In July 2015, the University of Pennsylvania submitted an exemption request under Section 333 of the FAA Modernization and Reform Act of 2012 to the Federal Aviation Administration (FAA) to operate unmanned aircraft systems (UAS) in support of research operations. The exemption request was recently approved for a limited scope of research activity from February 2016 through February 28, 2018. However, even with the grant of the Section 333 Exemption, operation of UAS vehicles remains highly regulated by the FAA. The University of Pennsylvania Division of Public Safety, Office of Risk Management & Insurance and Office of the General Counsel (OGC) are developing a UAS Policy that is intended to provide more detailed guidance in the future.

—Office of the General Counsel

What does the Section 333 Exemption mean for researchers at Penn?

The exemption is limited to aerial data collection, which includes any remote sensing and measuring by an instrument(s) aboard the UAS. Examples include imagery (photography, video, infrared, etc.), electronic measurement (precision surveying, RF analysis, etc.), chemical measurement (particulate measurement, etc.) or any other gathering of data by instruments aboard the UAS.

The exemption is further restricted to only the UAS that Penn included in the original petition.

To determine if a UAS was included, the list of approved devices in the Section 333 Exemption must be reviewed. A UAS operator must meet the following conditions and limitations for each flight. Failure to comply can be grounds for the immediate suspension by the FAA of the University-wide exemption. 

• The pilot in command (PIC) must hold either an airline transport, commercial, private, recreational or sport pilot certificate. Also, the PIC must hold a current FAA airman medical certificate or valid US driver’s license.
• The UAS may not operate within five nautical miles of an airport reference point (ARP).
• The UAS must be operated no more than 400 feet above ground level (AGL).
• The UAS may not exceed a speed of 87 knots (100 miles per hour) or greater than the maximum UAS operating airspeed recommended by the aircraft manufacturer.
• The UAS must be operated within visual line of sight (VLOS) of the PIC at all times. 
• All operations must utilize a visual observer (VO). The UAS must be operated within the VLOS of the PIC and the VO at all times. The PIC must be designated before the flight and cannot transfer his or her designation for the duration of the flight. 
• Operations for the purpose of closed-set motion picture and television filming are not permitted. 
• UAS operations may not be conducted during night. All flights must be conducted under visual meteorological conditions (VMC).
• All flight operations must be conducted at least 500 feet from all non-participating persons, vessels, vehicles and structures. Practically, this requirement means that it will still be very challenging even with the Section 333 Exemption to legally operate a UAS on or about the Penn campus, as there is almost always a non-participating person within 500 feet.

What about the new rules for operating UAS commercially?

The FAA is currently analyzing comments on new rules for operating small UAS commercially, so until the FAA issues a final rule, no part of this rule is in effect and current regula-tions continue to apply. 

What if I am operating UAS as a hobby?

Unless you are flying only for hobby or recreational purposes (which excludes University research or business reasons), you will need FAA authorization via a Section 333 grant of exempion to fly your UAS. This applies even if you are only flying to supplement or aid your business and not charging fees for doing so. For more info on the FAA’s interpretation of “hobby or recreational” flying, please see the FAA’s Interpretation of the Special Rule for Model Aircraft. 

What if I am operating UAS for my research?

You must adhere to the guidelines outlined under Penn’s exemption. Please provide advance notice to Penn’s Division of Public Safety and Office of Risk Management & Insurance of any intended UAS use.

What about new legislation on higher education’s use of UAS?

To date, amendments to the Federal Aviation Administration (FAA) Modernization Act of 2016 and separate legislation have requested that the FAA explore standards to allow expanded use of UAS at institutions of higher education in an academic setting. The Office of Government and Community Affairs (OGCA) and OGC will continue to monitor these developments, but until the FAA issues a final rule for colleges and universities on use of UAS on campus, faculty, staff and students are required to follow the guidelines set forth in Penn’s exemption for any UAS activity that is connected to or authorized by Penn.

Where can I get more information about how Section 333 Exemptions work?

The FAA has a list of FAQs on Section 333 available at https://www.faa.gov/uas/legislative_ programs/section_333/333_faqs/#q6