To: Date: 9/10/15

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, D.C. 20590

From:

City of Saint Cloud, Minnesota

400 2nd street south

Saint Cloud, MN 56301

Joe Nathan

320 650-3381

Email: joe.nathan@ci.stcloud.mn.us

Re: Petition of City of Saint Cloud, MN ("Petitioner") for an Exemption Pursuant 

to Section 333 of the FAA Modernization and Reform Act of 2012 and 14 C.F.R. 

Part 11, 45.23(b); 14 CFR Part 21;14 CFR 61.113 (a) & (b); 91.7 (a);91.9 (b) 

(2);91.103(b); 91.109;91.119; 91.121; 91.151(a);91.203(a) & (b);91.405 (a); 

91.407(a) (1); 91.409 (a) (2);91.417 (a) & (b).

Specifically the requested exemption would permit the operation of small, 

unmanned and relatively inexpensive Small Unmanned Aircraft Systems 

(“sUAS”) for aerial data collection of city owned infrastructure and related 

activities. These would occur in a limited and predetermined airspace that would 

enhance the safety of those involved compared with manned aircraft.

This aircraft has four rotors and four motors in a quadcopter configuration (X4). It 

is only capable of vertical takeoff and landings. This sUAS weighs less than 55 

lbs. including payload, can fly, under normal conditions at a speed of no more 

than 35 knots and has the capability to hover, and move in the vertical and 

horizontal plane simultaneously. This sUAS is equipped with GPS and auto

return function to the predetermined safe landing area as well as allowing

reading of magnetic interference that can cause loss off GPS signal. The UAS 

will operate only in line of sight and will operate only within the limits of public 

rights of way or easements. Such operations will be conducted to insure that the

UAS will “not create a hazard to users of the national airspace system or the 

public.” (Reform Act Section 333 (b)).
The petition is organized as follows:

 

I. The Petitioner

 II. Types of Operations

III. Safety

IV. Specific Exemptions

 V. Privacy

VI. Flight Manuals

VII. Public Interest

I. The petitioner is:

City of Saint Cloud, MN

attn: Joe Nathan

400 2nd street south

Saint Cloud, MN 56301

Ph: 320 650-3381

Fax: 320-255-7297

email: joe.nathan@ci.stcloud.mn.us

II. Types of Operations

Using sUAS’s for:

Aerial data collection of city owned infrastructure and activities.

Examples are:

- Inspections of cityowned storm water pond system

- Inspections of the city’s water and wastewater treatment facilities

- Inspections of cityowned road rights of way 

- Inspections of city owned leased solar garden

- Periodic inspections of cityfunded infrastructure improvement projects 

- Bridge inspections 

- Assist with damage assessments or situational status reports during emergency 

response operations 

- Evaluations within the city related to wildlife, forestry & vegetation/flora issues

- Aerial mapping data for city comprehensive planning activities

- Aerial data collection for the promotion of city owned community assets and to 

leverage economic development with said assets
-Aerial data collection of city owned infrastructure: to assist in the performance of 

safety audits and infrastructure inspections

III. Safety

The applicant proposes that the exemption requested herein apply to aircraft that 

have the characteristics and that operate with the limitations listed herein. These 

limitations provide for at least an equivalent or even higher level of safety to 

operations under the current regulatory structure because the proposed 

operations represent a safety enhancement to the already safe aerial data 

collection operations conducted with conventional aircraft.

These limitations and conditions to which the Petitioner agrees to be bound when 

conducting operations under an FAA issued exemption include:

1. The sUAS is a DJI Inspire 1, it weighs less than 55 lbs.

2. Flights will be operated within line of sight of a pilot and/or observer.

3. Maximum total flight time for each operational flight will be 25 minutes. Flights 

will be terminated at 25% battery power reserve should that occur prior to the 25

minute limit.

4. Flights will be operated at an altitude of no more than 400 feet AGL.

5. Minimum crew for each operation will consist of the sUAS Pilot, the Visual 

Observer, and the Camera Operator.

6. sUAS pilot will be an FAA licensed airman with at least a private pilot’s 

certificate and third class medical.

7. sUAS Pilot will be Pilot in Command (PIC). If a pilot certificate holder other 

than the sUAS Pilot, who possess the necessary PIC qualifications, is also 

present on set (i.e. the Aerial Coordinator), that person can also be designated 

as PIC.

8. The UAS will only operate within a confined predetermined area for each flight.

9. A briefing will be conducted in regard to the planned sUAS operations prior to 

each day’s production activities. It will be mandatory that all personnel who will 

be performing duties within the boundaries of the safety perimeter be present for 

this briefing.

10. The operator will obtain the consent of all persons involved in the 

photography / video and ensure that only consenting persons will be allowed 
within 100 feet of the flight operation. With the advanced permission of the 

relevant FSDO, operations at closer range can be approved.

11. Pilot and observer will have been trained in operation of UAS generally and 

received the most current information on the particular UAS to be operated.

12. Observer and pilot will at all times be able to communicate by voice and/or 

text.

13. Written and/or oral permission from the relevant property holders will be 

obtained.

14. All required permissions and permits will be obtained from territorial, state, 

county or city jurisdictions, including local law enforcement, fire, or other 

appropriate governmental agencies.

15. If the sUAS loses communications or loses its GPS signal, the UAS will have

capability to return to a pre-determined location within the Security Perimeter and

land.

16. The sUAS will have the capability to abort a flight in case of unpredicted 

obstacles or emergencies.

IV. Exemptions

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) 

(1)

Subpart H, entitled Airworthiness Certificates, establishes the procedural 

requirements for the issuance of airworthiness certificates as required by FAR 

§91.203 (a) (1). Given the size and limited operating area associated with the 

aircraft to be utilized by the Petitioner, an exemption from Part 21 Subpart H 

meets the requirements of an equivalent level of safety under Part 11 and 

Section 333 of the Reform Act. The Federal Aviation Act (49 U.S.C.§44701 (f)) 

and Section 333 of the Reform Act both authorize the FAA to exempt aircraft 

from the requirement for an airworthiness certificate, upon consideration of the 

size, weight, speed, operational capability, and proximity to airports and 

populated areas of the particular UAS. In all cases, an analysis of these criteria 

demonstrates that the UAS operated without an airworthiness

certificate, in the restricted environment and under the conditions proposed will 

be at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) 

operating with an airworthiness certificate without the restrictions and conditions 

proposed.
The sUAS to be operated hereunder is less than 55 lbs, (actually 6.5 lbs.) fully 

loaded, carries neither a pilot nor passenger, carries no explosive materials or 

flammable liquid fuels, and operates exclusively within a defined area. Unlike 

other civil aircraft, operations under this exemption will be tightly controlled and 

monitored, and under the requirements and in compliance with local public safety

requirements, to provide security for the area of operation as is now done with 

conventional aerial data collection. These safety enhancements, provide a 

greater degree of safety to the public and property owners than conventional 

operations conducted with airworthiness certificates issued under 14 C.F.R. Part 

21, Subpart H. Lastly, application of these same criteria demonstrates that there 

is no credible threat to national security posed by the UAS, due to its size, speed 

of operation, location of operation, lack of flammable/explosive materials or liquid 

fuels, and inability to carry a significant load.

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

The regulation requires:

When marks include only the Roman capital letter "N" and the registration 

number is displayed on limited, restricted or light-sport category aircraft or 

experimental or provisionally certificated aircraft, the operator must also display 

on that aircraft near each entrance to the cabin, cockpit, or pilot station, in letters 

not less than 2 inches nor more than 6 inches high, the words "limited, 

"restricted," "light-sport," "experimental," or "provisional," as applicable.

Even though the sUAS will have no airworthiness certificate, an exemption may 

be needed as the UAS will have no entrance to the cabin, cockpit or pilot station 

on which the word“ Experimental” can be placed. Given the size of the sUAV,

two-inch lettering will be impossible. The word “Experimental” will be placed on 

the fuselage in compliance with §45.29 (f).

The equivalent level of safety will be provided by having the sUAV marked on its 

fuselage as required by §45.29 (f) where the pilot, observer and others working 

with the sUAS will see the identification of the sUAS as “Experimental.” The FAA 

has issued the following exemptions to this regulation to Exemptions Nos. 10700, 

8738, 10167 and 10167A.

14 C.F.R. § 61.113 (a) & (b): Private Pilot Privileges and Limitations: 

Pilot in Command.

Sections 61.113 (a) & (b) limit private pilots to non-commercial operations. 

Because the UAS will not carry a pilot or passengers, the proposed operations 

can achieve the equivalent level of safety of current operations by requiring the 

PIC operating the aircraft to have a private pilot’s license rather than a 

commercial pilot’s license to operate this small UAS. Unlike a conventional
aircraft that carries the pilot and passengers, the sUAS is remotely controlled 

with no living thing on board. The area of operation is controlled. The risks 

associated with the operation of the sUAS are so diminished from the level of risk 

associated with commercial operations contemplated by Part 61 when drafted, 

that allowing operations of the sUAS as requested with a private pilot as the PIC 

exceeds the present level of safety achieved by 14 C.F.R. §61.113 (a) & (b).

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

The regulation requires an air worthiness certificate...that no person may operate 

a civil aircraft unless it is in airworthy condition. As there will be no airworthiness 

certificate issued for the aircraft, should this exemption be granted, no FAA 

regulatory standard will exist for determining airworthiness. Given the size of the 

aircraft an equivalent level of safety will be provided by the PIC prior to each 

flight.

14 C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft.

Section 91.9 (b) (2) provides:

No person may operate a U.S.-registered civil aircraft ...

(2) For which an Airplane or Rotorcraft Flight Manual is not required by §21.5 of 

this chapter, unless there is available in the aircraft a current approved airplane 

or Rotorcraft Flight Manual, approved manual material, markings, and placards, 

or any combination thereof.

The sUAS, given its size and configuration has no ability to carry such a flight 

manual on the aircraft, not only because there is no pilot on board, but because 

there is no room or capacity to carry such an item on the aircraft.

The equivalent level of safety will be maintained by keeping the flight manual at 

the ground control point where the pilot flying the sUAS will have immediate 

access to it. The FAA has issued the following exemptions to this regulation: 

Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 

10602, 32827, and 10700.

14 C.F.R. § 91.103: Preflight action

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

flight to insure the safety of flight. As FAA approved rotorcraft flight manuals will 

not be provided for the aircraft an exemption will be needed. The PIC will take all 

actions including reviewing weather, flight battery requirements, landing and 

takeoff distances and aircraft performance data before initiation of flight.
14 C.F.R. §91.109: Flight instruction:

Section 91.103 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.

sUASs are remotely piloted aircraft, by design they do not have fully functional 

dual controls. Flight control is accomplished through the use of a remote control 

box that communicates with the aircraft via radio signals. The FAA has approved 

exemptions for flight training without fully functional dual controls for a number of 

aircraft and for flight instruction in experimental aircraft. 

See Exemption Nos.5778K & 9862A. 

Due to the size and speed of the aircraft, and it’s inability to carry a pilot or 

passengers, the equivalent level of safety is provided in it’s application.

14 C.F.R. §91.119: Minimum safe altitudes

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 

91.119 (d) allows helicopters to be operated at less than the minimums 

prescribed, provided the person operating the helicopter complies with any route 

or altitudes prescribed for helicopters by the FAA. As this exemption is for a 

sUAS that is a helicopter and the exemption requests authority to operate at

altitudes up to 400 AGL, or not more than 200 above an elevated platform from 

which filming is planned, an exemption may be needed to allow such operations. 

As set forth herein, the sUAS will never operate at higher than 400 AGL. 

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

the sUAS as well as the location where it is operated. No flight will be taken 

without the permission of the property owner or local officials. Because of the 

advance notice to the property owner, all affected individuals will be aware of the 

planned flight operations. Compared to flight operations with aircraft or rotorcraft 

weighting far more than the maximum 55lbs. proposed herein and the lack of 

flammable fuel, any risk associated with these operations is far less than those 

presently presented with conventional aircraft operating below 500 AGL in Class 

G airspace. In addition, the low-altitude operations of the sUAS will ensure 

separation between these sUAS operations and the operations of conventional 

aircraft that must comply with Section 91.119.
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 

sUAS may not have a barometric altimeter, but instead a GPS altitude read out, 

an exemption may be needed. An equivalent level of safety will be achieved by 

the operator, pursuant to Safety Check list, confirming the altitude of the launch 

site shown on the GPS altitude indicator before flight.

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.”

The battery powering the sUAS provides approximately 20 minutes of powered 

flight. To meet the 30 minute reserve requirement in 14 CFR §91.151, sUAS 

flights would be limited to approximately 10 minutes in length. Given the 

limitations on the sUAS’s proposed flight area and the location of its proposed 

operations within a predetermined area, a longer time frame for flight in daylight 

or night VFR conditions is reasonable.

Petitioner believes that an exemption from 14 CFR §91.151(a) falls within the 

scope of prior exemptions. See Exemption 10673 (allowing Lockheed Martin 

Corporation to operate without compliance with FAR 91.151 (a)). Operating the 

small UAS, in a tightly controlled area where only people and property owners or 

official representatives who have signed waivers will be allowed, with less than 

30 minutes of reserve fuel, does not engender the type of risks that Section 

91.151(a) was intended to alleviate given the size and speed of the small UAS.

Additionally, limiting sUAS flights to 10 minutes would greatly reduce the utility for 

which the exemption will be granted.

Petitioner believes that an equivalent level of safety can be achieved by limiting 

flights to 40 minutes or 25% of battery power whichever happens first. This 

restriction would be more than adequate to return the sUAS to its planned 

landing zone from anywhere in its limited operating area.

Similar exemptions have been granted to other operations, including Exemptions 

2689F, 5745, 10673, and 10808.
14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and 

Registration

The regulation provides in pertinent part:

(a) Except as provided in § 91.715, no person may operate a civil aircraft unless 

it has within it the following:

(1) An appropriate and current airworthiness certificate. . . .

(b) No person may operate a civil aircraft unless the airworthiness certificate 

required by paragraph (a) of this section or a special flight authorization issued 

under §91.715 is displayed at the cabin or cockpit entrance so that it is legible to 

passengers or crew.

The sUAS fully loaded weighs no more than 55 lbs and is operated without an 

onboard pilot. As such, there is no ability or place to carry certification and 

registration documents or to display them on the sUAS.

An equivalent level of safety will be achieved by keeping these documents at the 

ground control point where the pilot flying the sUAS will have immediate access 

to them, to the extent they are applicable to the sUAS. The FAA has issued 

numerous exemptions to this regulation. A representative sample of other 

exceptions includes Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 

9816A, and 10700.

14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (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.

Given that these section and Part 43 apply only to aircraft with an airworthiness 

certificate, these sections will not apply to the applicant. Maintenance will be 

accomplished by the operator pursuant to the flight manual and operating 

handbook. An equivalent level of safety will be achieved because these small 

UASs are very limited in size and will carry a small payload and operate only in 

restricted areas for limited periods of time. If mechanical issues arise the sUAS

can land immediately and will be operating from no higher than 400 feet AGL. 

The operator will ensure that the sUAS is in working order prior to initiating flight, 

perform required maintenance, and keep a log of any maintenance performed. 

Moreover, the operator is the person most familiar with the aircraft and best 

suited to maintain the aircraft in an airworthy condition to provide the equivalent 

level of safety.
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:

Applicant seeks an exemption from the following rules:

14 C.F.R. §21, subpart H; 14 C.F.R 45.23(b);14 C.F.R. §§ 61.113( a) & (b);91.7

(a); 91.9 (b) (2);91.103(b);91.109; 91.119; 91.121; 91.151(a);91.203(a) and (b); 

91.405 (a); 91.407 (a) (1); 91.409 (a) (2); 91.409 (a) (2) and 91.417 (a) & (b) to 

operate commercially a small unmanned vehicle (55lbs or less) in commercial 

video and photography operations.

V. Privacy

All flights will occur over private or controlled access property with the property 

owner’s prior consent and knowledge. Filming of people who have also 

consented to being filmed or otherwise have agreed to be in the area where

filming will take place.

VI. Manuals

Please find attached manuals for the DJI Inspire 1.

VII. Public Interest

By their nature, flood control facilities present unique difficulties for persons 

attempting to inspect and maintain this vital piece of infrastructure. Sending 

personnel to inspect dam structures and high walled flood storage facilities puts 

personnel at risk. These risks can be avoided by using a small UAS under 

controlled conditions to photograph and document the state of the equipment. 

This helps to facilitate repairs and identify issues before they become problems. 

The public deserves to have the highest level of quality control as they rely 

heavily on these facilities for flood protection. Employing the UAS in this capacity 

will further help to insure their safety.

Furthermore given the clear direction in Section 333 of the Reform Act, the 

authority contained in the Federal Aviation Act, as amended; the strong 

equivalent level of safety surrounding the proposed operations, and the 

significant public benefit, including enhanced safety, reduction in environmental 

impacts, including reduced emissions associated with allowing sUASs for aerial 

inspections, surveying, photography and videography (aerial data collection), the 

grant of the requested exemptions is in the public interest. Accordingly, the 
petitioner respectfully requests that the FAA grant the requested exemption.

Conclusion

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, operation within visual line of sight, etc.... - provides more than adequate 

justification for the grant of the requested exemptions to permit Petitioner to 

operate the selected sUAS vehicles and provide aerial data collection and related 

activities on city owned infrastructure.

Granting the requested exemption will benefit the public interest as a whole in 

many ways, including improving safety and reducing risk by reducing human 

exposure to danger, improving the quality of services to our citizens and 

decreasing operating costs compared with conventional flight operations.

If you have any questions or require any additional information, please do not 

hesitate to call.

Please see URL for more details regarding the DJI Inspire 1 sUAS .

http://download.djiinnovations.com/downloads/inspire_1/en/Inspire_1_User_Man

ual_v1.0_en.pdf

Sincerely,

Joe Nathan

320 650-3381

City of Saint Cloud, Minnesota