.. 

STEVE LEHTO 

Attorney at Law 

Motown Digital 

6689 Orchard Lake Rd::- Suite 121 

West Bloomfield Ml48322 · 

United States Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE 

West Building Ground Floor Room Wl2-140 

Washington, DC 20590 

February 25, 2015 

Phone (248) 546-6626 

Fax (248) 556-4456 

Lehto@Kennon.com 

Re: Exemption Request Pursuant To Section 333 of the FAA Reform Act of2012 

Dear Sir or Madam: 

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 

("F ARs") 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 

Design Cinema Camera , on a stable UAS platform operated by FAA private pilots. Motown has equipped 

each of its 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 first responders. 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. 

Motown operates in the economically distressed metro Detroit region of Michigan. Its objective is to 

provide cost effective aerial video systems that can be used to promote our region, support our municipalities, 

and provide businesses tools needed to aid them in much needed business development and job creation 

efforts. Motown digital's CEO is a licensed private pilot with intimate knowledge of our region's airspace. 

Motown's UA V operations and build out is being conducted with the consultation of a local UA V expert with 

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 

economically challenged region. 

1 112 P.L. 95 (2012). 
U.S. Dep't ofTransp. 

June 16, 2014 

Page 2 of7 

Motown's exemption request would permit its operation of lightweight, 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 of such aircraft systems [UASs] in the national airspace 

system" under Section 333(c) of the Reform Act. Further, Motown will conduct its operations in 

compliance with the protocols described herein or as otherwise established by the FAA. 

For the reasons stated below, Motown respectfully requests the grant of an exemption allowing it 

to operate lightweight, remote controlled UAS's. 

1. Motown's Contact Information: 

Motown Digital 

6689 Orchard Lake Road, 121 

West Bloomfield, MI 48322 

248-990-3675 I 877-669-1290 

E-Mail: dave@motowndigital.com 

2. The Specific Sections of Title 14 ofthe Code ofFederal Regulations From Which Motown 

Requests Exemption 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't of Transp. 

June 16, 2014 

Page 3 of7 

3. The Extent of Relief Motown Seeks and the Reason It Seeks Such Relief: 

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 

FAA to promulgate rules governing such craft. 

The Reform Act guides the Secretary in determining the types of UASs that may operate safely in 

our national airspace system. Considerations include: 

The ~gpt, size, sp::lXl and overall capibilities of the UAS; 

\\beth!r the UAS vvill re qxyated near aii]Xrts cr -p:pulated areas; and, 

\\beth!r the UAS vvill be qxyated by line of sight 

112 P.L. 95 § 333 (a). Each of these items militates in favor of an exemption for Motown. 

Motown's UASs utilize 4 to 8 counter-rotating propellers for extreme balance, control and 

stability. They each weigh less than 25 pounds, including cinematic or other equipment. Each of Motown's 

small unmanned aircraft are designed to primarily hover in place and operate at less than a 

50 knot maximum speed. They are capable of vertical and horizontal operations but operate only within the 

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 UA V. The pilot has it's one 

control mechanism a unique back up camera as an emergency aid to navigation. All pilot operations are strictly 

visual line of site. 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 at all times. 

Utilizing battery power, flights generally last between five and twenty minutes. Motown does not 

operate its UASs with less than twenty 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 of waypoints to return to a 

safety point if communications 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 near populated areas. To date, Motown has only operated its fleet in a 

non commercial manner in compliance with all FAA regulations. Motown has not engaged 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 UA V and model aircraft 

experience. 

Motown's operation of its fleet of small unmanned aircraft will not "create a hazard to users of the 

national airspace system or the public." 112 P.L. 95 § 333 (b). Given the small size and weight of 
,. 

U.S. Dep't of Transp. 

June 16, 2014 

Page 4 of7 

Motown's UASs, combined with their operation in cordoned off and well-controlled areas, Motown's fleet 

falls within Congress's contemplated safety zone when it promulgated the Reform Act and the corresponding 

directive to integrate UASs into the national airspace system. Indeed, Motown's UASs have a 

demonstrable safety record and do not pose any threat to the general public or national security. 

4. How Motown's Request Will Benefit the Public As A Whole: 

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. Cinema quality video provides a unique perspective and tool that will 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 of its 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 by permitting motion picture and video capture through Motown's lightweight UASs. 

Progression of the 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 Not Adversely Affect Safety or How The 

Exemption Will Provide a Level of Safety At Least Equal To Existing Rule: 

Motown's exemption will not adversely affect safety. Quite the contrary, for the reasons stated, 

supra, permitting Motown to log more flight time in FAA controlled airspace will allow Motown to innovate 

and implement new and novel, as of yet undiscovered safety protocols. In addition, Motown submits 

the following representations of our current aerial video and cinimatic capture techniques: 

Motown's UASs weigh less than 25 pounds complete with HD picture quality 

cameras like the Blackmagic Design Cinema Camera; 

• Motown only operates its U ASs below 400 feet; 

Motown's UASs only operate for 5-20 minutes per fiight; 

Motown lands its UASs when they reach 25% battery power; 

Motown's PIC's are FAA licensed private pilots with valid 3rd class medical certificates; 
U.S. Dep't ofTransp. 

June 16, 2014 

Page 5 of7 

• Motown's PIC's operate Motown's UASs only by line of sight; 

Motown's PIC's have video backup should they somehow lose sight ofthe UAS; 

• Motown staffs each flight with a PIC, photographer, and safety officer with 

communication systems enabling real time communication between them; 

Motown's UASs have GPS flight modes whereby they hover and then slowly land if 

communication with PIC mechanism is lost or battery power is below 25%; 

Motown actively analyses electronic flight data and other sources of information to 

constantly update and enhance safety protocols; 

Motown's CEO is a FAA licensed private pilot and conducts a regimented training 

program with the assistance ofUA V/Model aircraft experts with decades of experience; 

Motown only operates in quarantined areas that are outside of Class B, C, and D airspace, 

are at least 2 miles away from airports in other airspace; 

• Motown conducts extensive briefings prior to flight, during which safety carries 

primary importance with all flights conducted under the suppervison of an on site safety 

officer; 

Motown always obtains all necessary permissions prior to 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 of safety 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 of aerial 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 of life 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 on board a UAS and thus the potential for fire or explosions is greatly diminished. 

Third, the small size and extreme maneuverability of Motown'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 May Publish in the Federal Register: 

A. 14 C.F.R. 21 and 14 C.F.R. 91: Airworthiness Certificates, Manuals and the Like. 

14 C.F.R. 21, Subpart H, entitled Airworthiness Certificates, sets forth requirements for 

procurement of necessary 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 both the Act (49 U.S.C. 

§ 44701 (f)) and Section 333 of the Reform Act. Both pieces of legislation 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 of the elements. 

14 C.F.R. 91.7(a) prohibits the operation of an aircraft without an airworthiness certificate. As no 

such certificate will be applicable in the form contemplated by the F ARs, this Regulation is inapplicable. 
U.S. Dep't of Transp. 

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 of the UASs, this Regulation is inapplicable. An equivalent level of safety 

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 of safety 

will be achieved by maintaining such certifications and registrations at the Motown's flight operations 

center. 

B. 14 C.F.R. § 45.23: Marking ofthe Aircraft. 

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 or pilot station on which 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 UA V will see the markings. The FAA has 

previously issued exemptions to this r~gulation through Exemptions Nos. 8738, 10167, 10167A and 10700. 

C. 14 C.F.R. § 61.113: Private Pilot Privileges 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 with demonstrated knowledge ofthe National Airspace System will operate 

Motown's UASs with the same skill. Further, the risks attendant to the operation of Motown'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 private pilot as the pilot in control will exceed current 

safety levels in relation to 14 C.F.R. §61.113 (a) & (b). 

D. 14 C.F.R. 91.119: Minimum Safe Altitudes. 

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 off areas 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 of Motown'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 as 
U.S. Dep't ofTransp. 

June 16, 2014 

Page7of7 

prescribed in part 43 of this 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 of safety will be achieved. This is particularly true insofar as 

Motown has researched and developed its own designs. 

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 own research and to develop economic platforms for law enforcement I first 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 and more 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 of safe flight. 

There are no people on board Motown's UASs and therefore the likelihood of death or serious 

bodily injury is significantly limited. Motown's operation of its UASs, weighting less than 25 pounds 

and travelling at speeds lower than 50 knots in cordoned off areas will provide at least an equivalent level 

of safety as that achieved under current F ARs. 

Accordingly, Motown respectfully requests that the FAA grant its exemption request without 

delay.