# SMU.

Office of LegalAffairs

U.S. Department ofTransportation Docket Management System 1200 NewJersey Avenue Southeast Washington, DC 20590 September 11, 2015

RE: Petition ofSouthernMethodistUniversity ("Petition") for an Exemption Pursuant to Section 333 ("Section 333") ofthe FAA Modernization and Reform Act of 2012 (the "Reform Act") To Whom It May Concern: Pursuantto Section 333 ofthe Reform Act and 14 C.F.R. Part 11, Southern Methodist University ("SMU") hereby applies for an exemption from the Federal Aviation Regulations identified below, to allow commercial operation ofsmall unmanned aerial systems ("UAS") to conduct controlled flights for aerial videography offootball practices and parts ofthe SMU campus for coaching and recruiting purposes, so long as such operations are conducted within and under the conditions outlined inthis Petition or as may be established by the Federal Aviation Administration ("FAA") as required by Section 333. As described more fully below, the requested exemption wouldpermitthe operation of small, unmanned, and relatively inexpensive UAS under controlled conditions inthe national airspace system ("NAS") that is 1) limited, 2) predetermined, and 3) controlled as to access. Approval ofthis exemptionwould thereby enhance safety and fulfill the Secretary of Transportation's (the FAA Administrator's) responsibilities to "

... establish requirements for the safe operation ofsuch aircraft systems inthe national airspace system." 1
The material submitted in support ofthis Petition is submitted as confidential documents pursuant to 14 C.F.R. Section 11.35(b) because the materials contain either or both confidential commercial orproprietary informationthat SMUhas not and will not share with others. In addition, these confidential 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. Section 552, 

### etseq.

1Reform Act§ 333(c).

Southern Methodist University PO Box 750132 Dallas TX 75275-0132 214-768-3233 Fax 214-768-1281Foryour convenience, this Petition is organized as follows: 

### TABLE OF CONTENTS I. BACKGROUND AND DESCRIPTION OF PETITIONER.............................................3 II. DESCRIPTION OF PROPOSED OPERATION ...............................................................3 III. RELEVANT STATUTORY AUTHORITY........................................................................4 IV. SMU'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 THAT SMU'S FOOTBALL PROGRAM IS IMPOSING

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

### V. REGULATIONS FROM WHICH EXEMPTION IS SOUGHT.......................................8 A. 14 C.F.R. PART21, SUBPARTH-AIRWORTHINESS CERTIFICATES AND 14 C.F.R. § 91.203(A)(l) 9 B. 14 C.F.R. PART27 AIRWORTHINESS STANDARDS: NORMALCATEGORYROTORCRAFT

...... 10 C. 14 C.F.R. §§ 91.9(c), 45.23(B) AND 45.27(A): AIRCRAFT MARKING AND IDENTIFICATION REQUIREMENTS

.......................................................................................................................... 10 D. 14 C.F.R. §§ 91.405(A), 91.407(A)(l), 91.409(A)(l) AND (2); 91.417(A) AND (B): MAINTENANCE INSPECTIONS

............................................................................................................................... 11 E. 14 C.F.R. §§ 61.23(A) AND (c), 61.113, 61.101(E)(4) AND (5), 61.315: PRIVATE, RECREATIONAL AND SPORT PILOTMEDICAL CERTIFICATE, PRIVILEGES AND LIMITATIONS

................................ 12 F. 14 C.F.R. § 91.7(A): CIVIL AIRCRAFT AIRWORTHINESS

...................................................... 13 G. 14 C.F.R. § 91.9(B)(2), AND 91.203(A) AND (B): CIVILAIRCRAFT FLIGHTMANUAL IN THE AIRCRAFT AND 91.203(A) AND (B): CARRYING CIVIL AIRCRAFT CERTIFICATION AND REGISTRATION 13 H. 14 C.F.R. § 91.103: PREFLIGHT ACTION

............................................................................. 14 I. 14 C.F.R. § 91.109(A): FLIGHT INSTRUCTION

..................................................................... 14 J. 14 C.F.R. § 91.119(c): MINIMUM SAFE ALTITUDES OVER OTHERTHAN CONGESTED AREAS15 K. 14 C.F.R. § 91.121: ALTIMETER SETTINGS

.......................................................................... 16 L. 14 C.F.R. § 91.151(A): FUEL REQUIREMENTS FOR FLIGHT INVFRCONDITIONS

................ 17 M. 14 C.F.R. §§ 91.215(A) AND (B); 91.131(D): ATC TRANSPONDER AND ALTITUDE REPORTING EQUIPMENT AND USE

.................................................................................................................. 17 

### VI. DRUG AND ALCOHOL PROGRAM...........................................................................18 VII. PUBLIC INTEREST........................................................................................................18 VIII. PRIVACY..........................................................................................................................19 IX. FEDERAL REGISTER SUMMARY.................................................................................19 X. CONCLUSION.....................................................................................................................19 2I. 

### Background and Description ofPetitioner
SMU is celebrating the centennial ofits founding in 1911 and its opening in 1915. Itis a private university dedicated to educating students to have an impact ontheirprofessions and communities and the world. Students benefit from small classes, research opportunities and leadership development. SMU is strengthened by its partnership with the Dallas region, a center ofcommerce and culture. SMU offers undergraduate, graduate, and professional programs through seven schools: humanities and sciences, business, arts and communications, engineering, education and human development, law and theology. SMU emolls more than 11,000 students from all 50 states, the District ofColumbia, and nearly 100 foreign countries. Students represent diverse geographic, economic, ethnic and religious backgrounds. SMU is nonsectarian in its teaching and committed to academic freedom and open inquiry. SMU's Department ofAthletics (the "Department") began intercollegiate competition in 1915 and currently sponsors 17 sports inthe National Collegiate Athletic Association, Division I, including football. Itis the only Division I Football Bowl Subdivisionprogram in Dallas. The Department is anintegral part ofthe institution and its educational programs. SMU is committed to maintaining an athletics program thatreflects the attitudes and values underlying SMU's overall mission: integrity, academic excellence, leadership, equity, diversity and success. The ability to operate UAS would benefitthe Department as a whole and the football team in particular. Forthese reasons, SMU seeks an exemption for commercial operations ofsmall UAS for the purpose ofgathering footage offootball practices and campus for coaching and recruiting purposes. In accordance with 14 C.F.R. § 11.81(a), SMUprovides the following information in support ofits Petition for Exemption. The contact information for the Petitioner is as follows: Pauli. Ward Vice President for Legal Affairs and Government Relations, General Counsel and Secretary Southern Methodist University 6425 Boaz Lane Dallas, TX 75205 (214) 768-1551 paul.ward@smu.edu



### II. Description ofProposed Operation
SMU seeks an exemptionpursuantto Section 333 ofthe Reform Actto operate the DJI Phantom 2 Vision+ andthe DJI Inspire 1 for the proposed operations discussed below. All UAS operations will occurunder tightly controlled conditions at locations where SMU is the
3landowner or controller oftheproperty. The proposed UAS operations will be conducted in accordance with the conditions and limitations ofthis Petition for Exemption. As detailed inthe SMU's Operational Restrictions (the "Operational Restrictions") described below, all UAS operations will be limitedto daytime hours, VFR conditions, withinthe visual line ofsight ("VLOS") ofthe operator and/or visual observers ("VO"). SMU is located intheNAS, Class "B" and within five miles ofDallas Love Field Airport; however, the Operational Restrictions incorporate redundant safeguards to assure that the UAS does nottravel outside the controlled areas ofUAS operations. A. Aerial videography offootball practice for coaching purposes SMU will use the DJI Phantom 2 Vision+ to gather footage from football practices inthe Gerald J. Ford Stadium (onnon-game days) and Pettus Practice Field both located onthe SMU main campus. SMU will use the footage for coaching purposes to give better direction to the football team. SMU would obtainthe consent ofall players and personnel in the stadium and practice field inthe vicinity in which the UAS may operate. B. Aerial videography ofthe campus for recruiting purposes SMU will use the DJI Inspire 1to gather footage ofthe SMU campus and football facilities. SMU will use the footage for the production ofvideos and materials for the purpose of recruiting players for the football team. SMU would obtainthe consent ofall players and personnel inthe stadium andpractice field inthe vicinity in whichthe UAS may operate.



### III. Relevant Statutory Authority

This Petition for Exemption is submittedpursuantto Section 333(a) through (c) ofthe Reform Act. Congress has directed the FAA "to safely accelerate the integration ofcivil unmanned aircraft systems into the national airspace system." Pursuantto Section 333 ofthe Reform Act, the FAA Administrator is to permitUAS to operate inthe NAS where itis safe to do so based on the following considerations: 1. The UAS's size, weight, speed and operational capability; 2. Operation ofthe UAS in close proximity to airports and populated areas; and 3. Operation ofthe UAS withinthe VLOS ofthe operator. Additionally, the FAA Administrator has general authority to grant exemptions from the agency's safety regulations and minimum standards whenthe Administrator decides a requested exemption is inthe public interest. See 49 U.S.C. § 106(f) (defining the authority ofthe Administrator); 49 U.S.C. § 44701(f) (permitting exemptions from§§ 44701(a), (b) and§§ 44702-44716, etseq.). A partyrequesting an exemptionmust explainthe reasons why the

4exemption: (1) would benefitthe public as a whole, and (2) would not adversely affect safety (or how itwouldprovide a level ofsafety at least equal to the existing rules). See 14 C.P.R. § 11.81 (petitions for exemption).



### IV. SMU's Proposed UAS Operations Meet the Requirements ofSection 333 ofthe Reform Act
SMU's proposed operations inthis Petition for Exemption qualify for expedited approval viathe summary grantprocess pursuant to Section 333 ofthe Reform Act, as each ofthe statutory criteria and relevant factors are satisfied. 

### A. Approvalis Warranted Based on the UAS's Size, Weight, Speed, and Operational Capability
A Grant ofExemption is appropriate for operations conducted using the DJI Phantom 2 Vision+ and the DJI Inspire 1 due to their size, weight, speed, and operational capability. 1. The DJI Phantom 2 Vision+ and the DJI Inspire 1have been approved for use in prior Grants ofExemption from the FAA's rules and regulations? 2. The DJI Phantom 2 Vision+ andthe DJI Inspire 1 weigh less than 55 pounds, including payload. 3. The DJI Phantom 2 Vision+ andthe DJI Inspire 1 will not be flown at a ground speed in excess of50 knots. 4. Altitude information will be generated by equipment onboardthe UAs as specified using GPS triangulation, digitally encoded barometric altimeter, radio altimeter, or any combinationthereof. This information will be transmitted to the PIC via telemetric data feed. 5. The DJI Phantom 2 Vision+ and the DJI Inspire 1will have systemredundancies and independent functionality to ensure the overall safety andpredictability ofthe system. Ifconnectionto the remote control or ground control station is lost, failsafe systems will permitthe UAS to return to a predetermined location and safely land without injury or damage. 6. The radio frequencies used for operations and control ofthe UAS comply withthe Federal Communications Commission ("FCC") and other appropriate government oversight agency requirements.

2 See Grant ofExemption No. 12369 to Mark Paulson (FAA-2015-1092); Grant ofExemptionNo. 12370 to Unmanned Systems Legal Association, LLC (FAA-2015-1975); Grant ofExemptionNo. 12344 to From Above RC (FAA-2015-1289); Grant ofExemptionNo. 12329 to GD LLC (FAA-2015-1779); and Grant ofExemptionNo. 12193 to Caleb Alan McDow, LLC (FAA-2015-1605). 5B. Approval is Warranted Based on the Operational Restrictions that 

### SMU's Football Program is Imposing
The proposed UAS operationwill be conducted safely to minimize risk to the NAS orto persons and property onthe ground. SMU proposes that the exemption apply to civil aircraft that operate withinthe Operational Restrictions that SMU agrees adhere to, and whichwill ensure an equivalent or higher level ofsafety to operations conducted under current regulatory guidelines: 1. Each UAS weighs less than 55 pounds, including payload. 2. All operations will be conducted overprivate or controlled-access property that is owned and controlledby SMU. 3. Each UAS that operates under the Grant ofExemptionwill be identified by serial number, registered in accordance with 14 C.F.R. part47, and have identification (NNumber) markings in accordance with 14 C.F.R. part 45, Subpart C. Markings will be as large as practicable. 4. Minimum crew for each flight operationwill consist ofa pilot, who will be Pilot-inCommand ("PIC") ofthe UAS, and one ormore VOs as necessary to safely conduct the mission. 5. Each UAS will be operated within VLOS ofthe PIC and VO at all times. The PIC mustuse humanvision unaided by any device otherthan corrective lenses. 6. The PIC and VO designated for any operationwill be able to communicate verbally at all times. 7. Electronic messaging ortexting will not bepermitted during flight operations. 8. The additional requirements identified inthe Grant ofExemptionwill be added to the Operational Restrictions. Ifa discrepancy exists betweenthe conditions and limitations inthe Grant ofExemptions and the Operational Restrictions, the conditions and limitations inthe Grant ofExemption will take precedence and must be followed. Otherwise, SMU will follow the procedures ofits Operational Restrictions. 9. The PIC is prohibited from beginning a UAS flight unless (considering wind and forecast weather conditions) there is enoughpowerto fly to the first intended point of landing, and assuming normal cruising speed, to fly after that for at least 10 minutes. 10. Maximumtotal flight time for each operational flight using the DJI Phantom 2 Vision+ andthe DJI Inspire 1 will be limited to the amount oftime the UAS canbe flown and still maintain a reserve battery power ofno less than 25%. 11. Flights will be operated at an altitude ofno more than 200 feet above ground level ("AGL"). 12. Flights will be operated at a lateral distance ofat least 500 feet from any inhabited structures, buildings, vehicles, vessels, or people not associated withthe operation unless:

6a. There are barriers or structures that sufficientlyprotect nonparticipating persons from the UA and/or debris inthe event ofan accident. The operator must ensure that nonparticipating persons remainunder suchprotection. Ifa situation arises where nonparticipating persons leave suchprotection and are within 500 feet ofthe UAS, flight operations must cease immediately and/or; b. The aircraft is operated near vessels, vehicles, or structures where the owner/controller ofsuch vessels, vehicles, or structures has granted permission and the PIC has made a safety assessment ofthe risk ofoperating closer to those objects and determined that it does notpresent anundue hazard, and; c. Operations nearerto the PIC, VO, operator trainees or essential persons do not present an undue hazard to those persons per § 91.119(a). 13. The UAS may notbe operated less than 500 feet below orless than 2,000 feet horizontally from a cloud or when visibility is less than three square miles from the PIC. 14. Because SMU is located within five nautical miles ofDallas Love Field Airport, SMU will obtain a letter ofagreement withthe airport's management. The letter of agreement withthe airport management will be made available to the Administrator upon request. 15. Priorto each flight the PIC will inspect the UAS to confirmthat it is in a condition safe for flight. The pre-flight inspection will account for all discrepancies, e.g., inoperable components, items, or equipment. The PIC will not operate the UAS ifthe inspection reveals a conditionthat affects the safe operation ofthe UAS until the necessary maintenance has beenperformed and the UAS is found to be in a condition for safe flight. The ground control station will be included inthe preflight inspection. All maintenance and alterations must be properly documented in each UAS' records. 16. Maintenance, inspection, and alterations will be noted in each UAS' records, including total time in service, description ofwork accomplished, and the signature of the authorizedpersonreturning the UAS to service. 17. Any UAS thathas undergone maintenance or alterations that affect the UAS operation or flight characteristics (e.g., replacement ofa flight critical component) mustundergo a functional test flight. The PIC who conducts the functional test flight must make an entry inthe UAS' aircraftrecords ofthe flight. 18. EachUAS will be operated and maintained according to the Manufacturer's Manuals3 and any required manufacturer Safety/Service Bulletins.

3 DJI Phantom Vision 2+: http://download.djiinnovations.com/downloads/phantom 2 vision plus/en/Phantom 2 Vision Plus User Manual vl.8 en.pdf; DJI Inspire 1: http://download.dji-innovations.com/downloads/inspire lien/Inspire 1 User Manual vl.2 en.pdf. 719. All required permissions and permits will be obtained from territorial, state, county or cityjurisdictions, including local law enforcement, fire or other appropriate governmental agencies. 20. Ifa UAS loses communication withthe PIC, the UAS will have the capability to return to a pre-determined location withinthe operational area and land safely. 21. Contingency plans will be inplace to safely terminate flight ifthere is a loss of communicationbetweenthe PIC and the VO. 22. Each UAS will have the capabilityto safely abort flight inthe case ofunpredicted obstacles or emergencies. 23. Priorto conducting operations for filming, the PIC will have accumulated and logged, in a manner consistent with 14 C.F.R. § 61.51(b), a minimum of 10 hours logged as a UAS PIC operating the make and model ofUAS to be utilized for operations under the exemption and thirty take-offs andthirty landings inthepreceding 90 days. 24. Operations will occur during daytime hours, VFRMeteorological Conditions; flights under Special Visual Flight Rules will notbe conducted. 25. EachUAS will remain clear and yield the right ofway to all othermanned operations and activities at all times (including, butnot limitedto, ultralightvehicles, parachute activities, parasailing activities, hang gliders, etc.). 26. UAS Operations under Instrument Flight Rules, at night, orbeyondVLOS are prohibited. 27. No UAS will be operated from an elevated platform ormoving device/vehicle. 28. Before conducting operations, the radio frequency spectrum used for operation and control ofeachUAS will complywith FCC or other appropriate government oversight agency requirements.

V. Regulations from Which Exemption is Sought
The Federal AviationAct (the "Act") expressly grants the FAAthe authority-to issue exemptions. This statutory authority, by its terms, includes exempting civil aircraft, as the term is defined under§ 40101 ofthe Act, including UASs, from the safety regulations and minimum standards under the Act, whenthe Administrator decides a requested exemptionis inthe public interest.4
SMU seeks an exemption from several interrelatedprovisions ofpromulgatedunderthe Act, including 14 C.F.R. Parts 21, 45, 61, and 91 for purposes ofconducting the requested operations using a UAS. Listedbelow 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

4 See 49 U.S.C. § 4470l(f) (authorizing the Grant ofExemptions from requirements ofregulations prescribed pursuant to Sections 4470l(a) and (b) and Sections 44702-44716). 8established which will ensure a level ofsafety better than or equal to the rules from which exemption is sought.5 

### A. 14 C.F.R. Part21, SubpartH- Airworthiness Certificates and 14 C.F.R. 

### § 91.203(a)(1)
The FAAhas stated that no exemption is needed from this section ifa finding is made under the Reform Actthat the UAS selectedprovides an equivalent level ofsafety when compared to aircraft normally used for the same application. These criteria are met, and therefore no exemption is needed.6 If, however, the FAA determines that there are some characteristics ofthe chosenUAS that fail to meet the requirements ofthe Reform Act, an exemption is requested. 

### EquivalentLevelof Safety SMU's use ofthe DJI Phantom 2 Vision+ and the DJI Inspire 1 is safe whentaking into accounttheir size, weight, speed, and operational capability. As set forth inthe description of proposed operations in Section IV (A), the DJI Phantom 2 Vision+ and the DJI Inspire 1 weigh less than 55 pounds, including payload and will notbe flown at a ground speed inexcess of50 knots. Each UAS is equipped with safety features that will allow Petitioner to operate each UAS safely after experiencing certain in-flight contingencies or failures. 7 Additionally, each UAS will (1) carry neitherpilots norpassengers, (2) carry no explosive materials or flammable liquid fuels, and (3) operate exclusively withinthe parameters stated inthe Operational Restrictions. Operations conducted underthis exemptionwill 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 ofoperation. In all cases, operation ofthe DJI Phantom 2 Vision+ and the DJI Inspire 1under the proposed conditions will be at least as safe as, or safer than, conventional rotorcraft operating with an airworthiness certificate. Lastly, no UAS will need a means to communicate with other aircraft or air traffic controller ("ATC"), because the PIC and VO, who are not onboard the UAS, will possess those capabilities. 8 In addition, no sense-and-avoidtechnology is necessary for any UAS because each

5 See 14 C.F.R. § 11.81(e), whichrequires a petition for exemptionto include: the reasons why granting the exemption would not adversely affect safety, orhow the exemption wouldprovide a level ofsafety at least equal to thatprovidedby the rule from whichyou seek exemption. 6 See Grant ofExemption to Astraeus Aerial (FAA-2014-0352 at 13-14, 22) [hereinafter "Grant ofExemptionto Astraeus Aerial"]. 7 See e.g., Grant ofExemptionNo. 11138 to Douglas Trudeau (FAA-2014-0481 at 12): "Thepetitioner's [DJI Phantom 2 Vision+] has the capability to operate safely after experiencing certain in-flight contingencies orfailures and uses an auto-pilot systemto maintainUAS stability and control. The UAS is also able to respond to a loss ofGPS or a lost-link event withprecoordinated automated flight maneuvers. These safety features provide an equivalent level of safety comparedto a manned aircraft holding a restricted airworthiness certificate performing a similar operation

...." 8 See Grant ofExemptionto Astraeus Aerial at 13. 9will be operated at all times inVFR conditions and withinVLOS ofthe PIC and V0. 9 B. 14 C.F.R. Part 27 Airworthiness Standards: Normal Category Rotorcraft
Title 14 C.P.R. Part 27 sets forth the procedural requirements for airworthiness certification ofnormal category rotorcraft. To the extent that each UAS operated by SMU would otherwise require certificationunder Part 27, Petitioner seeks an exemption from Part 27's airworthiness standards for the same reasons identified inthe request for exemption from 14 C.P.R. Part 21, Subpart H, 

### supra. C. 14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a): Aircraft Marking and Identification Requirements
SMU seeks an exemption from the aircraft marking and identificationrequirements contained in 14 C.P.R. Parts 91.9(c), 45.23(b) and 45.27(a).

• 14 C.P.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.P.R.§ 45.23(b), Markings oftheAircraft, 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 operatormust also display on that aircraft near each entrance to the cabin, cockpit, orpilot station, inletters not less than 2 inches nor more than 6 inches high, the words "limited," "restricted," "light-sport," "experimental," or "provisional," as applicable.

• 14 C.P.R.§ 45.27(a), Rotorcraft, states: Each operator ofa rotorcraft must display onthat rotorcraft horizontally onboth surfaces ofthe cabin, fuselage, boom, ortail the marks required by§ 45.23. Inprior Grants ofExemption, the FAAhas determinedthat exemption from these requirements was warranted providedthatthe aircraft "have identification (N-Number) markings in accordance with 14 C.P.R. Part 45, Subpart C ifthe markings are as large as practicable." 10

9 !d. airworthiness standards for the same reasons identified in the request for exemption from 14 C.F.R. Part 21, Subpart H, supra. 10 See Grant ofExemptionto Astraeus Aerial. 10

### EquivalentLevelof Safety Each UAS flown by SMU will bear N-number markings that are as large as practicable in accordance with 14 C.F.R. Part 45, Subpart C.ll 

### D. 14 C.F.R. §§ 91.405(a), 91.407(a)(l), 91.409(a)(l) and (2); 91.417(a) and (b): MaintenanceInspections
SMU seeks an exemption from the maintenance inspectionrequirements contained in 14 C.F.R. §§ 91.405(a), 91.407(a)(l), 91.409(a)(l) and (2); 91.417(a) and (b). These regulations specify maintenance and inspection standards inreference to 14 C.F.R. Part 43. 12 An exemption from these regulations is needed because Part 43 and these sections only apply to aircraft with an airworthiness certificate; each UAS to be operated underthis Grant ofExemption will nothave an airworthiness certificate. 

### EquivalentLevelof Safety An equivalent level ofsafety will be achieved because maintenance and inspections will be performed in accordance withthe Manufacturer's Manual and any required manufacturer Safety or Service Bulletins. Further, as required by the Operational Restrictions, the PIC will conduct apre-flight inspection ofeach UAS operated bythe PIC and all associated equipmentto account for all discrepancies and/or inoperable components. Maintenance will be performed and verified to address any conditions potentially affecting safe operation ofeach UAS and no flights will occurunless, and until, all flight critical components ofeach UAS has been found to be airworthy and in a condition safe for operation. A functional test flight will be conducted following the replacement ofany flight-critical components. As required bythe Operational Restrictions, the PIC who conducts the functional test flight will make an entry inthe UAS aircraft records ofthe flight. The Operational Restrictions also include requirements to follow eachUAS's manufacturer's maintenance, overhaul, replacement, inspection, and life limit requirements for the aircraft and aircraft components. Moreover, the Operational Restrictions also include procedures to document and maintain a record ofthe maintenance, preventative maintenance, alterations, status ofreplacement/overhaul componentparts, andthe total time in service ofeach UAS used under this Grant ofException. As a whole, the maintenance and inspection procedures required bythe Operational Restrictions ensure that an equivalent or higher level of safety will be achieved.

11 See id. at 14. 12 See, e.g., 14 C.F.R. 91.405(a) (statingthat each owner or operator ofan aircraft "[s]hall have the aircraft inspected as prescribed in subpart E ofthis part and shall between required inspections

...have discrepancies repaired as prescribed in part 43 ofthis chapter."). 11E. 14 C.F.R. §§ 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
SMU seeks exemption from these sections, which restrict private pilot certificate holders from flying aircraft for compensation or hire, and would also require a second class medical certificate. The purpose ofSection 61 is to ensure that the skill and competency ofany PIC matches the airspace in which the PIC will be operating, as well as required certifications ifthe private pilot is carrying passengers or cargo for hire. Inthis case, while eachUAS will be operated as part ofa commercial operationby SMU, the UAS will carry neitherpassengers nor cargo. In the Grant ofExemptionNo. 11062 to Astraeus Aerial, 13 the FAA determined that the unique characteristics ofUAS operation outside ofcontrolled 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 ofthe additional requirements for a private pilotto be become certified as a commercial pilotwould not lead to any additional safety benefits whenUAS operations are involved. EquivalentLevelof Safety The restrictions SMUhas placed onits UAS operations meet or exceed the restrictions similarly imposed on Astraeus Aerial and other operators more recently receiving a Grant of Exemption. SMU will operate onprivate property away from persons and property not involved inthe operation. SMU will also obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or Authorization (COA) prior to conducting any operations under a Grant ofExemption. All operations will be conducted in accordance with airspace requirements inthe ATO-issued COA including class ofairspace, altitude level and potential transponderrequirements. In addition to these flight restrictions, SMU will further ensure safe operationby requiring that any PIC be thoroughly versed not only in airspace and communicationissues pertaining to all aircraft operators but also inthe unique aspects ofUAS flight. As set forth in the Operational Restrictions, PICs will have experience not only in UAS operations generally but have logged flight time in the specific make and model used for the operations before they are permitted to participate in commercial flights onbehalfofSMU. The pilot qualification, training, and currency requirements inthe Operational Restrictions ensure that SMU'sPICs are competent andproficient in the UAS they are operating. SMU'straining and qualification requirements are consistent withthose contained inprior FAA-issued Grants ofExemption, and will provide a higher level ofcompetency and proficiency for its PICs and will ensure at least an equivalent level ofsafety.

13 See Grant ofExemption to Astraeus Aerial. 12F. 14 C.F.R. § 91.7(a): CivilAircraft Airworthiness Althoughthere will be no airworthiness certificate issued for the any UAS operated by SMU, SMU seeks an exemption from 14 C.F.R. § 91.7(a), which requires that a civil aircraftbe in an airworthy condition to be operated. The FAAhas stated that no exemptionis required for 14 C.F.R. § 91.7(a) to the extent thatthe requirements ofPart 21 are waived or found inapp1icable. 14 Accordingly, Petitionerrequests thatthe requirements for§ 91.7(a) be treated in accordance with Section V(A), 

### supra. G. 14 C.F.R. § 91.9(b)(2), and 91.203(a) and (b): 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 operatorto carry airworthiness documents and other aircraft manuals on boardthe aircraft. Pursuantto 14 C.F.R. § 91.9(b)(2): (b) No person may operate a U.S.-registered civil aircraft- (2) Forwhich an Airplane orRotorcraft Flight Manual is required by § 21.5 of this chapter, unless there is available inthe aircraft a current approved Airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any combination thereof. Pursuantto 14 C.F.R. § 91.203(a) and (b): (a) Except as provided in§ 91.715, no personmay operate a civil aircraftunless it has within itthe following: (1) An appropriate and current airworthiness certificate

... (b) No person may operate a civil aircraft unless the airworthiness certificate required byparagraph (a) ofthis section or a special flight authorization issued under§ 91.715 is displayed atthe cabin or cockpit entrance so that it is legible to passengers or crew. Giventhe small size and configuration ofeachUAS, it would be impossible to keep airworthiness documents and other aircraft manuals onboard a UAS because there is simply no room and a UAS has no cabin or cockpit. EquivalentLevelof Safety

14 See id. at 13-14, 22. 13In 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 ifthe PIC 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. 15 As this FAA Office ofChiefCounsel Opinion clarifies, the intent ofthe rule is to ensure the pilothas access to these key documents during flight. Therefore, an equivalent level ofsafety will be achieved by ensuring that the pilot has access to the documents at the group control station from which he or she is piloting the UAS. 16


### H. 14 C.F.R. 

### § 91.103: Preflight Action
SMU seeks an exemption from 14 C.F.R. § 91.103, whichrequires a PIC to become familiar with specific informationbefore each flight, including information contained inthe FAA-approved Flight Manual on board the aircraft. While the PIC will be familiar with all informationnecessary to safely conductthe flight, an exemption is requested to the extent that an FAA-approved Flight Manual is required. 

### EquivalentLevelof Safety Adherence to the requirements inthe operating documents will ensure that each UAS operated by SMU is in an airworthy conditionpriorto flight. The PIC will perform a series of checklists designed to identify any defects or inoperable components, which cover pre-flight, take-off, landing andpost-flightprocedures. The PIC will also be required to review weather, flight requirements, battery charge, landing and takeoffdistance, UAS performance data, and contingency landing areas-before initiation offlight. SMU's operating documents will bekept at the ground control station and will be accessible to the PIC at all times while the PIC is operating the UAS. 

### I. 14 C.F.R. 

### § 91.109(a): FlightInstruction
SMU seeks an exemption from 14 C.F.R. § 91.109(a), whichprovides inpertinentpart that "[ n]o person may operate a civil aircraft (except a manned free balloon) that is being used for flight instructionunless 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

15 Memorandum from Mark Bury, FAA Assistant ChiefCounsel for International Law, Legislation and Regulation, to John Duncan, FAA Flight Standards Service (Aug. 8, 2014); see also Grant ofExemptionto Astraeus Aerial at 16-18. 16 See also Exemption No. 11213 to Aeryon Labs, Inc. (FAA-2014-0642 at 11): The petitioner requestedrelieffrom 14 C.F.R. § 91.9(b)(2): Civil aircraft flight manual, marking, and placardrequirements and§ 91.203(a) and (b): Civil aircraft: Certifications required. The FAA has previously determinedthatrelieffrom these sections is not necessary. See ExemptionNo. 11062. Relevant materials may be kept in a location accessible to the PIC in compliance with the regulations. 14accomplished throughthe use ofa device that communicates withthe aircraft viaradio communications. Accordingly, an exemption will be required for the flight instruction requirements of 14 C.F.R. § 91.109(a). EquivalentLevelof Safety Given the size and speed ofeach UAS that SMU intends to use, an equivalent level of safe training can still be performed without dual controls because no pilot orpassengers are aboard the UAS, and as required bythe Operational Restrictions, all persons will be a safe distance away in the eventthatthe UAS experiences any difficulties during flight instruction. Moreover, as required bythe Operational Restrictions, all flight training will be conducted in controlled and sterile environment. As a whole, the safety procedures provided for inthe Operational Restrictions ensure that the proposed UAS operations provide an equivalent or higher level ofsafety thanthatprovided by the flight instructionregulations. J. 14 C.F.R. § 91.119(c): Minimum Safe Altitudes Over Other Than Congested Areas
SMU requests an exemption from the minimum safe altitude requirements of 14 C.F.R. § 91.119(c). 17 Section 91.119 prescribes the minimum safe altitudes under which aircraft may not operate, including 500feet above the surface and away from any person, vessel, vehicle, or structure innon-congested areas. See 14C.F.R. § 91.119(c). Section 91.119(d) allows for a helicopter to operate at less than those minimum altitudeswhen it can be operated "without hazard to persons orproperty onthe surface," provided that "eachpersonoperating the helicopter complies with any routes or altitudes specifically prescribed for helicopters bytheFAA." An exemption is required because SMU's proposed UAS operations will normally need to occurbelow 200 feet AGL. Additionally, due the nature ofthe proposed operations, the PIC and/or VO(s) may need to be less than 500 feet away from the UAS. EquivalentLevelof Safety Comparedto flight operations withrotorcraft weighing far more thanthe maximum weights proposed herein, and giventhe lack offlammable fuel with a UAS, any risk associated with these operations is far less than those thatpresently exist with conventional aircraft. An equivalent level ofsafety will be achieved given the size, weight, and speed ofeach UAS, as well as the controlled location where the operations will occur. In orderto avoid any risk to manned aircraft, flight operations will be restricted to 200 feet AGL orbelow As set forth inthe Operational Restrictions, each UAS will be operated in a restricted area, and all flights will be operated at a lateral distance ofat least 500 feet from any nonparticipating persons, unless thatperson is in a position where he or she is shielded from the

17 Relieffrom§ 91.119(a) will notbe necessary because Petitioner will be able to perform an emergency landing without undue hazardto persons or property on the ground in the event ofa failure. Petitioner's proposed UAS operations will not occur over congested areas, and therefore an exemption from§ 91.119(b) will notbe necessary. See e.g., Grant ofExemptionNo. 11157 to Slug wear, Inc., dba Like on a tree Aerial (FAA-2014-0534 at 15). 15UAS and any possible debris resulting from UAS failure. As required bythe Operational Restrictions, flights will be terminated ifa nonparticipating person within 500 feet ofthe UAS leaves a shieldedposition. Further, UAS operations will occur at least 500 feet away from vehicles or structures unless the property owner/controller has granted permission and the PIC has made a safety assessment ofthe risk ofoperating closer to those objects and, operations near the PIC or VO will notpresent an undue hazard per§ 91.119(a). Adherence to these restrictions in the elevation ofthe departure airport or barometric pressure. An exemption is required to the extentthat each UAS does not have a barometric altimeter, butrather a GPS altitude read out. The Operational Restrictions will ensure operations can be conducted without compromising safety. 18 

### K. 14 C.F.R. § 

### 91.121: Altimeter Settings
SMU seeks an exemption from 14 C.P.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 ofthe departure airport or barometric pressure. An exemption is required to the extent that each UAS does not have a barometric altimeter, butrather a GPS altitude read out. EquivalentLevelof Safety The FAA has statedthat an equivalent level ofsafety to the requirements of 14 C.F.R. § 91.121 canbe achieved in circumstances where: (1) a UAS will be operated below 400 feet AGL or below, 19 (2) withinVLOS, (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 initiationpointis established for the PIC to confirm accuracy ofthe onboard GPS. 20
EachUAS that SMU intends to use for the proposed operations will meet all these operational characteristics. Moreover, as required bythe Operational Restrictions, the PIC will be required to calibrate the aircraft's GPS compass prior to each flight operation. Like prior Grants ofExemption, each UAS that SMU intends to use, andthe safety mitigationprocedures contained inthe Operational Restrictions, ensure that an equivalent level ofsafety will be achieved, and a Grant ofExemptionto the requirements of§ 91.121 is therefore appropriate.

18 See e.g., Grant ofExemption No. 11138 to Douglas Trudeau (FAA-2014-0481 at 19): "Ifbarriers or structures are presentthat can sufficiently protectnonparticipating persons from the UA or debris in the event ofan accident, then the UA may operate closerthan 500 feet to persons afforded such protection. The operator must also ensure that nonparticipating persons remain under such protection. Ifa situation arises where nonparticipating persons leave such protection and are within 500 feet ofthe UA, flight operations must cease immediately. When considering how to immediately cease operations, the primary concern is the safety ofthose nonparticipating persons. In addition, the FAA finds that operations may be conducted closer than 500 feet to vessels, vehicles and structures when the owner/controller ofany such vessels, vehicles or structures grants permission for the operation and the PIC makes a safety assessment ofthe risk of operating closerto those objects and determines that it does not present an undue hazard." 19 Ifthe height ofthe structure being inspected exceeds 400 feet AGL, the UAS will not be operated more than 100 feet above the highest point on the structure. 20 See Grant ofExemption to Astraeus Aerial at 21. 16L. 14 C.F.R. 

### § 91.151(a): FuelRequirements for Flight in VFR Conditions
SMU requests an exemption from the fuel requirements of 14 C.F.R. § 91.151(a) for flight inVFRconditions. Section 91.151 states: (a) No person may begin a flight in an airplane under VFRconditions 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) Atnight, to fly after that for at least 45 minutes. Here, the technological limitations onUAS battery power means thatno meaningful flight operations canbe conducted while still maintaining a 30-minute battery reserve. 

### An exemptionfrom the fuel requirements of 14 C.F.R. § 91.151(a) is therefore required. 

### EquivalentLevelof Safety Relieffrom § 91.151(b) is requested to the extentrequired to allow flights ofthe battery powered DJI Phantom 2 Vision+ and DJI Inspire 1UASs during daylight hours invisual meteorological conditions ("VMC"), underVFR, for a total duration of 13.5 minutes to the first point ofintended landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes. SMU seeks the requested reliefbecause without an exemption from § 91.151(b), the flight time duration ofthe battery powered DJI Phantom 2 Vision+ and DJI Inspire 1 UASs will severely constrain the practicality ofany aerial video flight operations that SMU proposes to conductpursuantto this Petition. Significantly, as set forth below, the technical specifications ofthe DJI Phantom 2 Vision+ and DJI Inspire 1UASs, the DJI Phantom 2 Vision+ and DJI Inspire 1 operating documents, and the Operational Restrictions, ensure that SMU will safely operate thebattery powered DJI Phantom 2 Vision+ and DJI Inspire 1 UASs during daylight hours inVMC, under VFR, with enoughbattery power to fly for a total duration of 13.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes.

M. 14 C.F.R. 

### §§ 91.215(a) and (b); 91.131(d): ATC Transponder and Altitude ReportingEquipment and Use
The pertinentpart of§§ 91.215 (a) & (b) requires: "(a) All airspace: U.S.-registered civil aircraft. For operations not conducted under part 121 or 135 ofthis chapter, ATC transponder equipment installed

... (b) All airspace. Unless otherwise authorized or directed byATC, no person may operate an aircraft in the airspace described in paragraphs (b)(l) through (b)(5) of this section, unless that aircraft is equipped with an operable coded radar beacontransponder"

... This requirement applies to

17(1) All aircraft. In Class A, Class B, and Class C airspace areas; (2) All aircraft. In all airspace within 30 nautical miles ofan airport listed in appendix D, section 1 ofthispart from the surface upward to 10,000 feet MSL; Likewise, the pertinent section of91.131 (d); Operating Rule in Class B Airspace (d) other equipmentrequirements. "No personmay operate an aircraft in a Class B airspace areaunless the aircraft is equipped with (1) The applicable operating transponder and automatic altitude reporting equipment specified in § 91.215 (a)

... and (2) After January 1, 2020, the applicable Automatic Dependent Surveillance-Broadcast Out equipment specified in§ 91.225."
Because ofthe small size and limited lifting capacity ofa UAS, a UAS cannotbe fitted with and operate a transponder and automatic altitude reporting equipment specified inthese portions of §§ 91.215 (a) and (b) and 91.131 (d). An exemption from these requirements is requested. EquivalentLevelof Safety The equivalent level ofsafety can be assured using the procedures defined for the applicable Class "B" airspace. Withinthe lateral boundaries ofthe airspace, the PIC will (1) establish 2 way communications with the ATC facility havingjurisdiction for that area. The PIC will provide the location (heading and distance) relative to the center ofthe airspace andrequest clearance to "Maneuver" above that location at or below 200 feet AGL, (2) be responsible for "see and avoid" traffic conflicts and (3) at all times yield right ofway to ANY and ALL manned flight operations. All operations withintwo miles ofthe primary airport will be pre-arranged with that controlling facility. Any and all restrictions placed on the operations will be complied with so that all manned operations can be conducted withoutnegatively impacting flight safety.



### VI. Drug and Alcohol Program
SMU will havepolicies inplace to ensure that no personmayparticipate inUAS flight operations ifthey are underthe influence ofalcohol or any drug.



### VII. Public Interest
The public interest will be served by granting SMU's Petition for Exemption. Congress has established a national policy that favors early integration ofUAS into the NAS in controlled, safe working environments such as those proposed inthis Petition. Granting this Petition for Exemption helps fulfill Congress' goal inpassing Section 333(a) through (c) ofthe Reform
18Act-the FAAAdministrator's assessment ofwhether a certain UAS may operate safely inthe NAS before completion ofthe statutorily required rulemaking. The use ofsmall UASs enhance safety and reduce risk ofharm or serious injurybecause, unlike manned aircraft weighing thousands ofpounds, carrying crew in addition to flammable fuel, the UASs carry no passengers or crew. Additionally, as recognized by the FAA inprior Grants ofExemptionto filmmakers, UASs provide an additional tool for the aerial filming industry, adding a greater degree offlexibility, which supplements the current capabilities offered by manned aircraft? 1

VIII. Privacy
All SMU UAS operations will be conducted in accordance with applicable federal, state, or local laws regarding privacy. All operations will be conducted over SMU'sprivate or controlled-access property.

IX. Federal Register Summary
Pursuantto 14 C.F.R. Part 11, the following summary is provided for publication inthe FEDERAL REGISTER, should it be determined thatpublication is needed: Petitioner seeks an exemption from the following rules inTitle 14 ofthe Code ofFederal Regulations: Part 21, Subpart H; Part 27; 45.23(b); 45.27(a); 61.23(a) & (c); 61.101(e)(4) & (5); 61.113; 61.315; 91.7(a); 91.9(b)(2); 91.9(c); 91.103; 91.109(a); 91.119(c); 91.121; 91.131(d); 91.151(a); 91.203(a) & (b); 91.215 (a) & (b); 91.405(a); 91.407(a)(l); 91.409(a)(l) & (2); 91.417 (a) & (b). The exemption will enhance safetybyreducing risk to the general public and property owners from the substantial hazards associated with using conventional fixed-wing aircraft or rotorcraft for aerial videography in support ofthe SMU football program.

X. Conclusion
SMU's Petition for Exemption satisfies the criteria articulated in Section 333 ofthe Reform Act including weight, speed, operating capabilities, proximityto populated areas, operation within VLOS and national security. The proposed UAS operations will benefitthe public as a whole by improving safety and reducing riskby alleviating human exposure to danger. In consideration ofthe foregoing, this Petition provides the FAA withmore than adequatejustificationfor granting the requested exemptions allowing SMU to use small UASs for controlled flights for aerial videography to film football practices and the SMU campus for coaching and recruiting purposes.

21 See e.g., Grant ofExemption No. 11178 to Picture Factory, Inc. (FAA-2014-0794 at 18). 19We thankyou for your prompt consideration ofourrequested exemptions. Respectfully submitted,

# (p~~ Paul J. Ward Vice President for Legal Affairs and

Government Relations

20