1

June 7, 2016

Mr. James H. Williams

Manager

Unmanned Aircraft Systems Integration Office

AFS-80

800 Independence Ave., S.W.

Washington, D.C. 20591

Dear Mr. Williams:

Enclosed please find an exemption application filed on behalf of Northeast Iowa Community

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

Part 11 to allow commercial operations of unmanned aircraft for precision aerial survey. 

Should your staff or you have any questions, please contact the undersigned.

Very truly yours,

Tad Mueller

Enclosures
2

June 7, 2016

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

RE: Exemption Request Under Section 333 of the FAA Reform Act and Part 11 of the Federal 

Aviation Regulations

Ladies and Gentlemen:

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

and 14 C.F .R. Part 11, Northeast Iowa Community College. ("NICC”) operator of Small 

Unmanned Aircraft Systems ("UAS") requests an exemption from the Federal Aviation 

Regulations ("FARs") listed below and discussed in Appendix A.1 NICC seeks exemption from 

the specified FARs to allow its use of the DJI Phantom 3 Professional UAS in commercial 

operations, such as video films, still photography and observations, so long as such operations 

are conducted within and under the conditions outlined herein or as established by the FAA in an 

exemption granted under either Section 333 or Section 49 U.S.C. § 44701(f).2

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. Use of UAS will permit 

NICC to have access to aerial photos and videos to graphically show the results of ongoing 

agricultural research and demonstration projects on the college’s crop land and surrounding 

areas. This type of aerial imaging has been unavailable in the past, except through the use of cost 

prohibitive and less safe manned aircraft operations.

 

1 See Pub. Law 112-95, 126 Stat. 11, § 333 (2012); 14 C.F.R. Part 11 (2014).

2 NICC relies upon the following exemptions where specific reference to an exemption is not

provided: Exemptions 11062 through 11067, 11080, 11109 through 11112, 11114, 11136, and 

11138.
3

As discussed below, NICC's operations under the exemption will be subject to strict operating

requirements and conditions to ensure at least an equivalent level of safety to currently 

authorized operations using manned aircraft and under conditions as may be modified by the 

FAA as required by Section 333.

As also detailed below, NICC requests an exemption that would authorize commercial 

operations using the DJI Phantom 3 Professional UAS , which with a maximum take-off weight 

of less than 5 lbs. is small in size. The DJI Phantom 3 Professional UAS will be operated under 

controlled conditions at low altitude in a remote outdoor setting and in airspace that is limited in 

scope, as described more fully herein; it will have automated control features, as described 

herein. The DJI Phantom 3 Professional UAS also will be operated by an individual possessing 

a private pilot certificate.

Because this small UAS will be used in lieu of comparatively hazardous operations now 

conducted with fixed wing and rotary manned aircraft, NICC respectfully submits that the FAA 

can have confidence that the operations will achieve at least an equivalent level or greater level 

of safety. Approval of this exemption would thereby enhance safety and fulfill the Secretary of 

Transportation's (the FAA Administrator's) responsibilities under Section 333(c) of the Reform 

Act to "establish requirements for the safe operation of such aircraft systems in the national 

airspace system." 

The name and address of the operator are:

Northeast Iowa Community College

Attn: Tad Mueller

1527 Hwy 150, P.O. Box 400

Calmar, IA 52132

Ph: 563.534.9957 ext 111

Email: muellert@nicc.edu

The regulations from which the exemption is requested are as follows:

14 C.F.R. § 61.113(a) & (b);

14 C.F.R. § 61.133(a);

14 C.F.R. § 91.7(a);

14 C.F.R. § 91.119(c);

14 C.F.R. § 91.151(a);

14 C.F.R. § 91.405(a);

14 C.F.R. § 91.407(a)(1);
4

14 C.F.R. § 91.409(a)(2);

14 C.F.R. § 91.417(a) & (b)

Appendix A discusses each rule listed above and explains why exemptions pursuant to the 

proposal set forth in this letter are appropriate, provide an equivalent level of safety, and are in 

the public interest. Appendix B provides the requisite Federal Register summary. Appendix C 

specifies the operating limitations and conditions to which NICC agrees to be bound. 

SECTION 333'S LEGAL STANDARD

Grant of this exemption application for use of the DJI Phantom 3 Professional for purposes of 

obtaining and recording aerial imagery of agriculture research and demonstration projects will 

advance the Congressional mandate in Section 333 of the Reform Act to accelerate the 

introduction of UASs into the national airspace system ("NAS") if such integration can be 

accomplished safely. This statutory provision directs the Secretary of Transportation to consider 

whether certain UASs may operate safely in the NAS before completion of the rulemaking 

required under Section 332 of the Reform Act. In doing so, the Secretary is required to determine 

which types of UASs do not create a hazard to users of the NAS or the public or pose a threat to 

national security in light of the following:

• The UAS's size, weight, speed, and operational capability;

• Operation of the UAS in close proximity to airports and populated areas; and

• Operation of the UAS within visual line of sight of the operator.3

If the Secretary determines that such vehicles "may operate safely in the national airspace 

system, the Secretary shall establish requirements for the safe operation of such aircraft in the 

national airspace system." /d. § 333(c) (emphasis added).4

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This 

statutory authority, by its terms, includes exempting civil aircraft, as the term is defined under § 

40101 of the Act, from the requirement that all civil aircraft must have a current airworthiness 

certificate and those regulations requiring commercial pilots to operate aircraft in commercial 

service: 

 

3 Reform Act§ 333(a)(1).

4 Applicant submits that this provision places a duty on the Administrator to not only process applications for 

exemptions under Section 333, but for the Administrator, if he deems the conditions proposed herein require 

modification in order to allow approval, to supply conditions for the safe operation of the UAS. NICC requests the 

opportunity to consult with the FAA staff to address any issues or concerns that they believe may require such 

modification.
5

The Administrator may grant an exemption from a requirement of a regulation prescribed under 

subsection (a) or (b) of this section or any of sections 44702-44716 of this title if the 

Administrator finds the exemption is in the public interest.

49 U.S. C. § 44701(f). See also 49 U.S. C. § 44711(a); 49 U.S.C. § 44704; 14 C.F.R. 

§91.203(a)(1).

The grant of the requested exemption is in the public interest given the clear direction in Section 

333 of the Reform Act; the additional authority in the Federal Aviation Act, as amended; the 

strong equivalent level of safety surrounding the proposed operations; and the significant public 

benefit arising from the use of new technology to provide services that are not practical or safe to 

provide using traditional aircraft. Accordingly, the applicant respectfully requests that the FAA 

grant the requested exemption without delay.

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

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

characteristics and that operate with the limitations and conditions listed in Appendix C. 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 operations that would be conducted with conventional aircraft. These conditions are drawn 

from Exemptions 11062 through 11067, 11080, 11109, 11110, 11136, 11138, 11150, and 11153.

HOW GRANTING THE EXEMPTION WOULD BE IN THE PUBLIC INTEREST

Currently NICC has ongoing research and demonstration projects with the National Corn 

Growers Soil Health Partnership and with the National Resource and Conservation Service 

Winneshiek County Watershed Project. Both of this projects are designed to educate area 

producers on best practices that maintain long term productivity of cropland. Field days are held 

annually at NICC to promote these practices. The limitations of the field days is that the 

practices can only be observed at ground level and on the one static day. The use of a UAS 

would provide aerial imagery that would give a bird's eye view of the results and benefits of the 

practices. In addition, due to the low cost of using a UAS, imagery could be collected constantly 

during the year and over several years showing the progress that occurs.

As part the educational program at NICC students are involved in assisting with the collection of 

data for these projects during the spring and the fall. Students are off campus at internship sites 

during the summary and are not able to view the ongoing progress of the demonstrations. Using 

the UAS for imagery collection throughout the summer would allow us to post imagery on the 

web throughout the summer and utilize the imagery to enhance the instruction in our classes 
6

during the academic year. In addition during the fall data collection students could observe the 

use, following proper safety guidelines, of the UAS in collecting imagery.

Grant of this exemption for commercial aerial imaging operations will also enhance safety by 

reducing risk. Using rotor or fixed wing conventional aircraft for this purpose, as has historically 

been the standard method. Such aircraft must fly to and from the location where filming will take 

place. Use of a UAS weighing less than 10 lbs. and powered by batteries eliminates virtually all 

of the risk associated with use of conventional aircraft for this purpose, given that the UAS does 

not use flammable fuel and the much lower mass of the aircraft. In addition, the UAS avoids 

other risks associated with manned flight because it will carry no passengers or crew and is 

carried to the target area, rather than being flown to the site.

ADDITIONAL ISSUES

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

owner's prior consent and knowledge. Operations will be located in remote areas where the 

owners have agreed to allow NICC’s activities to take place. The NICC UAS Use Policy and 

Permission Acquisition form that will be used for operations have been included with this 

application.

National Security. Grant of this exemption will not raise any national security issues. Given the 

size, load carrying capacity, speed at which it operates, and the fact that it carries no explosives 

or other dangerous materials, the DJI Phantom 3 Professional poses no threat to national security

CONCLUSION

NICC seeks an exemption from the FARs set forth in Appendix A to operate commercially a 

small unmanned vehicle (55 lbs. or less). NICC seeks exemption from the specified FARs to 

allow its use of the DJI Phantom 3 Professional UAS in commercial operations for collecting of 

aerial imagery. Specifically to have access to aerial photos and videos to graphically show the 

results of ongoing agricultural research and demonstration projects on the college’s land and 

surrounding areas. Operations will be in accordance with the limitations and conditions set forth 

in Appendix C. 

Consequently, the operation of small UAS, weighing less than 55 lbs., conducted in the strict 

conditions outlined in Appendix C, will provide an equivalent level of safety supporting the 

grant of the exemptions requested herein. These lightweight aircraft operate at slow speeds, close 

to the ground, and in areas that are under the control of the operator. 

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 applicant's sUAS for the purposes 
7

outlined herein and are consistent with exemptions already granted, including Exemptions 11062 

through 11067, 11080, 11109 through 11112, 11114, 11136, 11138, 11150 and 11153.

Given that NICC is willing to abide by conditions the FAA has required in issuing recent Section 

333 exemptions, as set forth in Appendix C, the FAA has a strong basis for prompt consideration 

and grant of this request.

Please contact undersigned if you have any questions.

Tad A Mueller

Northeast Iowa Community College

1527 Hwy 150, P.O. Box 400

Calmar, IA 52132

Ph: 563.534.9957 ext 111

Email: muellert@nicc.edu