U.S. Department of Transportation

Docket Management System 1200 New Jersey Ave., SE Washington, D.C. 20590
Re: Exemption Request Pursuant to Section 333 of the FMRA and Part 11 of the Federal Aviation Regulations, Seeking Exemption from 14 C.F.R. § 45.23(b): 14 C.F.R. § 45.27; 14 C.F.R. §§ 61.23(a) and (c): 14 C.F.R. §§ 61.1040(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. § 91.119(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).
Dear Sir or Madam: Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 ("FMRA") and 14 C.F.R. Part 11, Detroit Aircraft Corporation ("DAC" or "Petitioner") hereby requests to be exempted from the listed Federal Aviation Regulations ("FARs") and any other necessary regulations to allow operation of its small UAS for the establishment of a UAS pilot and maintenance training program. DAC's operations will be conducted pursuant to the detailed parameters described herein.

OVERVIEW OF OPERATIONS DAC seeks authority to operate UAS in connection with a UAS pilot and maintenance training program. This program would train interested students in the vocational skills necessary to pursue a career in UAS piloting and maintenance. Possible participants in the program include Military Veterans, economically disadvantaged people from the city of Detroit, public safety personnel, and first responders, and other individuals wishing to gain valuable skills in the emerging UAS industry. UAS operations would be conducted by appropriately trained students. An instructor holding either an airline transport, commercial, private, recreational or sport pilot certificate would lead the course and directly supervise all UAS flights. UAS training flights would occur on property where the owner or relevant local authority had given approval to operate. The airspace used will be limited to Class G airspace and UAS flights will be restricted to no higher than 400 feet above ground level ("AGL"). The UAS will yield right of way to manned aircraft at all times. All UAS operations will occur within the visual line-of-sight of the pilot and only occur during daytime. A detailed list of operating parameters is included in Section VI, below.

1II. THE UAS

DAC proposes to use UAS weighing less than 55 lbs. DAC will be using:
1. The Indago quadcopter manufactured by Lockheed Martin Procerus Technologies, a small UAS weighing 4.85 pounds with a 200 g payload;
2. The DJI Inspire 1, a small UAS weighing 2935 g (battery included); and
3. The DJI Phantom 3, a small UAS weighing 1280 g (including battery and propellers). These UAS include numerous safety features which will help ensure safe operations and protect people on the ground. The UAS have failsafes and procedures for an aborted or emergency landing, intermittent or loss of communications, GPS failure, and low battery. These features will help ensure that DAC will operate UAS in a manner protecting the safety of aviation and the public.
III. PUBLIC INTEREST BENEFITS OF GRANT OF THIS PETITION Grant of DAC's petition is decidedly in the public interest. Grant of this petition would further Congress's goal of integrating civil UAS into the NAS safely and soon. First, the proposed UAS operation poses no credible threat to national security due to the aircraft's size, speed, location of operation, lack of explosive materials or flammable jet fuels, and inability to carry a substantial external load. Second, DAC's proposed UAS training program will give participants the opportunity to learn about safe aviation, piloting, and UAS maintenance. Third, it will benefit the public to have trained operators piloting the UAS. Accordingly, grant of this petition is warranted.
IV. THE FAA'S LEGAL AUTHORITY TO GRANT THIS PETITION Section 333 directs the Secretary of Transportation to consider whether certain UAS may operate safely in the NAS before completion of the rulemaking required under Section 332 of the FMRA. The Secretary is required to determine which types of UAS do not create a hazard to users of the NAS or the public or pose a threat to national security in light of the UAS's size, weight, speed, and operational capability and whether operation will occur near airports or populated areas and within the visual line-of-sight of the operator.' The FMRA illustrates Congress's intent to have the FAA issue exemptions and allow civil UAS, so long as they operate within the necessary safety parameters.

FAA Modernization and Reform Act of 2012, Pub. L. No. 112-95, 126 Stat. 75-76 (codified as a Note to 49 U.S.C. § 40101). 2The Federal Aviation Act also expressly grants the FAA the authority to issue exemptions. This

statutory authority by its terms includes exempting civil aircraft, as the term is defined under Section 40101 of the Act, which includes UAS, from the requirement that all civil aircraft must have a current airworthiness certificate. The Administrator may grant an exemption from a requirement of a regulation prescribed under Section 44701(a) or (b) or in Sections 44702-44716 of the Act if the Administrator finds the exemption in the public interest. Grant of this exemption request will help the FAA to fulfill Congress' goal in passing Section 333 of the FMRA.

V. APPLICANT INFORMATION The name and address of the applicant is: Detroit Aircraft Corporation Jon Rimanelli 11499 Conner Street Detroit, MI 48213 (313) 478-4858 Regulations from which the exemption is requested: 14 C.F.R. § 45.23(b); 14 C.F.R. § 45.27; 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. § 91.119(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).

VI. OPERATING PARAMETERS DAC proposes that its exemption request apply to civil UAS that have the characteristics and operate with the limitations listed herein. These limitations provide for at least an equivalent or even higher level of safety to operations under the current regulatory structure because the

2 49 U.S.C. § 44701 (f). See also 49 U.S.C. § 44711(a);49 U.S.C. § 44704; 14 C.F.R. § 91 .203(a)(1). 3'proposed operations represent a safety enhancement to the already safe operations conducted

with conventional aircraft. The limitations and conditions to which DAC agrees to be bound when using UAS under an FAA-issued exemption include:

1. UAS operations will be supervised by a pilot-in-command ("PIC") holding either an airline transport, commercial, private, recreational or sport pilot certificate and a current FAA airman medical certificate or a valid U.S. driver's license issued by a state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal government. UAS flights will be conducted by qualified student pilots.
2. The operator may not permit any PIC to operate unless the PIC demonstrates the ability to safely operate the UAS in a manner consistent with how the UAS will be operated under this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures.
3. UAS may not be flown at ground speeds exceeding 87 knots.
4. Flights will be operated at an altitude of no more than 400 feet AGL. 3
5. UAS must be operated within visual line-of-sight ("VLOS") of the pilot at all times.
6. All operations must utilize a visual observer ("VO"). The UA must be operated within the VLOS of the PIC and VO at all times.
7. The operator is responsible for maintaining and inspecting the UAS to ensure that it is in a condition for safe operation.
8. Prior to each flight, the PIC must conduct a pre-flight inspection and determine the UAS is in a condition for safe flight.
9. The operator must follow the UAS manufacturer's maintenance, overhaul, replacement, inspection, and life limit requirements for the aircraft and aircraft components and comply with all manufacturer safety bulletins.
10. UAS operations may not be conducted during night, as defined in 14
Petitioner notes that the FAA's current policy is to issue a blanket Certificate of Waiver or Authorization ("COA") to Section 333 exemption holders for flights at or below 200 feet. If this petition is granted, Petitioner will operate below 200 feet in accordance with the terms of this "blanket" exemption. DAC may file for a separate COA to operate over 200 feet. 4C.F.R. § 1.1. All operations must be conducted under visual meteorological conditions ("VMC"). Flights under special visual flight rules ("SVFR") are not authorized.
11. The UA may not operate within 5 nautical miles of an airport reference point ("ARP") as denoted in the current FAA Airport/Facility Directory ("AFD") or for airports not denoted with an ARP, the center of the airport symbol as denoted on the current FAA-published aeronautical chart, unless a letter of agreement with that airport's management is obtained or otherwise permitted by a Certificate of Waiver or Authorization ("COA") issued to the exemption holder. The letter of agreement with the airport management must be made available to the Administrator or any law enforcement official upon request.
12. If the UAS loses communications or loses its GPS signal, it must return to a pre-determined location within the planned operating area.
13. The PIC must abort the flight in the event of unpredicted obstacles and emergencies.
14. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough available power for the UA to conduct the intended operation and to operate after that for at least five minutes or with the reserve power recommended by the manufacturer if greater.
15. All operations shall be conducted in accordance with an ATO-issued COA.
16. All aircraft operated in accordance with this exemption must be identified by serial number, registered in accordance with 14 CFR part 47, and have identification (N—Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must be as large as practicable.
17. The UA must remain clear and give way to all manned aviation operations and activities at all times.
18. All flight operations will be conducted as far as practicable from all nonparticipating persons, vessels, vehicles, and structures unless such persons, vessels, vehicles, and structures have granted permission for operating closer and the PIC has made a safety assessment of risk of operating closer and determined that it does not present an undue hazard.
19. All operations shall be conducted over private or controlled-accessproperty with permission from the property owner/controller or authorized representative.

VII. SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH DAC SEEKS AN EXEMPTION DAC requests exemption from the following FARS to the extent necessary to enable the requested UAS operations for the reasons detailed below.
A. 14 C.F.R. § 45.23(b) Display of marks; general; 14 C.F.R. § 45.27 Location of marks; non-fixed wing aircraft Section 45.23(b) requires markings in letters not less than 2 inches nor more than 6 inches high with the word "experimental," as applicable. Section 45.27 requires that each operator of a rotorcraft must display on that rotorcraft horizontally on both surfaces of the cabin, fuselage, boom, or tail the marks required by § 45.23. Given the size of the UAS, two-inch lettering will not be feasible. The UAS will also have no entrance to the cabin, cockpit, or pilot station on which the word "experimental" can be placed. The markings will be displayed on the aircraft, as applicable, in letters of legible size, in a location where the pilot, observer, and others working with the UAS will see the identification. The FAA has issued exemptions to § 45.23 in Exemptions Nos. 10700, 8738, 10167, 10167A, and 11062. The FAA issued an exemption to 45.27 in Exemption No. 8496B.
B. 14 C.F.R. §§ 61.23(a) and (c) Medical certificates: Requirement and duration; 14 C.F.R. §§ 61.101(e)(4) and (5) Recreational pilot privileges and limitations; 14 C.F.R. §§ 61.113(a) Private pilot privileges and limitations; 14 C.F.R. § 61.315(a) What are the privileges and limits of my sport pilot certificate. Because the UAS will not carry a pilot or passengers, the proposed operations can achieve the equivalent level of safety for its UAS operations by requiring the PIC operating the aircraft to have either an airline transport, commercial, private, recreational or sport pilot certificate and a current FAA airman medical certificate or a valid U.S. driver's license. Unlike a conventional aircraft that carries the pilot and passengers, the UAS is remotely controlled with no living thing on board. The level of safety provided by the operating parameters exceeds that provided by a single individual holding a commercial pilot's certificate operating a conventional aircraft. The risks associated with the operation of the UAS are so diminished from the level of risk associated with commercial operations that was contemplated by Part 61 when it was drafted, that allowing operations of the UAS as requested with a private pilot as the PIC exceeds the present level of safety achieved by the above cited rule sections. The FAA issued an exemption to this regulation in Exemption No. 11210, among others.
C. 14 C.F.R. § 91.7(a) Civil Aircraft Airworthiness

6Petitioner seeks an exemption from 14 C.F.R. § 91.7(a), which requires that a civil aircraft be in

airworthy condition to be operated. The FAA has stated that no exemption is required to the extent that the requirements of Part 21 are waived or found inapplicable. Accordingly, Petitioner requests 

### that the requirements for Section 91.7 be treated in accordance with Section VII(A), supra. D. 14 C.F.R. § 91.119(c) Minimum safe altitudes over congested and other areas Section 91.119(c) establishes safe altitudes for operation of civil aircraft over areas other than congested areas. DAC requests relief from this section with respect to those participating persons, vehicles, and structures directly involved with operations under the proposed exemption. The UAS will never operate at higher than 400 AGL. Relief from this provision is warranted as operations will be conducted with the safety provisions as outlined herein. The FAA issued an exemption to this regulation in Exemption No. 11062.
E. 14 C.F.R. § 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." This requirement is inapplicable to DAC's UAS, which have electronic GPS and/or a barometric altimeter. To the extent that an exemption from this requirement is necessary, DAC notes that an equivalent level of safety will be achieved by the operator using the onboard GPS. In addition, the aircraft's altitude will be visually monitored by the PIC and VO. The FAA issued an exemption to this regulation in Exemption No. 11166.
F. 14 C.F.R. § 91.151(a)(1) Fuel requirements for flight in VFR conditions Section 91.151(a)(1) 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." Complying with the 30



### - minute reserve requirement in 14 C.F.R. § 91.151(a)(1) would unnecessarily limit the length of DAC's UAS flights. Given the limitations on the UAS's proposed flight area, a longer time frame for flight in daylight conditions is reasonable. Operating the small UAS in controlled areas does not engender the type of risks that § 91.151(a)(1) was intended to alleviate given the size and speed of the small UAS. Additionally, limiting UAS flight minutes would reduce the utility of the flights for which the exemption will be granted. DAC believes that an equivalent level of safety can be achieved by prohibiting the PIC from beginning a flight unless there is enough available power for the UAS to conduct the intended operation and operate after that for at least 5 minutes or with the reserve power recommended by the manufacturer, if greater. The FAA issued an exemption to this regulation under similar restrictions in Exemption No. 110109.

7G. 14 C.F.R. § 91.405(a) Maintenance required; 14 C.F.R. § 91.407(a)(1) Operation after maintenance, preventive maintenance, rebuilding or alteration; 14 C.F.R. §§ 91.409(a)(1) and (2) Inspections; 14 C.F.R. §§ 91.417(a) and (b) Maintenance records 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 sections and Part 43 apply only to aircraft with an airworthiness certificate, these sections will not apply to DAC. Maintenance will be accomplished by the operator pursuant to the manufacturer's requirements. An equivalent level of safety will be achieved because these small UAS 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. The operator will ensure that the UAS is in working order prior to initiating flight. 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. The FAA issued an exemption to these regulations in Exemption No. 11062.
H. Such other relief as the FAA deems appropriate to enable the requested operations. DAC also requests exemption from such other FARS as the FAA deems appropriate to enable the requested operations. If, during the effective dates of any Grant of Exemption issued pursuant to this Petition, the FAA issues interim or final rules for small UAS, DAC requests that it be relieved of the requirements of any conditions and limitations of said exemption and allowed to comply with any less burdensome applicable regulations that may have become effective. 

### VIII. SUMMARY TO BE PUBLISHED IN FEDERAL REGISTER Petitioner: Detroit Aircraft Corporation Sections of 14 C.F.R. Affected: 14 C.F.R. § 45.23(b); 14 C.F.R. § 45.27; 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. § 91.119(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). Description of Relief Sought: Petitioner seeks relief from the requirements of 14 C.F.R. § 45.23(b); 14 C.F.R. § 45.27; 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. § 91.119(c); 14 C.F.R. 8§ 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) to conduct small unmanned aircraft systems (UAS) operations in connection with a UAS pilot and maintenance training program.

IX. CONCLUSION For the foregoing reasons, DAC respectfully requests that the FAA grant this petition for exemption. DAC's UAS training program will benefit the public. This petition also satisfies the criteria found in Section 333 of the FMRA regarding size, weight, speed, operating capabilities, proximity to airports and populated areas, operation within visual line-of-sight, and national security. Please do not hesitate to contact DAC's outside counsel, R. Michael Senkowski at 202-719-7249 or msenkowski@wileyrein.com , Anna M. Gomez at 202-719-7261 agomez@wileyrein.com , or Katy Ross at 202-719-7410 or kmross@wileyrein.com , or Gary Michel at 202-719-7252 or gmichel@wileyrein.com , with any questions about this filing.

Sincerely, 

# FR. AA A \ i Jon Rimanelli
CEO

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