Adam D. Bruski

Lambert Leser, Attorneys at Law

PO Box 835

Bay City, MI 48707

 abruski@lambertleser.com

September 26, 2015

U.S.	Department	of	Transportation,	Docket	Operations

West	Building	Ground Floor,	Room	W12-140

1200	New	Jersey	Avenue,	SE

Washington,	DC	20590

Dear	Sir	or Madam:

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

Act”)	 and	CFR	Part	11,	Michigan	Aerial	Imaging,	LLC	(“MAI”) whose	 address	is	801	E.	

Meadowbrook	 Drive,	 Midland,	 MI	 48642,	 owner	 and	 operator	 of	 Small Unmanned	

Aircraft	Systems	(“UAS”)	for	aerial	photography	and	video	for	the	real	estate	industry,

agriculture	industry,	construction	industry,	television	and	special	events	requests	to be

exempted	from	the	Federal	Aviation	Regulations	(“FAR”)	listed	below	so	that	MAI	may	

operate	UAS	commercially	in	airspace	regulated	by	the	FAA	as	long as	such	operations	

are	conducted	within	and	under	the	conditions	outlined	herein	or	as	maybe	established	

by	the	FAA	as	required	by	Section 333.

An	exception	is	being requested	because MAI can	provide a	level	of	safety this	is	equal	to	

those provided	 by existing rules, and	the request is	 in	the public interest.	 	 The FAA’s	

authority to	 issue exemptions	 from operating rules, and	 the Secretary’s	 authority	

granted	 by Section	 333 of	 P.L.	 112---95, Special	 Rules	 for Certain	 Unmanned	 Aircraft	

Systems, provide an	 opportunity to	 authorize certain	 UAS operations	 in	 the National	

Airspace System (“NAS”)	prior to	implementation	of	the UAS	rule.		This	incremental	step	

and	opportunity will allow MAI to	safely and	legally enter into	the NAS.	 All	operations	

will	be performed	with	the public’s	safety and	right to	privacy safeguarded	at	all	times.

As	described	below,	the	requested	exception	would	permit	the	operation	of	light weight	

(less	than	55	lbs.	total	takeoff	weight)	UAS	under	controlled	conditions in airspace	that	

is	 limited,	 predetermined,	 subject	 to	 controlled	 access,	 and	 would provide safety	

enhancements	 to	 the	 already	 safe	 operation	 of	 those	 aircraft	 of	 similar size, weight,	

speed	and	operating	capability	that	have	been	granted	entry	into	the	NAS	via	the	rules	

in	Academy	of	Model	Aeronautics	(AMA)	National	Safety Code.

MAI	UAS	are	rotorcraft	weighing	less	than	55	pounds	including payload	specifically	the	

DJI	Phantom	3	Professional	Copters.	They	operate	at	speeds	less	than 50 knots	and	have	

the	 capability	to	 hover	 and	 move	 in	the	 vertical	 and	 horizontal	 plane simultaneously.	

They	 also	 have	 an	 auto	 return	 to	 launch	 point	 when	 battery	 power is
under	25%.	The	UAS	will	operate	within	the	line	of	sight	with	in	a	protected	flight area	

as	described	below	and	at	200	feet	AGL	or	less	with	an	observer	located	close	at	hand	as	

to	 make	 voice	 communication	 possible.	 These	 operations	 will	 not	 create	 a	 hazard to	

users	of	the	nation	airspace,	public	nor	the environment.

MAI	respectfully	requests	the	grant	of	an	exception	to	the	following specific	sections	of	

the	 Title	 14	 Code	 of	 Federal	 regulations	 allowing	 it	 to	 operate lightweight	 UASs	 for	

commercial	use,

14	CFR	21,	subpart	H,	

14	CFR	45.23	(b)	

14	CFR	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)	&	(b).

MAI		submits	this	application	in	accordance	with	the	Reform	Act 112 P.L.	95 331---334,

seeking relief	 from any currently applicable FAR’S	 operating to	 prevent	 MAI future

commercial	 use of	 small UAS	to	 operate in	the national	 airspace system as	 described	

below.	 	 The Reform Act section	 332 provides	 for such	 integration	 of	 civil	 unmanned	

aircraft into	our national	airspace system as	it is	in	the	public’s	interest to	do	 so. MAI

UAS	 meet the definition	 of “small	 unmanned	 aircraft”	 as	 defined	 in	 Section	 331 and	

therefor the integration	of	these UAS	are expressly contemplated	by the Reform Act. MAI	

would like to	operate its	light weight UAS	prior to	the time period	by which	the Reform

Act requires	the FAA to	promulgate rules	governing such	aircraft.

The	 Reform	 Act	 directs	 the	 Secretary	 of	 Transportation	 to	 consider	 whether	 certain	

unmanned	aircraft	 systems	may	operate	 safely	in	national	airspace	before completion	

of	 the	 rule	 making	 required	 under	 Section	 332	 of	 the	 Reform	 Act.	 In	 making this	

determination,	the	Secretary	of	Transportation	is	required	to	determine	which	UAS do	

create	a	hazard	to	users	of	the	national	airspace	system	or	the	public	or	pose	a	threat to	

national	security	in	light	of	the following:

 The	UAS	size,	speed,	weight	and	operational	capability

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

 Operation	of	the	UAS	within	visual	line	of	sight	of	the operator

Reform	Act	333(a).	If	the	secretary	determines	that	such	vehicles	“may	operate safely in	

National	 Airspace	 System,	 the	 secretary	 shall	 establish	 requirements	 for	 the	 safe

operation	in	national airspace”.

MAI	UAS	are	rotorcraft	weighing	less	than	55	lbs.	and	they	operate at	speeds	less	than	

50	 knots	 and	 have	 the	 capability	 to	 operate	 in	 the	 vertical	 and	 horizontal	 plane	

simultaneously.	The	UAS	will	operate	only	within	the	line	of	sight	of	the	operator	within	

a	protected	flight	area	and	at	200	feet	AGL	or	less.	These	will not present	a	hazard	to	the	

national	airspace	nor	the public.
The	very	small	nature	of	these	UASs	combined	with	the	safe	guards	presented below, will	

allow	 for	 the	 safe	 operation	 greater	 than	 that	 envisioned	 by	 Congress	 for	the	 FAA	 to	

establish	 and	 by	 exemption	 allow	 commercial	 operations	 of	 UAS	 to	 commence

immediately.	Also	due	to	the	 size	of	UAS	and	the	areas	and	altitudes	they	will	operate

approval	of	this	exception	presents	no	national	 security	issues	and	absolutely minimal	

safety	 concerns	 which	 have	 been	 mitigated	 through	 our	 rigorous	 risk	 management

process.	Given	the	clear	direction	given	in	Section	333	of	the	Reform	Act,	the authority

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

enhanced	safety,	reduced	emissions	utilizing	UAS	verses	traditional	aircraft	as	well as	the	

economic	impact	of	 greatly	 reducing	the	 cost	of	 aerial	photography	thereby benefiting	

the	greater	public’s	interest.	Accordingly,	the	applicant	requests	that	the FAA grant	the	

requested	exemption	without	delay.

The	following	will	be	considered	as	the	binding	limitation	on	operations	of	MAI,

1. Flights	will	only	occur	in	the	day	time	hours,

2. Flights	 will	 be	 operated	 in	the	 line	 of	 sight	 of	the	 operator	(PIC)	 and	Observer,

(VSO)

3. Flights	will	be	terminated	at	any	time	weather	and	wind	deteriorate	to	“unsafe	

for flight”	by	manufacturers	recommendations,

4. The	UAS	will	weigh	less	than	55 lbs.,

5. Flights	will	be	operated	at	200	feet	AGL	or less.

6. Crew	will	be	at	a	minimum	of	operator	(PIC)	and	an	observer	and/or

camera	operator(VSO),

7. Operator	and	crew	will	remain	in	contact	during	the	flight	operation,

8. The	UAS	operator	will	perform	a	check	of	the	flight	area	and	make	certain	of	

the safety	of	all	persons	in	the	area,

9. Consent	will	 be	 obtained	from	 all	 persons	with	 in	the	 video	 capabilities	 of	the	

units to	further	reduce	the	chance	of	violating	anyone’s	privacy.

10. All	 required	 FAA	 clearances,	will	be	 obtained	 and	 distances	from	 airports	

strictly observed.

11. All	UAS	will	have	the	capability	to	return	automatically	to	the	operator	in	a

safe manner	with	the	auto	return	function	checked	and	working.

12. Flights	will	only	operate	in	VFR	conditions.

13. UAS	have	a	function	on	the	control	to	tell	operator	the	distance	away	from	

the operator	and	its	battery	power	remaining.

14. Flight team will	communicate by voice and	the use of	two---way radio	if	the area	is	

too	large	to	hear voice from all	team members.

15. UAS	will	be	used	to	video	private	outings	and	functions,	boating,	kayaking

and	sporting	events	from	a	safe distance.

16. When	 operating	 over	 or	 near	 water	 the	 UAS	 will	 be	 equipped	 with	 flotation	

devices	so	that	recovery	can	be	made	as	to	prevent	lithium	battery	exposure	to	

the water table.
4

14	CFR	part	21	Subpart	H:	Airworthiness	Certificate	14	CFR	91.7(a),	91.203(a)(1)

Subpart	H,	entitled	Airworthiness	Certificates,	sets	forth	requirements	for	procurement of	

necessary	certificates	in	relation	to	FAR	91.203(a)(1).	The	size,	weight	and defined	area	of	

operations	 for	 MAI	 UAS	 flights	 permits	 exception	 from	 Part	 21 because	 they	 meet	 an	

equivalent	level	of	safety	pursuant	to	Section	333	of	the	Reform Act.	The	FAA	is	authorized	

to	exempt	aircraft	from	the	airworthiness certificate requirement	under	both	the	Act	(49	

USC	4470(f)	and	Section	333	of	the	Reform	Act.

Both	pieces	of	legislation	permit	the	FAA	to	exempt	UAS	from	airworthiness certificates	in	

consideration	 of	 weight,	 size,	 speed,	 maneuverability	 and	 proximity	 to	 areas	 such	 as	

airports	and	dense	populations.	MAI	meets	or	exceeds	each	of	these elements

As	of	March	23,	2015	the	FAA	has	stated	that	it	will	automatically	grant	a	“blanket” COA for	

flights	at	or	under	200	AGL	to	any	UASs	operator	with	a	section	333 exemption.

14	 CFR	 91.203(a	 &	 b)	 provides	 for	 carrying	 of	 civil	 aircraft	 certifications	 and	

registrations.	These	 are	 inapplicable	for	the	 same	 reasons	 stated	 above.	The	 equivalent

level	of	safety	will	be	achieved	by	maintaining	such	certifications	and	registrations	at	MAI	

operations	center.

14CFR91.7	(a)	prohibits	the	operation	of	an	aircraft	without	an	airworthiness	certificate.	

As	no	such	certificate	will	be	applicable	in	the	form	contemplated	by	FAR’s	this	regulation	

is inapplicable.

14	CFR	91.9(b)(2)	Civil	Aircraft	Flight	Manual	in Aircraft

14	CFR	91.9(b)(2)	requires	an	aircraft	flight	manual	in	the	aircraft.	As	there	are no	pilots	

or	passengers,	and	given	the	size	of	the	UASs	this	regulation	is	inapplicable. An	equivalent	

level	of	safety	will	be	achieved	by	maintaining	such	certifications and	registrations	at	MAI	

operations	center.

The	 FAA	 has	 previously	 issued	 exemptions	 to	 this	 regulation	 in	 Exemptions No’s	

8607,8737,8738,9299,9299A,9565,9565B,10167,10167A,10602,10700	and 32827.

14 CFR	 91.119 Minimum safe altitudes, prescribes	 safe altitudes	 for operation	 of	 civil	

aircraft.	It allows	helicopters	to	be operated	at	lower altitudes	in	certain	conditions.	MAI

will	only operate its	UAS	 at	or below 200AGL.	 	 They will	be operated	on	 a	well---defined	

AOR	 that	 has	 been	 carefully reviewed	 for hazards	 and	 minimizes	 the	 presence of	 any

persons	not essential	for these operations.	Flights	will	only be over	private property with	

the owner’s	 permission	 and	 with	 all	 persons	 within	 this	 video	 area	 also	 giving their

consent for this	 filming.	 Compared	 to	 flight operations	 of	 conventional	 and	 traditional	

aircraft or rotorcraft weighing far more than	 50 lbs., operating below 500	 AGL	 with	

flammable fuel, UAS	operations	present a	far smaller risk to	the public.
5

14	C.F.R.	§	61.113(a):	Private	Pilot	Privileges	and	Limitations:	Pilot	in	Command.

Pursuant	to	14	CFR	61.113	(a),	no	person	who	holds	a	private	pilot	certificate	may	act	as	a	pilot	in

command	 of	 an	 aircraft	that	 is	 carrying	 passengers	 or	 property	for	 compensation	 or	 hire.	 MAI’s	

small	UAS	do	not	carry	any	pilots	or	passengers	nor	property	therefore	it	is	seeking	an	exemption	

to	14	CFR	61.113(a).	Although helpful,	a	pilot's	license	will	not	ensure	remote	control	piloting	skills.	

The	 risks	 attendant	to	the	 operation	 of	 small	UAS	is	far	 less	than	the	 risk	levels	 inherent	in	the	

commercial	activities	outlined	in	14	CFR	61.	MAI	believes	the	operation	and	limitations	set	forth	in	

the	FOM	will	equate	to	the	safe	operation	of	the	small	UAS.

Approval	of	these	333	Exemptions	allowing	commercial	operations	of	small	UAS	in the service	of	

aerial	 photography	 will	 greatly	 enhance	 safety	 by	 reducing	 the	 overall risk associated	 with	

traditional	aircraft.	Traditional	aerial	photography	requires	large aircraft with	flammable	fuel	to	fly	

in	close	proximity	of	populated	areas	and	people	in general.		With	the	use	of	small	UAS	of	55	lbs.	or	

less,	battery	operated	and	fling	below	200 feet AGL	the	risk	of	injury	of	people	on	the	ground	or	the	

crew	has	been	greatly	reduced and	almost eliminated.

Granting	MAI	the	above	exemption	will	allow	for	the	expansion	of UAS	into	the	future	for	

the	safe	conduct	of	free	enterprise	and	the	enjoyment	of the masses.

MAI	 respectfully	 requests	the	 FAA	 grant	 its	 exception	without	 delay. The FAA	 has	the	

authority	to	issue	the	exemption	sought	by	MAI	pursuant	to	the	Federal	Aviation	Act,	85	

P.L.	726	(1958)	as	amended.

Respectfully,

LAMBERT LESER

Adam D. Bruski

Attorneys for Michigan Aerial Imaging, LLC