December 22, 2015

U.S. Department of Transportation

, Docket Operations West Building Ground Floor, Room W12

- 140 1200 New Jersey Avenue, S.E. Washington, D.C. 20590

Re: Exemption Request under Section

333 of the FAA Modernization and

Reform Act of 2012

Dear Sir or Madam:

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

14 CFR § Part 11, the Illinois Department of Transportation (IDOT), seeks an exemption from the Federal Aviation Regulations (FARs) listed below and detailed in Appendix A to allow for commercial operations of small unmanned aircraft systems (sUAS).

14 CFR §Part 21 14 CFR §Part 61.113 (a) & (b) 14 CFR §Part 91.7 (a) 14 CFR §Part 91.9 (b) (2) 14 CFR §Part 91.103 14 CFR §Part 91.109 14 CFR § Part 91.119 14 CFR §Part 91.121 14 CFR §Part 91.151 14 CFR §Part 91.203 (a) & (b) 14 CFR §Part 91.405 (a) & (b) 14 CFR § Part 91.407 (a) (1) 14 CFR §Part 91.409 (a) (2) 14 CFR §Part 91.417 (a) & (b)

The Illinois Department of Transportation, a government entity operating in Illinois, provides essential transportation infrastructur e planning, maintenance and operation throughout the State. This exemption will allow IDOT to safely operate sUAS under controlled conditions in the National Airspace System (NAS) for the purposes of acquiring data to support the transportation mission

of the Department, including functions such as construction project
documentation, and transportation infrastructure inspections and analysis, traffic flow evaluation, and educational visuals

. In addition

, the exemption will allow IDOT to safely operate sUAS under controlled conditions in the NAS providing aerial assistance to other State agencies historically provided by the Department in support of official State business, such as wildlife counts, crop condition reporting, accident or incident response , sea rch and rescue, disaster

response

, and emergency support. The FAA can be assured that the proposed use of UAS operations will be conducted at an equ ivalent or greater level of safety.I DOT Section 333 Exem p tion Petition



### Page 2 of 6 The name and address of the petitioner is:

Illinois Department of Transportation

Division of Aeronautics ATTN: Steven M. Young, Interim Director

Phone: 217

- 785

- 8515

Email: steve.m.young2@illinois.gov Address: 1 Langhorne Bond Drive, Springfield, IL 62707

The Illinois De partment of Transportation proposes to use the following sUAS platforms for operations under this request:

1. DJI Phantom 3 Professional

2. DJI Inspire 1 Pro

The manufacturer instructions and specifications will be used to ensure that the

sUAS platforms are operated safely

. The user manuals for each of these systems can be made available for review upon your request. Each of these platforms weigh less than 55 lbs, including energy sources and equipment. Each UAS consists of a lightweight battery powered aircraft, a ground control station, and associated communications equipment. The a ircraft carries an onboard geo

- referenced camera that allows it to con duct precision photogrammetry a t the resolutions appropriate for use by each functional area. By approving these exemptions, the FAA will create benefits fo r transportation

, safety, rese arch and the environment which are ultima tely in the public's

interest.

In accordance with the FAAs UAS Integration office's guidance, each of these sUASs will be registered with the FAA. Prior to any UAS operation, the PIC will perform the requirements e stablished in the Federal Aviation Regulations and those prescribed in any forthc oming exemption to ensure a NOTAM is properly filed, the weather exceeds all minimum conditions, all pre

- flight checks are complete

, and that UAS performance is satisfactory f or flight in the NAS.

Below is a summary of operational limitations and conditions that will ensure

IDOT operate s at an equivalent or higher level of sa fe ty compared to manned

aircraft for each regulation requiring an exemption:

1. IDOT will obtain an Air Traffic Organization (ATO) issued Certificate of Authorization (COA) prior to conducting any U AS operations grant of exemption.

2. All UAS operations will be conducted in accordance with the parameters prescribed in the approved COA.

3. The s UAS will weigh less than 55 lbs including energy sources and equipment.

4. The sUAS will be flown at speeds not to exceed 50 knots.

5. Flights will be flown at an altitude of no more than 400 feet AGL.

6. sUAS operations will only be conducted during daylight hours in accordance with basic VFR weather minimums as prescribed in 14 CFR §91.155.

7. The PIC will possess at least a private pilot certificate and have a

current third

- class medical certificate. The PIC w ill also meet theI DOT Section 333 Exem p tion Petition



### Page 3 of 6 flight review requirements specified in 14 CFR § 61.56 in an aircraft in which the PIC is rated on his/her pilot certificate.

8. The U AS will be operated within visual line of sight (VLOS) of the

PIC at all times.

9. All operations will utilize a V isual O bserver (VO) who will

maintain verbal communication with the PIC at all times.

10. The PIC will operate the sUAS from a stationary position and not from a moving device or moving vehicle.

11. The PIC will ensure that the sUAS remains clear and yield the right of way to all manned operations and activities.

12. Flights will be conducted at a lateral distance of at least 100 feet away from inhabited structures, buildings, vehicles, vessels, and

pe rsons not associated with the UAS operation.

13. Prior to each flight , the PIC will inspect the UAS to ensure that it is airworthy to operate safely in the NAS.

14. IDOT will follow the manufacturer's sUAS maintenance, overhaul, replacement, inspection and life limit requirements.

15. Maximum total flight time for each operational flight will be limited

to the amount of time the UAS can be flown and still maintain reserve battery power of no l ess than 25%.

16. All documents required by 14 CF R § Parts 91.9 and 91.203 will be available to the PIC at the sUAS ground station any time the sUAS is operating.

17. Any incident, accident or UAS operation that exceeds the lateral or vertical boundaries of the operational area as defined by the approved COA, will be reported to the FAA's UAS Integration Office (AFS

- 80) within 24 hours. Accidents wil l be reported to the National Transportation Safety Board (NTSB) in accordance with the NTSB guidance.

IDOT submit s that the combination of the sUAS’s light weight and small form factor, their demonstrated safe flight performance, a fully qualified flig ht crew

, and strict operation under the guidelines established in FSIMS 8900.1, Volume 16, should allow the FAA to have confidence that IDOT’s UAS operations will demonstrate an equivalent or greater level of safety of manned aircraft performing the same m ission.

Please do not hesitate to contact us if you require any additional information or

clarification.

Sincerely,

Steven M. Young

Interim Director Illinois Department of Transportation,

Division of Aeronautics

Appendices:

A. Exemption Request and Equivalent Level of SafetyI DOT Section 333 Exem p tion Petition



### Page 4 of 6 Appendix A

EXEMPTION REQUEST AND EQUIVALENT LEVEL OF SAFETY

The Illinois Department of Transportation requests an exemption from the following regulations:

14 CFR Part 21, Subpart H: Airworthiness Certificates 14 CFR § 91.203(a) (1) Subpart H, establishes the procedural requirements as required by 14 CFR § 91.203 (a)(1). Given the size and limited operating area associated with the sUAS platforms to be used by IDOT , an exemption from Pa r t 21 Subpa rt H meets the requirements of an equivalent level of safety under Part 11 and Section 333 of the FMRA. The Federal Aviation Act (49 U.S.C. § 4470l(f)) and Section 333 of the FMRA both authorize the FAA to exempt aircraft from the requirement of airworthiness certificate upon consideration of the size, weight, speed, operational capability and proximity to a irports and populated areas of the particular sUAS. An analysis of these criteria demonstrates that the sUAS operated without an airworthiness certificate, in a restricted environment

and under the conditions proposed by IDOT will be at least as safe as o r safer than conventional aircraft operating with an airworthiness certificate without the restrictions and conditions proposed. The sUAS platforms to be operated by IDOT under this exemption all weigh less than 55 pounds. The platforms carry no personne l or explosive materials and will operate exclusively within the operations area defined in an approved COA. Operations under this exemption will be tightly controlled and monitored by the PIC. The FAA will have advance notice of all of these sUAS
operat ions. These safety enhancements provide a greater degree of safety to the public and property owners than conventional operations conducted with airworthiness certificates under 14 CFR Part 21, Subpart H

.

14 CFR § 61. 113 (a) & (b): Private Pilot Privile ges and Limitations: Pilot in

Command Part 61.113 (a) & (b) limits private pilot privileges to non

- commercial operations. Unlike a conventional aircraft that carries a pilot, passengers or cargo, the sUAS is remotely controlled and carries no passengers or property. All sUAS flights will be planned and coordinated in advance and the operations area will be controlled. The level of safety provided by the requirements in the Manufacturer operating I nstructions and specifications exceeds that provided by an in dividual holding a commercial pilot's certificate operating a conventional aircraft. Because the sUAS carries no pilot or passengers, the proposed operations can achieve the equivalent level of safety of current operations by requiring the PlC to have a P rivate P ilot's certificate rather than a commercial pilot's cer tificate to operate the sUAS.

14 CFR § 91.7 (a): Civil Aircraft Airworthiness This regulation requ ires that no person may operate a civil aircraft unless it is in an airworthy condition. As there will be no airworthiness certificate issued for the sUAS, should this exemption be granted, as no FAA regulatory standard exists for determining

sUAS airworth iness. An equivalent level of safety will be provided by the small size of the sUAS and the requirements contained in the manufacturer manuals and specifications for maintenance and use of safety checklists prior to flight. IDOT will

ensure that the sUAS is in an airworthy condition prior to each flight based on compliance with the specifications of the manufacturer manuals and instructions.I DOT Section 333 Exem p tion Petition



### Page 5 of 6 14 CFR § 91.9 (b) (2) : Civil aircraft flight manual, marking and placard requirements This regulation provides tha t no person may operate an aircraft unless a current, approved flight manual is in the aircraft. The IDOT s UAS are small and will not carry any passengers. An equivalent level of safety will be accomplished by keeping the

manufacturer manual s and instructi ons at the ground control station where the PIC will have immediate access to it during all flights.

14 CFR § 91.103: Preflight Action This regulation requires each PIC to take certain actions before flight to ensure safety of flight. As FAA approved fl ight manuals will not be provided for the sUAS, an exemption from this regulation is required. An equivalent level of safety will be provided by the PIC following the procedures set forth in the manufacturer’s manuals and i nstructions. The

PIC will take al l actions including reviewing weather, flight battery or fuel requirements, takeoff and landing distances and aircraft performance data before initiation of the flight. The PIC will also account for site specific conditions in their preflight actions.

14 CFR § 91.109 : Flight Instruction This regulation 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. Small UAS by their de sign, typically do not have functional

dual controls. Given the size and speed of the sUAS, an equivalent level of safe training can be performed without dual controls because no pilot or passengers are aboard the aircraft and all persons will be a safe d istance away in the event the sUAS experiences any difficulties during the flight instruction.

14 CFR § 91.119: Minimum Safe Altitudes Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.1 19( d) allows helicopters to be operated at less than the minimums prescribes, provided the person operating the helicopter complies with any routes or altitudes prescribed for helicopters by the FAA. As this exemption is for sUAS that are s imilar to helicopters, and the exemption request authority to operate at altitudes up to 400ft AGL, an exemption may be needed to allow such operations. The sUAS will not be operated

above 400 ft AGL. The equivalent level of safety will be achieved given the size, weight and speed of the sUAS as well as the location of operation. The low altitude operations of the sUAS will ensure separation between the sUAS and operations of conventional aircraft that must comply with 91.1 I 9.

14 CFR § 91.121: Altimeter Settings This regulation requires that each person operating an aircraft shall maintain the 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 is required as the sUAS do not have a barometric altimeter, but instead have GPS altitude

read out. An equivalent level of safety will be achieved by the PIC confirming the

altitude of the launch site shown on GPS altitude indic ator before flight.

14 CFR § 91.151 (a): Fuel Requirements for Flight in VFR Conditions The regulation provides that no person may begin a flight in an airplane under day

- VFR conditions unless there is enough fuel to fly to the first point of intended la nding and to fly after that for at least 30 minutes. An equivalent level of safety will be achieved due to operations being conducted on site without significant transit time by the sUAS. The maximum total flight time for each flight will be limited to t he amount of the sUAS can be flown and still maintain a reserve battery power of no less than 25%.I DOT Section 333 Exem p tion Petition



### Page 6 of 6 14 CFR § 91.203 (a) and (b) : Carrying Civil Aircraft Certification and Registration Subpart (a) of this regulation prohibits any person from operating a ci vil aircraft unless it has within it (1) an appropriate and current airworthiness certificate; (2) an effective U.S. registration certificate issued to its owner or, for operation within the United States, the second copy of the Aircraft Registration Appli cation as provided for in §47.3l(c). Subpart (b) requires that no person may operate a civil aircraft unless an airworthiness certificate or a special flight authorization issued under § 91 .715 legible to passengers or crew is displayed at the cabin or c ockpit entrance. The sUAS platforms weigh no more than 55 pounds fully loaded and are operated without an onboard pilot. As such, there is no ability or place to carry certification and registration documents or to display

them. An equivalent level of s afety will be achieved by keeping these documents at the ground control station where the pilot flying the sUAS will have immediate access to

them.

14 CFR § 91.405: Maintenance Required 14 CFR § 91.407: Operation after Maintenance, Preventative Maintenan ce, Rebuilding, or Alteration 14 CFR § 91.409: Inspections 14 CFR § 91.417: Maintenance Records These regulations detail the specific maintenance, return to service, inspection and maintenance record keeping requirements. An equivalent level of safety wil l be provided by the PIC following the procedures set forth in the manufacturer’s manuals

and instructions. The PIC will cond uct all maintenance, part replacement and inspections in accordance with the manufacturer’s manuals and instructions.