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Eastern Michigan University

January 21, 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 and 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”) identified below to operate small unmanned aircraft systems or 

UAS for the purpose of conducting aerial data collection, including remote sensing, imaging and 

surveying, in support of its education, research and administrative operations. EMU respectfully 

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

Administration (FAA) has previously issued grants of exemption in circumstances similar in all 

material respects to those presented herein.

I. BACKGROUND & DESCRIPTION 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 School. Eastern Michigan University offers degrees and programs at the 

bachelor, master, specialist and doctoral levels. There are more than 200 majors and minors at 

the undergraduate level, and more than 170 graduate programs. EMU has six academic divisions 

and eight university sites, which include satellite campuses. The university's main site is 

composed of an academic and athletic campus spread across 800 acres (3.2 km2), with over 120 

buildings. EMU has a current total enrollment of more than 23,000 students.

The potential applications of UAS will be critical to EMU’s mission of preparing individuals for 

Michigan’s and the Nation’s workforce, including 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. 
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Eastern Michigan University

For these reasons, EMU seeks an exemption for commercial operations of small UASs for 

conducting aerial data collection, research and other initiatives 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.

The 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 OPERATIONS

Eastern Michigan University (EMU) seeks an exemption pursuant to Section 333 of the FAA 

Modernization and Reform 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 educational, research,

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 sensing 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 conservation 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 collection 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 the atmospheric chemistry research group, housed within the 

Department of Chemistry, College of Arts and Sciences hopes to use an 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 commercial off-the-shelf (COTS) UAS's that are readymade and available for sale to the general public coupled with micro-sensors that interface with 
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Eastern Michigan University

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

and in three dimensions yet, with similar resolution and detection limit as those previously 

available, but at a fraction of the cost and power demands. 

The 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 UASs, 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 less 

unusable imagery. In addition, turnaround time is a few hours, instead of days, weeks, or months 

in the case of traditional delivery times. 

COTS UAS platforms for use by EMU include: Ascending Technologies (AscTec) Pelican, 

AscTec Firefly, AscTec Hummingbird, 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, 3D Robotics Iris+, 3D Robotics Solo, 3D Robotics 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 new 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, the FAA has previously issued grants of exemption 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 for education and research 

operations, aerial surveying and mapping, wildlife and foresting monitoring/surveys, 

environmental and climate monitoring.(Docket No. FAA–2015–3802).
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Eastern Michigan University

III. RELEVANT STATUTORY AUTHORITY 

This Petition for Exemption is submitted pursuant 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 Administrator decides a requested 

exemption is in the public interest. See 49 U.S.C. § 106(f) (defining the authority of the 

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

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

exemption: (1) would benefit the public as a whole, and (2) would not adversely affect safety (or 

how it would provide a level of safety at least equal to the existing rules). See 14 C.F.R. § 11.81 

(petitions for 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 Reform 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 in this Petition for Exemption. 

The FAA is familiar with 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 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, 3D Robotics Iris+, 3D Robotics Solo, 3D Robotics 

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; Exemption No. 11786 to Tabitha Femmer; Exemption No. 

11767 to Brett Baker; Exemption No. 11770 to Crosstimbers Video Partners LLC.
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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 to 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.; Exemption 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; Exemption 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 iFly 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; Exemption 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 Systems 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: Exemption 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.
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Eastern Michigan University

 3D Robotics Solo: Exemption 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 LLC; 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 Draganfly 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 respond to a loss of GPS or a lost-link event with a precoordinated, 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 command 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 

 They all operate at a speed of 87 knots or less. 
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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 operations 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 Aircraft 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 Flight in VFR 

Conditions
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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 “Interim final rule regulatory evaluation registration and 

marking requirements for small unmanned 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. The UAS described in this petition is currently registered in the “hobby 

and recreation” 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), Civil Aircraft Flight Manual, Marking and Placard Requirements, 

provides that: 

No person may operate a U.S.-registered civil aircraft unless that aircraft is identified in 

accordance with Part 45 of this chapter. 

 14 C.F.R. § 45.23(b), Markings of the Aircraft, states: "When marks include only the 

Roman capital letter "N" and the registration number is displayed on limited, restricted or 

light-sport category aircraft or experimental or provisionally certificated aircraft, the 

operator must also display on that aircraft near each entrance to the cabin, cockpit, or 

pilot station, in letters not less than 2 inches nor more than 6 inches high, the words 

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

 14 C.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 

maintenance 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 of exemption will not 

have. 
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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 Service 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. The 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, preventative 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 maintenance 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 

flight 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 flightcritical 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 sections, 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 the skill and competency of any 

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 platform only and not part of a commercial 

operation, neither will it carry neither passengers nor cargo. 

In several examples of previous waivers, the FAA determined that the unique characteristics of 

UAS operation outside of controlled airspace did not warrant 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 pilot 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 granted 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 evasive and emergency maneuvers and maintaining appropriate distances from 

persons, vessels, vehicles and structures. EMU will require all UAS operators to be thoroughly 
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Eastern Michigan University

trained in the unique aspects of UAS flight and the PIC is competent and proficient in the 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 level 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 all 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.

Equivalent 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 documents 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 appropriate and current airworthiness certificate...

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

paragraph (a) of this section or a special flight authorization issued under § 91.715 is displayed at 

the cabin or cockpit entrance so that it is legible to passengers or crew."

Given the small size and configuration of 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 no 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.
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Equivalent Level of Safety

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

Griffith, Attorney, AGC-220, it was acknowledged that the intent of 14 C.F.R. 91.9(b) and 

91.203(a) and (b) is met 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 aircraft1. 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 the 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 flight manual is required. 

Equivalent Level of Safety

Strict adherence 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, UAS performance data, and contingency landing 

areas—before initiation of flight. Petitioner's operating documents will 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, FAA Flight 

Standards Service (Aug. 8, 2014); see also Docket No. FAA- 2014-0352 at 16-18.
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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 distance 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 Over 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 person, 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 nature of the proposed operations, the 

operator and/or observers 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 UAS

described here and also, as the aircraft 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. The UAS will be operated in 

a controlled environment, and all flights will occur 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 operations 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 closer to those objects and operations near the PIC or observer will not 

present an undue hazard per § 91.119(a). Adherence to these restrictions by EMU will ensure the 

proposed operations can be conducted without compromising safety to persons or property on 

the ground.
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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 exemptions, 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 information is 

relayed in real time to the operator at a ground-based on-screen display and, (4) where prior to 

each flight, a zero altitude initiation point is established for the operator to confirm accuracy of 

the onboard GPS. 

The UASs 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 

circumstances 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 flight in an airplane under VFR conditions unless (considering wind 

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

and, assuming normal cruising speed –

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

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

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

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

from the fuel requirements of 14 C.F.R. § 91.151(a) is therefore required. 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−2015−2816
Page 14 of 22

Eastern Michigan University

Equivalent Level of Safety

Operation of the UAS with less than 30 minutes of reserve fuel does not include the type of risks 

that Section 91.151(a)(1) was intended to alleviate given the size and speed of the UAS, and the 

proximity of the flight operation to the landing zone.

An equivalent 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 would be more than 

adequate to return the UAS safely to the ground and its planned landing 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 ozone 

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, plumes of toxic gases can transport 

these molecules many miles from the source and can impact air quality far from these sources. 

Also, plumes have significant 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 

the 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 tools in the profession.

The potential 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 privacy. 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) and 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 University seeks exemption from above provisions to operate small unmanned 

aircraft systems for the purpose of conducting aerial data collection, including remote sensing, 

imaging and surveying, 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 operations 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 consideration 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 Procedure

Rev.1 -16 EMU/EM/UAS

Page 16 of 22

I. Overview

An upsurge in the opportunities to enhance academic instruction and research through the use 

of Unmanned Aerial Systems (UAS) has led to the establishment of this procedure. Since the 

terms Unmanned Aerial Vehicle, Unmanned Aircraft System and Remotely Piloted Aircraft 

(RPA) are often used 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) operating an Unmanned Aerial System (UAS) in support 

of academic, research, athletic, public safety or administrative activities. This procedure

considers 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 autonomous 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 from 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 the 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 

controlled 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 to 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 Procedure

Rev.1 -16 EMU/EM/UAS

Page 17 of 22

IV. General Operating 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 operations 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 flight 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. Prior 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 operations 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 Coordinator 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 structures for the purpose of avoiding collisions.

5. VLOS operations on EMU property 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 Procedure

Rev.1 -16 EMU/EM/UAS

Page 18 of 22

6. EVLOS operations are operations where the PIC is still able to comply 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 still 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 procedures 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 ‐ suitable 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 with 

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 direct 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 communications 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 trained 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 example, 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 Procedure

Rev.1 -16 EMU/EM/UAS

Page 19 of 22

10. EMU will not permit night operations unless the PIC 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 PIC 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. All 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 link, 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 requirements.

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 Control 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 reason 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 Procedure

Rev.1 -16 EMU/EM/UAS

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 areas 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 stadium 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 technologies.

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 Manager of the person assigned as UAS 

Coordinator.

iii. Review and approve UAS operation applications.

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

flight logs.

v. Take 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 EMU 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 have 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

Time(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

 Operator 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 Aerial 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 campus.

 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 people 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 anywhere 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 hour after conclusion.

 Permission should be requested and received before entering private property to recover a 

downed system.