## WILLIAMS MULLEN

Direct Dial: 804.420.6476 jbristow@williamsmullen.com

VIA FEDERAL EXPRESS October 13, 2015

U.S. Department ofTransportation, Docket Operations West Building Ground Floor, Room W12-140 Docket Management System 1200 NewJerseyAvenue, SE Washington, D.C. 20590 Re: Section 333 Exemption Request Dear Siror Madam: Pursuantto Section 333 ofthe FAA Modernization and Reform Act of2012 (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 ofWaiver and Authorization ("COA") and any other exemptions necessaryto allowthe Petitionerto operate the small UnmannedAircraft Systems ("UAS") described in Section IVfor aerial data collection purposes, as more fully described in Section IX below.



### I. Background on Petitioner, Its School ofAeronautics, UAS Curriculum and Cinema Arts Curriculum Petitioner is a university based in Lynchburg, Virginia, which provides aworld-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, Petitioneroffers programs in fields such as medicine, religion, law, aviation, cinematic arts, psychology, business, and more. As a memberofthe Big South conference, Petitionerfields 20 NCAA Division Iteams and 35 club sportsteams, offering students, alumni and fans an expansive and comprehensive college sports experience. The School ofAeronautics at Liberty University exists to build Christ-centered, professional aviators. In the past 12 years, the School ofAeronautics has grown from four (4) students to over600. Students have the option to focus on Commercial/Cooperate, Missions, Military or UAS operations with afoundation in the sciences offlight. This foundation includes aerodynamics, weatherand GPS systems. Petitioner's flight program is an FAA-approved Part 141 flight training school. The UAS curriculum at the School ofAeronautics 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 thatfalls 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 ofcontemporary 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 F804.420.6507 

### I williamsmullen.com 

### I A Professional CorporationOctober 13, 2015 Page 2 

## 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 oftheirfilm or a group project designto meetthe standards of international distribution. A thorough operations manual, airframe specific checklists and maintenance control program will be in placefor each UAS used by the Petitioner. The operators ofthe UAS will be pilots trained in the flight school that will hold a minimum ofa 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 otherthan training will be conducted. II. Contact Information The contact information for Petitioner is setforth below: JonathanWashburn Professor

- School ofAeronautics Liberty University 1971 University Boulevard Lynchburg, VA 24502 Email: jjwashburn@liberty.edu Office: 434-592-7283 Ill. Requestfor Exemption to Use UAS Petitionerseeksthe exemption in orderto conduct aerial photography, aerial videography, aerial inspections, and other UAS flight operations that consist ofstill photographs and videography taken by onboard cameras. Specifically, Petitionerseeks 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 assistwith search and rescue operations in cases ofan emergency or natural disasterwhen local authorities orgovernment 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 Page 3 

## WILLIAMS MULLEN

Use ofthe 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 forthe same purpose and provide high quality digital imagery at a fraction ofthe cost. These savings result in enhanced safety, efficiency and productivity forthe affected activities, as well as environmental benefits. In each case, Petitionerwill take appropriate safety measures with regard to UAS operations. Since this exemption request is similarto others that have been granted, the Petitioner requests thatthis request for exemption be considered on an expedited basis. In that regard, Petitioner notes thatthe FAA has previously granted exemptionsfor use ofthe UAS for similar activities. IV. Unmanned Aircraft Systems Petitioner intends to operate the following UAS: DJI Phantom 2, DJI Inspire 1, DJI S1000+, 3D Robotics Solo, 3D RoboticsAero 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 ji.com/[2roductls[2reading-wings-s1000-RIus/s[lec

-- 30 Robotics Solo httR://www.dji.com/[2roductls[2reading-wings-s1000-RIus/s[lec 30 Robotics Aero htt[2s://store.3drobotics.com/[2roducts/3dr-aero 30 Robotics Aero-M htt[ls:/ /3drobotics.com/w[2-contentlu[lloads/2014/10/ Aero-M-S[lee-Sheet-v3.Rdf

.. *Hard cop1es ofthe 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, carryno explosive materials orflammable liquids, and operate exclusively within an approved COA airspace. The radio frequencies used for operations and control ofthe 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-flightfailures. Ifa lost-link event occurs, including the loss ofground communications and/orthe loss ofa 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 parameterfor landing. The UAS further have the ability to abort aflight in the event of unpredicted obstacles oremergencies. Each ofthe UAS setforth above have operating manuals, maintenance schedules and training procedures (collectively, the "Operational Documents"). Petitionerwill comply with each ofthe Operational Documents, copies ofwhich are hereby being submitted in the following link:October 13, 2015 Page 4 

## WILLIAMS MULLEN

(https://drive.aoogle.com/folderview?id=OBzCpVN41bDLLUjBXRVhFXzlwZWs&usp=sharing). Hard copies ofthe Operational Documents will be made available by Petitioner upon request. A Grant of Exemption is appropriate for operations conducted using each ofthese UAS due to its size weight, speed, and operational capability. Each ofthese 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 ofthe Reform Act. Pursuantto Section 333 ofthe Reform Act, the Federal Aviation Administration (FAA) Administrator (the "Administrator") is to permit operation ofan unmanned aircraft system where it does not create a hazard to users ofthe national airspace system (NAS) orthe public or pose athreatto national security. Moreover, the Federal Aviation Act grantsthe Administrator general authority to grant exemptions from the agency's safety regulations and minimum standardswhen the Administrator decides such a requested exemption is in the public interest. See 49 U.S.C. 

### §§ 106(f), 44701-44716, etseq. A party requesting an exemption must explain the reasons why the exemption: (i) would benefitthe public as awhole, and (ii) would not adversely affect safety or how it would provide a level of safety at leastequal 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 Petitionerwill take measuresto ensure such operations will not create a hazard to aviation orthe public. Forexample, flights will be conducted under400feet above ground level (AGL) thereby avoiding interferencewith users of the national airspace system ("NAS"). Flightswill be suspended immediatelyto yield right-ofway to any otheraircraft. Gee-fencing will be utilized when available to ensure that a UAS does notfly outside ofthe intended area. Operationswill be performed by a qualified UAS Pilot in Command (PIC), as outlined below, to insure thatthe UAS will "not create a hazard to users of the national airspace system orthe public." Given the small size ofthe UAS involved and the pre-planned environmentwithin which they will operate, the Petitioner believes thatthese operations fall within that zone ofsafety (an equivalent level ofsafety) in which Congress envisioned that the FAA must, by exemption, allow commercial operations of UAS to commence immediately. Also, due to the size ofthe UAS and the pre-defined, restricted area in which the UAS will operate approval ofthe 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 aircraftflight operations. There are a number of reasons why granting the Petitioner's requestto 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 Petitionerto develop best practices for safety and flight operations using UAS systems currently available to consumers.October 13, 2015 Page 5 

## WILLIAMS MULLEN

In addition, the proposed UAS operations in this Petition will benefitstudents, federal, state, and local governments, and the aviation industry as awhole by pioneering UAS academic programs thatfocus on the safe integration of UAS into the NAS. This Petition offersthe FAA and opportunity to collaborate with an academic institution that has decades ofexperience and a solid reputation forexcellence throughout all facets ofthe aviation industry. The public as a whole will benefit from a collaborative relationship between the FAA and Petitionerthatfocuses on the safe promotion of best practicesfortraining and qualification needs specificto the UAS industry. In many instances, it will allowthe Petitioner and its studentsto obtain higher-quality information than they currently are ableto receive at a cost-efficient price. This will likely result in the developmentof new applications and usesforthe data. VII. Specific Sectionsfrom Which Petitioners Seek an Exemption Based upon the information provided and the exemptionsthatthe FAA has already granted pursuantto Section 333, the Petitioner requests thefollowing 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. § 61.101(e)(4), 14 C.F.R. § 61.101(e)(5), 14 C.F.R. §61.113(a) and 14 C.F.R. § 61.315(a). Petitioner notesthat FAA requires the Pilot in Command (PIC) to hold either an airline transport, commercial, private, recreational orsport certificate pilot license and eithera current FAA airman medical certificate or avalid U.S. driver's license issued by a state, the District of Columbia, Puerto Rico, aterritory, a possession, orthe Federal government. Petitionerwill ensure that its PICswill satisfy each ofthese requirements. Since Petitioner's PICswill be operating UAS underthe same conditions as those previously granted, an equivalent level of safety will be met by granting these exemptions.October 13, 2015 Page 6 

## WILLIAMS MULLEN

Each of Petitioner's PIC will be pilots trained in the School ofAeronautics and hold a minimum ofa private pilot's license and specifictraining on each airframe. Each PIC will be checked out on each airframe and designated as proficient on each system before flights for any purpose otherthan training will be conducted. 2. 14 C.F.R. 

### § 91.7(a) Civil aircraftworthiness. Section 91.7(a) requires that an operator determine an aircraft is in airworthy condition before aflight. Petitioner requests relieffrom this section provided thatthe operator ofthe UAS determines priorto each flight thatthe aircraft is in compliance with the applicable Operational Documents. Such pre-flight inspection will provide the equivalent level ofsafety as that provided by this section. Petitioner notes that the Administrator has granted relieffrom 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 ofcivil aircraft over areas other than congested areas. The Petitioner requests relieffrom this section with respectto those participating persons, vehicles, and structures directly involved with data collection. The UAS will never operate at higherthan 400AGL and will be operated in a controlled area. Petitioner further requests thatwith regard to crew required forthe operation ofthe UAS, no minimum distance be required. Relieffrom 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 ofsafetywill be met by granting this exemption. Petitioner notes thatthe Administrator has granted relieffrom this section in previous exemptions. 4. 14 C.F.R. 

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

... to the elevation ofthe departure airport or an appropriate altimetersetting available before departure." An exemption from this section may be needed ifthe UAS does not have a barometric altimeter but instead has a GPS altitude read out. An equivalent level ofsafetywill be achieved by the operator, pursuantto the applicable Operational Documents, confirming the altitude ofthe launch site shown on the GPS altitude indicator before flight. As a result, an equivalent level ofsafety will be met by granting this exemption. Petitioner notes thatthe Administrator has granted relieffrom this section in previous exemptions. 5. 14 C.F.R. 

### § 91.151(a) Fuel requirements forflight 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 weatherconditions) there is enough fuel to fly to the first point of intended landing, and, assuming normal cruising speed

- (1) During the day, to fly afterthatfor at least 30 minutes." Complying with the 30 minute reserve would severely limitthe length ofthe Petitioner's UAS flights and hamperthe ability to conduct data collection. Given the limitations on theOctober 13, 2015 Page 7 

## WILLIAMS MULLEN

UAS's proposed flight area, a longertime frame forflight in daylight conditions is reasonable. Operating the UAS in atightly controlled area, where only people or official representatives who have signed waivers will be allowed, does not raise the type of risks thatthis section was intended to address, particularly given the size and speed ofthe UAS. Petitioner believes that an equivalent level ofsafety can be achieved by limiting flights to 50 minutes or20% of battery power, whichever happensfirst. 6. 14 C.F.R. 

### § 91.405(a) Maintenance required; 14 C.F.R. 

### § 91.407(a)(1) Operation after maintenance, preventive maintenance, rebuilding oralteration; 14 C.F.R. 

### §§ 91.409(a)(1) and (2) Inspections; 14 C.F.R. 

### §§ 91.417(a) and (b) Maintenance records. Maintenancewill be accomplished by the operator pursuantto the applicable Operational Documents. An equivalent level ofsafetywill 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 oftime. If mechanical issues arise, the UAS will be operating from no higherthan 400 feet AGL and can immediately land. As provided in the applicable Operational Documents, the operatorwill ensure that the UAS is in working order priorto initiating flight, perform required maintenance, and keep a log ofany maintenance performed. Moreover, the operator is the person most familiarwith the aircraft and best suited to maintain the aircraft in an airworthy condition to provide the equivalent level ofsafety. As a result, an equivalent level ofsafety 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 underSection 333 ofthe Reform Act have been effective for two years, the Petitioneralso requests that ifthe FAA issues interim orfinal rules applicable to the operation of any UAS included herein afterthe Petitioner receives a Grant of Exemption that any conditions and limitations required in such Grantthat are more burdensome than the new regulation be appropriately modified or removed. 

### IX. Operating Parameters for UAS Use Petitioner proposes that ifthe requested exemptions are granted, itwill operatethe UAS underthe following conditions: 1. UAS operations will be conducted by a PIC. The PIC shall hold an airline transport, commercial, private, recreational, orsport pilot certificate. The PIC also will hold a current FAA airman medical certificate oravalid U.S. driver's license issued by a state, the District ofColombia, Puerto Rico, aterritory, a possession, orthe Federal government. The UASwill be in visual line ofsite (VLOS) ofthe PIC at all times. 2. All UAS operations will utilize avisual observer ("VO"). The VO will not perform any otherduties beyond assisting the PIC with seeing and avoiding airtraffic and otherOctober 13, 2015 Page 8 

## WILLIAMS MULLEN

ground-based obstacles/obstructions. 3. The PIC and VO will be able to communicate verbally at all times. 4. Petitionerwill rely on its School ofAeronautics to provide a pilot qualification program, including atraining program incorporating proper aircraft operations and safety standards. The PIC and the VO will have obtained the necessary qualifications/training. A record ofcompletion ofthis qualification process will be documented and made available to theAdministrator upon request. 5. UASwill 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 orwith 20% battery power remaining, whichever occursfirst. At 30% battery the UASwill enter a return and land sequence; at 20% it will land immediately. 

### 8. UAS will not be operated over any person (otherthan participating personnel) at an altitude that is hazardousto persons or property on the surface in the event ofa UAS failure oremergency. Flight boundaries will be established for each UASflight and such boundarieswill be designed such thatthe UAS will pass no closerthan 500 feet from nonparticipating persons, vehicles orstructures, unless barriers orstructures are presentthat sufficiently protect nonparticipating persons from the UAS and/or debris in the event ofan accident. The operator must ensurethat nonparticipating persons remain undersuch protection and thatthe owner/controller ofany vessels, vehicles orstructures has granted permission for operating closerto those objects and the PIC has made a safety assessment ofthe risk of operating closerto those objects and determined that it does not present an undue hazard. The PIC, VO, operatortrainees oressential persons are not considered participating persons underthis exemption. 9. The UAS will abortthe flight in the event of unpredicted obstacles oremergencies in accordance with the applicable Operational Document. 10. The UAS will remain clear and yield the right ofwayto 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 orvehicle. 13. The UAS will not be operated less than 500 feet below or less than 2,000 feet horizontallyfrom a cloud orwhen visibility is less than 

### 3 statute milesfrom 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 oftheOctober 13, 2015 Page 9 

## WILLIAMS MULLEN

UAS anytime the aircraft is operating. These documentswill be made available to the Administrator upon request. 15. Any incident, accident, orflight operation thattransgresses the lateral orvertical boundaries ofthe operational area as defined by the applicable COAwill 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 operatorwill follow the procedures as outlined in its applicable Operational Documents. 17. Priorto each flight, pilotwill inspectthe UAS to ensure it is in condition for safe flight. Ifthe inspection reveals a discrepancy, the aircraftwill 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 overcongested ordensely populated areas. 19. All operations will be conducted over private or controlled-access propertywith permission from the landowner/controller or authorized representative. Permission from the landowner/controllerwill 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 affectthe UAS operation or flight characteristics will undergo afunctional flight test in accordance with the applicable Operational Documents. 22. Petitionerwill institute a rigorous maintenance program to ensure airworthiness of the UAS. Operatorwill follow the manufacturer's UAS aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements. 23. Each UAS will complywith all manufacturer Safety Bulletins. X. Summary to be Published in Federal Register Petitioner: Liberty University, Inc. Sections of14 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 ofReliefSought: Petitionerseeks relieffrom 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 Page 10 

## 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 ofthe criteria provided in Section 333 ofthe Reform Act regarding size, weight, speed, operating capabilities, proximity to airports and populated areas, operation within visual line ofsight, and national security, provide morethan adequatejustification forthe grant ofthe requested exemption allowing operation of Petitioner's UAS forthe purposes setforth herein. Please contact Petitioner's outside counsel, Judy Lin Bristow, at 804-420-6476 or jbristow@williamsmullen.com with any questions aboutthis filing.

cc: JonathanWashburn

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