M. Anne Swanson T: +1 202 776 2534 aswanson@cooley.com

October 12, 2015 Mr. Earl Lawrence Unmanned Aircraft Systems Integration Office AFS-80 800 IndependenceAve., S.W. Washington, D.C. 20591 Dear Mr. Lawrence: VIA EMAIL & ELECTRONIC FILING

Enclosed please find an exemption application filed on behalf ofthe University of Miami under Section 333 of the FAA Modernization and Reform Act of 2012 and 14 C.F.R. Part 11 to allow commercial operations of unmanned aircraft. 1 Ifyou oryourstaff have any questions, please contact me. 

# (J?;?-

M. Anne Swanson
MAS:taf Enclosure
cc: Rick May JakeTroutman Dean Griffith Dan Ngo

1Confidential manuals associated with this request, which are exemptfrom disclosure underthe Freedom of Information Act, are being filed underseparate cover.

1299 PENNSYLVANIA AVENUE, NW, SUITE 700, WASHINGTON, DC 20004-2400 T: (202) 842-7800 F: (202) 842-7899 WWW.COOLEY.COMM. Anne Swanson +1202 776 2534 aswanson@cooley.com

U.S. DepartmentofTransportation Docket Management System 1200 NewJerseyAve., SE Washington, DC 20590 October 12, 2015

RE: Exemption Request Section 333 ofthe FAA Reform Act and Part 11 ofthe Federal Aviation Regulations Dear Siror Madam: Pursuant to Section 333 ofthe FAA Modernization and Reform Act of 2012 (the "Reform Act") and 14 C.F.R. Part 11, the University of Miami (the "University") seeks an exemption from the Federal Aviation Regulations ("FARs") listed below and discussed in AppendixA. 1 The University seeks exemption from the listed FARs to allow its use of the following unmanned aerial vehicles: a) 3D Robotics IRIS b) 3D Robotics IRIS+ c) DJI Phantom 2 d) DJI Phantom 2 Vision+ e) DJI Phantom 3 Professional f) DJI Inspire I g) ParrotAR The University will use the unmanned vehicles as part of its academic, research, and athletic related activities and in university administration and communications by conducting (i) aerial data collection, involving, but not limited to, inspections of infrastructure following natural disasters and urban planning, and (ii) closed-set filming, so long as those operations are conducted within and under the conditions outlined herein or as established by the FAA in an exemption granted undereitherSection 333 or Section 49 U.S.C. 

### § 44701(f).

1 See Pub. Law 112-95, 126 Stat. 11, 

### § 333 (2012).

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### U.S. DepartmentofTransportation October 12, 2015 Page Two The University will operate in conformity with the separately filed flight operations, aircraft flight, and motion picture and television operations manuals.2 

### In addition, the operating conditions and limitations set forth below are identical to those in the exemption granted to Helicopters West, lnc. 3 

### The only material difference in this request is a change in the aircraft that the University proposes to use; however, the FAA has granted other petitioners' exemption requests for use of many of the above listed unmanned vehicles in various commercial uses.4 

### Because the unmanned vehicles specified in this request are the same crafts as the ones already approved in exemptions granted by the FAA, and the University will operate the aircraft in strict compliance with the conditions in existing exemptions previously granted by the FAA, oras they may be amended, notice need not be provided in the Federal Register nor public comment solicited. The University proposes to use small, lightweight unmanned aerial vehicles ("sUAS") to conduct aerial data collection and closed set filming, as noted above. For instance, in using the UAVs to collect aerial data, the University will be able to use the gathered information in its research and the instruction of students in several academic departments and to operate the craft for use in infrastructure inspections following hurricanes and othersevereweatherevents. Operations under the exemption will be subject to strict operating requirements and conditions to ensure at least an equivalent level ofsafety to currently authorized operations using manned aircraft and underconditions as may be modified by the FAA as required by Section 333. As described more fully below, the requested exemption would authorize commercial operations using unmanned vehicles, which with a maximum take-off weight of less than 55 pounds are lightweight and small in size. The unmanned vehicles will be operated under controlled conditions at low altitude in airspace that is limited in scope; they will have automated control features. The unmanned vehicles also will be operated by an individual possessing at least a recreational or sport pilot certificate and a U.S. state issued driver's license. The University hereby requests a blanket COA for flights up to 200 feet above ground level in the form approved by the FAA. The University acknowledges that under current FAA guidance, a

2

### The University requests that these manuals be maintained in confidence and not be placed in the public docket orotherwise disclosed to the public. As the information contained in the manuals includes trade secrets and commercial informationthat is confidential and not made available to the public, it is exemptfrom disclosure underthe Freedom of Information Act, 5. U.S.C. 

### § 552(b) and 14 C.F.R. Part 11. Should the FAA receive a requestfor access to these manuals, we would request notification ofsuch request priorto any action being taken by the FAA, as it may relate to the request. 3 See Helicopters West, Inc., 

### FAA Exemption No. 11559, Regulatory Docket No. FAA-2015- 0430 (May 12, 2015); see also NFL Productions LLC dba NFL Films, 

### FAA Exemption No. 12911, Regulatory Docket No. FAA-2015-2139 (September 17, 2015). 4 See, e.g., Mr. ChristopherGardner, 

### FAA Exemption No. 11458, Regulatory Docket No. FAA2015-0257 (May 5, 2015); JeffSkelleyStudio, 

### FAA Exemption No. 11463, Regulatory Docket No. FAA-2015-0237 (May 5, 2015).

1299 PENNSYLVANIA AVENUE, NW, SUITE 700, WASHINGTON, DC 20004-2400 T: (202) 842-7800 F: (202) 842-7899 WWW.COOLEY.COMU.S. Department ofTransportation October 12, 2015 Page Three separate Certificate ofWaiver orAuthorization ("COA") is required to fly at altitudes above 200 feet above ground level, and it will apply for such COAs when required. The Universitywill also file Noticesto Airmen for its flights, as required. The University respectfully submits that because these small, unmanned aerial vehicles will be used in lieu of comparatively hazardous operations that would otherwise be conducted with fixed wing and rotary conventional aircraft, the FAA can have confidence that the operations will achieve at least an equivalent level or greater level ofsafety. Approval ofthis exemption would thereby enhance safety and fulfill the Secretary of Transportation's (the FAA Administrator's) responsibilities under Section 333(c) of the Reform Act to "establish requirements for the safe operation ofsuch aircraft systems in the national airspace system." The name and address ofthe applicant are: University ofMiami Attn: MarcA. Weinroth, Assistant General Counsel 1320 South Dixie Highway Suite 1250 Coral Gables, Florida 33146 Ph: 305-284-2700 Email: mweinroth@miami.edu The regulations from which the exemption is requested are as follows: 14 C.F.R. 

### § 61.23(a) & (c); 14 C.F.R. 

### § 61.101(e)(4) & (5) 14 C.F.R. 

### § 61.113(a); 14 C.F.R. 

### § 61.315(a); 14 C.F.R. 

### § 91.7(a); 14 C.F.R. 

### § 91.119(c); 14 C.F.R. 

### § 91.121 14 C.F.R. 

### § 91.151(a); 14 C.F.R. 

### § 91.405(a); 14 C.F.R. 

### § 91.407(a)(1); 14 C.F.R. 

### § 91.409(a)(2); 14 C.F.R. 

### § 91.417(a) & (b) Appendix A discusses each rule listed above and explains why exemptions pursuant to the proposal set forth in this letter are appropriate, will provide an equivalent level ofsafety, and will be in the public interest. THE APPLICABLE LEGAL STANDARD UNDER SECTION 333 The University submits that grant of this exemption application for commercial use of the unmanned vehicles will advance the Congressional mandate in Section 333 ofthe Reform Act

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U.S. Department ofTransportation October 12,2015 Page Four
to accelerate the introduction of unmanned aerial systems ("UASs") into the national airspace system ("NAS") if it can be accomplished safely. This law directs the Secretary of Transportation to consider whether certain UASs may operate safely in the NAS before completion of the rulemaking required under Section 332 of the Reform Act. In making this determination, the Secretary is required to determine which types of UASs do not create a hazard to users of the NAS or the public or pose a threat to national security in light of the following:

• The sUAS's size, weight, speed, and operational capability; • Operation ofthe sUAS in close proximityto airports and populated areas; and • Operation ofthe sUAS within visual line ofsight ofthe operator. Reform Act 

### § 333(a)(1). If the Secretary determines that such vehicles "may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation ofsuch aircraft in the national airspace system." 

### /d. 

### § 333(c) (emphasis added).5 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, from the requirement that all civil aircraft must have a current airworthiness certificate and those regulations that require commercial pilots to operate aircraft in commercial service: The Administrator may grant an exemption from a requirement of a regulation prescribed under subsection (a) or (b) of this section or any of sections 44702- 44716 ofthis title iftheAdministratorfinds the exemption is in the public interest. 49 U.S.C. 

### § 44701(f). 

### See also 49 U.S.C. 

### § 44711(a); 49 U.S.C. 

### § 44704; 14 C.F.R. 

### § 91.203(a)(1). The grant of the requested exemption is in the public interest based on the clear direction in Section 333 ofthe Reform Act; the additional authority in the Federal Aviation Act, as amended; the strong equivalent level of safety surrounding the proposed operations; and the significant public benefit, including enhanced safety and cost savings associated with transitioning to sUASs for aerial data collection and closed-set filming. Accordingly, the applicant respectfully requests thatthe FAA grantthe requested exemption without delay. 6

5Applicant submitsthatthis provision places a duty on theAdministratorto not only process applications forexemptions under Section 333, butfortheAdministrator, if he deemsthe conditions proposed herein require modification to allow approval, to supply conditions forthe safe operation ofthe UAS. The Universitywelcomes the opportunityto consult with FAAstaff in orderto address any issues orconcerns that this proposal may raise orthatthey believe may require modification. 6 In filing this application, the University also is requesting thatthe FAA, as it has in recent decisions, combine the grant ofthe Section 333 exemption with a stand-alone Certificate of

1299 PENNSYLVANIA AVENUE, NW, SUITE 700, WASHINGTON, DC 20004-2400 T: (202) 842-7800 F: (202) 842-7899 WWW.COOLEY.COMU.S. DepartmentofTransportation October 12, 2015 Page Five

AIRCRAFTAND EQUIVALENT LEVEL OF SAFETY The applicant proposes that the exemption requested herein apply to civil aircraft that have the characteristics and that operatewith the limitations listed herein. These limitations provide for at least an equivalent or even higher level of safety to operations under the current regulatory structure because the proposed operations represent a safety enhancement to operations that would be conducted with conventional aircraft. These limitations and conditions, which are drawn from the exemption granted to Helicopters West's, Exemption No. 11559, and to which the University (or "operator") agrees to be bound when conducting commercial operations, are as follows: 1. Operations authorized by this grant ofexemption are limited to the 30 Robotics IRIS, 3D Robotics IRIS+, DJI Phantom 2, DJI Phantom 2 Vision+, DJI Phantom 3 Professional, DJI Inspire I, and Parrot AR when weighing less than 55 pounds including payload. Proposed operations of any other aircraft will require a new petition or a petition to amend this grant. 2. Operations forthe purpose ofclosed-set motion picture and television filming are permitted. 3. The UAS may not be operated at a speed exceeding 87 knots (100 miles per hour). The operator may use eithergroundspeed or calibrated airspeed to determine compliance with the speed restriction. In no case will the UAS be operated at airspeeds greaterthan the maximum UAS operating airspeed recommended bythe aircraft manufacturer. 

### 4. The UAS must be operated at an altitude of no more than

### 400feet above ground level (AGL). Altitude must be reported in feetAGL. 5. The UAS must be operated within visual line ofsight (VLOS) ofthe PIC at all times. This requires the PIC to be able to use human vision unaided by anydevice otherthan corrective lenses, as specified on the PIC's FAA-issued airman medical certificate or U.S. driver's license.

Operation ("COA") that will allow commercial operation ofthe unmanned vehicles without the necessity offiling fora COAfor each flight. Compliancewith the conditions agreed to herein and those that may be imposed by the FAA, as setforth in prior Section 333 exemptions, provide the separation needed from otheraircraft. Noticeto airmen and notice to airtraffic control can be provided bythe filing ofa NOT AM as set forth within the proposed conditions.

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U.S. DepartmentofTransportation October 12, 2015 Page Six 6. All operations must utilize avisual observer (VO). The UAS must be operated within the visual line ofsight (VLOS) ofthe PIC and VO at all times. The VO may be used to satisfy the VLOS requirement as long as the PIC always maintainsVLOS capability. The VO and PIC must be able to communicate verbally at all times. Electronic messaging or texting is not permitted during flight operations. The PIC must be designated before the flight and cannottransfer his or herdesignation forthe duration oftheflight. The PIC must ensure thatthe VO can perform the duties required ofthe VO. 7. The exemption and all documents needed to operatethe UAS and conduct its operations in accordance with the conditions and limitations stated in the grant of exemption are hereinafter referred to as the operating documents. The operating documents must be accessible during UAS operations and made available to the Administrator upon request. Ifa discrepancy exists between the conditions and limitations in this exemption and the procedures outlined in the operating documents, the conditions and limitations in the exemption take precedence and must be followed. Otherwise, the operator mustfollowthe procedures as outlined in its operating documents. The operator may update or revise its operating documents. It is the operator's responsibility to track such revisions and present updated and revised documents to the Administrator orany lawenforcement official upon request. The operator must also present updated and revised documents if it petitionsfor extension oramendmentto this grant ofexemption. Ifthe operatordeterminesthat any update or revision would affect the basis upon which the FAAgranted this exemption, then the operator must petition for an amendmentto its grant ofexemption. The FAA's UAS Integration Office (AFS-80) may be contacted ifquestions arise regarding updates or revisions tothe operating documents. 8. Any UAS that has undergone maintenance or alterations that affectthe UAS operation orflight characteristics, e.g., replacement ofaflight critical component, must undergo a functional testflight priorto conducting further operations underthis exemption. Functional testflights may only be conducted by a PIC with aVO and must remain at least 500feet from other people. The functional testflight must be conducted in such a mannerso as to not pose an undue hazard to persons and property. 9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is in a condition for safe operation. 10. Priorto each flight, the PIC must conduct a pre-flight inspection and determine the UAS is in a condition for safe flight. The pre-flight inspection mustaccountfor all potential discrepancies, e.g., inoperable components, items, orequipment. Ifthe inspection reveals a condition that affects the safe operation ofthe UAS, the aircraft is prohibited from operating until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight.

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U.S. Department ofTransportation October 12,2015 Page Seven
11. The operator mustfollowthe UAS manufacturer's maintenance, overhaul, replacement, inspection, and life limit requirements forthe aircraft and aircraft components. 12. Each UAS operated underthis exemption must comply with all manufacturersafety bulletins. 13. Underthis grant ofexemption, a PIC must hold either an airline transport, commercial, private, recreational orsport pilot certificate. The PIC must also hold a current FAA airman medical certificate ora valid U.S. driver's license issued by a state, the District of Columbia, Puerto Rico, aterritory, a possession, orthe Federal government. The PIC must also meetthe flight review requirements specified in 14 CFR 

### § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate. 14. The operator may not permit any PIC to operate unless the PIC demonstratesthe ability to safely operatethe UAS in a mannerconsistentwith howthe UAS will be operated underthis exemption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles, and structures. PIC qualification flight hours and currency must be logged in a mannerconsistentwith 14 CFR 

### § 61.51(b). Flights forthe purposes oftraining the operator's PICs and VOs (training, proficiency, and experience-building) and determining the PIC's abilityto safely operate the UAS in a mannerconsistentwith howthe UAS will be operated underthis exemption are permitted undertheterms ofthis exemption. However, training operations mayonly be conducted during dedicated training sessions. During training, proficiency, and experience-building flights, all persons not essential forflight operations are considered nonparticipants, and the PIC must operate the UAwith appropriate distance from nonparticipants in accordancewith 14 CFR 

### § 91.119. 15. UAS operations may not be conducted during night, as defined in 14 CFR 

### § 1.1. All operations must be conducted undervisual meteorological conditions (VMC). Flights underspecial visual flight rules (SVFR) are not authorized. 16. The UAS may not operate within 5 nautical miles of an airport reference point (ARP) as denoted in the current FAAAirport/Facility Directory (AFD) orfor airports not denoted with an ARP, the centerofthe airport symbol as denoted on the current FAA-published aeronautical chart, unless a letterofagreementwith that airport's management is obtained orotherwise permitted by a COA issuedtothe exemption holder. The letterof agreementwith the airport management must be made available to the Administrator or any lawenforcement official upon request. 17. The UAS may not be operated less than 500 feet below or less than 2,000feet horizontallyfrom a cloud orwhen visibility is less than 3 statute miles from the PIC. 18. Ifthe UAS loses communications or loses its GPS signal, the UAS must return to a predetermined location within the private orcontrolled-access property.

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U.S. Department ofTransportation October 12,2015 Page Eight 19. The PIC must aborttheflight in the event of unpredicted obstacles or emergencies. 20. The PIC is prohibited from beginning aflight unless (considering wind and forecast weather conditions) there is enough available powerforthe UA to conductthe intended operation and to operate afterthat for at leastfive minutes orwith the reserve power recommended by the manufacturer ifgreater. 21. AirTraffic Organization (ATO) Certificate ofWaiverorAuthorization (COA). All operations shall be conducted in accordancewith an ATO-issued COA. The exemption holder may applyfora new or amended COA if it intends to conduct operations that cannot be conducted underthe terms ofthe attached COA. 22. All aircraft operated in accordance with this exemption must be identified by serial number, registered in accordance with 14 CFR part 47, and have identification (N-Number) markings in accordancewith 14 CFR part 45, Subpart C. Markings must be as large as practicable. 23. Documents used by the operatorto ensure the safe operation and flight ofthe UAS and any documents required under 14 CFR 

### §§ 91.9 and 91.203 must be available to the PIC atthe Ground Control Station ofthe UAS any time the aircraft is operating. These documents must be made availableto the Administratororany lawenforcement official upon request. 24. The UAS must remain clear and givewayto all manned aviation operations and activities at all times. 25. The UAS may not be operated by the PIC from any moving device orvehicle. 26. All Flight operations must be conducted at least 500 feet from all nonparticipating persons, vessels, vehicles, and structures unless:
a. Barriers orstructures are presentthat sufficiently protect nonparticipating persons from the UAS and/or debris in the event ofan accident. The operator must ensurethat nonparticipating persons remain undersuch protection. Ifa situation arises where nonparticipating persons leave such protection and are within 500feet ofthe UA, flight operations must cease immediately in a mannerensuring the safety of nonparticipating persons; and, b. The owner/controllerofany vessels, vehicles orstructures has granted permission for operating closerto those objects and the PIC has made asafety assessment ofthe risk of operating closerto those objects and determined that it does not present an undue hazard.

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U.S. DepartmentofTransportation October 12, 2015 Page Nine The PIC, VO, operatortrainees oressential persons are not considered nonparticipating persons underthis exemption. 27. All operations shall be conducted over private orcontrolled-access propertywith permission from the property owner/controller or authorized representative. Permission from property owner/controller orauthorized representative will be obtained for each flight to be conducted. 28. Any incident, accident, orflight operation thattransgressesthe lateral orvertical boundaries ofthe operational area as defined bythe applicable COA must be reported to the FAA's UAS Integration Office (AFS-80) within 24 hours. Accidents must be reported to the National Transportation Safety Board (NTSB) per instructions contained on the NTSBWebsite: www.ntsb.gov. 29. The operator must have a motion picture and television operations manual (MPTOM) as documented in this grant ofexemption. 30. At least 3 days before aerial filming, the operatorofthe UAS affected by this exemption mustsubmit awritten Plan ofActivities to the local Flight Standards District Office (FSDO) with jurisdiction overthe area ofthe proposed filming. The 3-day notification may be waived with the concurrence ofthe FSDO. The plan of activities must include at leastthe following:
a. Dates and times for all flights; b. Name and phone numberofthe operatorforthe UAS aerial filming conducted underthis grant ofexemption;
c. Name and phone number ofthe person responsible forthe on-scene operation of the UAS; d. Make, model, and serial or N-Numberof UAS to be used;
e. Name and certificate number ofthe UAS PICs involved in the aerial filming; f. A statementthatthe operator has obtained permission from property owners and/or local officials to conductthe filming production event; the list ofthose who gave permission must be made available to the inspector upon request; g. Signature ofexemption holderor representative; and h. A description ofthe flight activity, including maps ordiagrams ofany area, city, town, county, and/orstate overwhich filming will be conducted and the altitudes essential to accomplish the operation.

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U.S. Department ofTransportation October 12, 2015 Page Ten 31. Flight operations may be conducted closerthan 500 feet from participating persons consenting to be involved and necessaryforthe filming production, as specified in the exemption holder's MPTOM. ******** Privacy. 

### All University UAS operations will be conducted in accordancewith applicable federal, state, or local laws regarding privacy. National Security. 

### No national security issue is raised by the grant of this exemption. Given the size, load carrying capacity, speed at which the unmanned aerial vehicles operate, and the fact that they carry no explosives or other dangerous materials, the UASs pose no threat to national security. ******** 

### In summary, the University seeks an exemption from the FARs set forth in AppendixA to operate commercially a small UAS (55 lbs. or less) in aerial data operations and closed set filming, as described above. Approval of this exemption for commercial operations will enhance safety by reducing risk. In the case of closed-set filming, conventional operations, using jet or piston powered aircraft, operate at extremely low altitudes just feet from the subject being inspected and in extreme proximity to people and structures. Such manned operations present the risks associated with vehicles that weigh in excess of 6,000 lbs., carrying large amounts ofjetA or other fuel. Such aircraft must fly to and from the project location. In contrast, a small UAS, which weighs fewer than 55 pounds and is powered by batteries, eliminates virtually all ofthat risk given the reduced mass and lack of combustible fuel carried on board. The small UAS is carried to the target area and not flown. In all cases, the small UAS will carry no passengers or crew and, therefore, will not expose such individuals to the risks associated with manned aircraftflights. The operation of this small craft, weighing less than 55 pounds, conducted in the strict conditions outlined above, will provide an equivalent level of safety supporting the grant of the exemptions requested herein. These lightweight aircraft operate at slow speeds, close to the ground, and in areas that are under the control of the operator. As a result, they are far safer than would be conventional operations conducted with manned aircraft flying in close proximity to the ground and people. Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012 - size, weight, speed, operating capabilities, proximityto airports and populated areas, and operation within

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U.S. DepartmentofTransportation October 12, 2015 Page Eleven visual line of sight, and national security
- provides more than adequate justification for the grant of this requested exemption to allow commercial operation of applicant's UAS for the purposes outlined herein. The grantwill be consistentwith exemptions already granted. (

## Very~~**yo~~~** /} 

# l-J;z**?~<J--·** M.

# inn~§y;;;ns~/ Counsel forthe University of Miami
cc: Mr. Earl Lawrence Mr. Rick May Mr. Jake Troutman Mr. Dean Griffith Mr. Dan Ngo

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APPENDIXA
EXEMPTION REQUEST AND EQUIVALENT LEVEL OF SAFETY DEMONSTRATION UNDER APPLICABLE RULES SUBJECTTO EXEMPTION
The University requests an exemption from the following regulations as well as any additional regulations that may technically applyto its operation ofthe unmanned vehicles: 14 C.F.R. § 61.23(a) and 

### (c): Medical Certificates: Requirementand Duration Sections 61.23(a) and (c) address the requirement of medical certificatesfor pilots. Section 61.23(a) requires a person exercising the privileges of a recreational pilotto hold at least athird class medical certificate. Section 61.23(c) permits the holder ofa sport pilot certificateto act as PIC ofa

**light~sport** aircraftwith either a medical certificate or U.S. issued driver's license. Lightsport aircraft may weigh up to 1,430 pounds and seat upto two persons, including the pilot. Comparatively, the unmanned vehicleswill weigh fewerthan 55 pounds, and they will not carry pilots, passengers, orcargo. The UASwill also be operated within visual line ofsight ofthe PIC and below400feet above ground level and limited to operationswith permission overprivate or controlled-access property. Given these safety parameters, the University requests thatthe FAAwaive Section 61.23(a) upon afinding that an equivalent level ofsafetywill be provided by allowing operation ofthe unmanned vehicles by pilotswith a recreational orsport pilot certificate and avalid U.S. state issued driver's license, in lieu ofan FAA-issued medical certificate. The University also requests that the FAA grant relieffrom Section 61.23(c) to allowsport pilot certificate holdersto operate aircraft otherthan light-sport aircraftwith avalid U.S. issued driver's license. The FAA has granted exemptions to conduct similar operations in a numberofcases, including Exemption 11213. 14C.F.R. § 61.101(e)(4) and (5), 61.113(a), and 61.315(a): Recreational Pilot Privileges and Limitations; Private Pilot Privileges and Limitations: Pilot in Command; Whatarethe privileges and limits ofmysport pilot certificate? Sections 61.101(e)(4) and (5) and 61.113(a) limit recreational or private pilots to noncommercial operations. Unlike a conventional aircraftthat carries a pilot, passengers, and cargo, the unmanned vehicles in this case are remotely controlled with no passengers or property of others on board. Section 61.315(a) addressesthe privileges and limitations ofthe holderofasport pilotcertificate. The University respectfully proposes that operator requirements should take into accountthe characteristics ofthe particular UAS. The unmanned vehicles have a high degree of preprogrammed control and various built-in navigation and othertechnical capabilities that strictly limit the potential for operation outside ofthe operating conditions setforth in the exemption application. Flights are pre-programmed with precision GPS guidance and do not require human intervention. In the case of unplanned events, the operatorcan manually interveneto take one ofthe following actions: (i) command the aircraftto begin to autonomously return to

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October 12, 2015 Page Two the recovery area and land; (ii) command the aircraftto autonomously return to the recovery area where the pilotwill assume control and land the aircraft; or (iii) manually assume control of the aircraftvia the hand controller and return the craftto the recovery areawhere the operator landsthe sUAS. Additional automated safety functions and safety enhancing features ofthe unmanned vehicles includethefollowing:

• Low battery power on the aircrafttriggers the landing sequence, and the craftwill fly to the recovery area. • Ifthe auto-pilot detects a lost-linkto the ground control station, landing procedure begins. • In the eventthe ground station reaches a low powerstate, theywill alertthe pilot. Given these safetyfeatures, operators ofthe unmanned vehicles should not be required to hold a commercial pilot certification. Instead, operators should be required to hold only a recreational orsport pilot certificate. The risks associated with the operation ofthe unmanned vehicles (given theirsize, speed, operational capabilities, and lack ofcombustible fuel) are so diminished from the level of risk associated with commercial operations contemplated by Part 61 with conventional aircraft (fixed wing or rotorcraft) that allowing operations ofthe UASs as setforth above meets orexceedsthe present level ofsafety provided underthe regulations cited above and does not rise to the level of requiring a commercial pilotto operatethe aircraft. Given these conditions and restrictions, an equivalent level ofsafetywill be provided by allowing operation ofthe unmanned vehicleswith a recreational orsports pilot certificate, underthe conditions setforth in the exemption request. The FAA has granted exemptionsto conduct similaroperations in a numberofcases, including Exemption 11213.
14C.F.R. 

### § 91.7(a): Civil AircraftAirworthiness. This regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. Should the exemption be granted allowing commercial operation ofthe unmanned vehicles withoutan airworthiness certificate, no standardwill existforairworthiness ofthe unmannedvehicles. Given the size ofthe aircraft and the requirements towhich the operator has agreed relating to airworthiness, as setforth in the attached manuals, an equivalent level of safetywill be achieved by ensuring compliancewith the University's manuals priorto each flight. The FAA has granted exemptionsto conduct similar operations in Exemptions 11062through 11067, 11080, 11109, 11110, 11136, 11138, and 11213. 14C.F.R. 

### § 91.119(c): Minimum Safe Altitudes. Section 91.119 establishes safe altitudes foroperation ofcivil aircraft. Specifically, 91.119(c) limits aircraftflying over areas otherthan congested areasto an altitude of500feet above the

1299 PENNSYLVANIAAVENUE, NW, SUITE 700, WASHINGTON, DC 20004-2400 T: (202) 842-7800 F: (202) 842-7899 WWW.COOLEY.COMOctober 12, 2015 Page Three surface, except over open waterorsparsely populated areas. In those cases, the aircraft may not be operated closerthan 500 feetto any person, vessel, vehicle, orstructure. As setforth herein, the unmanned vehicles will neveroperate at higherthan 400feetAGL. Theywill, however, be operated to avoid congested or populated areas. Because aerial data collection and closed-setfilming must be accomplished at relatively lowaltitudes and at altitudes less than 500 feetAGL, an exemption from Section 91.119(c) is needed. The equivalent level ofsafetywill be achieved given the size, weight, speed, and material with which the unmanned vehicles are built. Also, no flightwill be taken without the permission of the landowner orthosewho control the land as well as the permission of local officials, if required. Because ofadvance notice to the landowner, all affected individualswill be aware of theflights. Compared to operations conducted with aircraft or rotorcraft weighing far more than 55 pounds and carrying flammable fuel, any risk associated with these operationswill be far less than the risks currently posed by conventional aircraft operating at orbelow500 feetAGL. Indeed, the low-altitude operations ofthe UASwill maintain separation between these sUAS operations and the operations ofconventional aircraftthat must complywith Section 91.119. The FAA has granted exemptions to conduct similaroperations in Exemptions 11062through 11067, 11080, 11110, 11136, 11138, 11150, 11153, and 11213. 14 C.F.R. 

### § 91.121: AltimeterSettings This regulation requires each person operating an aircraftto maintain cruising altitude by reference to an altimeterthat is set"

...to the elevation ofthe departure airport or an appropriate altimetersetting available before departure." As each sUAV model in at least one operating mode will not have a barometricaltimeter, but instead a GPS altitude read out, an exemption will be needed. An equivalent level ofsafetywill be achieved bythe operator, pursuantto the manuals, confirming the altitude ofthe launch site shown on the GPS altitude indicator before flight. The FAA has granted exemptions to conduct similar operations in Exemptions 11062, 11213, 11360 and 11447. 14 C.F.R. 

### § 91.151(a): Fuel Requirements for Flight in VFR Conditions This regulation prohibits an individual from beginning "a flight in an airplane underVFR conditions unless (considering wind and forecastweather 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 afterthatfor at least 30 minutes; or (2) At night, to fly afterthatfor at least 45 minutes." The batteries powering the unmanned aircrafts provide less than 30 minutes of powered flight. Without an exemption from§ 14 C.F.R. 91.151, the UAS'sflights would not be possible. Given the limitations on their proposed operations and the location ofthose proposed operations, a longertime frame forflight in daylightVFR conditions is reasonable. The University believes that an exemption from 14 C.F.R. § 91.151(a) is safe and within the scope of prior exemptions. 

### See Exemption 11213. Operating small UASwithout 30 minutes of reserve fuel does not engenderthe type of risks that Section 91.151(a) was meantto prevent

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October 12, 2015 Page Four given the size and speed atwhich the UAS operate. The factthatthey carry no pilot, passenger, orcargo also enhancestheir safety. In the unlikely eventthat the unmanned vehicles achieve a low battery state, theywould simply return to home and land. Given their weight and construction material, the risks are less than contemplated by the current regulation. The University believes that an equivalent level ofsafety can be achieved by maintaining five minutes of reserve fuel, which would be more than adequate to return the UAS to their planned landing zone from anywhere in their operating area. Similarexemptions have been granted to other operators, including Exemptions 11062through 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, and 11213.
14 C.F.R. 

### § 91.405(a); 407(a)(1); 409(a)(2); 417(a) & (b): Maintenance Inspections Section 91.405(a) requires that an aircraft operatororowner "shall have that aircraft inspected as prescribed in subpart E ofthis part and shall between required inspections, except as provided in paragraph (c) ofthis section, have discrepancies repaired as prescribed in part43 of this chapter

...." Section 91.407 similarly makes reference to requirements in Part 43; Section 91.409(a)(2) requires an annual inspection forthe issuance ofan airworthiness certificate. Section 91.417(a) requires the owneroroperatorto keep records showing certain maintenanceworkthat has been accomplished by certificated mechanics, under Part43, or licensed pilots and records ofapproval ofthe aircraftfor return to service. Maintenance ofthe unmanned vehicles will be accomplished bythe owner/operator pursuantto the manuals separatelyfiled as confidential exhibits. An equivalent level of safetywill be achieved because the UAS are small in size, will carry a small payload, will operate only in restricted predetermined areas, and are not a complex mechanical device. As provided in the confidential manuals, the operatorwill ensurethatthe UAS are in working order priorto initiating flight, perform required maintenance, and keep a log ofany maintenance that is performed; moreover, the operator is the person mostfamiliarwith the aircraft and is best suited to maintain the aircraft in an airworthy condition and to ensure an equivalent level ofsafety. The FAA has granted exemptionsforsimilaroperations in Exemptions 11062 through 11067, 11080, 11109, 11110, 11112, 11136, 11138, and 11213.

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