U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave. SE

Washington, DC 20590

Re: Exemption Request Section 333 of the FAA Reform Act

Dear Sir/Madam

April 2, 2015

This petition is being submitted on our own behalf without legal counsel or consulting services.

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act), and 14 

C.F.R. Part 11, Mid-Michigan Helicopters will operate as a planned aerial video company operating a Small 

Unmanned Aircraft System (sUAS) equipped to conduct aerial photography and survey for various industries, 

hereby applies for an exemption from the Federal Aviation Regulations (FARs) listed below to allow operation 

of our sUAS commercially in airspace regulated by the Federal Aviation Administration (FAA) so long as

such operations are conducted with and under the conditions outlined herein or as may be established by the 

FAA as required by Section 333. The requested exemption would permit Mid-Michigan Helicopters to pursue 

its commercial interests in providing services to consumers interested aerial data capture using a small 

advanced sUAV in the following areas:

• Real Estate Photography

• Surveying

• Precision Agriculture

Mid-Michigan Helicopters states that all sUAS flights that will occur over private or controlled access

property, will do so with the property owner's prior consent and knowledge and that only people who have 

consented or otherwise have agreed to be in the area where filming will take place will be filmed .

Additionally, Mid-Michigan Helicopters pilots hold FAA Private Pilot Licenses with Class III Medical 

Certificate and if observers are not qualified pilots, they will attend a ground school to understand the proper 

roles of an observer, communication procedures, proper visual scan techniques, operations at non-towered 

airports, and appropriate sections of the Aeronautical Information Manual.

Regulations from which the exemption is requested:

14 C.F.R. Part 21

14 C.F.R. 61.113(a) and (b)

14 C.F.R. 91.7 (a)

14 C.F.R . 91.119

14 C.F.R. 91.121

14 C.F .R. 91.151(a)

14 C.F.R. (91.401 - 91.417)

Company History

Mid-Michigan Helicopters is a Part 137 aerial application operation based in Greenville, MI. MidMichigan Helicopters will employ FAA certified pilots and mechanics to ensure that all aspects of its UAS 

operation are held to the same standards as any other aviation operation. 

Unmanned Aircraft System

sUAVs are oftentimes seen as superior to helicopters due to the smaller devices cheaper equipment 

and personnel cost, reduced noise and as such, a much smaller environmental impact which promotes public 

safety. We are petitioning for exemption to enable Mid-Michigan Helicopters to operate a DJI Phantom 2

Vision+ V3.0 quadrotor VTOL aircraft, equipped with a three-axis gimbal and the DJI FC40 camera. The 
sUAV weighs 2.7lbs and has a diagonal motor to motor distance of 350mm. It is controlled by a 5.8 Ghz

remote with a 2.4Ghz DJI Range Extender which allows you to stream live video from the sUAV to a 

smartphone mobile device via the DJI Vision app up to 700m away. This sUAV has a built- in capability to 

limit the height it flies above the ground, to limit the radius of the distance it flies from the operator and to 

exclude it from Class B, C and D airspace including a no fly zone feature. The Phantom also has the failsafe 

function of the Naza-M autopilot system which means when the communication between the Main Controller 

and the transmitter is disconnected; the outputs of all command sticks from controller will go to the center 

position. If the GPS signal is good enough, the system will automatically trigger Return to Home and will land 

safely.

The above specifications meet with the Model Aircraft Operating Standards as set below:

• The petitioner will only operate its sUAS in line of sight of a pilot and/or observer and

will operate at sites that are a 'sufficient distance' from populated areas within the sterile

area described in the FOPM. Such operations will insure that the sUAS will "not create a

hazard to users of the national airspace system or the public."

• When flying sUAV within 3 miles of an airport, airport operators will be notified and the

operator will give the right of way to avoid flying in the proximity of full-scale aircraft.

• Maximum flight time for each operational flight will be 30 minutes.

• Flights will be terminated at 25% battery power reserve should that occur prior to the

30 minute limit.

• The sUAV will be programmed so that it will not be operated at an altitude of no more

than 400 feet AGL.

• Minimum crew for each operation will consist of the sUAS Pilot, the Visual Observer

• The sUAS PIC's (Pilot in Command) will be an FAA licensed airman with holding FAA

Private Pilot License and Third Class FAA Medical Certificate.

• The sUAS operated by the petitioner weighs less than 55 pounds, including the payload

(i.e. camera, lens, and gimbal).

• The sUAV will operate at speeds of no more than 29 knots, can hover, and can

simultaneously move vertically and horizontally.

• Given the small size of the sUAS and the restricted sterile environment within which they

will operate, our sUAS operations adhere to the Reform Act's safety requirements.

Additionally, the fact that the pilots hold FAA Pilot licenses demonstrates that they have a high

regard to safe operations with an understanding of FARs, pre-flight inspections, maintenance

and repair, operations within airspace, as well as being trained to high safety standards.

Under the requested exemption Mid-Michigan Helicopters ensures that all operators have completed a

small unmanned aircraft systems (UAS) education and training program including all applicable

regulations and guidance documents; including aeronautical background information such as

charts, NOTAMS and Aircraft Circulars; Radio Communications Procedures; Human Factors and

Crew Resource Management; Basic Small UAS Aerodynamics; Weather factors; Airmanship and

Decision-making and Safe Operating Procedures.

We respectfully request exemption under Section 333 to enable Mid-Michigan Helicopters to operate

efficient, limited, low-risk commercial sUAV operations for the activities stated respecting at all times the 

space and privacy of citizens and property whilst keeping our skies safe.

Sincerely

Jim Barense

Mid-Michigan Helicopters

7480 Backus Rd.

Greenville, MI 48838 

616-450-1170
EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY

Mid-Michigan Helicopters requests an exemption from the following regulations as well as any additional

regulations that may technically apply to the operation of the sUAV System:

14 CFR Part 21, Airworthiness Certificates

This part establishes the procedures for the issuance of an airworthiness certificate. While the

FAA continues to work to develop airworthiness standards for Unmanned Aerial Systems, we request an 

experimental certificate be issued for the DJI Phantom 2 Visioin+ V3.0 under either or both of the following 

provisions:

21.191 Experimental certificates.

Experimental certificates are issued for the following purposes:

(a) Research and development. Testing new aircraft design concepts, new aircraft equipment, new aircraft 

installations, new aircraft operating techniques, or new uses for aircraft.

(b) Showing compliance with regulations. Conducting flight tests and other operations to show compliance 

with the airworthiness regulations including flights to show compliance for issuance of type and supplemental 

type certificates, flights to substantiate major design changes, and flights to show compliance with the function 

and reliability requirements of the regulations . Since the experimental certificate can be used for commercial 

purposes such as market surveys, sales demonstrations, and customer crew training, we would expect that an

experimental certificate would permit our commercial purpose as well.

The aircraft will not carry persons or property, will not carry fuel, and will only fly under strict operational 

requirements. Combined with the UA's light weight, being constructed primarily of carbon fiber and plastic, 

we propose that the UA will be at least as safe, if not safer, than a conventionally certificated aircraft 

performing the same mission. If an ex perimental airworthiness certificate is not appropriate for this 

application, then we request an exemption of 14 CFR Part 21, Subpart H, and the requirement for an 

airworthiness certificate in general, citing the equivalent level of safety outlined in the previous paragraph.

14 CFR 61.113 Private pilot privileges and limitations: Pilot in Command.

The regulation provides that no person that holds a Private Pilot certificate may act as pilot in Command of an 

aircraft for compensation or hire. Subparagraph (b) allows a private pilot to act as pilot in command of an 

aircraft in connection with any business or employment if: (1) The flight is only incidental to that business or 

employment; and (2) The aircraft does not carry passengers or property for compensation or hire. Our 

proposed operations require that the PIC must hold at least a Private Pilot Certificate issued by the FAA and 

since the aircraft cannot carry passengers or property, we feel we meet the intent of 61.113 Subparagraph (b) 

even though the intent of this application is to conduct a business.

14 CFR 91.7 Civil Aircraft Airworthiness.

As no airworthiness certificate will be applicable in the form contemplated by the FARs, this Regulation is

inapplicable.

91.119 (c) Minimum safe altitude over other than congested areas. 

The regulation states that over sparsely populated areas the aircraft cannot be operated closer than 500 feet to 

any person, vessel, vehicle, or structure. Since the typical mission of the sUAS would be photography or 

survey of persons, vessels, vehicles or structures it would be necessary to operate closer than 500 feet to the 

items listed. Operations will only be flown over property or persons where permission has been obtained and 

careful pre-planned has been performed. The aircraft will be operated at a low altitude allowing, if a power 

unit fails, an emergency landing without undue hazard to persons or property on the surface. Therefore we 

maintain that due to the small size of the UAS, the hazard to persons, vehicles and structures is minimal 

compared to manned aircraft, which should be considered in granting the exemption.
CFR 91.121 Altimeter settings. 

The regulation requires that aircraft shall maintain cruising altitudes by reference to an altimeter setting 

available within 100 NM of the aircraft. The sUAS will always fly below 400 feet AGL and will not need to 

maintain cruising altitudes in order to prevent conflict with other aircraft. An Above Ground Level altimeter 

measurement above the takeoff point is transmitted via radio from the sUAS on-board computer to the display 

screen held by the PIC, providing a constantly updated AGL readout.

14 CFR 91.151 Fuel requirements for flight in VFR conditions.

The regulation provides that no person may begin a flight in an airplane under day-VFR conditions unless 

there is enough fuel to fly to the first point of intended landing and to fly after that for at least 30 minutes. We 

feel the intention of this paragraph is to provide an energy reserve as a safety buffer for delays to landing. The 

sUAV is battery operated and the maximum duration of flight from a single battery charge is 12 minutes with a 

20% reserve. Since the aircraft will never fly more than 3/4 NM from the point of intended landing, a full 

battery charge at launch will ensure that we meet the reserve energy requirement of this paragraph. We request 

an exemption to the word "fuel" and ask for an equivalent interpretation with the word "energy".

14 CFR Subpart E (91.401- 91.417)- Maintenance, Preventive Maintenance,

Alterations

The regulation provides that the operator is primarily responsible for maintaining the aircraft in an airworthy 

condition, including compliance with part 39 and 43. Paragraphs 91.407 and 91.409 require that the aircraft be 

"approved for return to service by a person authorized under 43.7" after maintenance and inspection. It is our 

intention that the PIC perform maintenance and inspection of the aircraft and "be authorized to approve the 

aircraft for return to service." The PIC will ensure that the aircraft is in an airworthy condition prior to every 

flight and in addition conduct detailed inspections after every two hours of flight. The PIC will follow the preflight inspection checklist that can be found in either the latest version of the Phantom 2 Vision+ User Manual 

or the DJI Vision App. Maintenance performed by the PIC is limited to repairing small cracks, replacing a 

propeller, checking electrical connections and updating software and firmware for the on-board computer. All 

other maintenance will be performed by the manufacturer or their designated repair facility. The PIC will 

document work performed in accordance with 91.417. We feel that due to the size, construction, and simplicity

of the aircraft, the PIC can ensure an equivalent level of safety.