September 26, 2015 

U.S. Department of Transportation, Docket Operations 

West Building Ground Floor, Room W12-140 

1200 New Jersey Avenue, SE 

Washington, DC 20590 

Dear Sir or Madam: 

Adam D. Bruski 

Lambert Leser, Attorneys at Law 

P0Box835 

Bay City, MI 48707 

abruski@lambertleser.com 

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

Act") and CFR Part 11, Michigan Aerial Imaging, LLC ("MAl") whose address is 801 E. 

Meadowbrook Drive, Midland, MI 48642, owner and operator of Small Unmanned Aircraft 

Systems ("UAS") for aerial photography and video for the real estate industry, agriculture 

industry, construction industry, television and special events requests to be exempted 

from the Federal Aviation Regulations ("FAR") listed below so that MAl may operate UAS 

commercially in airspace regulated by the FAA as long as such operations are conducted 

within and under the conditions outlined herein or as maybe established by the FAA as 

required by Section 333. 

An exception is being requested because MAl can provide a level of safety this is equal to 

those provided by existing rules, and the request is in the public interest. The FAA's 

authority to issue exemptions from operating rules, and the Secretary's authority granted 

by Section 333 of P.L. 112 .. ·95, Special Rules for Certain Unmanned Aircraft Systems, 

provide an opportunity to authorize certain UAS operations ih the National Airspace 

System ("NAS") prior to implementation of the UAS rule. This incremental step and 

opportunity will allow MAl to safely and legally enter into the NAS. All operations will be 

performed with the public's safety and right to privacy safeguarded at all times. 

As described below, the requested exception would permit the operation of light weight 

(less than 55 lbs. total takeoff weight) UAS under controlled conditions in airspace that is 

limited, predetermined, subject to controlled access, and would provide safety 

enhancements to the already safe operation of those aircraft of similar size, weight, speed 

and operating capability that have been granted entry into the NAS via the rules in 

Academy of Model Aeronautics (AMA) National Safety Code. 

MAl UAS are rotorcraft weighing less than 55 pounds including payload specifically the 

DJI Phantom 3 Professional Copters. They operate at speeds less than 50 knots and have 

the capability to hover and move in the vertical and horizontal plane simultaneously. They 

also have an auto return to launch point when battery power is 
under 25%. The UAS will operate within the line of sight with in a protected flight area as 

described below and at 200 feet AGL or less with an observer located close at hand as to 

make voice communication possible. These operations will not create a hazard to users 

of the nation airspace, public nor the environment. 

MAl respectfully requests the grant of an exception to the following specific sections of 

the Title 14 Code of Federal regulations allowing it to operate lightweight UASs for 

commercial use, 

14 CFR 21, subpart H, 

14 CFR 45.23 (b) 

14 CFR 91.7 (a), 91.9 (b) (2) 91.103 (b), 91.109, 91.119, 91.121,91.151,(a), 91.203(a) & 

(b),91.405(a),91.407(a)(1), 91.409(a) & (b). 

MAl submits this application in accordance with the Reform Act 112 P.L. 95 331-·334, 

seeking relief from any currently applicable FAR'S operating to prevent MAl future 

commercial use of small UAS to operate in the national airspace system as described 

below. The Reform Act section 332 provides for such integration of civil unmanned 

aircraft into our national airspace system as it is in the public's interest to do so. MAl UAS 

meet the definition of "small unmanned aircraft" as defined in Section 331 and therefor 

the integration of these UAS are expressly contemplated by the Reform Act. MAl would 

like to operate its light weight UAS prior to the time period by which the Reform Act 

requires the FAA to promulgate rules governing such aircraft. 

The Reform Act directs the Secretary of Transportation to consider whether certain 

unmanned aircraft systems may operate safely in national airspace before completion of 

the rule making required under Section 332 of the Reform Act. In making this 

determination, the Secretary of Transportation is required to determine which UAS do 

create a hazard to users of the national airspace system or the public or pose a threat to 

national security in light of the following: 

• The UAS size, speed, weight and operational capability 

• Operation of the UAS in close proximity to airports and populated areas 

• Operation of the UAS within visual line of sight of the operator 

Reform Act 333(a). If the secretary determines that such vehicles "may operate safely in 

National Airspace System, the secretary shall establish requirements for the safe 

operation in national airspace". 

MAl UAS are rotorcraft weighing less than 55 lbs. and they operate at speeds less than 50 

knots and have the capability to operate in the vertical and horizontal plane 

simultaneously. The UAS will operate only within the line of sight of the operator within 

a protected flight area and at 200 feet AGL or less. These will not present a hazard to the 

national airspace nor the public. 
The very small nature ofthese UASs combined with the safe guards presented below, will 

allow for the safe operation greater than that envisioned by Congress for the FAA to 

establish and by exemption allow commercial operations of UAS to commence 

immediately. Also due to the size of UAS and the areas and altitudes they will operate 

approval of this exception presents no national security issues and absolutely minimal 

safety concerns which have been mitigated through our rigorous risk management 

process. Given the clear direction given in Section 333 of the Reform Act, the authority 

contained in the Federal Aviation Act, as amended, the strong equivalent level of enhanced 

safety, reduced emissions utilizing UAS verses traditional aircraft as well as the economic 

impact of greatly reducing the cost of aerial photography thereby benefiting the greater 

public's interest. Accordingly, the applicant requests that the FAA grant the requested 

exemption without delay. 

The following will be considered as the binding limitation on operations of MAl, 

1. Flights will only occur in the day time hours, 

2. Flights will be operated in the line of sight of the operator (PIC) and Observer, (VSO) 

3. Flights will be terminated at any time weather and wind deteriorate to "unsafe 

for flight" by manufacturers recommendations, 

4. The UAS will weigh less than 55 lbs., 

5. Flights will be operated at 200 feet AGL or less. 

6. Crew will be at a minimum of operator (PIC) and an observer and/or 

camera operator(VSO), 

7. Operator and crew will remain in contact during the flight operation, 

8. The UAS operator will perform a check of the flight area and make certain of 

the safety of all persons in the area, 

9. Consent will be obtained from all persons with in the video capabilities of the units 

to further reduce the chance of violating anyone's privacy. 

10. All required FAA clearances, will be obtained and distances from airports 

strictly observed. 

11. All UAS will have the capability to return automatically to the operator in a 

safe manner with the auto return function checked and working. 

12. Flights will only operate in VFR conditions. 

13. UAS have a function on the control to tell operator the distance away from 

the operator and its battery power remaining. 

14. Flight team will communicate by voice and the use of two-·way radio if the area is 

too large to hear voice from all team members. 

15. UAS will be used to video private outings and functions, boating, kayaking 

and sporting events from a safe distance. 

16. When operating over or near water the UAS will be equipped with flotation 

devices so that recovery can be made as to prevent lithium battery exposure to 

the water table. 
14 CFR part 21 Subpart H: Airworthiness Certificate 14 CFR 91.7(a), 91.203(a)(1) 

Subpart H, entitled Airworthiness Certificates, sets forth requirements for procurement of 

necessary certificates in relation to FAR 91.203(a)(1). The size, weight and defined area of 

operations for MAl UAS flights permits exception from Part 21 because they 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 

USC 44 70(t) and Section 333 of the Reform Act. 

Both pieces of legislation permit the FAA to exempt UAS from airworthiness certificates in 

consideration of weight, size, speed, maneuverability and proximity to areas such as 

airports and dense populations. MAl meets or exceeds each of these elements 

As of March 23, 2015 the FAA has stated that it will automatically grant a "blanket" COA for 

flights at or under 200 AGL to any UASs operator with a section 333 exemption. 

14 CFR 91.203( a & b) provides for carrying of civil aircraft certifications and registrations. 

These are inapplicable for the same reasons stated above. The equivalent level of safety will 

be achieved by maintaining such certifications and registrations at MAl operations center. 

14CFR91.7 (a) prohibits the operation of an aircraft without an airworthiness certificate. 

As no such certificate will be applicable in the form contemplated by FAR's this regulation 

is inapplicable. 

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

14 CFR 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 such certifications and registrations at MAl 

operations center. 

The FAA has previously issued exemptions to this regulation in Exemptions No's 

8607,8737,8738,9299,9299A,9565,9565B,10167,10167 A,10602,10700 and 32827. 

14 CFR 91.119 Minimum safe altitudes, prescribes safe altitudes for operation of civil 

aircraft. It allows helicopters to be operated at lower altitudes in certain conditions. MAl 

will only operate its UAS at or below 200AGL. They will be operated on a well-defined AOR 

that has been carefully reviewed for hazards and minimizes the presence of any persons not 

essential for these operations. Flights will only be over private property with the owner's 

permission and with all persons within this video area also giving their consent for this 

filming. Compared to flight operations of conventional and traditional aircraft or rotorcraft 

weighing far more than 50 lbs., operating below 500 AGL with flammable fuel, UAS 

operations present a far smaller risk to the public. 

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14 C.F.R. § 61.113(a): Private Pilot Privileges and Limitations: Pilot in Command. 

Pursuant to 14 CFR 61.113 (a), no person who holds a private pilot certificate may act as a pilot in 

command of an aircraft that is carrying passengers or property for compensation or hire. MAl's small 

UAS do not carry any pilots or passengers nor property therefore it is seeking an exemption to 14 

CFR 61.113(a). Although helpful, a pilot's license will not ensure remote control piloting skills. The 

risks attendant to the operation of small UAS is far less than the risk levels inherent in the commercial 

activities outlined in 14 CFR 61. MAl believes the operation and limitations set forth in the FOM will 

equate to the safe operation of the small UAS. 

Approval of these 333 Exemptions allowing commercial operations of small UAS in the service of 

aerial photography will greatly enhance safety by reducing the overall risk associated with 

traditional aircraft. Traditional aerial photography requires large aircraft with flammable fuel to fly 

in close proximity of populated areas and people in general. With the use of small UAS of 55 lbs. or 

less, battery operated and fling below 200 feet AGL the risk of injury of people on the ground or the 

crew has been greatly reduced and almost eliminated. 

Granting MAl the above exemption will allow for the expansion of UAS into the future for 

the safe conduct of free enterprise and the enjoyment of the masses. 

MAl respectfully requests the FAA grant its exception without delay. The FAA has the 

authority to issue the exemption sought by MAl pursuant to the Federal Aviation Act, 85 

P.L. 726 (1958) as amended. · 

Respectfully, 

LAMBERT LESER 

-lh~~tL( Adam D. Bruski 

Attorneys for Michigan Aerial Imaging, LLC 

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