SMU. 

Office of Legal Affairs 

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Avenue Southeast 

Washington, DC 20590 

September 11, 2015 

RE: Petition of Southern Methodist University ("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: 

Pursuant to Section 333 of the 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 of small unmanned aerial systems ("UAS") to 

conduct controlled flights for aerial videography of football practices and parts of the SMU 

campus for coaching and recruiting purposes, so long as such operations are conducted within 

and under the conditions outlined in this 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 would permit the operation of 

small, unmanned, and relatively inexpensive UAS under controlled conditions in the national 

airspace system ("NAS") that is 1) limited, 2) predetermined, and 3) controlled as to access. 

Approval of this exemption would thereby enhance safety and fulfill the Secretary of 

Transportation's (the FAA Administrator's) responsibilities to " ... establish requirements for the 

safe operation of such aircraft systems in the national airspace system." 1 

The material submitted in support of this 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 or proprietary information that SMU has 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, et seq. 

1 Reform Act§ 333(c). 

Southern Methodist University PO Box 750132 Dallas TX 75275-0132 

214-768-3233 Fax 214-768-1281 
For your 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 .......................................................................................................................... 1 0 

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 PILOT MEDICAL 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): CIVIL AIRCRAFT FLIGHT MANUAL 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 OTHER THAN CONGESTED AREAS15 

K. 14 C.F .R. § 91.121: ALTIMETER SETTINGS .......................................................................... 16 

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

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I. Background and Description of Petitioner 

SMU is celebrating the centennial of its founding in 1911 and its opening in 1915. It is a 

private university dedicated to educating students to have an impact on their professions 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 

of commerce 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 of Columbia, 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 of Athletics (the "Department") began intercollegiate competition in 

1915 and currently sponsors 17 sports in the National Collegiate Athletic Association, Division I, 

including football. It is the only Division I Football Bowl Subdivision program in Dallas. The 

Department is an integral part of the institution and its educational programs. SMU is committed 

to maintaining an athletics program that reflects the attitudes and values underlying SMU' s 

overall mission: integrity, academic excellence, leadership, equity, diversity and success. The 

ability to operate UAS would benefit the Department as a whole and the football team in 

particular. For these reasons, SMU seeks an exemption for commercial operations of small UAS 

for the purpose of gathering footage of football practices and campus for coaching and recruiting 

purposes. 

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

support of its 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 of Proposed Operation 

SMU seeks an exemption pursuant to Section 333 of the Reform Act to operate the DJI 

Phantom 2 Vision+ and the DJI Inspire 1 for the proposed operations discussed below. All UAS 

operations will occur under tightly controlled conditions at locations where SMU is the 

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landowner or controller ofthe property. The proposed UAS operations will be conducted in 

accordance with the conditions and limitations of this Petition for Exemption. As detailed in the 

SMU's Operational Restrictions (the "Operational Restrictions") described below, all UAS 

operations will be limited to daytime hours, VFR conditions, within the visual line of sight 

("VLOS") of the operator and/or visual observers ("VO"). SMU is located in theNAS, Class 

"B" and within five miles of Dallas Love Field Airport; however, the Operational Restrictions 

incorporate redundant safeguards to assure that the UAS does not travel outside the controlled 

areas ofUAS operations. 

A. Aerial videography of football practice for coaching purposes 

SMU will use the DJI Phantom 2 Vision+ to gather footage from football practices in the 

Gerald J. Ford Stadium (on non-game days) and Pettus Practice Field both located on the SMU 

main campus. SMU will use the footage for coaching purposes to give better direction to the 

football team. SMU would obtain the consent of all players and personnel in the stadium and 

practice field in the vicinity in which the UAS may operate. 

B. Aerial videography of the campus for recruiting purposes 

SMU will use the DJI Inspire 1 to gather footage of the SMU campus and football 

facilities. SMU will use the footage for the production of videos and materials for the purpose of 

recruiting players for the football team. SMU would obtain the consent of all players and 

personnel in the stadium and practice field in the vicinity in which the UAS may operate. 

III. Relevant Statutory Authority 

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

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 UAS to operate in the NAS where it is safe to 

do so based on the following considerations: 

1. The UAS's size, weight, speed and operational capability; 

2. Operation of the UAS in close proximity to airports and populated areas; and 

3. Operation of the UAS within the VLOS 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 ofthe 

Administrator); 49 U.S.C. § 44701(f) (permitting exemptions from§§ 44701(a), (b) and§§ 

44702-44716, et seq.). A party requesting an exemption must explain the reasons why the 

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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. SMU's Proposed UAS Operations Meet the Requirements of Section 333 of the 

Reform Act 

SMU' s proposed operations in this Petition for Exemption qualify for expedited approval 

via the summary grant process pursuant to Section 333 of the Reform Act, as each of the 

statutory criteria and relevant factors are satisfied. 

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

Operational Capability 

A Grant of Exemption 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 1 have been approved for use in 

prior Grants ofExemption from the FAA's rules and regulations? 

2. The DJI Phantom 2 Vision+ and the DJI Inspire 1 weigh less than 55 pounds, 

including payload. 

3. The DJI Phantom 2 Vision+ and the DJI Inspire 1 will not be flown at a ground 

speed in excess of 50 knots. 

4. Altitude information will be generated by equipment onboard the UAs as 

specified using GPS triangulation, digitally encoded barometric altimeter, radio altimeter, 

or any combination thereof. This information will be transmitted to the PIC via 

telemetric data feed. 

5. The DJI Phantom 2 Vision+ and the DJI Inspire 1 will have system redundancies 

and independent functionality to ensure the overall safety and predictability of the 

system. If connection to the remote control or ground control station is lost, failsafe 

systems will permit the UAS to return to a predetermined location and safely land 

without injury or damage. 

6. The radio frequencies used for operations and control of the UAS comply with the 

Federal Communications Commission ("FCC") and other appropriate government 

oversight agency requirements. 

2 See Grant of Exemption No. 12369 to Mark Paulson (FAA-2015-1092); Grant of Exemption No. 12370 to 

Unmanned Systems Legal Association, LLC (FAA-2015-1975); Grant ofExemption No. 12344 to From Above RC 

(FAA-2015-1289); Grant ofExemption No. 12329 to GD LLC (FAA-2015-1779); and Grant ofExemption No. 

12193 to Caleb Alan McDow, LLC (FAA-2015-1605). 

5 
B. Approval is Warranted Based on the Operational Restrictions that SMU's 

Football Program is Imposing 

The proposed UAS operation will be conducted safely to minimize risk to the NAS or to 

persons and property on the ground. SMU proposes that the exemption apply to civil aircraft 

that operate within the Operational Restrictions that SMU agrees adhere to, and which will 

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

guidelines: 

1. Each UAS weighs less than 55 pounds, including payload. 

2. All operations will be conducted over private or controlled-access property that is 

owned and controlled by SMU. 

3. Each UAS that operates under the Grant of Exemption will be identified by serial 

number, registered in accordance with 14 C.F.R. part 47, 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 operation will consist of a pilot, who will be Pilot-inCommand ("PIC") of the UAS, and one or more VOs as necessary to safely conduct 

the mission. 

5. Each UAS will be operated within VLOS of the PIC and VO at all times. The PIC 

must use human vision unaided by any device other than corrective lenses. 

6. The PIC and VO designated for any operation will be able to communicate verbally at 

all times. 

7. Electronic messaging or texting will not be permitted during flight operations. 

8. The additional requirements identified in the Grant of Exemption will be added to the 

Operational Restrictions. If a discrepancy exists between the conditions and 

limitations in the Grant of Exemptions and the Operational Restrictions, the 

conditions and limitations in the Grant of Exemption will take precedence and must 

be followed. Otherwise, SMU will follow the procedures of its Operational 

Restrictions. 

9. The PIC is prohibited from beginning a UAS flight unless (considering wind and 

forecast weather conditions) there is enough power to fly to the first intended point of 

landing, and assuming normal cruising speed, to fly after that for at least 10 minutes. 

10. Maximum total flight time for each operational flight using the DJI Phantom 2 

Vision+ and the DJI Inspire 1 will be limited to the amount of time the UAS can be 

flown and still maintain a reserve battery power of no less than 25%. 

11. Flights will be operated at an altitude of no more than 200 feet above ground level 

("AGL"). 

12. Flights will be operated at a lateral distance of at least 500 feet from any inhabited 

structures, buildings, vehicles, vessels, or people not associated with the operation 

unless: 

6 
a. There are barriers or structures that sufficiently protect nonparticipating 

persons from the UA and/or debris in the event of an accident. The operator 

must ensure that nonparticipating persons remain under such protection. If a 

situation arises where nonparticipating persons leave such protection and are 

within 500 feet of the UAS, flight operations must cease immediately and/or; 

b. The aircraft is operated near vessels, vehicles, or structures where the 

owner/controller of such vessels, vehicles, or structures has granted 

permission and the PIC has made a safety assessment of the risk of operating 

closer to those objects and determined that it does not present an undue 

hazard, and; 

c. Operations nearer to 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 not be operated less than 500 feet below or less 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 of Dallas Love Field Airport, 

SMU will obtain a letter of agreement with the airport's management. The letter of 

agreement with the airport management will be made available to the Administrator 

upon request. 

15. Prior to each flight the PIC will inspect the UAS to confirm that 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 if the 

inspection reveals a condition that affects the safe operation of the UAS until the 

necessary maintenance has been performed and the UAS is found to be in a condition 

for safe flight. The ground control station will be included in the 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 of work accomplished, and the signature of 

the authorized person returning the UAS to service. 

17. Any UAS that has undergone maintenance or alterations that affect the UAS 

operation or flight characteristics (e.g., replacement of a flight critical component) 

must undergo a functional test flight. The PIC who conducts the functional test flight 

must make an entry in the UAS' aircraft records of the flight. 

18. Each UAS 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. 

7 
19. All required permissions and permits will be obtained from territorial, state, county or 

city jurisdictions, including local law enforcement, fire or other appropriate 

governmental agencies. 

20. If a UAS loses communication with the PIC, the UAS will have the capability to 

return to a pre-determined location within the operational area and land safely. 

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

communication between the PIC and the VO. 

22. Each UAS will have the capability to safely abort flight in the case ofunpredicted 

obstacles or emergencies. 

23. Prior to 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 and thirty landings in the preceding 90 days. 

24. Operations will occur during daytime hours, VFR Meteorological Conditions; flights 

under Special Visual Flight Rules will not be conducted. 

25. Each UAS will remain clear and yield the right of way to all other manned operations 

and activities at all times (including, but not limited to, ultralight vehicles, parachute 

activities, parasailing activities, hang gliders, etc.). 

26. UAS Operations under Instrument Flight Rules, at night, or beyond VLOS are 

prohibited. 

27. No UAS will be operated from an elevated platform or moving device/vehicle. 

28. Before conducting operations, the radio frequency spectrum used for operation and 

control of each UAS will comply with FCC or other appropriate government 

oversight agency requirements. 

V. Regulations from Which Exemption is Sought 

The Federal Aviation Act (the "Act") expressly grants the FAA the authority -to issue 

exemptions. This statutory authority, by its terms, includes exempting civil aircraft, as the term 

is defined under§ 40101 of the Act, including UASs, from the safety regulations and minimum 

standards under the Act, when the Administrator decides a requested exemption is in the public 

interest.4 

SMU seeks an exemption from several interrelated provisions of promulgated under the 

Act, including 14 C.F.R. Parts 21, 45, 61, and 91 for purposes of conducting the requested 

operations using a 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 

4 See 49 U.S.C. § 4470l(f) (authorizing the Grant of Exemptions from requirements of regulations prescribed 

pursuant to Sections 4470l(a) and (b) and Sections 44702-44716). 

8 
established which will ensure a level of safety better than or equal to the rules from which 

exemption is sought. 5 

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 UAS selected provides 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. 6 If, however, the FAA determines that there are some 

characteristics of the chosen UAS that fail to meet the requirements of the Reform Act, an 

exemption is requested. 

Equivalent Level of Safety 

SMU' s use of the DJI Phantom 2 Vision+ and the DJI Inspire 1 is safe when taking into 

account their size, weight, speed, and operational capability. As set forth in the 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 not be flown at a ground speed in excess of 50 

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 neither pilots nor passengers, (2) carry no explosive materials or flammable liquid fuels, 

and (3) operate exclusively within the parameters stated in the Operational Restrictions. 

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, operation of the DJI Phantom 2 Vision+ 

and the DJI Inspire 1 under 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-avoid technology is necessary for any UAS because each 

5 See 14 C.F.R. § 11.81(e), which requires a petition for exemption to include: the reasons why granting the 

exemption would not adversely affect safety, or how the exemption would provide a level of safety at least equal to 

that provided by the rule from which you seek exemption. 6 See Grant of Exemption to Astraeus Aerial (FAA-2014-0352 at 13-14, 22) [hereinafter "Grant ofExemption to 

Astraeus Aerial"]. 7 See e.g., Grant ofExemption No. 11138 to Douglas Trudeau (FAA-2014-0481 at 12): 

"The petitioner's [DJI Phantom 2 Vision+] has the capability to operate safely after experiencing 

certain in-flight contingencies or failures and uses an auto-pilot system to maintain UAS stability 

and control. The UAS is also able to respond to a loss of GPS or a lost-link event with precoordinated automated flight maneuvers. These safety features provide an equivalent level of 

safety compared to a manned aircraft holding a restricted airworthiness certificate performing a 

similar operation .... " 8 See Grant ofExemption to Astraeus Aerial at 13. 

9 
will be operated at all times in VFR conditions and within VLOS 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 of normal category rotorcraft. To the extent that each UAS operated by SMU 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.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 identification requirements 

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 of this chapter. 

• 14 C.P.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 aircraft near each entrance to the cabin, cockpit, or pilot station, in letters 

not less than 2 inches nor more than 6 inches high, the words "limited," 

"restricted," "light-sport," "experimental," or "provisional," as applicable. 

• 14 C.P.R.§ 45.27(a), Rotorcraft, states: 

Each operator of a rotorcraft must display on that rotorcraft horizontally on both 

surfaces of the cabin, fuselage, boom, or tail the marks required by§ 45.23. 

In prior Grants of Exemption, the FAA has determined that exemption from these 

requirements was warranted provided that the aircraft "have identification (N-Number) markings 

in accordance with 14 C.P.R. Part 45, Subpart C if the 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 of Exemption to Astraeus Aerial. 

10 
Equivalent Level of 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): 

Maintenance Inspections 

SMU seeks an exemption from the maintenance inspection requirements 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 in reference 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 under this Grant of Exemption will not have 

an airworthiness certificate. 

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 Manual and any required manufacturer 

Safety or Service Bulletins. Further, as required by the Operational Restrictions, the PIC will 

conduct a pre-flight inspection of each UAS operated by the PIC and all associated equipment to 

account for all discrepancies and/or inoperable components. Maintenance will be performed and 

verified to address any conditions potentially affecting safe operation of each UAS and no flights 

will occur unless, and until, all flight critical components of each UAS has been found to be 

airworthy and in a condition safe for operation. A functional test flight will be conducted 

following the replacement of any flight-critical components. As required by the Operational 

Restrictions, the PIC who conducts the functional test flight will make an entry in the UAS 

aircraft records of the flight. 

The Operational Restrictions also include requirements to follow each UAS'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 of the maintenance, preventative maintenance, 

alterations, status of replacement/overhaul component parts, and the total time in service of each 

UAS used under this Grant of Exception. As a whole, the maintenance and inspection 

procedures required by the 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) (stating that each owner or operator of an aircraft "[s]hall have the aircraft inspected 

as prescribed in subpart E of this part and shall between required inspections ... have discrepancies repaired as 

prescribed in part 43 of this chapter."). 

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 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 of Section 61 is to ensure that the skill and competency of any PIC 

matches the airspace in which the PIC will be operating, as well as required certifications if the 

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

operated as part of a commercial operation by SMU, the UAS will carry neither passengers nor 

cargo. 

In the Grant of Exemption No. 11062 to Astraeus Aerial, 13 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. The fulfillment of the additional requirements for a 

private pilot to be become certified as a commercial pilot would not lead to any additional safety 

benefits when UAS operations are involved. 

Equivalent Level of Safety 

The restrictions SMU has placed on its 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 on private property away from persons and property not involved 

in the 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 of Exemption. 

All operations will be conducted in accordance with airspace requirements in the A TO-issued 

COA including class of airspace, altitude level and potential transponder requirements. 

In addition to these flight restrictions, SMU will further ensure safe operation by 

requiring that any PIC be thoroughly versed not only in airspace and communication issues 

pertaining to all aircraft operators but also in the 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 on behalf of SMU. The pilot qualification, 

training, and currency requirements in the Operational Restrictions ensure that SMU's PICs are 

competent and proficient in the UAS they are operating. SMU's training and qualification 

requirements are consistent with those contained in prior FAA-issued Grants of Exemption, and 

will provide a higher level of competency and proficiency for its PICs and will ensure at least an 

equivalent level of safety. 

13 See Grant of Exemption to Astraeus Aerial. 

12 
F. 14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness 

Although there 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 aircraft be 

in an 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 of Part 21 are waived or found 

inapp1icable. 14 Accordingly, Petitioner requests that the 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 operator to carry 

airworthiness documents and other aircraft manuals on board the aircraft. Pursuant to 14 C.F .R. § 

91.9(b)(2): 

(b) No person may operate a U.S.-registered civil aircraft-

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

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

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

any combination thereof. 

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

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

has within it the following: 

(1) An appropriate and current airworthiness certificate ... 

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

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

issued under§ 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 each UAS, it would be impossible to keep 

airworthiness documents and other aircraft manuals on board a UAS because there is simply no 

room and a UAS has no cabin or cockpit. 

Equivalent Level of Safety 

14 See id. at 13-14, 22. 

13 
In an FAA Office of Chief Counsel's Opinion dated August 8, 2014, and prepared by 

Dean E. Griffith, Attorney, AGC-220, it was acknowledged that the intent of 14 C.F.R. §§ 

91.9(b) and 91.203(a) and (b) is met if the PIC of the unmanned aircraft has access to the UAS 

flight manual, registration certificate, and other required documents from the ground control 

station from which he or she is operating the aircraft. 15 As this FAA Office of Chief Counsel 

Opinion clarifies, the intent of the rule is to ensure the pilot has access to these key documents 

during flight. Therefore, an equivalent level of safety will be achieved by ensuring that the pilot 

has access to the documents at the 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, 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 

Adherence to the requirements in the operating documents will ensure that each U AS 

operated by SMU is in an airworthy condition prior to flight. The PIC will perform a series of 

checklists designed to identify any defects or inoperable components, which cover pre-flight, 

take-off, landing and post-flight procedures. The PIC will also be required to review weather, 

flight requirements, battery charge, landing and takeoff distance, UAS performance data, and 

contingency landing areas-before initiation of flight. SMU' s operating documents will be kept 

at the ground control station and will be accessible to the PIC at all times while the PIC is 

operating the U AS. 

I. 14 C.F.R. § 91.109(a): Flight Instruction 

SMU seeks an exemption from 14 C.F .R. § 91.1 09( a), which provides in pertinent part 

that " [ n ]o person may operate a civil aircraft (except a manned free balloon) that is being used 

for flight instruction unless that aircraft has fully functioning dual controls." 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 Chief Counsel for International Law, Legislation and Regulation, 

to John Duncan, FAA Flight Standards Service (Aug. 8, 2014); see also Grant ofExemption to Astraeus Aerial at 

16-18. 

16 See also Exemption No. 11213 to Aeryon Labs, Inc. (FAA-2014-0642 at 11): 

The petitioner requested relief from 14 C.F.R. § 91.9(b)(2): Civil aircraft flight manual, 

marking, and placard requirements and§ 91.203(a) and (b): Civil aircraft: Certifications 

required. The FAA has previously determined that relief from these sections is not 

necessary. See Exemption No. 11062. Relevant materials may be kept in a location 

accessible to the PIC in compliance with the regulations. 

14 
accomplished through the use of a device that communicates with the aircraft via radio 

communications. Accordingly, an exemption will be required for the flight instruction 

requirements of 14 C.F.R. § 91.109(a). 

Equivalent Level of Safety 

Given the size and speed of each UAS that SMU 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 the Operational Restrictions, all persons will be a safe 

distance away in the event that the UAS experiences any difficulties during flight instruction. 

Moreover, as required by the Operational Restrictions, all flight training will be conducted in 

controlled and sterile environment. As a whole, the safety procedures provided for in the 

Operational Restrictions ensure that the proposed UAS operations provide an equivalent or 

higher level of safety than that provided by the flight instruction regulations. 

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 500 feet above the surface and away from any person, vessel, vehicle, or 

structure in non-congested areas. See 14C.F .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." 

An exemption is required because SMU's proposed UAS operations will normally need 

to occur below 200 feet AGL. Additionally, due the nature of the proposed operations, the PIC 

and/or VO(s) may need to 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 a UAS, any risk associated 

with these operations is far less than those that presently exist with conventional aircraft. An 

equivalent level of safety will be achieved given the size, weight, and speed of each UAS, as 

well as the controlled 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 the Operational Restrictions, each UAS will be operated in a restricted 

area, and all flights will be operated at a lateral distance of at least 500 feet from any 

nonparticipating persons, unless that person is in a position where he or she is shielded from the 

17 Relief from§ 91.119(a) will not be necessary because Petitioner will be able to perform an emergency landing 

without undue hazard to persons or property on the ground in the event of a failure. Petitioner's proposed UAS 

operations will not occur over congested areas, and therefore an exemption from§ 91.119(b) will not be necessary. 

See e.g., Grant ofExemption No. 11157 to Slug wear, Inc., dba Like on a tree Aerial (FAA-2014-0534 at 15). 

15 
UAS and any possible debris resulting from UAS failure. As required by the Operational 

Restrictions, flights will be terminated if a nonparticipating person within 500 feet of the UAS 

leaves a shielded position. Further, UAS operations will occur at least 500 feet away from 

vehicles or structures unless the property owner/controller has granted permission and the PIC 

has made a safety assessment of the risk of operating closer to those objects and, operations near 

the PIC or VO will not present an undue hazard per§ 91.119(a). Adherence to these restrictions 

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

extent that each UAS does not have a barometric altimeter, but rather 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 of the departure airport or barometric pressure. An exemption is required to the extent 

that each UAS does 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) a UAS will be operated below 400 feet AGL 

or below, 19 (2) within VLOS, (3) where GPS based altitude information is relayed in real time to 

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

altitude initiation point is established for the PIC to confirm accuracy of the onboard GPS.20 

Each UAS that SMU intends to use for the proposed operations will meet all these 

operational characteristics. Moreover, as required by the Operational Restrictions, the PIC will 

be required to calibrate the aircraft's GPS compass prior to each flight operation. Like prior 

Grants of Exemption, each UAS that SMU intends to use, and the safety mitigation procedures 

contained in the Operational Restrictions, ensure that an equivalent level of safety will be 

achieved, and a Grant ofExemption to the requirements of§ 91.121 is therefore appropriate. 

18 See e.g., Grant ofExemption No. 11138 to Douglas Trudeau (FAA-2014-0481 at 19): 

"If barriers or structures are present that can sufficiently protect nonparticipating persons from the 

UA or debris in the event of an accident, then the UA may operate closer than 500 feet to persons 

afforded such protection. The operator must also ensure that nonparticipating persons remain 

under such protection. If a situation arises where nonparticipating persons leave such protection 

and are within 500 feet of the UA, flight operations must cease immediately. When considering 

how to immediately cease operations, the primary concern is the safety of those 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 of any such vessels, vehicles or 

structures grants permission for the operation and the PIC makes a safety assessment of the risk of 

operating closer to those objects and determines that it does not present an undue hazard." 19 If the 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 of Exemption to Astraeus Aerial at 21. 

16 
L. 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions 

SMU requests an exemption from the fuel requirements of 14 C.F.R. § 91.151(a) for 

flight in VFR conditions. Section 91.151 states: 

(a) No person may begin a flight in an airplane under VFR conditions unless (considering 

wind and forecast weather conditions) there is enough fuel to fly to the first point of 

intended landing and, assuming normal cruising speed -

(1) During the day, to fly after that for at least 30 minutes; 

or 

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

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

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

exemption from the fuel requirements of 14 C.F.R. § 91.151(a) is therefore required. 

Equivalent Level of Safety 

Relief from § 91.151 (b) is requested to the extent required to allow flights of the battery 

powered DJI Phantom 2 Vision+ and DJI Inspire 1 UASs during daylight hours in visual 

meteorological conditions ("VMC"), under VFR, 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. SMU seeks the requested relief because without an exemption from § 91.151 (b), the 

flight time duration of the battery powered DJI Phantom 2 Vision+ and DJI Inspire 1 UASs will 

severely constrain the practicality of any aerial video flight operations that SMU proposes to 

conduct pursuant to this Petition. 

Significantly, as set forth below, the technical specifications of the DJI Phantom 2 

Vision+ and DJI Inspire 1 UASs, the DJI Phantom 2 Vision+ and DJI Inspire 1 operating 

documents, and the Operational Restrictions, ensure that SMU will safely operate the battery 

powered DJI Phantom 2 Vision+ and DJI Inspire 1 UASs during daylight hours in VMC, under 

VFR, with enough battery 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 

Reporting Equipment and Use 

The pertinent part of§§ 91.215 (a) & (b) requires: "(a) All airspace: U.S.-registered civil 

aircraft. For operations not conducted under part 121 or 135 of this chapter, ATC transponder 

equipment installed ... (b) All airspace. Unless otherwise authorized or directed by ATC, 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 beacon transponder" ... 

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 of an airport listed in appendix D, section 

1 ofthis part from the surface upward to 10,000 feet MSL; 

Likewise, the pertinent section of 91.131 (d); Operating Rule in Class B Airspace 

(d) other equipment requirements. 

"No person may operate an aircraft in a Class B airspace area unless 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 of the small size and limited lifting capacity of a UAS, a UAS cannot be fitted with and 

operate a transponder and automatic altitude reporting equipment specified in these portions of 

§§ 91.215 (a) and (b) and 91.131 (d). An exemption from these requirements is requested. 

Equivalent Level of Safety 

The equivalent level of safety can be assured using the procedures defined for the 

applicable Class "B" airspace. Within the lateral boundaries ofthe airspace, the PIC will (1) 

establish 2 way communications with the ATC facility having jurisdiction for that area. The PIC 

will provide the location (heading and distance) relative to the center ofthe airspace and request 

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 of way to ANY and ALL manned 

flight operations. All operations within two miles of the 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 without negatively impacting flight safety. 

VI. Drug and Alcohol Program 

SMU will have policies in place to ensure that no person may participate in UAS flight 

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

VII. Public Interest 

The public interest will be served by granting 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 in this Petition. Granting this Petition for 

Exemption helps fulfill Congress' goal in passing Section 333(a) through (c) of the Reform 

18 
Act-the FAA Administrator's assessment of whether a certain UAS may operate safely in the 

NAS before completion of the statutorily required rulemaking. 

The use of small UASs enhance safety and reduce risk of harm or serious injury because, 

unlike manned aircraft weighing thousands of pounds, carrying crew in addition to flammable 

fuel, the UASs carry no passengers or crew. Additionally, as recognized by the FAA in prior 

Grants of Exemption to filmmakers, UASs provide an additional tool for the aerial filming 

industry, adding a greater degree of flexibility, 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's private or 

controlled-access property. 

IX. Federal Register Summary 

Pursuant to 14 C.F .R. Part 11, the following summary is provided for publication in the 

FEDERAL REGISTER, should it be determined that publication is needed: 

Petitioner seeks an exemption from the following rules in Title 14 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 safety by reducing risk to the general public and property 

owners from the substantial hazards associated with using conventional fixed-wing aircraft or 

rotorcraft for aerial videography in support of the SMU football program. 

X. Conclusion 

SMU's Petition for Exemption satisfies the criteria articulated in Section 333 of the 

Reform Act including weight, speed, operating capabilities, proximity to populated areas, 

operation within VLOS and national security. The proposed UAS operations will benefit the 

public as a whole by improving safety and reducing risk by alleviating human exposure to 

danger. In consideration of the foregoing, this Petition provides the FAA with more than 

adequate justification for 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 of Exemption No. 11178 to Picture Factory, Inc. (FAA-2014-0794 at 18). 

19 
We thank you for your prompt consideration of our requested exemptions. 

Respectfully submitted, 

(p~~ Paul J. Ward 

Vice President for Legal Affairs and 

Government Relations 

20