U.S. Department ofTransportation 

Docket Management System 

1200 New Jersey Ave., SE 

Washington, DC 20590 

December 1, 2015 

Re: Petition of James Madison University, for an Exemption Pursuant to Section 333 

of the FAA Modernization and Reform Act of2012 

Dear Gentlemen: 

Pursuant to Section 3 3 3 of the FAA Modernization and Reform Act of 2012 ("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 

commercial operation of small unmanned aerial vehicles (i.e., "small unmanned aircraft" or 

"UAS") as part of James 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 (collectively referred 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 Madison University 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 et seq., and any 

other requirements established by the FAA pursuant to Section 333 ofthe Reform Act. 

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December 1, 2015 

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For your convenience, this Petition is organized as follows: 

L Description ofPetitioner 

II. Description ofProposed Operations 

IlL Relevant Statutory Authority 

IV. James Madison University's Proposed UAS Operations Meet the Requirements of 

Section 333 ofthe Reform Act 

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

Operational Capability 

B. Approval is Warranted Based on the Operational Restrictions Set Forth in 

the JMU's Ops/Flight Manual 

V. Regulations From Which Exemption is Sought 

A. 14 C.F.R Part 21, Subpart H- Airworthiness Certificates and 14 

C.F.R. § 91.203 

B. 14 C.F.R. Part 27 Airworthiness Standards: Normal Category 

Rotor craft 

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 

Identification Requirements 

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) Visual Observers 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): 

Maintenance Inspections 

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. Attachments 
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I. DESCRIPTION OF PETITIONER 

In 1907, the citizens of Harrisonburg, 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 of students eager to make the status quo obsolete. In 1908 the Madison began- 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 of our 20,000 students being 

undergraduates, JMU combines the best of research-based universities and small liberal arts 

institutions. 

In accordance with 14 C.F.R. § 11.8l(a), James Madison University provides the following 

information in support of its 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 1 02 

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 of each discipline introducing students to the elements ofUAS operations from 

commercial and non-commercial perspectives, 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 occur under tightly controlled conditions on property 

that is more than five miles from any airport and is owned and controlled by James Madison 

University. Upon completion of James 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 of end users. This course does not offer a "Certificate of 

Completion" and in no way permits or authorizes the student to engage in commercial U AS 

activities that are not in accordance with the F ARs. 

In addition, there will be a number of flights associated with the University's need for 

facilities, grounds, and program management. In these 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 of this type will involve a PIC specifically trained on the DJI 
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December 1, 2015 

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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 University will serve students, federal, state, and local governments, and 

the aviation industry as a whole by pioneering UAS academic programs, enhancing relationships 

with government and industry, strengthening UAS :flight operations and training, and 

collaborating with other academic institutions. This exemption request is an opportunity to not 

only prepare students for aviation and aerospace careers in the UAS industry, but also to 

collaborate with the FAA to study and address training and qualification needs specific to the 

UAS industry. Furthermore, James Madison University will coordinate and continuously update 

its curriculum to take advantage·ofnew guidance and regulations proposed and implemented by 

the FAA. James Madison University is committed to ensuring that its program is not only 

compliant, but always reflects best practices as UAS integration into the National Air Space 

proceeds. 

III. RELEVANT STATUTORY AUTHORITY 

This Petition for Exemption is submitted pursuant to Section 333(a) through (c) of the 

FAA Modernization and Reform Act of2012 ("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 ofthe UAS in close proximity to airports and populated areas; and 

• Operation ofthe 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. § 4470l(f) (permitting exemptions from§§ 4470l(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.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 Madison University's proposed operations in this Petition for Exemption qualify for 

expedited approval pursuant to Section 333 of the Reform Act as each of the statutory criteria and 

relevant factors are satisfied. 
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December 1, 2015 

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

Operational Capability 

JMU will employ the DJI Flamewheel F450, Parrot AR. Drone, and DJI Phantom 3 

'Professional' and Phantom 2 'Vison Plus' quadcopters for the operations described in this Petition 

for Exemption. These UASs have maximum take-off weights under 4 pounds. The flight speed is 

limited to a maximum of 40 miles per hour, and it will not be flown at an altitude that exceeds 200 

feet AGL. All flights will be flown in such a way that they can be safely terminated with a reserve 

battery power of25% ofthe battery's maximum charge. The arovelisted quad copters do not carry any 

flammable propellant or fuel. The UASs also have integrated GPS systems that calculate the 

UAS's position and height and will relay that information via a secure connection to the 

operator. Additionally, the UASs contain a failsafe mode if its connection to the remote control is 

lost, and these systems permit the UAS to return to a predetermined location and land without 

injury or damage. 

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 of the 

procedures and limitations necessary to successfully perform the operations specified in this Petition 

for Exemption. To assist the FAA in making a safety assessment of James Madison University's 

proposed operations, below is a summary of operational limitations and conditions which will 

ensure an equivalent or higher level of safety to operations conducted under current regulatory 

guidelines: 

1. The UAS weighs 4 pounds or less. 

2. Flights will be operated within the visual-line-of sight of a pilot and an observer. 

3. Maximum total flight time for each operational flight will be limited to 25% reserve 

battery power remaining. 

4. Flights will be operated at an altitude of no 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 of at least 500 feet from any persons, 

inhabited structures, vehicles or vessels that are not involved in the inspection unless 

permission has been received and appropriate waivers have been signed by the 

persons or property owners in advance. 
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6. Flights will be limited to a speed of 40 mph and vertical ascent will be limited to 15 

mph. 

7. The UAS will be operated and maintained in aecordance with the requirements of 

the Manufacturer's Manuals and any manufacturer Safety Bulletins. 

8. Prior to the operation, the flights will be fully preplanned and briefed, including 

possible contingencies and emergency procedures. 

9. James Madison University will coordinate in advance with local 'Air Ambulance' 

services providing notice of any UAV operations to be conducted on campus or· 

its outlying properti~s. 

10. All required permissions and permits will be obtained from territorial, state, county or 

city jurisdictions, including local law enforcement, fire orother appropriate 

governmental agencies. 

11. Ifthe UAS loses communication with the pilot, it will have the capability to return to 

the contrplled area/home launch location or a pre-determined safe abort location. 

12. Contingency plans will be in place to safely terminate flight if there is a loss of 

communication between the pilot and the observer. 

13. The UAS will have the capability to abort flight in the case ofunpredicted obstacles 

or emergencies. 

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 occur in daylight, Visual Flight Recognition ("VFR") 

conditions. IFR flights are prohibited and no flights will occur at night, or in adverse 

weather conditions. 

16. The UASs will be controlled by the DJI Flamewheel 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 

spectrum used for operation and control ofthe UASs shall comply with the Federal 

Communications Commission ("FCC") or other appropriate government oversight 

agency requirements. · 

V. REGULATIONS FROM WHICH EXEMPTION IS SOUGHT 

The Federal Aviation Act· expressly grants the FAA the authority to issue exemptio~s. 

This statutory authority, by its terms, includes exempting civil aircraft, as the term is defined 

under§ 40101 of the Act, including UASs, from its safety regulations and minimum standards 
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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 of conducting 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 safety better than or equal to the rules from which exemption is sought.2 

A. 14 C. F .R. Part 21, 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 if a finding is made 

under the Reform Act that the UASs selected provide an equivalent level of safety when 

compared to aircraft normally used for the same application. These criteria are met, and 

therefore no exemption is needed. See Grant ofExemption to Astraeus Aerial, Docket No. 

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 of the Reform Act, an 

exemption is requested. 

Equivalent Level of Safety 

The UASs selected by James Madison University are safe when taking into account 

their size, weight, speed, and operational capability. As set forth in Section IV(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 carry neither pilots nor 

passengers, carry no explosive materials and or flammable liquid fuels, and operate 

exclusively within the parameters stated in JMU's Ops/Flight Manuals. 

Operations conducted under this exemption will be closely controlled and monitored by 

the operator and will be conducted in compliance with local public safety requirements, to 

provide security for the area of operation. In all cases, the UASs operated under the proposed 

conditions, will be at least as safe as, or safer than conventional rotorcraft operating with an 

airworthiness certificate without the restrictions and conditions of the proposed UAS 

operations. 

Further, the UAS does not need a means to communicate with other aircraft or ATC, 

because those capabilities will be possessed by the PIC and Observer, who are not onboard the 

UAS. See Grant of Exemption, Docket F AA-2014-0352 at 13. In addition, the UAS 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 grant of exemptions from requirements of 

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

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

The reasons why granting the exemption would not adversely affect safety, or how 

the exemption would provide a level of ~afety at least equal to that provided by the 

rule from which you seek exemption. 
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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 of normal category rotorcraft. 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, 

Subpart H, 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 condition to be operated. The FAA has stated that 

no exemption is required for 14 C.F.R. § 91.7(a) to the extent that the requirements ofPart.21 

are waived or found inapplicable. See Grant ofExemption to Astraeus Aerial, Docket No. 

FAA- 2014-0352 at 13-14, 22. Accordingly, Petitioner requests that the requirements for§ 

91 . 7 (a) be treated in accordance with Section V (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) No person may operate a U.S.-registered civil aircraft-

(2) For which an Airplane or Rotorcraft Flight Manual is required by § 21.5 of 

this chapter, unless there is available in the aircraft a current approved Airplane 

or Rotorcraft Flight Manual, approved manual material, markings, and placards, 

or any combination thereof 

Pursuant to 14 C.F.R. § 91.203(a) and (b): 

(a) Except as provided in§ 91.715, no person may operate a civil aircraft unless it 

has within it the following: 

(1) An appropriate and current airworthiness certificate 

(b) No person may operate a civil aircraft unless the airworthiness certificate 

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

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 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. Also the UAS has no cabin or cockpit. · 
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December 1, 2Q 15 

Page 9 of17 

Equivalent Level of Safety 

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 ifthe pilot ofthe 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. As this FAA Office of Chief Counsel Opinion 

clarifies, the intent ofthe rule is to ensure the pilot has access to these key documents during 

flight. Therefore, an equivalent level of safety will 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 of this 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 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 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 Level of Safety 

James Madison University will mark all UASs with 'Experimental' on the 

fuselage. Markings will be made as large as practicable and visible to operators. 
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December 1, 2015 

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F. 14C.F.R.§91.103: PreflightAction 

James Madison University seeks an exemp~ion from 14 C.P.R. § 91.103, which requires a 

PIC to become familiar with specific information before each flight, including information 

contained in the FAA-approved Flight Manual on board the aircraft. While the PIC will be 

familiar with all infOrmation necessary to safely conduct the flight, an exemption is requested to 

the extent that an FAA-approved Flight Manual is required. 

Equivalent Level of Safety 

An equivalent level of safety will be provided by following JMU's Ops/Flight Manuals 

and the Manufacturer's Manuals. The PIC will perform a series of checklists in accordance with 

the Petitioner's Aircraft Flight Manual, including checklists covering Pre-Flight, Launch, 

Landing, After Landing, and Shut Down/Secure procedures.3 The PIC will also be required to 

review weather, flight requirements, battery charge, landing and takeoff distance, aircraft 

performance data, and contingency landing areas- before initiation of flight. JMU's Ops/Flight 

Manuals and the Manufacturer's Manuals will be kept 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, 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 of14 C.F.R. § 91.109(a). 

Equivalent Level of Safety 

Given the size and speed of the UASs that James Madison University intends to use, an 

equivalent level of safe training can still be performed 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 any difficulties during flight 

instruction. Moreover, Petitioner will conduct training in a controlled environment. As required 

by JMU's Ops/Flight Manuals, training and instruction will be conducted in a safe area on 

property that is owned and controlled by James Madison University. These facilities will not be 

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 by JMU's Ops/Flight Manuals, the Flight Training Team will be composed 

of a 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 DJI Phantom 3 Professional UAS Aircraft Flight Manuals. 
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December 1, 2015 

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be required 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 VOs must 

have successfully passed a written and/or oral exam covering James Madison University's UAS 

operations per JMU's Ops/Flight Manuals. PI Cs are also required to pass a practical exam 

covering operations of the aircraft being used to perform the proposed operations in this Petition 

for Exemption. As a whole, the safety procedures provided for in JMU's Ops/Flight Manuals 

ensure that the proposed UAS operations provide an equivalent or higher level of safety than the 

flight instruction regulations 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 both the Pilot-in-Command (PIC) and Visual Observer 

(VO) must have a valid FAA issued Second Class Medical certificate under Part 67 in order to act 

as PIC or VO. James Madison University proposes that requiring both crew members operating a 

4.0 lb UAS (maximum take-off weight) at or below 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 for the VO be lessened to having vision 

corrected to 20/20 as documented with a valid state issued driver's license. Understanding. the 

intent, if the VO is medically licensed to operate a vehicle on the road they 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 both the 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. 

Equivalent Level of Safety 

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

be performed in accordance with the Manufacturer's Manuals and any applicable manufacturer 

Safety Bulletins. Further, as required by JMU'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, the maintenance and inspection 

procedures required in JMU's Ops/Flight Manuals ensure that an equivalent or higher level of 

safety will be achieved. 

I. 14C.F.R.§91.119: MinimumSafeAititudes 

James Madison University requests an exemption from the minimum safe altitude 

requirements of 14 C.F .R. § 91.119. Section 91.119 prescribes the minimum safe altitudes 

under which aircraft may not operate, including 500 feet above the surface and away from any 

person, vessel, vehicle, or structure in non-congested areas. See 14 C.P.R. § 91.119( c). Section 

91.119( d ) allows for a helicopter to operate at less than those minimum altitudes when it can be 

operated "without hazard to persons or property on the surface," provided that "each person 

operating the helicopter complies with any routes or altitudes specifically prescribed for 

helicopters by the FAA." 
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December 1 , 2015 

Page 12 of17 

An exemption is required because the proposed UAS operations will need to occur below 

200 feet AGL. Further, due to the nature of the proposed operations, the PIC, Observer(s), 

Instructor and/or Student may at times be less than 500 feet away from the UAS. 

Equivalent Level of Safety 

Compared to flight operations with rotorcraft weighing far more than the maximum 

weights proposed herein, and given the lack of flammable 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. In order to 

avoid any risk to manned aircraft, flight operations will be restricted to 200 feet AGL or below. 

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 restrictions will ensure that the 

proposed UAS operations are performed in a manner that protects the safety of participants, 

non-participants, the UAS and other property. 

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 or flight level by reference to an altimeter that 

is set to the elevation of the departure airport or barometric pressure. An exemption is required 

to the extent that the UASs do not have a barometric altimeter, but rather a GPS altitude read 

out. 

Equivalent Level of Safety 

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 UASs will be operated at 400 feet AGL 

or below, (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 of the onboard GPS. 

See Grant ofExemption to Astraeus Aerial, Docket No. 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 calibration procedures that 

must be performed prior to each flight. Like Astraeus A~rial's petition for exemption, the UASs 

James Madison University intends to use, and the safety procedures contained in JMU's 

Ops/Flight Manuals, both ensure that an equivalent level of safety will be achieved, and a grant 

of exemption 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 University requests an exemption from 14 C.F.R. § 91.15l(a)'s fuel 

requirements for flight in VFR conditions. Section 91.151 states: 
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(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 3 0 minutes; or 

(2) At night, to fly after that for at least 45 minutes. 

Here, the technological limitations on UAS battery power means that no meaningful 

flight operations can be conducted while still maintaining a 30 minute battery reserve. An 

exemption from the fuel requirements of14 C.F.R. § 91.151(a) is therefore required . 

. Equivalent Level of Safety 

The FAA has stated that an equivalent level of safety can be achieved by requiring that 

each UAS operation be completed within 30 minutes flight time or with 25% battery power 

remaining, whichever occurs first. See Grant ofExemption to Astraeus Aerial, Docket No. 

FAA-2014-0352. JMU's Ops/Flight Manuals include a similar restriction which requires UAS 

flight operations to be terminated once 25% battery power reserve is reached. 

The UASs that James Madison University intends to use have a low battery capacity 

warning system. Telemetry data is downlinked from the UA to the ground control station which 

will alert the PIC when remaining battery power 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 or pre-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 

U AS, ensure that the proposed operation will provide an equivalent level of safety to that 

provided by the 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 specify maintenance and inspection standards in reference to 14 

C.F.R. Part43. See, e.g., 14 C.F.R. § 91.405(a) (stating that eachowneroroperatorofan 

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 ofthis 

chapter"). An exemption from these regulations is needed because Part 43 and these sections 

only applytoaircraftwithan airworthiness certificate, whichtheUASs James Madison 

Universityintendsto use will not have. 

Equivalent Level of Safety 

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

be performed in accordance with the Manufacturer's Manuals and any applicable manufacturer 

Safety Bulletins. Further, as required by JMU's Ops/Flight Manuals, flights will not be 

conducted unless a pre-flight checklist covering all flight critical components of the UAS has 

been completed. JMU's Ops/Flight Manuals also contains recordkeeping requirements for 
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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 or higher level of 

safety will 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 be provided 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 U AS 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 or property not involved in the instruction. In addition, 

the student instruction flights will be conducted under the close supervision of a .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 of this 

section is to ensure the skill and competency of any PIC where the aircraft is carrying passengers 

or cargo for hire. In this case, while Instructors acting as PIC of the Flight Training Team will 

be operating UASs for a commercial purpose as part of James 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 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. 

Equivalent Level of Safety 

James Madison University will ensure and equivalent level of safety to the regulatory 

requirements of14 C.P.R. Part 61, including 14 C.P.R.§§ 61.3 and 61.113 by following the 

safety procedures provided in JMU's Ops/Flight Manuals. Specifically, the UAS Flight 

Instruction procedures and Flight Training Team protocols 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 of a 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 proficiency through written/oral examination covering all flight 

operations. 

In addition to these training and experience requirements, James Madison University has 

placed additional restrictions on its proposed UAS operations to ensure an extra margin of 

safety. The UAS will only operate in a controlled area away from persons and property not 

involved in the operation. As required in JMU's Ops/Flight Manuals, the PIC will maintain a 

500 foot buffer from non-participating personne~ as well as buildings, vessels and vehicles that 

are not part of the UAS operation being conducted. It will be flown based on VLOS at 200 feet 

AGL or below. James Madison University will provide notice and early coordination with local 
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'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 of JMU's Flight Instruction Program, ensure that UAS 

operators are competent and proficient in the UAS they are operating. Collectively, these 

procedures ensure that the proposed UAS operations can be conducted safely 

VI. PUBLIC INTEREST 

The public interest will be served by granting James Madison University's Petition for 

Exemption. Congress has established a national policy that 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) ofthe Reform Act, namely; the FAA Administrator's 

assessment of whether certain UAS may operate safely in the NAS before completion of the 

rulemaking required under Section 332 of the Reform Act. 

The proposed UAS operations in this Petition for Exemption will benefit students, 

federal, state, and local governments, and the aviation industry as a whole by pioneering UAS 

academic programs that focus on the safe integration ofUAS into the NAS. This Petition for 

Exemption offers the FAA an opportunity to 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 between the FAA and James 

Madison University that focuses on the safe promotion ofbest practices for training and 

qualification needs specific to the UAS industry. 

The proposed UAS operations in this Petition for Exemption will also improve safety and 

reduce risk by alleviating the public's exposure to danger associated with student flight training 

utilizing full size fixed-wing aircraft and rotorcraft. The UASs Petitioner intends to use are 

battery powered and create no emissions. Moreover, in the unlikely event that one ofPetitioner's 

UASs crash, there is no fuel to ignite and explode. Any accident involving Petitioner's 

lightweight UASs will present significantly less danger to the pilot and other individuals on the 

ground than one involving a full size helicopter. 

VII. PRlV ACY 

All James Madison University UAS operations shall be conducted in accordance with 

applicable federa~ state, or local laws regarding privacy. James Madison University will not 

conduct flight operations over property that it does not own or control without the prior consent 

and knowledge ofthe property owner. 

VIII. 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 sections in Title 14 of the Code of 

Federal Regulations: 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). 
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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, or other methods. 

IV. CONCLUSION 

James Madison University's Petition for Exemption satisfies the criteria articulated in 

Section 333 of the Reform Act of2012 including weight, speed, operating capabilities, 

proximity to 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 between the 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 of the foregoing, James Madison University's Petition for Exemption 

provides the FAA with more than adequate justification for granting of the requested 

exemptions (and blanket COA for operations occurring under 200' AGL) allowing James 

Madison University to perform commercial operations as part of James Madison University's 

daily campus operations and the UA V Design and Utilization Program. 

Should you have any questions, or if you 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 

4V A Coordinator 

College ofEducation 

Phone:(540)568-6093 

Fax: (540) 568-7100 

Web: http://sites.jmu.edu/jmudroneschallenge/ 

Email: swaynedd@jmu.edu 
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X. ATTACHMENTS 

The following attached items contain proprietary and commercial information exempt from 

disclosure under the Freedom oflnformation Act, 5 U.S. C. § 522 et seq., and should be held in a 

separate file pursuant to 14 C.F.R. § 11:35(b). 

Attachment A: JMU DJI Flamewheel F450UAS User Manual 

Attachment B; JMU Parrot AR. Drone User Manual 

Attachment C: JMU DJI Phantom 3 'Professional' UAS Quick Start Guide 

Attachment D: JMUDJIPhantom2 'Vision Plus' User Manual 

Attachment E: Smart Flight Battery Safety Guidelines 

Attachment F: PhantomPilotTrainingGuide