Mark E. McKinnon

Matthew J. Clark Mark.M cKinnon@dentons.com

Matthew.Clark@dentons.com

D 703.336.8708

D 703.336.8714

Dentons US LLP

1676 International Drive • Penthouse

McLean, VA 22102

United States

T 703.336.8800

F 703.336.8750 Salans FMC SNR Denton

McKenna Long

dentons.com

August 6

, 2015

To Whom I t May Concern:

Pursuant to Section 333 of the FAA Moderni zation and Reform Act of 2012 (Reform Act )

and 14 C.F.R. Part 11, the University of Michigan ( hereinafter sometimes referred to as " U

- M

, ”

" University " or "Michigan" ) hereb y applies for a Summary Grant of Exemption from the Federal

Aviation Regulations (FARs ) identified below, to operate small unmanned aerial vehicles ( i.e., small

unmanned aircraft systems or UAS ) for conducting aerial data collection in support of i t s resea rch

and educational endeavors

. U

- M respectfully submits that this Petition for Exemption qualifies for

expedited approval, as the Federal Aviation Administration ( FAA ) has previously issued grants of

exemption in circumstances similar in all material respe cts to those presented herein

.

In addition to this Petition for Exemption, U

- M will also submit The University UAS

Operations Manual , as well as Data Packages for several proprietary/custom vehicles that U

- M

intends to operate

. U

- M submits th ese material s as a confidential document under separate cover

pursuant to 14 C.F.R. § 11.35(b), as the material contain s confidential commercial and pr oprietary

information that U

- M has not and will not share with others. The information contained in the

material is n ot generally available to the public and is protected from release under the Freedom of

Information Act, 5 U.S.C. § 552 et seq. U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

Re: Petition of the University of Michigan for Summary Grant of Exemption Pursuant to

Section 333 of the FAA Modernization and Ref orm Act of 2012U.S. Department of Transportation

August 6 , 2015

Page 2

For your convenience, this Petition is organized as follows:

T ABLE OF C ONTENTS

P AGE

I. B ACKGROUND & D ESCRIPTION OF P ETITIONER

................................ ................................ 3

II. D ESCRIPTION OF P ROPOSED O PERATION

................................ ................................ ........... 4

III. R ELEVANT S TATUTORY A UTHORITY

................................ ................................ ................. 5

IV. U

- M ' S P ROPOSED UAS O PERATIONS M EET THE R EQUIREMENTS OF S ECTION

333 OF THE R EFORM A CT

................................ ................................ ................................ ... 6

A. Approval I s Warranted Based on the UAS's Size, Weight, Speed, and

Operational Capability

................................ ................................ ............................. 6

B. Approval I s Warranted Based on the Operational Restrictions in U

- M 's

Operating Documents

................................ ................................ .............................. 8

V. R EGULATIONS F ROM W HICH E XEMPTION I S S OUGHT

................................ ...................... 9

A. 91.9(c), 45.23(b) and 45.27(a): Aircraft Ma rking and Identification

Requirements

................................ ................................ ................................ ......... 10

B. 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2); 91.417(a) and (b):

Maintenance Inspections

................................ ................................ ........................ 11

C. 61.23(a) and (c), 61.113, 61.101(e)(4) and (5), 61.315: Pr ivate,

Recreational and Sport Pilot Medical Certificate, Privileges and

Limitations

................................ ................................ ................................ ............. 11

D. 91.7(a): Civil Aircraft Airworthiness

................................ ................................ .... 12

E. 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft and 91.203(a) and

(b): Carrying Civil Aircraft Certification and Registration

................................ ... 13

F. 91.103: Preflight Action

................................ ................................ ........................ 14

G. 91.109(a): Flight Instruction

................................ ................................ ................. 14

H. 91.119(c): Minim um Safe Altitudes Over Other Than Congested Areas

.............. 14

I. 91.121: Altimeter Settings

................................ ................................ .................... 15

J. 91.151(a): Fuel Requirements for Flight in VFR Conditions

................................ 16

VI. D RUG AND A L COHOL P ROGRAM

................................ ................................ ...................... 17

VII. P UBLIC I NTEREST

................................ ................................ ................................ .............. 17

VIII. P RIVACY

................................ ................................ ................................ ............................ 17

IX. F EDERAL R EGISTER S UMMARY

................................ ................................ ........................ 17

X. C ONCLUSION

................................ ................................ ................................ ..................... 17U.S. Department of Transportation

August 6 , 2015

Page 3

I. B ACKGROUND & D ESCRIPTION OF P ETITIONER

The University of Michigan was founded in 1817 as one of the first public universities in the

nation. It was initially established on 1,920 acres of land ceded by the Ojibwe (Chippewa), Odawa

(Ottawa), and Bodewad mi (Potawatomi) People of the Three Fires “for a college at Detroit.” The

school moved from Detroit to Ann Arbor in 1837. Today, the University of Michigan remains one of

the most distinguished institutions in the world and a leader in higher education. It is one of a small

number of public universities consistently ranked among the nation’s and the world’s best

. It

regularly is in the top three of the country’s public universities, with over 61,000 students and 5,600

faculty at three campuses

— Ann Arbor, De arborn and Flint.

At Ann Arbor, the University of Michigan boasts access to computer technology that meets

or exceeds that of any higher education campus in the world. Over 43,600 students choose among

more than 7,400 courses in over 260 undergraduate ma jors and approximately 650 degree programs,

including 101 Top 10

- ranked graduate programs

. The campus hosts more than 1,400 student clubs

and organizations, a dozen galleries and museums, and 40 libraries and special collections with more

than 13.2 million volumes. Concerts, recitals, expert speakers, symposia, films and readings are daily

occurrences. University of Michigan students come from all 50 states and Puerto Rico, Guam and

the Northern Mariana Islands. U

- M enrolls international students from 121 c ountries, from

Azerbaijan to Zimbabwe.

Michigan’s teaching and research personnel constitute one of the top five higher education

faculties in the country

. Their numbers include distinguished world authorities, Pulitzer Prize

winners, MacArthur Fellows, internationally acclaimed performing artists and composers, best

selling novelists, artists and filmmakers. Michigan has more than 500 named endowed chairs.

With more than $1.3 billion in research expenditures, the University of Michigan research

enterpri se is the largest among U.S. public universities. As one of the most substantial and broadly

based academic research enterprises in the world, U

- M stands at the forefront of efforts to address a

wide range of grand challenges and develop solutions for the critical issues facing society

. This

research enterprise provides a rich intellectual and educational environment that inspires students,

faculty and researchers far beyond campus borders.

The College of Engineering, home of the first and one of the most highly ranked aerospace

departments in American higher education, provides a substantial portion of these teaching and

research efforts

. The College maintains Top 10 rankings in nearly every undergraduate and graduate

engineering program and currently stan ds at number 6 overall

.

In this vein, UAS technologies provide an extraordinary landscape for research and

education

. The wide

- ranging applications and implications of UAS technologies provide a rich

environment for intellectual inquiry and exploration. The University's ability to efficiently and

effectively operate UAS at low altitudes is critical to exploring this field in meaningful ways

. The

University of Michigan is positioned to make substantial contributions to UAS exploration and

knowledge, and UA S technologies will provide substantial enhancements to our thriving teachingU.S. Department of Transportation

August 6 , 2015

Page 4

and learning environment

. To proceed, the University of Michigan seeks an exception for operation

of small UAS in the context of its research and educational endeavors.

In accor dance with 14 C.F.R. § 11.81(a), U

- M provides the following information in support

of its Petition for Exemption

.

The contact information for Petitioner is as follows:

Michael A. Drake

Senior Director, Government, Corporate and Foundation Relations

U niversity of Michigan College of Engineering

1002 Lurie Engineering Center

1221 Beal Ave.

Ann Arbor, MI 48109

Phone: (734) 647

- 7044

Email: madrake@umich.edu

II. D ESCRIPTION OF P ROPOSED O PERATION

U

- M seeks an exemp tion pursuant to Section 333 of the Reform Act to use a number of

different UAS platforms for aerial data collection in support of a broad range of educational and

research endeavors , including classroom activities and student learning

. By way of example,

education and research programs supported by the proposed UAS operations, include, but are not

limited to: aeronautical and avionics research and development, student instruction on the operation

of UAS and their associated systems, environmental monitorin g, natural resource

management/exploration, geographical mapping applications, photogrammetry, water resource

studies, thermal imagery to lo cate and census study organisms, precision agriculture and vegetation

mapping, wildlife /forestry monitoring, biologi cal studies, and telecommunications research and

development

. Aerial data collected by Petitioner's UAS would also be used to promote and market

U

- M

, as well as support student re creational and sport activities

.

All of the UAS platforms U

- M intends to us e have either already been approved by the FAA

in previously granted exemptions, or otherwise exhibit the same characteristics in terms of their

weight, speed and operational capabilities , all of which meet the requirements of Section 333 of the

Reform Act

.

U

- M is committed to maintaining the highest standards of flight safety

. All UAS operations

will be performed in accordance with the accompanying U

- M operating documents, and in

accordance with the requirements of an applicable COA

. Among other things, and as detailed in the

operating documents, all UAS operations will occur in uncontrolled airspace

, unless specific

authorization is granted by the FAA or applicable authorities

, within visual line

- of

- sight (VLOS) of

the pilot and visual observer, and will be limited to daytime Visual Flight Rules ( VFR ) conditions

. Moreover, U

- M 's operating documents incorporate redundant safeguards to enhance safety.U.S. Department of Transportation

August 6 , 2015

Page 5

The proposed operations in this Petition for Exemption are not new or novel to the FAA

. The

FAA has previ ous ly issued grants of exemption to use small UAS for aerial data collection in

support of similar educational and research activities

, including:

 Exemption No. 11552 to Sinclair Community College to conduct educational research

and training (Docket No. F AA

- 2015

- 0374);

 Exemption No. 11304 to Auburn University Aviation Center to conduct training courses

to instruct students in the operation of unmanned aircraft and their associated systems.

(Docket No. FAA

- 2014

- 1014 ); and

 Exemption No. 11265 to the City o f Roswell Coalition to perform research, development

and validation of a formal UAS training curriculum (Docket No. FAA

- 2014

- 0732).

The low

- risk UAS operations proposed by U

- M in this Petition for Exemption fall squarely

within the category of aerial dat a collection that has previous ly received FAA approval

.

III. R ELEVANT S TATUTORY A UTHORITY

This Petition for Exemption is submitted pursuant to Section 333(a) through (c) of the

Reform Act

. Congress has directed the FAA "to safely accelerate the integration of civil unmanned

aircraft systems into the national airspace system" (NAS). Pursuant to Section 333 of the Reform

Act, the FAA Administrator is to permit unmanned aircraft systems to operate in the NAS where it is

safe to do so based on the following con siderations:

 The UAS's size, weight, speed and operational capability;

 Degree of proximity to airports and populated areas; and

 Operation of the UAS within the visual line of sight of the operator.

Additionally, the FAA Administrator has general authority to grant exemptions from the

agency's safety regulations and minimum standards when the Administrator decides a requested

exemption is in the public interest

. See 49 U.S.C. § 106(f) (defining the authority of the

Administrator); 49 U.S.C. § 44701(f) (perm itting exemptions from §§ 44701(a), (b) and §§ 44702

–

44716 et seq. )

. A party requesting an exemption must explain the reasons why the exemption: (1)

would benefit the public as a whole, and (2) would either not adversely affect safety

, or provide a

level of safety at least equal to the existing rules

. See 14 C.F.R. § 11.81 (petitions for exemption).U.S. Department of Transportation

August 6 , 2015

Page 6

IV. U

- M ' S P ROPOSED UAS O PERATIONS M EET THE R EQUIREMENTS OF S ECTION 333 OF

THE R EFORM A CT

U

- M 's proposed operations in this Petition for Exemption qualify for exp edited approval via

the summary grant process pursuant to Section 333 of the Reform Act

, as each of the statutory

criteria and relevant factors are satisfied and the FAA has previously issued grants of exemption in

circumstances similar in all material res pects to those presented in this Petition for Exemption

.

A. Approval I s Warranted Based on the UAS's Size, Weight, Speed, and

Operational Capability

The FAA is familiar with and has already determined that the following vehicles chosen by

U

- M meet the requ irements of Section 333 of the Reform Act due to their weight, speed and

operational capabilities : DJI Phantom 1, DJI Phantom 2, DJI Phantom 2 Vision, DJI Phantom 2

Vision+, DJI Phantom 3, DJI F550 FlameWheel, DJI Inspire 1, DJI Spreading Wing series, 3D

R obotics Iris, 3D Robotics Iris+, 3D Robotics X8, 3D Robotics X8+, and the 3D Robotics Solo

. These FAA determinations are set forth in the following grants of exemption :

 DJI Phantom 1 : Exemption No. 11577 to HAZON Solutions, LLC; Exemption No. 11650

to Tr inity Aeroimaging; and Exemption No. 11318 to MicroDrone Vision, Inc.

 DJI Phantom 2 : Exemption No. 11315 to The Climate Corporation and Precision Planting,

LLC; Exemption No. 11784 to Precision Unmanned Aerial LLC; Exemption No. 11785 to

CinemaCapture Vid eography; Exemption No. 11786 to Tabitha Femmer; Exemption No.

11767 to Brett Baker; and Exemption No. 11770 to Crosstimbers Video Partners LLC

 DJI Phantom 2 Vision : Exemption No. 11768 to Copper City Aviation Services LLC;

Exemption No. 11267 to ETAK Sys tems Inc.; Exemption No. 11310 to Colin Hinkle;

Exemption No. 11624 to Vertical Information Services Inc.; and Exemption No. 11556 to

Sydor Aerial Photography, LLC

 DJI Phantom 2 Vision+: Exemption No. 11224 to NextEra Energy, Inc.; Exemption No.

11230 to Montico, Inc.; Exemption No. 11228 to Steven Zeets; Exemption No. 11218 to

Saratoga Aerial Vehicle; and Exemption No. 11215 to Mike Johnson

 DJI Phantom 3 : Exemption No. 11783 to Precision Design and Drafting, Inc.; Exemption

No. 11788 to Birds Eye Aerial Photography, Inc.; Exemption No. 11696 to Midwest UAV

Imagining; Exemption No. 11335A to Voler, Inc.; Exemption No. 11267A to ETAK

Systems, Inc.; and Exemption No. 11306A to Hawk Aerial, LLC

 3D Robotics Iris: Exemption No. 11521 to SkyWard IO, Inc.

 3D Robotics Iris+ : Exemption No. 11273 to AIG PC Global Services, Inc.; Exemption No.

1141 to Douglas R. Dorrer; and Exemption No. 11204 to Build Imagery, LLCU.S. Department of Transportation

August 6 , 2015

Page 7

 3D Robotics X8 : Exemption No. 11521 to SkyWard IO, Inc.; Exemption No. 11446 to

Trumbull Unmanned, LLC; and Exemption No. 11335 to Voler, Inc.

 3D Robotics X8+: Exemption No. 11626 to Olssson Associates; Exemption No. 11617 to

Aerial Precision Survey

 3D Robotics Solo: Exemp tion No. 11778A to Cloud9Drones

 DJI F550 FlameWheel : Exemption No. 11397 to Co lorado Cartographics; Exemption No.

11312 to Southgate Films Inc.; Exemption No. 11430 to Aerial Optics; Exemption No.

11378 to Shanon Kern; and Exemption No. 11318 to Micro Drone Vision, Inc.

 DJI Inspire 1 : Exemption No. 11254 to Upward Aerial; Exemption No. 11659 to Fovea

Aero Systems; Exemption No. 11668 to Sky

- Forge Robotics LLC

 DJI Spreading Wing series 1 : Exempt ion No. 11804 to Orbic Air, LLC

In addition to the above

- referenced vehicles that the FAA has already approved and found

suitable for aeria l data collection, U

- M also seeks to operate the following commercial

- off

- the

- shelf

and/or proprietary design vehicles identified in Table 1 below :

1 The DJI Spreading Wing series is composed of the S1000+, S1000, S900 and S800 Evo. Name Type Dimensions Composition MTOW Max

Flight

Time

(Mins) Control

Frequency Max

Airspeed GPS

Lost

link /

RTH

Ascending

Technologies,

Hummingbird Multicopter/

helicopter 540 x 540 x

85.5 mm Plastic 200 g 20 2.4 GHz 15 m/s Yes

Skyspecs

Model X1

Quadrotor Multicopter/

helicopter 2' diameter,

1' height Carbon Fiber 7 lbs 15 2.4 GHz 3 m/s

(mission

speed) Yes

A utonomous

Aerospace

Systems Lab

(A2SYS)

Model X1 Fixed

- wing 1.77 m

wingspan,

1.75 m

length Reinforced

Plywood and

Balsa

Construction 8 kg 16 2.4 GHz 25 m/s

(cruise) Yes

Parallax

ELEV 8V2 Multicopter/

helicopter 36"

(including

propellers) Plastic 66.1 oz. 13 PWM > 50

Hz 5

- 8 mph No

X

- HALE Fixed

- wing 6 m

wingspan Fiberglass

and Foam 25 lbs 20 2.4 GHz 12

- 20

m/s

(cruise) Yes

Lumenier

QAV250 Multicopter/

helicopter 250 mm x

250 mm Carbon Fiber 550 g 6 2.4 GHz 5 m/s YesU.S. Department of Transportation

August 6 , 2015

Page 8

The UAS identified in Table 1 all meet the requirements of Section 333 of the Reform Act

due to their weight, speed and operational capabilities

. Their airframes , including all components

used to complete them

, are either commercially available to the general public, or are otherwise i n

compliance with the requirements for Section 333 exemption. In addition, all configurations of these

components follow standard, well

- established practices.

The FAA has found , or would find

, the following shared characteristics of the DJI Phantom

1, DJI Phantom 2, DJI Phantom 2 Vision, DJI Phantom 2 Vision+, DJI Phantom 3, DJI F550

FlameWheel, DJI Inspire 1, DJI Spreading Wing series, 3D Robotics Iris, 3D Robotics Iris+, 3D

Robotics X8, 3D Robotic s X8+, and the 3D Robotics Solo, Ascending Technologies, H ummingbird

, Skyspecs Model X1 Quadrotor

, Autonomous Aerospace Systems Lab (A2SYS) Model X1

, Parallax

ELEV 8V2

, X

- HALE

, Lumenier QAV250

, Walkera Master CP

, Bergen Octocopter

, Bergen Quad 8

, Ascending Technologies Pelican

, Parrot AR.Drone 2.0

, Pillar Custom

, and AeroQuad Cyclone ARF

sufficient to warrant approval for a grant of exemption:

 They all weigh less than 55 pounds

, in cluding payload;

 The radio frequencies used for operations and control of all of the se UAS comply with the

Fede ral Communications Com mission (FCC ) and other appropriate governmen t oversight

agency requirements; and

 The UAS all operate at a speed of 87 knots or less

.

B. Approval I s Warranted Based on the Operational Restrictions in U

- M 's

Operating Documents

The University UAS Opera tions Manual

, U

- M 's data packages for proprietary vehicles

, and

the manufacturer's manuals for the selected UAS platforms (hereinafter collectively referred to as

"operating documents") contain all the procedures and limitations necessary to safely and Walkera

Master CP Multicopter/

helicopte r 444 mm

length, 462

mm main

rotor

diameter Plastic 500 g 8 2.4 GHz 5 m/s No

Bergen

Octocopter Multicopter/

helicopter 36" x 36" x

18" Carbon Fiber

and Plastic 23 lbs 12 2.4 GHz 17 m/s Yes

Bergen Quad

8 Multicopter/

helicopter 36" x 36" x

18" Carbon Fibe r

and Plastic 22 lbs 12 2.4 GHz 17 m/s Yes

Ascending

Technologies

Pelican Multicopter/

helicopter 651 x 651 x

188 mm Plastic,

Carbon

Fiber, Wood 1.65 kg 16 2.4 GHz 16 m/s Yes

Parrot

AR.Drone 2.0 Multicopter/

helicopter 500 x 500

mm Plastic, Foam 420 g 15 2.4 GHz 5 m/s No

Pillar Custom Multicopter/

helicopter 3' Diameter Plastic 5 kg 20 2.4 GHz

(variable) 20 mph Yes

AeroQuad

Cyclone ARF Multicopter/

helicopter 18" x 18" x

8" Aluminum,

Plastic 2.1 lbs 13 900 MHz 10 mph YesU.S. Department of Transportation

August 6 , 2015

Page 9

suc cessfully perform the proposed operations

. To expedite the FAA's safety assessment of U

- M 's

proposed UAS operations, U

- M has tailored its operating documents to comply with the condition s

and limitations imposed on similarly situated petitioners seeking to use small UAS for aerial data

collection in the context of research and educational activities

. See e.g., Grant of Exemption No.

11552 issued to Sinclair Community College, Docket No. FAA

- 2015

- 0374

. In particular, the

operating documents contain systems a nd procedures to permit U

- M to comply with the conditions

and limitations in the FAA's Grant of Exemption to Sinclair Community College

. Id

.

V. R EGULATIONS F ROM W HICH E XEMPTION I S S OUGHT

The Federal Aviation Act expressly grants the FAA the authority to is sue exemptions

. This

statutory authority, by its terms, includes exempting civil aircraft, as defined under § 40101 of the

Act, which the FAA has interpreted to includ e UAS, from its safety regulations and minimum

standards when the Administrator decides a requested exemption is in the public interest. 2

U

- M seeks an exemption from several interrelated provisions of 14 C.F.R. Parts 45, 61 and

91 for purposes of conducting the requested operations using small UAS

, including as set forth

below :

2 S ee 49 U.S.C. § 44701(f) (authorizing the grant of exemptions from requirements of regulations

prescribed pursuant to Sections 44701(a) and (b) and Sections 44702

- 44716).

FAR Descriptio n

91.9(c); 45.23(b) and

45.27(a) Aircraft Marking and Identification Req ui rements

91.405(a); 91.407(a)(1);

91.409(a)(1) and (2);

91.417(a) and (b) Maintenance and Inspection Req ui rements

61.23(a) and (c), 61.113;

61.101(e)(4) and (5)

, 61.315 Privat e, Recreational and Sport Pilot Medical Certificate,

Privileges and Limitations

91.7(a) Civil Aircraft Airworthiness

91.9(b)(2); 91.203(a) and

(b) Carrying Aircraft Flight Manual, Certification and Registration in

the Aircraft

91.103 Preflight Action

91.109(a) Flight Instruction

91.119(c) Minimum Safe Altitudes Over Other than Congested AreasU.S. Department of Transportation

August 6 , 2015

Page 10

Listed below are the specific sections of 14 C.F.R. for which an exempti on is sought, and the

operating procedures and safeguards that U

- M has established to ensure a level of safety equal to or

better than the rules from which exemption is sought. 3

A. 91.9(c), 45.23(b) and 45.27(a): Aircraft Marking and Identification

Req ui remen ts

U

- M seeks an exemption from the aircraft marking and identification req ui rements contained

in 14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a).

● 14 C.F.R. § 91.9(c), Civil Aircraft Flight Manual, Marking and Placard R eq ui rements

, provides that:

No person may operate a U.S.

- registered civil aircraft unless that aircraft is identified

in accordance with Part 45 of this chapter.

● 14 C.F.R. § 45.23(b), Markings of the Aircraft, states:

When marks include only the Roman capital letter "N" and the registration numbe r is

displayed on limited, restricted or light

- sport category aircraft or experimental or

provisionally certificated aircraft, the operator must also display on that aircraft near

each entrance to the cabin, cockpit, or pilot station, in letters not less t han 2 inches

nor more than 6 inches high, the words "limited," "restricted," "light

- sport,

"experimental," or "provisional," as applicable.

● 14 C.F.R. § 45.27(a), Rotorcraft, states:

Each operator of a rotorcraft must display on that rotorcraft horizontally on both

surfaces of the cabin, fuselage, boom, or tail the marks req ui red by § 45.23.

In prior grants of exemption under Section 333 of the Reform Act

, the FAA determined that

exemption from these req ui rements was warranted provided that the aircraft "ha ve identification (N

Number) markings in accordance with 14 C.F.R Part 45, Subpart C if the markings are as large as

3 This accords with 14 C.F.R. § 11.81(e), which requires a petition for exemption to i nclude:

The reasons why granting the exemption would not adversely affect safety, or how

the exemption would provide a level of safety at least equal to that provided by the

rule from which you seek exemption. 91.121 Altimeter Settings

91.151(a) Fuel Req ui rements for Flight in VFR ConditionsU.S. Department of Transportation

August 6 , 2015

Page 11

practicable." 4 All UAS flown by U

- M will bear N

- number markings that are as large as practicable

in accordance with 14 C.F.R. Part 45, Subp art C. 5

B. 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2); 91.417(a) and (b): Maintenance

Inspections

U

- M seeks an exemption from the maintenance inspection req ui rements contained in 14

C.F.R. § 91.405(a), 91.407(a)(1), 91.409(a) (1) and (2); 91.417(a) and (b)

. These regulations specify

maintenance and inspection standards in reference to 14 C.F.R. Part 43. 6 An exemption from these

regulations is needed because Part 43 and these sections apply only to aircraft with an airworthiness

certificate, which the UA S to be operated under this grant of exemption will not have.

An eq ui valent level of safety will be achieved because maintenance and inspections will be

performed in accordance with the operating documents and any req ui red manufacturer Safety or

Service Bulletins

. Further, as req ui red by the operating documents, the Pilot

- in

- Command ( PIC ) will

conduct a pre

- flight inspection of the UAS and all associated eq ui pment to account for all

discrepancies and/or inoperable components

. Maintenance will be performed and verified to address

any conditions potentially affecting safe operation of the UAS and no flights will occur unless and

until all flight

- critical components of the UAS have been found to be airworthy and in a condition

safe for operation

. A functional test flight will be conducted following the replacement of any flight

critical components

. As req ui red by the operating documents, the PIC who conducts the functional

test flight will make an entry in the UAS aircraft records of the flight

.

The operat ing documents also include req ui rements to follow the UAS manufacturer’s

maintenance, overhaul, replacement, inspection, and life limit requirements for the air craft and

aircraft components

. Moreover

, the operating documents also include procedures to docu ment and

maintain a record of the UAS maintenance, preventative maintenance, alterations, status of

replacement/overhaul component parts, and the total time in service of U

- M’s UAS

. As a whole, the

maintenance and inspection procedures req ui red by the Univ ersity’s operating documents ensure that

an eq ui valent or higher level of safety will be achieved.

C. 61.23(a) and (c), 61.113

, 61.101(e)(4) and (5)

, 61.315 : Private, Recreational

and Sport Pilot Medical Certificate, Privileges and Limitations

U

- M seeks exe mption from these sections

, which restrict private

, recreational or sport pilot

certificate holders from flying aircraft for compensation or hire, and also req ui re a second

- class

medical certificate

. The purpose of Part 61 is to ensure that the skill and c ompetency of any PIC

matches the airspace in which the PIC will be operating, as well as to req ui r e certifications if the

4 FAA Docket No. FAA

- 2014

- 0352.

5 See, e.g., F AA Docket No. FAA

- 2014

- 0352, at 14

.

6 See, e.g., 14 C.F.R. § 91.405(a) (stating that each owner or operator of an aircraft "[s]hall have the

aircraft inspected as prescribed in subpart E of this part and shall between required inspections

...have discrepanc ies repaired as prescribed in part 43 of this chapter

. ").U.S. Department of Transportation

August 6 , 2015

Page 12

private pilot is carrying passengers or cargo for hire

. In this case, while the UAS will be operated as

part of a “ commercial operatio n, ” as the FAA Office of Chief Counsel has interpreted that term, it

carries neither passengers nor cargo

.

In the Grant of Exemption No. 11062 to Astraeus Aerial 7

, the FAA determined that the

unique characteristics of UAS operation outside of controlled airspace did not warrant the addition al

cost and restrictions attendant with req ui ring the PIC to have a Commercial Pilot Certificate and

second

- class medical certificate

. The fulfillment of the additional req ui rements for a private pilot to

become qualif

ied as a commercial pilot would not , in the FAA’s estimation, lead to any additional

safety benefits when UAS operations are involved

.

More recently, the FAA determined that holders of recreational and sport pilot certificates

would also have adequate aeronautical knowledge to pilot a UAS

. Accordingly, because these

individuals would also be subject to security screening by the De partment of Homeland Security

(DHS ), the FAA determined that holders of recreational and sport pilot certificates would be

q ualified to serve as the PIC for UAS operations. 8

The restrictions the University has placed on its UAS operations meet or exceed the

restrictions similarly imposed on Astraeus Aerial and other operators in other recently granted

exemptions under Sect i on 333 of the Reform Act

. U

- M will operate away from persons and property

that is not involved in or relevant to the flight

. U

- M will also req ui re all PICs to be thoroughly

trained in the unique aspects of UAS flight

. As set forth in the operating document s, UAS pilots will

have experience not only in UAS operations generally but have logged flight time using the specific

make and model used for the operations at issue before they are permitted to participate in

educational or research flights on behalf of U

- M

. The pilot qualification, training, and currency

req ui rements in the operating documents ensure that U

- M 's UAS pilots are competent and proficient

in the UAS they are operating

. The University 's training and qualification req ui rements are

consistent wi th those contained in prior FAA

- issued grants of exemption

, and will ensure at least an

eq ui valent level of safety.

D. 91.7(a): Civil Aircraft Airworthiness

Inasmuch as there will be no airworthiness certificate issued for the UAS, U

- M seeks an

exemption fro m 14 C.F.R. § 91.7(a), which req ui res that a civil aircraft be in an airworthy condition

to be operated

. While the petitioner’s UAS will not have an airworthiness certificate, the FAA has

determined that for the purposes of this exemption the pilot may ins tead determine the UAS is in an

airworthy condition prior to flight

. The operating documents contain procedures that allow the PIC

to determine whether the UAS is in a condition safe for flight, and an exemption from § 91.7(a) is

therefore warranted

.

7 FAA Docket No. FAA

- 2014

- 0352

.

8 See Grant of Exemption No. 11213 to Aeryon Labs, Inc. (Docket No. FAA

- 2014

- 0642, at 8

- 9).U.S. Department of Transportation

August 6 , 2015

Page 13

E. 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft and 91.203(a) and

(b): Carrying Civil Aircraft Certification and Registration

Title 14 C.F.R. § 91.9(b)(2) and § 91.203(a) and (b) req ui re the operator to carry

airworthiness documents and other ai rcraft manuals onboard the aircraft.

Pursuant to 14 C.F.R. § 91.9(b)(2):

(b) No person may operate a U.S.

- registered civil aircraft

–

... (2) For which an Airplane or Rotorcraft Flight Manual is req ui red by § 21.5 of this

chapter, unless there is availabl e in the aircraft a current approved Airplane or

Rotorcraft Flight Manual, approved manual material, markings, and placards, or any

combination thereof.

Pursuant to 14 C.F.R. § 91.203(a) and (b):

(a) Except as provided in § 91.715, no person may operate a civil aircraft unless it

has within it the following:

(1) An appropriate and current airworthiness certificate...

.

(b) No person may operate a civil aircraft unless the airworthiness certificate req ui red

by paragraph (a) of this section or a special flight authorization issued under § 91.715

is displayed at the cabin or cockpit entrance so that it is legible to passengers or crew.

Given the small size and configuration of the UAS, it would be impossible to keep

airworthiness documents and other aircraft man uals on board the UAS because there is simply no

room and the UAS has no cabin or cockpit

.

In an FAA Office of Chief Counsel's Opinion dated August 8, 2014, and prepared by Dean E.

Griffith, Attorney, AGC

- 220, it was acknowledged that the intent of 14 C.F .R. 91.9(b) and 91.203(a)

and (b) is met if the pilot of the unmanned aircraft has access to the UAS flight manual, registration

certificate, and other req ui red documents from the ground control station from which he or she is

operating the aircraft. 9 As this FAA Office of Chief Counsel Opinion clarifies, the intent of the rule

is to ensure the pilot has access to these key documents during flight

. Therefore, an eq ui valent level

of safety will be achieved by ensuring that the pilot has access to the docume nts at the ground

control station from which he or she is piloting the UAS. 10

9 Memorandum from Mark Bury, FAA Assistant Chief Counsel for International Law, Legislation

and Regulation, to John Duncan, FAA Flight Standards Service (Aug. 8, 2014); see also Docket No.

FAA

- 2014

- 0352 at 16

- 18

.

10 See also Exemption No. 11213 to Aeryon Labs, Inc. at pg. 11:

The petitioner requested relief from 14 CFR § 91.9(b) (2): Civil aircraft flight

manual, marking, and placard requirements and § 91.203(a) and (b): Civil aircraft:

{footnote co ntinued}U.S. Department of Transportation

August 6 , 2015

Page 14

F. 91.103: Preflight Action

U

- M seeks an exemption from 14 C.F.R. § 91.103, which req ui res a PIC to become familiar

with specific information before each flight, including i nformation contained in the FAA

- approved

Flight Manual on board the aircraft

. While the PIC will be familiar with all information necessary to

safely conduct the flight, an exemption is requested to the extent that an FAA

- approved Flight

Manual is req ui red

.

Adherence to the req ui rements in the operating documents will ensure that the UAS is in an

airworthy condition prior to flight

. The PIC will complete a series of checklists designed to identify

any defects or inoperable components, which cover pre

- flight

, take

- off, landing and post

- flight

procedures

. The PIC will also be req ui red

, before initiation of flight

, to review weather, flight

req ui rements

, battery charge, landing and takeoff distance, UA performance data, and contingency

landing areas

. U

- M 's oper ating documents will be kept at the ground control station and will be

accessible to the PIC at all times while operating the UAS.

G. 91.109(a): Flight Instruction

The University seeks an exemption from 14 C.F.R. § 91.109(a), which provides in pertinent

part that "[n]o 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." UAS and remotely

piloted aircraft, by their design, do not have functional dual controls

. Instead, flight control is

accomplished through the use of a device that communicates with the aircraft via radio

communications

. Accordingly, an exemption will be req ui red for the flight instruction req ui rements

of 14 C.F.R. § 91.109(a)

.

G iven the size and speed of the UAS that Petitioner intends to use, an eq ui valent level of safe

training can still be achieved without dual controls because no pilot or passengers are aboard the

UAS and

, as req ui red by the operating documents, all persons w ill be a safe distance away in the

event that the UAS experiences any difficulties during flight instruction

. Moreover, all flight training

will be conducted in controlled and sterile environment

. As a whole, the procedures provided for in

the operating do cuments ensure that the University can safely perform any needed UAS flight

instruction.

H. 91.119 ( c) : Minimum Safe Altitudes Over Other Than Congested Areas

U

- M requests an exemption from the minimum safe altitude req ui rements of 14 C.F.R. §

{continued from previous page}

Certifications required. The FAA has previously determined that relief from these

sections is not necessary. See Exemption No. 11062. Relevant mat erials may be kept

in a location accessible to the PIC in compliance with the regulations.U.S. Department of Transportation

August 6 , 2015

Page 15

91.119 (c)

. 11 Sec tion 91.119 prescribes the minimum safe altitudes under which aircraft may not

operate, including 500 feet above the surface and away from any person, vessel, vehicle, or structure

in non

- congested areas

. See 14 C.F.R. § 91.119(c)

.

An exemption is req ui re d because the proposed UAS operations will normally need to occur

below 400 feet above ground level ( AGL )

. Additionally, due to the nature of the proposed

operations, the PIC and/or observers may need to be less th an 500 feet away from the UAS

. Compared to flight operations with rotorcraft weighing far more than the maximum weights

proposed herein, and given the lack of flammable fuel with the UAS, any risk associated with these

operations is far less than those that presently exist with conventional aircra ft

.

An eq ui valent level of safety will be achieved given the caps on size, weight, and speed of

the UAS, as well the controlled location where the operations will occur

. In order to avoid any risk

to manned aircraft, flight operations will be restricted t o below 400 feet AGL

. As set forth in the

operating documents

, the UAS will be operated in a controlled environment, and all flights will

occur at a lateral dis tance of at least 500 feet from nonparticipating persons, unless that person is in a

position wh ere he or she is shielded from the UAS and any possible debris resulting from UAS

failure

. Procedures will be in place to ensure f light operations can be safely terminated if a

nonparticipating person within 500 feet of the UAS leaves a shielded position

. Further, UAS

operations will occur at least 500 feet away from vehicles or structures

, unless the property

owner/controller has granted permission and the PIC has made a safety assessment of the risk of

operating closer to those objects

, and operations ne ar the PIC or o bserver will not present an undue

hazard per § 91.119(a)

. Adherence to these restrictions in U

- M 's operating documents will ensure

that the proposed operations can be conducted without compromising safety to persons or property

on the ground

.

I. 91.121: Altimeter Settings

To the extent necessary for U

- M to conduct the proposed operations, the University requests

an exemption from 14 C.F.R. § 91.121, which req ui res a person operating an aircraft to maintain

cr ui sing altitude or flight level by reference to an altimeter that is set to the elevation of the departure

airport or barometric pressure

.

The FAA has stated that an eq ui valent level of safety to the req ui rements of 14 C.F.R. §

91.121 can be achieved in circumstances where: (1) the UAS will be operated 400 feet AGL or

below, (2) within VLOS, (3) where GPS

- based altitude information is relayed in real time to the

11 Relief from § 91.119(a) will not be necessary because Petitioner will be able to perform an

emergency landing without undue hazard to persons or property on the g round in the event of a

failure. Petitioner's proposed UAS operations will not occur over congested areas, and therefore an

exemption from § 91.119(b) will not be necessary. See e.g ., Grant of Exemption No. 11157 to

Slugwear, Inc., dba Likeonatree Aerial a t pg. 15 (Docket No. FAA

- 2014

- 0534).U.S. Department of Transportation

August 6 , 2015

Page 16

operator at a ground

- based on

- screen display

, and (4) prior to each flight, a zero altitude initiation

point is established for the PIC to confirm accuracy of the onboard GPS. 12

The UAS that the University intends to use for performing the proposed operations meet all

these operational characteristics

. Moreover, U

- M’s operating documents req ui re the PIC to calibrate

the aircraft's GPS compass prior to each UAS operation

. As the FAA has determined in

circumstances similar to this Petition for Exemption, U

- M’s UAS and the safety mitigation

procedures contained in the University’s operating documents ensure that an eq ui valent level of

safety will be achieved, and a grant of exemption to the req ui rements of § 191.121 is therefore

appropriate.

J. 91.151(a): Fuel Requirements for Flight in VFR Conditions

U

- M requests an exemption from 14 C.F.R. § 91.151(a)'s fuel req ui rements for flight in VFR

conditions

. Section 91.151 states:

(a) No person may begin 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 c r ui sing speed

–

(1) During the day, to fly after that for at least 30 minutes; or

(2) At night, to fly after that for at least 45 minutes.

Here, the technological limitations on UAS battery power means that no meaningful flight

operations can be conduct ed while still maintaining a 30

- minute battery reserve

. An exemption from

the fuel req ui rements of 14 C.F.R. § 91.151(a) is therefore req ui red

.

The FAA has previously granted relief from the fuel requirements of § 91.151(a) for flight in

daytime VFR condi tions in circumstances similar to those presented in this Petition for Exemption

. 13

In Exemption No. 11213 to Aeryon Labs, Inc.

, 14 the FAA determined that a requirement prohibiting

the PIC from beginning a UAS flight unless (considering wind and forec ast we ather conditions)

there was enough available power for the UAS to operate for the intended operational time plus the

greater of at least five minutes thereafter

, or the reserve power recommended by the manufacturer

, would ensure an equivalent level of safe ty to the fuel requirements of § 91.151(a)

. U

- M's operating

documents impose this same requirement and an exemption from § 91.151(a)'s fuel req ui rements for

flight in VFR conditions is therefore appropriate

.

12 See Grant of Exemption No. 11062 to Astraeus Aerial ( Docket No. FAA

- 2014

- 0352 at 21).

13 See e.g., Exemption Nos. 8811, 10808, and 10673

.

14 Docket No. FAA

- 2014

- 0642.U.S. Department of Transportation

August 6 , 2015

Page 17

VI. D RUG AND A LCOHOL P ROGRAM

U

- M will have policies in place to ensure that no person may participate in UAS flight

operations if they are under the influence of alcohol or any drug

.

VII. P UBLIC I NTEREST

The public interest will be served by granting U

- M 's Petition for Exemption

. Congress has

established a na tional policy that favors early integration of UAS into the NAS in controlled, safe

working environments such as those proposed in this Petition

. Granting this Petition for Exemption

helps fulfill Congress' goal in passing Section 333(a) through (c) of the Reform Act

— the FAA

Administrator's assessment of whether certain UAS may operate safely in the NAS before

completion of the statutorily req ui red rulemaking

.

Beyond increased levels of safety, the public stands to benefit enormously from the education

an d research programs supported by the proposed operations in this Petition for Exemption. Whether

the University is using UAS as a platform to advance smart infrastructure capabilities

, or developing

smarter and safer UAS control systems, the public as a wh ole wi ll benefit from the information

gathered and studied as part of the education and research programs supported by the proposed

operations in this Petition for Exemption

.

VIII. P RIVACY

The proposed operations will be conducted in accordance with applicabl e federal, state, or

local laws regarding privacy

. U

- M will not conduct flight operations over property that it does not

own or control without the prior consent and knowledge of the property owner

.

IX. F EDERAL R EGISTER S UMMARY

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the

F EDERAL R EGISTER

, should it be determined that publication is needed:

Petitioner seeks an exemption from the following rules in Title 14 of the Code of Federal

Regulations:

45.23(b); 45.27(a); 61.23(a) and (c); 61.113; 61.101(e)(4) and (5); 61.315; 91.7(a);

91.9(b)(2); 91.9(c); 91.10 3; 91.109(a); 91.119 (b) ; 91.121; 91.151(a); 91.203 (a) & (b); 91.405(a);

91.407(a)(1); 91.409(a)(1) & (2); 91.417 (a) & (b)

.

The exemption will enhance safet y by reducing risk to the general public and property

owners from the substantial hazards associated with using conventional fixed

- wing aircraft or

rotorcraft for aerial data collection in support of University education and research programs

.

X. C ONCLUSION

The proposed operations in this Petition for Exemption satisfy the criteria articulated in

Section 333 of the Reform Act

, and the FAA has issued grants of exemption in circumstances similar

in all respects to those presented by U

- M in this Petition for Exe mption

. In consideration of theU.S. Department of Transportation

August 6 , 2015

Page 18

foregoing, U

- M respectfully submits that this Petition for Exemption qualifies for expedited approval

via the FAA's summary grant process.

We thank you for your prompt consideration of our requested exemptions

. Should you h ave

any questions, or if you need additional information to support the requested exemptions, please do

not hesitate to contact us

.

Very truly yours,

Mark E. McKinnon

Matthew J. Clark

Counsel for t he Uni versity of Michigan

AttachmentsU.S. Department of Transportation

August 6 , 2015

Page 19

(The following attached item s will be submitted under separate cover as they contain proprietary and

commercial information exempt from disclosure under the Freedom of Information Act, 5 U.S.C. §

522 et seq.

, a nd should be held in a separate file pursuant to 14 C.F.R. § 11.35(b)).

Attachment s :

 The University UAS Operations Manual

 Proprietary Vehicle Data Packages