September 26, 2015

U.S. Department ofTransportation, Docket Operations West Building Ground Floor, Room W12-140 1200 New JerseyAvenue, SE Washington, DC 20590
Dear Sir orMadam: Adam D. Bruski Lambert Leser, Attorneys at Law P0Box835 Bay City, MI 48707 abruski@lambertleser.com

Pursuantto Section 333 ofthe FAA Modernization and Reform Act of 2012 (the "Reform Act") and CFR Part 11, Michigan Aerial Imaging, LLC ("MAl") whose address is 801 E. MeadowbrookDrive, Midland, MI 48642, ownerand operatorofSmall UnmannedAircraft Systems ("UAS") for aerial photographyand 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 thatMAl may operateUAS 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 bySection 333.
An exception is being requested because MAl can provide a level ofsafety this is equal to those provided by existing rules, and the request is in the public interest. The FAA's authorityto issue exemptions from operatingrules, and the Secretary's authoritygranted 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 opportunitywill 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 oflight weight (less than 55 lbs. total takeoffweight) UAS under controlled conditions in airspace thatis limited, predetermined, subject to controlled access, and would provide safety enhancementsto the alreadysafe operationofthose aircraftofsimilar size, weight, speed and operating capability that have been granted entry into the NAS via the rules in Academy ofModel 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 capabilitytohoverand move inthevertical andhorizontal plane simultaneously.They also have an auto return to launch pointwhen batterypower isunder 25%. The UAS will operatewithin the line ofsightwith 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 ofthe nation airspace, public northe environment.
MAl respectfully requests the grant ofan 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, subpartH,
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 ournational airspace system as itis in the public's interestto do so. MAl UAS meet the definition of "small unmanned aircraft" as defined in Section 331 and therefor the integration ofthese 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 ofTransportation is required to determine which UAS do create a hazard to users ofthe national airspace system or the public or pose a threatto national securityin light ofthe following:

• The UAS size, speed, weight and operational capability

• Operation ofthe UAS in close proximityto airports and populated areas

• Operation ofthe UAS within visual line ofsight ofthe operator Reform Act 333(a). Ifthe 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 rotorcraftweighingless than 55 lbs. and theyoperate 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 ofsight ofthe operator within
a protected flight area and at 200 feet AGL orless. These will not present a hazard to the national airspace northe public.The very small nature ofthese UASs combined with the safe guards presentedbelow, 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 ofthe Reform Act, the authority containedin the FederalAviationAct, as amended, the strongequivalentlevel ofenhanced safety, reduced emissions utilizing UAS verses traditional aircraft as well as the economic impact ofgreatly reducing the cost ofaerial photography thereby benefiting the greater public's interest. Accordingly, the applicant requests that the FAA grant the requested exemptionwithout delay.
The following will be considered as the bindinglimitation on operations ofMAl,
1. Flights will only occur in the daytime hours, 2. Flights will be operatedintheline ofsightofthe operator (PIC) and Observer, (VSO) 3. Flights will be terminated at anytime 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 crewwill remain in contact during the flight operation, 8. The UAS operator will perform a check ofthe flight area and make certain of the safety ofall persons in the area, 9. Consentwill beobtainedfrom all personswithinthevideo capabilities oftheunits to further reduce the chance ofviolating anyone's privacy. 10. All required FAA clearances, will be obtained and distances from airports strictlyobserved. 11. All UAS will have the capability to return automatically to the operator in a safe mannerwith 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 operatorand its batterypowerremaining. 14. Flight team will communicate byvoice and the use oftwo-·way radio ifthe area is too large to hearvoice 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 watertable.14 CFR part 21 Subpart H: Airworthiness Certificate 14CFR 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 ofsafety pursuantto Section 333 ofthe Reform Act. The FAA is authorized to exempt aircraft from the airworthiness certificate requirement under both the Act (49 USC 4470(t) and Section 333 ofthe Reform Act.
Both pieces oflegislation 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 ofthese elements
As ofMarch 23, 2015 the FAA has stated that it will automatically granta "blanket" COA for

flights at orunder 200 AGL to any UASs operatorwith a section 333 exemption.
14 CFR 91.203(a & b) provides for carryingofcivil aircraftcertifications andregistrations. These are inapplicable for the same reasons stated above. The equivalentlevel ofsafetywill be achieved by maintaining such certifications and registrations atMAl operations center.

14CFR91.7 (a) prohibits the operation ofan aircraftwithout an airworthiness certificate. As no such certificate will be applicable in the form contemplated byFAR'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 ofthe UASs this regulation is inapplicable. An equivalent level ofsafetywill 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,10167,10167A,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 atorbelow 200AGL. They will be operated on a well-defined AOR thathas been carefullyreviewed for hazards and minimizes the presence ofany 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 ofconventional and traditional aircraft orrotorcraft weighing far more than 50 lbs., operating below 500 AGL with flammable fuel, UAS operations presenta far smaller risk to the public.

414 C.F.R. § 61.113(a): Private Pilot Privileges and Limitations: Pilot in Command. Pursuantto 14 CFR 61.113 (a), no person who holds a private pilot certificate may act as a pilot in command ofan aircraftthatis carryingpassengers orpropertyfor compensation orhire. 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 attendanttothe operation ofsmall UAS is far lessthantherisklevels inherentinthecommercial activities outlined in 14 CFR 61. MAl believes the operation and limitations setforth in the FOM will equate to the safe operation ofthe small UAS. Approval ofthese 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 photographyrequires large aircraft with flammable fuel to fly in close proximity ofpopulated areas and people in general. With the use ofsmall UAS of 55 lbs. or less, battery operated and fling below 200 feet AGL the risk ofinjury ofpeople on the ground orthe
crewhas been greatlyreduced and almost eliminated. Granting MAl the above exemption will allow for the expansion ofUAS into the future for the safe conduct offree enterprise and the enjoymentofthe 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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