DU PAGE COUNTY 

STORMWATER MANAGEMENT 

 Daniel J. Cronin, County Board Chairman 

STORMWATER MANAGEMENT  STORMWATER REGULATORY SERVICES  NATURAL RESOURCE PROTECTION 

REGIONAL FLOOD CONTROL OPERATIONS 

 421 N. County Farm Road (630) 407-6700 Phone 

 Wheaton, IL 60187 (630) 407-6701 Fax 

 www.dupageco.org/swm

U.S. Department of Transportation March 27, 2015 

Docket Operations 

1200 New Jersey Ave., SE 

Washington, DC 20590 

Re: Petition of DuPage County Stormwater Management for Exemption Pursuant to 

Section 333 of the FAA Modernization and Reform Act of 2012 

To Whom It May Concern: 

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

and 14 C.F.R. Part 11, DuPage County Stormwater Management hereby applies for an 

exemption from Federal Aviation Regulations identified below. 

This exemption is in accordance with protocols outlined in this petition for exemption, 

the enclosed UAS manufacturer's operations and/or instructions manual and any other

requirements established by the FAA pursuant to Section 333 of the FRMA 
Page 2 

For your convenience, the petition is organized as follows: 

I. Petitioner's Description

II. Relevant Statutory Authority

III. Qualifications for Approval Under Section 333 of the Reform Act

IV. Description of Proposed Operations

V. Regulations From Which Exemption is Requested

A. 14 C.F.R. Part 21, Subpart H – Airworthiness Certificates and 14

C.F.R. § 91.203

B. 14 C.F.R. Part 27 Airworthiness Standards: Normal Category

Rotorcraft

C. 14 C.F.R. § § 91.9(c), 45.23(b) and 45.27(a): Aircraft Marking and

Identification Requirements

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

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

F. 14 C.F.R. § 91.103: Preflight Action

G. 14 C.F.R. § 91.109(a): Flight Instruction

H. 14 C.F.R. § 91.119: Minimum Safe Altitudes

I. 14 C.F.R. § 91.121: Altimeter Settings

J. 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR

Conditions

K. 14 C.F.R. § 91.203(a) and (b): Carrying Civil Aircraft Certification and

Registration

L. 14 C.F.R. § 91.405(a), 91.407(a)(1), 91.409(a)(2); 91.417(a) and (b):

Maintenance Inspections

VI. Public Interest

VII. Privacy

VIII. Federal Registry Summary

IX. Conclusion
Page 3 

I. Petitioner's Description

DuPage County Stormwater Management was established in 1989 in recognition of the critical 

need to limit the reoccurrence of extensive flood damage to various communities within the County. 

The County owns and operates several flood control facilities that help to provide this essential flood 

relief. One of these facilities includes the Elmhurst Quarry Flood Control Facility. This 8,300 acrefoot facility (containing two lobes at a depth of 200’) has the capacity to hold 8.7 billion gallons of 

flood water that would otherwise inundate several communities along Salt Creek. Other major 

facilities include the Fawell Dam on the West Branch of the DuPage River, and the Wood Dale/Itasca 

Reservoir. Because the operation of these various facilities is so critical, exhaustive maintenance and 

quality control inspection is one of our top priorities. 

There is an inherent danger when working in the waterways, around large scale hydraulic 

structures, and near the high walls of a stone quarry. Our emphasis on maintenance inspections and 

efficient operation analysis has led us to explore better ways to perform these critical tasks. The safety 

of our communities and of our inspection team is paramount. We have an obligation to identify and 

control potentially dangerous situations through early intervention in the safest and most efficient 

manner possible.

John Blickem 

DuPage County 

Stormwater Management 

421 N County Farm Rd 

Wheaton, IL 60187 

630-407-6721 

john.blickem@dupageco.org
Page 4 

II. Relevant Statutory Authority

This petition for exemption is submitted to fulfill Congress' goal in passing Section 

333(a) through (c) of the Reform Act. Congress has directed the FAA "to safely accelerate the 

integration of civil unmanned aircraft systems into the national airspace system." Pursuant to 

Section 333 of the Reform Act, the FAA Administrator is to consider whether certain unmanned 

aircraft systems may operate safely in the National Airspace ("NAS") before completion of the 

formal UAS rulemaking, based on the following considerations: 

 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 the visual line of sight of the operator.

2

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" (emphasis added).

3

Additionally, the FAA Administrator has general authority to grant exemptions from its

safety regulations and minimum standards when the Administrator decides a requested 

exemption is in the public interest. See 49 U.S.C. § 44701(f) (permitting exemptions from §§ 

44701(a), (b) and §§ 44702 – 44716, et seq.). A party requesting an exemption must explain the 

reasons why the exemption: (1) would benefit the public as a whole, and (2) would not adversely 

affect safety (or how it would provide a level of safety at least equal to the existing rules). See

14 C.F.R. § 11.81 (petitions for exemption). 

2 Id. at § 333(b)(1). 

3 Id. at § 333(c). 
Page 5 

III. Qualifications for Approval Under Section 333 of the Reform Act

The proposed operations in this petition for exemption qualify for expedited approval 

under Section 333 of the Reform Act. Each of the statutory criteria and other relevant factors

are satisfied. 

The proposed operations would permit the use of small and relatively inexpensive UAS

under controlled conditions in airspace that is: (1) limited; (2) predetermined; (3) controlled as

to access; and that (4) provides an increased level of safety beyond that existing when fixed or

rotor wing aircraft are used to accomplish the same purpose. 

Petitioner’s UAS are rotorcraft, weighing approximately 3 pounds. They operate, 

under normal conditions, at low speed and have the capability to hover, and move in the 

vertical and horizontal plane. Petitioner’s UASs will operate in line of sight and will only 

operate within a sterile area described in the enclosed Manual.4

Given the small size of the UASs involved and the restricted sterile environment within 

which they will operate, this petition exemption falls within the zone of safety i.e., an 

equivalent level of safety, in which Congress desired the FAA to permit commercial UAS

operations by exemption pending completion of formal rulemaking. Also, due to the size of

the UASs and the restricted area in which the UASs will operate, approval of the application 

presents no national security issue. 

Considering the clear direction in Section 333 of the Reform Act, the authority 

contained in the Federal Aviation Act, as amended, the equivalent level of safety surrounding 

the proposed operations, and the significant public benefit, the grant of the requested 

exemptions is also in the public interest. 

Accordingly, Petition respectfully requests the FAA grant the requested 

exemption without delay. 

4 See Manual Sections 11 
Page 6 

IV. Description of Proposed Operations

The enclosed Manual describes, in detail, the policies and procedures for Petitioner's

proposed UAS operations. To assist the FAA in its safety assessment of Petitioner's proposed 

UAS operations, below is a summary of operational limitations and conditions which will 

ensure an equivalent or higher level of safety to operations conducted under current regulatory 

guidelines: 

1. The UAS will weigh approximately 3 pounds. 

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 limited to the 

amount of time the UAS can be flown and still maintain a reserve battery power

of no less than 25%. 

4. Flights will be operated at an altitude of no more than 400 feet above ground level 

("AGL"). 

5. Flights will be operated at a lateral distance of least 100 feet from any inhabited 

structures, buildings, vehicles, vessels, or people not associated with the operation 

or who have not signed a waiver in advance of the operation. 

6. Minimum crew for each operation will consist of the UAS Pilot, a Visual 

Observer, and a Sensor Operator. 

7. The UAS Pilot will be an FAA licensed airman with at least a private pilot's

certificate and second class medical certificate. 

8. The UAS Pilot will be Pilot in Command ("PIC"). If a pilot certificate holder

other than the UAS Pilot, who possesses the necessary PIC qualifications, is also 

present, that person can be designated as PIC. 

9. The UAS will operate only within a confined "Sterile Area" as defined in the 

Manual.5

10. Prior to the operation, a project packet will be created which includes all safety 

and operational information necessary to safely carry out the flight. 

11. A briefing will be conducted in regard to the planned UAS operations prior to 

each day's missions. It will be mandatory that all personnel who will be 

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

briefing. 
Page 7 

12. Pilot, Visual Observer and Sensor Operator will at all times be able to 

communicate by voice and/or text. 

13. Pilot, Visual Observer and Sensor Operator will have been trained in operations

of UAS generally and received up-to-date information on the particular UAS to be 

operated as required in the Manual. 

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

obtained. 

15. 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. 

16. The operator will file a FAA Form 7711-1, or its equivalent, as modified in light 

of the requested exemption, with the appropriate Flight Standards District Office 

("FSDO"). 

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

capability to return to a pre-determined location within the Sterile Area and land. 

18. Contingency plans will be in place to safely terminate flight if there is a loss of

communication between the pilot and the observer. 

19. The UAS will have the capability to abort a flight in case of unpredicted 

obstacles or emergencies. 

6 See 49 U.S.C. § 44701(f) (authorizing the grant of exemptions from requirements of regulations

prescribed pursuant to Sections 44701(a) and (b) and Sections 44702 - 44716). 
Page 8 

V. Regulations From Which Exemption is requested

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, including UASs, from its safety regulations and minimum standards

when the Administrator decides a requested exemption is in the public interest.6

Petitioner seeks an exemption from several interrelated provisions of 14 C.F.R. Parts 21, 

45 and 91 for purposes of conducting Flare Stack inspections using UASs. Listed below are (1)

the specific sections of 14 C.F.R. for which exemption is sought, and (2) the operating 

procedures and safeguards that Petitioner has established which will ensure a level of safety 

better than or equal to the rules from which exemption is sought.7

A. 14 C.F.R. Part 21, Subpart H – Airworthiness Certificates and 14 C.F.R. §

91.203(a)(1)

Petitioner seeks an exemption from 14 C.F.R. Part 21, Subpart H, which establishes the 

procedural requirements for the issuance of airworthiness certificates as required by 14 C.F.R. 

§ 91.203(a)(1). Given the size and limited operating area associated with the UAS 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 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 as, or safer than, a conventional rotorcraft operating with an airworthiness

certificate without restrictions and conditions of the proposed UAS operations. 

7 See 14 C.F.R. § 11.81(e), which requires a petition for exemption to include:

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 you seek exemption. 
Page 9 

Equivalent Level of Safety

The UAS to be operated hereunder, DJI Phantom 2 Vision + multi-rotor rotorcraft, 

weighs approximately 3 pounds, carries neither a pilot nor passenger, carries no explosive 

materials or flammable liquid fuels, and operates exclusively within a secured and sterile area. 

Unlike other civil aircraft, the proposed operations will be controlled and monitored by the 

operator, as well as an observer and sensor operator, pursuant to the Manual's requirements. 

Moreover, the FAA will have advance notice of all operations conducted under this exemption. 

These safety enhancements, which already apply to civil aircraft operated in connection 

with existing inspection operations, provide a greater degree of safety to the Petitioner's

employees, members of 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, lack of explosive materials or flammable liquid fuels, 

and inability to carry a substantial external load. 

B. 14 C.F.R. Part 27 Airworthiness Standards: Normal Category

Rotorcraft

14 C.F.R. Part 27 sets forth the procedural requirements for airworthiness certification of

normal category rotorcraft. To the extent the Petitioner's UAS would otherwise require 

certification under Part 27, Petitioner seeks an exemption from Part 27's airworthiness standards

for the same reasons identified in the exemption request from 14 C.F.R. Part 21, Subpart H. 

C. 14 C.F.R. § § 91.9(c), 45.23(b) and 45.27(a): Aircraft Marking and

Identification Requirements

Petitioner seeks an exemption from the aircraft marking and identification requirements

contained in 14 C.F.R. § § 91.9(c), 45.23(b) and 45.27(a). 

 14 C.F.R. § 91.9(c), Civil Aircraft Flight Manual, Marking and Placard requirements, 

provides that: 

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

identified in accordance with Part 45 of this chapter. 

 14 C.F.R. § 45.23(b), Markings of the Aircraft, states: 

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. 
Page 10 

 14 C.F.R. § 45.27(a), Rotorcraft, states: 

Each operator of a rotorcraft must display on that rotorcraft horizontally on both 

surfaces of the cabin, fuselage, boom, or tail the marks required by § 45.23. 

Exemption from 14 C.F.R. § 45.23(b) is warranted because the UAS has no entrance to 

the cabin, cockpit, or pilot station on which the word "Experimental" can be placed. Moreover, 

given the size of the UAS, two-inch lettering will be impossible. 

Given the nature of the specific relief sought by this exemption request, Petitioner

requires relief from the associated marking and identification requirements of § 45.27(a) and 

§ 91.9(c), which would require compliance with § 45.23(b). 

Equivalent Level of Safety

The equivalent level of safety for exemptions to the aircraft marking and identification 

requirements of §§ 91.9(c), 45.23(b) and 45.27(a) will be provided by having the UAS marked 

on its fuselage as required by § 45.29(f). 

The FAA has previously issued the following exemptions to the aircraft marking 

requirements of § 45.23(b): Exemption Nos. 10700, 10167 and 10167A. 

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

Petitioner seeks an exemption from the flight manual requirements of 14 C.F.R. § 

91.9(b)(2), which states: 

(b) 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. 

Given its physical dimensions, configuration and load capacity, the UAS has no ability 

to carry such a manual on the aircraft, not only because there is no pilot on board, but because 

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

Equivalent Level of Safety

The safety related purpose of this manual requirement can be equally satisfied by 

maintaining the UAS flight manual at the ground control point where the pilot flying the UAS

will have immediate access to it. Accordingly, Petitioner requests an exemption from 

91.9(b)(2)'s flight manual requirements, on the condition that the UAS flight manual be 

available at the control point during each operation. 
Page 11 

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

Petitioner seeks an exemption from 14 C.F.R. § 91.7(a), which requires that a civil 

aircraft be in airworthy condition to be operated. Inasmuch there will be no airworthiness

certificate issued for the UAS, should this exemption be granted, no FAA regulatory standard 

will exist for determining airworthiness. 

Equivalent Level of Safety

The DJI Phantom 2 Vision + has a stellar safety record, demonstrating that the UAS is

airworthy. Further, given the size of the UAS and the requirements contained in the Manual for

maintenance and pre-flight safety check lists, an equivalent level of safety will be provided. 

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. 

F. 14 C.F.R. § 91.103: Preflight Action

Petitioner seeks an exemption from 14 C.F.R. § 91.103, which requires a PIC to become 

familiar with specific information before each flight, including information contained in the 

FAA-approved Flight Manual on board the aircraft. While the PIC will be familiar with all 

information necessary to safely conduct the flight, an exemption is requested to the extent that an 

FAA-approved Flight manual is required on board the aircraft. 

Equivalent Level of Safety

An equivalent level of safety will be provided by following the Aircraft Operations

Manual. The PIC will take all required preflight actions - including reviewing weather, flight 

battery requirements, landing and takeoff distance, and aircraft performance data - before 

initiation of flight. The Aircraft Operations Manual will be kept at the ground station with the 

operator at all times. 

G. 14 C.F.R. § 91.109(a): Flight Instruction

Petitioner seeks an exemption from 14 C.F.R. § 91.109(a), which provides that "[n]o 

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." UASs and remotely piloted 

aircraft, by their design, do not have functional dual controls. Instead, flight control is

accomplished through the use of a box that communicates with the aircraft via radio 

communications. 
Page 12 

Equivalent Level of Safety

Given the size and speed of the UAS, an equivalent level of safe training can still be 

performed without dual controls because no pilot or passengers are aboard the UAS, and all 

persons will be a safe distance away in the event that the UAS experiences any difficulties

during flight instruction. 

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. Exemptions

include: Nos. 5778K and 9862A. 

H. 14 C.F.R. § 91.119: Minimum Safe Altitudes

Petitioner requests an exemption from the minimum safe altitude requirements of 14

C.F.R. § 91.119. Section 91.119 prescribes the minimum safe altitudes under which aircraft may 

not operate, including 500 feet above the surface and away from any person, vessel, vehicle, or

structure in non-congested areas. See 14 C.F.R. § 91.119(c). Section 91.119(d) allows for a 

helicopter to operate at less than those minimum altitudes when it can be operated "without 

hazard to persons or property on the surface," provided that "each person operating the helicopter

complies with any routes or altitudes specifically prescribed for helicopters by the FAA."

To provide the intended flood control facility inspections, the UAS is always operated 

below 400 feet AGL. Additionally, due the nature of the proposed operations, the UAS will 

maintain a lateral distance of at least 100 feet from inhabited structures, buildings, vehicles, and 

vessels, and from people not associated with the operation. 

Equivalent Level of Safety

Compared to flight operations with rotorcraft weighing far more than the maximum 25 

pounds proposed herein, and given the lack of flammable fuel, any risk associated with these 

operations is far less than those that presently exist with conventional aircraft. An equivalent 

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

location where it is operated. As set forth in the Manual, the UAS will be operated in a 

restricted and sterile area, where buildings and people will not be exposed to operations without 

their pre-obtained consent. Because of the advance notice to the property owners and 

participants, all affected individuals will be well aware of the planned flight operations as set 

forth in the Manual. 

Furthermore, by operating at such lower altitudes, the UAS will not interfere with other

aircraft that are subject to the minimum safe altitude regulations. Finally, the successful safety 

record of the DJI Phantom 2 Vision + demonstrates that the UAS can be safely used at these 

lower altitudes and closer operating environments. 
Page 13 

I. 14 C.F.R. § 91.121: Altimeter Settings

This petition seeks an exemption from 14 C.F.R. § 91.121, which requires a person 

operating an aircraft to maintain cruising altitude or flight level by reference to an altimeter that 

is set to the elevation of the departure airport or barometric pressure. An exemption is required 

because the UAS does not have a barometric altimeter, but rather a GPS altitude read out. 

Equivalent Level of Safety

An equivalent level of safety will be achieved by following the procedures set forth in the 

Manual. As prescribed in the Manual, the operator will confirm the altitude of the launch site 

shown on the GPS altitude indicator before flight. Moreover, the PIC will use the GPS altitude 

indicator built in to the UAS to constantly monitor height, thus ensuring operation at safe 

altitudes. 

J. 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR

Conditions

Petitioner requests an exemption from 14 C.F.R. § 91.151(a)'s fuel requirements for flight 

in VFR conditions. Section 91.151 states: 

(a) No person 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; or

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

Here, the battery powering the DJI Phantom 2 Vision + provides approximately 15 

minutes of powered flight. To meet the 30 minutes reserve requirement in 14 C.F.R. § 91.151, 

UAS flights could not be conducted. Given the limitations on the UAS’s proposed flight area and 

the location of its proposed operations within a predetermined area, a safety margin based on a 

reserve amount of battery life is needed. Petitioner will not be conducting any UAS flights at 

night. 

Equivalent Level of Safety

An equivalent level of safety will be achieved because the operations will be conducted 

on-site without significant transit time by the UAS. All flights will be planned to be terminated 

with no less than 25% reserve battery power still available. This restriction would be more than 

adequate to return the UAS safely to the ground and its planned landing zone from anywhere in 

its limited operating area even in the event of an unexpected occurrence. Operation of the UAS
Page 14 

with less than 30 minutes of reserve fuel does not include the type of risks that Section 91.151(a)

was intended to alleviate given the size and speed of the small UAS, and the proximity of the 

flight operation to the landing zone. Moreover, operation will be limited to controlled areas

where only people and property owners, or official representatives who have signed waivers. will 

be allowed. 

This request for exemption falls within the scope of prior exemptions, including 

Exemption Nos. 10673, 2689F, 5745, 10673, and 10808. 

K. 14 C.F.R. § 91.203(a) and (b): Carrying Civil Aircraft Certification

and Registration

Petitioner seeks an exemption from civil aircraft certification and registration 

requirements of 14 C.F.R. § 91.203(a) and (b). The regulation states 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. 

In addition to the fact that Petitioner is seeking an exemption from the airworthiness

certificate requirements, an exemption to this regulation is necessary because: (1) the UAS’s

configuration, load capacity and size does not allow it to carry certification and registration 

documents; (2) the UAS does not have a cabin or cockpit entrance at which documents could be 

displayed; and (3) there are no passengers or crew for whom the certificates need to be 

displayed. 

Equivalent Level of Safety

To the extent these regulations are applicable to the proposed UAS operations, an 

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

point where the PIC will have immediate access to them. 

The FAA has issued numerous exemptions to this regulation, including: Exemption Nos. 

9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700. 
Page 15 

L. 14 C.F.R. § 91.405(a), 91.407(a)(1), 91.409(a)(2); 91.417(a) and (b):

Maintenance Inspections

Petitioner also seeks an exemption from the maintenance inspection requirements contained in 

14 C.F.R. § 91.405(a), 91.407(a)(1), 91.409(a)(2); 91.417(a) and (b). These regulations specify 

maintenance and inspection standards in reference to 14 C.F.R. Part 43. See, e.g., 14 C.F.R. § 

91.405(a) (stating that each owner or operator of an aircraft "[s]hall have the aircraft inspected as

prescribed in subpart E of this part and shall between required inspections ...have discrepancies

repaired as prescribed in part 43 of this chapter"). An exemption to these regulations is needed 

because Part 43 and these sections only apply to aircraft with an airworthiness certificate, which 

the UAS will not have. 

Equivalent Level of Safety

An equivalent level of safety will be achieved because maintenance and inspections will 

be performed in accordance with the Aircraft Operations Manual as referenced in the Manual. 

As provided in the Manual, the operator will ensure that the UAS is in working order prior to 

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

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. 

If mechanical issues arise, the UAS’s size and carrying capacity, and the fact that flight 

operations will only take place in restricted areas for limited periods of time during daylight 

hours, creates less risk than that associated with conventional rotorcraft performing the same 

operation. 

VI. PUBLIC INTEREST

Granting DuPage County Stormwater Management’s exemption request furthers the 

public interest. National policy set by Congress favors early integration of UAS into the national 

airspace in controlled, safe working environments such as those proposed in this petition. 

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.
Page 16 

VII. Privacy

All flights will occur over property with the property owner's prior consent and 

knowledge. 

VIII. Federal Registry Summary

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: 

DuPage County Stormwater Management seeks an exemption from the following rules: 

14 CFR Part 21, Subpart H; 14 CFR Part 27; 14 CFR 45.23(b); 14 CFR 91.7(a); 14 CFR 

91.9(b)(2); 14 CFR 91.103; 14 CFR 91.109(a); 14 CFR 91.119; 14 CFR 91.121; 14 CFR 

91.151(a); 14 CFR 91.203 (a) & (b); 14 CFR 91.405(a); 14 CFR 91.407(a)(1); 14 CFR 

91.409(a)(2); 14 CFR 91.417 (a) & (b). 

Approval of these exemptions allowing commercial operations of small and lightweight 

unmanned aircraft ("UAS") to conduct flare stack inspections will enhance safety by reducing 

risk to DuPage County Stormwater Management employees, the general public and property 

owners. 

The DJI Phantom 2 Vision + UAS, weighing approximately 3 pounds and powered by 

batteries, eliminates virtually all of that risk given the reduced mass and lack of combustible 

fuel carried on board. The UAS is transported to the designated survey area set up. It is not 

flown from an external location to the work-site. The UAS will carry no passengers or crew

and, therefore, will not expose them to the risks associated with manned aircraft flights. 

The operation of this small UAS will provide an equivalent level of safety, supporting the 

grant of the exemptions requested herein, including exempting the applicant from the 

requirements of Part 21 and allowing commercial operations. These lightweight UASs operate at 

slow speeds, close to the ground, and in a sterile environment. As a result, they are far safer than 

conventional aerial survey and inspection operations conducted with fixed wing aircraft or

helicopters. 
Page 17 

IX. 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 and operation 

within visual line of sight and national security—provides more than adequate justification for

the grant of the requested exemptions to permit DuPage County Stormwater Management to 

operate a UAS in support of its flood control facility inspections in accordance with the manual 

appended hereto. 

If additional information is required, or if you have any questions regarding this Petition 

for Exemption, please contact the undersigned or at: 

John Blickem 

GIS Analyst 

Stormwater Management 

421 N County Farm Rd 

Wheaton, IL 60187 

630-407-6721 

john.blickem@dupageco.org