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STEVELEHTO Attorney atLaw MotownDigital 6689 OrchardLakeRd::-Suite 121 WestBloomfieldMl48322 ·

United States Department ofTransportation DocketManagement System 1200 New Jersey Ave., SE WestBuilding Ground FloorRoom Wl2-140 Washington, DC 20590 February25, 2015 Phone (248) 546-6626 Fax (248) 556-4456 Lehto@Kennon.com



### Re: Exemption Request PursuantTo Section 333 oftheFAAReform Actof2012
Dear Sir orMadam:
I represent Motown Digital, LLC, a Michigan Limited Liability Company doing business as Motown Digital ("Motown"). I am writing pursuant to the FAA Modernization and Reform Act of 20121(the "Reform Act") and the procedures contained in 14 C.F.R. 11, to request that Motown, an owner and operator of small unmanned aircraft, be exempted from the Federal Aviation Regulations ("FARs") listed below so that Motown may operate its small unmanned aircraft I lightweight unmanned aircraft systems ("UAS") commercially in airspace regulated by the Federal Aviation Administration ("FAA'').
As described herein, Motown is the leader in capturing high definition, film quality aerial cinematography with small, unmanned aircraft and lightweight UASs. It is the only company in this region that has publicly shown its ability to carry film quality camera systems, like the Blackmagic DesignCinemaCamera, on a stableUAS platformoperatedbyFAAprivatepilots. Motown has equipped each ofits small unmanned aircraft for aerial photography and cinematography, primarily for use in the video production industry, though given their stability and maneuverability, they may be used for other cinematography, by law enforcement personnel and by other 

### firstresponders. Motown's UASs are the most advanced remote control aircraft being used for these purposes and they are already highly regarded by noteworthy experts in the field of unmanned rotorcraft, as well as feature film and video content providers.
Motownoperates inthe economicallydistressedmetro DetroitregionofMichigan. Its objective isto provide costeffective aerialvideo systemsthatcanbeusedto promote ourregion, supportourmunicipalities, and provide businesses tools needed to aid them in much needed business development andjob creation efforts. Motown digital's CEO is a licensed private pilot with intimate knowledge ofour region's airspace. Motown's UAVoperations andbuildoutis beingconductedwiththe consultationofalocalUAVexpertwith decades of model and UAV aircraft experience. Motown would now like permission to fly its UASs commercially in the United States to capture aerial video and cinematography to help revitalize our economicallychallengedregion.

1 112 P.L. 95 (2012).

### U.S. Dep'tofTransp. June 16, 2014 Page 2of7

Motown's exemption request would permit its operation oflightweight, unmanned (piloted by remote control) and comparatively inexpensive UASs in tightly controlled and limited airspace. Predetermined, specifically marked areas of operation, cordoned off locations and corresponding enhancements to current safety controls will allow Motown to operate within current safety parameters. Currently, similar lightweight, remote controlled UAS's are legally operated by amateurs with no flight experience, safety plan or controls in place to prevent accidents. It seems only logical to allow Motown's experienced remote control pilots, technicians and safety crew to operate similar lightweight UASs. This will act to further safety protocols specific to lightweight UASs as Motown acquires flight data and other information gained through permitted flight operations. Granting Motown's request comports with the Secretary of Transportation's (FAA Administrator's) responsibilities to not only integrate UASs into the national airspace system, but to "

...establish requirements for the safe operation ofsuch aircraft systems [UASs] inthe national airspace system" under Section 333(c) of the Reform Act. Further, Motown will conduct its operations in compliance withthe protocols described herein or as otherwise established bythe FAA.
Forthe reasons stated below, Motown respectfully requests the grant ofan exemption allowingit to operate lightweight, remote controlled UAS's.
1. 

### Motown's Contact Information: MotownDigital 6689 OrchardLakeRoad, 121 WestBloomfield, MI48322 248-990-3675 I

### 877-669-1290 E-Mail: dave@motowndigital.com 2. The Specific Sections ofTitle 14 oftheCode ofFederalRegulations From WhichMotown RequestsExemption are: 14 CFR 21; 14 C.F.R. 45.23(b); 14 CFR 61.113 (a) & 

### (b); 14 C.F.R. 91, et seq.; 14 CFR 407 (a) (1); 

### 14 CFR 409 (a) (2); and, 14 CFR 417 (a) & 

### (b).U.S. Dep'tofTransp. June 16, 2014 Page 3 of7
3. TheExtent ofReliefMotown Seeks andthe Reason ItSeeks SuchRelief:
Motown submits this application in accordance with the Reform Act, 112 P.L. 95 §§ 331-334, seeking relief from any currently applicable FARs operating to prevent Motown's contemplated commercial cinematic, video, and other flight operations within the national airspace system. The FAA has the authority to issue the exemption sought by Motown pursuant to the Federal Aviation Act, 85 P.L. 726 (1958), as amended (the act").
The Reform Act in Section 332 provides for such integration of civil unmanned aircraft systems into our national airspace system as it is in the public's interest to do so. Motown's lightweight UASs meet the definition of "small unmanned aircraft" as defined in Section 331 and therefore the integration of Motown's lightweight UASs are expressly contemplated by the Reform Act. Motown would like to operate its lightweight UASs prior to the time period by which the Reform Act requires the FAAto promulgate rules governing suchcraft.
The Reform Act guides the Secretary in determining the types ofUASs that may operate safely in ournational airspace system. Considerations include:
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112 P.L. 95 §333 (a). Each ofthese items militates in favor ofanexemption for Motown. Motown's UASs utilize 4 to 8 counter-rotating propellers for extreme balance, control and stability. Theyeach weigh less than 25 pounds, including cinematic or other equipment. Each ofMotown's small unmanned aircraft are designed to primarily hover in place and operate at less than a 50 knot maximum speed. They are capable ofvertical and horizontal operations but operate only withinthe line of sight of the remote control pilot. Motown operations include both pilot and photographer thus allowing the pilot to act as PIC and focus attention completely on piloting the UAV. The pilot has it's one control mechanism a uniquebackup cameraas anemergency aidto navigation. Allpilotoperations are strictly visual line ofsite. In addition to the remote control pilot, Motown uses a photographer with a secondary control mechanism. The photographer manages the primary cinema camera. A third operator, our Safety Officer is also always on site. All Motown flights are managed by a 3 person crew atall times. Utilizing battery power, flights generally last between five and twenty minutes. Motown does not operate its UASs with less thantwenty five percent battery capaclty. Safety systems in place include a GPS mode that allows Motown's UASs to hover in place if communication with the radio control pilot is lost and then slowly descend the UAS at twenty five percent battery capacity. Further, Motown's fleet may be programmed, in some instances, to slowly follow a predetermined set ofwaypoints to return to a safety point ifcommunications are lost.
Motown does not operate its UASs near airports and never in Class B, C, or D airspace and generally does not operate them nearpopulated areas. To date, Motown has only operated its fleet in a non commercialmannerin compliancewithall FAAregulations. Motownhas notengaged in any commercial operations. These operations have been in predetermined areas and only in compliance with well regarded safety protocols and under the direction of those with years of non commercial UAV and model aircraft experience. Motown's operation ofits fleet ofsmall unmanned aircraft will not "create a hazard to users ofthe national airspace system or the public." 112 P.L. 95 § 333 (b). Given the small size and weight of,. 

### U.S. Dep'tofTransp. June 16, 2014 Page 4of7 Motown's UASs, combined with their operation in cordoned offand well-controlled areas, Motown'sfleet falls within Congress's contemplated safety zone when itpromulgated the Reform Act andthe corresponding directive to integrate UASs into the national airspace system. Indeed, Motown's UASs have a demonstrable safety record and do notpose anythreatto the general public ornational security. 4. HowMotown's Request Will Benefitthe Public As AWhole:

Granting Motown's exemption request furthers the public interest. Motown intends to produce video content promoting the Southeastern Michigan region and potentially other regions that are facing catastrophic economic conditions. Cinemaqualityvideo provides auniqueperspective andtoolthatwill aid in the region's community based, municipal, and commercial organizations in promoting much-needed business development. Additionally, Congress has already pronounced that it is in the public's interest to integrate commercially flown UASs into the national airspace system, hence the passing of the Reform Act. Second, Motown conducts research into safe UAS operations every time it flies one ofits UASs. Flight data, visual inspections, recorded observations and flight analyses are compiled to further enhance current safety protocols. Allowing Motown to log more flight time directly relates to its ability to fmiher enhance current safety measures. Third, the public has an interest in reducing the danger and emission associated with current aerial cinematic capture methods, namely, full size helicopters. Motown's UASs are battery powered and create no emissions. If a Motown UAS crashes there is no fuel to ignite and explode. The impact of Motown's lightweight UASs is far less than a full size helicopter, notwithstanding the statistically noteworthy safety record of full size helicopters used in motion picture and video capture. The public's interest is furthered by minimizing ecological and crash impacts bypermitting motionpicture andvideo capture throughMotown's lightweight UASs. Progression ofthe arts and sciences has been fundamental to our society since its inclusion in the United States Constitution. Indeed, Congress mandated the integration of UASs into our national airspace system, in part, to achieve progression in this noteworthy, and inevitable, field. Permitting Motown to immediately fly within the United States furthers these goals. Whether it is the amalgam of scientific discoveries applicable to feature film making (including those drawing upon architecture, physics, engineering and cultural inclusiveness) to advancements in publicly usable technologies or advancements in equipment available to law enforcement personnel I 

### first responders that does not cost millions of dollars, granting Motown's exemption request substantially furthers the public's interest in ways known and currently unknown. 5. Reasons Why Motown's Exemption Will NotAdversely Affect Safety or How The ExemptionWillProvideaLevel ofSafetyAtLeastEqualTo ExistingRule: Motown's exemption will not adversely affect safety. Quite the contrary, for the reasons stated, supra, 

### permitting Motown to logmore flighttime inFAA controlled airspace will allow Motown to innovate and implement new and novel, as of yet undiscovered safety protocols. In addition, Motown submits thefollowing representations ofour current aerial video andcinimatic capturetechniques: Motown's UASs weigh less than 25 pounds complete with HD picture quality cameras like the BlackmagicDesignCinemaCamera;

• Motown only operates its UASs below 400 feet; Motown's UASs only operate for 5-20 minutes perfiight; Motown lands its UASs whenthey reach 25% battery power; Motown'sPIC's are FAA licensedprivatepilots withvalid 3rdclassmedical certificates;U.S. Dep'tofTransp. June 16, 2014 Page 5of7

• Motown's PIC's operate Motown's UASs only by line ofsight; Motown's PIC's have video backup should they somehow lose sight oftheUAS;

• Motown staffs each flight with a PIC, photographer, and safetyofficer with communication systems enabling real time communication betweenthem; Motown's UASs have GPS flight modes whereby they hover and then slowly land if communication with PICmechanism is lost orbattery power is below 25%; Motown actively analyses electronic flight data and other sources ofinformation to constantly update and enhance safety protocols; Motown's CEOis aFAA licensed private pilot and conducts a regimented training programwiththe assistance ofUAV/Model aircraftexperts with decades ofexperience; Motown only operates in quarantined areas that are outside ofClassB, C, andD airspace, are atleast2miles away from airports inotherairspace;

• Motown conducts extensive briefings prior to flight, during which safety carries primary importance withall flights conductedunderthe suppervisonofan onsite safety officer; Motown always obtains all necessary permissions priorto operation; and, Motown has procedures in place to abort flights in the event of safety breaches or potential danger. Motown's safety protocols provide a level ofsafety at least equal to existing rules, and in nearly every instance, greater than existing rules. It is important to note that absent the integration of commercial UASs into our national airspace system, helicopters are the primary means ofaerial motion picture capture. While the safety record of such helicopters is remarkably astounding, it is far safer to operate a battery powered lightweight UAS. First, the potential loss oflife is diminished because UASs carry no people on board and Motown only operates them in specific areas away from mass populations. Second, there is no fuel onboard a UAS and thus the potential for fire or explosions is greatly diminished. Third, the small size and extreme maneuverability ofMotown's UASs allow our remote control pilots to avoid hazards. Lastly, given their small size and weight, even when close enough to capture amazing images, Motown's UASs need not be so close to the objects they are focused on. 6. A Summary The FAA MayPublish inthe Federal Register:
A. 14 C.F.R. 21 and 14 C.F.R. 91: Airworthiness Certificates, Manuals andthe Like.
14 C.F.R. 21, Subpart H, entitled Airworthiness Certificates, sets forth requirements for procurement ofnecessary airworthiness certificates in relation to FAR § 91.203(a)(l). The size, weight and enclosed operational area of Motown's UASs permits exemption from Part 21 because Motown's UASs meet an equivalent level of safety pursuant to Section 333 of the Reform Act. The FAA is authorized to exempt aircraft from the airworthiness certificate requirement under boththe Act(49 U.S.C. § 44701 (f)) and Section 333 ofthe Reform Act. Both pieces oflegislation permit the FAA to exempt UASs from the airworthiness certificate requirement in consideration of the weight, size, speed, maneuverability and proximity to areas such as airports and dense populations. Motown's UASs meet or exceed each ofthe elements.
14 C.F.R. 91.7(a) prohibits the operation ofan aircraft without an airworthiness certificate. As no such certificate will be applicable inthe form contemplated by the F ARs, this Regulation is inapplicable.U.S. Dep'tofTransp. June 16, 2014 Page 6 of7

14 C.F.R. § 91.9 (b) (2) requires an aircraft flight manual in the aircraft. As there are no pilots or passengers, and given the size ofthe UASs, this Regulation is inapplicable. An equivalent level ofsafety will be achieved by maintaining a manual at the flight operations center. The FAA has previously issued exemptions to this regulation in Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 10700 and 32827.
14 C.F.R. § 91.121 regarding altimeter settings is inapplicable insofar as Motown's UASs utilize electronic global positioning systems and internal gyroscopes to provide spatial coordination.
14 C.F.R. § 91.203 (a) and (b) provides for the carrying of civil aircraft certifications and registrations. They are inapplicable for the same reasons described above. The equivalent level ofsafety will be achieved by maintaining such certifications and registrations at the Motown's flight operations center.
B. 14 C.F.R. §45.23: Marking oftheAircraft. Applicable Codes of Federal Regulation require aircraft to be marked according to certain specifications. Motown's UASs are, by definition, unmanned. They therefore do not have a cabin, cockpit orpilot station onwhich to mark certain words or phrases. Further, two-inch lettering is difficult to place on such small aircraft. Regardless, Motown will mark its UASs in the largest possible lettering by placing the word "EXPERIMENTAL" on its fuselage as required by 14 C.F.R. §45.29 (f) so that the pilot, technician, spotter and others working with the UAV will see the markings. The FAA has previously issued exemptions tothis**r~gulation** throughExemptions Nos. 8738, 10167, 10167A and 10700.
C. 14C.F.R. § 61.113: Private PilotPrivileges and Limitations: PIC.
Pursuant to 14 C.F.R. §§ 61.113 (a) & (b), private pilots are limited to non-commercial operations. Motown can achieve an equivalent level of safety as achieved by current Regulations because Motown's UASs do not carry any pilots or passengers. Further, while helpful, a pilot license will not ensure remote control piloting skills, though Motown's pilot vetting and training programs will. Further, private pilot licensees withdemonstratedknowledge oftheNationalAirspace System will operate Motown's UASs with the same skill. Further, the risks attendant to the operation ofMotown's UASs is far less than the risk levels inherent in the commercial activities outlined in 14 C.F.R. § 61, et**~­** Thus, allowing Motown to operate its UASs with a privatepilot as the pilot in control will exceed current safety levels inrelationto 14 C.F.R. §61.113 (a) & (b).
D. 14 C.F.R. 91.119: Minimum SafeAltitudes.
14 C.F.R. § 91.119 prescribes safe altitudes for the operation of civil aircraft. It allows helicopters to be operated at lower altitudes in certain conditions. Motown's UASs will never operate at an altitude greater than 400 AGL. Motown will, however, operate its UASs in cordoned offareas with security perimeters, providing a level of safety at least equivalent to those in relation to minimum safe altitudes. Given the size, weight, maneuverability and speed ofMotown's UASs, an equivalent level of safety will be achieved.
E. 14 C.F.R. 91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections.
The above-cited Regulations require, among other things, aircraft owners and operators to "have [the] 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 asU.S. Dep't ofTransp. June 16, 2014 Page7of7 prescribed inpart43 ofthis chapter

...."
These Regulations only apply to aircraft with an airworthiness certificate. They will not, therefore, apply to Motown should its requested exemption be granted. Motown conducts an extensive maintenance program that involves regular software updates and curative measures for any damaged hardware. Therefore, an equivalent level ofsafety will be achieved. This is particularly true insofar as Motown has researched and developed its owndesigns.
F. Summary
Motown seeks an exemption from the following Regulations: 14 C.F.R. 21, subpart H; 14 C.F.R. 45.23(b); 14 C.F.R. §§ 61.113 (a) & (b); 14 C.F.R. § 91.7 (a); 14 C.F.R. § 91.9 (b)(2); 14 C.F.R. § 91.103(b); 14 C.F.R. § 91.109; 14 C.F.R. § 91.119; 14 C.F.R. § 91.121; 14 C.F.R. § 91.151(a); 14 C.F.R. §§ 91.203(a) and (b); 14 C.F.R. § 91.405 (a); 14 C.F.R. § 91.407 (a)(l); 14 C.F.R. § 91.409 (a)(2); 14 C.F.R. § 91.409 (a)(2); and, 14 C.F.R. §§ 91.417 (a) & (b) to commercially operate its fleet of small unmanned vehicles and lightweight unmanned aircraft vehicles in motion picture or television operations, to conduct its ownresearch andto develop economic platforms for law enforcement Ifirst responders. Granting Motown's request for exemption will reduce current risk levels and thereby enhance safety. Currently, video and motion picture image capture relies primarily on the use of larger aircraft running on combustible fuel. Motown's craft do not contain potentially explosive fuel, are smaller, lighter andmore maneuverable than conventional motion picture aircraft. Further, Motown operates at lower altitudes and in controlled areas. Motown has been analyzing flight data and other information in compiling novel safety protocols and the implementation of a flight operations manual that exceeds currently accepted means and methods ofsafe flight. There are no people on board Motown's UASs and therefore the likelihood ofdeath or serious bodily injury is significantly limited. Motown's operation ofits UASs, weighting less than 25 pounds and travelling at speeds lower than 50 knots in cordoned offareas will provide at least an equivalent level ofsafety as that achieved under current FARs. Accordingly, Motown respectfully requests that the FAA grant its exemption request without delay.