Kyle Snyder, NGAT Program Director ITRE@NCSU

919-515-8623 | kyle_snyder@ncsu.edu Centennial Campus, Box 8601

http://www.itre.ncsu.edu/ngat Raleigh, NC 27695

July 31, 2015

Via Electronic Filing

Attn: Docket Operations

U.S. Department of Transportation (DOT)

1200 New Jersey Avenue SE, Room W12-140

West Building Ground Floor Washington, DC 20590-0001

Re: Eligibility for “Summary Grant” Process

Exemption Petition of North Carolina State University

pursuant to Section 333 of the FAA Modernization and Reform Act of 2012

To the Flight Standards Service:

This letter shall serve as a petition for a Section 333 Exemption for North Carolina State 

University (“NCSU”) pursuant to Section 333 of the FAA Modernization and Reform Act of 2012, 

Pub. L. No. 112-95, 126 Stat. 11 (2012) (“Section 333”), and certain sections of Part 11 of Title

14 of the Code of Federal Regulations. As discussed below, this Petition qualifies for the FAA’s 

“summary grant” procedures, and to the extent necessary, Petitioner respectfully requests 

that the FAA process the instant Petition using the summary grant procedures. North 

Carolina State University seeks the Section 333 Exemption for its NextGen Air Transportation 

(“NGAT”) program, which is a division of the Institute for Transportation Research and Education 

(“ITRE”) located at North Carolina State University. For convenience, this Petition will use the 

terms “Petitioner,” “NGAT,” “NCSU” and “North Carolina State University” interchangeably.1

Introduction

North Carolina State University is one of the sixteen constituent member institutions in 

The University of North Carolina statewide system. The Institute for Transportation Research and 

Education (ITRE) is “a university-based institute committed to leadership in the study of surface 

and air transportation issues through fostering analytical thinking, integrating technology in 

education and research, serving as a catalyst for problem solving, and cultivating professionals and 

students dedicated to excellence in transportation.”2 Established by the North Carolina General 

Assembly in 1976, ITRE is an inter-institutional research center administered by NCSU that 

conducts, inter alia, air transportation research (through NGAT), while providing professional 

training and educational opportunities. As such, ITRE and NGAT serve all constituent institutions 

in The University of North Carolina statewide system as well as various state government agencies, 

 1 Where applicable in the Introductory section of this Petition, the terms “NGAT,” “ITRE,” and 

“NCSU” are not used interchangeably.

2 ITRE Mission Statement, available at http://www.itre.ncsu.edu/ITRE/about/about.html.
North Carolina State University (NGAT)

Petition for Exemption Pursuant to Section 333

July 21, 2015

Page 2

political subdivisions, and in partnership with various transportation professionals worldwide. On 

May 8, 2015, Petitioner was awarded FAA Center of Excellence recognition as a member of 

ASSURE.3

 Given Petitioner’s participation in the ASSURE Alliance4 and Petitioner’s experience 

with several COAs (discussed below), there is virtually no organization in the United States with 

greater qualification or more experience in the safe operation of unmanned aircraft systems 

(“UAS”)

The focus of NGAT is to help develop and integrate UAS technology, production, 

education, and use into the fabric of North Carolina society, including the economy, education, 

government, and other societal structures and to generally provide a platform and resource center 

to grow the unmanned systems industry in the Tar Heel State. Further information regarding 

Petitioner’s activities and mission is set forth in Exhibit A to this Petition. As such, Petitioner 

currently holds several Certificates of Authorization or Waiver (“COAs”) for its operations in 

several distinct locations across North Carolina. Petitioner’s COAs are set forth in Exhibit B to 

this Petition. Petitioner’s COAs authorize certain limited operations in certain limited areas of the 

state, and those COAs and operations are of critical importance to Petitioner, Petitioner’s mission, 

and the private parties that work with NGAT.

In furtherance of Petitioner’s program, mission, and development, NCSU by this Petition 

seeks additional authority—pursuant to Section 333—to engage in UAS operations that are 

separate and apart from (and in addition to) the authority granted under the COAs. Section 333 

authorization will facilitate NGAT’s ability to better serve various public and private partnerships 

throughout the State of North Carolina. Thus, a grant of the instant Petition is important not only 

to NGAT but more importantly is in the public interest of North Carolina, its residents, businesses, 

workers, and public institutions of all stripes. Were Petitioner to have to wait for the FAA to issue 

final rules governing non-recreational use of UAS, Petitioner would be irreparably harmed, and 

residents, businesses, workers, and public institutions in North Carolina who may rely on 

Petitioner’s services would be irreparably harmed. Accordingly, Petitioner seeks authority to use 

UAS to provide services with the following functions (and any other similar functions not 

specifically catalogued below):

- aerial application

- aerial data collection

- aerial survey

- aerial photography/videography

- asset management

- environmental monitoring

- fire investigation

- geospatial data collection

 3 See FAA Selects Mississippi State University Team As Center of Excellence for Unmanned 

Aircraft Systems, FAA Press Release (May 8, 2015), available at the following URL address: 

http://www.faa.gov/news/press_releases/news_story.cfm?newsId=18794.

4 See generally http://www.assureuas.org/.
North Carolina State University (NGAT)

Petition for Exemption Pursuant to Section 333

July 21, 2015

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- inspection of construction sites

- inspection of infrastructure

- maintenance monitoring (sites, asset management)

- mapping

- public safety support

- precision agriculture

- remote sensing

- precision photography

- search and rescue operations

- traffic monitoring

- training for UAS operations

The above activities may be generally classified as a combination of aerial data collection, 

and substance application, which fall squarely within the categories of use that have been granted 

in upwards of 700 Section 333 Exemption cases. Petitioner seeks authority to use any of the 

following UAS for the above-referenced purposes: DJI Inspire; DJI Phantom 2; Leica Geosystems 

Aibot X6; Trimble UX5; PrecisionHawk Lancaster III; Prioria Maveric; Sentera Vireo, and 

Sensefly eBee. Petitioner has not been able to locate any FAA Section 333 Exemptions grant for 

the Vireo UAS, though it appears one such petition is currently pending in FAA Docket No. FAA2015-2276-0001. In the event a grant is issued in Docket No. FAA-2015-2276-0001 prior to a 

grant of the NCSU instant Petition, it is respectfully requested that the Vireo unmanned system be 

considered a part of this instant Petition as well, otherwise a second exemption request will be 

submitted by the Petitioner for the Vireo system. 

In light of the background above, pursuant to Section 333, Petitioner seeks exemption from 

those certain Federal Aviation Regulations (“FARs”) discussed below. Petitioner believes that the 

instant Petition is substantially similar to other Section 333 Exemption Petitions previously filed 

with and granted by the FAA—including, for example, the Petitions in Grant of Exemption Nos.

11109, 11112, and 11213—such that this Petition qualifies for “summary grant” treatment under 

the FAA’s policy announced and implemented in early April 2015 and without need for the FAA 

to solicit public comment on this proposal. Moreover, each of the specific unmanned aircraft 

systems proposed to be used by Petitioner pursuant to a grant of the instant Petition—DJI Inspire; 

DJI Phantom 2; Leica Geosystems Aibot X6; Trimble UX5; PrecisionHawk Lancaster III; Prioria 

Maveric; Sentera Vireo; and Sensefly eBee—has been the subject of at least one Section 333 

Exemption Petition previously granted by the FAA. Exhibit C to this Petition contains a table 

showing each UAS that Petitioner seeks to use pursuant to a grant of this Petition and the file 

number of one or more Section 333 Exemption Grants issued previously by the FAA for the same 

UAS. 

In support of this Petition, consistent with Petitioner’s current operational protocols and 

policies, and as a commitment to air safety, Petitioner shows the following:
North Carolina State University (NGAT)

Petition for Exemption Pursuant to Section 333

July 21, 2015

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Proposed Conditions and Limitations

This Petition seeks authority to operate each of Petitioner’s small UAS (sUAS) subject to 

the following conditions (and any other conditions and restrictions imposed on Petitioner by the 

FAA):

* Each of Petitioner’s operators will be familiar with the respective manufacturer’s 

user manual and will maintain a copy of the user manual at the location of all flights.

* None of Petitioner’s unmanned aircraft (“UA”), including payload, camera, gimbal, 

etc. will exceed 55 lbs.

* Petitioner will not operate any UA at a speed exceeding 100 mph (87 knots).

* Petitioner will operate its UAs only at altitudes that will not exceed 400 feet AGL. 

To the extent that Petitioner’s operations at any time and any location rely on the FAA’s “blanket 

COA” for sUAS operations, Petitioner will operate its respective UA only at altitudes that do not 

exceed 200 feet AGL.

* Petitioner’s operations of its UA will be such that each UA remains within the 

visual line of site (“VLOS”) of the pilot-in-command (“PIC”) at all times.

* Petitioner’s sUAS will be operated only by a PIC who holds at least a sport pilot, 

recreational pilot, or private pilot airman certificate and either a corresponding airman medical 

certificate or U.S. driver’s license.

* Petitioner’s sUAS operations will employ a visual observer (“VO”), who will be 

able to communicate orally with the PIC at all times during operations.

* Petitioner’s sUAS will be maintained and inspected to ensure its condition furthers 

safe operation. Petitioner’s inspection process will include a pre-flight inspection each time 

Petitioner wishes to operate the sUAS.

* Petitioner will not operate at night.

* Petitioner will operate within 5 nautical miles of an airport only with specific 

authority to do so.

* Petitioner’s sUAS is designed to return to a pre-determined location if the device 

loses communications or its GPS signal.

* Petitioner’s sUAS operations will be conducted only over private or controlledaccess property (including public property) with permission from the property owner or other 

authorized representative.
North Carolina State University (NGAT)

Petition for Exemption Pursuant to Section 333

July 21, 2015

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Particularly in light of the 100+ hours of sUAS flight experience that Petitioner and 

Petitioner’s PICs have obtained pursuant to sUAS flights performed under the COAs set forth in 

Exhibit B, Petitioner’s operation of sUAS under these conditions will be at least as safe and 

controlled as the operations authorized in prior Section 333 Exemption grants; in actuality, 

Petitioner’s operations are likely to constitute the “gold standard” for safe, controlled sUAS 

operations. Indeed, one need look no further than Petitioner’s role in ASSURE as project leader 

for the control and communication research activities of the UAS Center of Excellence to 

understand Petitioner’s qualifications and dedication to safe, intelligent, prudent operations. 

Moreover, Petitioner’s raison d’etre demonstrates its unassailable commitment to safety and to not 

posing a hazard or threat to other aircraft (manned or unmanned), public safety, or national 

security. 

Discussion of Specific FARs

Consistent with the growing number of Section 333 Exemption grants for aerial data 

collection and other sUAS activities similar to those requested by Petitioner, here is a list of the 

FAR sections from which Petition seeks exemption: 

14 C.F.R. § 61.23(a) & (c) 14 C.F.R. § 91.9(b)(2) 14 C.F.R. § 91.405(a)

14 C.F.R. § 61.101(e)(4) & (5) 14 C.F.R. § 91.119(c) 14 C.F.R. § 91.407(a)(1)

14 C.F.R. § 61.113(a) 14 C.F.R. § 91.121 14 C.F.R. § 91.409(a)(1) & (2)

14 C.F.R. § 61.315(a) 14 C.F.R. § 91.151(a)(1) 14 C.F.R. § 91.417(a) & (b)

14 C.F.R. § 91.7(a)

In addition to the above-referenced FAR provisions, Petitioner understands that the FAA is likely 

to impose additional conditions, limitations, restrictions, and requirements on Petitioner’s UAS 

operations pursuant to several other FARs, including, for example, certain of Parts 215 and 27 of 

Title 14 of the Code of Federal Regulations; FAR Section 45.23(b); FAR Section 27(a); FAR 

Section 91.103(b)(2); FAR Section 91.109; and FAR Section 91.203(a) & (b). However, because

none of the Section 333 Exemption grants previously issued by the FAA appear to have “waived,” 

 5 With respect to the airworthiness requirements of Part 21 of the FAR, the FAA has previously 

acknowledged that relief is not necessary for the sUAS referenced in this Petition. As set forth in Exhibit 

C of this Petition, all of the sUAS proposed for use by Petitioner have been the subject of prior Section 333 

Exemption grants, with respect to which the FAA has consistently stated as follows:

In accordance with the statutory criteria provided in Section 333 of Public Law 

112-95 in reference to 49 U.S.C. § 44704, and in consideration of the size, weight, 

speed, and limited operating area associated with the aircraft and its operation, the 

Secretary of Transportation has determined that this aircraft meets the conditions 

of Section 333. Therefore, the FAA finds that relief from 14 CFR part 21, 

Certification procedures for products and parts, Subpart H—Airworthiness 

Certificates, and any associated noise certification and testing requirements of part 

36, is not necessary.

See, e.g., Regulatory Docket No. FAA-2014-036, Exemption No. 11110A (Trimble Navigation Ltd.).
North Carolina State University (NGAT)

Petition for Exemption Pursuant to Section 333

July 21, 2015

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as a legal matter, these additional FAR provisions, the instant Petition does not seek waiver of and 

does not discuss these additional FARs. Because the instant Petition seeks to invoke the FAA’s 

“summary process” for Section 333 Exemption grants based on the fact that it is substantially 

similar to numerous previously-issued Section 333 Exemption grants, discussion of these 

additional provisions should not be necessary. Nevertheless, should the FAA Staff determine that 

an exposition by Petitioner is necessary with respect to these additional FARs, Petitioner 

respectfully requests that the FAA Staff contact the undersigned as soon as possible so that 

Petitioner has an opportunity to promptly provide such further information.

14 C.F.R. § 61.23(a) and (c)

This FAR requires that persons holding certain airman certificates also hold a certain class of 

medical certificate. Consistent with other Section 333 Exemption grants, Petitioner requests that 

the person operating Petitioner’s sUAS be permitted to hold a valid driver’s license issued by one 

of the fifty United States or the District of Columbia or the corresponding medical certificate 

required by the airman certificate held by such operator. Moreover, all of Petitioner’s current PICs 

hold a current medical certificate that corresponds to their airman certificate (i.e., none of 

Petitioner’s current operators holds less than a private pilot certificate).

14 C.F.R. §§ 61.101(e)(4) & (5), 61.113(a), 61.315(a)

These FARs, respectively, limit holders of recreational pilot certificates, private pilot certificates, 

and sport pilot certificates to noncommercial operations. The prohibition on commercial activities 

for operators holding these airman certificates are logical for manned aircraft. For unmanned 

aircraft, however, the safety issues inherent in commercial activities are vastly different, as there 

are no passengers, there is no cargo, and the environment is controlled in an appropriate manner. 

Thus, consistent with other Section 333 Exemption grants, Petitioner requests that persons 

operating Petitioner’s sUAS be permitted to use the sUAS for the purpose of engaging in activities

that either are noncommercial or are not noncommercial. 

14 C.F.R. § 91.7(a)

This FAR prohibits the operation of an aircraft “unless it is in an airworthy condition.” Consistent 

with other Section 333 Exemption grants, Petitioner seeks permission to operate its unmanned 

aircraft without an airworthiness certificate, and Petitioner will continue to engage in pre-flight 

inspections to ensure safe operation is possible each time Petitioner wishes to engage in UAS 

operations.

14 C.F.R. § 91.9(b)(2)

This FAR requires that a flight manual be maintained in the aircraft. Compliance with this FAR 

is impracticable in the context of sUAS as there is no “cabin” or cockpit. Consistent with other 

Section 333 Exemption grants, Petitioner seeks permission to maintain the manufacturer’s manual

on the ground with the operator.
North Carolina State University (NGAT)

Petition for Exemption Pursuant to Section 333

July 21, 2015

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14 C.F.R. § 91.119(c)

This FAR prohibits the operation of aircraft below altitudes of 500 feet above the surface (except 

over open water or sparsely populated areas) other than during takeoff or landing. Petitioner 

proposes to operate its sUAS at altitudes of less than 400 feet above the surface, and requests 

permission to so, consistent with other Section 333 Exemption grants. Moreover, as indicated 

above, Petitioner envisions that many, if not most, of its operations will occur pursuant to the 

blanket COA at altitudes not to exceed 200 feet above the surface.

14 C.F.R. § 91.121 

This FAR requires the use of an altimeter during flight for purposes of maintaining the cruising 

altitude or flight level of the aircraft. Petitioner will not make use of an altimeter in connection 

with its sUAS operations. Instead, Petitioner’s sUAS will either rely on the use of GPS, internal 

gyroscope, or operator adjustments to maintain the unmanned aircraft’s altitude or flight level. 

Consistent with other Section 333 Exemption grants, Petitioner seeks a waiver of the requirement 

relating to altimeter use or, in the alternative, a declaration that use of GPS would satisfy the 

altimeter requirements.

14 C.F.R. § 151(a)(1)

This FAR restricts persons from beginning a flight in an airplane under VFR conditions unless 

there is a certain amount of fuel in the aircraft. This FAR is inapplicable to Petitioner’s operations 

insofar as Petitioner’s sUAS do not use “fuel” per se but instead rely on electrical power generated 

by small, protected batteries or battery packs. Accordingly, Petitioner proposes to deviate from 

this FAR insofar as Petitioner, consistent with other Section 333 Exemption grants, will not begin 

a flight unless there is sufficient power available for the sUAS operation to continue at least 5 

minutes beyond the intended duration of the flight. 

14 C.F.R. §§ 91.405(a); 91.407(a)(1); 91.409(a)(1) & (2); 91.417(a) & (b)

These FARs govern, inter alia, certain aircraft inspections, the return of aircraft to service after 

maintenance, and certain maintenance record keeping and retention. Consistent with other Section 

333 Exemption grants, Petitioner proposes to achieve an equivalent level of safety by engaging in 

pre-flight inspections of its sUAS and any maintenance that is recommended by the manufacturer 

of the sUAS. 

Conclusion

Through this Petition, filed pursuant to Section 333, Petitioner seeks an exemption from 

the following FARs: 14 C.F.R. § 61.23(a) and (c); 14 C.F.R. § 61.101(e)(4) and (5); 14 C.F.R. § 

61.113(a); 14 C.F.R. § 61.315(a); 14 C.F.R. § 91.7(a); 14 C.F.R. § 91.9(b)(2); 14 C.F.R. § 

91.119(c); 14 C.F.R. § 91.121; 14 C.F.R. § 91.151(a)(1); 14 C.F.R. § 91.405(a); 14 C.F.R. § 

91.407(a)(1); 14 C.F.R. § 91.409(a)(1) and (2); 14 C.F.R. § 91.417(a) and (b).
North Carolina State University (NGAT)

Petition for Exemption Pursuant to Section 333

July 21, 2015

Page 8

Grant of this Petition and Section 333 Exemption, including waiver of the above-referenced 

FARs, will permit Petitioner to operate its sUAS in furtherance of its strategic mission and goals, 

including the ability to offer UAS services in furtherance of public and private UAS opportunities

throughout the State of North Carolina, including inspections, monitoring, photography, and other 

data-gathering and physical application activities. The grant will result in a reduction of risk and 

concomitant enhancement of safety as compared to the use of manned aircraft (such as a 

helicopter) for such activities; moreover, for many such activities, use of manned aircraft is not 

possible or practicable. Unlike manned aircraft, Petitioner’s UAS operations will not use 

combustible fuel, and Petitioner’s unmanned aircraft are smaller, quieter, lighter, safer, and more 

cost-effective than manned aircraft employed for similar purposes. Moreover, Petitioner’s sUAS 

operations will be in controlled airspace, away from people, and in a safe environment. 

Accordingly, it is believed that such sUAS operations will be at least as safe—and, given 

Petitioner’s experience and qualifications, safer—than manned aircraft operations used for the 

same purposes.

We respectfully request that the FAA grant this Section 333 Exemption Petition using the 

“summary grant” procedure. 

Should any questions arise during the course of your consideration of this Petition, kindly 

contact the undersigned.

Respectfully submitted,

Kyle Snyder, NGAT Program Director
Exhibit A

NGAT Summary

The NextGen Air Transportation (NGAT) Program at NC State University began with the charter 

of developing the Unmanned Aircraft Systems (UAS) ecosystem for North Carolina in May of 

2012. Although UAS are just a small part of the larger air transportation modernization activities 

under development nationwide, this is the FAA’s “NextGen Program”, the integration of UAS is 

representative of the larger airspace and aviation technology transformation happening globally. 

The NCDOT Division of Aviation’s investment into NGAT in 2012 to position North Carolina as 

a UAS integration leader was bold and timely. The UAS landscape has dramatically changed 

since 2012 with the emergence of consumer-grade systems creating a demand for daily commercial 

uses almost overnight. The FAA has also released their intentions for a broad rule that will 

regulate non-hobby operations, while also providing commercial exemptions and new structures 

for allowing access to more users operating in the National Airspace System (NAS). [It is 

expected] Sometime in the next 18 months, the FAA will open the skies to commercial and civilian 

users under a new regulatory structure that includes licensing of UAS operators that have 

demonstration aeronautical knowledge that are flying registered aircraft. 

North Carolina is now recognized as a state that embraced this coming change and other states are 

wanting to follow our model of deliberately managed integration of UAS that includes (1) 

development of standard operating procedures for ensuring safety of operations; (2) a formal, yet 

reasonable regulatory code; (3) a common knowledge source for discussing the topic of UAS; and 

(4) a model for supporting workforce development across all disciplines that the industry is 

needing. By adopting this strategy of statewide management and integration of UAS, North 

Carolina (through the NGAT office at NC State University) was positioned as a core team member 

of the ASSURE Alliance that was recently selected for the FAA’s UAS Center of Excellence for 

research for at least the next 5 years. NGAT is currently the recognized resource in the state for 

UAS information, fielding questions regarding interest in establishing UAS production facilities 

in North Carolina, access to NGAT managed UAS testing and research facilities, establishment of 

UAS flight capabilities inside existing NC businesses and government agencies, and career 

opportunities in the UAS industry. By providing a single resource for UAS information, even 

though NGAT is working behind the scenes with all of the stakeholders in the state that are critical 

to success, the state has made a powerful leadership statement and demonstrated commitment that 

UAS are embraced in North Carolina for that are ready to follow the protocols.

Highlights:

• 6 full time staff, 5 part time students

• Only state agency currently operating UAS under FAA and State CIO approval. 

• Weekly flight operations at one of 6 approved research COA locations in the state

• 450+ flights, 100+ hours flight time since March 21, 2013 using a dozen different 

aircraft.

• Core team member of ASSURE FAA UAS Center of Excellence research team. 

• Helped recruit Precision Hawk to base headquarters in Raleigh. They are an NGAT 

strategic partner collaborating on ASSURE and Pathfinder project research initiatives. 
Exhibit B

Petitioner’s Approved COAs

COA File No. NC Location Covered by 

COA UAV Expiration Date

2013-ESA-65 Butner Vireo 9/18/15

2014-ESA-123 Lake Wheeler PrecisonHawk Lancaster III 11/13/16

2014 -ESA-27 Butner PrecisonHawk Lancaster III 4/22/16

2014-ESA-101 Green Swamp Vireo 9/18/16

2013-ESA-69 Caratoke Vireo 9/25/15

2014-ESA-17 Hyde County Yamaha Rmax 6/8/16

2014-ESA-3 Caratoke T-20 4/8/16

2014-ESA-56 Butner Prioria Maveric 6/8/16

2015-ESA-114 Lake Wheeler Vireo 3/15/17

2014-ESA-93 Vernon James Vireo 9/18/16
Exhibit C

Petitioner’s UAS and Corresponding FAA Section 333 Exemption Grants

UAS Description Prior FAA Section 333 Exemption Grant No.

DJI Inspire Nos. 11804, 11733, 11693

DJI Phantom 2 Nos. 11817, 11809, 11157

Leica Geosystems Aibot X6 Nos. 11356, 11545, 11216

Trimble UX5 Nos. 11806, 11666, 11110A

Sensefly eBee Nos. 11136, 11797, 11754

PrecisionHawk Lancaster III No. 11711

Prioria Maveric No. 11593

Sentera Vireo pending