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 28, 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 Regents University of California (hereinafter sometimes referred to as

"UC or "the University of California") 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 aerial data collection and closed-set filming in

support of its education, research and public service mission. Specifically, UC seeks to operate the 

following vehicles: Ascending Technologies (AscTec) Pelican, AscTec Firefly, AscTec 

Hummingbird, Polymer Monocoque Quad-copter, Pulse Aerospace Vapor 55, Topcon Positioning 

Systems Inc. (ICARUS) UAV, 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, DJI 

Matrice 100, 3D Robotics X8, 3D Robotics X8+, 3D Robotics Iris, 3D Robotics Iris+, 3D Robotics 

Solo, 3D Robotics Aero-M, 3D Robotics Quad-C, PrecisionHawk Hawkeye Mk-III, Draganflyer X4-

ES, Draganflyer X4-P, Draganflyer X6, Draganflyer Guardian , Cyber Quad Maxi, Parrot AR.Drone 

2.0, BEA Manta, RnR APV-3 UAS, Boeing Insitu ScanEagle, AggieAir, Procerus Technologies 

Unicorn, ASL Fixed Wing Platform, and the ASL Rotary Wing Platform. UC 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, UC will also submit The University UAS

Operations Manual and separate Motion Picture and Television Operations Manual (MPTOM) for 

closed-set filming operations underseparate cover, to be held in a separate file pursuant to 14 C.F.R.

§ 11.35(b)), as they may contain sensitive security or proprietary information.

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

Re: Petition of the Regents University of California for Summary Grant of Exemption

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

U.S. Department of Transportation

August 28, 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. UC'S PROPOSED UAS OPERATIONS MEET THE REQUIREMENTS OF SECTION 333

OF THE REFORM ACT ..........................................................................................................5

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

Operational Capability.............................................................................................5

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

Operating Documents ............................................................................................12

V. REGULATIONS FROM WHICH EXEMPTION IS SOUGHT....................................................12

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

Requirements .........................................................................................................14

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

Maintenance Inspections........................................................................................14

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.............................................................................................................15

D. 91.7(a): Civil Aircraft Airworthiness....................................................................16

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

(b): Carrying Civil Aircraft Certification and Registration ...................................16

F. 91.103: Preflight Action........................................................................................17

G. 91.109(a): Flight Instruction .................................................................................18

H. 91.119(c): Minimum Safe Altitudes Over Other Than Congested Areas..............18

I. 91.121: Altimeter Settings....................................................................................19

J. 91.151(a): Fuel Requirements for Flight in VFR Conditions................................19

VI. DRUG AND ALCOHOL PROGRAM ......................................................................................20

VII. PUBLIC INTEREST..............................................................................................................20

VIII. PRIVACY ............................................................................................................................20

IX. FEDERAL REGISTER SUMMARY........................................................................................21

X. CONCLUSION .....................................................................................................................21
 

U.S. Department of Transportation

August 28, 2015

Page 3

I. BACKGROUND & DESCRIPTION OF PETITIONER

The University of California opened its doors in 1869 with just 10 faculty members and 38 

students. Today, the UC system comprises 10 research campuses1, 5 medical centers, 1 national 

laboratory, 57 locally based agricultural cooperative research and extension offices around the state 

and more than 756,000 acres in protected natural areas throughout California. UC enrolls more than 

238,000 undergraduate and graduate students and employs more than 190,000 faculty and staff. UC 

offers 150 academic disciplines and 600 graduate degree programs. 

UC’s central mission is to serve society as a center of higher learning, providing long-term 

societal benefits through the discovery and advancement of knowledge. That obligation includes 

undergraduate education, graduate and professional education, research, and public service.

At UC, leading scholars and promising students strive together to expand fundamental 

knowledge of human nature, society, and the natural world. Its basic research programs yield a 

multitude of benefits for California: billions of tax dollars, economic growth through the creation of 

new products, technologies, jobs, companies and even new industries, agricultural productivity, 

advances in health care, improvements in the quality of life. UC's research has been vital in the 

establishment of the Internet and the semiconductor, software and biotechnology industries in 

California, making substantial economic and social contributions to California and the world. 

The University of California’s researchers and students see the huge potential for UAS use. 

Driving this sense of potential for UAS is increasingly sophisticated sensor technology, as well as 

local, regional and global demand for more real-time and finer spatial resolution remote sensing 

products. The potential applications of UAS will be critical to California’s economy and health, and 

could include precision agriculture, climate monitoring, natural hazard mitigation, entertainment and 

aerospace. The ability to train the state’s workforce to explore, improve and use UAS technology is 

consonant with UC’s mission. For these reasons, the University of California seeks an exemption for 

commercial operations of small UAS for the purpose of conducting aerial data collection and closedset filming in support of UC’s research, education and public service mission. 

In accordance with 14 C.F.R. § 11.81(a), UC provides the following information in support

of its Petition for Exemption. 

The contact information for Petitioner is as follows:

Ellen R. Auriti

Senior Counsel

University of California 

Office of the General Counsel

1111 Franklin Street

 

1

The 10 campuses include: UC Berkeley, UC Davis, UC Irvine, UCLA, UC Merced, UC 

Riverside, UC San Diego, UC San Francisco, UC Santa Barbara, and UC Santa Cruz. 
 

U.S. Department of Transportation

August 28, 2015

Page 4

Oakland, CA 94607

Phone: (510) 987-9429

Fax: (510) 987-9757

Email: Ellen.Auriti@ucop.edu

II. DESCRIPTION OF PROPOSED OPERATION

UC 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 its research, education and public 

service mission. By way of example, education, research, and public service programssupported by

the proposed UAS operations, include, but are not limited to: aerial surveying and remote sensing 

applications, aerial photography and videography, aeronautical and avionics research and 

development,sensor research and development, UAS flight instruction, precision agriculture, mobile 

communications research, forestry mapping and management activities, wildlife conservation 

activities, environmental and atmospheric monitoring, natural resource management/exploration,

ecological studies, archeological surveys and exploration, water resource studies, photogrammetry, 

and geographical mapping applications. Aerial data collection by Petitioner's UAS will also be used 

by UC facility management to monitor and inspect UC buildings and infrastructure. Finally, UC will 

conduct closed-set filming operations using UAS to promote and market UC, as well as support 

student recreational and sport activities. 

All of the UAS platforms UC intends to use have 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 which meet the requirements of Section 333 of the Reform Act.

The FAA has issued UC several Certificate of Waiver or Authorizations (COAs) for a variety 

of research activities. UC is committed to maintaining the higheststandards of flightsafety, and will

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

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

with the accompanying UC operating documents, and in accordance with the requirements of any 

applicable COA. Among other things, and as detailed in the operating documents, unless specific 

authorization is granted by the FAA or applicable authorities, 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 Rule (VFR) conditions. Moreover, UC'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. 12104 to Franklin W. Olin College of Engineering to conduct research on 

its own behalf and on behalf of other research groups (Docket No. FAA-2015-0946);

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

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

U.S. Department of Transportation

August 28, 2015

Page 5

 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 UC in this Petition for Exemption fall squarely

within the category of aerial data collection that has been subject to previous 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." 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 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 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. UC'S PROPOSED UAS OPERATIONS MEET THE REQUIREMENTS OF SECTION 333 OF

THE REFORM ACT

UC'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 

UC 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 
 

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August 28, 2015

Page 6

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+, 3D Robotics Solo, 3D Robotics 

Aero-M, PrecisionHawk Hawkeye Mk-III, Draganflyer X4-ES, Draganflyer X4-P, Draganflyer X6, 

Draganflyer Guardian, CyberQuad Maxi and the Pulse Aerospace VAPOR 55. See e.g.,

 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; 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.; 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.; Exemption No. 11306A to Hawk Aerial, LLC 

 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 Wings S800: Exemption No. 11756 to C.H. Fenstermaker & Associates, 

LLC; Exemption No. 11584 to UAS Professionals Inc.; Exemption No. 11468 to United 

Dynamics AT Technologies Corp.; Exemption No. 11788 to Birds Eye Aerial 

Photography Inc.; Exemption No. 11606 to Aerial Appeal

 DJI Spreading Wings S900: Exemption No. 11710 to Fly Low Aero, LLC; Exemption 

No. 11714 to Sky Scape Industries LLC; Exemption No. 11697 to Andrew Dunn; 

Exemption No. 11667 to iFly Media Productions; Exemption No. 11598 to Midstream 

Integrity Services
 

U.S. Department of Transportation

August 28, 2015

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 DJI Spreading Wings S1000: Exemption No. 11731 to D&C Inspection Services, Inc.; 

Exemption No. 11732 to Terraplance, LLC; Exemption No. 11733 to The Visual Arts 

Group, LLC; Exemption No. 11694 to Accupoint, Inc.; Exemption No. 11633 to 

Principia Inc.; Exemption No. 11318 to MicroDrone Vision Inc.

 DJI Spreading Wings S1000+: Exemption No. 11777 to SkyGizmo; Exemption No. 

11778 to Cloud9Drones; Exemption No. 11659 to Fovea Aero Systems 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

 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

 3D Robotics Aero-M: Exemption No. 11626 to Olsson Associates; Exemption No. 11617 to 

Aerial Precision Survey; Exemption No. 12012 to ArgenTech Solutions, Inc. 

 PrecisionHawk Hawkeye Mk-III: Exemption No. 11345 to PrecisionHawk, Inc; 

Exemption No. 11508 to GSC Surveying, Inc.

 Draganflyer X4-ES: Exemption No. 11557 to HAZON Solutions LLC; Exemption No. 

11424 to AgScan, Inc.; Exemption No. 11281 to Draganfly Innovations, Inc.

 Draganflyer X4-P: Exemption No. 11774 to Ramaker & Associates; Exemption No. 11281 

to Draganfly Innovations, Inc.

 Draganflyer X6: Exemption No. 11281 to Draganfly Innovations, Inc.

 Draganflyer Guardian: Exemption No. 11281 to Draganfly Innovations, Inc.

 CyberQuad Maxi: Exemption No. 12068 to UA TacSolutions, LLC

 Pulse Aerospace Vapor 55: Exemption No. 11241A to Phoenix Air UNMANNED, LLC; 

and Exemption No. 11238A to San Diego Gas & Electric Company
 

U.S. Department of Transportation

August 28, 2015

Page 8

In addition to the above referenced vehicles that the FAA has already approved, UC also 

seeks to operate the following vehicles which also meet the requirements of Section 333 of the 

Reform Act due to their weight, speed and operational capabilities, and would therefore serve as 

suitable platforms for performing aerial data collection and closed-set filming:

 Boeing Insitu ScanEagle: The ScanEagle is a small ultralight, slow-flying fixed-wing UAS 

with a 10.2 foot wingspan and overall length of 5.6 feet. Its normal takeoff gross weight is 

only 40 pounds, with a 7.5 pound max payload weight. Its cruise speed is 50-60 knots, and 

its maximum airspeed is 80 knots. The ScanEagle is powered by a gas or heavy fuel engine 

and carries up to 12 pounds of either 50:1 gas/oil mixture (STH oil) or JP5 depending on 

engine type. It has an endurance of up to 24 hours, depending on operating conditions. The

ScanEagle is catapult launched, does not require a runway or airport facilities for recovery, 

and is very tolerant of adverse temperatures, winds, and light to moderate precipitation.

ScanEagle relies on very reliable and mature flight control systems and avionics software 

that enable autonomous flight operation, which can be dynamically re-tasked by the vehicle 

operator. The vehicle uses a command and control frequency of ranging from 900 to 1300 

MHz depending on models and relies on GPS for positioning and in-flight navigations. In the 

unlikely event that the command and control link is lost, the ultralight unmanned vehicle is

pre-programmable with a complex flight plan that could include reversing its direction of 

flight to regain the signal and, should no signal be present, fly to a pre-programmed point for

recovery.

 AggieAir: The AggieAir is a fixed-wing UAS designed by YangQuan Chen’s group at Utah 

State University to collect environmental data for scientific applications and natural 

resources management problems. In addition to being successful in delivering scientific data, 

AggieAir has also had success in processing those data to deliver meaningful, actionable 

information to end users. Precision agriculture, tracking of invasive wetlands plant species, 

and monitoring of in-stream fish habitat are a few examples of these successful applications.

The AggieAir system comprises three sub-systems: the aircraft, the sensor payload, and the 

ground station. The aircraft is a flying wing made entirely of a high density EPP foam. The 

aircraft weighs approximately 8 pounds and has a maximum takeoff weight of 17 pounds. It 

has a 72 inch wingspan, operates at a nominal airspeed of approximately 26 knots and has a 

maximum flight time of approximately 1 hour. The aircraft is propelled using an electric 

brushless motor (in a pusher configuration) and can roll and pitch by means of two elevons 

controlled by electric servos. The aircraft is completely autonomous and navigates according 

to a pre-programmed flight plan. This flight plan can easily be designed to send the aircraft 

over an area of interest to capture using the on-board sensor payload system. The Ground 

Control Station (GCS) uses a wireless connection to monitor the flight and transmit highlevel commands to the aircraft, which in turn sends flight information (location, speed, etc.) 

back to the GCS. A Safety Pilot is also included in the GCS. At any point, the Safety Pilot 

can take manual control of the aircraft to, for instance, avoid collision with other aircraft.

 BEA Manta: The BEA Manta is a fiberglass, fixed-wing UAS with a length of 74.8 inches 

height of 27 inches , and a total wingspan of 105 inches. With its max takeoff weight of 51.8 

pounds, the vehicle can cruise between 38 and 70 knots, but has a maximum endurance 
 

U.S. Department of Transportation

August 28, 2015

Page 9

airspeed of 38 knots. It is powered by 2-stroke reciprocating gasoline engine, fueled by 7.2 

liters of a 50:1 gasoline/oil mixture. In addition, the Manta has onboard power in the form of 

two BA-5590 Lithium/Sulfur Dioxide batteries. The vehicle uses a command and control 

radio up to 2 watt discrete/frequency agile, military band/ISM Band Radio Modem (TX/RX). 

It is equipped with an ultra-precise differential global positioning system (DGPS) and regular 

GPS for flight planning and control. In the event of engine failure, the Manta can be landed

safely using a pre-programmable flight path. 

 RnR APV-3: The APV-3 UAS is a fiberglass, fixed-wing UAS that measures 72 inches in 

length with a 126 inch wingspan. It has a max takeoff weight of 50 pounds and cruises at 

approximately 40 knots. Payload includes an onboard computer, autopilot, telemetry and RC 

radios, Wi-Fi antenna, RC antenna, and camera. The vehicle runs on an electric motor 

powered by two lithium polymer batteries, giving it a flight duration of 30 minutes. It uses a 

command and control frequency of 2.4 GHz for radio control and 900 MHz for telemetry. 

Failsafe features include the ability to bypass autopilot for complete manual override if the 

autopilot malfunctions and becomes inoperable. In the event of complete loss of 

communication, the vehicle will circle and then return to landing within 30 seconds.

 Polymer Monocoque Quadcopter: This vehicle is a small quadcopter with 4 carbon fiber 

rotors measuring approximately 39 inches. The vehicle has a max takeoff weight of 6.6 

pounds with a payload of up to 5 pounds, and has a max air speed of approximately 22 knots. 

It is powered by an 900 mAh electric battery, giving it a flight endurance of 20 minutes. The 

vehicle uses a command and control frequency of 2.4 GHz and is equipped with a GPS 

system for position holding and flight planning. In the event of a loss of GPS signal, the 

vehicle will automatically land; In the event of a lost link between pilot and vehicle, or a low 

battery, the vehicle will automatically return to a pre-programmed location and land.

 DJI Matrice 100: The DJI Matrice 100 is a small quadcopter with an overall length of 25 

inches . Its normal takeoff weight is 6.6 pounds with a payload of approximately 2 pounds. 

Its cruise speed is 26 knots, with a maximum airspeed of 40 knots. The Matrice 100 is 

powered by a 5800 mAh battery, and has a flight endurance of 30 minutes. The vehicle uses 

a command and control frequency of 2.4 GHz. It is equipped with an enhanced GPS system 

for more accurate position holding and flight planning. Safety features include a return to 

home function if communications is lost but GPS remains, as well as an immediate hoverand-land function if all control and navigation is lost. 

 Topcon Positioning Systems ICARUS UAV: The ICARUS UAV is a small, Yconfiguration hexacopter with an approximately 78 inch wingspan and an overall length of 

70 inches. It has a maximum take-off weight of 14.3 pounds, including a 2.2 pound camera 

payload. The vehicle has a max airspeed of approximately 32 knots. The ICARUS is 

powered by a lithium-ion battery pack, and includes an imaging sensor and stabilizing 

gimbal. The vehicle uses a command and control frequency of 2.4 GHz. In the event of a 

communications loss between the pilot controller and the vehicle, the vehicle will put itself 

into safe mode and go into multi-rotor mode and begin a controlled vertical decent 

performing a safe landing. 
 

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 Parrot AR.Drone 2.0: The Parrot AR.Drone 2.0 is a small, battery-powered quadcopter 

made of lightweight plastic, composites, and foam. The vehicle is approximately 18 x 18 x 1 

inches and weighs a little over 1 pound, including maximum payload. Maximum airspeed for 

the vehicle is approximately 10 knots, with a range of less than 170 feet and a flight duration 

of 12 minutes. The vehicle is controlled via smartphone-based controller, operating at Wi-Fi

frequencies (1.9-2.4 GHz). It can be equipped with an optional GPS device that will return 

the aircraft to its starting point in the event of a lost communications link. Without the GPS 

device, a lost link will cause the drone to hover at its current position, unless the drone is at 

an altitude of more than approximately 20 feet, in which case it will reduce its altitude to that 

height and then hover.

 AscTec Hummingbird: The AscTec Hummingbird is a small, battery-powered quadcopter 

measuring approximately 21 x 21 x 34 inches. It has a maximum takeoff weight of 

approximately 1.5 pounds, with a maximum payload of less than 0.5 pounds. Maximum 

airspeed for the vehicle is approximately 30 knots, with a max climb rate of 16 feet/second, 

and a max thrust of 20 N. The Hummingbird comes equipped with an advanced XBee link 

wireless communication system that operates at 2.4 GHz, with an optional Wi-Fi link. The 

Hummingbird can be operated under computer control (GPS and altimeter located), and 

manual control. In the event of a lost link or other communication malfunction, the vehicle 

can perform a direct landing or fly to a pre-programmed point for recovery.

 AscTec Pelican: This small, lightweight battery powered quadcopter measures

approximately 26 x 26 x 7 inches and has a maximum gross takeoff weight of 3.6 pounds . 

The maximum airspeed of the vehicle is approximately 31 knots and it has a maximum flight 

time of approximately 16 minutes with a full payload. The Pelican operates on a command 

and control frequency of 2.4 GHz. The FAA has previously approved other AscTec models, 

including the Falcon 8. See e.g., Exemption No. 11277 to Advanced Aerial Inspection 

Resources; Exemption No. 11268 to HURVData LLC; Exemption No. 11208 to Sky-Futures

USA, Inc. 

 AscTec Firefly: The Firefly is a small, lightweight hexacopter measuring 24 x 26 x 6.5 

inches with a maximum take-off weight of 3.5 pounds and a maximum payload of 1.3 

pounds. The vehicle has a maximum airspeed of approximately 30 knots, and has six 100 W 

motors powered by a lithium-ion battery pack, with a flight duration of 14 minutes. It uses a 

command and control frequency of 2.4 GHz, and is equipped with a 1.6 GHz processor and 

GPS system for positioning and in-flight navigations. In the event of a lost link or other 

communication malfunction, the Firefly has three built-in emergency modes that can be preselected before flight operations. These include direct landing and return to home functions, 

wherein the vehicle will follow a path to a pre-determined location and land. As noted above, 

the FAA has approved other AscTec Models, including the Falcon 8.

 Procerus Technologies Unicorn: The Unicorn is a small battery powered fixed-wing 

aircraft made of EPP foam that provides a robust platform for training, practice integration 

and tuning, software algorithm development, and integration of various payloads and 

sensors. It has a wingspan of 40-72 inches and weighs 2.5-5.5 pounds, including payload. 
 

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The aircraft operates on a control frequency of 2.4 Ghz, operates at a speed of 25-60 mph, 

and has a flight endurance of 30-60 minutes, depending on operating conditions and battery 

configuration. The Unicorn uses a Lockheed Martin Kestrel Autopilot system that allows for 

safe navigation, including semi-autonomous guidance and landing modes.

 ASL Fixed Wing Platform: The ASL Fixed Wing Platform is a small R/C electric aircraft 

that is very similar in size and capability to the 3D Robotics Aero Platform. The aircraft has

the following characteristics: 4-6 foot wingspan and a length of 3-4 foot, made of EPO 

foam, maximum take-off weight of 5-10 pounds, max speed of 41 knots and a cruise speed 

of 30 knots, a 40 minute endurance, and an electric power plant. Payload is 2-5 pounds, and 

it uses a standard 2.4Ghz R/C controller and 900MHz for telemetry. The aircraft relies on 

GPS and fused inertials for position and attitude estimation, and has varying capabilities for 

autonomous flight. The aircraft also features redundant safety systems for pilot control, 

including autonomous capabilities for safe return of the aircraft in the case of component or 

communications failures.

 ASL Rotary Wing Platform: The ASL Rotary Wing Platform is a small R/C electric 

quadrotor that is very similar in size and capability to the DJI Phantom 2. The quadrotor has 

the following characteristics: 2-3 foot diameter, made of lasercut MDF and carbon fiber 

rods, maximum take-off weight of 2-5 pounds, max speed of 19 knots and a cruise speed of 8

knots, a 20 minute endurance, and an electric power plant. Payload is 0.5-2 pounds, and it

uses a standard 2.4Ghz R/C controller and 900MHz for telemetry. The aircraft relies on GPS 

and fused inertials for position and attitude estimation, and it has varying capabilities for 

autonomous flight. Similar to the ASL Fixed Wing Platform, the aircraft also features

redundant safety systems for pilot control, including autonomous capabilities for safe return 

of the aircraft in the case of component or communications failures.

 3D Robotics Quad-C. The 3D Robotics Quad-C is a small battery powered multi-rotor UAS 

configured in a quad formation similar to the 3D Robotics Iris series. The vehicle weighs 

significantly less than 55 lbs, including payload and operates at a speed of less than 87 knots. 

The Quad-C operates on a control frequency of 2.4 GHz and is equipped with ArduCopter2

firmware which will allow the aircraft to safely return to its launch location in the event of an 

in-flight failure/discrepancy. 

The following shared characteristics of the AscTec Pelican, AscTec Firefly, AscTec 

Hummingbird, Polymer Monocoque Quad-copter, Pulse Aerospace Vapor 55, Topcon Positioning 

Systems Inc. (ICARUS) UAV, 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, DJI 

Matrice 100, 3D Robotics X8, 3D Robotics X8+, 3D Robotics Iris, 3D Robotics Iris+, 3D Robotics 

Solo, Draganflyer X4-ES, Draganflyer X4-P, Draganflyer X6, Draganflyer Guardian , AggieAir, , 

 

2

The ArduCopter firmware is used on several 3D Robotics platforms previously approved by the 

FAA, including the 3D Robotics Iris/Iris+ and 3D Robotics X8/X8+. 
 

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Page 12

Parrot AR.Drone 2.0, BEA Manta, RnR APV-3 UAS, Boeing Insitu ScanEagle, ASL Fixed Wing 

Platform, and the ASL Rotary Wing Platform 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 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 pre-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 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 UC's

Operating Documents

The University UAS Operations Manual, MPTOM, 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 UC's proposed UAS operations, UC 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 UC 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.3

UC 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:

 

3

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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Listed below are the specific sections of 14 C.F.R. for which an exemption issought, 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.4

 

4

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.

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
 

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

Requirements

UC 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

practicable."5 All UAS flown by UC will bear N-number markingsthat are as large as practicable in

accordance with 14 C.F.R. Part 45, Subpart C.6 

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

Inspections

UC 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 43.7 An exemption from these

 

5

FAA Docket No. FAA-2014-0352.

6

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

7

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 15

regulationsis 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, asrequired by the operating documents, the 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 flight-critical

components. Asrequired by the operating documents, the PIC who conductsthe 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 proceduresrequired 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

UC 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 second

class medical certificate. The purpose of Part 61 is to ensure that the skill and competency of any

PIC matchesthe airspace in which the PIC will be operating, as well asrequiring certificationsif 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 Aerial8, 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

 

8

FAA Docket No. FAA-2014-0352.
 

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(DHS), the FAA determined that holders of recreational and sport pilot certificates would be

qualified to serve as the PIC for UAS operations.9 

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

similarly imposed on Astraeus Aerial and other operatorsin more recently granted exemptions under

Section 333 of the FAA Reform Act. UC will operate away from persons and property that is not the

subject matter of the flight. UC 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/training in the specific make and model

used for the operations before they are permitted to participate in commercial flights on behalf of

UC. The pilot qualification, training, and currency requirements in the operating documents ensure

that UC's pilots are competent and proficient in the UAS they are operating. The Petitioner'straining

and qualification requirements 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 equivalent level of safety.

D. 91.7(a): Civil Aircraft Airworthiness

Inasmuch as there will be no airworthiness certificate issued for the UAS, UC 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 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 isin 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):

 

9

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

8-9).
 

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(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.10 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.11 

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 FAAapproved Flight Manual on board the aircraft. While the PIC will be familiar with all information

necessary to safely conduct the flight, an exemption isrequested 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

 

10 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. 

11 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 18

procedures. The PIC will also be required to review weather, flight requirements, 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 for

flight instruction unlessthat aircraft hasfully 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 UAS flight instruction can be performed safely.

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

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

91.119(c).

12 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 AGL. Additionally, due to the nature of the proposed operations, the PIC and/or

Observers may need to be lessthan 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 to manned

aircraft, unless specific authorization is granted by the FAA or applicable authorities, flight

 

12 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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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 orstructures unlessthe 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 restrictionsin

UC'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 UC 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 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

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.13

The UAS that Petitioner intendsto 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 ofsafety 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

UC 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 –

(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.

 

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

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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.

14

In Exemption No. 11213 to Aeryon Labs, Inc.15, 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). Petitioner's operating documentsimpose thissame requirement and an exemption from §

91.151(a)'s fuel requirements for flight in VFR conditions is therefore appropriate. 

VI. DRUG AND ALCOHOL PROGRAM

UC will have procedures in place prohibiting persons from participating in UAS flight

operations on behalf of UC if they are under the influence of alcohol or any drug. 

VII. PUBLIC INTEREST

The public interest will be served by granting UC'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 of safety, the public stands to benefit enormously from the

education, research and public service programs supported by the proposed operations in this

Petition for Exemption. Whether it is using UAS to monitor and map endangered species, or research 

better ways to grow crops and conserve natural resources, the public as a whole will benefit from the

information gathered and studied as part of the education and research programs supported by UC's

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. UC will not conduct flight operations over property that it does not

own or control without the prior consent and knowledge of the property owner/controller or 

authorized representative. 

 

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

15 Docket No. FAA-2014-0642.
 

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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 and closed-set filming in support of university education, public 

service 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 UC in this Petition for Exemption. In consideration of the

foregoing, UC 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 fortheRegents University of California

Attachments
 

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Page 22

(The following attached items will be submitted under separate cover and should be held in a

separate file pursuant to 14 C.F.R. § 11.35(b)), as they may contain sensitive security or proprietary 

information.

Attachments:

 The University UAS Operations Manual

 Motion Picture and Television Operations Manual