UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINSTRATION

WASHINGTON, D.C.

IN THE MATTER OF THE PETITION FOR EXAMPEION OF:

THE UNIVERSITY OF NORTH DAKOTA

JOHN D. ODEGARD SCHOOL OF AEROSPACE SCIENCES

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF

TITLE 14 OF THE CODE OF FEDERAL REGULATIONS

SECTIONS 61.113(A) & (B), 91.7(A), 91.109(A), 91.119(C), 91.121, 91.151, 91.203(A) AND (B), 

91.405(A), 91.407(A)(1), 91.409(A)(1) & (A)(2), AND 91.417(A) & (B) CONCERNING 

COMMERCIAL OPERATION OF XXX UNMANNED AIRCRAFT SYSTEM

PURSUANT TO SECTION 333 OF

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

Submitted on 31-Aug-2015
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INTRODUCTION AND INTERESTS OF THE PETITIONER

The University of North Dakota’s John D. Odegard School of Aerospace Sciences (JDOSAS) located in 

Grand Forks, North Dakota has a long standing tradition in aviation of over 40 years. We are a worldrenowned center for aerospace learning, nationally acclaimed for our achievements in collegiate aviation 

education, atmospheric research, space studies, and computer science applications. JDOSAS employs

over 500 faculty and staff members, with an attendance of over 1,500 students from around the world

each year. These combined assets routinely lead to over 120,000 hours of safe manned flight training 

annually. The aforementioned experiences in safety and efficiency have been carried forward in the 

University’s UAS flight department and degree program.

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (Public Law 112-95), The 

University of North Dakota (UND) is petitioning for an exemption seeking relief from the requirements 

of Title 14 of the Code of Federal Regulations Sections 61.113(a) & (b), 91.7(a), 91.109(a), 91.119(c), 

91.121, 91.151, 91.203(a) and (b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) 

concerning commercial operation of numerous types of Unmanned Aircraft Systems (UAS) for a variety 

of applications listed below. The aircraft and applications listed in this petition have all been previously 

approved under numerous 333 exemption applications. UND believes an exemption is only needed from 

the above-listed regulatory provisions. To the extent that the FAA believes that additional relief is 

required for UND to conduct the operations described here, we request an exemption from any such 

regulatory provisions as well.

The University is equipped to, and is petitioning to offer commercial UAS operations for the following 

applications:

• Flight training 

• Aerial filming

• Imagery

• Inspections

• Photography

• Surveying

• Videography

It is the intent of the University to commercially operate the following airframes (all are below 55lbs.):

• 3D Robotics IRIS+ 

• 3D Robotics X8 

• 3DRobotics DIY Quad Kit

• 3D Robotics Solo

• 3D Robotics Aero 

• AirRobot AR 180

• DJI Phantom 2 Vision+ 

• DJI Phantom 3 

• DJI Inspire 1

• DJI S900

• DJI S1000+

• Draganflyer X4ES

• Draganflyer X6

• Sensurion Magpie MP-1

• Roboflight RF70

• Trimble UX5
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A. Name and Address of the Petitioner.

Name and Address:

University of North Dakota

John D. Odegard School of Aerospace Sciences (Flight Operations)

2806 Airport Drive Stop 9053

Grand Forks, ND 58202-9053

The point of contact for this petition:

Mark Hastings

University of North Dakota

UAS Chief Pilot

Phone: 701-777-3380

B. Granting and Exemption to UND will not sacrifice safety.

Granting this exemption will not adversely affect safety. UND requests conducting commercial UAS 

operations solely during daylight hours, at altitudes well below that which would pose a risk to other 

aircraft and at speeds below 87 knots. In general, UAS operations are intended to be conducted in areas 

distant from both congested areas and airports. The University of North Dakota’s John D. Odegard 

School of Aerospace Sciences has a mature Safety Management System (SMS) and extensive Standard 

Operating Procedures (SOPs) which are available to the FAA upon request. Accordingly, the risk of 

interference with another aircraft is minimal. UND also plans to conduct UAS operations at least three

miles from any public airports (including heliports). In the event an operation needs to be conducted 

closer to an airport, UND will inform the airport operator and airport air traffic control tower of the 

contemplated operation and will comply with any directions issued by air traffic control at that airport.

All operations will be flown within visual line-of-sight of the observer. These visual observers will be

within constant visual line of sight and in constant contact with the PIC. The visual observers will assist 

the PIC in avoiding objects, to include other aircraft, near the UAS. The PIC will have, at a minimum, a

private pilot certificate and a valid second-class medical certificate. Each PIC will maintain flight 

currency in accordance with UND’s SOPs. Depending on the type of operation, additional ground-based 

visual observers and oversight personnel may be employed to ensure the highest level of safety exist. All 

airframes and proposed operations have been approved under the 333 exemption process.

C. The specific sections of 14 C.F.R. from which the University of North Dakota seeks exemption

and the reasons relief is needed. The descriptions 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 the University of North Dakota seeks exemption are also 

listed below.

1. The University of North Dakota seeks exemption from the requirements of section 

61.113(a) and (b).

61.113 Private pilot privileges and limitations: Pilot in command. 

(a) Except as provided in paragraphs (b) through (h) of this section, no person who holds 

a private pilot certificate may act as pilot in command of an aircraft that is carrying 

passengers or property for compensation or hire; nor may that person, for compensation 

or hire, act as pilot in command of an aircraft.

(b) A private pilot may, for compensation or hire, act as pilot in command of an aircraft 

in connection with any business or employment if:

(1) The flight is only incidental to that business or employment; and

(2) The aircraft does not carry passengers or property for compensation or hire.
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The JDOSAS Standard Operating Procedures (SOPs) require the PIC to hold, at a minimum, a 

FAA Private Pilot certificate and FAA Class II medical. The UAS listed in this application will 

not carry persons or property for hire as part of the proposed flight operations listed earlier in this 

document. However, the flight operations will include activities not incidental to a business and 

the pilots will be compensated as part of their employment. As such, an exemption from 

§61.113(a) and (b) is needed to perform the proposed activities. The risk associated with the 

contemplated operations is less than the risk posed by a traditional aircraft. The UAS will fly at 

altitudes well below the permissible limits for other civil aircraft, eliminating the risk to other 

aircraft, and within a geographical limits under the sole operational control of the University. 

Due to the reduced risk level resultant of the mitigation strategies and the University’s SOPs, the 

requirement for a commercial pilot certificate would offer no appreciable safety benefit. 

2. The University of North Dakota seeks exemption from the requirements of section 

91.7(a).

91.7 Civil aircraft airworthiness.

(a) No person may operate a civil aircraft unless it is in an airworthy condition.

Section 91.7 prohibits operation of an unairworthy aircraft, and places responsibility for 

airworthiness determinations on the pilot in command. Airworthiness certification for the systems 

UND proposes to use commercially does not yet exist and there is no FAA regulatory standard 

for determining airworthiness of a commercially flown small UAS. Accordingly, relief from 

§91.7(a) is required. UND’s SOPs set forth inspection and maintenance procedures to ensure 

airworthiness before each flight. As such, UND believes it can meet the requirements of §91.7(b) 

and is not requesting an exemption from said provision.

3. The University of North Dakota seeks exemption from the requirements of section 

91.109(a).

91.109 Flight instruction; Simulated instrument flight and certain flight tests.

(a) No person may operate a civil aircraft (except a manned free balloon) that is being 

used for flight instruction unless that aircraft has fully functioning dual controls....

Small UASs, by their design, do not have fully functional dual controls. Flight control is 

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

communications. Aircraft being considered for use by UND allow the UAS Instructor to place the 

aircraft into ‘loiter’ mode (fixed altitude stationary hold). In the event of the student losing 

control, the UAS Instructor can quickly and via alternate equipment (equipment not in the hands 

of the student) place the aircraft into a mode that then allows the instructor to bring the aircraft 

back into control and back to the pre-determined and/or safe landing location.

4. The University of North Dakota seeks exemption from the requirements of section 

91.119(c).

§91.119 Minimum safe altitudes: General.

Except when necessary for takeoff or landing, no person may operate an aircraft below the 

following altitudes:

***

(c) Over other than congested areas. An altitude of 500 feet above the surface, except 

over open water or sparsely populated areas. In those cases, the aircraft may not be 

operated closer than 500 feet to any person, vessel, vehicle, or structure.

*****
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Relief is required from §91.119 (c) for fixed wing operations because asset evaluation conducted 

at 500 feet or higher is insufficiently distinct to be meaningful. Since operations at this altitude 

also pose a heightened risk of collision with another aircraft, safety can only be assured through 

the grant of an exemption. The equivalent level of safety will be achieved given the size, weight, 

speed of the UAS as well as the location where it is operated. The University’s SOPs provide for 

establishment of a sterile area for personnel not associated with the operation. Additionally, the 

aircraft and area of operation will be under the sole operational control of UND while the UAS is 

in flight.

5. The University of North Dakota seeks exemption from the requirements of section 91.121.

91.121 Altimeter settings.

(a) Each person operating an aircraft shall maintain the cruising altitude or flight level of 

that aircraft, as the case may be, by reference to an altimeter that is set.

As the UAS may not have a barometric altimeter, but instead a GPS altitude read out, an 

exemption may be needed. Any potential risk will be mitigated by verifying the functionality of 

the altitude referencing equipment prior to conducting flight operations. 

6. The University of North Dakota seeks exemption from the requirements of section 91.151.

91.151 Fuel requirements for flight in VFR conditions.

(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.

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

(b) No person may begin a flight in a rotorcraft 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, to fly after that for at least 20 

minutes.

Operating the UAS in a pre-defined area with less than 30 minutes of reserve fuel does not raise 

the type of risk contemplated by §91.151, i.e., that an aircraft could run out of fuel in the event it 

has to be flown to an alternate airport or circle the planned airport in the event of unanticipated 

conditions. UND does not intend to use the UAS for point-to-point flights and will not operate the 

UAS beyond visual line of sight. Nor will the UAS require an airport in order to land. Rather, 

UND will operate the UAS using pre-planned flight paths (taking into account weather 

conditions) designed to allow the UAS to fly to the point of intended landing. As such, there is no 

need for a time-based excess fuel requirement. Rather it should be sufficient to require only as 

much additional excess flight capacity as necessary to safely land the UAS. We believe that a 

20% fuel reserve is more than sufficient to meet this objective.

7. The University of North Dakota seeks exemption from the requirements of section 

91.203(a) and (b).

91.203 Civil Aircraft: Certifications required.

(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.
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*****

The UAS the University is petitioning to operate commercially are not eligible for the 

airworthiness certification required to be flown as such. This is because said UAS do not meet 

the current conditions for either a standard or restricted airworthiness certification. Section 333 

of the Modernization Act authorizes the FAA to exempt aircraft from the requirement for an 

airworthiness certificate based on a consideration of the size, weight, speed, operational 

capability of the particular UAS, as well as its proximity to airports and populated areas. An 

analysis of these criteria demonstrates that the UAS operated without an airworthiness certificate 

in the areas and under the conditions contemplated by UND will be at least as safe, or safer, than 

a conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate 

without the conditions proposed in this request. The UAS proposed are less than 55 lbs. max 

takeoff weight, carries neither a pilot nor passenger, and operates exclusively within an 

operational location controlled by the University. Unlike other civil aircraft, operations under 

this exemption will be tightly controlled and monitored by the operator and observer. Operations 

will be conducted in compliance with the FAA and with local public safety requirements in 

addition to UND SOPs. These safety enhancements provide an expanded degree of safety to 

persons and property not associated with the flight operation. Lastly, application of these same 

criteria demonstrates that there is no credible threat to national security posed by the UAS, due to 

its size, speed of operation, location of operation, lack of explosive materials and inability to 

carry a substantial external loads.

8. The University of North Dakota seeks exemption from the requirements of section 

91.405(a), 91.407(a)(1), 91.409(a), and 91.417(a) and (b).

91.405 Maintenance required.

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; *****

91.407 Operation after maintenance, preventive maintenance, rebuilding, or alteration.

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

alteration unless –

(1) It has been approved for return to service by a person authorized under §43.7 

of this chapter; *****

91.409 Inspections.

(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 §43.7 of this chapter; or

(2) An inspection for the issuance of an airworthiness certificate in accordance 

with part 21 of this chapter. *****

91.417 Maintenance records.

(a) Except for work performed in accordance with §§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 the 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 
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engine, propeller, rotor, and appliance of an aircraft. The records must include

*****

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

*****

UND believes that an exemption from these maintenance requirements is appropriate because the 

maintenance standards that would allow an operator to meet the part 91 maintenance requirements do not 

yet exist. For example, there are no individuals authorized by the FAA to approve a UAS for return to 

service under §91.407(a) or to conduct the initial airworthiness and annual return to service inspections 

required by §91.409(a). UND will maintain the aircraft as instructed in the owner’s manual(s) and in 

accordance with the University’s SOPs where applicable, and will not operate the aircraft until it has been 

reasonably determined that any needed repairs have been made. Daily preflight inspections will further 

enhance the safety of the proposed operations contained in this application. Due to the technical 

impossibility of meeting the requirements of §91.405(a), §91.407(a), §91.409(a), and §91.417(a) and (b), 

we believe an exemption from these provisions is appropriate.

D. The reasons why granting the University of North Dakota would be in the Public Interest; that 

is, how it would benefit the Public as a whole.

The University of North Dakota believes this request for exemption to be in the public interest due to the 

enhanced safety offered by the use of UAS instead of manned aircraft in certain types of operations

because of the lack of persons on board. Safety is further enhanced through the use of the University’s 

well established SMS program, SOPs, and previous experiences operating UAS in the over 50 public 

Certificates of Waiver or Authorizations granted to the University of North Dakota since 2005. 

Furthermore, granting the University the ability to provide UAS pilot and crew member training enhances 

the overall safety of the National Airspace System (NAS) by providing collegiate level aviation education 

for its future aviators. As a core member of the Northern Plains UAS Test Site, the University will be 

able to generate safety and operational data needed by the FAA to continue its NAS integration efforts. 

The economic impacts of the use of UAS in North Dakota have been realized for several years, 

commercial use will further enhance the economic benefit to the state.
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E. A summary that can be published in the Federal Register, stating: The Rules from Which the 

University of North Dakota Seeks Exemption:

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the Federal

Register should the FAA determine that publication is needed.

Petitioner: University of North Dakota – John D. Odegard School of Aerospace Sciences

Sections of 14 C.F.R. Affected:

14 C.F.R. §61.113(a) and (b)

14 C.F.R. §91.7(a)

14 C.F.R. §91.9(b) (2)

14 C.F.R. §91.109(a)

14 C.F.R. §91.119

14 C.F.R. §91.151

14 C.F.R. §91.203(a) and (b)

14 C.F.R. §91.405(a)

14 C.F.R. §91.407(a)

14 C.F.R. §91.409(a)

14 C.F.R. §91.417(a) and (b)

A brief description of the nature of the exemption the University of North Dakota seeks:

This exemption will permit the University of North Dakota’s John D. Odegard School of 

Aerospace Sciences to commercially operate an Unmanned Aircraft System (UAS) for the purposes of

flight training, aerial filming, imagery, inspections, photography, surveying, and videography. All 

flight operations will be conducted in accordance with Federal, State and Local laws. The nature of 

the requested operations require flights to be flown no higher than 400’ above ground level, below 87 

knots, and within visual line of sight during daylight hours. 

Respectfully Submitted

The University of North Dakota

Mark Hastings

UND UAS Chief Pilot

701-777-3380