1

June 19th, 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 World War II, most famously the B-24 bomber, and also the Avenger and 

the Sikorsky R-6A helicopter, among others. Now, Detroit Aircraft, L.L.C. (“DAC” or 

“Petitioner”) is well-positioned to innovate with an emerging aviation technology—Unmanned 

Aircraft Systems (“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 Today’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 department, 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 

testing center; and, (3) with the exemption request described 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 the 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 operation of its small 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 collection petitions previously 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.
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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 into the 

National Airspace System (“NAS”). 

DAC also proposes to conduct commercial operations for the purposes of conducting

infrastructure and property inspections for clients. These inspections may occur over bridges, 

power lines, towers, and other large 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 training and flight demonstrations. Use of UAS for these functions is far 

safer than the 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 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. 

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 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, 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 urban 
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areas and help ensure safety to other aircraft and the general public. Third, DAC’s proposed 

commercial operations for infrastructure 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 these commercial and consumer benefits of using 

UAS. 

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.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. 

The 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.3 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, 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)

 

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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).

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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). 
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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 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 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 Columbia, 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 

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.4 

5. UAS must be operated within visual line-of-sight (“VLOS”) of the pilot at all times. 

 

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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.
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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 C.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 FAApublished 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 predetermined 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 
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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 extent 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 of the Reform Act. The 

Federal Aviation Act5and 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 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 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. Operations under this 

exemption will be tightly controlled and monitored by the operator. The FAA will have advance 

notice of all operations via NOTAMs. Finally, these UAS, as a result of their size, weight, 

speed, operational capability, and operation within visual line-of-sight do not create a hazard to 

users of the NAS or the 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 

 

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49 U.S.C. § 44701(f). 
7

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 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 § 45.23 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 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. 

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 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.

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 directly 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 herein. The FAA issued an 

exemption to this regulation in Exemption No. 11062. 

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

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 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. 

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 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. 
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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 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.

II. SUMMARY TO BE PUBLISHED IN FEDERAL REGISTER

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. § 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. 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) to conduct small unmanned aircraft systems (UAS) research 

and development operations and commercial operations involving aerial data collection. 

VIII. CONCLUSION

For the foregoing reasons, DAC respectfully requests that the FAA grant this petition for 

exemption. DAC’s UAS activities 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 or agomez@wileyrein.com, 

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,

Jon R. Rimanelli

CEO