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U. S. Department of Transportation

Docket Management System

1200 New Jersey Avenue, SE

Washington, DC 20590

Re: The University of North Dakota, Energy and Environmental Research Center Request for 

Exemption from Certain Regulations per Section 333 of the FAA Reform Act and Part

11 of the Federal Aviation Regulations

Dear Sir or Madam:

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

and 14 C.F.R. Part 11, The University of North Dakota, Energy and Environmental Research 

Center (“EERC”) hereby applies for an exemption from the listed Federal Aviation Regulations 

(“FARs”) to allow business use (commercial operation) of its sUASs, so long as such operations 

are conducted within and under the conditions outlined herein or as may be established by the 

FAA as required by Section 333.

I. INTRODUCTION

The EERC seeks to operate sUASs for aerial survey, aerial data collection, and development of 

associated technologies. In support of its application, The EERC submits confidentially a Flight 

Operations Standard Operating Procedures Manual (“SOP Manual”). The flight manuals for the 

Trimble UX5, DJI Phantom 3 and the SenseFly eBee can be made available for review upon 

request. To the extent anything in this letter conflicts with the SOP Manual or flight manuals, 

those documents control.

Specific Regulations for which an exemption is sought:

14 CFR 61.23(a)&(c), 14 CFR 61.101(e) (4) & (5), 14 CFR 61.113 (a), 14 CFR 61.315(a), 14 

CFR 91.7(a), 14 CFR 91.119(b) & (c), 14 CFR 91.121, 14 CFR 91.151(a)(1), 14 CFR 91.405 (a),

14 CFR 407 (a) (1), 14 CFR 409 (a) (1) & (2), and 14 CFR 417 (a) & (b).

II. THE EERC’S OPERATIONS DO NOT POSE SIGNIFICANT HAZARDS

The sUAS's utilized by The EERC are electric fixed-wing and multi-rotor craft, weighing less 

than 55 lbs. including payload. They operate at a speed of no more than 87 kts mph (100 mph). 

They will only be operated as visual line of sight (VLOS), remain under 400 ft. above ground 

level, or no more than 50 ft., above the structure being inspected, if that structure exceeds 400 ft. 

The sUASs will operate only with permission of involved property owners and/or local 

government officials. 
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During the proposed data collection operations, the site will be secured, and non-participants will 

be kept at least 500 feet away from the operation, unless barriers or structures are present that 

sufficiently protect non-participants from debris in the event of an accident. 

The EERC has drafted, and submits confidentially, a Flight Operations Standard Operating 

Procedures Manual (“SOP Manual”) which discusses safety considerations, training and general 

operating procedures for the proposed operations. The EERC also has, and can submit upon 

request, sUAS Aircraft Flight Manuals which set forth the specifications, inspection and setup of 

the sUASs intended for use in the proposed operations; all of those aircraft have previously been 

approved for operation under 333 exemptions.

III. THE EERC’S PROPOSED OPERATIONS ARE IN THE PUBLIC INTEREST

The FAA recently issued a Grant of Exemption to FalconSkyCam for operations that are 

substantially similar to those proposed herein. Docket No. FAA-2014-0884 (used March 6, 

2015). In issuing the Grant, the FAA noted that “[t]he enhanced safety and reduced 

environmental impact achieved using a UAS with the specifications described by the petitioner 

and carrying no passengers or crew, rather than a manned aircraft of significantly greater 

proportions, carrying crew in addition to flammable fuel, gives the FAA good cause to find that 

the UAS operation enabled by this exemption is in the public interest.”

Accordingly, The EERC respectfully requests that the FAA grant the requested exemption 

without delay.

IV. EQUIVALENT LEVEL OF SAFETY

The EERC proposes that the exemption requested herein apply to civil aircraft that have the 

characteristics and operate with the limitations listed herein. These limitations, as listed below, 

provide for at least an equivalent or even higher level of safety to operations under the current 

regulatory structure. 

These limitations and conditions to which The EERC agrees to be bound when conducting 

commercial operations under an FAA issued exemption include:

The sUASs utilized by The EERC will weigh less than 55 lbs.

Flights will be operated during daylight hours, in visual meteorological conditions, and 

within visual line of sight (VLOS) of the pilot of the sUAS.

All operations will utilize a visual observer in addition to the operator.

Maximum total flight time for each operational flight will be limited by battery capacity, 

and will terminate with adequate power remaining to allow a safe and controlled landing. 
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As noted, non-participants will be kept at least 500 feet away from the operation, unless 

barriers or structures are present that sufficiently protect non-participants from debris in the event 

of an accident.

V. EXEMPTIONS REQUESTED

14 C.F.R. § 61.23 (a) & (c): Medical certificates: Requirements and duration.

This regulation sets forth medical certificate requirements for pilots-in-command of aircraft The 

FAA is granting relief from § 61.23(a) to allow any pilot that holds one of the pilot’s certificates 

(discussed below) to operate a UAS with a U.S. issued driver’s license, in lieu of an FAA-issued 

medical certificate. The FAA is also granting relief from § 61.23(c) to allow sport pilot 

certificate holders to operate aircraft other than LSA with a U.S. issued driver’s license. The 

FAA has issued the following exemptions to this regulation: Exemption Nos. 11278, 11275, 

11269, 11267, 11260, 11256, 11253, 11252, 11240 and 11230.

14 CFR § 61.101 (e) (4) & (5): Recreational pilot privileges and limitations.

This regulation limits recreational pilots to non-commercial operations and that they may not act 

as pilot in command of a recreational aircraft for compensation or hire, or in the furtherance of a 

business. Unlike a conventional aircraft that carries the pilot and passengers, the UA is remotely 

controlled with no living thing on board. The area of operation will be predetermined and in a 

protected flight area under the permission of the property representative, and all flights are 

planned and coordinated in advance. The FAA has issued the following exemptions to this 

regulation: Exemption Nos.11278, 11275, 11269, 11267, 11260, 11256, 11253, 11252, 11240 

and 11230.

14 C.F.R. § 61.113(a) and (b): Private vs. Commercial Pilot Certificates

This regulation prohibits non-commercially rated pilots from operating an aircraft for 

compensation or hire. The EERC proposes that its pilots have at least a sport or recreational 

pilot’s certificate, and have either a U.S. issued drivers’ license or an FAA medical certificate. 

Its operations will be limited to controlled areas as reflected in The EERC’s SOP Manual. For 

the reasons set forth in the FAA’s grant of an exemption to Astraeus Aerial, The EERC does not 

believe a commercial pilot certificate is necessary for the operations it intends to conduct. See, 

e.g., In the matter of the petition of Astraeus Aerial, Exemption No. 11062 (issued Sept. 25, 

2014). For those reasons, The EERC requests an exemption from 14 C.F.R. § 61.113(a) and (b).

14 CFR § 61.315 (a): What are the privileges and limits of my sport pilot certificate?

This regulation limits sport pilots to non-commercial operations and that they may not act as 

pilot in command of an aircraft that is carrying passengers or property for compensation or hire, 

or in the furtherance of a business. They also may not carry more than one passenger, fly at 

night, and under other restrictions that are outside of the scope of intended flights of the UA. 

Unlike a conventional aircraft that carries the pilot and passengers, the UA is remotely controlled 
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with no living thing on board. The area of operation will be predetermined and in a protected 

flight area under the permission of the property representative, and all flights are planned and 

coordinated in advance. The FAA has issued the following exemptions to this regulation: 

Exemption Nos.11278, 11275, 11269, 11267, 11260, 11256, 11253, 11252, 11240 and 11230.

14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness

Section 91.7 prohibits operation of an unairworthy aircraft, and places responsibility for 

airworthiness determinations on the pilot in command. The sUASs will not have an 

airworthiness certificate, and there is no FAA regulatory standard for determining airworthiness 

of the sUASs. Additionally, The EERC’s operating documents set forth inspection and 

maintenance procedures to ensure airworthiness. For these reasons, and in accordance with the 

FAA’s grant of an exemption from 91.7 to Total Safety U.S., Inc., The EERC requests an 

exemption from 14 CFR. § 91.7(a). See, e.g., In the matter of the petition of Total Safety U.S., 

Inc., Exemption No. 11156 (issued Jan. 29, 2015).

14 C.F.R. §91.119(b) and (c): Minimum Safe Altitudes

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119(b) 

prohibits aircraft in congested areas from flying less than 1,000 feet above the highest obstacle 

within a horizontal radius of 2,000 feet of the aircraft. To the extent that the structures that The 

EERC would be inspecting are considered to be in “congested areas,”1 The EERC’ operational 

procedures, and the size, weight and speed of the sUAS, provide an equivalent level of safety 

such that operations at lower altitudes should be allowed.

As described in its SOP Manual, The EERC will establish a 500’ buffer/sterile area for its 

operations that will exclude personnel not associated with the operations. The EERC will also 

exercise additional control over the sterile area as needed, as set forth in the Manual. 

Consequently, The EERC believes these procedures will reduce or eliminate any potential 

adverse impacts to safety for operations in congested areas. The EERC therefore requests an 

exemption from 14 CFR § 91.119(b).

Section 91.119 (c) prohibits operations in other than congested areas below 500 feet above the 

surface, or closer than 500 feet to any person, vessel, vehicle or structure. As this exemption is 

for sUASs that fly similarly to a helicopter and the exemption requests authority to operate at 

 

1 The FAA Office of the Chief Counsel has indicated that whether an area is “congested” is determined on a caseby-case basis. See, e.g., June 18, 2012, Memorandum from Rebecca B. MacPherson, Assistant Chief Counsel for 

Regulations, to James E. Gardner, Manager, Flight Standards Division, re “To what extent an operator can make a 

congested area uncongested.”
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altitudes up to 400 ft AGL (or no more than 50 ft above the structure being inspected, if taller 

than 400 ft.) , an exemption may be needed to allow such operations. 

The equivalent level of safety will be achieved given the size, weight, speed of the UAS as well 

as the location where it is operated. As discussed above, The EERC’s SOP Manual provides for 

establishment of a sterile area, included safety buffers of 500 feet for personnel not associated 

with the operation. A 100 foot safety buffer will be in place for authorized personnel associated 

with the operation, unless the PIC determines a reduced buffer is essential to the current 

operation. The EERC therefore requests an exemption from Section 91.119(c) for all authorized 

personnel associated with the operation.

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.” As the sUASs may not have a barometric altimeter, 

but instead a GPS altitude read out, an exemption may be needed.

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; or (2) At night, to fly after that for at least 45 minutes.”

Maximum total flight time for each operational flight will be approximately 30 minutes. Flights 

will be safely landed when the battery falls below its nominal voltage, should that occur prior to 

completion of the operation. The sUASs The EERC proposes to use all have a Low Voltage 

Warning which alerts when the battery reaches pre-determined levels. This battery level would 

be more than adequate to return the sUAS to its planned landing zone from anywhere in its 

limited operating area when the Low Voltage Warning alerts.

For these reasons, The EERC requests an exemption from 14 C.F.R. § 91.151(a). Similar 

exemptions have been granted to other operations, including Exemptions 2689F, 5745, 10673, 

and 10808.

14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (1) & (2); 417(a) & (b): Maintenance

Inspections

These regulations require that an aircraft operator or owner “shall have that aircraft inspected as 

prescribed in subpart E of this part and shall between required inspections, except as provided in 

paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter 

...,” and others shall inspect or maintain the aircraft in compliance with Part 43.
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As provided in The EERC’s SOP Manual, the operator will ensure that the UAS is in working 

order prior to initiating flight, perform required maintenance and inspections, and keep a log of 

any maintenance performed. The FAA has issued a number of exemptions to this regulation, 

including Exemption Nos. 11278.

VI. REGULATIONS FOR WHICH EXEMPTIONS ARE UNNECESSARY

The Federal Aviation Administration just issued a number of exemptions for UAS operations in 

filming of movies. In those exemptions, the agency noted that exemptions from certain 

regulations were not necessary, due to “the size, weight, speed and limited operating area 

associated with [the UASs] and its operation.”

Based upon the FAA’s guidance, and the fact that The EERC’s sUASs are similar in size or 

smaller than those proposed by the film-making industry, The EERC believes exemptions from 

the following regulations are not necessary:

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 

14 C.F.R. § 45.23 (b). Marking of the Aircraft

14 C.F.R. §91.7(b): Civil aircraft airworthiness.

14 C.F.R. §91.109: Flight instruction.

The EERC also believes that an exemption from 14 C.F.R. § 91.103: Preflight Action, is not 

necessary. This regulation requires each pilot in command to take certain actions before flight to 

insure the safety of flight. An FAA approved rotorcraft flight manual will not be provided for the 

aircraft. An equivalent level of safety will be provided as set forth in the operating documents 

submitted as part of this request. 

The FAA has previously found that adherence to procedures contained in an applicant’s operating 

documents demonstrate compliance with § 91.103, and therefore an exemption from the 

regulation was not necessary. See, e.g., In the matter of the petition of Total Safety U.S., Inc., 

Exemption No. 11156 (issued Jan. 29, 2015).

As detailed in its operating documents, The EERC’s PIC will take all actions including reviewing 

weather, flight battery requirements, landing and takeoff clearance distances and aircraft 

performance data before initiation of flight to ensure the safety of the flight. Consequently, in 

light of the agency’s prior finding in Total Safety U.S., Inc., The EERC does not believe an 

exemption from 14 C.F.R. § 91.103 is necessary.

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the Federal 

Register, should it be determined that publication is needed:
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The University of North Dakota, THE EERC seeks an exemption from the following rules:

14 C.F.R. § 61.23(a) and (c); 14 C.F.R. § 61.101(e) (4) and (5); 14 C.F.R. § 61.113(a) and (b); 

14 C.F.R. § 315(a); 91.7 (a); 91.119(b) and (c); 91.121; 91.151(a); 91.405(a); 91.407 (a) (1); 

91.409 (a) (1) & (2) and 91.417 (a) & (b) to conduct aerial data collection. 

Approval of exemptions allowing commercial operations of sUASs for these operations will 

enhance safety by reducing risk. Conventional means for performing data collection on elevated 

structures and other property require ladders, ropes, aerial lifts, or using conventional helicopters 

operating at extremely low altitudes over the subject structure or property being photographed. 

These conventional means all pose risks to persons and property. 

In contrast, a sUAS weighing less than 55 lbs. and powered by batteries, eliminates virtually all 

of that risk given the reduced mass and lack of combustible fuel carried on board. The sUAS is 

carried to the project site and not flown. The sUAS will carry no passengers or crew and, 

therefore, will not expose them to the risks associated with manned aircraft flights, ground-based 

aerial lift (bucket truck) operations, or manual climbing and inspection operations.

The operation of small UASs, weighing less than 55 lbs., conducted in the strict conditions 

outlined above, will provide an equivalent level of safety supporting the grant of the exemptions 

requested herein, including exempting The EERC from the requirements of Part 21 and allowing 

commercial operations. These lightweight aircraft operate at slow speeds, and close to the 

ground, and, as a result, are far safer than conventional alternatives.

Privacy

All flights will occur over private or controlled access property with the property owner’s prior

consent and knowledge.

Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012--size, weight,

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

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

of the requested exemptions allowing commercial operation of The EERC’s sUASs to conduct 

aerial data collection. 

Sincerely,

//s// Michael P. Corcoran

Michael P. Corcoran

Chief Pilot

University of North Dakota\

Energy Environmental Research Center