1

June 19 th , 2015

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. Part 21 Subpart H; 14 C.F.R. § 21.191(a); 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).

Dear Sir or Madam:

Detroit has a strong aviation history. The original Detroit Aircraft Corporation was the largest in the world before being shuttered by the Great Depression. As the Arsenal of Democracy, Detroit built U.S. aircraft for W orld W ar II, mo st famously the B

- 24 bomber, and also the Avenger and the Sikorsky R

- 6A helicopter, among othe rs. Now, Detroit Aircraft , L

. L

. C

. (“DAC” or “Petitioner”) is well

- positioned to innovate with an emerging aviation technology

— U nmanned A ircraft S ystems (“UAS”) . The UAS industry could be the next big area of technological innovation and economic growth. Analysts estimate that 12% of an estimated $98 billion spent on UAS in the next decade will be in the commercial market. 1 Toda y’s UAS operations could lead to a robust economic future for Detroit tomorrow.

The new Detroit Aircraft is helping lead the way for the future of UAS and Detroit as the UAS capital of America in a number of ways: (1) DAC is a manufacturer of precision

- grade 1 UAS currently being used by fire departmen t, police, and first responders; (2 ) DAC is part of a coalition seeking to convert Detroit’s Coleman Young Airport into a UAS and intelligent vehicle
tes ting center; and, (3 ) with the exemption request des cribed below, DAC is seeking to extend these ongoing activities into the commercial UAS sector through research and development (“R&D”) and provision of commercial services under the limitations deemed necessary by the FAA to protect manned aircraft and th e public.

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (“FMRA”) and 14 C.F.R. Part 11, DAC hereby requests to be exempted from the listed Federal Aviation Regulations (“FARs”) and any other necessary regulations to allow operati on of its sma ll UAS for aerial data collection. DAC plans to use UAS for infrastructure and property inspections, flight training and demonstrations, and agricultural photography and mapping. This request is substantially similar to other aerial data col lection petitions previous ly approved, and should be considered under the expedited summary grant procedure.

1 Travis Hoium, “Will 2015 Finally Be the Year of the Drone?” Motley Fool, Jan. 5, 2015 available at http://www.fool.com/investing/general/2015/01/05/will

- 2015

- finally

- be

- the

- year

- of

- the

- drone.aspx

.2

I. OVERVIEW OF OPERATIONS

DAC proposes to conduct research and development (“R&D”) and commercial operations using UAS

. The R& D will focus primarily on payload integration, automated obstacle avoidance, and alternate communications protocols. Through this R&D, DAC will gather valuable information on the safe use of UAS and will help advance the FAA’s goals of integrating UAS int o the National Airspace System (“NAS”).

DAC also proposes to conduct c ommercial operations for the purposes of conduct ing infrastructure and property inspections for clients . These inspections may occur over bridges, power lines, towers, and other larg e structures. DAC will also assist clients in the agriculture industry with photography and mapping. In addition, DAC may operate UAS under this exemption to conduct train ing and flight demonstrations. Use of UAS for these functions is far safer than th e risks presented by use of manned aircraft or human inspectors who may have to climb on structures.

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 U AS 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 V I, below.

II. 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 we ighing 2935 g (battery included); and

3. The DJI Phantom 3, a small UAS weighing 1280 g (including battery and propellers).

The se UAS in clude numerous safety features which will help ensure safe operations and protect people on the ground. The UAS have fai lsafes 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 BENE FITS OF GRANT OF THI S PETITION

G rant of DAC’s petition is decidedly in the public interest. G rant 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, careful, controlled testing, training, and operations now will result in safer UAS operation later. DAC will be able to refine best practices for using UAS in urban3

areas and help ensure safety to other aircraft and the general public. Third , DAC’s proposed commercial operations for infrastru cture inspections will minimize the risk associated with human inspections or manned aircraft to perform hazardous work. Fourth , using UAS is less expensive than the manned aircraft used today for many of these functions , and can in some cases offer cost

- effective capabilities for completing tasks where no solutions exist today

. DAC’s requested operations will help realize the se commercial and consumer benefits of using UAS.

IV. THE FAA’S LEGAL AUTH ORITY TO GRANT THIS PETITION

Section 333 directs the Sec retary 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. 2 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.

T he Federal Aviation Act also expressly grants the FAA the authority to issue exemptions. This
stat utory authority by its terms includes exempting civil aircraft, as the term is defined under Section 40101 of the Act, which includes UAS, from the requiremen t 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 ex emption in the public interest. 3 Grant of this exemption request will help the FAA to ful fill Congress’ goal in passing Section 333 of the FMRA.

V. APPLICANT INFORMATIO N

The name and address of the applicant is:

Detroit Aircraft , L.L.C. Jon Rimanelli 11499 Conner Street Detroit, MI 48213 (313) 478

- 4858

Regulations from which the exemption is requested:

14 C.F.R. Part 21 Subpart H; 14 C.F.R. § 21.191(a)

2 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).

3 49 U.S.C. § 44701 (f). See also 49 U.S.C. § 4471I(a);49 U.S.C. § 44704; 14 C.F.R. § 91 .203(a)(l).4

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 proposed operation s represent a safety enhancement to the already safe operations conducted with conventional aircraft.

The limitations and conditions to which DAC agrees to be bou nd when using UAS under an FAA

- issued exemption include:

1. UAS operations will be conducted 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 Colu mbia, Puerto Rico, a territory, a possession, or the Federal government.

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
approp riate distances from persons, vessels, vehicles and structures.

3. UAS may not be flo wn at ground speeds exceeding 87 knots.

4. Flights will be operated at an altitude of no more than 400 feet AGL. 4

5. UAS must be operated within visual line

- of

- sight (“VLOS”) of the pilot at all times.

4 Petitioner notes that the FAA’s current policy is to issue a blanket Certificate of Waiver or Author ization (“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.5

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 condi tion 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 li mit 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 C.F.R. § 1.1. All operations must be conducted under visual meteorological cond itions (“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 enf orcement 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) the re 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 structu res unless such persons, vessels, vehicles, and6

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

- access property 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 e xtent necessary to enable the requested UAS operations for the reasons detailed below.

A. 14 C.F.R. Part 21 Subpart H including 14 C.F.R. § 21.191(a).

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of airworthiness certificates. Given the size , weight, speed, and operational capability of the aircraft to be utilized, an exemption from Part 21 Subpart H meets the requirements of an equivalent level of safety under 14 C.F.R. Part 11 and Section 333 o f the Reform Act. The Federal Aviation Act 5 and Section 333 of the FMRA 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 proposed environments and under the conditions proposed will be at least as sa fe, 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 5 pounds including payload, carries neither a pilot nor passenger, carries no explosive materials or flammable liquid fuels, and will operate exclusively within the parameters stated in the grant of exemption

. O perations under this exemption will be tightly controlled and monitored by the operator. The FAA will have advance notice of all operations via NOTAM s

. Finally, these UAS, as a result of their size, weight, speed, operational capability, and operation within visual line

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- sight do not create a hazard to users of the NAS or th e public or pose a threat to national security.

DAC also seeks relief from the requirements of 14 C.F.R. § 21.191(a) regarding experimental certificates for the same reasons as listed above. Given the size and limited operating area of the UAS to be used, an exemption from this provision meets the requirements of an equivalent level of safety under 14 C.F.R. Part 11 and Section 333 of the FMRA.

B. 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

5 49 U.S.C. § 44701(f).7

rotorcraft must display on that rotorcraft horizontally on both su rfaces 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” c an be placed. The word “experimental” 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 § 4 5.23 in Exemptions Nos. 10700, 8738, 10167, 10167A, and 11062. The FAA issued an exemption to 45.27 in Exemption No. 8496B.

C. 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 pilo t 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 oper ations can achieve th e 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 certific ate 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 safe ty 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 6 1 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, a mong others.

D. 14 C.F.R. § 91.7(a) Civil Aircraft Airworthiness

Petitioner 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 t he 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

.

E. 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 direc tly involved with R&D and commercial operations . 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 her ein . The FAA issued an exemption to thi s regulation in Exemption No. 11062.

F. 14 C.F.R. § 91.121 Altimeter Settings8

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 setti ng available before departure.” This requirement is inapplicable to DAC’s UAS, which have electronic GPS and/or a barometric altimeter. T o the extent that an exemption from this requirement is necessary, DAC notes that a n 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 r egulation in Exemption No. 11166

.

G. 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 aft er 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 area s does not engender the type of risks that § 91.151(a) (1) was int ended to alleviate given the size and speed of the small UAS. Additionally, limiting UAS flight minutes would reduce th e utility of the flights for which the exempt ion will be granted. DAC believes that an equivalent level of safety can be achieved by pr ohibiting the PIC from beginning a flight unless there is enough available power for the UA S 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. 110 109.

H. 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 requi red 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 oper ator 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. 11062.9

I. 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 r equested 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.

II. SUMMARY TO BE PUBLIS HED IN FEDERAL REGIS TER

Petitioner : Detroit Aircraft L.L.C.

Sections of 14 C.F.R. Affected : 14 C.F.R. Part 21 Subpart H; 14 C.F.R. § 21.191(a); 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. § 9 1.151(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. Part 21 Subpart H; 14 C.F.R. § 21.191(a); 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. § 91.1 51(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) research and development operations and commercial operations involving aerial dat a collection

.

VIII. CONCLUSION

For the foregoing reasons, DAC respectfully requests that the FAA grant this petition for
exemp tion. DAC’s UAS activities will benefit the public. This petition also satisfies the criteria found in Section 333 of the FMRA regar ding 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 ms enkowski@wileyrein.com, Anna M. Gomez at 202

- 719

- 7261 or agomez@wileyrein.com, Katy Ross at 202

- 71 9

- 7410 or kmross@wileyrein.com

, o r Gary Michel at 202

- 719

- 7252 or gmichel@wileyrein.com, with any questions about this filing.

Sincerely,

Jon R. Rimanelli CEO