2015

Page 18

foregoing, U-M respectfully submitsthat this Petition for Exemption qualifiesfor 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. 

Very truly yours,

Mark E. McKinnon

Matthew J. Clark

Counsel for the University of Michigan

Attachments
 

U.S. Department of Transportation

August 6, 2015

Page 19

(The following attached items will be submitted underseparate cover asthey contain proprietary and

commercial information 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)).

Attachments:

 The University UAS Operations Manual

 Proprietary Vehicle Data Packages