1701 E. Front Street I Traverse Ciry, MI 49686-3061 

(231) 995-1000 1(800) 748-0566 1 www.nmc.edu 

Northwestern 

Michigan 

College 

U.S. Department of Transportation June 12, 2015 

Docket Management System 

1200 New Jersey Ave., SE 

Washington, DC 20590 

Re: Petition of Northwestern Michigan College, for an Exemption Pursuant to 

Section 333 of the FAA Modernization and Reform Act of 2012. 

Dear Sir or Madam: 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 ("Reform 

Act") and 14 C.F.R. Part 11, Northwestern Michigan College (NMC) hereby applies for an 

exemption from the Federal Aviation Regulations (FARs) identified below, to allow commercial 

operation of small unmanned aerial vehicles (i.e., "small unmanned aircraft" or "UAS") as part 

of NMC's UAS flight training operations. 

This exemption is made based on information outlined in this Petition for Exemption, as well as 

the accompanying manuals, COA's, user guides. Northwestern Michigan College submits these 

supporting materials as confidential documents pursuant to 14 C.F.R. § 11.35(b), as the materials 

contain confidential commercial and proprietary information that NMC has not and will not 

share with others. Additionally, these documents contain operating conditions and procedures 

that are not generally available to the public and are protected from release under the Freedom of 

Information Act, 5 U.S.C. § 552 et seq., and any other requirements established by the FAA 

pursuant to Section 333 of the Reform Act. 

Regulations from which Northwestern Michigan College is requesting exemption: 

14 CFR Part 21 and Part 27 Aircraft Certification Requirements 

14 CFR61.113 (a) &(b) Private Pilots Operating for Hire 

14 CFR 61.3 (d)(2)(i ii) Operations Requiring Flight Instructor Certificate 

14 CFR 91.7 (a) Civil Aircraft Airworthiness 

14 CFR 91.9 (b) (2) Civil Aircraft Flight Manual in the Aircraft 

14 CFR 91.109 Flight Instruction 

14 CFR 91.119 Minimum Safe Altitudes 

14 CFR 91.151 (a) Fuel Requirements for Flight in VFR Conditions 

14 CFR 91.203 (a) &(b) Required Airworthiness Documents for Flight 

14 CFR 91.405 (a) Maintenance Inspections 

14 CFR 91.407 (a) (1) Maintenance Inspections 

14 CFR 91.409 (a) (2) Airworthiness Certificates 

14 CFR 91.417 (a) &(b) Maintenance Record Keeping 

Find it here. 
Description of Petitioney 

Training aviation professionals since 1967, Northwestern Michigan College has a proven 

background in delivering safe and effective flight training to generations of pilots. Today, NMC 

operates an FAA Part 141 facility, as well as academic courses in Unmanned Aircraft Systems. 

NMC is accredited by the North Central Association of Colleges and Schools. 

Northwestern Michigan College is determined to carry our tradition of flight training into the 

UAS industry. NMC's vision is to develop a UAS curriculum and training environment that 

meets the needs of a rapidly growing industry, fosters a community of students and instructors 

who put safety first, and develops a new generation of pilots. 

As part of this vision, NMC seeks an exemption for commercial operations of small UAS to 

conduct training courses to instruct students in the safe operation of unmanned aircraft and their 

associated systems. 

In accordance with 14 CFR 11.81(a), Northwestern Michigan College provides the following 

information in support of its petition for exemption. 

Petitioner Contact Information: 

Alexander Bloye 

Director of Aviation 

Northwestern Michigan College 

1701 E. Front Street 

Traverse City, MI 49686 

Phone: (231) 995-2929 

Fax: (231) 929-7116 

Email: abloye@nmc.edu 

Desci•iption of Proposed OpeYation 

Northwestern Michigan College intends to establish a UAS flight instruction program similar in 

operational procedure to our current manned aviation school. This program will introduce 

students to the elements of UAS operations consistent with Section 333 of the Reform Act 

"...for the safe operation of such aircraft systems in the national airspace system". 

Prior to each lesson/mission, as set forth in NMC's UAS Policies and Procedures Handbook, the 

Pilot in Command (PIC) will ensure proper Notices to Airmen (NOTAMS) are filed, weather 

meets or exceeds minimum conditions, flight batteries are tested, and performance calculations 

are correct and appropriate. Each UAS will be flown and operated in accordance with 

accompanied Flight Manuals, and FAA and manufacturer limitations. 
NMC Plans on providing training with a fleet of the following types of aircraft: 

• UAVFactory, Penguin B (Fixed Wing) 

• FPV Flying, Mugin (Fixed Wing) 

• Merrill Technologies Group, Torrent (Fixed Wing) 

• SenseFly, eBee (Fixed Wing) ' 

• Aeryon Labs, Sky Ranger (Rotorcraft) 

NMC UAS operations will be conducted in accordance with parameters prescribed in the 

appropriate COA's and under the following conditions and limitations: 

1.NMC UAS operations are limited to the aforementioned fleet when weighing less than 55 

pounds including payload. NMC recognizes, proposed operations of any other aircraft will 

require a new petition or a petition to amend this exemption. 

2. Operation of NMC UAS for the purpose of closed-set motion picture and television filming 

are not permitted. 

3. NMC UAS will not be operated at a speed exceeding 87 knots (100 miles per hour). The PIC 

may use either groundspeed or calibrated airspeed to determine compliance with the 87 knot 

speed restriction. In no case will NMC UAS be operated at airspeeds greater than the maximum 

UAS operating airspeed recommended by the aircraft manufacturer. 

4. NMC fixed-wing UAS will be operated at an altitude of no more than 700 feet above ground 

level (AGL) in accordance with current COA's. NMC rotorcraft UAS will be operated at an 

altitude of no more than 400 feet above ground level (AGL) in accordance with current COA's. 

5. NMC UAS will be operated within visual line of sight (VLOS) of the PIC at all times. This 

requires the PIC to be able to use human vision unaided by any device other than corrective 

lenses, as specified on the PIC's FAA-issued airman medical certificate or U.S. driver's license. 

6. All NMC UAS operations will utilize a visual observer (VO). NMC UAS will be operated 

within the visual line of sight (VLOS) of the PIC and VO at all times. The VO may be used to 

satisfy the VLOS requirement as long as the PIC always maintains VLOS capability. The VO 

and PIC will be able to communicate verbally at all times; electronic messaging or texting is not 

permitted during flight operations. The'PIC will be designated before the flight and cannot 

transfer his or her designation for the duration of the flight. The PIC will ensure that the VO can 

perform the duties required of the VO. 

7. All required operating documents will be accessible during NMC UAS operations and made 

available to the Administrator upon request. NMC UAS operators will follow the procedures as 

outlined in its operating documents. 
8. Any NMC UAS that has undergone maintenance or alterations that affect the UAS operation 

or flight characteristics, e.g., replacement of a flight critical component, will undergo a 

functional test flight prior to conducting fiirther training operations. Functional test flights may 

only be conducted by an NMC PIC with a VO and will remain at least 500 feet from other 

people. The functional test flight will be conducted in such a manner so as to not pose an undue 

hazard to persons and property. 

9. NMC will be responsible for maintaining and inspecting each UAS to ensure that they are in a 

condition for safe operation. 

10.Prior to each flight, the NMC PIC will conduct a pre-flight inspection and determine the 

UAS is in a condition for safe flight. The pre-flight inspection will account for all potential 

discrepancies, e.g., inoperable components, items, or equipment. If the inspection reveals a 

condition that affects the safe operation of the UAS, the aircraft is prohibited from operating 

until the necessary maintenance has been performed and the UAS is found to be in a condition 

for safe flight. 

11.NMC will follow the UAS manufacturer's maintenance, overhaul, replacement, inspection, 

and life limit requirements for the aircraft and aircraft components. 

12.UAS operated by NMC will comply with all manufacturer safety bulletins. 

13.NMC UAS PIC's will hold either an airline transport, commercial, or private pilot certificate. 

The PIC will also hold a current FAA airman medical certificate. The PIC will also meet the 

flight review requirements specified in 14 CFR § 61.56 in an aircraft in which the PIC is rated on 

his or her pilot certificate. 

14.NMC will not permit any PIC to operate unless the PIC demonstrates the ability to safely 

operate the UAS in a manner consistent with how the UAS will be operated under FAA 

exemption, including evasive and emergency maneuvers and maintaining appropriate distances 

from persons, vessels, vehicles and structures. PIC qualification flight hours and currency will be 

logged in a manner consistent with 14 CFR § 61.51(b). NMC training operations will only be 

conducted during dedicated training sessions. During training, proficiency, and experiencebuilding flights, all persons not essential for flight operations or not observing as part of an 

academic flight lab, are considered nonparticipants, and the PIC will operate the UA with 

appropriate distance from nonparticipants as to ensure the safety of both crew and observers. 

15.NMC UAS operations will not be conducted during night, as defined in 14 CFR § 1.1. All 

NMC UAS operations will be conducted under visual meteorological conditions (VMC). Flights 

under special visual flight rules (SVFR) are not authorized for NMC UAS operations. 

16.NMC will not operate UAS within 5 nautical miles of an airport reference point (ARP) as 

denoted in the current FAA Airport/Facility Directory (AFD) or for airports not denoted with an 

ARP, the center of the airport symbol as denoted on the current FAA-published aeronautical 

chart, unless a letter of agreement with that airport's management is obtained or otherwise 

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permitted by a COA issued to NMC. The letter of agreement with the airport management will 

be made available to the Administrator or any law enforcement official upon request. 

17. NMC UAS will not be operated less than 500 feet below or less than 2,000 feet horizontally 

from a cloud or when visibility is less than 3 statute miles from the PIC. 

18. If NMC UAS loses communications or loses its GPS signal, they have the capability and will 

return to a pre-determined location within the private or controlled-access property. 

19. NMC UAS PIC's will abort flights in the event of unpredicted obstacles or emergencies. 

20. NMC UAS PIC's are prohibited from beginning a flight unless (considering wind and 

forecast weather conditions) there is enough available power for the UAS to conduct the 

intended operation and to operate after that for at least five minutes or with the reserve power 

recommended by the manufacturer if greater. 

21. All NMC UAS operations will be conducted in accordance with an Air Traffic Organization 

(ATO)-issued COA. 

22. All NMC aircraft will be identified by serial number, registered in accordance with 14 CFR 

part 47, and have identification (N—Number) markings in accordance with 14 CFR part 45, 

Subpart C. Marking will be as large as practicable. 

23. Documents used by NMC to ensure the safe operation and flight of the UAS and any 

documents required under 14 CFR §§ 91.9 and 91.203 will be available to the PIC at the Ground 

Control Station of the UAS any time the aircraft is operating. These documents will be made 

available to the Administrator or any law enforcement official upon request. 

24. NMC UAS will remain clear and give way to all manned aviation operations and activities at 

all times. 

25. NMC UAS will not be operated by the PIC fi•om any moving device or vehicle. 

26. All NMC UAS Flight operations will be conducted at least 500 feet from all nonparticipating 

persons, vessels, vehicles, and structures unless: a. Barriers or structures are present that 

sufficiently protect nonparticipating persons from the UA and/or debris in the event of an 

accident. NMC will ensure that nonparticipating persons remain under such protection. If a 

situation arises where nonparticipating persons leave such protection and are within 500 feet of 

the UA, flight operations will cease immediately in a manner ensuring the safety of 

nonparticipating persons; and b. The owner/controller of any vessels, vehicles or structures has 

granted permission for operating closer to those objects and the PIC has made a safety 

assessment of the risk of operating closer to those objects and determined that it does not present 

an undue hazard. The PIC, VO, operator trainees or essential persons are not considered 

nonparticipating persons. 

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27. All NMC UAS operations will be conducted over private or controlled-access property with 

permission from the property owner/co.ntroller or authorized representative. Permission fi•om 

property owner/controller or authorized representative will be obtained for each flight to be 

conducted. 

28. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries 

of the operational area as defined by the applicable COA will be reported to the FAA's UAS 

Integration Office (AFS-80) within 24 hours. Accidents will be repoi -ted to the National 

Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: 

www.ntsb.gov. 

Re,gulations from which Exemption is Souaht 

Northwestern Michigan College seeks exemption from several interrelated provisions of 14 

C.F.R. Parts 21, 45, 61, and 91 for the puiposes of conducting the requested operations using 

UAS. Listed below are: (1) the specific sections of 14 C.F.R. for which exemption is sought, 

and; (2) the operating procedures and safeguards that the Petitioner has established which will 

ensure a level of safety better than or equal to the rules from which exemption is sought. 

14 CFR Part 21, Subpart H, 14 CFR Part 27, and 14 CFR 91.203 (a) (1) and (b) - 

Airworthiness Certificates 

As stated in Exemption No. 11304, Regulatory Docket No. FAA-2014-1014, precedent in this 

matter is established. 

NMC's proposed UASs are safe when taking into account their limited size, weight, speed, 

operating capabilities. NMC UAS will be operated outside of controlled airspace, in VFR 

conditions, and within VLOS at all times. NMC believes an airworthiness certificate is not 

necessary to ensure an equivalent level of safety to manned aircraft operations. Both Part 21 and 

Part 27 set forth procedural requirements for airworthiness certification. 

Further 14 CFR 91.203 states that: 

(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 required 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 of NMC UAS's; they are not capable of carrying airworthiness documents 

and other related flight manuals. 
An equivalent level of safety will be accomplished by keeping all required documentation for 

flight at the Ground Control Station (GCS), and ensuring that the PIC has continuous access to 

those documents during flight operations. 

14 CFR61.113 (a) &(b) and 14 CFR 61.3 (d)(2)(i ii) - Private Pilot Privileges and 

Limitations 

As stated in Exemption No. 11304, Regulatory Docket No. FAA-2014-1014, precedent in this 

matter is established. 

14 CFR 61.113 (a) and (b) state that: 

(a) Except as provided in paragraphs (b) through (h) of this section, no person who holds 

a private pilot certificate may act as pilot in command of an aircraft that is carrying 

passengers or property for compensation or hire; nor may that person, for compensation 

or hire, act as pilot in command of an aircraft. 

(b) A private pilot may, for compensation or hire, 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. 

NMC will be employing Instructors with an FAA Private Pilot's License to operate its UAS. As 

stated, 61.113 restricts Private Pilots from flying aircraft for compensation or hire. The FAA 

Commercial Pilot License ensures that a pilot can safely operate a manned aircraft carrying 

persons and or property for compensation or hire. NMC UAS Instructors will be operating 

UASs for the sole commercial purpose -of flight instruction. Moreover, NMC UASs are not 

capable of carrying persons and or property. An equivalent level of safety will be met through 

extensive training of NMC UAS Instructors on the aforementioned UASs to a level of 

proficiency that is greater than or equal to the Commercial Pilot level. 

Further 14 CFR 61.3 (d)(2)(i ii) states that: 

(d) Flight instructor certificate. (1) A person who holds a flight instructor certificate 

issued under this part must have that certificate, or other documentation acceptable to the 

Administrator, in that person's physical possession or readily accessible in the aircraft 

when exercising the privileges of that flight instructor certificate. 

(2) Except as provided in paragraph (d)(3) of this section, no person other than the 

holder of a flight instructor certificate issued under this part with the appropriate 

rating on that certificate may— 

(iii) Endorse a pilot logbook to show training given; or... 

As stated, 61.3 requires that flight training be received from a Certified Flight Instructor. NMC 

requests an exemption from this regulation being that NMC UAS Instructors may not hold an 
FAA Flight Instructor Certificate. NMC UAS Instructors will be required to hold an FAA 

Private Pilot License and current FAA medical certificate. 

NMC will ensure an equivalent level of safety to 14 CFR 61.3 and 61.113 by following the 

safety procedures set forth in NMCs UAS Policies and Procedures Handbook, and a 

demonstration of proficiency through written and oral examination covering all aspects of flight 

operations. 

14 CFR 91.7 (a) Civil Aircraft Airworthiness 

As stated in Exemption No. 11304, Regulatory Docket No. FAA-2014-1014, precedent in this 

matter is established. 

14 CFR 91.7 states that: 

(a) No person may operate a civil aircraft unless it is in an airworthy condition. 

NMC UASs are not issued FAA airworthiness certificates and as such, have no regulatory 

standard for detei-mining airworthiness. Note, the FAA has stated that no exemption is required 

for 14 CFR 91.7 (a) if the requirements of Part 21 are found inapplicable. 

14 CFR 91.9 (b) (2) Civil Aircraft Flight Manual in the Aircraft 

As stated in Exemption No. 11304, Regulatory Docket No. FAA-2014-1014, precedent in this 

matter is established. 

14 CFR 91.9 (b) (2) states that: 

(b) No person may operate a U.S.-registered civil aircraft— 

(2) For which an Airplane or Rotorcraft Flight Manual is not required by§ 21.5 of 

this chapter, unless there is available in the aircraft a current approved Airplane or 

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

any combination thereof. 

Given the small size of NMC UAS's and that they are not capable of carrying airworthiness 

documents and other related flight manuals. 

An equivalent level of safety will be accomplished by keeping all required documentation for 

flight at the GCS, and ensuring that the PIC has continuous access to those documents during 

flight operations. 

14 CFR 91.109 Flight Instruction 

As stated in Exemption No. 11304, Regulatory Docket No. FAA-2014-1014, precedent in this 

matter is established. 

E:3 
14 CFR 91.109 states that: 

(a) No person may operate a civil aircraft (except a manned free balloon) that is being 

used for flight instruction unless that aircraft has fully functioning dual controls. 

UASs, by design, do not have fully functioning dual controls. Rather, control is accomplished 

through a device that communicates with the aircraft by radio communications. This is 

accomplished with either a hand-held transmitter, or a ground control station (GCS). 

During training operations utilizing a hand-held transmitter, NMC will use a buddy-box system 

to achieve an equivalent level of safety. During which the PIC's transmitter will be connected to 

the student's transmitter via cable. The PIC will have, at all times during flight operations, the 

ability to take control of the aircraft using a switch located on his or her transmitter. No person 

other than qualified NMC Instructors will be authorized to fly NMC UASs "solo" or without a 

buddy box. 

During training operations using a GCS, an NMC authorized PIC will be at the GCS at all times 

while the student is receiving instruction. In addition, a visual observer (VO) will ensure VLOS 

is maintained at all times during flight operations. Per NMC's UAS Policy and Procedure 

Handbook, the PIC will have command of all flight operations. No person will be authorized to 

fly NMC UASs "solo" or without a qualified NMC PIC and VO. 

14 CFR 91.119 Minimum Safe Altitudes 

As stated in Exemption No. 11304, Regulatory Docket No. FAA-2014-1014, precedent in this 

matter is established. 

14 CFR 91.119 (c) states that: 

(b) Over other than congested areas. An altitude of 500 feet above the surface, except 

over open water or sparsely populated areas. In those cases, the aircraft may not be 

operated closer than 500 feet to any person, vessel, vehicle, or structure. 

NMC requests an exemption from 91.119 because the proposed UAS training operations may be 

conducted below 400 feet AGL. Also, NMC PICs, visual observers, instructors, and or students 

may be less than 500 feet away from the UAS. 

Given the size, weight, and speed limitations of the UASs, and that they will be operated in a 

controlled environment; an equivalent level of safety will be met. Operations will be conducted 

at a sterile location that is owned or operated by NMC. This exemption will also help to ensure 

separation between NMC UAS and conventional aircraft. 

All NMC COA's will establish and provide a safe operational area and safe operational 

limitations. 

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14 CFR 91.151 (a) Fuel Requirements for Flight in VFR Conditions 

As stated in Exemption No. 11304, Regulatory Docket No. FAA-2014-1014, precedent in this 

matter is established. 

14 CFR 91.151 (a) states that: 

(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 cruising 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. 

NMC is seeking an exemption from 14 CFR 91.151 (a) for our battery powered UASs. This 

includes the Torrent, the eBee, and the Sky Ranger. NMC battery powered UASs are not capable 

of performing flight operatiqns while still maintaining a 30 minute battery reserve. 

An equivalent level of safety will be achieved by requiring operations be completed within 30 

minutes of flight time or with 25% battery power remaining, whichever occurs first. An onscreen display will continuously provide current battery power. In addition, voltage limits will 

be pre-programmed into the UAS parameters before each flight. If the PIC fails to land the UAS 

within pre-set parameters, the UAS will autonomously return to its launch site. 

NMC is not requesting exemption from 14 CFR 91.151 (a) for the Penguin B and Mugin UASs. 

These aircraft can comply with this CFR. 

14 CFR 91.405 (a), 14 CFR 91.407 (a) (1), 14 CFR 91.409 (a) (2), & 14 CFR 91.417 (a) &(b) 

Maintenance Inspections 

As stated in Exemption No. 11 3 04, Regulatory Docket No. FAA-2014-1014, precedent in this 

matter is established. 

NMC seeks an exemption from maintenance inspection regulations found in 14 CFR 91.405 (a), 

14 CFR 91.407 (a) (1), 14 CFR 91.409 (a) (2), & 14 CFR 91.417 (a) &(b). An exemption from 

these regulations is needed because they apply to aircraft with an airworthiness certificate. NMC 

UASs will not have airwoi-thiness certificates. 

An equivalent level of safety will be achieved by performing all maintenance and inspections in 

accordance with associated manufactures' manuals and bulletins. In addition, a preflight 

checklist and inspection will be performed before every flight of NMC UASs. All maintenance 

inspections and events will be recorded and will be conducted on a routine basis. 

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Public Interest Statement 

This petition supports Congress' goal that favors early integration of UAS into the National 

Airspace System in a safe and controlled manner. 

The proposed UAS operations will support public interests through the safe and controlled 

training of professional UAS operators to meet industry demands. 

This petition for exemption affords the FAA an opportunity to collaborate with a recognized 

academic institution that will further the promotion of best practices for UAS training and 

qualification standards. 

FedeYal Register Summary 

The following summary is provided for publication in the Federal Register: 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012, Petitioner is 

seeking exemption from the following regulations: 

14 CFR Part 21 and Part 27; 14 CFR61.113 (a) &(b); 14 CFR 61.3 (d)(2)(i ii); 14 CFR 91.7 (a); 

14 CFR 91.9 (b) (2); 14 CFR 91.109; 14 CFR 91.119; 14 CFR 91.151 (a); 14 CFR 91.203 (a) & 

(b); 14 CFR 91.405 (a); 14 CFR 91.407 (a) (1); 14 CFR 91.409 (a) (2); 14 CFR 91.417 (a) &(b). 

Cnnclu.cinn 

In the spirit of Northwestern Michigan College's nearly 50 years of training aviation 

professionals, we humbly and sincerely submit this petition for exemption. In doing so, 

satisfying the criteria set forth in Section 333 of the Reform Act of 2012, and providing 

justification to grant the ability to offer safe training of the next generation of aviation students. 

Should you require additional information to support this petition, please contact my office at 

your convenience. 

Sincerely, 

Alexander Bloye 

Director of Aviation 

Northwestern Michigan College 

Phone: 231-995-2929 

Email: abloye@nmc.edu 

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