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 exce ption	is	b e in g re qu e s te d b ec aus e MAI c an p r ovid e a	l eve l of saf ety this	is e qual	to thos e p r ovid e d b y exi s tin g rul e s, and th e re qu e s t is in th e publi c intere st. Th e FAA’ s autho rity to issu e exem ptions f r o m op eratin g rul e s, and th e S ecretary’ s autho rity grante d b y S ection 333 of P .L. 112

---95, Sp ec ial Rul e s fo r C ertain U n m ann e d Ai rcraf t S ys tem s, p r ovid e an opportunity to autho ri ze certain UAS op erations in th e N ational Ai r sp ace S ystem (“NA S”) p rio r to i m pl eme ntation of th e UA S rul e
. This in creme ntal s te p and oppo rtunity will allo w MAI to saf e ly and l egally e nter into th e NA S. All op erations will	b e p erfo rme d with	th e publi c’ s	saf ety and ri ght to	p rivacy saf egu ar d e d	at	all	ti me s. 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 isunder 25%. The UAS will operate within the line of sight with in a protected flight area

as	described	below	and	at	200	f eet	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 th e 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 s ubmits this application in accordance with the Reform Act 112 P.L. 95 331

--- 334, s eekin g re li e f f

r o m any c u rre ntly appli c abl e FAR’ S op eratin g to p reve nt MAI futu re c o mmerc ial us e of s m all UA S to op erate in th e national ai r sp ace system as d e s crib e d b e lo w
. Th e Re fo rm Act s ection 332 p r ovid e s fo r su ch integration of c ivil un m ann e d ai rcraf t into ou r national ai r sp ace sys tem as it is in th e publi c’ s intere s t to do so. MAI UA S meet th e d e finition of “s m all un m ann e d ai rcraft” as d e fin e d in S ection 331 and th ere fo r th e integration of th e s e UA S are exp re ssly c ontem pl ate d b y th e Re fo rm Act. MAI would li ke to op erate its li ght we i ght UA S p rio r to th e ti me p eriod b y whi ch th e Re fo rm Act re qui re s	th e FAA to	p r o m ul gate rul e s governin g su ch	ai rcraft. 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 3 32 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	airspa ce	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 ou r 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	followi ng	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 capabiliti es 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 mann er	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. Fli ght team will c o mm uni cate b y voi ce and th e us e of two ---way radio if	th e are a	is too	large	to	h ear voi ce f r o m 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 Airworthines s 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 re asons 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	certifi cate	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 E xemptions No’s 8607,8737,8738,9299,9299A,9565,9565B,10167,10167A,10602,10700	and 32827.
14 CF R 91

. 119 Mini m u m saf e altitud e s, p re s crib e s saf e altitud e s fo r op eration of c ivil ai rcraft. It allo ws h e li c op ter s to b e op erate d at lo wer altitud e s in certain c onditions. MAI will only op erate its UA S at o r b e lo w 200AG L. Th ey will b e op erate d on a wel l

--- d e fin e d A O R th at has b ee n care fully revi ewe d fo r h azar ds and m ini m i ze s th e p re s e n ce of any p ersons no t e ss e ntial fo r th e s e op erations. Fli ghts will only b e over p rivate p r op erty with th e o wn er’ s p erm ission and with all p ersons within this vid e o are a also givin g th e i r c ons e nt fo r this fil m ing
. Co m p are d to fli ght op erations of c onve ntional and traditional ai rcraf t o r r oto rcraf

t we i ghin g f

ar m o re than 50 lbs. , o p eratin g b e lo w 500 AG L with fl amm abl e fu e l, UA S	op erations	p re s e nt a	f ar s m all er ris k to	th e publi c
.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	b elow	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