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 infrastructure 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, search and rescue, disaster 

response, and emergency support. The FAA can be assured that the proposed 

use of UAS operations will be conducted at an equivalent or greater level of 

safety.
IDOT Section 333 Exemption Petition

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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 Department 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 aircraft carries an 

onboard geo-referenced camera that allows it to conduct precision 

photogrammetry at the resolutions appropriate for use by each functional area. 

By approving these exemptions, the FAA will create benefits for transportation, 

safety, research and the environment which are ultimately 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 established in the Federal Aviation Regulations and 

those prescribed in any forthcoming 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 for flight in the NAS.

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

IDOT operates at an equivalent or higher level of safety 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 UAS 

operations grant of exemption.

2. All UAS operations will be conducted in accordance with the 

parameters prescribed in the approved COA.

3. The sUAS 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 will also meet the 
IDOT Section 333 Exemption Petition

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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 UAS will be operated within visual line of sight (VLOS) of the 

PIC at all times.

9. All operations will utilize a Visual Observer (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 

persons 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 less than 25%.

16. All documents required by 14 CFR §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 will be reported to 

the National Transportation Safety Board (NTSB) in accordance 

with the NTSB guidance.

IDOT submits that the combination of the sUAS’s light weight and small form 

factor, their demonstrated safe flight performance, a fully qualified flight 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 mission.

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 Safety
IDOT Section 333 Exemption Petition

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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 Part 21 Subpart 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 airports 

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 or 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 personnel 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 

operations. 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 Privileges 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 Instructions and 

specifications exceeds that provided by an individual 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 Private Pilot's certificate rather than a 

commercial pilot's certificate to operate the sUAS.

14 CFR § 91.7 (a): Civil Aircraft Airworthiness

This regulation requires 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 airworthiness. 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.
IDOT Section 333 Exemption Petition

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14 CFR § 91.9 (b) (2): Civil aircraft flight manual, marking and placard 

requirements

This regulation provides that no person may operate an aircraft unless a current, 

approved flight manual is in the aircraft. The IDOT sUAS are small and will not carry 

any passengers. An equivalent level of safety will be accomplished by keeping the 

manufacturer manuals and instructions 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 flight 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 instructions. The 

PIC will take all 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 design, 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 distance 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 similar 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 indicator 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 landing 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 the amount of the sUAS can be 

flown and still maintain a reserve battery power of no less than 25%.
IDOT Section 333 Exemption Petition

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

Subpart (a) of this regulation prohibits any person from operating a civil 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 Application 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 cockpit 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 safety 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 Maintenance, 

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 will be 

provided by the PIC following the procedures set forth in the manufacturer’s manuals 

and instructions. The PIC will conduct all maintenance, part replacement and 

inspections in accordance with the manufacturer’s manuals and instructions.