# 22 October 2015 U.S. Department

of Transportation Docket Management System 1200 New Jersey Ave., SE Washington, DC 20590 Dear Sir or Madam: Pursuant

to Section 333 ofthe FAA Modernization
and Reform Act of2012 (the Reform Act) and 14 C.F .R. Part 11, Groveland Township,

an operator of small Unmanned Aircraft Systems ("sUAS") equipped

to conduct: • Urban/suburban/rural post-storm (hurricane, tornado, flood, mud slide, etc) damage and casualty assessment; • Wilderness search and rescue (lost hiker, missing children, etc); • Real-time aerial video feed of incidents where

the size ofthe incident

is large (brush fires, commercial building fires, etc) making

it difficult
to monitor changes
in the incident from one place on the ground; • Command and control of wide-spread incidents, such as wide area searches, making the deployment

of limited assets (personnel, search canines) more efficient; • Creation of orthophotos; • Parcel assessment; • Infrastructure inspection; • Three-dimensional
(3D) area and structural mapping; • Creation of digital terrain



# I surface models; • Debris volume estimation; • Hydrology



# I inundation estimation; hereby applies for an exemption from the listed Federal Aviation Regulations ("PARs")

to allow commercial operation
of its' sUAS, so long as such operations are conducted within and under the conditions outlined herein or as may be established
by the FAA as required by Section 333. As described more fully below, the requested exemption would permit the operation
of small unmanned and relatively inexpensive sUAS under controlled conditions

in airspace that is 1) limited 2) predetermined

3) controlled

as to access and 4) would provide safety enhancements

to the operational environment. Approval
of this exemption would thereby enhance safety and fulfill the Secretary of Transportation's
(the FAA Administrator's) responsibilities
to" ... establish requirements
for the safe operation
of such aircraft systems
in the national airspace system."

# The name and address of the applicant
is: Groveland Township 14645 Dixie Highway Holly, MI 48442 (248)634-7722 smcgee@grovelandfire.org Regulations from which the exemption

is requested: 14 CFR Part 21 14 CFR 45.23(b) 14 CFR 61.113 (a) & 

# (b) 14 CFR 91.7 (a) 14 CFR 91.9 (b) (2) 14 CFR 91.103 14 CFR 91.109 14 CFR 91.119 14 CFR 91.121 14 CFR 91.151 (a) 14 CFR 91.203 (a) & 

# (b) 14 CFR 91.405 (a) 14 CFR 407 (a) (1) 14 CFR 409 (a) (2) 14 CPR 417 (a) & 

# (b) AUTHORITY FOR EXEMPTIONS 

# This exemption application

is expressly submitted

to fulfill Congress' goal in passing Section 333(a) through (c) of the Reform Act. This law directs the Secretary
of Transportation

to consider whether certain unmanned aircraft systems may operate safely in the national airspace system (NAS) before completion ofthe rulemaking required under Section 332 of the Reform Act. In making this determination,

the Secretary

is required
to determine which types ofUASs do not create

a hazard to users of the NAS or the public or pose

a threat to national security
in light of the following: • The UAS's size, weight, speed, and operational capability, • Operation
of the UAS in close proximity

to airports and populated areas; and • Operation
of the UAS within visual line of sight of the operator. Reform Act Section 333 (a). Lastly, if the Secretary determines that such vehicles "may operate safely in the national airspace system, the Secretary shall establish requirements
for the safe operation
of such aircraft
in the national airspace system." Id 

# Section 333( c).

# The Federal Aviation Act expressively 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, that includes sUAS, from the requirement that civil aircraft must have

a current airworthiness certificate. Applicant interprets this provision

to place the duty on the Administrator
not only process applicants for exemptions under section 333, but for the administrator

to craft conditions
for the safe operation
of the sUAS, if it should be determined that the conditions
set forth herein do not fulfill the statutory requirements
for approval. The Administrator may grant an exemption from

a requirement

of a regulation prescribed under subsection
(a) or (b) of this section or any sections 44702-44716

of this title if the Administrator find the exemption

in the public interest. 49 U.S.C. Section 44701(f) see also 49 USC Section 4471l(a);
49 USC Section 44704; 14 CFR Section 91.203 (a) (1). The DJI Phantom

2 (further described below)
is a multirotor aircraft weighing

5 pounds, including payload.

It has the ability to operate under normal conditions

at a speed of no more than 30 knots and has the capability

to hover and move in the vertical and horizontal plane simultaneously.
The sUAS will operate only in the pilot's or visual observer's visual line of sight at all times, and includes automatic safety features. Such operations will insure that the sUAS will "not create

a hazard to users of the national airspace system or the public." Reform Act Section 333(b). Given the small size of the sUAS involved and restricted sterile environment within which they will operate, the applicant falls squarely within that zone of safety (an equivalent level of safety) in which Congress envisioned that the FAA must, by exemption, allow commercial operations
of UASs to commence immediately. Also due to the size of the sUAS and the restricted areas in which the relevant sUAS will operate, approval of the application presents no national security issue. Given the clear direction
in Section 333 of the Reform Act, the authority contained

in the Federal Aviation Act, as amended; the strong equivalent level of safety surrounding
the proposed operations, and the significant public benefit, including enhanced safety, reduction
in environmental impacts, including reduced emissions and chemical spills, exemptions associated with allowing UASs for agricultural operations, the grant of the requested exemptions

is in the public interest. Accordingly,
the applicant respectfully requests that the FAA grant the requested exemption without delay. AIRCRAFT DESCRIPTION The sUAS that Groveland Township proposes

to use is the DJI Phantom

2. The Phantom

2 is commonly referred
to as a quadcopter (four independent motors and four rotors). The aircraft weighs less than three (3) pounds, including the attached camera and gimbal. The aircraft

is powered electrically
by a single 4480 mAh Intelligent Lithium Polymer (LiPo) battery. With the LiPo battery inserted, the aircraft weighs less than five (5) pounds
in total.The DJI Phantom

2 has an operational range of 1 km. The aircraft can be controlled
by one of two ways; by radio control, or entirely by a touch-screen map based manufacturer developed interface (application). The latter means the pilot only need to command the sUAS where to go, and the system does all the flying for the operator. The DJI Phantom

2 can be operated
in both semi and fully autonomous flight modes, with the operator simply plotting waypoints using manual or pre-designed flight patterns.
In addition, the operator can create no-fly zones or maximum flight ranges and altitudes
so the system cannot enter areas deemed unsafe or unnecessary

to fly over. All flight operations
of the specified aircraft are GPS controlled, including

a Visual Positioning System (VPS) which works similarly
to a radar altimeter,

to indicate ground reference. The DJI Phantom

2 has two (2) primary operational safety features: • Auto-Return Home. When GPS is available, the aircraft remembers exactly where

it took off from. A touch of a button, or a tap of an on-screen icon, activates this feature. • Failsafe.
If the Intelligent LiPo battery

is running low, or if the aircraft loses connection with the control system for any reason, the aircraft will automatically return to the take off point and land safely. Regardless
of the means in which the aircraft
is controlled, the aircraft will remain within the pilot's, or visual observer's, line of sight at all times. (Please see appendix

A for additional pertinent aircraft information) DESCRIPTION

OF SPECIFIC REGULATIONS 14 CFR Part 21, Subpart H: Airworthiness certificates Subpart H, establishes the procedural requirements
for the issuance of airworthiness certificates as required by FAR §91.203(a)(l). Given the size and limited operating area associated with the aircraft
to be utilized by Groveland Township,
an exemption from Part 21 Subpart
H meets the requirements

of an equivalent level of safety under Part 11 and Section 333 of the Reform Act. The Federal Aviation Act (49 USC §44701(f)) and Section 333 of the Reform Act 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 sUAS. In all cases, an analysis of these criteria demonstrates that the sUAS operated without an airworthiness certificate,

in the restricted environment and under the conditions proposed, will be at least as safe, or safer, than
a conventional aircraft operating with an airworthiness certificate without the restrictions and conditions proposed. 14 CFR 45.23(b): Marking
of the aircraft

# This regulation requires that certain experimental, provisionally certified aircraft, or light-sport category aircraft
to be marked with letters between

2 inches and 6 inches high "limited", "restricted," "light-sport," "experimental,"

or "provisional," near each entrance
to a cabin, cockpit or pilot station. Even though the UAS will have no airworthiness certificate,
an exemption may be needed
as the sUAS will have no entrance
to the cabin, cockpit or pilot station on which the word "Experimental"
can be placed. Given the size of the sUAS,

2 inch lettering will be impossible. Groveland Township will mark the sUAS with the organization's name, physical address, and pertinent contact methods. 14 CFR 61.113(a)

& 

# (b): Private pilot privileges and limitations: Pilot in command Sections 61.113(a) and (b) limit private pilots to non-commercial operations. Because the sUAS will not carry

a pilot or passengers,
the proposed operations can achieve the equivalent level of safety of current operations
by requiring the pilot operating the aircraft
to have completed

a UAS flight training course of 100 hours before flying

a sUAS. Unlike

a conventional aircraft that carries the pilot and passengers, the sUAS
is remotely controlled with no living thing or cargo on board. The area of operation

is controlled and restricted, and all flights are planned and coordinated

in advance
as set forth in the User Guide. The risks associated with the operation
of sUAS are so diminished from the level of risk associated with commercial operations contemplated

by Part 61 when drafted, that allowing operations
of the sUAS as requested exceeds the present level of safety achieved by 14 CFR 61.113(a) and (b). 14 CFR 91.7(a): Civil aircraft airworthiness The regulation requires that no person may operate

a civil aircraft unless

it is in airworthy condition. As there will be no airworthiness certificate issued for the aircraft, should this exemption
be granted, no FAA regulatory standard will exist for determining airworthiness. Given the size of the aircraft and the requirements contained

in the User Guide for maintenance and use of safety checklists prior to each flight an equivalent level of safety will be provided. 14 CFR 91.9(b)(2): Civil aircraft flight manual, marking and placard requirements The sUAS, given its size and configuration
has no ability or place to carry such

a flight manual on the aircraft, not only because there is no pilot on board, but because there is no room or capacity
to carry such an item on the aircraft. The equivalent level of safety will be maintained by keeping the User Manual
at the ground control point where the pilot flying the sUAS will have immediate access to it. 14 CFR 91.103: Preflight action This regulation requires each pilot in command take certain actions before flight to ensure the safety of flight. An exemption

is needed from this requirement

as the pilot will take separate preflight actions, including checking for weather conditions, checking flight battery requirements, checking takeoff and landing distances, and all other actions in the User Guide and safety checklists. These actions will provide an equivalent level of safety.14 CFR 91.109: Flight instruction Section 91.103 provides that no person may operate

a civil aircraft (except

a manned free balloon) that is being used for flight instruction unless that aircraft has fully functioning dual controls. By design, sUAS and remotely piloted aircraft do not have fully functional dual controls. Flight control
is accomplished through the use of a control box that communicates with the aircraft via radio communications.
The equivalent level of safety
is provided by the fact that neither

a pilot nor passengers will be carried in the aircraft, the ability to control the sUAS via radio signals from the controller and by the size and speed of the aircraft. 14 CFR 91.119: Minimum safe altitudes Section 91.119 establishes safe altitudes for operation
of civil aircraft. Section 91.119(
d) allows helicopters

to be operated

at less than the minimums prescribed, provided the person operating the helicopter complies with any route or altitudes prescribed for helicopters
by the FAA. This exemption

is for a multirotor craft that flies similarly
to a helicopter, with vertical takeoff and vertical landing, which will typically operate
at altitudes of200 feet above ground level (AGL), so an exemption may be needed
to allow such operations. The sUAS will never operate
at altitude higher than 400 AGL and all operations will occur during daylight hours under Visual Meteorological Conditions (VMC) only. The equivalent level of safety will be achieved given the size, weight and speed ofthe sUAS as well as the location where
it is operated. No flight will be taken without the permission
of the property owner or local officials. Because advance notice to the property owner and any onsite personnel,

as well as the precautions outlined below, all affected individuals will be aware of the planned flight operations. Flight operations will be conducted

at least 500 feet from all non-participating persons (persons other than the pilot in command (PIC) or visual observer (VO)), vessels, vehicles and structures, unless:

1. Barriers or structures are present that sufficiently protect non-participating persons from debris in the event of an accident. The PIC will ensure that non-participating persons remain under such protection.

If a situation arises where non-participating persons leave such protection and are within 500 feet of the sUAS, flight operations will cease immediately and/or; 2. The aircraft

is operated near vessels, vehicles
or structures where the land owner/controller
has granted permission and the PIC has made

a safety assessment
of the risk of operating closer to those objects and; 3. Operations near the PIC or VO do not present an undue hazard to the PIC or VO, per 14 CPR 91.119(a).The sUAS will remain within visual line of sight ofthe PIC or VO. Flight operations will be conducted

at least
5 miles from an airport and at least
3 miles from any city or densely populated area. The PIC or VO will provide notification

to the local Flight Standards District Office and airpmt controller
of all operations within

5 miles of an airport. The FAA will have advance notice of all operations through the filing of notices-to-airmen. Compared

to flight operations with aircraft or rotorcraft weighing far more than the sUAS proposed herein and carrying flammable fuel, any risk associated with our operations

is far less than those presently presented with helicopters and other conventional aircraft operating

at or below 500 feet AGL. In addition, the low-altitude operations
of the sUAS will ensure separation between these UAS operations and the operations
of conventional aircraft that must comply with Section 91.119. 14 CFR 91.121: Altimeter Settings This regulation requires each person operating the 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."
As the sUAS may not have

a barometric altimeter, but instead

a GPS and or VPS altitude read out, an exemption may be needed. An equivalent level of safety will be achieved by the PIC confirming the altitude of the launch site shown on the GPS altitude indicator before flight. 14 CFR 91.151(a): Fuel requirements
for flight in VFR conditions Section 91.151(a) outlines fuel requirements
for beginning

a flight in VFR conditions. Our sUAS is limited to operations

in controlled environments and has a limited flight time which require an exemption from 14 CFR 91.151(a). The battery powering the sUAS provides approximately

25 minutes of powered flight. This would render the sUAS unable to meet the 30 minute reserve requirement

in 14 CFR 91.151. Given the limitations
on the sUAS proposed flight area and the location of its proposed operations within

a predetermined area,

a longer time frame for flight in daylight VFR conditions

is reasonable. An equivalent level of safety can be achieved by limiting flights to 20 minutes,
or enough battery reserve to ensure that the sUAS lands at the ground station with at least 20% of battery power (as determined
by the onboard monitoring system and the PIC), whichever happens first. This restriction would be more than adequate
to return the sUAS to its planned landing zone from anywhere

in its limited operating area. 14 CFR 91.203(a)

& (b): Carrying civil aircraft certification and registration The sUAS has no cabin, cockpit or pilot station and is operated without an onboard pilot. Therefore, there is no ability or place to carry certification and registration documents

or to display them on the sUAS.

# An 

# equivalent level of safety will be achieved by keeping these documents

at the ground control point where the pilot flying the sUAS will have immediate access to them, to the extent they are applicable

to the sUAS. 14 CFR 91.405(a); 407(a)(l); 409(a)(2); 417(a)
& 

# (b): Maintenance inspections 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 Groveland Township. Maintenance will be accomplished

by the operator pursuant
to the User Guide. An equivalent level of safety will be achieved because these sUAS are very limited in size and will carry

a small payload and operate only in restricted areas for limited periods of time. If mechanical issues arise, the sUAS can land immediately and will be operating from no higher than 400 feet AGL. As provided
in the User Guide, the operator will ensure that the sUAS is in working order prior to initiating flight, perform required maintenance and keep

a log of any maintenance performed. 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. PUBLIC INTEREST AND PRIVACY Approval
of exemptions allowing commercial operations
of sUASs for search and rescue operations, forward reconnaissance,
and aerial command and control of large scale incidents enhances safety while reducing the risk to both the public and emergency responders. Manned aircraft, performing these same essential functions, creates

a greater risk because the craft are much larger, have combustible fuel, and carry an onboard human pilot. In contrast,

a sUAS weighing

5 pounds, powered by batteries, and utilizing flight systems such as GPS, VPS, and Failsafe, eliminates virtually all of that risk given the reduced mass and lack of combustible fuel carried on board. The sUAS will carry no passengers

or crew and, therefore, will not expose them to the risks associated with manned aircraft flights. All flights will be conducted over the authorized areas of emergency operations, and with the express consent of the authority having jurisdiction. Images taken, still and motion, will be of the individuals operating within the boundaries
of the incident,
or the subject of the incident, and will not be used for any other purpose than to provide information
for the incident commander, incident management team (IMT), or their designee(s).EQUIVALENT LEVEL OF SAFETY Groveland Township proposes that the exemption requested herein apply to civil aircraft that have the characteristics
and that operate within 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 protocols followed by aerial survey operations conducted with helicopters and other conventional aircraft. Groveland Township will be bound by the following limitations when conducting

its sUAS operations under an FAA issued exemption: 1. The sUAS will weigh less than
5 pounds. 2. Be operated by an FAA certificated airman holding no less than
a Private Pilot certificate and no less than

a 3rd class medical. 3. Flights will be operated within line of sight of a pilot and/or observer. 4. Maximum total flight time for each operational flight will be 25 minutes. Flights will be terminated

at 20% battery power reserve. 5. Flights will be operated

at an altitude of no more than 400 feet AGL. 6. Flight operations will be conducted

5 miles from an airport and at least
3 miles from any city or densely populated area, which are depicted
in yellow on VFR sectional charts. 7. Flight operations within

5 miles of an airport require notification and approval from the local Flight Standards District Office and airport controller. 8. Flight operations will occur during daylight hours and under visual meteorological conditions only. 9. The FAA will have advance notice of all operations through the filing of notices
to airmen (NOT AM). 10. Minimum crew for each operation will consist of the sUAS pilot and visual observer. 11. The pilot and visual observer will have been trained in the operation
of the sUAS. 12. The pilot and visual observer will at all times be able to communicate

by voice and/or text. 13. Written and/or oral permission from the relevant property holders will be obtained. 14. Flight operations will be conducted

at least 500 feet from all non-participating persons, vessels, vehicles and structures unless:

a. Barriers or structures are present that sufficiently protect non-participating persons from debris in the event of an accident. Thepilot will ensure that non-participating persons remain under such protection.

If a situation arises where non-participating persons leave such protection and are within 500 feet of the sUAS, flight operations will cease immediately and/or;
b. The aircraft

is operated near vessels, vehicles
or structures where the land owner/controller

has granted permission and the PIC has made

a safety assessment
of the risk of operating closer to those objects and; c. Operations near the pilot or visual observer do not present an undue hazard to the pilot or visual observer. 15. If the sUAS loses communication

or loses its GPS signal, the sUAS will automatically return to a safe, pre-determined location and land. 16. The sUAS will have the capability

to abort flight in case ofunpredicted obstacles
or emergencies. FEDERAL REGISTER SUMMARY • Groveland Township, 14645 Dixie Highway, Holly, MI 48442 for an exemption from part 21 and§§ 45.23(b), 61.1 13(a) and (b), 91. 7(a), 91.9(b)(2), 91.103, 91.109, 91.119, 91.121, 91.151(a), 91.203(a) and (b), 91.405(a), 407(a)(l), 409(a)(2), 417(a) and (b) of Title 14, Code ofthe Federal Regulations
(14 CFR). The exemption would allow commercial operation of the DJI Phantom

2 sUAS to conduct urban/suburban/rural
poststorm damage and casualty assessment; wilderness search and rescue; real-time aerial video feed of incidents where the size of the incident

is large making

it difficult
to monitor changes

in the incident from one place on the ground; command and control ofwidespread incidents; parcel assessment; infrastructure inspection; creation of orthophotos; three-dimensional
(3D) area and structural mapping; creation of digital terrain

I surface models; debris volume estimation; hydrology

I inundation estimation. 

### *************** Satisfaction

of the criteria provided
in Section 333 of the Reform Act of2012- size, weight, speed, operating capabilities, proximity

to airports and populated areas and operation within visual line of sight and national security -provide more than adequate justification
for the grant ofthe requested exemptions allowing commercial operation
of Groveland Township's sUAS for the above listed purposes.

d Township(AppendixA)