Office of University 

Counsel 

November 4, 2015 16 North Laurel Street 

P.O. Box 843090 

Richmond, Virginia 23284-3090 

U.S. Department of Transportation, Docket Operations 804828-6610 

West Buildin Ground Floor Fax: 804 828-6614 

g TDD:1-800-828-1120 

Room w12-140 

1200 New Jersey Avenue, S.E. 

Washington, DC 20590 

Re: Petition of Virginia Commonwealth University for Exemption Pursuant to Section 333 of 

the FAA Modernization and Reform Act of 2012 

To Whom It May Concern: 

Virginia Commonwealth University ("VCU") hereby seeks exemption from the Federal Aviation 

Regulations ("FARs") identified below, pursuant to Section 333 of the FAA Modernization and 

Reform Act of 2012 ("Reform Act") and 14 C.F.R. Part 11, to commercially operate small 

unmanned aerial systems ("UAS") in the U.S. National Airspace System for the following 

purposes in support of its education and research mission: education and research in the fields of 

environmental science and communications, conducting aerial data collection, videography, 

cinematography, photogrammetry, industrial inspections and analyses. VCU requests that its 

petition be considered for expedited approval, as the Federal Aviation Administration has previously 

issued grants of exemption for the devices and uses presented in this exemption request. 

Name and contact information for the Petitioner: 

Virginia Commonwealth University 

Office of University Counsel 

Attn: Elizabeth Brooks, Associate University Counsel 

PO Box 843090 

16 N. Laurel Street 

Richmond, VA 23284 

Tel.: 804-828-6610 

Email:elbrooksRcvcu.edu 

an equal opportunity/affirmative action universiry 
U.S. Department of Transportation 

November 4, 2015 

Page 2 

I. The Petitioner 

Virginia Commonwealth University serves an integral role in the economic and 

cultural vitality of the city of Richmond and the Commonwealth of Virginia. VCU has 

evolved since its founding in 1838, taking a number of names and configurations along the 

way. With nationally ranked academic programs, an academic medical center, and research 

and scholarly productivity, VCU is a premier urban, public research university focused on 

academic success. 

VCU enrolis more than 31,000 students in programs in the arts, sciences, and 

humanities. VCU's mission includes a commitment to advance knowledge and student 

success through its commitments to its learner-centered environment, research that expands 

the boundaries of new knowledge and creative expression, and interdisciplinary 

collaborations that advance innovation and solve global challenges. 

At its Center for Environmental Studies, VCU aims to bridge disciplines such as law, 

ecology and economics to prepare successful environmental professionals. VCU has 

established the VCU Rice Rivers Center on the James River for field-based instruction and 

research involving the river's ecology. 

The use of UAS to further VCU's research and educational endeavors will provide 

substantial benefit to the public as a whole. Use of UAS to obtain imagery, information and 

data currently obtained through manned flight or manual methods can reduce the cost of 

obtaining such information, reduce the environmental impact of manned aircraft emissions, 

and afford opportunities for data collection that were previously deemed too costly or risky. 

II. The Proposed Operation Will Not Adversely Impact on Safety 

VCU is requesting an exemption from certain FARs for its colleges and departments 

including its Center for Environmental Studies to use a number of UAS platforms for aerial data 

collection, education and research. Aerial data collected through the use of VCU's UAS would 

be used for environmental science education and research, videography, cinematography, 

photogrammetry, industrial inspections and analyses, and to promote and market VCU's 

education and research programs. 

The proposed operations and UAS that would be operated pursuant to this exemption, 

including the DJI Phantom 3, senseFly eBee, senseFly eBee RTK, senseFly eXom, and DJI 

Phantom FC40 are similar in all material respects to exemptions previously granted by the FAA. 

VCU is committed to taking measures for the safe operation of its UAS. VCU will 

comply with maintenance and inspection requirements of the UAS manufacturer. VCU will 

ensure that all repair and maintenance work will be conducted or approved by qualified 

personnel and will require a test flight after such work. Records of all maintenance and repair 

work will be kept in a maintenance log for each UAS. Pre-flight inspections (including ground 

control station, if any) and safety risk assessments will be conducted prior to each flight. Each 

flight will be logged in both the PIC's logbook and the aircraft logbook. Any incidents will be 
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November 4, 2015 

Page 3 

reported to the National Transportation Safety Board within 24 hours of occurrence. 

When in operation, flight altitudes will remain no greater than 400 feet above ground 

level, flight ground speeds will not exceed 87 knots, and UAS operation will not be rriade within 

500 feet froin all nonparticipating persons and not over persons on the ground without their prior 

permission. UAS operation will not exceed 75% of the battery or fuel capacity of the aircraft, or 

30 minutes, whichever occurs first. All flight operations will be conducted in uncontrolled 

airspace, within visual line-of-sight (VLOS) of the Pilot-in-Command (PIC) and observer, and will be 

limited to visual meteorological conditions during daylight hours. 

The PIC will possess the following credentials: 

• An airline transport, commercial, private, recreational, or sport pilot certificate. 

• A current FAA airman medical certificate or a valid U.S. driver's license issued by a 

state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal 

Government. 

• A bi-annual flight review under 14 CFR 61.56. 

VCU will not permit any PIC to operate unless the PIC demonstrates the ability to safely 

operate the UAS in a manner consistent with this exemption, including evasive and emergency 

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

PIC qualification flight hours and currency will be logged in a manner consistent with 14 CFR § 

61.51(b). 

VCU requests that flights for the purposes of training VCU's PICs and VOs (training, 

proficiency, and experience-building) and for the purposes of determining the PIC's ability to 

safely operate the UAS in a manner consistent with this exemption are permitted under the terms 

of this exemption. VCU will ensure that training operations are limited to dedicated training 

sessions. During training, proficiency, and experience-building flights, all persons not essential 

for flight operations are considered nonparticipants, and the PIC will operate the UAS with 

appropriate distance from nonparticipants in accordance with 14 CFR § 91.119. 

All flight operations will be conducted in accordance with valid Certificates of 

Authorization, as well as the following: 

• The manufacturer Aircraft Flight Manuals and Operation Guidelines 

• University flight operations policies including lost communication and other 

emergency and safety procedures. 

• Any applicable local Flight Standards District Office requirements. 

• All other applicable regulations concerned with the operation of aircraft. 

III. VCU's Proposed UAS Operations Qualify for Exemption of FARs under Section 333 of 

the Reform Act 

A. The FAA has already granted previous exemptions similar to VCU's request. The 

following UAS models to be used by VCU have been determined by the FAA to 

meet the requirements of Section 333 of the FAA Modernization and Reform Act 
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of 2012 due to their weight, speed and operational capabilities: 

1. senseFly eBee: Exemption No. 12656 to Duke University 

2. senseFly eBee RTK: Exemption No. 12646 to Measure, a 32 Advisors 

Company, LLC 

3. senseFly eXom: Exenlption No. 12646 to Measure, a 32 Advisors 

Company, LLC 

4. DJI Phantom FC40: Exemption No. 12646 to Measure, a 32 Advisors 

Company, LLC 

5. DJI Phantom 3: Exemption NO. 13096 to Innovalearn LLC 

B. VCU's Operational Restrictions contain similar procedures and limitations to 

operations granted exemption by the FAA. The manufacturer's manuals contain 

all of the limitations necessary to safely conduct the proposed operations. VCU 

will comply with the manufacturer manuals. VCU also proposes to use its UAS 

in a manner similar to the petitioners in Exemptions 12656 (Duke University), 

13157 (University of Wyoming), and 13194 (University of Iowa). 

IV. FARs frorn which Exemptions are Sought 

VCU seeks exemption from certain provisions of 14 CFR Parts 21, 45, 61 and 91 for 

the purposes of conducting the requested operations for the specific UAS described herein. 

A. 14 CFR Part 21, subpart H Airworthiness Certificates 

In accorda.nce with the statutory criteria provided in Section 333 of the Reform Act, and 

in consideration of the size, weight, speed and limited operating area associated with 

VCU's proposed UAS operations, VCU asks that if the Secretary of Transportation has 

determined that VCU's petition has met the conditions of Section 333, it find VCU 

exempt from 14 CFR part 21 and any associated noise certification and testing 

requirements of part 36. 

B. 14 CFR Parts 91.9(c), 45.23(b) and 45.27(a) Aircraft Markings and 

Identification Requirements 

VCU seeks exemption from the aircraft marking and identification requirements. VCU 

will have identification (N-Number) markings in accordance with 14 CFR Part 45, 

Subpart C with markings as large as practicable. 

C. 14 CFR Part 61.23(a) and (b), 61.101(e)(4) and (5), 61.113(a) and (b), 61.315(a) 

Private, Recreational and Sport Pilot Medical Certificate, Privileges and 

Limitations 

VCU seeks exemption from these sections, because VCU's UAS operation outside of 

controlled airspace does not warrant a Commercial Pilot Certificate and Class II Medical 

Certificate. Among the credentials VCU will accept of its PICs, it proposes to accept an 

airline transport, commercial, private, recreational, or sport pilot certificate, and a valid 
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November 4, 2015 

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U.S. driver's license issued by a state, the District of Columbia, Puerto Rico, a territory, a 

possession, or the Federal Government. 

D. 14 CFR Part 91: 

1. 91.7(a) Civil Aircraft Airworthiness 

Should this exemption be granted allowing commercial operation of UAS 

without an airworthiness certificate, no FAA regulatory standard will exist for 

airworthiness of the UAS. An equivalent level of safety will be obtained 

ensuring compliance with maintenance manuals and safety checklists prior to 

each flight 

2. 91.9(b)(2); 91.203(a) and (b) Carrying Aircraft Flight Manual, 

Certification and Registration in the Aircraft 

The size, weiglit, speed, and limited operational capabilities of the proposed 

UAS do not allow for a manual to be maintained aboard the UAS. Moreover, 

this section contemplates a pilot or crewmember aboard the aircraft to read the 

manual, certification and registration which does not apply to UAS. An 

equivalent level of safety will be provided by maintaining operating instructions 

and manuals at the same location as the PIC. 

3. 91.103(b)(2) Preflight Action 

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

Manual provided by the manufacturer. Additionally, the PIC will conduct 

preflight actions to include performing all required checklists, reviewing 

weather, flight requirements, battery charge, landing and takeoff distance, 

aircraft performance data, and contingency landing areas, before initiation of 

flight. 

4. 91.109(a) Flight Instruction 

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

accomplished through the use of a control interface that communicates with the 

aircraft via radio. Given the size, speed, and limited operational parameters of 

the UAS, an equivalent level of safe training can be performed without dual 

controls. The FAA has issued several exemptions to this regulation: see 

Exemptions Nos. 11066, 11062, 11067A and 11065. 

5. 91.119(c) Minimum Safe Altitudes 

An exemption to 91.119(c) is required because UAS operations will be 

conducted at altitudes no greater than 400 feet above the surface. The size, 

speed, weight, and limited operational paranleters of the UAS allow for an 

equivalent level. 
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6. 91.121(a)(1) Altimeter Settings 

Conventional aircraft are provided altitude data by a barometric altimeter that is 

most commonly set to a local barometric pressure and therefore reports altitude 

relative to Mean Sea Level (MSL). UAS operations are restricted to altitudes no 

greater than 400 feet Above Ground Level (AGL). For those UAS with a 

barometric sensor, greater utility and an equivalent level of safety will be 

obtained by setting the altimeter to read "zero altitude" when the UAS is on the 

ground prior to takeoff thus providing an AGL altitude readout. If no 

barometric sensor is aboard the UAS, a GPS derived altitude similarly set to 

zero at the takeoff point will provide an equivalent level of safety. The FAA has 

issued several exemptions to this regulation: see Exemptions Nos. 11066, 

11065, 11062 and 11063. 

7. 91.151(a)(1) Fuel Requirements for Flight in VFR Conditions 

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

typically have flight times with full fuel of several hours. The UAS proposed herein 

do not carry liquid fuel, and given the size, weight and speed of the UAS, the risks 

contemplated in this section do not apply. The petitioner submits that an equivalent 

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

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

planned route to the first point of intended landing and land with 25% of battery 

capacity in reserve. This restriction would be more than adequate to return the UAS 

to its planned landing zone from anywhere in its limited operating area. The FAA 

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

5745, 10673 and 10808. 

8. 91.405(a); 91.407(a)(1); 91.409(a)(1); 91.417(a) and (b) Maintenance 

Inspections. 

Exemption from these regulations is needed because Part 43 and these sections 

apply only to aircraft with an airworthiness certificate. An equivalent level of safety 

will be obtained by requirement that each UAS will have a flight and maintenance 

log. Maintenance and inspections will be accomplished in accordance with 

manufacturer recommendations. The FAA has issued several exemptions to this 

regulation: see Exemptions Nos. 11066, 11062, 11067A, and 11065. 

V. Public benefit 

VCU's use of UAS technology to obtain imagery, information, and data currently 

obtained by use of manned flight carrying crew and flammable fuel or manual methods will 

benefit the university, its surrounding community, and the public as a whole. Granting this 

petition will allow VCU to benefit the public by sharing and studying the data collected in its 

proposed UAS operations. VCU engages the public through its education, research, and 
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community outreach programs. Additionally, VCU will be able to reduce unnecessary costs 

while efficiently and safely continuing to pursue academic exploration in the fields of life 

sciences, engineering, arts, communication, and the many other fields of study at the university. 

VI. Federal Register Summary 

Pursuant to 14 CFR Part 11, the following summary is provided for publication in the 

Federal Register should it be deemed necessary: 

Petitioner seeks an exemption from the following rules in Title 14 of the 

Code of Federal Regulations: 

21(H); 91.9(c), 45.23(b) and 45.27(a); 61.23(a) and (b), 61.101(e)(4) and 

(5), 61.113(a) and (b), 61.315(a); 91.7(a); 91.9(b)(2); 91.203(a) and (b); 

91.103(b)(2); 91.109(a); 91.119(c); 91.121(a)(1); 91.151(a)(1); 91.405(a); 

91.407(a)(1); 91.409(a)(1); 91.417(a) and (b). 

The exemption will enhance safety by reducing risk to the general public 

and property owners from the substantial hazards associated with using 

conventional fixed-wing aircraft or rotorcraft for aerial data collection in 

support of university education, research and community engagement 

programs. 

VII. Conclusion 

VCU's proposed operations of UAS in this petition satisfy the criteria for exemption 

articulated in Section 333 of the Reform Act. The FAA has issued grants of exemption in 

circumstances similar in all respects to VCU's proposed operations. In consideration of the 

foregoing, VCU respectfully requests exemption via the FAA's expedited approval process. 

Thank you for your consideration of this request. If you have any questions or need 

additional information, please feel free to contact us at your convenience. 

Sincerely, 

45~~~.~.. 

Elizabeth L. Brooks 

Associate University Counsel, Virginia Commonwealth University