WILLIAMS MULLEN 

Direct Dial: 804.420.6476 

jbristow@williamsmullen.com 

VIA FEDERAL EXPRESS 

October 13, 2015 

U.S. Department of Transportation, Docket Operations 

West Building Ground Floor, Room W12-140 

Docket Management System 

1200 New Jersey Avenue, SE 

Washington, D.C. 20590 

Re: Section 333 Exemption Request 

Dear Sir or Madam: 

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

Act"), Liberty University, lnc.("Petitioner") hereby applies for an exemption from the Federal 

Aviation Regulations ("FARs") described in Section VII below, a Certificate of Waiver and 

Authorization ("COA") and any other exemptions necessary to allow the Petitioner to operate the 

small Unmanned Aircraft Systems ("UAS") described in Section IV for aerial data collection 

purposes, as more fully described in Section IX below. 

I. Background on Petitioner, Its School of Aeronautics, UAS Curriculum and 

Cinema Arts Curriculum 

Petitioner is a university based in Lynchburg, Virginia, which provides a world-class 

education with a solid Christian foundation, equipping men and women with the values, 

knowledge, and skills essential for success in every aspect of life. A liberal arts institution with 

16 colleges and schools, Petitioner offers programs in fields such as medicine, religion, law, 

aviation, cinematic arts, psychology, business, and more. As a member of the Big South 

conference, Petitioner fields 20 NCAA Division I teams and 35 club sports teams, offering 

students, alumni and fans an expansive and comprehensive college sports experience. 

The School of Aeronautics at Liberty University exists to build Christ-centered, 

professional aviators. In the past 12 years, the School of Aeronautics has grown from four (4) 

students to over 600. Students have the option to focus on Commercial/Cooperate, Missions, 

Military or UAS operations with a foundation in the sciences of flight. This foundation includes 

aerodynamics, weather and GPS systems. Petitioner's flight program is an FAA-approved Part 

141 flight training school. 

The UAS curriculum at the School of Aeronautics is designed to build on the aviation 

foundation established in the core classes. The UAS courses are taught in conjunction with the 

flight training in a structure that falls in line with the manned aviation courses and flight training. 

Petitioner's Cinematic Aris program is designed to engage students actively in the digital 

and media delivery revolution that is transforming all areas of contemporary culture in a 

Williams Mullen Center I 200 South 10th Street, Suite 1600 Richmond, VA 23219 I P.O. Box 1320 Richmond, VA 23218 

T 804.420.6000 F 804.420.6507 I williamsmullen.com I A Professional Corporation 
October 13, 2015 

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WILLIAMS MULLEN 

Christian-focused environment Course offerings provide a conceptual and practical experience 

as well as world class training facilities and equipment. Courses are designed to lead students 

toward the completion of their film or a group project design to meet the standards of 

international distribution. 

A thorough operations manual, airframe specific checklists and maintenance control 

program will be in place for each UAS used by the Petitioner. The operators of the UAS will be 

pilots trained in the flight school that will hold a minimum of a private pilot's license and specific 

training on each airframe. The operators will be checked out on each airframe and designated 

as proficient on each system before flights for any purpose other than training will be conducted. 

II. Contact Information 

The contact information for Petitioner is set forth below: 

Jonathan Washburn 

Professor - School of Aeronautics 

Liberty University 

1971 University Boulevard 

Lynchburg, VA 24502 

Email: jjwashburn@liberty.edu 

Office: 434-592-7283 

Ill. Request for Exemption to Use UAS 

Petitioner seeks the exemption in order to conduct aerial photography, aerial 

videography, aerial inspections, and other UAS flight operations that consist of still photographs 

and videography taken by onboard cameras. Specifically, Petitioner seeks to utilize the UAS for 

the following purposes: 

• Training students in connection with Petitioner's UAS curriculum at the School of 

Aeronautics and Cinema Arts program; 

• Training to persons individually or belonging to both private and/or public 

organizations to increase awareness and improve safety for current and future UAS 

operations within the NAS; 

• Aerial video and photography or providing live video feed to assist with search and 

rescue operations in cases of an emergency or natural disaster when local 

authorities or government has requested it by contract or donation; 

• Aerial videography and photography for university events, campus construction and 

development projects and university promotional materials; and 

• Aerial video and photography for public and/or private use including real estate, 

architecture, agriculture, land surveying, engineering, research and development, 

geographic information systems and other related professional and educational 

activities. 
October 13, 2015 

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WILLIAMS MULLEN 

Use of the UAS for aerial photography, aerial videography and aerial inspections, and other 

UAS flight operations will reduce the need to utilize conventional manned aircraft, manned lifting 

devices or manned climbing for the same purpose and provide high quality digital imagery at a 

fraction of the cost. These savings result in enhanced safety, efficiency and productivity for the 

affected activities, as well as environmental benefits. In each case, Petitioner will take 

appropriate safety measures with regard to UAS operations. 

Since this exemption request is similar to others that have been granted, the Petitioner 

requests that this request for exemption be considered on an expedited basis. In that regard, 

Petitioner notes that the FAA has previously granted exemptions for use of the UAS for similar 

activities. 

IV. Unmanned Aircraft Systems 

Petitioner intends to operate the following UAS: DJI Phantom 2, DJI Inspire 1, DJI 

S 1 000+, 3D Robotics Solo, 3D Robotics Aero and 3D Robotics Aero-M. 

UAS SQecifications Reference* 

OJI Phantom 2 htt[2://www.dji.com/[2roduct/[2hantom-2/s[2eC 

OJI Inspire 1 htt[2://www.dji. com/[lroduct/ins[lire-1 /s[lec 

OJI S1000+ httR ://www. d j i. com/[2roductls[2read i ng-wi ngs-s 1 000-RI us/s[lec 

-- 30 Robotics Solo httR ://www. d ji. com/[2roductls[2read i ng-wi ng s-s 1 000-RI us/s[lec 

30 Robotics Aero htt[2s://store.3drobotics.com/[2roducts/3dr-aero 

30 Robotics Aero-M htt[ls:/ /3d robotics. com/w[2-contentlu [lloads/20 14/1 0/ Aero-M-S [lee-Sheet -v3. Rdf 

.. *Hard cop1es of the specifications for each UAS will be made available by Petitioner upon request. 

Each UAS that Petitioner submits as part of its application weighs less than 55 lbs. fully 

loaded, will be operated at a speed no more than 60 miles per hour, carry neither a pilot nor 

passenger, carry no explosive materials or flammable liquids, and operate exclusively within an 

approved COA airspace. The radio frequencies used for operations and control of the UAS 

comply with the Federal Communications Commission and other appropriate government 

oversight agency requirements. The UAS are equipped with redundant safety mechanisms 

allowing them to operate safely after experiencing certain in-flight failures. If a lost-link event 

occurs, including the loss of ground communications and/or the loss of a GPS signal, the UAS 

have the ability to perform a pre-coordinated, predictable, automated flight maneuver and return 

to a predetermined location within a designated security parameter for landing. The UAS further 

have the ability to abort a flight in the event of unpredicted obstacles or emergencies. 

Each of the UAS set forth above have operating manuals, maintenance schedules and 

training procedures (collectively, the "Operational Documents"). Petitioner will comply with each 

of the Operational Documents, copies of which are hereby being submitted in the following link: 
October 13, 2015 

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WILLIAMS MULLEN 

(https://drive.aoogle.com/folderview?id=OBzCpVN41bDLLUjBXRVhFXzlwZWs&usp=sharing). 

Hard copies of the Operational Documents will be made available by Petitioner upon request. 

A Grant of Exemption is appropriate for operations conducted using each of these UAS 

due to its size weight, speed, and operational capability. Each of these UAS has been approved 

for use in prior Section 333 Grants of Exemption from the FAA. 

V. Statutory Authority for Requested Exemptions 

This petition for exemption (this "Petition") is submitted in accordance with Section 333 

of the Reform Act. Pursuant to Section 333 of the Reform Act, the Federal Aviation 

Administration (FAA) Administrator (the "Administrator") is to permit operation of an unmanned 

aircraft system 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. Moreover, the Federal Aviation Act grants the 

Administrator general authority to grant exemptions from the agency's safety regulations and 

minimum standards when the Administrator decides such 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: (i) would benefit the public as a whole, and (ii) 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. 

VI. Safety Measures and Public Interest Benefits 

As described in more detail in Section IX, the Petitioner will take measures to ensure 

such operations will not create a hazard to aviation or the public. For example, flights will be 

conducted under 400 feet above ground level (AGL) thereby avoiding interference with users of 

the national airspace system ("NAS"). Flights will be suspended immediately to yield right-ofway to any other aircraft. Gee-fencing will be utilized when available to ensure that a UAS does 

not fly outside of the intended area. Operations will be performed by a qualified UAS Pilot in 

Command (PIC), as outlined below, to insure that the UAS will "not create a hazard to users of 

the national airspace system or the public." Given the small size of the UAS involved and the 

pre-planned environment within which they will operate, the Petitioner believes that these 

operations fall within that zone of safety (an equivalent level of safety) in which Congress 

envisioned that the FAA must, by exemption, allow commercial operations of UAS to commence 

immediately. Also, due to the size of the UAS and the pre-defined, restricted area in which the 

UAS will operate approval of the application presents no national security issue. The operation 

of UAS by knowledgeable professionals will serve to enhance safety, add to the public benefit, 

and reduce environmental impacts related to current methods of manned aircraft flight 

operations. 

There are a number of reasons why granting the Petitioner's request to operate the UAS 

for commercial aerial data collection is in the public interest. Granting this Petition advances 

Congress's goal of integrating civil UAS into the NAS safely. It also will allow flight operations to 

begin relatively quickly which is another of Congress's stated goals. Indeed, the UAS operations 

will allow Petitioner to develop best practices for safety and flight operations using UAS systems 

currently available to consumers. 
October 13, 2015 

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WILLIAMS MULLEN 

In addition, the proposed UAS operations in this Petition will benefit students, federal, 

state, and local governments, and the aviation industry as a whole by pioneering UAS academic 

programs that focus on the safe integration of UAS into the NAS. This Petition offers the FAA 

and opportunity to collaborate with an academic institution that has decades of experience and 

a solid reputation for excellence throughout all facets of the aviation industry. The public as a 

whole will benefit from a collaborative relationship between the FAA and Petitioner that focuses 

on the safe promotion of best practices for training and qualification needs specific to the UAS 

industry. In many instances, it will allow the Petitioner and its students to obtain higher-quality 

information than they currently are able to receive at a cost-efficient price. This will likely result 

in the development of new applications and uses for the data. 

VII. Specific Sections from Which Petitioners Seek an Exemption 

Based upon the information provided and the exemptions that the FAA has already 

granted pursuant to Section 333, the Petitioner requests the following exemptions: 

14 C.F.R. § 61.23(a) 

14 C.F.R. § 61.23(c) 

14 C.F.R. § 61.101(e)(4) 

14 C.F.R. § 61.101(e)(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)(1) 

14 C.F.R. § 91.409(a)(2) 

14 C.F.R. § 91.417(a) 

14 C.F.R. § 91.417(b) 

VIII. Justifications for Each Exemption Request 

1. 14 C.F.R. § 61.23(a), 14 C.F.R. § 61.23(c), 14 C.F.R. § 61.1 01(e)(4), 14 C.F.R. § 

61.1 01(e)(5), 14 C.F.R. §61.113(a) and 14 C.F.R. § 61.315(a). 

Petitioner notes that FAA requires the Pilot in Command (PIC) to hold either an airline 

transport, commercial, private, recreational or sport certificate pilot license and either 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. Petitioner will 

ensure that its PICs will satisfy each of these requirements. Since Petitioner's PICs will be 

operating UAS under the same conditions as those previously granted, an equivalent level of 

safety will be met by granting these exemptions. 
October 13, 2015 

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WILLIAMS MULLEN 

Each of Petitioner's PIC will be pilots trained in the School of Aeronautics and hold a 

minimum of a private pilot's license and specific training on each airframe. Each PIC will be 

checked out on each airframe and designated as proficient on each system before flights for 

any purpose other than training will be conducted. 

2. 14 C.F.R. § 91.7(a) Civil aircraft worthiness. 

Section 91.7(a) requires that an operator determine an aircraft is in airworthy condition 

before a flight. Petitioner requests relief from this section provided that the operator of the UAS 

determines prior to each flight that the aircraft is in compliance with the applicable Operational 

Documents. Such pre-flight inspection will provide the equivalent level of safety as that 

provided by this section. Petitioner notes that the Administrator has granted relief from this 

section in previous exemptions. 

3. 14 C.F.R. § 91.119(c) Minimum safe altitudes over congested and other areas. 

Section 91.119( c) establishes safe altitudes for operation of civil aircraft over areas other 

than congested areas. The Petitioner requests relief from this section with respect to those 

participating persons, vehicles, and structures directly involved with data collection. The UAS 

will never operate at higher than 400 AGL and will be operated in a controlled area. Petitioner 

further requests that with regard to crew required for the operation of the UAS, no minimum 

distance be required. Relief from this section is warranted as operations will be conducted with 

adequate safety provisions as outlined herein and in the applicable Operational Documents. As 

a result, an equivalent level of safety will be met by granting this exemption. Petitioner notes 

that the Administrator has granted relief from this section in previous exemptions. 

4. 14 C.F.R. § 91.121 Altimeter Settings. 

This regulation 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 exemption from this section may 

be needed if the UAS does not have a barometric altimeter but instead has a GPS altitude read 

out. An equivalent level of safety will be achieved by the operator, pursuant to the applicable 

Operational Documents, confirming the altitude of the launch site shown on the GPS altitude 

indicator before flight. As a result, an equivalent level of safety will be met by granting this 

exemption. Petitioner notes that the Administrator has granted relief from this section in 

previous exemptions. 

5. 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 least 30 minutes." 

Complying with the 30 minute reserve would severely limit the length of the Petitioner's 

UAS flights and hamper the ability to conduct data collection. Given the limitations on the 
October 13, 2015 

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WILLIAMS MULLEN 

UAS's proposed flight area, a longer time frame for flight in daylight conditions is reasonable. 

Operating the UAS in a tightly controlled area, where only people or official representatives who 

have signed waivers will be allowed, does not raise the type of risks that this section was 

intended to address, particularly given the size and speed of the UAS. Petitioner believes that 

an equivalent level of safety can be achieved by limiting flights to 50 minutes or 20% of battery 

power, whichever happens first. 

6. 14 C.F.R. § 91.405(a) Maintenance required; 14 C.F.R. § 91.407(a)(1) Operation 

after maintenance, preventive maintenance, rebuilding or alteration; 14 C.F.R. 

§§ 91.409(a)(1) and (2) Inspections; 14 C.F.R. §§ 91.417(a) and (b) Maintenance 

records. 

Maintenance will be accomplished by the operator pursuant to the applicable 

Operational Documents. An equivalent level of safety will be achieved because the UAS are 

very limited in size and will carry a small payload and operate only in restricted areas for limited 

periods of time. If mechanical issues arise, the UAS will be operating from no higher than 400 

feet AGL and can immediately land. As provided in the applicable Operational Documents, the 

operator 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. As a result, an equivalent level of safety will 

be met by granting this exemption. Petitioner notes that the Administrator has granted relief 

from this section in previous exemptions. 

7. Additional Relief. 

In addition to the exemptions listed above, the Petitioner requests exemption from such 

other rules and regulations as the FAA deems appropriate to enable the operations described 

herein. Since previous exemptions granted under Section 333 of the Reform Act have been 

effective for two years, the Petitioner also requests that if the FAA issues interim or final rules 

applicable to the operation of any UAS included herein after the Petitioner receives a Grant of 

Exemption that any conditions and limitations required in such Grant that are more burdensome 

than the new regulation be appropriately modified or removed. 

IX. Operating Parameters for UAS Use 

Petitioner proposes that if the requested exemptions are granted, it will operate the UAS 

under the following conditions: 

1. UAS operations will be conducted by a PIC. The PIC shall hold an airline transport, 

commercial, private, recreational, or sport pilot certificate. The PIC also will hold a 

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

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

government. The UAS will be in visual line of site (VLOS) of the PIC at all times. 

2. All UAS operations will utilize a visual observer ("VO"). The VO will not perform any 

other duties beyond assisting the PIC with seeing and avoiding air traffic and other 
October 13, 2015 

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WILLIAMS MULLEN 

ground-based obstacles/obstructions. 

3. The PIC and VO will be able to communicate verbally at all times. 

4. Petitioner will rely on its School of Aeronautics to provide a pilot qualification 

program, including a training program incorporating proper aircraft operations and 

safety standards. The PIC and the VO will have obtained the necessary 

qualifications/training. A record of completion of this qualification process will be 

documented and made available to the Administrator upon request. 

5. UAS will not be flown at ground speeds exceeding 60 mph. 

6. Flights will be operated at an altitude of no more than 400 feet above ground level. 

7. Each UAS operation will be completed within 50 minutes flight time or with 20% 

battery power remaining, whichever occurs first. At 30% battery the UAS will enter a 

return and land sequence; at 20% it will land immediately. 

8. UAS will not be operated over any person (other than participating personnel) at an 

altitude that is hazardous to persons or property on the surface in the event of a UAS 

failure or emergency. Flight boundaries will be established for each UAS flight and 

such boundaries will be designed such that the UAS will pass no closer than 500 feet 

from nonparticipating persons, vehicles or structures, unless barriers or structures 

are present that sufficiently protect nonparticipating persons from the UAS and/or 

debris in the event of an accident. The operator must ensure that nonparticipating 

persons remain under such protection and that the owner/controller of any vessels, 

vehicles or structures has granted permission for operating closer to those objects 

and the PIC has made a safety assessment of the risk of operating closer to those 

objects and determined that it does not present an undue hazard. The PIC, VO, 

operator trainees or essential persons are not considered participating persons 

under this exemption. 

9. The UAS will abort the flight in the event of unpredicted obstacles or emergencies in 

accordance with the applicable Operational Document. 

10. The UAS will remain clear and yield the right of way to all other manned operations 

and activities at all times. 

11. UAS operations will not be conducted during night. 

12. The UAS will not be operated by the PIC from any moving device or vehicle. 

13. The UAS will not be operated less than 500 feet below or less than 2,000 feet 

horizontally from a cloud or when visibility is less than 3 statute miles from the PIC. 

14. The applicable Operational Documents and all documents required under 14 C.F.R. 

§ 91.9 and 91.203 will be available to the PIC at the Ground Control Station of the 
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WILLIAMS MULLEN 

UAS any time the aircraft is operating. These documents will be made available to 

the Administrator upon request. 

15. Any incident, accident, or flight operation that transgresses the lateral or vertical 

boundaries of the operational area as defined by the applicable COA will be reported 

to the FAA's UAS Integration Office (AFS-80) within 24 hours. Accidents will be 

reported to the National Transportation Safety Board (NTSB). 

16. The operator will follow the procedures as outlined in its applicable Operational 

Documents. 

17. Prior to each flight, pilot will inspect the UAS to ensure it is in condition for safe flight. 

If the inspection reveals a discrepancy, the aircraft will be prohibited from operating 

until the necessary maintenance has been performed and the UAS is found to be in 

a condition for safe flight. 

18. Operations will not be conducted over congested or densely populated areas. 

19. All operations will be conducted over private or controlled-access property with 

permission from the landowner/controller or authorized representative. Permission 

from the landowner/controller will be obtained for each flight to be conducted. 

20. All maintenance and alterations will be properly documented in the aircraft records. 

21. Any UAS that undergoes maintenance or alterations that affect the UAS operation or 

flight characteristics will undergo a functional flight test in accordance with the 

applicable Operational Documents. 

22. Petitioner will institute a rigorous maintenance program to ensure airworthiness of 

the UAS. Operator will follow the manufacturer's UAS aircraft/component, 

maintenance, overhaul, replacement, inspection, and life limit requirements. 

23. Each UAS will comply with all manufacturer Safety Bulletins. 

X. Summary to be Published in Federal Register 

Petitioner: Liberty University, Inc. 

Sections of 14 C.F.R. Affected: § 61.23(a); § 61.23(c); § 61.101 (e)(4);§ 61.101 (e)(5); 

§61.113(a); 61.315(a); § 91.7(a); § 91.119(c); § 91.121; § 91.151(a); § 91.405(a); § 

91.407(a)(1 ); §§ 91.409(a)(1) and (2); §§ 91.417(a) and (b). 

Description of Relief Sought: Petitioner seeks relief from the requirements of 14 C.F.R. 

§ 61.23(a); 14 C.F.R. § 61.23(c); 14 C.F.R. § 61.101(e)(4); 14 C.F.R. § 61.101(e)(5); 14 C.F.R. 

§61.113(a); 14 C.F.R. § 61.315(a); § 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)(1) 
October 13, 2015 

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WILLIAMS MULLEN 

and (2); 14 C.F.R. §§ 91.417(a) and (b) to use small unmanned aircraft systems (UAS) for aerial 

data collection as described in Section Ill. 

XI. Conclusion 

Satisfaction of the criteria provided in Section 333 of the Reform Act regarding size, 

weight, speed, operating capabilities, proximity to airports and populated areas, operation within 

visual line of sight, and national security, provide more than adequate justification for the grant 

of the requested exemption allowing operation of Petitioner's UAS for the purposes set forth 

herein. Please contact Petitioner's outside counsel, Judy Lin Bristow, at 804-420-6476 or 

jbristow@williamsmullen.com with any questions about this filing. 

cc: Jonathan Washburn 

29103761_6