Page 1 of 22

Eastern Michigan University

January 2 1

, 2016

U.S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE Washington, D.C. 20590

Re: Petition of Eastern Michigan University for Summary Grant of Exemption Pursuant to

Section 333 of the FAA Modernization an d Reform Act of 2012

To Whom It May Concern:

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

and 14 C.F.R. Part 11, Eastern Michigan University (EMU) seeks exemption from the Federal Aviation Regulations (“FARs”) id entified below to operate small unmanned aircraft systems or UAS for the purpose of conducting aerial data collection, including remote sensing , imaging and surveyi ng, in support of its education, research and administrative operations. EMU respectfully

su bmits that this Petition for Exemption qualifies for expedited approval, as the Federal Aviation

A dministration (FAA) has previously issued grants of exemption in circumstances similar in all material respects to those presented herein.

I. BACKGROUND & DESCR IPTION OF PETITIONER

Eastern Michigan University is a four

- year, public university located in Ypsilanti, Michigan. The school belongs to the Mid

- American Conference and is accredited by the Higher Learning

Commission of the North Central Association of Colleges and Schools. Currently, EMU is composed of seven colleges and schools: College of Arts and Sciences, College of Business, College of Education, College of Health and Human Services, College of Technology, an Honors College, and a Graduate Schoo l. Eastern Michigan University offers degrees and programs at the bachelor, master, specialis t and doctoral levels. There are more than 200 majors and minors at the undergraduate level, and more than 170 graduate programs. EMU has six ac ademic d ivisions

an d eight u niversity s ites, which include satellite campuses. The university's main site is composed of an academic and athletic campus spread across 800 acres (3.2 km 2 ), with over 120 buildings. EMU has a current total enrollment of more than 23,000 student s.

The potential applications of UAS will be critical to EMU’ s mission of preparing individuals for Michigan’s and the Nation’s workforce , includ ing climate monitoring, mapping, natural hazard mitigation, entertainment and aerospace careers . The ability to train the state’s workforce to explore, improve and use UAS technology is consonant with EMU’s mission.Page 2 of 22

Eastern Michigan University

For these reason s , EMU seeks an exemption for commercial operations of small UAS s for

co nducting aerial data collection

, research and other initiativ es across its program areas.

In accordance with 14 C.F.R. § 11.81(a), EMU provides the following information in support of its Petition for Exemption.

Th e contact information for Petitioner is as follows:

Mark Wesley, PEM Emergency Management Director Eastern Michigan University Public Safety Building

1200 Oakwood Ypsilanti, MI 48197

Office: 734

- 487

- 0799

Fax: 734

- 480

- 4847

II. DESCRIPTION OF PROPOSED OPERATION S Eastern Michigan University (EMU) seeks an exemption pursuant to Section 333 of the FAA

Modernization and Ref

orm Act of 2012 to operate small unmanned aerial vehicles/systems for the purpose of conducting aerial data collection, aerial imaging, remote sensing

, surveying , aerial photography/videography and infrastructure assessment in support of education al, resea rch

, public relations, athletic, administrative and public service missions

.

By way of example, education, research, and public service programs supported by the proposed UAS operations, include, but are not limited to: aerial surveying and remote sensin g applications, aerial photography and videography, aeronautical and avionics research and development, sensor research and development, UAS flight instruction, mobile communications research, forestry mapping and management activities, wildlife conservati on activities, environmental and atmospheric monitoring, natural resource management/exploration, ecological studies, archeological surveys and exploration, water resource studies, photogrammetry, and geographical mapping applications. Aerial data collecti on by Petitioner's UAS will also be used by EMU Facilities and Public Safety to monitor and inspect campus buildings and infrastructure.

All of the UAS platforms identified by EMU have already been approved by the FAA in previously granted exemptions, or otherwise exhibit the same characteristics in terms of their weight, speed and operational capabilities which meet the requirements of Section 333 of the

Reform Act.

Specific examples of use include t he a tmospheric chemistry research group, housed withi n the Department of Chemistry, College of Arts and Sciences hopes to use a n UAS platform for measurements of pollution at low altitudes using an UAS

. The research community’s ability to measure the concentration of air quality is limited as we continue to rely on static, ground based sensors, but we know that these toxic gases have significant vertical profiles. Balloons and light aircraft can reach such low altitudes, but cost several thousand dollars to deploy. Using new technologies such as low cost com mercial off

- the

- shelf (COTS) UAS' s that are ready

made and available for sale to the general public coupled with micro

- sensors that interface withPage 3 of 22

Eastern Michigan University

single board micro

- computers offer the ability to measure important pollutants at low altitude

and in three d imensions yet, with similar resolution and detection limit as those previously available, but at a fraction of the cost and power demands.

T he EMU Geography/ GIS program is also anticipating the use of Unmanned Aerial Systems for

academic instruction and research in aerial data collection

, reconnaissance and mapping . Due to the unique flight characteristics of UA S s, imagery will be sharper and due to the altitudes at

which UASs typically fly, cloud cover is not an issue, meaning fewer weather delays and le ss unusable imagery. In addition, t urnaround time is a few hours, instead of days, weeks, or months in the case of traditional delivery times.

COTS UAS platform s for use by EMU include: Ascending Technologies (AscTec) Pelican, AscTec Firefly, AscTec Humm ingbird, Q500 Typhoon Quadcopter , DJI Phantom 1, DJI Phantom 2, DJI Phantom 2 Vision, DJI Phantom 2 Vision+, DJI Phantom 3, DJI F550 FlameWheel, DJI Inspire 1, DJI Spreading Wing series, DJI Matrice 100, 3D Robotics X8, 3D Robotics X8+, 3D Robotics Iris, 3 D Robotics Iris+, 3D Robotics Solo, 3D Robot ics Aero

- M, 3D Robotics Quad

- C, Draganflyer X4

- ES, Draganflyer X4

- P, Draganflyer X6, Draganflyer Guardian , Cyber Quad Maxi, Parrot AR Quadcopter.

The proposed operations in this Petition for Exemption are not ne w or novel to the FAA. The UAS operations proposed by EMU in this Petition for Exemption are low risk and fall within the category of aerial data collection that has been subject to previous approval.

For example, t he FAA has previously issued grants of e xemption to use small UAS for similar aerial data collection in support of similar educational and research activities, including but not

limited to

 Exemption No. 11552 to Sinclair Community College to conduct educational research and training (Docket No. FAA

- 2015

- 0374)

 Exemption No. 11489 to “Take Flight UAS”, LLC to conduct natural resource monitoring, university and private research including climate change observations. (Docket No. FAA

– 2015

– 0320).

 Exemption No. 13706 to The University of South Dakota fo r e ducation and research operations, aerial surveying and mapping, wildlife and foresting monitoring/surveys, environmental and climate monitoring.( Docket No. FAA

– 2015

– 3802).Page 4 of 22

Eastern Michigan University

III. RELEVANT STATUTORY AUTHORITY

This Petition for Exemption is submitted pursu ant to Section 333(a) through (c) of the Reform Act. Congress has directed the FAA "to safely accelerate the integration of civil unmanned aircraft systems into the national airspace system." Pursuant to Section 333 of the Reform Act,

the FAA Administrator is to permit unmanned aircraft systems to operate in the National Airspace System ( NAS ) where it is safe to do so based on the following considerations:

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

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

 Operation of the UAS within the visual line of sight of the operator.

Additionally, the FAA Administrator has general authority to grant exemptions from the agency's safety regulations and minimum standards when the Adm inistrator decides a requested exemption is in the public interest. See 49 U.S.C. § 106(f) (defining the authority of the Administrator); 49 U.S.C. § 44701(f) (permitting exemptions from §§ 44701(a), (b) and §§

44702

– 44716, et seq. ). A party requesting a n exemption must explain the reasons why the exemption: (1) would benefit the public as a whole, and (2) would not adversely affect safety (or how it would provide a level of safety at least equal to the existing rules). See 14 C.F.R. § 11.81 (petitions fo r exemption).

IV. EMU ’ S PROPOSED UAS OPERATIONS MEET THE REQUIREMENTS OF

SECTION 333 OF THE REFORM ACT

EMU ’ s proposed operations in this Petition for Exemption qualify for expedited approval via the summary grant process pursuant to Section 333 of the Refo rm Act, as each of the statutory criteria and relevant factors are satisfied and the FAA has previously issued grants of exemption in circumstances similar in all material respects to those presented i n this Petition for Exemption.

The FAA is familiar wi th and has already determined that the following vehicles meet the requirements of Section 333 of the Reform Act due to their weight, speed and operational capabilities: Ascending Technologies (AscTec) Pelican, AscTec Firefly, AscTec Hummingbird,

DJI Phant om 1, DJI Phantom 2, DJI Phantom 2 Vision, DJI Phantom 2 Vision+, DJI Phantom 3, DJI F550 FlameWheel, DJI Inspire 1, DJI Spreading Wing series, DJI Matrice 100, 3D Robotics X8, 3D Robotics X8+, 3D Robotics Iris, 3D Robotics Iris+, 3D Robotics Solo, 3D Robo tics

Aero

- M, 3D Robotics Quad

- C, Draganflyer X4

- ES, Draganflyer X4

- P, Draganflyer X6, Draganflyer Guardian, Cyber Quad Maxi, and Parrot AR Quadcopter

.

 DJI Phantom 1 : Exemption No. 11577 to HAZON Solutions, LLC; Exemption No. 11650 to Trinity Aeroimaging; and Exemption No. 11318 to MicroDrone Vision, Inc.

 DJI Phantom 2 : Exemption No. 11315 to The Climate Corporation and Precision Planting, LLC; Exemption No. 11784 to Precision Unmanned Aerial LLC; Exemption No. 11785 to CinemaCapture Videography; Exemptio n No. 11786 to Tabitha Femmer; Exemption No. 11767 to Brett Baker; Exemption No. 11770 to Crosstimbers Video Partners LLC.Page 5 of 22

Eastern Michigan University

 DJI Phantom 2 Vision : Exemption No. 11768 to Copper City Aviation Services LLC; Exemption No. 11267 to ETAK Systems Inc.; Exemption No. 11310 to Colin Hinkle; Exemption No. 11624 to Vertical Information Services Inc.; Exemption No. 11556 t o Sydor Aerial Photography, LLC.

 DJI Phantom 2 Vision+: Exemption No. 11224 to NextEra Energy, Inc.; Exemption No. 11230 to Montico, Inc.; Exemption No. 11228 to Steven Zeets ; Exemption No. 11218 to Saratoga Aerial Vehicle; and Exemption No. 11215 to Mike Johnson

.

 DJI Phantom 3 : Exemption No. 11783 to Precision Design and Drafting, Inc.; Exemption No. 11788 to Birds Eye Aerial Photography, Inc.; Ex emption No. 11696 to Midwest UAV Imagining; Exemption No. 11335A to Voler, Inc.; Exemption No. 11267A to ETAK Systems, Inc.; Exemption No. 11306A to Hawk Aerial, LLC.

 DJI F550 FlameWheel : Exemption No. 11397 to Colorado Cartographics; Exemption No.

11312 to Southgate Films Inc.; Exemption No. 11430 to Aerial Optics; Exemption No. 11378 to Shanon Kern; and Exemption No. 11318 to Micro Drone Vision, Inc.

 DJI Inspire 1 : Exemption No. 11254 to Upward Aerial; Exemption No. 11659 to Fovea Aero Systems; Exempti on No. 11668 to Sky

- Forge Robotics LLC

.

 DJI Spreading Wings S800 : Exemption No. 11756 to C.H. Fenstermaker & Associates, LLC; Exemption No. 11584 to UAS Professionals Inc.; Exemption No. 11468 to United Dynamics AT Technologies Corp.; Exemption No. 11788 to Birds Eye Aerial Photography Inc.; Exemption No. 11606 to Aerial Appeal

.

 DJI Spreading Wings S900 : Exemption No. 11710 to Fly Low Aero, LLC; Exemption No. 11714 to Sky Scape Industries LLC; Exemption No. 11697 to Andrew Dunn; Exemption No.

11667 to i Fly Media Productions; Exemption No. 11598 to Midstream Integrity Services

.

 DJI Spreading Wings S1000 : Exemption No. 11731 to D&C Inspection Services, Inc.; Exemption No. 11732 to Terraplance, LLC; Exemption No. 11733 to The Visual Arts Group, LLC; Exemp tion No. 11694 to Accupoint, Inc.; Exemption No. 11633 to Principia Inc.; Exemption No. 11318 to MicroDrone Vision Inc.

 DJI Spreading Wings S1000+ : Exemption No. 11777 to SkyGizmo; Exemption No. 11778 to Cloud9Drones; Exemption No. 11659 to Fovea Aero Sy stems LLC

.

 3D Robotics Iris: Exemption No. 11521 to SkyWard IO, Inc.

 3D Robotics Iris+ : Exemption No. 11273 to AIG PC Global Services, Inc.; Exemption No. 1141 to Douglas R. Dorrer; and Exemption No. 11204 to Build Imagery, LLC

.

 3D Robotics X8 : Exemp tion No. 11521 to SkyWard IO, Inc.; Exemption No. 11446 to Trumbull Unmanned, LLC; and Exemption No. 11335 to Voler, Inc.

 3D Robotics X8+: Exemption No. 11626 to Olssson Associates; Exemption No. 11617 to Aerial Precision Survey

.Page 6 of 22

Eastern Michigan University

 3D Robotics Solo: Exem ption No. 11778A to Cloud9Drones

.

 3D Robotics Aero

- M : Exemption No. 11626 to Olsson Associates; Exemption No. 11617 to Aerial Precision Survey; Exemption No. 12012 to ArgenTech Solutions, Inc.

 Draganflyer X4

- ES : Exemption No. 11557 to HAZON Solutions L LC; Exemption No. 11424 to AgScan, Inc.; Exemption No. 11281 to Draganfly Innovations, Inc.

 Draganflyer X4

- P : Exemption No. 11774 to Ramaker & Associates; Exemption No. 11281 to Draganfly Innovations, Inc.

 Draganflyer X6 : Exemption No. 11281 to Draganf ly Innovations, Inc.

 Draganflyer Guardian : Exemption No. 11281 to Draganfly Innovations, Inc.

 CyberQuad Maxi : Exemption No. 12068 to UA TacSolutions, LLC

.

The listed UAS share characteristics that warrant approval for a grant of exemption:

 They all weight less than 55 pounds including payload;

 They all have the capability to operate safely after experiencing certain in

- flight contingencies or failures and use an auto

- pilot system to maintain UAS stability and control. The UAS is also able to respo nd to a loss of GPS or a lost

- link event with a pre

coordinated, predictable, automated flight maneuver. These safety features provide an equivalent level of safety compared to a manned aircraft performing a similar operation and mitigate the risk of comma nd and control link failures;

 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; and

 The y all operate at a speed of 87 knots or less.Page 7 of 22

Eastern Michigan University

V. REGULATIONS FROM WHICH EXEMPTION IS SOUGHT

The Federal Aviation 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 UAS, from its safety regulations and minimum standards when the Administrator decides a requested exemption is in the public interest.

EMU seeks an exemption from several interrelated provisions of 14 C.F.R. Parts 45, 61 and 91 for purposes of conducting the requested operatio ns using small UAS, including :

FAR DESCRIPTION

91.9(c); 45.23(b) and 45.27(a) Aircraft Marking and Identification Requirements

91.405(a); 91.407(a)(1); 91.409(a)(1) and (2);

91.417(a) and (b) Maintenance and Inspection Requirements

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

91.7(a) Civil Aircraft Airworthiness

91.9(b)(2); 91.203(a) and (b) Carrying Aircra ft Flight Manual, Certification and Registration in the Aircraft

91.103 Preflight Action

91.109(a) Flight Instruction

91.119(c) Minimum Safe Altitudes Over Other than Congested Areas

91.121 Altimeter Settings

91.151(a) Fuel Requirements for F light in VFR

ConditionsPage 8 of 22

Eastern Michigan University

Listed below are the specific sections of 14 C.F.R. for which an exemption is sought, and the operating procedures and safeguards that Petitioner has established which will ensure a level of safety better than or equal to the rules from which exemption is sought.

A. 91.9(c), 45.23(b) and 45.27(a): Aircraft Marking and Identification Requirements

In December 2015 the FAA announced “ I nterim final rule regulatory evaluation registration and marking requirements for small unmann ed aircraft, a requirement for all aircraft and does not reflect the FAAs decision to register all UAS in a federal database as outlined by FAA press

release described above. T he UAS described in this petition is currently registered in the “hobby

and rec reation” classification with Small UAS Certificate of Registration Number

FA3MN3T77A. EMU further seeks an exemption from the aircraft marking and identification requirements contained in 14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a).

 14 C.F.R. § 91.9(c), C ivil Aircraft Flight Manual, Marking and Placard Requirements, provides that:

No person may operate a U.S.

- registered civil aircraft unless that aircraft is identified in accordance with Part 45 of this chapter.

 14 C.F.R. § 45.23(b), Markings of the Airc raft, 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 t hat 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.F.R. § 45.27(a) , Rotorcraft, states: "In prior grants of exemption under Section 333 of the Reform Act, the FAA determined that exemption from these requirements was warranted provided that the aircraft "have identification (N

- Number) markings in

accordance with 14 C.F. R Part 45, Subpart C if the markings are as large as practicable."3

Equivalent Level of Safety

All UAS flown by EMU will bear N

- number markings that are as large as practicable in accordance with 14 C.F.R. Part 45, Subpart C.

B. 91.405(a), 91.407(a)(1) , 91.409(a)(1) and (2); 91.417(a) and (b): Maintenance Inspections

EMU seeks an exemption from the maintenance inspection requirements contained in 14 C.F.R. § 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2); 91.417(a) and (b). These regulations specify

mai ntenance and inspection standards in reference to 14 C.F.R. Part 43.5 An exemption from these regulations is needed because Part 43 and these sections only apply to aircraft with an airworthiness certificate, which the UAS to be operated under this grant o f exemption will not

have.Page 9 of 22

Eastern Michigan University

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 operating documents and any required manufacturer Safety or Se rvice Bulletins. Prior to each flight, the EMU Pilot in Command ( PIC ) will conduct a pre

- flight inspection and determine if the UAS is in a condition for safe flight. The

pre

- flight inspection will account for inoperable components, items, or equipment. Th e pre

- flight inspection will follow the UAS manufacturer’s maintenance; overhaul, replacement, inspection, and life limit requirements for the aircraft and aircraft components. The PIC will document and maintain a record of the assigned UAS maintenance, pr eventative maintenance, alterations, status of replacement/overhaul component parts, and the total time in service.

If the inspection reveals a condition that affects the safe operation of the UAS, the PIC will not operate the UAS until the necessary main tenance has been performed and the UAS is found to be in a condition for safe flight. Maintenance will be performed and verified to address any conditions potentially affecting safe operation of the UAS and no flights will occur unless, and until, all flig ht critical components of the UAS have 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. The functional test flight will be conducted in such a manner so as to not pose an undue hazard to persons and property.

C. 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

EMU seeks exemption from these sec tions, which restricts private, recreational or sport pilot certificate holders from flying aircraft for compensation or hire, and would also require a second class medical certificate. The purpose of Part 61 is to ensure that t he skill and competency of a ny operator of an aircraft matches the airspace in which the aircraft will be operating, as well as requiring certifications if the private pilot is carrying passengers or cargo for hire. In this case, while the UAS will be operated only as a research plat form only and not part of a commercial operation, neither will it carry neither passengers nor cargo.

In several examples of p re vious wa i vers
, the FAA determined that the unique characteristics of UAS operation outside of controlled airspace did not warra nt the additional cost and restrictions attendant with requiring the operator to have a Commercial Pilot Certificate and Class II Medical Certificate. The fulfillment of the additional requirements for a private pilot to become qualified as a commercial pi lot would not lead to any additional safety benefits when UAS operations are

involved.

Equivalent Level of Safety

The restrictions EMU will place on its UAS operations meet or exceed the restrictions similarly imposed on other operators in more recently g ranted exemptions under Section 333 of the FAA

Reform Act. EMU will not permit any PIC to operate unless the PIC demonstrates the ability to safely operate the UAS in a manner consistent with how the UAS will be operated under this exemption, including eva sive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. EMU will require all UAS operators to be thoroughlyPage 10 of 22

Eastern Michigan University

trained in the unique aspects of UAS flight and the PIC is competent and proficient in th e UAS they are operating. This training and qualification requirement are consistent with those contained in prior FAA

- issued grants of exemption, and will provide a higher level of

competency and proficiency for its pilots and will ensure an equivalent le vel of safety

.

D. 91.7(a): Civil Aircraft Airworthiness

In current examples of previous FAA 333 wavers, UAS ' do not typically require airworthiness

certificate as normally issued for other aircraft. Hence, EMU seeks an exemption from 14 C.F.R. § 91.7(a), which requires that a ll civil aircraft be in an airworthy condition in order to be operated. While the petitioner’s UAS will not have an airworthiness certificate, the FAA has determined that for the purposes of this exemption the pilot may determine the aircraft is in an airworthy condition prior to flight. The operating documents contain procedures which allow the

any operator to determine whether the aircraft is in a condition safe for flight and an exemption from § 91.7(a) is therefore warranted.

Equiv alent Level of Safety

Eastern Michigan University will ensure that the assigned UAS is in an airworthy condition, prior to every flight, by determining that the UAS is in compliance with the operating documents (Instruction Manual), and that aircraft are in a condition for safe flight.

E. 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft and 91.203(a) and (b): Carrying Civil Aircraft Certification and Registration

As described in Title 14 C.F.R. § 91.9(b)(2) and § 91.203(a) and (b) , these documen ts require the operator to carry airworthiness documents and other aircraft manuals onboard the aircraft. In addition, in section 14 C.F.R. § 91.203(a) and (b): " no person may operate a civil aircraft unless it has within it the following:

(1) An appropri ate 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 cockpi t entrance so that it is legible to passengers or crew."

Given the small size and configuration of the UAS, it would be impossible to keep airworthiness documents and other aircraft manuals on board the UAS because there is simply no room and the

UAS has n o cabin or cockpit. In order to maintain access to these key documents, the petitioner

will have access to these documents the at the ground control station from which he or she is piloting the UAS to maintain a pertinent level of safety.Page 11 of 22

Eastern Michigan University

Equivalent Leve l of Safety

In an FAA Office of Chief Counsel's Opinion dated August 8, 2014, and prepared by Dean E. Griffith, Attorney, AGC

- 220, it was acknowledged that the intent of 14 C.F.R. 91.9(b) and 91.203(a) and (b) is met if the pilot 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 1 . 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 ground control station from which he or she is piloting the UAS.

F. 91.103: Preflight Action

EMU 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 t he operator of the UAS will be familiar with all information necessary to safely conduct the flight, an exemption is requested to the

extent that an FAA

- approved f light m anual is required.

Equivalent Level of Safety

Strict a dherence to the requirements in the operating documents will ensure that the UAS is in an airworthy condition prior to flight. All operators 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 operator will also be required to review weather, flight requirements, battery charge, landing and takeoff distance, UA S performance data, and contingency landing

areas

— before initiation of flight. Petitioner's operating documents wi ll be kept at the ground control station and will be accessible at all times while operating the UAS.

G. 91.109(a): Flight Instruction

Petitioner seeks an exemption from 14 C.F.R. § 91.109(a), which provides in 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." UAS and remotely piloted aircraft, by their design, do not have functional dual controls. Instead, flight control is accomplished through the use of a device that communicates with the aircraft via radio communications. Accordingly, an exemption will be required for the flight instruction requirements of 14 C.F.R. § 91.109(a).

1 Memorandum from Mark Bury, FAA Assistant Chief Counsel for International Law, Legislation and Regulation, to John Duncan, F AA Flight Standards Service (Aug. 8, 2014); see also Docket No. FAA

- 2014

- 0352 at 16

- 18.Page 12 of 22

Eastern Michigan University

Equivalent Level of Safety

Given the size and speed of the assigned UAS, an equivalent level of safe training can still be achieved without dual controls because no pilot or passengers are aboard the UAS, and as required by the operating documents and EMU policy , all persons will be a safe d istance away in

the event that the UAS has trouble during flight instruction. In addition , all flight training will be

conducted in a controlled environment away from structures and personnel.

H. 91.119(c): Minimum Safe Altitudes O ver Other Than Congested Areas

EMU requests an exemption from the minimum safe altitude requirements of 14 C.F.R. § 91.119(c).10 Section 91.119 prescribes the minimum safe altitudes under which aircraft may not operate, including 500 feet above the surface and away from any pers on, vessel, vehicle, or

structure in non

- congested areas. (as described in 14 C.F.R. § 91.119(c ))

.

EMU seeks an exemption to this rule as under normal operations

, the assigned UAS will operate

at altitudes below 400 feet AGL. Additionally, due to the nat ure of the proposed operations, the operator and/or o bservers may need to be less than 500 feet away from the UAS. Compared to flight operations with other rotorcraft weighing more than the maximum weights of the UA S described here and also, as the aircraf t operates on battery power only

, operations proposed at low level pose less risk than those that presently exist with conventional aircraft.

Equivalent Level of Safety

An equivalent level of safety will be achieved given the size, weight, and speed of the UAS as well the controlled location where the operations will occur. In order to avoid any risk to manned aircraft, flight operations will be restricted to below 400 feet AGL. T he UAS will be operated in a controlled environment, and all flights will o ccur at a lateral distance of at least 500 feet from nonparticipating persons, unless that person is in a position where he or she is shielded from the UAS and any possible debris resulting from UAS failure.

Procedures will be in place to ensure flight o perations can be safely terminated if a nonparticipating person within 500 feet of the UAS leaves a shielded position. As described

above

, all UAS operations will occur at least 500 feet away from vehicles or structures unless the property owner/controller has granted permission and the operator has made a safety assessment of the risk of operating clos er to those objects and operations near the PIC or o bserver will not present an undue hazard per § 91.119(a). Adherence to these restrictions by EMU will ens ure the proposed operations can be conducted without compromising safety to persons or property on the ground

.Page 13 of 22

Eastern Michigan University

I. 91.121: Altimeter Settings

In order for EMU to operate the UAS under the proposed project , we request an exemption from 14 C.F.R. § 91 .121, which requires a person operating an aircraft to maintain cruising altitude or flight level by reference to an altimeter that is set to the elevation of the departure airport or barometric pressure.

Equivalent Level of Safety

In previous FAA 333 e xemptions, the agency has stated that an equivalent level of safety to the requirements of 14 C.F.R. § 91.121 can be achieved in circumstances where: (1) the UAS will be operated 400 feet AGL or below, (2) within VLOS, (3) where GPS based altitude informat ion 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 operator to confirm accuracy of

the onboard GPS.

The UAS s that Petitioner intends to use for performing the proposed operations meet all these operational characteristics. Moreover, the operating documents require the operator to calibrate the aircraft's GPS compass prior to each flight operation. As the FAA has determined in

circumstan ces similar to this Petition for Exemption, Petitioner’s proposed UASs and the safety mitigation procedures contained in the operating documents, ensure that an equivalent level of safety will be achieved, and a grant of exemption to the requirements of § 191.121 is therefore appropriate

.

J. 91.151(a): Fuel Requirements for Flight in VFR Conditions

EMU requests an exemption from 14 C.F.R. § 91.151(a)'s fuel requirements for flight in VFR

conditions. Section 91.151 states:

(a) No person may begin a fligh t 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

fr om the fuel requirements of 14 C.F.R. § 91.151(a) is therefore required. The FAA has routinely previously granted relief from the fuel requirements of § 91.151(a) for flight in daytime VFR conditions, for example in the exemption dockets listed below where FAA 333 exceptions were granted for similar UAS ’

.

 Exemption No. 11404, Regulatory Docket No. FAA

– 2015

– 0120

 Exemption No. 12785, Regulatory Docket No. FAA

– 2015

– 1259

 Exemption No. 12984, Regulatory Docket No. FAA−2015−2816Page 14 of 22

Eastern Michigan University

Equivalent Level of Safety

Operat ion of the UAS with less than 30 minutes of reserve fuel does not include the type o f risks that Section 91.151(a)(1) was intended to alleviate given the size and speed of t he UAS, and the proximity of the flight operation to the landing zone.

An equivale nt level of safety will be achieved because all flights will be planned to be terminated with no less than 25% reserve battery power still available. This restriction w ould be more than adequate to return the UAS safely to the ground and its planned landin g zone in its identified operating area even in the event of an unexpected occurrence.

VI. DRUG AND ALCOHOL PROGRAM

Eastern Michigan University policy prohibits employees and students from reporting to work or working under the influence of alcohol, illegal drugs or prescribed drugs that impair their ability to complete position duties. This prohibition includes operating any type of vehicle on University property while legally considered to be under the influence of alcohol or any drug. By definition,

this policy extends to UAS flight operations and EMU will ensure that UASs are included.

VII. PUBLIC INTEREST

As the reason for this petition is fundamental academic training and associated research

activities

, EMU believes that the public interest will be served by granting Eastern Michigan University’s Petition for Exemption. The aim of the researchers that will first deploy the UAS is to investigate air quality on the Detroit Urban Corridor. Nearly half of Americans live in areas with "unhealthy" levels of ozo ne pollution. Data from the American Lung Association shows exposure to ozone causes irritation of the respiratory system, reduced lung function, aggravation of asthma, and is implicated in premature death. The EPA regulates ozone and states that 'moderate ' ozone is above 50 parts per billion. However, this level may be too high and need further regulation in the future.

Studies show ozone across the United States will become far more difficult to keep in check as temperatures rise due to climate change and that Americans face the risk of a 70% increase in unhealthy summertime ozone events by 2050. However, p lumes of toxic gases can transport these molecules many miles from the source and can impact air quality far from these sources. Also, plumes have signi ficant vertical as well as horizontal components that need to be investigated to full quantify their effects. Clearly, we need to measure and carefully track changes to this harmful gas now, and in the future and utilizing research programs supported by

th e proposed operations in this Petition for Exemption.

UAS technology will also allow academic instruction that affords prospective GIS professionals to work more efficiently using technologies that are becoming standard tool s in the profession. The potent ial applications of UAS will be critical to EMU’s mission of preparing individuals for Michigan’s and the Nation’s workforce.Page 15 of 22

Eastern Michigan University

III. PRIVACY

The proposed operations will be conducted in accordance with applicable federal, state, or local laws regarding pri vacy. EMU will not conduct flight operations over private property without the prior consent and knowledge of the property owner.

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:

EMU seeks an exemption from several interrelated provisions of 14 C.F.R. Parts 45, 61 and 91 for purposes of conducting the requested operations using small UAS, including: 91.9(c); 45.23(b) a nd 45.27(a); 91.405(a); 91.407(a)(1); 91.409(a)(1) and (2); 91.417(a) and (b); 61.23 (a) and (c); 61.113; 61.101(e)(4) and (5), 61.315: 91.7(a); 91.9(b)(2); 91.203(a) and (b); 91.103; 91.109(a); 91.119(c); 91.121; and, 91.151(a).

Eastern Michigan Universi ty seeks exemption from above provisions to operate small unmanned aircraft systems for the purpose of conducting aerial data collection, including remote sensing

, imaging and surveyi ng, in support of its education, research and administrative operations. As the reason for this petition is fundamental academic training and associated research activities,

EMU believes that the public interest will be served by granting Eastern Michigan University’s Petition for Exemption.

X. CONCLUSION

The proposed operatio ns in this Petition for Exemption satisfy the criteria articulated in Section 333 of the Reform Act and the FAA has issued grants of exemption in circumstances similar in all respects to those presented by EMU in this Petition for Exemption. In considerati on of the foregoing, EMU respectfully submits that this Petition for Exemption qualifies for expedited approval via the FAA's summary grant process.

We thank you for your prompt consideration of our requested exemptions. Should you have any questions, or if you need additional information to support the requested exemptions, please do

not hesitate to contact us.

Sincerely,

Mark H. Wesley, PEM Emergency Management Director Eastern Michigan University

### Attachment A Eastern Michigan University Unmanned Aerial Systems Operating Procedur e

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- 16 EMU/EM/UAS

Page 16 of 22 I. Overview An upsurge in the opportunities t o enhance academic instruction and research through the use of Unmanned Aerial Systems (UAS) has led to the establishment of th is procedure . Since the terms Unmanned Aerial Vehicle, Unmanned Aircraft System and Remotely Piloted Aircraft (RPA) are often u sed synonymously, this document will use the term UAS to standardize and describe all unmanned aircraft systems.

II. Purpose The purpose of this document is to provide guidance for Eastern Michigan University (EMU) personnel (faculty, students, staff) operat ing an Unmanned Aerial System (UAS) in support of academic, research, athletic, public safety or administrative activities. This procedure

consider s the entire system, not just the vehicle when operating an UAS. By doing so, this

will help ensure the safety of individuals and property during flight operations. This procedure is not an exhaustive document nor should it be considered the only source to

reference.

III. Concept of Operations Unmanned Aerial Systems (UASs) or “drones” are auton omous aerial vehicles that are often equipped with cameras, sensors

, or other equipment in order to collect assorted data and perform functions from an aerial vantage point. Drones are built to fly remotely using frequency control, GPS and other sensors fr om operators on the ground. They are not built to hold a human pilot and frequently operate on batteries, which limit their flight time.

The UAS has four subsystems: aircraft, data links (deployment, control, and return), ground control equipment, and th e pilot/operator. In general, UAS operations can occur within visual line of sight (VLOS), extended visual line of sight (EVLOS) (within electronic line of sight of the ground control station) or beyond visual line of sight (BVLOS). The UAS may be

control led manually by a pilot or autonomously through the use of programming and autopilot.

The autonomy of UASs during flight ranges from simply being able to take off and land on their own, with human control over in flight actions and movements, to complete autonomous movement in more advanced systems. They are generally connected to ground bases which are often handheld computers, allowing an operator to observe the drone’s flight patterns and data gathering through a display screen on the ground connected t o a camera or cameras on the UAS. This allows an operator to maintain control over the drone in flight even if it leaves the line of sight of the operator, ensuring that it does not become lost or

crash in the event it goes off course.

### Attachment A Eastern Michigan University Unmanned Aerial Systems Operating Procedur e

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Page 17 of 22 IV. General Ope rating Rules

1. UAS will be operated in accordance with all applicable federal, state, and local regulatory requirements, including Section 333 of the FAA Modernization and Reform Act of 2012 and any exemptions granted by the FAA under Section 333.

2. UAS opera t ions shall comply with all applicable Eastern Michigan University requirements.

3. The Pilot in Command (PIC) shall maintain documentation of system operating certification, flight operations manual, maintenance logs and flight logs (as required) for

each UAS operation.

4. All UAS operating within visual line of sight below 400 feet shall have at least one designated visual observer to identify and avoid potential safety issues.

5. All UAS shall be in airworthy condition to conduct fli ght operations in the National Airspace System (NAS). The PIC shall assert that an equivalent level of safety will be provided through adherence to maintenance and safety checklist usage in addition to compliance with manufacturer guidance.

V. Operations

1. Pr ior to any flight operation, the PIC will coordinate with the Department UAS

Coordinator and Emergency Management Director a plan for ensuring that the flight operation is in compliance with University policy and that the area of operation is

deemed safe.

2. All UAS flight operation s shall be controlled by a Pilot in Command (PIC). Completely autonomous UAS operations should not be conducted.

3. All UAS operations should occur within Visual Line of Sight (VLOS), or Extended Visual Line of Sight (EVLOS) range. Operation beyond VLOS is not allowed over EMU property unless an approved method of aerial separation and collision avoidance exists

and has been approved by both the Department UAS C oordinator and Emergency Management Director and the operations are in accordance with FAA requirements.

4. Operating within VLOS means that the PIC or visual observer is able to maintain direct, unaided (other than corrective lenses) visual contact with the unmanned aircraft, which is sufficient to monitor its flight path in relation to other aircraft, persons, vessels, vehicles

and structure s for the purpose of avoiding collisions.

5. VLOS operations on EMU propert y are normally accepted out to a maximum distance of

one

‐ quarter nautical mile ( 463.3 meters ) horizontally and under 400 feet vertically from the UAS pilot.

### Attachment A Eastern Michigan University Unmanned Aerial Systems Operating Procedur e

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Page 18 of 22 6. EVLOS operations are operations where the PIC is still able to com ply with his collision avoidance responsibilities, but the need for the remote pilot to maintain direct visual contact with the unmanned aircraft is addressed via other methods or procedures. It is important to note, however, that collision avoidance is st ill achieved through ‘visual observation’ (by the PIC or UAS Observers.) The PIC shall submit a safety plan including a risk assessment for the EVLOS operation.

EVLOS operational factors to be taken into consideration include:

i. The procedu res for avoiding collisions.

ii. Aircraft size and configuration.

iii. Aircraft color and markings.

iv. Aircraft aids to observation.

v. Meteorological conditions and visibility, including background conditions.

vi. The use of deployed observers.

vii. Operating range limits

‐ suit able radio equipment should be fitted in order to be able to effect positive control over the unmanned aircraft at all times.

viii. Contingency plans for loss of link event.

7. UAS operations should utilize one or more trained visual observers to assist the PIC wi th

see

‐ and

‐ avoid responsibilities by scanning the area around the aircraft and assisting the PIC with navigational awareness. The visual observer(s) should have a reliable method of

instantaneous communications with the PIC such as two

‐ way radios.

8. The PIC and visual observer(s) together should have a view of the area that is sufficient to allow enough time for the PIC to de

‐ conflict as required. When multiple visual observers are being used, it is important for the PIC to know which visual observer(s)

have dire ct visual contact on the aircraft. Visual observers should:

i. Be designated as such and not share in any other duties associated with the flight.

ii. Establish an observation position having a clear view of the UAS operating area.

iii. Be briefed on lost communicatio ns procedures prior to the flight.

iv. Be in communication with PIC either within speaking distance or via portable

communications device.

v. Keep the PIC informed of possible hazards (power lines, towers, birds, other aircraft, and weather conditions.

vi. Be trai ned in areas such as aviation terminology, Visual Flight Rules (VFR), airspace requirements and applicable aviation regulatory requirements.

9. Weather observations should be taken near enough to the operation that it is reasonably

certain they are valid; for exam ple, an airport’s observations can be used if the airport is within several miles and the conditions appear to be uniform. A reliable method of determining wind speed, ceiling and visibility should be used.

### Attachment A Eastern Michigan University Unmanned Aerial Systems Operating Procedur e

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Page 19 of 22 10. EMU will not permit night operations unless the PI C provides a safety case and sufficient mitigation measures to avoid safety & collision hazards at night. If approved, multiple observers shall be assigned and they shall be in place 30 minutes prior to night operations to ensure dark visual adaptation.

11. The PI C shall develop a flight operations plan that includes procedures and checklist information for pre

‐ flight, in flight, post flight, emergency procedures, and limitations.

12. Notification to other potential users of the airspace and appropriate regulatory authorities should be issued with ample time for those operators/regulators to plan appropriately.

13. A ll UAS operations shall include a pre

‐ flight brief conducted by the PIC. The briefing

should include at a minimum:

i. Mission overview.

ii. Hazards unique to the mission (including potential sources of interference).

iii. Identify any special airspace and restrictions

. iv. Weather (current and forecast ceiling, visibility and winds).

v. Mission altitude.

vi. Lost l ink, divert and flight termination procedures.

vii. Identification of any public or residential areas near flight path and privacy

concerns. viii. Flight time and fuel/battery req uirements.

ix. Fuel reserves/minimum voltage requirements.

x. Communications equipment to be used.

14. Immediately prior to each launch, the PIC shall:

i. Perform a pre

‐ flight inspection.

ii. Run system diagnostics.

iii. Conduct engine run test.

iv. Check battery, sensors, etc.

v. Verify communications with the visual observer(s).

15. Lost link procedures shall comply with applicable regulatory requirements.

i. The appropriate Air Traffic Con trol facility should be notified immediately.

ii. Lost link procedures should avoid flight over any populated areas and hazards, as well as any frequently travelled flight paths.

iii. The time and duration of each lost link event should be recorded by the operator.

iv. The designated return site should be clear of any personnel and hazards in the event of an immediate lost link return to base and landing.

v. Provisions will be made to immediately discontinue operations should the area become unsecured or for any other reas on in the interest of safety.

16. Requests to video or photograph University property should be directed to University Marketing.

### Attachment A Eastern Michigan University Unmanned Aerial Systems Operating Procedur e

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Page 20 of 22 17. Systems must not be flown over people not directly involved in flight operations or within 300 feet of campus buildings or structures.

18. Systems may not be operated in populated area s or near large groups of people, (such as sporting events, concerts, festivals). They may not be flown anywhere on the Eastern Michigan University campus on football game days. The FAA prohibits all flight activity within three (3) nautical miles of a st adium having a seating capacity greater than 30,000 people one hour prior to an NCAA event through one hour after conclusion.

VI. Responsibilities

1. The Emergency Management Office shall:

i. Maintain and update the Unmanned Aerial System Procedures as necessary.

ii. Provide coordination and support to departments currently using or planning to implement UAS tec hnologies.

iii. Maintain a list of departmental UAS program coordinators.

2. University Departments engaged in using an Unmanned Aerial System (UAS) shall:

i. Assign a UAS Coordinator responsible for coordination and oversight within the department.

ii. Inform the EMU Emergency M anager of the person assigned as UAS

Coordinator.

iii. Review and approve UAS o peration a pplications.

iv. Document and retain employee and student training records, operational plans and flight logs.

v. Tak e appropriate corrective action when unsafe use or non

- compliance is reported.

vi. Ensure retraining takes place whenever DPS or the overseeing department is

notified or identifies deficiencies in procedures

. vii. The training shall reestablish operator proficiency and introduce new or revised control methods and procedures, as necessary

.

3. Department UAS Coordinators shall:

i. Coordinate overall implementation of this program within their department.

ii. Train employees and/or students in the proper and safe operation of the assigned

UAS.

iii. Maintain documentation that certifies that the PIC has been trained in the proper procedures for UAS operation.

iv. Retain training records for the period identified by the University’s record retention policies, or period established by the program guidance (i.e. grant requirements).

### Eastern Michigan University UAS Operations Application

Rev. 1.0 11/15

Page 21 of 22  In order to obtain approval for the operation of a UAS over E MU property the operator must file application with the Emergency Management Office at least 14 days prior to the planned operation.

 Approval may be rescinded if it is determined that the information provided is incorrect, incomplete or

if circumstances h ave changed and a determination is made that the planned operation is not in the University’s best interest.

User Category 

###  Government 

###  Commercial

Name of UAS Operator (PIC) Company or EMU Department

Address
City State Zip Code

Phone Email
Name of Safety Spotter

If non

- EMU Operator, EMU Department Sponsoring Operation
Purpose of the
Operation (Attach narrative describing the purpose of the UAS activity, details of flight

activities)
Location(s) of
Operation
Date(s) of
Operation Tim e(s) of
Operation
Current required

FAA licenses or
permissions (attach copy of FAA approval) 

###  COA 

###  333 Exemption 

###  None

Description of
equipment used

UAS ID/Model

Data collection 

###  Yes



###  No Type of Data 

###  Video 

###  Photo imagery 

###  Other

Intended use of

data collected
I attest that the above information is correct and current to the best of my knowledge.

Signature of person filing application:

Operational Plan 

###  Approved 

###  Denied

Comments

Reviewed by (EMU Emergency Management) Date Reviewed

### Eastern Michigan University UAS Operations Application

Rev. 1.0 11/15

Page 22 of 22 

###  Ope rator and assisting flight personnel should have thorough training on the system in use and FAA policies.



###  UAS aircraft operated on or above EMU property must be labeled with the name, address, and phone number of the owner. The operation of any Unmanned A erial System over exterior lands not owned and operated by EMU shall fall under local, state and federal regulations for UAS usage.



###  Operators will notify the Emergency Management Director before use on campus and will notify the Director upon leaving camp us.



###  Systems must remain within visual range of the operator(s), not to exceed one quarter
nautical mile ( 463.3 )

.



###  Systems should only be flown during daylight hours and in good weather.



###  Systems may not be flown more than 400 feet above ground level.



###  Systems should not be used to collect data, imagery or video in areas where there is a reasonable expectation of privacy.



###  Requests to video or photograph University property should be directed to University Marketing.



###  Systems must not be flown over peo ple not directly involved in flight operations or within 300 feet of campus buildings or structures.



###  Systems may not be operated in populated areas or near large groups of people, (such as sporting events, concerts, festivals). They may not be flown anyw here on the Eastern Michigan University campus on football game days. The FAA prohibits all flight activity within three (3) nautical miles of a stadium having a seating capacity greater than 30,000 people one hour prior to an NCAA event through one h our after conclusion.



###  Permission should be requested and received before entering private property to recover a downed system.