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Table of Contents 

INTRODUCTION AND INTERESTS OF THE PETITIONER ...................................................... 5

Executive Summary................................................................................................................. 6

Description of Type, Make and Models of sUASs Requested :......................................... 6

Qualification for Approval under Section 333 of “The Reform Act” ................................. 6

Specific Sections of 14 CFR from which ISU seeks Exemption or Relief ...........................11

14 CFR Part 21, Subpart H – Airworthiness Certificates and 14 CFR 91.203(a)(1)..........11

14 CFR Part 27 – Airworthiness Standards: Normal Category Rotorcraft.......................11

14 CFR § 45.23 (a)(b) and 91.9 (c) – Marking of the Aircraft .............................................11

14 CFR § 91.9(b)(2) – Aircraft Flight Manual in the Aircraft ..............................................11

14 CFR § 61.113 (a)(b) and 61.133(a)(i)(ii) – Private and Commercial Pilot Privilege and 

Limitations ...........................................................................................................................12

14 CFR § 91.7(a) – Civil Aircraft Airworthiness .................................................................12

14 CFR § 91.121 – Altimeter Settings.................................................................................13

14 CFR § 91.151 – Fuel Requirements for Flight in VFR Conditions................................13

14 CFR § 91.405(a), 91.407(a)(1), 91.409(a)(2), 91.417(a) and (b) – Maintenance 

Inspections ..........................................................................................................................13

14 CFR § 91.103 – Preflight Action.....................................................................................14

14 CFR § 91.109(a) – Flight Instruction..............................................................................14

14 CFR § 91.119 – Minimum Safe Altitudes .......................................................................15

WHY GRANTING THIS PETITION IS IN THE PUBLIC INTEREST..........................................15

Operation Purpose:.............................................................................................................16

Regulations from which the Exemption Relief is requested: ...........................................16
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GLOSSARY OF ABBREVIATIONS

AGL Above Ground Level

AOI Area of Interest

ATC Air Traffic Control

ATO Air Traffic Organization

AV Aerial Vehicle

CFR Code of Federal Regulations

COA Certificate of Authorization

FAA Federal Aviation Administration

FAR Federal Aviation Regulation

GCS Ground Control Station

GPS   Global Positioning System

LOL Loss of Link

NAS National Airspace System

NOTAM Notice To Airman

PIC Pilot In Command

Section 333 FAA Modernization and Reform Act of 2012 (FMRA) Section 333

SO Safety Observer

SOP Standard Operating Procedures

sUAS Small Unmanned Aircraft System

sUAV Small Unmanned Aircraft Vehicle
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UA Unmanned Aircraft

UAS Unmanned Aircraft System

UAV Unmanned Aircraft Vehicle

VFR Visual Flight Rules

VLOS Visual Line of Site

VMC Visual Meteorological Conditions

VTOL Vertical Take-Off and Landing
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INTRODUCTION AND INTERESTS OF THE 

PETITIONER

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”) and 14 

C.F.R. Part 11, INDIANA STATE UNIVERSITY (hereinafter referred to as “ISU”) Operator of Small Unmanned 

Aircraft Systems (“sUASs ”) equipped to offer educational research, training and data collection on sUAS 

operational concepts and safety to perform the purposes listed below, hereby applies for an exemption 

from the listed Federal Aviation Regulations (“FARs”) to allow commercial operation of its sUAS, so long 

as such operations are conducted within and under the conditions outlined herein or as may be 

established by the FAA in an exemption granted under either Section 333 or Section 49 U.S.C. §44701(f)

As described more fully below, the requested exemption would permit the operation of a UAS under 

controlled conditions in airspace that is 1) limited; 2) predetermined; and 3) would provide safety 

enhancements in the fields in which it will operate. 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.” Section 

333(c) of the Reform Act.
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Executive Summary

Description of Type, Make and Models of sUASs Requested :

The petitioner is seeking an exemption to operate sUAS’s makes and models as follows:

1. DJI - Phantom 3

2. DJI – Phantom 2

3. DJI – Inspire 1

4. Dragonfly X6

5. Precision Hawk Lancaster

6. 3DR Solo

7. Procerus

8. 3DR x8

9. Silent Falcon

See Attached Table for vehicle details.

Each UA separately weighs 55 lbs. or less, with imaging payload and applicable equipment.

Qualification for Approval under Section 333 of “The Reform Act”

The proposed operations in this petition for exemption qualify for expedited approval under Section 333 

of the Reform Act. Each of the statutory criteria and other potentially relevant factors are satisfied

The proposed operations would permit the use of small and relatively inexpensive UAS under controlled 

conditions in airspace that is: (1) limited; (2) predetermined; (3) away from populated areas; (4) would 

provide an increased level of safety beyond that existing when fixed or rotor wing aircraft are used to 

accomplish the same purpose

The sUAS's planned to be operated are rotorcraft and fixed wing aircraft, each weighing typically less than 

15 lbs., and always less than 55 lbs., including payload. They would operate, under normal conditions, at 

a speed of no more than 50 knots. The principal construction material of the UAS aircraft will typically be 

foam, carbon fiber, aluminum and/or plastic. Operations will be performed by a qualified sUAS Pilot in 

Command (PIC), as outlined below, to insure that the UAS will “not create a hazard to the users of the 

national airspace system or the public.” Given the small size of the UAS involved and the pre-planned 

environment within which they will operate, the applicant believes that these operations fall within the 
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zone of safety in which Congress envisioned that the FAA must, by exemption, allow commercial 

operations of UAS to commence immediately.

Also, due to the size of the UAS and the pre-defined, restricted area in which the UAS will operate, 

approval of the application presents no national security issue. The operation of UAS by knowledgeable 

professionals will serve to enhance safety, add to the public benefit, and reduce environmental impacts 

related to current methods of manned aircraft flight operations. These limitations and conditions to which 

the operator, or its employees, acting as UAS PIC agrees to be bound when conducting commercial 

operations under an FAA issued exemption:

Operations authorized by this grant of exemption are limited to the following aircraft:

DJI - Phantom 3, DJI – Phantom 2, DJI Inspire 1, Dragonfly X6, Precision Hawk Lancaster, 3DR Solo, 

Procerus, 3DRx8, Silent Falcon

1. UA (aircraft and payload) will weigh less than 55lbs.

2. UA will be operated at altitudes not greater than 400 feet AGL.

3. UA will be flown at ground speeds not greater than 87 knots.

4. The UAS PIC will hold either an airline transport, commercial, private, recreational or sport pilot 

certificate. The PIC must also hold a current FAA airman medical certificate and/or a valid U.S. 

driver’s license issued by a state, the District of Columbia, Puerto Rico, a territory, or the Federal 

Government. The PIC must also meet the recent flight experience requirement stated in 14 CFR 

61.57 and flight review requirements stated in 14 CFR 61.56. The Indiana State University

employs a full-time instrument rated commercial pilot.

5. In addition to holding an FAA issued airman certificate, UAS PIC must complete an Indiana State 

UAS training program. This training will include detailed review of manufacturer's operating 

manuals and practical demonstration of ability to safely operate UAS in a manner consistent 

with how the UAS will be operated under this exemption (to include evasive and emergency 

maneuvers and maintaining appropriate distances from persons, vehicles, vessels and 

structures).

6. PIC qualification will have a currency requirement of at least three take-offs and landings within 

the preceding 90 days. PIC qualification flight hours will be logged in a manner consistent with 

14 CFR 61.51.

7. UA will not be operated within 5 nautical miles of an airport having an operational control 

tower, or 3 NM of an airport with a published instrument flight procedure but not an 

operational control tower, or 2 NM of an airport without a published instrument flight 

procedure or operational control tower, or 2 NM of a heliport with a published instrument flight 

procedure. Flights will be operated in Class G airspace whenever possible. If operation in other 

airspace is required, the relevant controlling agency will be notified at least 24 hours prior to the 

operation and, if required, any necessary permission obtained.

8. UAS flights will operate within visibility and cloud clearance requirements equivalent to Visual 

Flight Rules (VFR).

9. UAS operations will not be conducted during night, as defined within 14 CFR 1.1.
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10. UA flights over land will not be operated by the PIC from any moving vehicle or device. UA 

flights conducted entirely over water may be operated from a suitable vessel.

11. UA will not be operated from a raised platform.

12. The UA will remain clear of and yield right of way to manned aviation operations.

13. UA will be operated within visual line of sight of the PIC at all times. The PIC will use human 

vision unaided by device other than corrective lenses as specified on PIC’s FAA medical 

certificate.

14. UAS operations will employ a visual observer (VO). The VO may be used to satisfy the VLOS 

requirement as long as the PIC maintains VLOS capability. The VO and PIC must be able to 

communicate verbally for the duration of the flight.

15. Electronic messaging or texting is not allowed during flight operations.

16. The VO will perform no duties other than assisting the PIC see and avoid other aircraft, 

obstacles, persons or property.

17. UAS will be equipped with an autopilot system which will be at least equivalent to a phantom 

system. The UAS will utilize GPS navigation, failsafe, return-to-home (RTH) and flight abort 

safety features.

18. Prior to each flight the PIC will inspect the UAS to ensure it is in a condition for safe flight. If the 

inspection reveals a condition that affects safe operation of the UAS, the aircraft is prohibited 

from operating until necessary maintenance has been performed and the UAS is found to be in a 

safe condition for flight.

19. The Ground Control Station must be included in the preflight inspection.

20. All UAS operations will be conducted over remote and sparsely populated property or over open 

waters. Permission for flight will be obtained in advance from property owners or controlling 

agency. A Ground Station will be connected, by radio communication, to the UAS during the 

entire flight, which will give the PIC flight information such as GPS Position, Altitude, Air Speed, 

Battery Remaining, and other telemetry information.

21. Flight boundaries will be established for each flight and such boundaries will be established for 

each flight and such boundaries will be designed such that the UA will pass no closer than 500 

feet from nonparticipating persons, vehicles or structures.

22. If the UAS loses communications or loses GPS signal, the UA will return to a predetermined 

location within the established flight boundary and land or be recovered in accordance with 

manufacturer's operation documents.

23. The PIC will abort any flight in the event of unpredicted obstacles, occurrence of adverse 

weather or loss of UAS flight control capability in accordance with manufacturer's operations 

documents.

24. The PIC is prohibited from beginning a flight unless (considering wind and forecast conditions) 

there is enough power to fly the planned route to the intended landing point and land the UAS 

with 25% battery capacity remaining.

25. Documents required by 14 CFR 91.9 and 91.203 will be available to the PIC at the Ground 

Control Station of the UAS whenever the aircraft is operating. These documents will be made 

available to the Administrator or any law enforcement official upon request.

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

control of the UA must comply with Federal Communications Commission (FCC) or other 

appropriate government oversight agency requirements.

27. A flight Operations and Maintenance Log will be maintained for each UAS. Cumulative flight 

hours, maintenance activities, repairs, alterations and inspections will be noted.
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28. Any UAS maintenance or alterations that affect 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 Flight Operations Maintenance 

Log.

Operations near People

An unmanned aircraft may be operated over or near people if they are required for the safe operation 

of the UA or are required for the successful completion of the intended purpose of the operation, these 

people are considered essential flight personnel. Essential flight personnel include the PIC, VO, payload 

operators, and any other personnel that the PIC has determined are essential for the safe operation of 

the UA. The UA may be operated within 500 feet of essential flight personnel and they do not need to 

be protected by barriers. 

An unmanned aircraft may also be operated over or near people who are not essential flight personnel 

but are essential for the intended purpose of the operation including; actors, students obtaining UAS 

instruction, researchers or engineers monitoring the flight, workers at a site being inspected by UAS or a 

person providing non-safety related information during the operation about where the aircraft should 

be flown.

Nonparticipating persons are those other than essential flight personnel or those required for the 

intended purpose of the operation as defined previously. A UA may only be operated within 500 feet of 

nonparticipating persons when barriers or structures are present that sufficiently protect 

nonparticipating persons from the UA and/or debris or hazardous materials such as fuel or chemicals in 

the event of an accident. Under these conditions, the operator must ensure that nonparticipating 

persons remain under such protection for the duration of the operation. If a situation arises where 

nonparticipating persons leave such protection and are within 500 feet of the UA, flight operations must 

cease immediately in a manner that does not cause undue hazard to persons.

Additionally, operations for training, proficiency, or experience building for PICs to qualify to operate 

under this exemption may not be conducted within 500 feet of nonparticipating persons to ensure the 

safety of others while the PIC gains experience. 

A UAS may be flown over or near people, subject to the conditions and limitation below. 

All people associated with the operations must be briefed by the PIC on the potential risk of the 

proposed flight operation(s) and acknowledge and consent to those risks. The FAA routinely uses 

briefings as a means to notify passengers and others of safety information and to risks of certain 

operations. See, e.g., 14 CFR §§ 91.319(d)(1) (advising passengers of experimental nature of an aircraft); 

136.7 (air tour briefings). The requirement to obtain consent provides an additional margin of safety by 

building upon the briefing requirement to ensure that participants have acknowledged that a UA will be 

operated within 500 feet. The consent requirement is consistent with exemptions authorizing UAS 

closed-set filmmaking. See Exemption No. 11062.

In Exemption No. 11062 (Astraeus Aerial), the FAA granted exemption to the part 91 minimum safe 

altitude rules consistent with the relief typically provided to manned operations in FAA Order 8900.1 V3, 

C8, S1, Issue a Certificate of Waiver for Motion Picture and Television Filming. The order allows UA to be 
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operated within 500 feet of participating persons, vehicles, and structures directly involved in the 

performance of the actual filming. That exemption required the operator to have an approved Motion 

Picture and Television Operations Manual (MPTOM). Based on existing motion picture filming practice, 

Exemption No. 11062 established the requirement that UAS operations must comply with the 

petitioner’s MPTOM when conducting closed-set filming operations.

The FAA also recognizes that there are other UAS operations in which the UA will be operated within 

500 feet of consenting people. The FAA recognizes that there are additional risks when operating a UA 

close to people, whether for the purpose of closed-set filming or otherwise. As such the FAA has 

determined that when conducting these types of operations, the operator must have an operations 

manual addressing the items as specified in the conditions and limitations below. Unmanned aircraft 

operations conducted in close proximity to people (less than 500 feet) invoke added safety risks. 

Regardless of the operation type (closed set film-making or other operation types), the operations 

manual requirement ensures that safety will not be adversely affected because the operator must 

document and address operational safety practices relevant to its operation. An operations manual 

must include items such as; the operator’s contact information, distribution and revision information, 

persons authorized, plan of activities, permission to operate, security methodology, briefing 

instructions, essential flight personnel minimum requirements, communications information, and 

accident notification plan. Documented operational safety practices and procedures ensure a safe and 

repeatable process for conducting flight operations. Formal procedures ensure adequate safety 

guidelines are available and adhered to in normal operational environments, but also during emergency 

circumstances. The operations manual is considered part of the operating documents and must be 

accessible to the PIC during operations. This operations manual is based on the requirement in previous 

exemptions for a MPTOM for closed-set filming.

Operators conducting these operations must also submit a written Plan of Activities to the local Flight 

Standards District Office at least 24 hours prior to initiating operations as described in the conditions 

and limitations below. The written plan of activities includes pertinent items provided to Flight 

Standards District Offices. The written plan of activities is necessary for Aviation Safety Inspectors to 

conduct surveillance of activities and ensure compliance with the provisions of the authorization and 

waiver, associated special provisions, operations manual, and the plan of activities in accordance with 

FSIMS 8900.1 to ensure the safety of the NAS.

Operations in which a PIC will be training students. Under this exemption students manipulating the 

controls or observing the flight operations could be participants in the UAS operation. This training 

scenario poses risks similar to closed-set filming operations because of the reduced distances between 

the students and the UA. 

Operations near vessels, vehicles, and structures are those operations in which a UA is operated within 

500 feet of such objects. To conduct such operations, the PIC must: (1) have permission from a person 

with legal authority over any vessels, vehicles or structures located within 500 feet of the UA’s operating 

area; and (2) make a safety assessment of the risk of operating closer to those objects and determine 

that no undue hazard would result from the operation.
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Specific Sections of 14 CFR from which ISU seeks Exemption or Relief

14 CFR Part 21, Subpart H – Airworthiness Certificates and 14 CFR 91.203(a)(1)

The FAA has stated that no exemption is needed from this section if a finding is made under Part 11 and 

Section 333 of the Reform Act that the UAS selected provides an equivalent level of safety when 

compared to civil aircraft normally used for the same application. The petitioner submits that given the 

small size of the UAS, the limited operating areas and procedures defined within the training and 

operations section of the petition, an equivalent level of safety is obtained and exemption is not 

required (see Grant of Exemption to Astraeus Aerial, Docket No. FAA-­­2014-­­0352). 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.

14 CFR Part 27 – Airworthiness Standards: Normal Category Rotorcraft

14 CFR Part 27 sets forth the procedural requirements for airworthiness certification of normal category 

rotorcraft. To the extent petitioner’s UAS would otherwise require certification under Part 27, petitioner 

seeks exemption for the same reasons identified in the request for exemption from 14 CFR Part 21, 

Subpart H.

14 CFR § 45.23 (a)(b) and 91.9 (c) – Marking of the Aircraft

Regulation 45.23 provides: (a) Each operator of an aircraft must display on that aircraft marks consisting 

of the Roman capital letter “N” (denoting United States registration) followed by the registration number 

of the aircraft. Each suffix letter used in the marks displayed must also be a Roman capital letter. (b) 

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. Regulation 91.9 (c) provides: No person may 

operate a U.S.-­­registered civil aircraft unless that aircraft is identified in accordance with part 45 of this 

chapter.

The UAS has no entrance to the cabin, cockpit or pilot station on which markings can be placed. Given 

the small size of the UAS, two-­­inch lettering will not be possible. In a previous Grant of Exemption, the 

FAA determined that exemption from these requirements was warranted provided that the aircraft 

“have identification (N-­­Number) markings in accordance with 14 CFR Part 45, Subpart C if the markings 

are as large as practicable.” The petitioner additionally proposes to place all required markings, placards, 

flight envelope restrictions, cautionary notices in an easily visible location at the UAS Ground Control 

Station. The FAA has issued several exemptions to this regulation: see Exemptions Nos. 8738, 10167, 

10167A and 10700.

14 CFR § 91.9(b)(2) – Aircraft Flight Manual in the Aircraft
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Regulation 91.9 stipulates (b) No person may operate a U.S.-­­registered civil aircraft— (2)

For which an Airplane or Rotorcraft Flight Manual is not 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.

Given the size of the UAS, they have no place or ability to carry a flight manual aboard the aircraft. An 

equivalent level of safety will be achieved by keeping the flight manual at the Ground Control Station

where the pilot operating the UAS will have immediate access to it. The FAA has issued several 

exemptions to this regulation: see Exemptions Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 10167, 10602, 

32827 and 10700.

14 CFR § 61.113 (a)(b) and 61.133(a)(i)(ii) – Private and Commercial Pilot Privilege and 

Limitations

Regulation 61.113 stipulates (a) Except as provided in paragraphs (b) through (h) of this section, no 

person who holds a private pilot certificate may act as pilot in command of an aircraft that is carrying 

passengers or property for compensation or hire; nor may that person, for compensation or hire, act as 

pilot in command of an aircraft.

(b) A private pilot may, for compensation or hire, act as pilot in command of an aircraft in connection 

with any business or employment if: (1) The flight is only incidental to that business or employment; and 

(2) The aircraft does not carry passengers or property for compensation or hire.

Regulation 61.133 stipulates (a) Privileges—(1) General. A person who holds a commercial pilot 

certificate may act as pilot in command of an aircraft— (i) Carrying persons or property for 

compensation or hire, provided the person is qualified in accordance with this part and with the 

applicable parts of this chapter that apply to the operation; and

(ii) For compensation or hire, provided the person is qualified in accordance with this part and with the 

applicable parts of this chapter that apply to the operation.

Unlike a conventional aircraft that carry pilot, passengers and cargo, the proposed UAS are remotely 

controlled and carry no persons or cargo. The UAS are capable of a high degree of flight automation and 

employ technical capabilities that limit the potential for operation in an unintended manner. It is the 

petitioner’s belief that given the size, weight, speed, operating environment and operating capabilities 

of the UAS, an equivalent level of safety may be obtained by stipulating the UAS PIC must hold either an 

airline transport, commercial, private, recreational, or sport pilot certificate. The PIC must also hold a 

current FAA airman medical certificate or a valid U.S. driver’s license issued by a state, the District of 

Colombia, Puerto Rico, a territory, a possession, or the Federal government. The PIC must also meet the 

flight review requirements specified in

14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate. The

FAA has issued several exemptions to this regulation: see Exemptions Nos. 11284,

11281, 11282 and 11296.

14 CFR § 91.7(a) – Civil Aircraft Airworthiness

Regulation 91.7 stipulates (a) No person may operate a civil aircraft unless it is in an airworthy condition.
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Should this exemption be granted allowing commercial operation of UAS without an airworthiness 

certificate, no FAA regulatory standard will exist for airworthiness of the UAS. An equivalent level of 

safety will be obtained by ensuring compliance with UAS operator and maintenance manuals and safety 

checklists prior to each flight.

14 CFR § 91.121 – Altimeter Settings

Regulation 91.121 requires that (a) Each person operating an aircraft shall maintain the cruising altitude 

or flight level of that aircraft, as the case may be, by reference to an altimeter that is set, when 

operating— (1) Below 18,000 feet MSL, to— (i) The current reported altimeter setting of a station along 

the route and within 100 nautical miles of the aircraft; (ii) If there is no station within the area prescribed 

in paragraph (a)(1)(i) of this section, the current reported altimeter setting of an appropriate available 

station; or (iii) In the case of an aircraft not equipped with a radio, the elevation of the departure airport 

or an appropriate altimeter setting available before departure.

Conventional aircraft are provided altitude data by a barometric altimeter that is most commonly set to 

a local barometric pressure and therefore reports altitude relative to MSL (Mean Sea Level). UAS 

operations are restricted to altitudes no greater than 400 feet AGL (Above Ground Level). For those UAS 

with a barometric sensor, greater utility and an equivalent level of safety will be obtained by setting the 

altimeter to read “zero altitude” when the UAS is on the ground prior to takeoff thus providing an AGL 

altitude readout. If no barometric sensor is aboard the UAS, a GPS derived altitude similarly set to zero 

at the takeoff point will provide an equivalent level of safety. The FAA has issued several exemptions to 

this regulation: see Exemptions Nos. 11066, 11065, 11062 and 11063.

14 CFR § 91.151 – Fuel Requirements for Flight in VFR Conditions

Regulation 91.151 stipulates that (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. (b) No person may begin a flight in a rotorcraft 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, to fly after that for at least 20 minutes.

This regulation is written based on the capabilities of traditional civil aircraft which typically have flight 

times with full fuel of several hours. For the majority of UAS which have flight times of an hour, or much 

less, this regulation would effectively deny an ability for the UAS to operate. The petitioner submits that 

an equivalent level of safety will be obtained by requiring that no UAS flight will begin unless 

(considering wind and forecast conditions) there is enough fuel (battery) to fly the planned route to the 

first point of intended landing and land with 25% of battery capacity in reserve. This restriction would be 

more than adequate to return the sUAS to its planned landing zone from anywhere in its limited 

operating area.

The FAA has issued several exemptions to this regulation: see Exemptions Nos. 2689F,

5745, 10673 and 10808.

14 CFR § 91.405(a), 91.407(a)(1), 91.409(a)(2), 91.417(a) and (b) – Maintenance Inspections
14

Regulation 91.405(a) requires that an aircraft operator or owner “shall have that aircraft inspected as 

prescribed in Subpart E of this Part, and shall between required inspections, except as provided in 

paragraph (c) of this section, have discrepancies repaired as prescribed in Part 43 of this chapter...”

Regulation 91.407(a)(1) similarly makes reference to requirements in Part 43. Regulation 91.409(a)(2) 

requires an annual inspection for the issuance of an airworthiness certificate. Regulation 91.417(a) and 

(b) requires the owner or operator to keep records showing certain maintenance work that has been 

accomplished by certificated mechanics, under Part 43, or licensed pilots and records of approval of the 

aircraft for return to service.

Exemption from these regulations is needed because Part 43 and these sections apply only to aircraft 

with an airworthiness certificate. An equivalent level of safety will be obtained by requirement that each 

UAS will have a flight and maintenance log.

Maintenance and inspections will be accomplished in accordance with manufacturer recommendations. 

The FAA has issued several exemptions to this regulation: see Exemptions Nos. 11066, 11062, 11067A 

and 11065.

14 CFR § 91.103 – Preflight Action

Regulation 91.103 stipulates Each pilot in command shall, before beginning a flight, become familiar 

with all available information concerning that flight. This information must include—(a) For a flight 

under IFR or a flight not in the vicinity of an airport, weather reports and forecasts, fuel requirements, 

alternatives available if the planned flight cannot be completed, and any known traffic delays of which 

the pilot in command has been advised by ATC; (b) For any flight, runway lengths at airports of intended 

use, and the following takeoff and landing distance information: (1) For civil aircraft for which an 

approved Airplane or Rotorcraft Flight Manual containing takeoff and landing distance data is required, 

the takeoff and landing distance data contained therein; and (2) For civil aircraft other than those 

specified in paragraph (b)(1) of this section, other reliable information appropriate to the aircraft, 

relating to aircraft performance under expected values of airport elevation and runway slope, aircraft 

gross weight, and wind and temperature.

The petitioner seeks exemption to the extent that an FAA-­­approved Flight Manual is required. An 

equivalent level of safety will be provided by following the Operations Manual provided by the 

manufacturer. Additionally, the PIC will conduct preflight actions, to include performing all required 

checklists, reviewing weather, flight requirements, battery charge, landing and takeoff distance, aircraft 

performance data, and contingency landing areas, before initiation of flight.

14 CFR § 91.109(a) – Flight Instruction

Regulation 91.109 stipulates, in part, that (a) No person may operate a civil aircraft (except a manned 

free balloon) that is being used for flight instruction unless that aircraft has fully functioning dual 

controls.

UAS by their design do not have fully functional dual controls. Flight control is accomplished through 

the use of a control interface that communicates with the aircraft via radio. Given the size, speed and 

limited operational parameters of the UAS, an equivalent level of safe training can be performed 
15

without dual controls. The FAA has issued several exemptions to this regulation: see Exemptions Nos. 

11066, 11062, 11067A and 11065.

14 CFR § 91.119 – Minimum Safe Altitudes

Regulation 91.119 stipulates, in part, that, except when necessary for takeoff or landing, no person may 

operate an aircraft below the following altitudes: (a) anywhere. An altitude allowing, if a power unit 

fails, an emergency landing without undue hazard to persons or property on the surface. (b) Over 

congested areas. Over any congested area of a city, town, or settlement, or over any open air assembly 

of persons, an altitude of 1,000 feet above the highest obstacle within a horizontal radius of 2,000 feet of 

the aircraft. (c) Over other than congested areas. An altitude of 500 feet above the surface, except over 

open water or sparsely populated areas. In those cases, the aircraft may not be operated closer than 500 

feet to any person, vessel, vehicle, or structure.

An exemption to 91.119(c) is required because UAS operations will be conducted at altitudes no greater 

than 400 feet above the surface. The size, speed, weight and limited operational parameters of the UAS 

allow for an equivalent level of safety.

WHY GRANTING THIS PETITION IS IN THE PUBLIC 

INTEREST

As introduced above, the requested exemption would authorize the Applicant to perform commercial 

operations with UVs that will provide significant benefits to the public interest:

1. The commercial use of UVs to perform research and educational activities at Indiana State 

University in support of government entities, private research institutions, scientific studies 

and wildlife monitoring, all of which are critical to the well­­being of the general public. A 

significant reduction in costs to conduct research, training and education programs.

2. The use of UVs will decrease congestion in the National Airspace System along with reducing the 

noise and air pollution generated during traditional manned aircraft flight operations.

3. When using UAS to complement field personnel, they reduce safety concerns when gathering 

data from inaccessible or unstable/unsafe areas and in extreme weather or terrain.

4. Operation of UVs will substantially reduce the risk to life and property in the air, and on the 

ground, which is commonly associated with traditional manned aircraft flight operations for 

marine science missions.

5. Similar to the current manned aircraft flight operations that have been conducted for many 

decades, UVs used for similar tasks will not generate any new privacy issues.

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

(the FAA Administrator's) responsibilities under Section 333(c) of the Reform Act to "establish 

requirements for the safe operation of such aircraft systems in the national airspace system." Approval 

of this exemption will allow for safer, more efficient and less costly marine science missions, and 

produce much higher data quality.
16

Operation Purpose:

This exemption request once granted would allow ISU to operate a small unmanned aerial vehicle 

(sUAS), unmanned aircraft system (UAS) to conduct photography, videography, precision agriculture 

with on board sensors, aerial imaging for safety, aerial video and live video feed to assist with search 

and rescue operations under the authority and support of local authority officials, aerial video and 

photography for public and private use including television, public events, and cinematography live feed 

and live newsgathering, training to persons individually or belonging to both private and public 

organizations, special events, research, risk management and assessment and disaster relief to increase 

awareness and improve safety for current and future UAS operations within the NAS.

Regulations from which the Exemption Relief is requested:

14 CFR Part 21, Subpart H

14 CFR Part 27

14 CFR 45.23 (a)(b)

14 CFR 61.113 (a) (b)

14 CFR 61.133 (a)(i)(ii)

14 CFR 91.7 (a)(b)

14 CFR 91.9 (b)(2)(c)

14 CFR 91.103

14 CFR 91.109 (a)

14 CFR 91.119

14 CFR 91.121

14 CFR 91.151

14 CFR 91.203 (a)(1)

14 CFR 91.405 (a)

14 CFR 91.407 (a)(1)

14 CFR 91.409 (a)(2)

14 CFR 91.417 (a)(b)

The name and address of the Petitioner is:

INDIANA STATE UNIVERSITY

RICHARD BAKER, PH.D.

CHAIR, DEPARTMENT OF AVIATION TECHNOLOGY

650 Cherry Street Room 216

Terre Haute, IN 47809

Richard.Baker@indstate.edu

Office: 812-237-2641