U.S. Department ofTransportation Docket Management System 1200 New Jersey Ave., SE Washington, DC 20590 December 1, 2015

Re: Petition ofJames Madison University, for an Exemption Pursuantto Section 333 ofthe FAA Modernization and Reform Act of2012
Dear Gentlemen: Pursuant to Section 33 3 ofthe FAA Modernization and Reform Act of2012 ("Reform Act") and 14 C.F.R. Part 11, James Madison University ("JMU") hereby applies for an exemption from the Federal Aviation Regulations (''FARs") identified below, to allow commercialoperation ofsmallunmanned aerial vehicles 

### (i.e., "smallunmanned aircraft" or "UAS") as part ofJames Madison University's UAV Design and Utilization Program. This exemption is made based on information outlined in this Petition for Exemption, as well as the accompanying JMU Parrot AR. Drone User's Manual, Dll Phantom 2 'Vision Plus' User's Manual, DJI Phantom 3 'Professional' UAS Flight Operations Manual, JMU DJI Flamewheel F450 UAS Aircraft Flight Manual (sometimes referred to collectively as "JMU's Ops/Flight Manuals"), Smart Flight Battery Safety Guidelines, Quick Start Guide, and Pilot Training Guide (collectivelyreferred to as "Manufacturer's Manuals"). James Madison University submits these supporting materials as confidential documents'pursuant to 14 C.F.R. § 11.35(b), as the materials contain confidential commercial and proprietary information that James MadisonUniversity has not and will not share with others. Additionally, these documents contain operating conditions and procedures that are not generally available to the public and are protected from release under the Freedom of Information Act, 5 U.S.C. 

### § 552 

### etseq., and any otherrequirements established bythe FAA pursuant to Section 333 ofthe Reform Act.

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-:?U.S. Department ofTransportation December 1, 2015 Page 2 of17

Foryour convenience, this Petition is organized as follows:

L Description ofPetitioner II. Description ofProposed Operations IlL Relevant StatutoryAuthority IV. James Madison University's Proposed UAS Operations Meet the Requirements of Section 333 oftheReform Act 

### A. Approval is Warranted Based onthe UAS's Size, Weight, Speed, and Operational Capability 

### B. Approval is Warranted Based onthe Operational Restrictions Set Forthin the JMU's Ops/Flight Manual V. Regulations From Which Exemption is Sought 

### A. 14 C.F.R Part21, SubpartH- AirworthinessCertificatesand 14 C.F.R. § 91.203 

### B. 14 C.F.R. Part 27 Airworthiness Standards: Normal Category Rotorcraft C. 14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness 

### D. 14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft and 14 C.F.R. § 91.203(a) and (b): Carrying Civil Aircraft Certification and Registration 

### E. 14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a): Aircraft Marking and IdentificationRequirements 

### F. 14 C.F.R. § 91.103: Preflight Action G. 14 C.F.R. § 91.109(a): Flight Instruction 

### H. FAA ORDER 8900.1 16.4.4.1(a) VisualObservers and Other Personnel L 14 C.F.R. § 91.119: Minimum Safe Altitudes J. 14 C.F.R. § 91.121: Altimeter Settings K. 14 C.F.R. § 91.15l(a): Fuel Requirements for Flight in VFR Conditions L. 14 C.F.R. § 91.405(a), 91.407(a)(1), 91.409(a)(l) & (2); 91.417(a) and (b): MaintenanceInspections M. 14 C.F.R. Part 61, 14 C.F.R. § 61.3, 14 C.F.R. § 61.113: Private Pilot Privileges and Limitations VI. Public Interest VII. Privacy VIII. Federal Register Summary IV. Conclusion X. AttachmentsU.S. Department ofTransportation December 1, 2015 Page 3 of17

I. DESCRIPTION OF PETITIONER In 1907, the citizens ofHarrisonburg, a rural city two hours south ofW ashington DC, campaigned vigorously to bring a new Normal School to the region. Their ultimate success gave birth to an institution that would claim a century with innovative, forward-thinking educators and legions ofstudents eager to make the status quo obsolete. In 1908 the Madisonbegan- and it has not stopped or slowed down since The Madison Experience is a powerful and rare combination that prepares students for the dynamic world we inhabit. With 94 percent ofour 20,000 students being undergraduates, JMU combines the best ofresearch-based universities and small liberal arts institutions.
In accordance with 14 C.F.R. § 11.8l(a), James Madison Universityprovides the following information in support ofits Petition for Exemption. The contact information for Petitioner is as follows: Dr. A. Jerry Benson Provost and Senior Vice President James Madison University Alumnae Hall, Room 102 Harrisonburg, VA 22807 Phone: (540) 568-3429 · Email: bensonaj@jmu.edu

II. DESCRIPTION OF PROPOSED OPERATIONS James University intends to establish a UAS Design and Utilization Program that consists of four contributing classes; Physics 486, Industrial Design 490, Learning Technology and Leadership Education 490, and Writing, Rhetoric, and Technical Communications 486. This program will combine aspects ofeach discipline introducing students to the elements ofUAS operations from commercial and non-commercialperspectives, how to match UAS capabilities to community and world needs, as well as, how to fit these operations into the National Air Space System (NAS). All UAS training and instruction activities will occurundertightly controlled conditions onproperty that is more than five miles from any airport and is owned and controlled by James Madison University. Upon completion ofJames Madison University's Program, students will have a foundation ofknowledge.regarding basic UAV construction, operation and capabilities as they relate to the needs and complexities ofend users. This course does 

### notoffera "Certificate of Completion" and in no waypermits or authorizes the student to engage in commercial UAS activities that arenot in accordance with the FARs. In addition, there will be a number offlights associated with the University's need for facilities, grounds, and program management. Inthese instances, use ofUAS aerial surveying, remote sensing, aerial photography, and videography will provide direct input to geographical survey data, environmental protection and pollution abatement efforts, as well as, other interests directly affecting operations (including enrollment efforts) at the University's campuses and outlying properties. All operations ofthis type will involve a PIC specifically trained onthe DJIU.S. Department ofTransportation December 1, 2015 Page 4 of17

Phantom model quadcopters that holds, at least, an FAA Private Pilot License, a Second Class Medical Certificate and who possesses specific training and experience on UA V systems. James Madison Universitywill serve students, federal, state, and local governments, and the aviation industryas a wholebypioneering UAS academic programs, enhancing relationships with government and industry, strengthening UAS :flight operations and training, and collaborating with other academic institutions. This exemptionrequest is anopportunityto not onlyprepare students for aviation and aerospace careers in the UAS industry, but also to collaborate with the FAA to studyand address training and qualification needs specificto the UAS industry. Furthermore, James Madison University will coordinate and continuously update its curriculumto take advantage·ofnew guidance and regulations proposed and implemented by the FAA. James MadisonUniversity is committed to ensuring that its program is not only compliant, but always reflects best practices as UAS integration into theNational Air Space proceeds.
III. RELEVANT STATUTORY AUTHORITY This Petition for Exemption is submitted pursuant to Section 333(a) through (c) ofthe FAA Modernization and ReformAct of2012 ("Reform Act"). Congress has directed the FAA "to safely accelerate the integration ofcivil unmanned aircraft systems into the national airspace system." Pursuant to Section 333 ofthe ReformAct, the FAA Administratoris to permit unmanned aircraft systems to operate in the NAS where it is safeto do so based on the following considerations:

• TheUAS's size, weight, speed and operational capability;

• Operation oftheUAS in close proximityto airports and populated areas; and

• Operation ofthe UAS within thevisual line ofsight ofthe 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. § 4470l(f) (permitting exemptions from§§ 4470l(a), (b) and§§ 44702- 44716, 

### etseq.). A partyrequesting an exemption must explainthereasons whytheexemption: (1) would benefit the public as a whole, and (2) would not adversely affect safety (or how it would provide a level ofsafety at least equal to the existingrules). 

### See 14 C.P.R.§ 11.81 (petitions for exemption).

IV. JAMES MADISON UNIVERSITY'S PROPOSED UAS OPERATIONS MEET THE REQUIREMENTS OF SECTION 333 OF THE REFORM ACT

James MadisonUniversity'sproposedoperations inthisPetitionfor Exemptionqualifyfor expedited approval pursuant to Section 333 ofthe Reform Act as each ofthe statutory criteria and relevant factors are satisfied.U.S. Department ofTransportation December 1, 2015 Page 5 of17



### A. Approval is Warranted Based on the UAS'sSize, Weight, Speed, and Operational Capability JMU will employtheDJI Flamewheel F450, Parrot AR. Drone, and DJI Phantom3 'Professional' and Phantom 2 'VisonPlus' quadcopters fortheoperations described in this Petition for Exemption. These UASs have maximumtake-offweights under 4 pounds. The flight speedis limitedto amaximumof40 miles perhour, and it will not beflown at an altitudethat exceeds 200 feet AGL. All flights will beflown in sucha waythattheycanbe safely terminatedwith areserve batterypowerof25%ofthebattery'smaximumcharge. Thearovelisted quadcopters do not carryany flammable propellantorfuel. TheUASs also haveintegrated GPS systems that calculate the UAS's position and height and will relay that information via a secure connectionto the operator. Additionally, theUASs contain a failsafe mode ifits connectionto the remote control is lost, and these systems permit the UAS to return to a predetermined location and land without injuryordamage. 

### B. Approval is Warranted Based on the Operational Restrictions Set Forth in JMU's Ops!Fiight Manuals Together, JMU's Ops/Flight Manuals and the Manufacturer's Manuals contain all ofthe procedures and limitations necessaryto successfullyperformtheoperations specified in this Petition for Exemption. To assist the FAA in making a safety assessment ofJames Madison University's proposed operations, below is a summary of operational limitations and conditions which will ensure an equivalent or higher level ofsafety to operations conducted under current regulatory guidelines: 

### 1. The UAS weighs 4 pounds orless. 2. Flights will be operated within the visual-line-ofsight ofa pilot and an observer. 3. Maximumtotalflight time for eachoperational flight willbelimited to 25%reserve batterypowerremaining. 4. Flights will beoperated at an altitude ofno more than 200 feet AGL and will not be conducted within navigable controlled airspace without prior written authorization from the FAA. 5. Flights will be operated at a lateral distance ofat least 500 feet from anypersons, inhabited structures, vehicles orvessels that arenot involved inthe inspectionunless permission has beenreceived and appropriate waivers have been signed bythe persons orpropertyowners in advance.

### U.S. Department ofTransportation December 1, 2015 Page 6 of17

6. Flights will be limited to a speed of40 mph and vertical ascent will be limited to 15 mph. 7. The UAS will beoperated and maintained in aecordance with the requirements of the Manufacturer's Manuals and anymanufacturer Safety Bulletins. 8. Prior to the operation, the flights will be fully preplanned and briefed, including possible contingencies and emergencyprocedures. 9. James MadisonUniversitywill coordinate in advance with local 'AirAmbulance' services providing notice ofany UAV operations to be conducted on campus or· its outlying**properti~s.** 

### 10. All required permissions andpermitswillbeobtained fromterritorial, state, countyor cityjurisdictions, including local law enforcement, fire orother appropriate governmental agencies. 11. IftheUAS losescommunicationwith thepilot, it willhavethe capabilityto returnto the contrplled area/home launch location or apre-determined safe abort location. 12. Contingencyplans will be in place to safely terminate flight ifthere is a loss of communicationbetweenthe pilot and the observer. 13. TheUAS will havethecapabilityto abort flight inthe case ofunpredicted obstacles oremergencies. 14. All UAS PICs will have, at a minimum, a private pilot's license and a Second Class Medical Certificate. Observers will have a valid state driver's license noting vision correctable to 20/20. Both PIC and Observers will have taken written exams on UAS operations procedures. 15. All UAS operations will occurin daylight, Visual Flight Recognition ("VFR") conditions. IFRflights areprohibited and no flights will occurat night, orinadverse weatherconditions. 16. The UASs willbe controlled bytheDJIFlamewheel F450, Phantom 3 'Professional', and Phantom 2 'Vision Plus' 2.4GHz Remote Control Systems, and in the case ofthe Parrot AR. Drone WIFI (2.4GHZ)

. The radio frequency spectrumused for operation and control oftheUASs shall comply with the Federal Communications Commission ("FCC") orother appropriate government oversight agencyrequirements. · V. REGULATIONS FROM WHICH EXEMPTION IS SOUGHT The Federal Aviation Act·expressly grants the FAA the authorityto issue**exemptio~s.** 

### This statutory authority, byits terms, includes exempting civil aircraft, as the term is defined under§ 40101 ofthe Act, including UASs, from its safetyregulations and minimum standardsU.S. Department ofTransportation December.1, 2015 Page 7 of17

when the Administrator decides a requested exemption is in the public interest. 1
James Madison University seeks an exemption from several interrelated provisions of 14 C.F.R Parts 21, 45, 61 and 91 for purposes ofconducting the requested operations using UAS. Listed below are: (1) the specific sections of 14 C.F.R. for which exemption is sought, and; (2) the operating procedures and safeguards that Petitioner has established which will ensure a level of safetybetterthan or equal to therules from which exemption is sought.2
A. 14 C. F.R. Part21, Subpart H- Airworthiness Certificates and 14 C. F.R. 

## § 91.203(a)(1)
The FAA has stated that no exemption is needed from this section ifa finding is made under the Reform Act that the UASs selected provide an equivalent level ofsafety when compared to aircraft normally used for the same application. These criteria are met, and therefore no exemption is needed. 

### See Grant ofExemptionto Astraeus Aerial, DocketNo. FAA- 2014-0352 at 13-14, 22. It: however, the FAA determines that there are some characteristics of the chosen UASs that fail to meet the requirements ofthe Reform Act, 

## an exemption is requested. 

### Equivalent Levelof Safety
The UASs selected byJames Madison University are safe when taking into account their size, weight, speed, and operational capability. As set forth in SectionIV(B), 

### supra, the UASs weigh less than 4 pounds and will be flown at less than 40 mph and completely outside controlled airspace at 200' AGL and below. Additionally, the UASs carryneither pilots nor passengers, carryno explosive materials and orflammable liquid fuels, and operate exclusively within the parameters stated in JMU's Ops/Flight Manuals. Operations conducted underthis exemption will be closely controlled and monitored by the operator and will be conducted in compliance with local public safetyrequirements, to provide security for the area ofoperation. In all cases, the UASs operated underthe proposed conditions, will be at least as safe as, or saferthan conventional rotorcraft operating with an airworthiness certificate without the restrictions and conditions ofthe proposed UAS operations. Further, the UAS does not need a means to communicate with other aircraft orATC, because those capabilities will bepossessedbythe PIC and Observer, who arenot onboard the UAS. 

### See GrantofExemption, Docket FAA-2014-0352 at 13. In addition, theUAS will be operated at all times in visual line-of-sight and in VFR conditions. 

### /d.

1 

### See 49 U.S.C.§ 44701(f) (authorizing the grantofexemptions from requirements of regulations prescribed pursuant to Sections 44701(a) and (b) and Sections 44702- 44716).

2 

### See 14 C.F.R § 11.81(e), whichrequires apetition for exemption to include: The reasons why granting the exemption would not adversely affect safety, orhow the exemption would provide a level of**~afety** at least equal to that provided bythe rule from which you seek exemption.U.S. Department ofTransportation December 1, 2015 Page 8 of17



### B. 14 C. F.R. Part 27 Airworthiness Standards: Normal Category Rotorcraft
Title 14 C.F.R. Part 27 sets forth the procedural requirements for airworthiness certification ofnormal categoryrotorcraft. To the extent the Petitioner's UAS would otherwise require certification under Part 27, Petitioner seeks an exemption from Part 27's airworthiness standards for the same reasons identified in the request for exemption from 14 C.F.R. Part 21, SubpartH, 

### supra. C. 14 C. F.R. 

### § 91.7(a): Civil Aircraft Airworthiness Inasmuch as there will be no airworthiness certificate issued for the UAS Petitioner intends to use, James Madison University seeks an exemption from 14 C.F.R. § 91.7(a), which requires that a civil aircraft be in airworthy conditionto be operated. The FAA has statedthat no exemption is required for 14 C.F.R. § 91.7(a) to the extent that the requirements ofPart.21 are waived orfound inapplicable. 

### See Grant ofExemptionto Astraeus Aerial, DocketNo. FAA- 2014-0352 at 13-14, 22. Accordingly, Petitioner requests that the requirements for§ 91 . 7(a) be treatedinaccordancewithSectionV(A), 

### supra. D. 14 C. F. R. 

### §91.9(b)(2): Civil Aircraft Flight Man ua I in the Aircraft and 14 C. F.R. 

### § 91.203(a) and (b): Carrying Civil Aircraft Certification and Registration Pursuant to 14 C.F.R. § 91.9(b)(2): (b) NopersonmayoperateaU.S.-registeredcivil 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 combinationthereof
Pursuant to 14 C.F.R. § 91.203(a) and (b): (a) Except as provided in§ 91.715, no person mayoperate a civil aircraft unless it has within it the following: (1) An appropriate and current airworthiness certificate (b) No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) ofthis section or a special flight authorization issued

**und~r** § 91.715 is displayed at the cabin or cockpit entrance so that it is legible to passengers or crew. Given the small size and configuration ofthe UAS, it would be impossible to keep airworthiness documents and other aircraft manuals onboardthe UAS because there is simply no room. Also the UAS has no cabin or cockpit. ·U.S. Department ofTransportation December 1, 2Q15 Page 9 of17



### Equivalent LevelofSafety
In an FAA Office ofChiefCounsel'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 ifthepilot oftheunmanned 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. As this FAA Office ofChiefCounsel Opinion clarifies, the intent oftherule is to ensurethe pilot has access to these key documents during flight. Therefore, an equivalent level ofsafetywill be achieved be ensuring that the pilot has access to the documents at the ground control station from which he or she is piloting the UAS. E. 14 C. F. R. 

### §§ 91.9(c), 45.23(b) and 45.27(a): Aircraft Marking and Identification Requirements James Madison University seeks an exemption from the aircraft marking and identification requirements contained in 14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a).

• 14 C.F.R. § 91.9(c), Civil Aircraft Flight Manual, Marking and Placard requirements, provides that: No person may operate a U.S.-registered civil aircraft unless that aircraft is identified in accordance with Part 45 ofthis chapter.

• 14 C.F.R. 

### § 45.23(b), Markings ofthe Aircraft, states: When marks include only the Roman capital letter "N" and the registration number is displayed on limited, restricted or light-sport category aircraft or experimental or provisionally certificated aircraft, the operator must also display on that aiicraft 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 ofa rotorcraft must display on that rotorcraft horizontally on both surfaces ofthe cabin, fuselage, boom, or tail the marks required by 

### § 45.23. In a previous Grant ofExemption, the FAA determined that exemption from these requirements was warranted provided that the aircraft "have identification (N-Number) markings in accordance with 14 C.F.R Part 45, Subpart C ifthe markings are as large as practicable." FAA Docket No. FAA-2014-0352. 

### Equivalent LevelofSafety James Madison University will mark all UASs with 'Experimental' onthe fuselage. Markings will be made as large as practicable and visible to operators.U.S. Department ofTransportation December 1, 2015 Page 10 of17



### F. 14C.F.R.§91.103: PreflightAction James Madison University seeks an**exemp~ion** from 14 C.P.R. 

### § 91.103, which requires a PICto become familiar with specific information before eachflight, including information contained in the FAA-approved Flight Manual onboard the aircraft. While the PIC will be familiar with all infOrmation necessaryto safely conduct the flight, an exemption is requested to the extent that an FAA-approved Flight Manual is required. 

### EquivalentLevelofSafety An equivalent level ofsafety will beprovided by following JMU's Ops/Flight Manuals and the Manufacturer's Manuals. The PIC will perform a series ofchecklists in accordance with the Petitioner's Aircraft Flight Manual, including checklists covering Pre-Flight, Launch, Landing, After Landing, and Shut Down/Secureprocedures. 3 The PIC will also berequired to review weather, flight requirements, battery charge, landing and takeoffdistance, aircraft performance data, and contingency landing areas- before initiation offlight. JMU's Ops/Flight Manuals and the Manufacturer's Manuals will bekept at the ground control station and will be accessible to the PIC at all times while operating the UAS.



### G. 14 C.F.R. §91.109(a): Flight Instruction James Madison University seeks an exemption from 14 C.P.R. 

### § 91.1 09(a), which provides that "no person may operate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has fully functioning dual controls." UASs and remotely piloted aircraft, bytheir design, do not have functional dual controls. Instead, flight control is accomplished throughtheuse ofa device that communicates with the aircraft via radio communications. Accordingly, an exemption will berequired for the flight instruction requirements of14 C.F.R. § 91.109(a). 

### Equivalent LevelofSafety Given the size and speed ofthe UASs that James Madison University intends to use, an equivalent level ofsafe training can still beperformed without dual controls because no pilot or passengers are aboard the UAS, and as required by JMU's Ops/Flight Manuals, all persons will be a safe distance away in the event that the UAS experiences anydifficulties during flight instruction. Moreover, Petitioner will conduct training in a controlled environment. As required byJMU's Ops/Flight Manuals, training and instruction will be conducted in a safe area on propertythat is owned and controlled byJamesMadison University. These facilities will notbe open to the public during UAS operations, and access will be restricted to authorized James Madison University personnel and students enrolled in the UAS course. As required byJMU's Ops/Flight Manuals, the Flight Training Teamwill be composed ofa PIC, Visual Observer (VO), and Student. PIC will provide instruction to students and are required to be an FAA licensed airman with at least a private pilot's certificate and a Second Class Medical Certificate. Visual Observers will act as Flight Safety Observers and would not

3 

### See JMU DJI Firewheel F450 and DJIPhantom 3 Professional UAS Aircraft Flight Manuals.U.S. Department ofTransportation December 1, 2015 Page 11 of17

berequired to be an FAA licensed airman, however, VOs are required to have a valid state driver's license demonstrating vision that is correctible to 20/20. Further, all PICs and VOsmust have successfullypassed a written and/or oral exam covering James Madison University's UAS operations per JMU's Ops/Flight Manuals. PICs are also required to pass a practical exam covering operations ofthe aircraft being used to perform the proposed operations in this Petition for Exemption. As a whole, the safetyprocedures provided for in JMU's Ops/Flight Manuals ensure that the proposed UAS operations provide an equivalent orhigher level ofsafety than the flight instructionregulations for operations that occur 200' AGL and below. H. FAA ORDER 8900.1 16-4-4-1(a) Visual Observer and Other Personnel FAA Order 8900.1 16-4 directs that boththe Pilot-in-Command (PIC) and Visual Observer (VO) must have a valid FAA issued Second Class Medical certificate under Part 67 in orderto act as PIC or VO. James Madison University proposes that requiring both crew members operating a 4.0 lb UAS (maximum take-offweight) at orbelow 200' AGL to meet the same medical requirements as a commercial pilot carrying passengers in a manned aircraft are unnecessary. James Madison University proposes that the PIC have and maintain a valid Second Class Medical Certificate, but the medical requirements forthe VO be lessened to having vision corrected to 20/20 as documented with a valid state issued driver's license. Understanding.the intent, ifthe VO is medically licensed to operate a vehicle on the roadthey then have the medical capability to perform their duties as aVO and assist the PIC with identifying and avoiding other air traffic at 200' AGL and below. In the unlikely event that boththe PIC and VO become medically incapacitated while the aircraft is in flight, the UASs do have a programmable failsafe that, when battery levels drop below 25%, the aircraft autonomously returns to horne point and lands without any crew inputs. 

### EquivalentLevelofSafety An equivalent level ofsafetywill be achieved because maintenance and inspections will beperformed in accordance with the Manufacturer's Manuals and any applicable manufacturer Safety Bulletins. Further, as required byJMU's Ops/Flight Manuals, flights will not be conducted unless a pre-flight checklist covering all flight critical components ofthe UAS has been completed. JMU's Ops/Flight Manuals also contains recordkeeping requirements for routine, interval and post-flight maintenance. As a whole, themaintenance and inspection proceduresrequired in JMU's Ops/Flight Manuals ensure that an equivalent orhigher level of safetywillbe achieved. 

### I. 14C.F.R.§91.119: MinimumSafeAititudes James Madison Universityrequests an exemption from the minimum safe altitude requirements of14 C.F.R. 

### § 91.119. Section 91.119 prescribes the minimum safe altitudes under which aircraft maynot operate, including 500 feet above the surface and away from any person, vessel, vehicle, or structure in non-congested areas. 

### See 14 C.P.R. 

### § 91.119(c). Section 91.119(d ) allows for a helicopterto operate at less than those minimum altitudes when it can be operated "without hazardto persons orpropertyon the surface," provided that "each person operatingthe helicopter complies with any routes or altitudes specificallyprescribed for helicopters bythe FAA."U.S. Department ofTransportation December 1, 2015 Page 12 of17

An exemption is required because the proposed UAS operations will need to occurbelow 200 feet AGL. Further, dueto the nature ofthe proposed operations, the PIC, Observer(s), Instructor and/or Student may at times be less than 500 feet away from the UAS. 

### Equivalent LevelofSafety Compared to flight operations withrotorcraft weighing far more than the maximum weights proposed herein, and given the lack offlammable fuel with the UASs, any risk associated with these operations is far less than those that presently exist with conventional aircraft. An equivalent level ofsafetywill be achieved given the size, weight, and speed ofthe UASs, as well the controlled and sterile location where the operations will occur. Inorderto avoid anyrisk to manned aircraft, flight operations will berestricted to 200 feet AGL orbelow. As set forth in JMU's Ops/Flight Manuals, the UASs will be operated in a restricted area that is owned or controlled by James Madison University. These restrictionswill ensure that the proposed UAS operations are performed in a manner that protects the safety ofparticipants, non-participants, the UAS and otherproperty. 

### J. 14 C. F.R. 

### § 91.121: Altimeter Settings This petition seeks an exemption from 14 C.F.R. § 91.121, which requires a person operating an aircraft to maintain cruising altitude orflight level byreference to an altimeter that is set to the elevation ofthe departure airport orbarometric pressure. An exemption is required to the extent that the UASs do not have a barometric altimeter, but rather a GPS altitude read out. 

### EquivalentLevelofSafety The FAA has stated that an equivalent level ofsafety to the requirements of 14 C.F.R. § 91.121 canbe achieved in circumstances where: (1) the UASs will be operated at 400 feet AGL orbelow, (2) within visual line-of-sight, (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 ofthe onboard GPS. 

### See Grant ofExemptionto Astraeus Aerial, DocketNo. FAA-2014-0352 at 21. As the attached JMU Ops/Flight Manuals and Manufacturer's Manuals demonstrate, the UASs James Madison University intends to use meet these requirements. Moreover, James Madison University's Aircraft Flight Manual includes GPS compass calibrationprocedures that must be performed priorto each flight. Like Astraeus**A~rial's** petition for exemption, the UASs James Madison University intends to use, and the safetyprocedures contained in JMU's Ops/Flight Manuals, both ensure that an equivalent level ofsafetywill be achieved, and a grant ofexemption to the requirements of§ 191.121 is therefore appropriate. K. 14 C. F. R. 

### §91.151 (a): Fuel Requirements for Flight in VF R Conditions James Madison Universityrequests an exemption from 14 C.F.R. § 91.15l(a)'s fuel requirements for flight in VFR conditions. Section 91.151 states:U.S. Department ofTransportation December 1, 2015 Page 13 of17

(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 ofintended 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 afterthat for at least 45 minutes. Here, the technological limitations onUAS batterypowermeans that no meaningful flight operations canbe conducted while still maintaining a 30 minutebatteryreserve. An exemption from the fuel requirements of14 C.F.R. § 91.151(a) is therefore required

.



### . Equivalent Levelof 

### Safety The FAA has statedthat an equivalent level ofsafety canbe achieved byrequiring that each UAS operationbe completed within 30 minutes flight time or with 25% batterypower remaining, whichever occurs first. 

### See Grant ofExemptionto AstraeusAerial, DocketNo. FAA-2014-0352. JMU's Ops/Flight Manuals include a similar restriction whichrequires UAS flight operations to beterminated once 25% batterypowerreserve is reached. The UASs that James Madison University intends to use have a low battery capacity warning system. Telemetrydata is downlinked from the UA to the ground control station which will alert the PIC when remaining batterypower drops below 30%. Consistent with the procedures in JMU's Ops/Flight Manuals, the PIC will promptly fly the UA back to the home launch location orpre-determined abort location where the UAS may safely land. Together, the safety procedures required in JMU's Ops/Flight Manuals, and the design features ofthe selected UAS, ensure that the proposed operation will provide an equivalent level ofsafetyto that provided bythe regulations.
L. 14 C. F. R. 

### §91.405(a), 91.407(a)(1 ), 91.409(a) (1) and (2); 91.417(a) and (b): Maintenance 

### & Inspections James Madison University 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) & (2); 91.417(a) and (b). These regulations specifymaintenance and inspection standards inreferenceto 14 C.F.R. Part43. 

### See, e.g., 14 C.F.R. § 91.405(a) (statingthat eachowneroroperatorofan aircraft "[s]hallhave the aircraft inspected as prescribed in subpart E of this part and shall betweenrequired inspections havediscrepanciesrepaired as prescribedinpart43 ofthis chapter"). Anexemptionfrom theseregulationsis neededbecausePart43 andthesesections only applytoaircraftwithan airworthinesscertificate,whichtheUASsJames Madison Universityintendstousewillnothave. 

### Equivalent Levelof 

### Safety
An equivalent level ofsafetywill be achieved because maintenance and inspections will beperformed in accordance with the Manufacturer's Manuals and any applicable manufacturer Safety Bulletins. Further, as required byJMU's Ops/Flight Manuals, flights will not be conductedunless a pre-flight checklist covering all flight critical components ofthe UAS has been completed. JMU's Ops/Flight Manuals also contains recordkeeping requirements forU.S. Department ofTransportation December 1, 2015 Page 14 of17

routine, interval and post-flight maintenance. As a whole, the maintenance and inspection procedures required in JMU's Ops/Flight Manuals ensure that an equivalent orhigher level of safetywill be achieved. M. 14 C.F.R. Part61, 14C.F.R. §61.3, 14C.F.R. §61.113:Private Pilot Privileges And Limitations JMU will require its UAS flight instructors to have a private pilot's license. However, as set forth in the accompanying Manuals, flight instruction will also beprovided to students who will not have a private pilot's license. Accordingly, James Madison University seeks exemption from 14 CFR Part 61, including 14 CFR § 61.3 to the extent that these regulations are interpreted as requiring a student receiving UAS pilot instruction to have a private pilot's certificate. All student instruction flights will be conducted under closely controlled circumstances, outside of navigable airspace and away from persons orpropertynot involved in the instruction. In addition, the student instruction flights will be conducted underthe close supervision ofa .UAS flight instructor, who will have, at a minimum, a private pilot's license. In addition, to the extent that James Madison University may be employing persons with a private pilot's license to operate its UASs, an exemption is also sought from 14 C.F.R § 61.113, which restricts private pilot certificate holders from flying aircraft for compensation or hire, and which would also require a second class medical certificate. The purpose ofthis section is to ensure the skill and competency ofany PIC where the aircraft is carrying passengers or cargo for hire. In this case, while Instructors acting as PIC ofthe Flight Training Teamwill be operating UASs for a commercial purpose as part ofJames Madison University's UAV Design and Utilization Program, the UASs carry neither passengers nor cargo. Moreover, in the Astraeus Aerial Grant ofExemption (FAA Docket No. FAA-2014-0352), the FAA determined that the unique characteristics ofUAS operation outside ofcontrolled airspace did not warrant the additional cost andrestrictions attendant with requiring the PIC to have a Commercial Pilot Certificate and Class II Medical Certificate. 

### EquivalentLevelofSafety James Madison Universitywill ensure and equivalent level ofsafetyto the regulatory requirements of14 C.P.R. Part 61, including 14 C.P.R.§§ 61.3 and 61.113 by following the safetyprocedures provided in JMU's Ops/Flight Manuals. Specifically, the UAS Flight Instruction procedures and Flight Training Teamprotocols contained in JMU's UAS Flight Operations Manual include numerous conditions and limitations which ensure the proposed UAS operations can be conducted safely. These include a minimum ofa Second Class Medical Certificate for all PIC, valid state driver's license with vision corrected to 20/20 for VOs and students, and a demonstration of proficiencythrough written/oral examination covering all flight operations. In addition to these training and experience requirements, James Madison Universityhas placed additional restrictions on its proposed UAS operations to ensure an extramargin of safety. The UAS will onlyoperate in a controlled area away from persons and propertynot involved in the operation. As required in JMU's Ops/Flight Manuals, the PIC will maintain a 500 footbuffer from non-participating

**personne~** as well as buildings, vessels and vehicles that are not part ofthe UAS operation being conducted. It will be flown based on VLOS at 200 feet AGL orbelow. James Madison Universitywill provide notice and early coordination with localU.S. Department ofTransportation December 1, 2015 Page 15 of17

'Air Ambulance' operations center when conducting any UAS operations on campus or any of its outlying properties. JMU's Ops/Flight Manuals, including its qualification, currency and training requirements for members ofJMU's Flight Instruction Program, ensure that UAS operators are competent and proficient in the UAS they are operating. Collectively, these procedures ensurethat theproposed UAS operations can be conducted safely VI. PUBLIC INTEREST
The public interest will be served bygranting James Madison University's Petition for Exemption. Congress has established a national policythat favors early integration ofUAS into the National Airspace System (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) oftheReform Act, namely; the FAA Administrator's assessment ofwhether certain UAS mayoperate safely in the NAS before completion ofthe rulemaking required under Section 332 ofthe ReformAct. Theproposed UAS operations in this Petition for Exemption will benefit students, federal, state, and local governments, and the aviation industry as a whole bypioneering UAS academic programs that focus onthe safe integration ofUAS into the NAS. This Petition for Exemption offers the FAA an opportunityto collaborate with an academic institution that has great experience and a solid reputation for excellence throughout the academic community. The public as a whole will benefit from a collaborative relationship betweenthe FAA and James Madison Universitythat focuses onthe safe promotion ofbest practices for training and qualification needs specific to the UAS industry. The proposedUAS operations in this Petition for Exemption will also improve safety and reduce riskby alleviating thepublic's exposure to danger associated with student flight training utilizing full size fixed-wing aircraft and rotorcraft. The UASs Petitioner intends to use are batterypowered and create no emissions. Moreover, in theunlikely event thatone ofPetitioner's UASs crash, there is no fuel to ignite and explode. Any accident involving Petitioner's lightweight UASs will present significantly less dangerto the pilot and other individuals on the ground than one involving a full size helicopter. VII. PRlV ACY All James MadisonUniversity UAS operations shall be conducted in accordance with applicable**federa~** state, orlocal laws regarding privacy. James MadisonUniversitywill not conduct flight operations overpropertythat it does not own or control without the prior consent and knowledge ofthepropertyowner. VIII. FEDERAL REGISTER SUMMARY Pursuant to 14 C.F.R. Part 11, the following summaryis provided for publication in the FEDERAL REGISTER, should it be determined that publication is needed: Petitioner seeks an exemption from the following sections in Title 14 ofthe Code of FederalRegulations: Part 21, Subpart H; Part 27; 45.23(b); 45.27(a); 61.3; 61.113; 91.7(a); 91.9(b)(2); 91.9(c); 91.103; 91.109(a); FAA ORDER 8900.116-4-4-1(a); 91.119; 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).U.S. Department ofTransportation December 1, 2015 Page 16 of17

The exemption will enhance safety by reducing risk to the general public and property owners from the substantial hazards associated with performing equivalent flight training with conventional fixed-wing aircraft, rotorcraft, orother methods. IV. CONCLUSION James Madison University's Petition for Exemption satisfies the criteria articulated in Section 333 ofthe Reform Act of2012 including weight, speed, operating capabilities, proximityto airports and populated areas, operation within visual line-of-sight and national security. The proposed UAS operations will benefit the public as a whole by fostering a collaborative relationship betweenthe FAA and James Madison University which focuses on UAS design, training, utilization, and other processes involving the safe and efficient operation ofUAS in the NAS. In consideration ofthe foregoing, James Madison University's Petition for Exemption provides the FAA with more than adequatejustification for granting ofthe requested exemptions (and blanket COA for operations occurring under 200' AGL) allowing James Madison University to perform commercial operations as part ofJames Madison University's daily campus operations and the UAV Design and Utilization Program. Should you have any questions, or ifyou need additional information to support the requested exemptions, please contact the undersigned or Asa Taylor at: Asa Taylor Facilities Management Phone:540-568-3337 Email: taylo2ae@jmu.edu

# l~!Y''~- Nick Swayne 4VA Coordinator College ofEducation Phone:(540)568-6093 Fax: (540) 568-7100 Web: http://sites.jmu.edu/jmudroneschallenge/ Email: swaynedd@jmu.eduU.S. Department ofTransportation December 1, 2015 Page 17 of17

X. ATTACHMENTS
The following attached items contain proprietary and commercial information exempt from disclosureunderthe FreedomoflnformationAct, 5U.S.C. 

### § 522 

### etseq., and should be held in a separate file pursuant to 14 C.F.R. 

### § 11:35(b).

Attachment A: JMU DJIFlamewheelF450UAS UserManual
Attachment B; JMU Parrot AR. DroneUser Manual
Attachment C: JMUDJIPhantom3 'Professional' UAS Quick Start Guide Attachment D: JMUDJIPhantom2 'Vision Plus' User Manual
AttachmentE: SmartFlightBatterySafetyGuidelines
AttachmentF: PhantomPilotTrainingGuide