Petition for Section 333 Exemption, ©2015 North American Robotics Page 1 of 9

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 

Dear Sir or Madam: 

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

and 14 CFR Part 11, North American Robotics (“NAR”) a professional research firm hereby 

applies for an exemption from the listed Federal Aviation Regulations ("FARs") to allow 

commercial operation of its small Unmanned Aircraft Systems (sUASs), so long as such 

operations are conducted within and under the conditions outlined herein or as may be 

established by the FAA as required by Section 333. 

As described more fully below, the requested exemption would support a future application for 

a commercial Certificate of Authorization (COA) and permit the operation of sUASs under 

controlled conditions in U.S. National Air Space (NAS) including: (1) All operations would take 

place with express written permission from the owner of the property for the purpose of 

obtaining detailed structural information, land feature and ground cover analysis, and 

condition documentation. (2) All operations would be conducted in airspace no more than 200

ft Above Ground Level (AGL) under the current FAA blanket COA. (3) The sUASs will fly only 

in approved Visual Flight Rules (VFR) conditions, and remain within Visual-Line-of-Sight 

(VLOS) of the pilot-in-command (PIC) at all times, and (4) the sUASs will remain more than 5 

NM from active airports. Specific goals are as follows: 

1. Inspections to existing tower structures –These operations would be conducted in 

airspace previously reviewed by the FAA for the initial construction of the tower(s) and 

would create no additional hazard to the NAS. 

2. Precision Photogrammetry and Mapping – These operations would benefit U.S. 

agriculture and wildlife management agencies, detecting concerns to crops and aiding in 

effective land and species management practices, and storm water damage assessment. 

3. Aerial Imagery of Commercial and Residential Properties –These operations would 

benefit developers and community planners. Property condition inspections would 

protect home owners and provide fast-response damage estimates during disasters. 

We can ensure that through the combination of the sUASs’ light weights, historically 

demonstrated flight performance, on-board position data collection system, fully qualified flight 
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personnel, and strict operation under the guidelines established, the FAA can have confidence 

that NAR’s operation will have an equivalent or greater level of safety than manned aircraft 

performing the same missions. 

Also, given the small size of the UAS’s involved and the restricted controlled environment 

within which they will operate, the applicant fits within that zone of safety (an equivalent level 

of safety) in which Congress envisioned that the FAA must, by exemption, allow commercial 

operations of small UASs to commence immediately. Also due to the size of the small UASs and 

the controlled areas in which the relevant small UASs will operate, approval of the application 

presents no national security issue. Given the following, the grant of the requested exemptions 

is clearly in the public interest:

NAR proposes that the exemption requested herein apply to civil aircraft that have the

characteristics and that operate with the limitations listed herein. These limitations provide for 

an exceptional level of safety to operations. These limitations and conditions to which NAR

agrees to be bound when conducting commercial operations under an FAA issued exemption

including:

1. UAS will weigh less than 55 lbs, typically < 5 lbs. 

2. Flights will be operated within visible-line-of-sight (VLOS) of PIC.

3. Maximum total flight time for each operational flight will be 30 minutes.

4. Flights will be terminated at 15% battery power reserve.

4. Flights will be operated at an altitude of no more than 200 feet AGL

5. UAS PIC will be trained & certified in the proper safety and operations of the UAS.

6. UAS will only operate within a controlled area as defined in the procedures.

7. UAS PIC will post advisor notice around the controlled area.

8. UAS PIC will receive current info on the particular UAS to be operated as required.

9. If the UAS loses any communications link, it will have capability to return to launch.

10. The UAS will have the capability to abort a flight in case of obstacles or emergencies.

The name and contact information of the applicant are:

North American Robotics

PO Box 818

Prior Lake, MN 55372

Michael Vogt, PhD

952/917-9366

michael.vogt@narobotics.us
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Regulations from which the exemption is requested are as follows:

14 CFR Part 21

14 CFR 45.23(b)

14 CFR 91.7(a)

14 CFR 91.9(b)(2)

14 CFR 91.103(b)(2)

14 CFR 91.109

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 407(a) (1)

14 CFR 409(a) (2)

14 CFR 417(a) & (b)

Accordingly, the applicant respectfully requests that the FAA grant the requested exemption 

and are prepared to modify or amend any part of this request to satisfy the need for an 

equivalent level of safety. We look forward to working with your office. Please contact us at any 

time if additional information or clarifications are needed. 

Regards,

Dr. Michael C. Vogt

CEO Chief Scientist - North American Robotics

Appendices: 

A. Exemption Request and Equivalent Level of Safety 

B. Permission Form 
Petition for Section 333 Exemption, ©2015 North American Robotics Page 4 of 9

APPENDIX A

EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY

North American Robotics [LLC] requests an exemption from the following regulations as well as 

any additional regulations that may technically apply to the operation of its small UAS’s. 

14 CFR Part 21, Subpart H: Airworthiness Certificates 

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the 

issuance of airworthiness certificates as required by FAR §91.203(a) (1). Given the size and 

limited operating area associated with the aircraft to be utilized by the Applicant, 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 (49 U.S.C. §44701(f)) 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, or safer, than 

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

without the restrictions and conditions proposed. 

The UAS to be operated hereunder is less than 55 lbs fully loaded (typically under 10 lbs), 

carries neither a pilot nor passenger, carries no explosive materials or flammable liquid fuels, 

and operates exclusively within a controlled area as set out in the Procedures. Unlike other civil 

aircraft, operations under this exemption will be tightly controlled and monitored by the 

operator, pursuant to the Procedures requirements. 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 or flammable liquid 

fuels, and inability to carry a substantial external load. 

14 CFR § 45.23 (b). Marking of the Aircraft 

The regulation requires: 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. Even though the UAS will have no airworthiness certificate, an 

exemption may be needed as the UAS will have no entrance to the cabin, cockpit or pilot station 

on which the word "Experimental" can be placed. Given the size of the UAS, two-inch lettering 

will be impossible. The word "Experimental" will be placed on the fuselage in compliance with 

§45.29(f). The equivalent level of safety will be provided by having the UAS marked on its 

fuselage as required by §45.29(f) where the operator working with the UAS will see the 

identification of the UAS as "Experimental." The FAA has issued the following exemptions to 

this regulation to Exemptions Nos. 10700, 8738, 10167 and 10167 A, and 11783. 
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14 CFR §91.7(a): Civil Aircraft Airworthiness. 

The regulation requires that no person may operate a civil aircraft unless it is in airworthy 

condition. As there will be no airworthiness certificate issued for the aircraft, should this 

exemption be granted, no FAA regulatory standard will exist for determining airworthiness. 

14 CFR § 91.9(b) (2): Civil Aircraft Flight Manual in the Aircraft. 

Section 91.9(b) (2) provides: 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. The UAS, 

given its size and configuration has no ability or place to carry such a flight manual on the 

aircraft, not only because there is no pilot on board, but because there is no room or capacity to 

carry such an item on the aircraft. The equivalent level of safety will be maintained by keeping 

the flight manual at the ground control point where the operator flying the UAS will have 

immediate access to it. The FAA has issued the following exemptions to this regulation: 

Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 95658, 10167 and 10167A, 10602, 32827,

10700, and 11783. 

14 CFR § 91.103(b): Preflight Action 

This regulation requires that each pilot-in-command (PIC) shall, before beginning a flight, 

become familiar with all available information concerning that flight. This information must 

include — (b) for any flight, runway lengths at airports of intended use, and the following 

takeoff and landing distance information... 

As FAA approved rotorcraft flight manuals will not be provided for the aircraft and because 

runways are not needed for takeoff and landing operations, an exemption will be needed. An 

equivalent level of safety will be provided as set forth in Procedures. The operator will take all 

actions including reviewing weather, flight battery requirements, landing and takeoff locations 

and aircraft performance data before initiation of flight. 

14 CFR §91.109: Flight Instruction: 

Section 91.103 provides that 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. UASs and remotely piloted aircraft, 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. 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. See Exemption Nos.5778K , 9862A, and 11783. The equivalent level of 

safety provided by the fact that neither a pilot nor passengers will be carried in the aircraft and 

by the size and speed of the aircraft. 

14 CFR §91.119: Minimum Safe Altitudes 

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 (d) allows 

helicopters to be operated at less than the minimums prescribed, provided the person operating 

the helicopter complies with any route or altitudes prescribed for helicopters by the FAA. As 
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this exemption is for a UAS that is a helicopter and the exemption requests authority to operate 

at altitudes up to 400 AGL, an exemption may be needed to allow such operations. As set forth 

herein, except for the limited conditions stated in the Procedures, the UAS will not intentionally

operate at higher than 400 AGL. 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. In addition, the lowaltitude operations of the UAS will ensure separation between these small-UAS operations and 

the operations of conventional aircraft that must comply with Section 91.119. 

14 CFR §91.121: Altimeter Settings 

This regulation requires each person operating an aircraft to maintain cruising altitude by 

reference to an altimeter that is set "... to the elevation of the departure airport or an appropriate 

altimeter setting available before departure." As the UAS may not have a barometric altimeter, 

but instead a GPS altitude read out, an exemption may be needed. An equivalent level of safety 

will be achieved by the operator, pursuant to the Procedures and Safety Check list, confirming 

the altitude of the launch site shown on the GPS [or barometer] altitude indicator before flight. 

14 CFR § 91.151(a): Fuel Requirements for Flight in VFR Conditions 

Section 91.151(a) prohibits an individual from beginning "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." 

The battery powering the UAS provides approximately 40 minutes of powered flight. To meet 

the 30 minute reserve requirement in 14 CFR §91.151, UAS flights would be limited to 

approximately 10 minutes in length. Given the limitations on the UAS's proposed flight area 

and the location of its proposed operations within a predetermined area, a longer time frame for 

flight in daylight or night VFR conditions is reasonable. Applicant believes that an exemption 

from 14 CFR §91.151(a) falls within the scope of prior exemptions. See Exemption 10673 

(allowing Lockheed Martin Corporation to operate without compliance with FAR 91.151(a)). 

Operating the small UAS, in a tightly controlled area, with less than 30 minutes of reserve fuel, 

does not engender the type of risks that Section 91.151(a) was intended to alleviate given the 

size and speed of the small UAS. Additionally, limiting UAS flights to 10 minutes would greatly 

reduce the utility for which the exemption will be granted. Applicant believes that an 

equivalent level of safety can be achieved by limiting flights to 30 minutes or 15% of battery 

power whichever happens first. This restriction would be more than adequate to return the 

UAS to its planned landing zone from anywhere in its limited operating area. Similar 

exemptions have been granted to other operations, including Exemptions 2689F, 5745, 10673, 

10808, and 11783. 

14 CFR §91.203(a) and (b): Carrying Civil Aircraft Certification and Registration 

The regulation provides 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. The UAS fully loaded weighs no more than 
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55 lbs and is operated without an on board pilot. As such, there is no ability or place to carry 

certification and registration documents or to display them on the UAS. An equivalent level of 

safety will be achieved by keeping these documents at the ground control point where the 

operator flying the UAS will have immediate access to them, to the extent they are applicable to 

the UAS. The FAA has issued numerous exemptions to this regulation. A representative sample 

of other exceptions includes Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, 

10700, and 11783. 

14 CFR §91.405(a); 407(a) (1); 409(a) (2); 417(a) & (b): Maintenance Inspections 

These regulations require that an aircraft operator or owner "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... ," and others shall inspect or maintain the aircraft in compliance with Part 43. Given 

that these section and Part 43 apply only to aircraft with an airworthiness certificate, these 

sections will not apply to the applicant. Maintenance will be accomplished by the operator 

pursuant to the flight manual and operating handbook as referenced in the Procedures. An 

equivalent level of safety will be achieved because these small UASs are very limited in size and 

will carry a small payload and operate only in controlled areas for limited periods of time. If 

mechanical issues arise the UAS can land immediately and will be operating from no higher 

than 400 feet AGL. As provided in the Procedures, 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. Moreover, 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. 

Pursuant to 14 CFR Part 11, the following summary is provided for publication in the Federal 

Register, should it be determined that publication is needed: 

Applicant seeks an exemption from the following rules: 14 CFR §21, subpart H; 14 CFR 45.23(b); 14 

CFR §§ 61.113(a) & (b); 91.7(a); 91.9(b) (2); 91.103(b); 91.109; 91.119; 91.121; 91.151(a); 91.203(a) & 

(b); 91.405(a); 91.407(a) (1); 91.409(a) (2); 91.409(a) (2) & 91.417(a) & (b) to operate commercially a 

small unmanned vehicle (55lbs or less) for the purpose of inspection, monitoring, mapping land 

vegetation coverage, spatial mapping turbidity and water conditions, photographing attached equipment 

and engineering studies involving communication towers, wind turbine tower facilities and power 

transmission tower operations. Approval of exemptions allowing commercial operations of UASs will 

create a level of safety by reducing risk. Conventional tower structure inspections and associated tasks 

involve extreme risks to personnel physically climbing such structures and/or utilizing high rise 

equipment both of which create numerous and extreme risk to such personnel. In contrast, a UAS 

weighing fewer than 55 lbs and powered by batteries eliminates virtually all of that risk. The UAS will 

carry no passengers or crew and, therefore, will not expose personnel to any of the risks described above. 

The operation of small UASs, weighing less than 55 lbs, conducted in the strict conditions outlined above, 

will provide a 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 aircraft operate at slow speeds, close to the ground, and in a controlled environment. 
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Privacy 

All flights will occur over private or controlled access property with the property owner's prior 

consent and knowledge. The granting of this exemption request will provide innovative safety 

operations. 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 UAS in and 

pursuant to the Procedures appended hereto. 
Petition for Section 333 Exemption, ©2015 North American Robotics Page 9 of 9

Permission for NAR to Operate on Property

This letter is to provide written permission for Dr. Michael Vogt and/or designated staff from North 

American Robotics (NAR), PO Box 818, Prior Lake, MN 55372, to operate small experimental 

remote/control (R/C), robotic, and unmanned aerial systems (UASs) over and around the properties 

specified below with the specific purpose to gather aerial imagery and sensor data to support research 

and improve small UAS training and operations. 

NAR specializes in robotics and experimental instrumentation and measurement techniques. NAR have

been developing and testing small remote-control and robotic vehicles since 2010. All aircraft to be 

operated with be very small – less than 10 lbs (far less than the FAA requirements of 55 lbs). 

A pilot-in-command (PIC) will be designated and in control of the aircraft at all times. All operations will 

be executed within visible-line-of-sight between the aircraft and the PIC. A trained Visual Observer (VO) 

will also be present when required. The property owner will be notified prior to each day’s operations. 

By allowing NAR to operate, NAR will make available high-resolution [aerial] photography and other 

specialized imagery and sensing data that benefit your company or organization and local environmental 

studies, land management, and resource management efforts. As property owners you will also be able

to initiate requests to NAR for specific missions and imagery. No imagery of owners’ property, gathered 

by NAR, will be used or released without specific written permission from owners. 

In the course of operations, all participating staff will comply with all applicable local, state, and federal 

laws and regulations. All NAR flights and operations will comply with the rules for Small Unmanned 

Aircraft Systems (sUASs) as described by the U.S. Federal Aviation Administration (FAA). NAR’s carries 

UAS-specific liability insurance, and the very small size of the aircraft and their construction of mostly 

foam and light plastics make possibilities of damage very unlikely. All vehicles and aircraft will be 

painted and colored to be highly-visible for safety, and will be marked with NAR identification 

information. 

The undersigned representatives warrant and affirm that they have the authority to enter into this 

permission on behalf of the person, organization, entity, or corporation listed above their names. 

___________________________________________________________________________

By: _________________________________ Date: _______________________

Printed name _________________________

Title: _______________________________

North American Robotics

By: ____________________________________ Date: _______________________

 Dr. Michael Vogt

Title: President, NAR