For your convenience, the Hagerstown Community College petition is organized as follows: 

I. Description of Petitioner 

II. Description of Proposed Operation 

III. Vehicle Types and National Airspace System Use 

IV. Proposed UAS Operations Requirements of Section 333 of the Reform Act 

A. Exemption is Requested Based on the VAS's Size, Weight, Speed, and Operational 

Capability 

B. Operational Restrictions 

V. Regulations For Which Exemptions Are Requested 

A. 14 C.F.R. Part 21, Subpart H Airworthiness Certificates and 14 C.F.R. § 91.203 

B. 14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness 

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

91.203(a) and (b): Carrying Civil Aircraft Certification and Registration 

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

Requirements 

E. 14 C.F.R. § 91.103: Preflight Action 

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

G. 14 C.F.R. § 91.119: Minimum Safe Altitudes 

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

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

J. 14 C.F.R. § 91.405(a), 91.407(a)(1), 91.409(a)(1) & (2); 91.417(a) and (b): Maintenance 

Inspections 

K. 14 C.F.R. Part 61, 14 C.F.R. § 61.3, 14 C.F.R. § 61.113: Private Pilot Privileges and 

Limitations 

VI. Public Interest 

VII. Privacy 

VIII. Drug and Alcohol Policy 

IX. Federal Register Summary 

X. Conclusion   
I. Description of Petitioner 

Hagerstown Community College (HCC) was founded in 1946 as Maryland’s first community college. 

More than 100 programs of study are available for university transfer, career preparation, or personal 

development, as well as non-credit continuing education courses, customized training programs and 

Washington County’s adult education program. Associate degrees, certificates and letters of recognition 

are awarded. HCC is accredited by the Middle States Association of Colleges and Schools. Special 

programs include the Job Training Student Resources for adults in need of immediate job skills and the 

ESSENCE Program, which enables area high school students to take college classes at a discounted rate. 

The 319-acre picturesque campus encompasses 18 buildings and includes a full-service business 

incubator, numerous gardens, and an outdoor amphitheater. The college now serves more than 4,000 

students in programs both on and off campus. 

II. Description of Proposed Operation 

Hagerstown Community College intends to establish a small UAS Flight Education Program. This 

program will introduce students to the elements of small UAS operation for commercial and 

non-commercial use, including aerial data collection, aerial imaging to support its 

technology education and career education programs. Our proposed UAS training and safety 

programs will demonstrate how UAS flight operations must fit into the National Air Space 

System. All UAS training and instruction activities will occur under tightly controlled 

conditions on property that is more than five miles from any airport and is owned and 

controlled by Hagerstown Community College. Upon completion of Hagerstown Community College's 

UAS education program, students will be provided with a Certificate of Achievement. This 

"Certificate of Achievement" does not permit the student to engage in commercial UAS 

activities that are not in accordance with the Federal Air Regulations, but rather, is intended 

to be an acknowledgement that the student has successfully demonstrated a thorough 

understanding of UAS operations within the National Air Space System. 

Ill. Vehicle Types and National Airspace System Use

UAS Platforms: 

Hagerstown Community College proposes to use the following UAS platforms for its operations under 

this application: 

Quantity 20 : DJI Phantom 2 

Quantity 1 : DJI Inspire 1 

Information for National Airspace System Use: 

Approx. distance from Hagerstown Community College, 11400 Robinwood Drive to Hagerstown Airport 

10. 6 miles 

I V. Proposed UAS Operations Requirements of Section 333 of the Reform Act 

A. Exemption is Requested Based on the UAS's Size, Weight, Speed, and 

Operational Capability 

In order to assist the FAA in making a safety assessment of Hagerstown Community College's proposed 

operations, below is a summary of operational limitations and conditions which will ensure 

an equivalent or higher level of safety to operations conducted under current regulatory 

guidelines: 

• The UAS platforms weigh 55 pounds or less. 
• Maximum total flight time for each operational flight will be limited to 25% reserve 

battery power remaining. 

• Minimum crew for each operation will consist of the UAS Pilot and at least one Visual 

Observer, and may include a third, but separate, Camera Operator. 

• The Pilot in Control and Visual Observer will have been trained in operation of UAS and 

receive up to date information for the particular UAS to be operated. 

• Flights will be operated within the visual-line-of sight of a pilot and an observer. 

• Flights will be operated at an altitude of no more than 400 feet AGL. 

• Flights will be operated at a lateral distance of at least 500 feet from any persons, 

inhabited structures, vehicles or vessels that are not involved in the inspection 

unless permission has been received and appropriate waivers have been signed by 

the persons or property owners in advance. 

• Flights will be limited to a speed of 50 mph and vertical ascent will be limited to 15 

mph. 

• The UAS will be operated and maintained in accordance with the requirements of 

the Manufacturer's Manuals and any manufacturer Safety Bulletins. 

• Prior to the operation, the flights will be fully preplanned and briefed, including 

possible contingencies and emergency procedures. 

• All required permissions and permits will be obtained from territorial, state, county 

or city jurisdictions, including local law enforcement, fire or other appropriate 

governmental agencies. 

• If the UAS loses communication with the PIC, it will have the capability to return to 

the home launch location or a pre-determined safe abort location. 

• Contingency plans will be in place to safely terminate flight if there is a loss of 

communication between the pilot and the observer. 

• The UAS will have the capability to abort flight in the case of unpredicted obstacles 

or emergencies. 

• All UAS operations will only occur in daylight, Visual Flight Recognition ("VFR") 

conditions. IFR flights are prohibited and no flights will occur at night, or in adverse 

weather conditions. 

• The UAS platforms will be controlled by 1.) Inspire Cl - 2.4 - 2.83 GHz Remote 

Control System and 2.) Phantom 2 - 2.4 GHz Remote Control System 

and the radio frequency spectrum used for operation and control of the UA shall 

comply with the Federal Communications Commission ("FCC") or other appropriate 

government oversight agency requirements. 

B. Approval is Warranted Based on the Operational Restrictions 

Operational Safety Assessment 

Because of the small size of the intended Hagerstown Community College UAS platforms and the 

controlled environment provided, the proposed operations will adhere to the Reform Act's 

safety requirements. The UAS platforms selected by Hagerstown Community College are safe when 

taking into account their size, weight, speed, and operational capability. The UAS platforms 

weigh less than four pounds and will be flown at less than 35.0 mph outside controlled 

airspace. Furthermore, the UAS carry neither pilots nor passengers, carry no explosive 

materials and or flammable liquid fuels, and operate exclusively within the parameters 

stated Manufacturer's Flight Manuals. 

The approval of this application presents no national security issues. 
The intent of the program is to 1) educate the public on the proper operations ofUAS 

platforms; 2) create opportunities to collaborate with federal, state, and local government 

agencies to safely incorporate UAS platforms into their own work; 3) meet or exceed the 

level of safety surrounding the proposed operations for our students and the public's 

benefit. The requested exemption is in the public interest. 

Accordingly, Hagerstown Community College requests that the FAA grant the requested exemptions. 

V. Regulations for which Exemptions are Requested 

A. 14 C.F.R. Part 21, Subpart H Airworthiness Certificates and 14 C.F.R. § 91.203 

In an earlier exemption petition (Exemption No. 1111 0) the FAA has previously 

determined that no airworthiness certification is required for UAS platforms similar to 

those that Hagerstown Community College plans to operate. Therefore, we believe that no 

exemption is necessary from Part 21 , Subpart H. 

Given the size and limited operating area associated with the UAS platforms to be used 

by Hagerstown Community College, an exemption is warranted from Part 21 Subpart H because the 

UAS platforms meet the requirements of an equivalent level of safety under Part 11 and 

Section 333 ofthe FAA Modernization and Reform Act of2012. The Federal Aviation Act 

(49 U.S.C.§ 44701(f)) and Section 333 ofthe FMRA both sanction the FAA to exempt 

aircraft from the requirement for an airworthiness certificate upon consideration of the 

size, weight, speed, operational capability, and proximity to airports and populated areas 

of the particular UAS. In all cases, an analysis ofthese criteria demonstrates that the UAS 

operated without an airworthiness certificate, in the restricted environment and under the 

conditions outlined in this proposal will be at least as safe, or safer, than a conventional 

aircraft operating with an airworthiness certificate without the restrictions and conditions 

proposed. 

The Hagerstown Community College UAS Platforms to be operated under this exemption: 

1. weigh less than 55 pounds fully loaded, 

2. carry no pilots or passengers, no explosive materials or flammable liquid fuels, 

3. will operate exclusively within the operations areas defined in this application. 

Operations under this exemption will be tightly controlled and monitored by the operator. 

B. 14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness 

Because no airworthiness certificate will be issued for the UAS platforms, Hagerstown Community 

College requests an exemption from 14 C.F.R. § 91.7(a), which requires that a civil aircraft 

be in an airworthy condition to be operated. While Hagerstown Community College's UAS will not have 

an airworthiness certificate, the FAA has determined that for the purposes of this 

exemption the PIC may determine prior to flight activities that the aircraft is in an airworthy 

condition. The manufacturer's operating documents contain procedures which allow the PIC 

and observer to determine whether the aircraft is in a condition safe for flight. As a result of 

this, an exemption from§ 91.7(a) is warranted. 

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

91.203{a) and (b): Carrying Civil Aircraft Certification and Registration 

Section 91.9 (b) (2) provides: No person may operate a U.S. registered civil aircraft ... (2) For 

which an Airplane or Rotorcraft Flight Manual is not required by §21.S 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. 
The UAS, given its size and configuration has no ability or place to carry a flight manual on 

the aircraft, not only because there is no pilot on board, but because there is no room or 

capacity to carry an item of this size on the aircraft. The equivalent level of safety will be 

maintained by keeping the flight manual at the ground control point where the operator of 

the UAS will have immediate access to it. 

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: 

(l) 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 previous FAA findings, it was acknowledged that the intent of 14 C.F.R. 91.9(b) and 

91.203(a) and (b) is met if the PIC of the UAS has access to the UAS flight manual, 

registration certificate, and other required documents from the ground control station from 

which the aircraft operates. 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 

the UAS is flown 

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

Requirements 

Hagerstown Community College seeks an exemption from the aircraft marking and identification 

requirements expressed in 14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a). In previous rulings, 

the FAA granted exemptions under Section 333 of the Reform Act. The FAA ruled 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." The UAS platforms operated by Hagerstown Community College 

will bear N-number markings that are as large as practicable in accordance with 14 C.F.R. 

Part 45 , Subpart C. 

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. 

Due to the size of the Hagerstown Community College UAS platforms, limited surface area is available 

and may be too small to display markings in standard size. Therefore, the 
UAS will display markings on the largest surface area available. This accommodation should 

satisfy the requirements outlined in this section and warrant an exemption from the 

Aircraft Marking and Identification Requirements. 

E. 14 C.F.R. § 91.103: Preflight Action 

This regulation requires each PIC to take certain actions before each flight to insure the 

safety of the flight. It 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 PIC will take all actions necessary to insure the safety measures are 

followed including, but not limited to reviewing weather, flight battery requirements, 

landing and takeoff distances and aircraft performance data before initiation of flight In this 

case an exemption is warranted because FAA approved aircraft flight manuals are not 

required for UAS flights, and are not provided for the aircraft. 

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

Hagerstown Community College seeks an exemption from 14 C.F.R. § 91.109(a), which provides that, 

" ... no 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, UAS 

flight control is accomplished through the use of an electronic controller that communicates 

with the aircraft via radio communications. The FAA has previously approved exemptions 

for flight training without fully functional dual controls for a number of aircraft and for 

flight instruction using UAS. The equivalent level of safety is provided by the fact that 

neither a pilot nor passengers will be carried in the aircraft and by the size and speed of the 

aircraft. Accordingly, an exemption is warranted for the flight instruction requirements of 14 

C.F.R. § 91.109(a). 

G. 14 C.F.R. § 91.119: Minimum Safe Altitudes 

Hagerstown Community College requests an exemption from the minimum safe altitude requirements 

of 14 C.F.R. § 91.119. 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. See 14 C.F.R. § 91.119(c). Section 

91.119(d) allows for a helicopter to operate at less than those minimum altitudes when it 

can be operated "without hazard to persons or property on the surface," provided that 

"each person operating the helicopter complies with any routes or altitudes specifically 

prescribed for helicopters by the FAA." 

The UAS platforms will be operated in a restricted area that is owned or controlled by 

Hagerstown Community College. In order to avoid any risk to manned aircraft, flight operations will be 

restricted to 400 feet AGL or below. These restrictions will ensure that the proposed UAS 

operations are performed in a manner that protects the safety of participants, nonparticipants, 

the UAS and other property. For these reasons, an exemption is required 

because the proposed UAS operations will need to occur below 400 feet AGL. Further, due to 

the nature of the proposed operations, the PIC, observer, instructor, and student may at times 

be less than 500 feet away from the UAS. 

H. 14 C.F.R. § 91.121: Altimeter Setting 

Section 121 requires each person operating an aircraft to maintain cruising altitude by 

reference to an altimeter that is set "to the elevation of the departure airport or an 

appropriate altimeter setting available before departure." An equivalent level of safety will 
be achieved by the operator, pursuant to the manufacturer's manual, confirming the 

altitude of the launch site shown on the G PS altitude indicator before flight. Accordingly, as 

the UAS platforms may not have a barometric altimeter, but instead a GPS altitude read out, 

an exemption is warranted. 

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

Section 91.151(a) prohibits an individual from beginning "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 least30 minutes; or (2) At night, to fly after that for at 

least 45 minutes." Hagerstown Community College recognizes that an exemption from 14 CFR 

§91.151(a) falls within the scope of prior exemptions. The technological limitations on UAS 

battery power means that no meaningful flight operations can be conducted while still 

maintaining a 30 minute battery reserve. Hagerstown Community College believes that an equivalent 

level of safety can be achieved by limiting flights to 5 minutes or 25% of battery power - whichever 

happens first. This restriction would be more than adequate to return the UAS to 

its planned landing zone from anywhere in its limited operating area. An exemption from the 

fuel requirements of14 C.F.R. § 91.151(a) is therefore warranted. 

J.14 C.F.R. § 91.405(a), 91.407(a)(1), 91.409(a)(1) & (2); 91.417(a) and (b): 

Maintenance Inspections 

Hagerstown Community College seeks exemption from the maintenance inspection requirements 

enforced in 14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) &(b). An exemption from 

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

an airworthiness certificate, which the UAS is not required to have. Maintenance will be 

accomplished pre and post flight by the operator under the guidance of the manufacturer's 

operating manual. 

If mechanical issues arise the UAS can land immediately and will be flying at a height of 400 

feet or less AGL. The PIC will ensure that the UAS is in working order prior to initiating 

flight, perform required maintenance, and keep a log of any maintenance performed. 

Moreover, the operator is the person most familiar with the aircraft and best suited to 

maintain the aircraft in an airworthy condition to provide the equivalent level of safety. An 

equivalent level of safety will be achieved because maintenance and inspections will be 

performed in accordance with the UAS Manufacturer's User Manual by the PIC. An 

exemption from the Maintenance requirements of14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) 

(2); 417( a) and (b) is therefore warranted. 

K. 14 C.F.R. § 61.113 (a) and (b): Private Pilot Privileges and Limitations 

14 CFR 61.113 (a) &(b), states that no person who holds a private pilot certificate may act 

as a pilot in command of an aircraft that is carrying passengers or property for 

compensation or hire. The proposed UAS operations may achieve an equivalent level of 

safety as reached by current regulations because Hagerstown Community College's UAS platforms will 

not carry any pilots or passengers nor property. The risks linked to the operation of UAS are 

far less than the risk levels inherent in the commercial activities outlined in 14 CFR 61. 

All student instruction flights will be conducted under closely controlled environments, outside 

of navigable airspace and away from persons or property not involved in the instruction. In 

addition, the student instruction flights will be conducted under the close supervision of a flight 

instructor. It is believed that the operation and limitations set forth in this application will equate to the 

safe operation of the UAS.
VI. Public Interest 

The proposed UAS operations in this Petition for Exemption support the safe and controlled 

integration of UAS into the National Airspace System as directed by the US Congress. 

Therefore, this groundbreaking educational program will benefit the citizens of Rhode 

Island in many ways. For the first time, Hagerstown Community College students, the general public, 

and commercial interests will have access to programs that demonstrate the safe and 

ethical use of UAS platforms for commercial applications and for hobby enthusiasts. 

The program will utilize Hagerstown Community College's unique niche in the state to create 

collaborative efforts among members of the aviation community, other academic 

institutions, and the general public in order to develop a system for the safe and ethical use 

for UAV platforms in the National Airspace System. 

If this Petition for Exemption is granted the public as a whole will benefit from the use of 

best practices for safe and controlled operations training and the identification of the 

occupational needs of this growing industry. 

VII. Privacy 

Hagerstown Community College's UAS operations shall be conducted in accordance with applicable 

federal, state, or local laws regarding privacy. Hagerstown Community College will not conduct flight 

operations over property that it does not own or control without the prior consent and knowledge of the 

property owner. Hagerstown Community College will not capture or use images from 

neighboring properties within the vicinity of UAS flight operations. 

VIII Drug & Alcohol Programs 

Hagerstown Community College currently has policies in place to ensure that no person may 

participate in UAS flight operations if they are under the influence of alcohol or any drug. 

IX. Federal Register Summary 

This summary is provided in the event that publication in the FEDERAL REGISTER is 

required. 

Hagerstown Community College's UAS education and training program seeks exemption from the 

following rules of the FAA Modernization and Reform Act of 2012 and 14 CFR Part 11: 

A. 14 C.F.R. Part 21, Subpart H Airworthiness Certificates and 14 C.F.R. § 91.203 

B. 14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness 

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

C.F.R. § 91.203(a) and (b): Carrying Civil Aircraft Certification and Registration 

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

Requirements 

E. 14 C.F.R. § 91.103: Preflight Action 

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

G. 14 C.F.R. § 91.119: Minimum Safe Altitudes 

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

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

J. 14 C.F.R. § 91.405(a), 91.407(a)(1), 91.409(a)(1) & (2); 91.417(a) and (b): 

Maintenance Inspections 

K. 14 C.F.R. Part 61, 14 C.F.R. § 61.3, 14 C.F.R. § 61.113: Private Pilot Privileges 

and Limitations. 
X. Conclusion 

Hagerstown Community College's proposed operations of Unmanned Aircraft Systems in this Petition 

for Exemption fulfill the conditions expressed in Section 333 of the Reform Act. In comparable requests 

made in the past, the FAA has issued exemption for similar criteria based on the UAS weight, speed, 

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

national security. We respectfully submit this Petition for Exemption because we believe that we have 

met or in some cases exceeded the FAA requirements for exemption. 

In advance, we thank you for your thoughtful consideration of the requested exemptions. 

In the event that you have any questions, or if you need additional information to support 

the requested exemptions, please do not hesitate to contact the undersigned: 

Daniel T. Vogel 

Director, Technology and Computer Studies 

Hagerstown Community College 

11400 Robinwood Drive 

Hagerstown, MD 21742‐6514 

Phone: (240) 500‐2402 

Website: www.hagerstowncc.edu/tcs 

Email: dtvogel@hagerstowncc.edu 

Attachment: Manuals 

Attachment: Regional Map of Campus & Nearest Airport