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UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVAIATION ADMINISTRATION

WASHINGTON, DC

Regulatory Docket No. ________________

IN THE MATTER OF THE PETITION FOR EXEMPTION OF:

NORTHEAST IOWA COMMUNITY COLLEGE, CALMAR, IOWA

SEEKING RELIEF FORM THE REQUIREMENTS OF

PART 21 AND SECTIONS 45.23(b), 91.9(b), 91.151(a)(1), 91.203(a) &(b), 91.405(a), 

91.407(a)(1), 91.409(a)(1) & (a)(2), 91.417(a) & (b) OF

TITLE 14 OF THE CODE OF FEDERAL REDULATIONS (14 CFR)

CONCERNING OPERATION OF DJI PHANTOM 3 UAS IN CLASS G AIRSPACE 

IN ACCORDANCE WITH SECTION 333 OF

FAA MODERNIZATION AND REFORM ACT OF 2012 (PUBLIC LAW 112-95)

Submitted on July 27, 2015

Tad A Mueller

Agriculture and GIS Instructor

Northeast Iowa Community College
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TABLE OF CONTENTS

Page 

GLOSSARY OF ABBREVATIONS.........................................................................3

SUMMARY.....................................................................................................4

INTRODUCTIONS AND INTERESTS OF THE PETITIONER........................................4

BACKGROUND................................................................................................5

BASIS FOR PETITION........................................................................................5

A. Name And Address of Petitioner..................................................................5

B. The Specific Sections of 14 CFR From Which NICC Seeks Exemption..................6

C. The Extent Of Relief NICC Seeks And The Reason NICC Seeks The Relief............7

D. The Reasons Why Granting NICC’s Request Would Be In The Public Interest.........8

E. The Reasons Why Granting The Exemption Would Not Adversely Affect Safety......9

F. A Summary That Can Be Published in The Federal Register.............................13

G. Any Additional Information, Views, Or Arguments Available To Support NICC’s

Request......................................................................................................14

CONCLUSION..............................................................................................15

Attachment 1 Phantom Professional User Manual

Attachment 2 UAV Flight Operations Plan
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GLOSSARY OF ABBREVIATIONS

AGL above ground level

AV aerial vehicle

CFR Code of Federal Regulations

EPA Environmental Protection Agency

FAA Federal Aviation Administration

FAR Federal Aviation Regulation

FMRA FAA Modernization and Reform Act of 2012 (P. L. 112-95)

GCS Ground control station

NAS National Airspace System

NICC Northeast Iowa Community College

PIC Pilot In Command

Section 333 FMRA Section 333

UA unmanned aircraft

UAS unmanned aircraft system

VFR visual flight rules

VLOS visual line of sight

VMC visual meteorological conditions

VO visual observer
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SUMMARY

NORTHEAST IOWA COMMUNITY COLLEGE COMMUNITY COLLEGE seeks exemption from the 

requirements of Part 21 and Sections 45.23(b), 91.9(b), 91.203(a) & (b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & 

(a)(2), 91.417(a) & (b), and 21.185 of Title 14 CFR to operate an unmanned aircraft system (UAS) in accordance 

with Section 333 of the FAA Modernization and Reform Act of 2012. This exemption will permit NORTHEAST 

IOWA COMMUNITY COLLEGE COMMUNITY COLLEGE to operate a UAS for the purpose of educational 

research and training.

INTRODUCTION AND INTERESTS OF THE PETITIONER

NORTHEAST IOWA COMMUNITY COLLEGE COMMUNITY COLLEGE (hereinafter referred to as 

“NICC”) is a public community college located in Calmar, Iowa. NICC’s mission is to offer transfer and technical 

associate degree programs, certificate programs, and continue education opportunities through a system of diverse 

resources and delivery alternatives accessible to the citizens of Northeast Iowa and the larger learning community. 

NICC also prepares today’s workforce to meet the needs of a rapidly changing, technologically advanced global 

economy through traditional and nontraditional alternatives.

NICC’s is focused on providing practical, real-world applications of technologies through classroom 

instruction, cutting-edge simulation training and hands-on vehicle operations. To that end, NICC intends to use 

unmanned aircraft (UA) for educational research, training, and data collections on UAS operational concepts and 

safety.

NICC seeks to operate its DJI Phantom 3 UAS over NICC property and nearby land with permission. The 

areas of operation is Class G airspace. NICC is located in a mostly agricultural area away from dense population 

centers. The primary UAS fight area will remain over agricultural land owned by NICC. Specifically, the DJI 

Phantom 3 UAS will be used as an educational research platform, to provide UAS training services to students and 

business professionals.

BACKGROUND
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Unmanned Aircraft System DJI Phantom 3 UAS

NICC seeks an exemption to operate the DJI Phantom 3 UAS for compensation or hire within the National 

Airspace System (NAS). The DJI Phantom 3 UAS is comprised of a UA and a transportable ground control station 

(GCS). The DJI Phantom 3 UA is a quadcopter that has a maximum gross weight of approximately 1280 grams, (3

pounds), a diagonal size (including propellers) of 590 mm. It is equipped with a four propellers driven by a lithium 

Polymer battery powered electric motors.

BASIS FOR PETITION

Petitioner, NORTHEAST IOWA COMMUNITY COLLEGE, in accordance with the provisions of the 

Federal Aviation Regulations (14 CFR Section 11.61) and the FAA Modernization and Reform Act of 2012, Section 

333, Special Rules for Certain Unmanned Aircraft Systems, hereby petitions the Administrator to operate the DJI 

Phantom 3 UAS in the NAS, and for exemption from requirements of 14 CFR Part 21 and Sections 45.23(b), 91.9 

(b), 91.151 (a)(1), 91.203(a) &(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), 91.417(a) & (b).

In consideration of this DJI Phantom 3 UAS size, weight, and limited operating area, NICC’s operation of 

DJI Phantom 3 UAS does not require an airworthiness certificate in accordance with 14 CFR Part 21, Subpart H. 

Therefore NICC requests relief from Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), 91.417(a) & (b), as 

these sections forth requirements for aircraft with an airworthiness certificate.

NICC submits that the requested relief is proper since an equivalent level of safety will be ensured. NICC, 

as the operator of the DJI Phantom 3 UAS, will use trained technicians to perform maintenance, alterations, or 

preventive maintenance on the UAS using the methods, techniques, and practices prescribed in the manufacture’s 

maintenance manual. Furthermore, NICC will document and maintain records for the DJI Phantom 3 UAS.

NICC also seeks am exemption from requirements of Section 91.15(a)(1), Fuel requirements for flight in 

VFR conditions. NICC submits that safety will not be affected by terminating flights of the battery powered DJI 

Phantom 3 UA after 30 minutes of continuous operation or with 20% remaining battery power, whichever occurs 

first.

In accordance with 14 CFR Section 11.81, NICC provides the information in support of its petition for 

exemption:

A. Name And Address of the Petitioner 

The name and address of the petitioner is:

Northeast Iowa Community College

Calmar Campus

1527 Hwy 150

Calmar, IA 52132

The point of contact for this Petition and specific contact information is as follows:

Tad Mueller

Agriculture Instructor

Northeast Iowa Community College

Phone 563-534-9957 ext 111
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B. The Specific Sections of 14 CFR Which NICC Seeks Exemption.

1. NICC Seeks Exemptions From The Requirements Of Sections 91.151(a)(1).

Section 91.151, entitled Fuel requirements for flight VFR conditions, subsection (a)(1), states the following:

(a) No persons may begin 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[.]

2. NICC Seeks Exemptions From The Requirements Of Sections 91.405(a).

Section 91.405, entitled Maintenance required, subsection(a), states the following:

Each owner or operator of an aircraft—

(a) 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[.]

3. NICC Seeks Exemptions From The Requirements Of Sections 91.407(a)(1).

Section 91.407, entitled Operation after maintenance, preventive maintenance, rebuilding, or alteration, 

subsection(a)(1), states the following:

(a) No person may operate any aircraft that has undergone maintenance, preventive maintenance, 

rebuilding, or alteration unless—

(1) It has been approved for return to service by a person authorized under Section 4307 of this chapter[.]

4. NICC Seeks Exemptions From The Requirements Of Sections 91.409(a)(1) and 91.409(a)(2).

Section 91.409, entitled Inspections, subsection (a), states the following:

(a) Except as provided in paragraph (c) of this section, no person may operate an aircraft unless, within 

the preceding 12 calendar months, it has had—

(1) An annual inspection in accordance with part 43 of this chapter and has been approved for return to 

service by a person authorized by Section 43.7 of this chapter;

or 

(2) An inspection for the issuance of an airworthiness certificate in accordance with part 21 of this 

chapter.

5. NICC Seeks Exemptions From The Requirements Of Sections 91.417(a) and 91.417(b).

Section 91.417, entitled Maintenance records, subsections (a) and (b), state the following:

(a) Except for work performed in accordance with Sections 91.411 and 91.413, each registered owner or 

operator shall keep the following records for the periods specified in paragraph

(b) of this section:

(1) Records of this maintenance, preventive maintenance, and alteration and records of the 100-hour

annual, progressive, and other required or approved inspections, as appropriate, for each aircraft 

(including the airframe) and each engine, propeller, rotor, and appliance of an aircraft. 

The records must include—
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(i) A description (or reference to data acceptable to the Administrator) of the work performed; and

(ii) The date of completion of work performed; and

(iii) The signature and certificate number of the person approving the aircraft for return service.

(2) Records containing the following information:

(i) The total time in service of the airframe, each engine, each propeller, and each rotor.

(ii) The current status of life-limited parts of each engine, each propeller, and each rotor, and 

appliance.

(iii) The time since last overhauled of all items installed on the aircraft which are required to be 

overhauled on a specified time basis.

(iv) The current inspection status of the aircraft, including the time since the last inspection required 

by the inspection program under which the aircraft and its appliances are maintained.

(v) The current status of applicable airworthiness directives (AD) and safety directives including, for 

each, the method of compliance, the AD or safety directive number and revision date. If the AD or 

safety directive involves recurring action the time and date when the next action is required.

(vi) Copies of the forms prescribed by Section 43.9(d) of this chapter for each major alteration to the 

airframe and currently installed engines, rotors, propellers, and appliances.

(b) The owner or operator shall retain the following records for the periods prescribed:

(1) The records specified in paragraph (a)(1) of this section shall be retained until the work is 

repeated or superseded by other work or for 1 year after the work is performed..

(2) The records specified in paragraph (a)(2) of this section shall be retained and transferred with the 

aircraft at the time the aircraft is sold.

(3) A list of defects furnished to a registered owner or operator under Section 43.11 of this chapter 

shall be retained until defects are repaired and the aircraft is approved to return to service.

C. The Extent Of Relief NICC Seeks And The Reason NICC Seeks The Relief.

1. Extent Of Relief NICC Seeks And The Reason NICC Seeks Relief From Section 91.151(a)(1).

Relief from Section 91.151(a)(1) is requested to allow flights of the battery powered DJI Phantom 3 UA 

during daylight hours under visual flight rules (VFR) in visual meteorological conditions (VMC) to continue for a 

duration of 30 minutes, or until 20% battery power is remaining (whichever occurs first). NICC seeks the requested 

relief because without an exemption from Section 911.51(a)(1), the flight time duration of the battery powered DJI 

Phantom 3 UA will constrain the practicality of any educational research and training operations that NICC

proposed to conduct as requested in the petition.

Significantly, the technical specifications of the DJI Phantom 3 UAS, the Operations Manual, and NICC’s 

proposed operating limitations ensure that NICC will safely operate the battery powered DJI Phantom 3 UA during 

daylight hours under day VFR in VMC for a duration of 30 minutes, or until 20% battery power is remaining, 

whichever occurs first.

2. Extent of Relief NICC Seeks and The Reason NICC Seeks Relief From Sections 

45.23(b), 91.9(b), 91.203(a) & (b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), 91.417(a) & (b).

Since Sections 45.23(b), 91.9(b), 91.203(a) & (b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), 91.417(a) 

& (b) only apply to aircraft with an airworthiness certificate, NICC requests relief from these Sections because the 

DJI Phantom 3 does not require an airworthiness certificate. The DJI Phantom 3 UAS the conditions of Section 333 

for operation without an airworthiness certificate. Accordingly, NICC will use its trained technicians to perform 

maintenance, alterations, or preventive maintenance on the UAS using methods, techniques, and practices prescribed 

in the manufacturer’s manual. Furthermore, NICC will document and maintain all maintenance records for the DJI 
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Phantom 3 UAS. Since we are requesting relief from these Section 91.203 (a) and (b), 45.23 (b), 21.185 and 91.9(b) 

also would not apply.

D. The Reasons Why Granting NICC’s Request Would Be In The Public Interest. That Is, How It Would 

Benefit The Public As a Whole.

Granting NICC’s request for a waiver will further the public interest by allowing NICC to safely, and 

economically perform UAS educational research and training. Additionally, use of the DJI Phantom 3 UAS will 

provide significant benefits to the economy by allowing training opportunities and further collection of safety data.

Additionally, the benefits of the proposed operation of the DJI Phantom 3 UAS will realized without implicating any 

privacy issues.

1. The Public Will Benefit From Increased UAS Training Within The NAS.

NICC submits this Petition to preform UAS educational research and training. NICC has an enrollment of 

5000 students. The college has two main campus, one located at Calmar, IA and the second campus located at 

Peosta, IA. In 2011 Northeast Iowa Community College was recognized as one of the top ten community 

colleges in the country by the Aspen Institute’s Prize for Community College Excellence. NICC is a member of 

the board of the League for Innovation in the Community College. Part of NICC’s innovative approach is 

promoting education in the newest technologies.

2. The Public Will Benefit From Increased UAS Training Within The NAS.

The mission of NICC is the training of a viable workforce for the community with the skills necessary for 

future achievement. NICC will provides practical world applications of UAS technologies through classroom 

instruction, cutting-edge simulation training and hands-on vehicle operations.

By operating the DJI Phantom 3 UAS, NICC will be able to perform safe, efficient, and economical aerial 

educational operations that will directly benefit the public. Specifically, the DJI Phantom 3 UAS will be used to 

further the training in the proper use of UAVs in commercial applications, including safety, privacy, and legal 

issues.

3. Performing Educational Research and Training With The DJI Phantom 3 UAS Will Benefit The Economy.

In addition to being safe and efficient, the DJI Phantom 3 UAS is also an economical alternative to using 

manned aircraft to conduct aerial education research and training. As such, operation of the DJI Phantom 3

will allow United States based companies to remain competitive and contribute to the growth of the U. S. 

economy. Educational institutions, like NICC, will benefit by remaining relevant and on the leading edge 

of technology advances in UAS, as UAS systems become more prevalent in commercial applications, 

taking the place of many, previously manned flight applications due to raising costs. Specifically, within 

the high cost of aviation fuel and the Environmental Protection Agency (EPA) regulatory actions phasing 

out leaded fuels, U.S. owned and operated companies must adopt new and alterative technology in order to 

remain competitive. Operating the battery powered DJI Phantom 3 UAS is one such technology that not 

only allows companies greater operational flexibility without the high operational cost of a traditional 

manned aircraft.

The main audience for the training will be agriculture students and professionals. Corn, soybean 

and wheat farmers could save an estimated $1.3 billion annually by using drones to increase crop yields 

and reduce input costs, according to a study released conducted by Informa Economics and Measure, a 

drone service provider company. The Association for Unmanned Vehicle Systems International, the trade 

group that represents producers and users of drones and other robotic equipment, predicts that 80 percent of 

the commercial market for drones will eventually be for agricultural uses. Farmers with operations 

spanning hundreds or thousands of acres could use drones to find and possibly treat a disease before it 

spreads, or tailor the amount of pesticides, water, fertilizer and other applications they use, based on a 
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specific point in a field, to reduce costs and boost production. Livestock producers could monitor cattle and 

other livestock

 By operating the DJI Phantom 3 UAS companies can remain competitive and profitable, and therefore 

provide greater job stability to employees and contractors, which will ultimately contribute to growth of the 

U.S. economy. Improved financial performance of U.S. companies, through commercial use of the DJI 

Phantom 3, provides a stable workforce that increases consumer spending; improves local, state, and 

federal tax revenues; and allows companies to invest in research and development in order to remain 

competitive both in the United Stated and abroad.

In order for these companies to employ competent personnel safely, these employees and contractors must 

receive training.

4. There Are No Privacy Issues

Like the manned aerial flight operations that have been conducted for decades, the proposed operation of 

the DJI Phantom 3 UAS will not implicate any privacy issues. Specifically, the DJI Phantom 3 will be 

operated in accordance with all Federal Aviation Regulations, including the minimum altitude requirements 

of 14 CFR Section 91.119.

Operation of the DJI Phantom 3 UAS unmanned aircraft system (UAS) in Class G airspace will occur at or 

below 400 feet above ground level. See Attachment 2.

E. The Reasons Why Granting The Exemption Would Not Adversely Affect Safety Or How The Exemption 

Would Provide A Level Of Safety At Least Equal To That Provided By The Rule From Which NICC Seeks 

Exemption.

1. Reasons Why The DJI Phantom 3 UAS Meets The Conditions Of The FAA Modernization and Reform 

Act of 2012 (FMRA) Section 333.

Inconsideration of the size, weight, speed, and limited operating area associated with the UA and its 

operation, NICC’s operation of the DJI Phantom 3 UAS meets the conditions of FMRA Section 333, and 

will not require an airworthiness certificate in accordance with 14 CFR Part 21, Subpart H.

Section 333 provides authority for UAS to operate without airworthiness certification and sets forth 

requirements for considering whether a UAS will create a hazard to users of the NAS or public, or 

otherwise pose a threat to national security. Specifically, FMRA Section 333 states the following in part:

(a) In General—Notwithstanding any other requirements of this subtitle and not later than 180 days after 

the date of enactment of this Act, the Secretary of Transportation shall determine if certain unmanned 

aircraft systems may operate safely in the national airspace before completion of the plan and 

rulemaking required by Section 333 of this Act or guidance required by Section 334 of this Act.

(b) Assessment Of Unmanned Aircraft Systems—In making the determination under subsection (a), the 

Secretary shall determine, at a minimum—

(1) which types of unmanned aircraft systems, if any, as a result of their size, weight, speed, operational 

capability, proximity to airports and populated areas, and operation within visual line of sight do not 

create a hazard to users of the national airspace system or public or pose a threat to national security; 

and

(2) whether certificate of waiver, certificate of authorization, or airworthiness certificate under Section 

44704 of Title 49, United States Codes, is required for the operation of unmanned aircraft systems 

identified under paragraph (1).
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(c) Requirements for Safe Operation—If the Secretary determines under this section that certain 

unmanned aircraft systems may operate safely in national airspace system, the Secretary shall 

establish requirements for the safe operation of such aircraft systems in the national airspace system.

In seeking this exemption, NICC submits that the DJI Phantom 3 UAS can operate safely in the NAS 

in accordance with FMRA Section 333, as demonstrated by: (a) the safe operational history and current 

use of the DJI Phantom 3 UAS in the NAS; (b) the inherent characteristics of the DJI Phantom 3 UAS; 

(c) the limited area of NICC’s intended operation; (d) the Private Pilot certification requirements for 

the PIC; and, (e) the specific operating limitations.

A complete description of the autonomous modes and methods of navigation for the DJI Phantom 3

UAS is provided in the DJI Phantom 3 UAS Operator Manual, containing proprietary information, is 

in Attachment 1 and is to be held in a separate file pursuant to 14 CFR Section 11.35(b).

iii. The DJI Phantom 3 UAS Is Designed For Complete Autonomy From Launch To Landing 

Even In The Unlikely Event Of Loss Of The Control Link Or Navigation.

Although a degradation or loss of the control link and/or degradation or loss of the source of 

navigation, is unlikely, it is a situation that well planned for and therefore, is a benign event. The DJI 

Phantom 3 UA is designed for complete autonomy from launch to landing with a line of sight operator 

in the loop monitoring the airframe.

The DJI Phantom 3 UA remembers the exact spot that it took off from. Wherever aircraft is flying you 

can tap a button to have it return right back home. If the Intelligent Flight Battery is running low, or if 

the Phantom 3 loses the connection with the remote controller for any reason, the aircraft will 

automatically return to the takeoff point and land safely. The Phantom 3 automatically logs and 

remembers the details of every flight. Complete flight route, flight time, flight distance, flight location, 

and cached versions of any photos and videos taken during the flight. At the same time, an advanced 

flight recorder constantly records data from all of the Phantom 3’s internal mechanisms, which can be 

easily shared with the DJI support with any questions or issues

iv. The DJI Phantom 3 Ground Control Station (GCS) and its Operation.

The DJI Phantom 3 Remote Controller has sensitive control sticks, dedicated buttons, and an over 1.2 

mile (2km)* range.

With Integrated DJI Lightbridge it enables incredibly long range and live HD video stream from the 

camera. DJI Lightbridge is built into both the remote and the Phantom 3 itself. These two parts work in 

tandem to ensure a continuous link between the operator and the Phantom 3. Powerful communication 

signals slice through most environmental interference, giving precise, full control and information 

from the aircraft at amazing distances.

A complete description of the operation and specifications of the GCS and flight control software for 

the DJI Phantom 3 UAS is provided in the DJI Phantom 3 UAS Operators Manual. A copy of the Nova 

F5600 UAS Operator Manual, containing propriety information, is in Attachment 1 and is to be held in 

a separate file pursuant to 14 CFR Section11.35(b).
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c. Fight Operations Of The DJI Phantom 3 UAS Are Conducted Within Visual Line Of 

Sight (VLOS) Of A Certificated Private Pilot PIC With A Visual Observer (VO).

NICC will only utilize certificated Private Pilots who possess a valid Airman Medical Certificate 

to act as PIC of the DJI Phantom 3 UAS. Additionally, a visual observer (VO) will assist all pilots. 

Both PIC and VO must complete the training in the Phantom Vision Plus Training Guide and meet the 

experience requirements as set forth in the Operations Manual. Furthermore, all flight operations will 

be conducted in accordance with 14 CFR Section 91.119, Minimum safe altitudes: General.

d. Flight Will Be Conducted Under Specific Operating Limitations.

In seeking this exemption, NICC proposes to commercially operate the DJI Phantom 3 for the 

special purpose of educational research and training:

1. Flight operations are in the defined areas over NICC Class G airspace and surrounding Class G 

airspace (Attachment2).

2. The DJI Phantom 3 UA will be operated at or below 400 ft AGL, except as necessary to comply 

with the requirements of 14 Section 91.119.

3. The DJI Phantom 3 UA will be operated within one mile, and within VLOS, of the PIC and VO.

4. The DJI Phantom 3 UA will be operated under day VFR in VMC. The DJI Phantom 3 will be 

operated only during daylight hours (i.e. between the end of morning civil twilight and the 

beginning of evening civil twilight, as published in the American Air Almanac, converted to local 

time).

5. Flights of the DJI Phantom 3 UA will continue for a total duration of 30 minutes, or until 20% 

battery power is remaining, whichever occurs first.

6. The DJI Phantom 3 UA will operate from on-site takeoff/landing location(s) directly next to the 

PIC and co-located VO.

7. Private pilot certificated airman, who have completed training, checking, currency, will conduct 

operations and regency of experience requirements as approved by the FAA Administrator.

8. Operation of the DJI Phantom 3 UAS with any inoperative instruments or equipment shall be 

prohibited.

9. The DJI Phantom 3 UAS will be maintained in accordance with the manufacturer’s Maintenance 

Manual.

10. The DJI Phantom 3 UAS will operated pursuant to 14 CFR Part 91, General Operating and Flight 

Rules.

11. For any flight operations, NICC will coordinate with the appropriate authority and ensure that the 

property owners have at least twelve (12) hours of advanced notice prior to the proposed flight 

operations. Coordination shall include anticipated periods of operation, purpose of flights, and 

contact information for the PIC should question or issues arise.

2. Reasons Why An Exemption From The Requirements Of Section 91.151(a)(1) Would Not Adversely 

Affect Safety.
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A grant of this exemption would ensure the level of safety established by 14 CFR Section 91.151(a)(1) 

because the technical specifications of the DJI Phantom 3 UAS, the Operations Manual, and NICC’s proposed 

operating limitations ensure that NICC may safely operate the battery powered DJI Phantom 3 UA under day VFR 

in VMC for a total duration of 30 minutes, or until 20% battery power is remaining, whichever comes first. 

Furthermore, previous exemptions granted by the FFA concerning Section 91.151(a)(1) establish that safety is not 

adversely affected when technical characteristics and operating limitations of a UAS are considered.

The DJI Phantom 3 is powered by a 5200 mAh, 11.1 V lithium-polymer battery, and is protected by low

battery failsafe, while the GCS provides a battery indicator on the heads-up display, which indicates the remaining 

battery power of the DJI Phantom 3 UA, providing the PIC with constant awareness of the real-time battery voltage 

during a flight. The “Low AV battery” failsafe flies the UA to the location of the GCS, or identified Rally point.

Furthermore, an exemption from the requirements of Section 91.151(a)(1) would not adversely affect safety 

because NICC will only conduct flights under day VFR in VMC, with the duration of each flight not to exceed 30 

minutes, or until 20% battery power is remaining. A copy of the Operations Manual, contains proprietary 

information and is to be held in a separate file pursuant to 14 CFR Section 11.35(b).

Likewise, as set forth above, NICC has proposed specific operating limitations in this Petition that will 

maintain the level of safety established by Section 91.151(a)(1), including the following: (1) the DJI Phantom 3 UA 

will only be operated during daylight hours (i.e. between the end of morning civil twilight and the beginning of 

evening civil twilight, as published in the American Air Almanac, converted to local time); (2) DJI Phantom 3 UA 

will only be operated pursuant to day VFR in VMC; and (3) the duration of each flight shall not exceed 30 minutes 

or 20% of battery life remaining, whichever occurs first.

Significantly, previous exemptions granted by FFA concerning Section 91.151(a)(1) establish that safety is 

not adversely affected when technical characteristics and operating limitations of the UAS, are considered. Relief 

had been for manned aircraft to operate at less than minimums prescribed in Section 91.151(a), including 

Exemptions Nos. 2689, 5745, and 10650. Moreover, the FFA has previously granted relief from Section 

91.151(a)(1), specific to UAS, in circumstances similar to those presented here (e.g. Exemption Nos. 8811, 10808, 

10673, 11042, 11062, 11064, 11065, 11066, 11067, 11080).

3. Reasons Why An Exemption From The Requirements Of Sections

91.151(a)(1), 91.405(a), 91.409(a)(1) & (a)(2), and 91.417(a) &(b)

Would Not Adversely Affect Safety.

In seeking this exemption, NICC submits that the level of safety with regard to the regulatory maintenance 

and alteration requirements established by Sections 91.151(a)(1), 91.405(a), 91.409(a)(1) & (a)(2), and 91.417(a) 

&(b) will be met because NICC, as operator of the DJI Phantom 3 UAS, will use its trained technicians to perform 

maintenance, alterations, or preventive maintenance on the UAS using methods, techniques, and practices prescribed 

in the manufacturer’s maintenance manual. Furthermore, NICC will document and maintain all maintenance records 

for the DJI Phantom 3. 

Since the DJI Phantom 3 will be inspected as prescribed by the manufacturer’s maintenance manual, NICC

will maintain the level of safety established by Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2). Inspection 

intervals for the DJI Phantom 3 include preflight and post flight inspections.

Likewise, the exemption sought will not adversely affect safety because NICC will perform maintenance, 

alterations or preventive maintenance on the UAS using methods, techniques, and practices prescribed by the 

manufacturer’s manual.

Furthermore, the exemption sought would maintain the level of safety established by Section 91.407, 

91.417(a) and 91.417(b) because all maintenance of the DJI Phantom 3 UAS will be performed by trained 

technicians, who will document and maintain maintenance records for the DJI Phantom 3 UAS. A Maintenance 
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Action Form must be completed and saved in the maintenance logs for all maintenance that is performed on the 

UAS.

Significantly, previous exemptions granted by the FFA concerning Sections 91.405(a), 91.407(a)(1), 

91.409(a)(1) & (a)(2), 91.417(a) & (b) establish that safety is not adversely affected when the technical 

characteristics and operating limitations of a UAS are considered.

4. The FAA May Prescribe Any Other Conditions For Safe Operation.

In accordance with FMRA Section 333 and 14 CFR Section 21.16 entitled Conditions, NICC requests that 

the FFA prescribe special conditions for the intended operation of the DJI Phantom 3 UAS, which contains such 

safety standards that the Administrator finds necessary to establish a level of safety equivalent to that establish by 14 

CFR Part 21, Subpart H, and 14 CFR Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), 91.417(a) & (b). Such 

special conditions will permit safe operations of the UA for the limited purpose of educational research and training. 

FMRA Section 333 sets forth the requirements for considering whether a UAS will create a hazard to users of the 

NAS or the public, or otherwise pose a threat to national security; and further, provides the authority for such UAS 

to operate without airworthiness certification in accordance with any requirements that must be established for safe 

operation of the aircraft systems in the NAS.

Likewise, the Administrator may prescribe special conditions pursuant to 14 CFR Section 21.16, for 

operation of the DJI Phantom 3 UAS, since the airworthiness regulations of 14 CFR Part 21 do not contain adequate 

or appropriate safety standards, due to the novel or unusual design of the aircraft. Section 21.16, entitled Special 

Conditions, state the following:

If the FAA finds that the airworthiness regulations of the subchapter do not contain adequate or 

appropriate safety standards for an aircraft, aircraft engine, or propeller because of a novel or unusual

design feature of the aircraft, aircraft engine, or propeller, he prescribes special conditions and 

amendments thereto for the product. The special conditions are issued in accordance with part 11 of this 

chapter and contain such safety standards for the aircraft, aircraft engine, or propeller as the FAA finds 

necessary to establish a level of safety equivalent to that established in the regulations.

See 14 CFR Section 21.16

Therefore, in accordance with FMRA Section 333 and 14 CFR 21.16, the FAA may prescribe special 

conditions for NICC’s intended operation of the DJI Phantom 3 UAS, which contains such safety standards that the 

Administrator finds necessary to establish a level of safety equivalent to that established by 14 CFR Part 21, Subpart

H.

F. A Summary That Can Be Published In The Federal Register

stating:

The Rules From Which NICC Seeks Exemption:

NICC COMMUNITY COLLEGE seeks exemption from the requirements of Part 21 and Sections 45.23(b), 

91.9(b), 91.203(a) & (b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), 91.417(a) & (b), of Title 14 CFR.

A Brief Description Of The Nature Of The Exemption NICC Seeks:

This exemption will permit NORTHEAST IOWA COMMUNITY COLLEGE to operate an 

unmanned aircraft system (UAS) for educational research and training, while keeping the 

documents required by the regulations at the ground control station and immediately accessible to 

the pilot in command. Furthermore, the exemption will relieve Northeast Iowa Community 

College from the airworthiness certificate standards and requirement to have a certificate of 

airworthiness for its UAS.

G. Any Additional Information, Views, or Arguments Available To Support NICC’s Request.
14

This Petition is made pursuant to FMRA Section 333, which directs the Secretary of Transportation to 

determine if certain UAS may operate safely in the NAS. As such, NICC’s request for exemption may be granted 

pursuant to the authority of FMRA Section 333 and 14 CFR Part11, as set forth above.

FMRA Section 333 sets forth the requirements for considering whether a UAS will create a hazard to users 

if the NAS or the public, or otherwise pose a threat to national security; and further, provides the authority for such 

UAS to operate without airworthiness certification.

As discussed in detail above, the DJI Phantom UAS has a strong record of being operated in the NAS 

without creating a hazard to users of the NAS or the public, or otherwise posing a threat to national security. 

Following procedures outlined in this request, NICC will continue to safety operate the DJI Phantom 3 UAS in the 

NAS. 
15

CONCLUSION

As requested, NICC seeks an exemption in accordance with 14 CFR Section 11.61 and FMRA Section 333, 

which will permit safe commercial operations of the DJI Phantom 3 UAS, without an airworthiness certificate, for 

the limited purpose of conducting educational research and training. By granting this Petition, the FFA 

Administrator will be fulfilling the Congressional mandate of P.L. 112-95, while also advancing the interests of the 

public by allowing NICC to safely, efficiently and economically operate the DJI Phantom 3 UAS commercially 

within the NAS.

Therefore, in accordance with the Federal Aviation Regulations and the FAA Modernization and Reform 

Act of 2012 Section 333, NICC respectfully requests that the FAA Administrator grant this Petition for an 

exemption from requirements of Part 21 and Sections 45.23(b), 91.9(b), 91.203(a) & (b), 91.405(a), 91.407(a)(1), 

91.409(a)(1) & (a)(2), 91.417(a) & (b), of Title 14 CFR, and permit NICC to operate the DJI Phantom 3 UAS for 

the purpose of educational research and training.

Dated:

Respectfully submitted

Tad A. Mueller

Agriculture and GIS Instructor

Northeast Iowa Community College