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May 18, 2015 

U.S. Department of Transportation 

Docket Operations, M-30 

1200 New Jersey Avenue, SE 

Room W12-140, West Building Ground Floor 

Washington, DC 20590-0001 

Re: Petition of Ventura County Office of Education for an Exemption Pursuant to 

Section 333 of the FAA Modernization and Reform Act of 2012 to Operate 

Unmanned Aircraft Systems to Conduct Education and Training

Dear Sir or Madam: 

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

Act”) and 14 C.F.R. Part 11, Ventura County Office of Education (“VCOE”) hereby applies 

for an exemption from the Federal Aviation Regulations identified below to allow for the 

commercial operation of the 3D Robotics Iris (“Iris”), and the 3D Robotics Aero-M (“Aero”) 

unmanned aircraft systems to conduct aerial education and training. 

VCOE requests that the FAA review this petition pursuant to its “summary grant” process as 

the FAA has already granted exemptions similar in all material respects to this petition to use 

the Iris and the Aero. See FAA Grant of Exception Nos. 11062, 11109, 11112, and 11213. 

The FAA has specifically granted exemptions to operate UAS to conduct education and 

training. See FAA Grant of Exception Nos. 11552 and 11493. 

I. REGULATIONS FOR WHICH EXEMPTION IS REQUESTED 

VCOE requests exemption from the following regulations: 

 14 C.F.R Part 21, Subpart H; 

 14 C.F.R Part 27; 

 14 C.F.R § 45.23(b); 

 14 C.F.R. § 45.27(a); 

 14 C.F.R § 61.113; 

 14 C.F.R § 91.7(a); 

 14 C.F.R § 91.9(b)(2); 

 14 C.F.R § 91.9(c); 

 14 C.F.R § 91.103; 

 14 C.F.R § 91.109(a); 

 14 C.F.R § 91.119; 
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 14 C.F.R § 91.121; 

 14 C.F.R § 91.151(a) & (b) 

 14 C.F.R § 91.203 (a) & (b); 

 14 C.F.R § 91.405(a); 

 14 C.F.R § 91.407(a)(l); 

 14 C.F.R § 91.409(a)(2); 

 14 C.F.R § 91.417 (a) & (b). 

This petition incorporates the material contained in the Iris Operation Manual, and the AeroM Operation Manual (together, the “Manuals”). 

II. STATUTORY AUTHORITY FOR REQUESTED EXEMPTIONS 

This petition for exemption is submitted in accordance with Section 333 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 operation of an unmanned aircraft system (“UAS”) 

where it does not create a hazard to users of the national airspace system (“NAS”) or the 

public or pose a threat to national security based on the following considerations: 

 The size, weight, speed and operational capability; 

 Operation in proximity to airports and populated areas; and 

 Operation within visual line of sight of the operator. 

Furthermore, the Federal Aviation Act grants the FAA Administrator 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), 44701-44716, 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. 14 C.F.R. 

§ 11.81. 

III. DESCRIPTION OF VCOE AND ITS SERVICES 

VCOE has developed a curriculum to apply UAS science, technology, and real world 

application for high school and middle school students. The curriculum is grounded in 

applied learning and application ensuring relevant and robust experience in the technical 

skills for the manufacture, design, and operation of UAS in order to prepare students for 

careers in the manned and unmanned aerospace field. The necessity of the course was 

identified based on findings from the Ventura County Workforce Improvement Board and 

the curriculum was developed under the recommendation of an Advisory Committee 

consisting of Public, Private, Military, Aerospace and academic stakeholders. VCOE is 
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headquartered in Camarillo, California and is committed to providing students with skills 

necessary for successful employment and to providing business and industry immediate 

access to a productive pool of skilled employees. 

Alan Jaeger

Ventura County Office of Education 

5189 Verdugo Way 

Camarillo, CA 93102 

Tel. (805) 383-1902 

AJaeger@VCOE.org 

C/O William D. Janicki 

William V. O’Connor 

Morrison & Foerster LLP 

12531 High Bluff Drive 

San Diego, CA 92130 

Tel (858) 720-5100 

WJanicki@mofo.com 

WOConnor@mofo.com 

IV. DESCRIPTION OF PROPOSED OPERATIONS 

VCOE is requesting exemptions from applicable Federal Aviation Regulations (FARs) 

pursuant to Section 333 of the Reform Act to conduct aeronautical and UAS education and 

training for high school and middle school students. VCOE has developed a curriculum to 

apply UAS science, technology, and real world application for these students. The 

curriculum is grounded in applied learning and application ensuring relevant and robust 

experience in the technical skills for the manufacture, design, and operation of UAS in order 

to prepare students for careers in the manned and unmanned aerospace field. VCOE 

proposes to operate small UAS under 400 feet and within line of sight in VFR conditions in 

order to demonstrate basic aerodynamic principles, UAS technology, augment written and 

classroom study with in the field training, train and educate students on the various use-case 

applications of UAS, provide for a hands-on educational experience including routine and 

preventative maintenance, educate students in the effective and legal integration of UAS into 

the National Airspace, demonstrate student identified UAS capabilities and limitations.Use 

of a UAS will reduce safety risks because the UAS will not carry flammable fuel or a pilot. 

The UAS operations in this petition are similar in all material respects to relief previously 

granted by the FAA in Grant of Exception Nos. 11062, 11109, 11112, 11213, 11552 and 

11493. The reasons stated by the FAA in granting the exemptions listed above also apply to 

this petition, and the grant of this petition is in the public interest. 

A. Aircraft to be Operated 

1. The 3D Robotics Iris 

VCOE will operate the Iris to conduct education and training. The FAA has already 

approved the Iris for commercial use in FAA Exemption No. 11419 (FAA Docket No. FAA2015-0185) and FAA Exemption No. 11273 (FAA Docket No. 2014-0913). The Iris is a 

battery powered quadcopter UAS with a maximum weight of less than five pounds and a 

flight time of up to 22 minutes. The Iris is shown in Figure 1 below. 
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Figure 1– 3D Robotics Iris 

The Iris is more fully described in the 3D Robotics Iris Operations Manual. 

2. 3D Robotics Aero-M 

VCOE will also operate the Aero to conduct education and training. The FAA has already 

approved the Aero for commercial use in FAA Exemption No. 11379 (FAA Docket No. 

FAA-2015-0059). The Aero is a battery powered quadcopter with a maximum weight of less 

than 3 pounds. The Aero is shown in Figure 2 below. 

Figure 2– 3D Robotics Aero-M 

The Aero is more fully described in the 3D Robotics Aero User Manual. 
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B. VCOE’s Proposed Operations Demonstrate an Equivalent Level 

of Safety 

1. General Description of Proposed Flight Operations 

VCOE proposes to operate within the limitations and performance specifications listed in the 

application and in the Iris and Aero Manuals. These limitations provide for at least an 

equivalent, or higher, level of safety for operations under the current regulatory structure 

because the proposed operations are safer than conventional operations using helicopters or 

fixed wing aircraft which carry an operator and flammable fuel. The proposed flight 

operations are similar in all material respects to operations already approved by the FAA and 

are therefore subject to the FAA’s “summary grant” process. 

The proposed operations do not create any hazard to users of the national airspace system or 

pose a threat to national security. The aircraft are battery operated with a maximum flight 

time of less than 50 minutes. The vehicles weigh less than 10 pounds. The vehicles will be 

operated at or below 400 feet AGL within the visual line of sight of the pilot in command. 

VCOE’s operations will be over private or controlled access property with the permission of 

the owner/controller or authorized agent. 

Manned aircraft are at risk of fuel spillage and fire in the event of an incident or accident. 

The proposed UAS carry no fuel, and therefore the risk of fire following an incident or 

accident due to fuel spillage is eliminated. Compared to manned aircraft, the UAS being 

operated by the petitioner reduces the risk to participating persons in close proximity to the 

aircraft due to the limited size, weight, operating conditions, and design safety features. 

The petitioner’s aircraft have the capability to operate safely after experiencing certain inflight failures, as specified in the Manuals. The aircraft are also able to respond to a lost-link 

event with a pre-coordinated, predictable, automated flight maneuver. 

2. Specific Limitations on Proposed Flight Operations 

Given the small size involved, the restricted environment within which they will operate, the 

procedures listed below, and pilot certification requirements, VCOE’s proposed operations 

using the Iris and the Aero would “not create a hazard to users of the national airspace 

system or the public or pose a threat to national security.” Reform Act Section 333(b)(1). 

1. The aircraft weigh less than 10 pounds. 

2. Each aircraft will be identified by serial number, registered with the FAA, and 

have identification (N-Number) markings as large as practicable. 
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3. Flights will be operated within visual line of sight of the pilot in command 

(PIC). 

4. Prior to each flight, a zero altitude initiation point will be established and 

confirmed for accuracy by PIC. 

5. The PIC will ensure that before each flight, there is enough available power 

for the UAS to conduct the intended operation and to operate after that for at 

least five minutes or with the reserve power recommended by the 

manufacturer if greater. 

6. The aircraft will be operated during daylight and in VFR conditions. 

7. Flights will not exceed 400 feet AGL. 

8. Flights will be operated at a lateral distance of at least 500 feet from any 

persons or property not associated with the operation who have not given 

prior permission. 

9. Flights will be limited to a groundspeed of 100 mph. 

10. Minimum crew for each flight will consist of a PIC and an Observer. 

11. The PIC will hold either an airline transport, commercial, private, 

recreational, or sport pilot certificate. The PIC will also hold a current FAA 

airman medical certificate or a valid U.S. driver’s license issued by a state or 

the Federal Government. The PIC will also meet the flight review 

requirements specified in 14 CFR § 61.56. 

12. Prior to the flight, a Mission Plan will be created setting forth the limitations 

for the flight as well as contact information for the PIC. 

13. The flight operations will yield the right of way to other manned aircraft 

operations. 

14. All persons who are not involved with VCOE’s operations will be required to 

be at least 500 feet from flight operations. 

15. The aircraft will only operate over private or controlled access property with 

the permission of the owner/controller or authorized representative. 

16. The UAS will not operate within 5 nautical miles of an airport unless a letter 

of agreement is obtained. 
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17. All required permissions and permits will be obtained from territory, state, 

county or city jurisdictions prior to flight. 

18. Prior to commencing operations, VCOE will obtain a Certificate of Waiver or 

Authorization (COA) from the FAA. 

19. If the aircraft loses communications, it will have the capability to return to a 

pre-determined location within the operational area and land. 

20. If the aircraft loses its GPS signal it will have the capability of being flown 

manually to a predetermined location within the operational area and land. 

21. The flight will be aborted in case of unpredicted obstacles or emergencies. 

22. UAS operations will be conducted within the parameters of the Manuals. 

3. Flight Recovery, Lost Communications, and Lost GPS 

Procedures 

The flight recovery, lost communications, and lost GPS procedures are more fully 

documented in the attached UAS Manuals. 

V. SPECIFIC FAR EXEMPTIONS REQUESTED 

VCOE seeks an exemption from several interrelated provisions of 14 C.F.R. Parts 21, 45, 61, 

and 91 for purposes of conducting the requested operations using the Iris and Aero 2. Listed 

below are (1) the specific FAR sections for which exemption is sought, and (2) the operating 

procedures and safeguards that VCOE has established which will ensure a level of safety 

better than or equal to the rules from which exemption is sought. See 14 C.F.R. § 11.81 (e). 

A. 14 C.F.R. Part 21, Subpart H – Airworthiness Certificates and 14 

C.F.R. § 91.203(a)(1) 

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

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

to aircraft normally used for the same application. These criteria are met with this petition, 

and therefore no exemption is needed. See Grant of Exemption No. 11062, Docket No. FAA 

2014-0352 at 13-14, 22. If, however, the FAA determines that there are some characteristics 

of the Iris or the Aero that fail to meet the requirements of the Reform Act, an exemption is 

requested. 

Equivalent Level of Safety: The Iris and Aero are safe when taking into account their size, 

weight, speed, and operational capability. They weigh less than 10 pounds and will be flown 

at speeds less than 100 miles per hour, and in visual line of sight of the operator. The UASs 
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do not carry pilots, passengers, explosive materials, or flammable liquid fuels. The UASs 

will be operated within the parameters of their respective Manuals.

The proposed operations will be at least as safe as, or safer than, conventional rotorcraft or 

fixed wing aircraft operating with an airworthiness certificate without the restrictions and 

conditions proposed here. 

B. 14 C.F.R. Part 27 Airworthiness Standards: Normal Category 

Rotorcraft 

14 C.F.R. Part 27 sets forth the procedural requirements for airworthiness certification of 

normal category rotorcraft. To the extent the Iris or Aero would otherwise require 

certification under Part 27, VCOE seeks an exemption from Part 27’s airworthiness 

standards for the same reasons identified in the request for exemption from 14 C.F.R. Part 

21, Subpart H. 

C. 14 C.F.R. §§ 45.23(b), 45.27(a) and 91.9(c): Aircraft Marking and 

Identification Requirements 

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) states: 

Rotorcraft. Each operator of a rotorcraft must display on that rotorcraft horizontally 

on both surfaces of the cabin, fuselage, boom, or tail the marks required by § 45.23. 

14 C.F.R. § 91.9(c) states: 

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

in accordance with part 45 of this chapter. 

In a previous Grant of Exemption, the FAA determined that exemption from these 

requirements was warranted provided that the aircraft “have identification (N-Number) 

markings in accordance with 14 CFR part 45, Subpart C if the markings are “as large as 

practicable.” See Exemption No. 11062, Docket No. FAA 2014-0352, at p. 14. 
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Equivalent Level of Safety: VCOE will mark all Iris and Aero aircraft with their N-Number 

in a prominent spot on the fuselage with markings that are as large as practicable. 

D. 14 C.F.R. § 61.113: Private Pilot Privileges and Limitations 

VCOE seeks exemption from 14 CFR § 61.113, which restricts private pilots 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 PIC matches the 

airspace in which the PIC will be operating, as well as requiring certifications if the pilot is 

carrying passengers or cargo for hire. 

While the UAS will be operated as part of a commercial operation, they carry neither 

passengers nor cargo. In the Grant of Exemption in FAA Docket No. FAA-2014-0352, 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 PIC 

to have a commercial pilot certificate and a class II medical certificate. The FAA has also 

determined that the required knowledge for a commercial pilot covers the same fundamental 

principles as a private pilot. 

The FAA has also granted exemptions allowing operations by people who hold an airline 

transport, commercial, private, recreational, or sport pilot certificate with a current FAA 

airman medical certificate or a valid U.S. driver’s license issued by a state or the Federal 

Government. The PIC must also meet the flight review requirements specified in 14 CFR § 

61.56. See FAA Exemption No. 11374. 

VCOE will ensure the PIC will meet the requirements listed in the above paragraph. VCOE 

will also ensure the PIC will have completed the manufacturers’ training guidelines outlined 

in the Manuals. 

The FAA stated in its grant of an exception to Astraeus Aerial the “the FAA considers the 

overriding safety factor for the limited operations proposed by the petitioner to be the 

airmanship skills acquired through UAS-specific flight cycles, flight time, and specific make 

and model experience, culminating in verification through testing.” See Exemption No. 

11062, Docket No. FAA 2014-0352, at p. 18. The proposed operations can achieve an 

equivalent level of safety by requiring the knowledge and experience in Iris and Aero 

operations described above. 

The restrictions VCOE has placed on its UAS operations meet or exceed the restrictions 

similarly imposed on Astraeus Aerial in FAA Docket No. FAA-2014-0352 and those listed 

in the FAA’s “summary grant” process. 
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E. 14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness 

VCOE seeks an exemption from 14 C.F.R. § 91.7(a), which requires that a civil aircraft be in 

airworthy condition to be operated. The FAA has stated that no exemption is required to the 

extent that the requirements of Part 21 are waived or found inapplicable. Accordingly, 

VCOE requests that the requirements for Section 91.7 be treated in accordance with FAR 

Part 21 Subpart H. See Grant of Exemption No. 11062, p. 19. 

F. 14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Manual in the 

Aircraft; 14 C.F.R. §§ 91.203(a) and (b): Carrying Civil Aircraft 

Certification and Registration 

Pursuant to 14 C.F.R. § 91.9(b)(2): 

(b) No person may operate a U.S.-registered civil aircraft - 

 ... 

(2) For which an Airplane or Rotorcraft Flight Manual is required by § 

21.5 of this chapter, unless there is available in the aircraft a current 

approved Airplane or Rotorcraft Flight Manual, approved manual 

material, markings, and placards, or any combination thereof. 

Pursuant to 14 C.F.R. § 91.203(a) and (b): 

(a) Except as provided in § 91.715, 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. 

VCOE does not request an exemption from this section but instead notifies the FAA that, in 

accordance with FAA Office of Chief Counsel’s Opinion dated August 8, 2014, the UAS 

flight manual, registration certificate and other documentation will be kept at the control 

station with the PIC during flight. The Chief Counsel’s Office has held that for all UAS 

operations, this alternate method constitutes full compliance with the regulations. See also

Grant of Exemption No. 11062, pp. 19-20, and Grant of Exemption No. 8607. 
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G. 14 C.F.R. § 91.103: Preflight Action 

VCOE 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. The aircraft will not have a Flight 

Manual on board. The PIC will take all actions including reviewing weather, flight battery 

requirements, landing and takeoff distances and aircraft performance data before initiation of 

flight. Under these circumstances, the FAA has stated that no exemption is required. See 

Grant of Exemption No. 11062, p. 20. An exemption is requested to the extent that an FAAapproved Flight Manual is required. 

Equivalent Level of Safety: An equivalent level of safety will be provided by following the 

Manuals. The PIC will take all required preflight actions - including performing all required 

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

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

flight. The Manuals will be kept at the ground station with the operator at all times. 

H. 14 C.F.R. § 91.109(a): Flight Instruction

VCOE seeks an exemption from 14 C.F.R. § 91.109(a), which provides 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.” UASs and remotely 

piloted aircraft, by their design, do not have functional dual controls. Instead, flight control is 

accomplished through the use of the Ground Control Station (GCS) that communicates with 

the aircraft via radio communications. 

Equivalent Level of Safety: When flight instruction is performed, no pilots will be on board 

the aircraft and the GCS will be a safe distance from the aircraft and the public, causing no 

safety hazard. Given the size and speed of the UAS, an equivalent level of safe training can 

still be achieved without dual controls because no pilot or passengers are aboard the aircraft, 

and all persons will be a safe distance away in the event that the aircraft experiences any 

difficulties during flight instruction. In addition, VCOE will conduct flight training at a 

remote facility away from population centers. These training flights will comply with the 

provisions in the Manuals. Accordingly, VCOE’s proposed method of operation provides 

superior levels of safety. 

I. 14 C.F.R. § 91.119(c): Minimum Safe Altitudes in Uncongested 

Areas

VCOE requests an exemption from the minimum safe altitude requirements of 14 C.F.R. § 

91.119(c). Section 91.119(c) prescribes that an aircraft may not be operated closer than 500 

feet to any person, vessel, vehicle, or structure. The Manuals provide for VCOE operations at 

least 500 feet from persons and structures not involved in the operations. The FAA has 
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already determined that relief from Section 91.119(c) is warranted for UAS operations in 

uncongested areas with similar flight restrictions as those imposed by VCOE. See Grant of 

Exemption No. 11062, p. 20-21. 

Equivalent Level of Safety: Compared to flight operations with rotorcraft or fixed wing 

aircraft weighing far more than the maximum weights proposed herein, and given the lack of 

flammable fuel, any risk associated with these operations is far less than those that presently 

exist with conventional aircraft. An equivalent level of safety will be achieved given the size, 

weight, and speed of the UAS, as well as the locations where it is operated . In order to avoid 

any risk to aircraft, flight operations will be restricted to 400 feet AGL or below. Other 

aircraft are already prohibited from operating closer than 500 from structures where VCOE 

proses to operate. This is airspace where other aircraft do not normally operate. As set forth 

in the Manuals and herein, the UAS will be operated in the remote sites, away from persons 

or structures not involved in the operation. All persons who are not involved with VCOE’s 

operations will be required to be at least 500 feet from flight operations. This will pose no 

risk to the public because other aircraft are not operating in these areas. 

J. 14 C.F.R. § 91.121: Altimeter Settings

This petition seeks 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. The UASs proposed here use both barometric 

pressure sensors and GPS to determine altitude but do not have the ability to set in a current 

altimeter setting. An exemption is required to the extent that the UAS does not have a 

barometric altimeter setting. The altitude of the UAS is monitored by the PIC on the ground 

control station and by the visual observer. 

Equivalent Level of Safety: The FAA has stated that an equivalent level of safety can be 

achieved if the aircraft will be operated at or below 400 feet AGL and within visual line-ofsight in addition to GPS based altitude information relayed in real time to the operator. See 

Grant of Exemption No. 11062, p. 20-21. As the attached Manuals indicate, the UAS will be 

operated at or below 400 feet AGL and otherwise comply with the limitations in the Grant of 

Exemption No. 11062. 

K. 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR

Conditions

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

VFR conditions. Section 91.151 states: 
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(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 the UAS battery power means that no meaningful 

flight operations can be conducted while maintaining a 30 minute reserve. The aircraft are 

battery powered with a maximum flight time of approximately 50 minutes for the Iris and 24 

minutes for the Aero. The PIC will ensure that before each flight, there is enough available 

power for the UAS to conduct the intended operation and to operate after that for at least five 

minutes or with the reserve power recommended by the manufacturer if greater. 

Equivalent Level of Safety: The FAA has stated that an equivalent level of safety is provided 

if the UAS flight is conducted under daytime VFR flight conditions using VLOS, and 

terminated with at least 25% reserve battery power still available. See Grant of Exemption 

No. 11062, p. 21-22. The FAA’s “summary grant” process provides that the PIC is 

prohibited from beginning a flight unless there is enough available power to conduct the 

intended operation and to operate after that for at least five minutes or with the reserve power 

recommended by the manufacturer if greater. See FAA Exemption No. 11374 (FAA Docket 

No. 2015-0091 at p. 5). The limitations here provide that the PIC will ensure that before 

each flight, there is enough available power for the UAS to conduct the intended operation 

and to operate after that for at least five minutes or with the reserve power recommended by 

the manufacturer if greater. 

L. 14 C.F.R. §§ 91.405(a), 91.407(a)(l), 91.409(a)(2); 91.417(a) and 

(b): Maintenance Inspections

VCOE seeks an exemption from the maintenance inspection requirements contained in 14 

C.F.R. § 91.405(a), 91.407(a)(l), 91.409(a)(2); 91.417(a) and (b). These regulations specify 

maintenance and inspection standards in reference to 14 C.F.R. Part 43. See, e.g., 14 C.F.R. § 

91.405(a) (stating that each owner or operator of an aircraft “[s]hall have the aircraft 

inspected as prescribed in subpart E of this part and shall between required inspections ... 

have discrepancies repaired as prescribed in part 43 of this chapter”). An exemption from 

these regulations is needed because Part 43 and these sections only apply to aircraft with an 

airworthiness certificate, which the UAS proposed here will not have. 

Equivalent Level of Safety: An equivalent level of safety will be achieved because 

maintenance and inspections will be performed in accordance with the Manuals. This 

includes maintenance, overhaul, replacement, and preflight inspection requirements. See
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Exemption No. 11062 (FAA Docket No. 2014-0352, at p. 14-15) and Exemption No. 11374 

(FAA Docket No. 2015-0091, at p. 4). 

VCOE will follow the UAS manufacturer’s maintenance requirements. Flights will not be 

conducted unless a flight operations checklist is performed that includes all of the aircraft’s 

components. 

VI. PUBLIC INTEREST 

Granting VCOE’s petition for exemption furthers the public interest. National policy set by 

Congress favors early integration of UAS into the NAS in controlled, safe working 

environments such as proposed in this petition. By granting this petition, the FAA will fulfill 

Congress’s intent of allowing UAS to operate safely in the NAS before completion of the 

rulemaking required under Section 332 of the Reform Act. 

Moreover, use of UAS will promote science and technology education for high school and 

middle school students. The use of the UAS propped here will also decrease safety-related 

incidents involving traditional aircraft. The public has an interest in promoting science and 

technology education and in reducing the hazards and emissions associated with alternate use 

of helicopters and small airplanes to conduct similar operations. 

VII. PRIVACY 

All flights will occur over private property either owned by VCOE or with the owner’s 

consent. All flights will be conducted in accordance with any federal, state or local laws 

regarding privacy. 

VIII. SUMMARY FOR FEDERAL REGISTER 

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: 

VCOE seeks an exemption from the following rules for aeronautical and UAS training and 

education of middle and high school students: 14 C.F.R Part 21, Subpart H; 14 C.F.R Part 

27; 14 C.F.R § 45.23(b); 14 C.F.R. § 45.27(a); 14 C.F.R § 61.113; 14 C.F.R § 91.7(a); 14 

C.F.R § 91.9(b)(2); 14 C.F.R § 91.9(c); 14 C.F.R § 91.103; 14 C.F.R § 91.109(a); 14 C.F.R § 

91.119; 14 C.F.R § 91.121; 14 C.F.R § 91.151(a) & (b) 14 C.F.R § 91.203 (a) & (b); 14 

C.F.R § 91.405(a); 14 C.F.R § 91.407(a)(l); 14 C.F.R § 91.409(a)(2); 14 C.F.R § 91.417 (a) 

& (b). 

The exemption will promote science and technology education and training while enhancing 

safety by reducing risk to the operator, the general public and property owners from the 
U.S. Department of Transportation 

Page Fifteen 

15 

substantial hazards associated with performing equivalent training and education using 

traditional conventional aircraft and rotorcraft. 

VCOE requests that the FAA grant this petition using the “summary grant” process such that 

publication in the Federal Register is not required. This petition would not set a precedent, 

and any delay in acting on this petition would be detrimental to the petitioner. 

IX. ATTACHMENTS 

Attachment 1: IRIS Operation Manual 

Attachment 2: Aero-M operation Manual 

If you have any questions or require any additional information, please do not hesitate to 

contact the undersigned attorneys for VCOE Corp. 

X. CONCLUSION 

Satisfaction of the criteria provided in Section 333 of the Reform Act - size, weight, speed, 

operating capabilities, proximity to airports and populated areas, operation within visual line 

of sight, and national security considerations - provides more than adequate justification for 

the grant of the requested exemptions to permit VCOE to operate the UASs proposed here. 

Furthermore, this petition warrants review by the FAA under the “summary grant” process 

for immediate approval. 

Respectfully submitted, 

Morrison & Foerster LLP 

Counsel for VCOE 

By 

William D. Janicki 

William V. O’Connor 

Morrison & Foerster LLP 

12531 High Bluff Drive, Suite 100 

San Diego, CA 92130-2040 

Telephone: (858) 720-5100 

Facsimile: (858) 720-5125 

wjanicki@mofo.com 

woconnor@mofo.com