January 2 1 , 2016

U.S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE Washington, DC 20590 Re: Exemption Request under Se ction 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations Michigan Department of Transportation Dear Sir or Madam: Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”) and 14 C.F.R. Part 11, the Michigan Department of Transportation (“MDOT”) seeks an exemption from the Federal Aviation Regulations (“FARs”) listed below to allow operation of unmanned aircraft systems (UAS) for surveying, structure inspection and accident reconstruction. The Michigan Department of Transportation anticipates that the majority of the work can be accomplished within the “blanket” sub 200 foot COA recently granted to Section 333 civil exemption holders and public UAS test sites. MDOT will apply for a new or amended COA for all flights not allowed under the blanket COA.
MDOT intends to utilize the proposed unmanned aircraft systems in the following applications: Aerial Mapping and Surveying UAS can provide photography along with horizontal and vertical data to be used on small design projects in non

- populated areas over State property as well as private property with advanc ed notification and approval. Construction monitoring An unmanned aircraft can provide detailed and cost effective data collection for roadway construction. Intermediate surveys flown during construction will allow inspectors to find and correct problems early. Accurate as

- built surveys will help ensure Michigan’s roads are built to specifications. Emergency road repairs The repair of roadways damaged by slides, sinkholes or other events can be expedited by using a rapidly deployable UAV to obtain detail ed survey data. Risks to both drivers and MDOT workers are reduced when surveys can be completed more quickly allowing for shorter road closures. Risks to surveyors working near moving traffic are eliminated when a road can be closed for a short period o f time while a UAS effectively gathers thousands of survey points. Structure inspection Risks to climbers are eliminated when visual inspection data can be obtained using a UAS. A UAS potentially reduces the amount of bridge climbing required.Accident r econstruction

Critical highways could be re

- opened to traffic sooner resulting in fewer secondary accidents and lower user congestion costs if an aerial survey were used to supplement accident reconstruction information gathered by ground personnel. Utiliz ing a UAS provides a higher level of safety for the pilot and people and property on the ground. Unmanned aircraft weighing a few pounds can accomplish many of the same tasks as a full size aircraft that weighs thousands of pounds and carries combustible fuel. A UAS reduces emissions and congestion in the National Air Space (NAS). Utilizing a UAS benefits the public by providing an efficient, safe and cost effective tool for acquiring high resolution aerial imagery. Due to the small size, light weight, slow flying speed and unmanned aspect of the proposed UAS the Michigan Department of Transportation requests relief from the following sections in 14 C.F.R : 14 C.F.R. Part 21, subpart H
14 C.F.R. Part 27 14 C.F.R 45.23 (b) 14 C.F.R. §§ 61.113 (a) & (b) 14 C.F.R. §§ 61.133 (a) 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) (1) 14 C.F.R. 91.409 (a) (2) 14 C.F.R. 91.417 (a) & (b) **14 CFR Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203(a)(1)** The characteristics of the proposed UAS operating in a controlled environment provide a greater degree of safety to the public, operators and property owners than conventional operations conducted with airworthiness certificates issued under this section. MDOT will utilize checklists for preflight inspections as well as written procedures for routine maintenance to ensure that the UAS is in an airworthy condition prior to each flight. The FAA will have advance notice of all operations conducted under this exemption.**14 C.F.R. Part 27: Airworthiness Standards: Normal Category Rotorcraft**

Relief this section is requested for the same reasons as in the exe mption request from 14 CFR Part 21, Subpart H **14 C.F.R. 45.23(b): Marking of the Aircraft** A small UAS cannot meet the marking requirements for a full size aircraft. MDOT will provide markings on the aircraft with the contact information and registered identification “N

- number”. Markings will be as large as practical and visible to the pilot, observer and others working with the UAS. **14 CFR 61.113 (a) & (b); 61.133(a): Private pilot privileges and limitations: Pilot in command; Commercial pilot privileg** **es and limitations** Relief from these sections is requested to allow an operator with a professional engineer’s license to conduct commercial operations. The skill set required to operate a UAS is significantly different from that of a manned aircraft. MD OT proposes that a higher level of safety and airmanship skills can be obtained with the requirement that the PIC successfully complete UAS flight training as detailed in the operator’s manual in addition to a current professional engineer’s license and va lid US driver’s license. **14 C.F.R. 91.7 (a): Civil aircraft airworthiness** An equivalent level of safety will be provided using the proposed procedures, manuals and checklists. Without an airworthiness certificate for the aircraft, relief from this sectio n is also requested. **14 CFR 91.9 (b)(2): Civil aircraft flight manual, marking, and placard requirements** MDOT proposes that the operator’s manual for the UAS be kept at the control point where the pilot flying the UAS will have immediate access to it.
**14 C.F.R. 91.103: Preflight Action**  MDOT proposes that the preflight procedures documented in the operator’s manual substitute for the preflight actions in this section. **14 C.F.R. 91.109: Flight Instruction** A higher level of safety than conventional full scale flight instruction can be achieved with the proposed UAS operating in a closed flight training area. No pilot or passengers will be carried in the aircraft. Dual flight controls would not provide additional safety for the operators.
**14 C.F. R. 91.119: M inimum Safe Altitudes**  Due to the nature of the proposed work, MDOT’s UAS operations require the aircraft to be positioned less than 500 feet away from the operators on the ground and from structures and operated at less than 500 feet AGL. Because of the l ight weight and slow speed of the UAS, an equivalent level of safety can be achieved when operations are performed in accordance with the proposed operating procedures.**14 C.F.R. 91.121: Altimeter Settings**

The proposed UAS employs altitude control with b arometric and GPS sensors. Altitude is automatically referenced to ground level when the flight controller is powered up. Connecting the battery with the UAS on the ground can provide an equivalent method of altitude calibration as conventional aircraft altimeters. The proposed UAS will operate under the “blanket” 200

-foot COA and when necessary will obtain a separate COA specific to the airspace required for that operation. The combination of operating procedures, visual cues, automatic altimeter calibr ation, telemetry, altitude geofencing and hear

- see avoid capability will ensure separation between the UAS and manned aircraft. **14 CFR 91.151 (a): Fuel requirements for flight in VFR conditions** The proposed UAS have flight times of approximately 8

- 25 minut es and therefore cannot meet the 30 minute reserve requirement of this section. An equivalent level of safety can be achieved by operating the UAS in accordance with the operator’s manual. Voltage monitoring via telemetry as well as transmitter alarms wi ll help ensure that adequate power will always be available for a controlled landing. Automatic battery failsafe settings provides and additional level of safety to help ensure that the UAS has adequate power to safely operate.
**14 CFR 91.203 (a) & (b)**  **C ivil aircraft: Certifications required**  Documents will be kept at the ground flight control point where the PIC and others can have immediate access to them. **14 CFR 91.405 (a); 407 (a)(1); 409 (a)(2); 417 (a) & (b): Maintenance inspections** An equivalent level of safety will be achieved by performing the maintenance inspections in the operator’s manual. Because the UAS will not have an airworthiness certificate, relief from this section is requested.Summary of operating procedures :

It is the view of the Michigan Department of Transportation that operating an unmanned aircraft system (UAS) in accordance with the restrictions and procedures below and in accordance with the instructions and recommendations in the operator’s manual will provide a public benefit and not pose a risk to the NAS or people and property on the ground. The proposed UAS are small, lightweight, slow flying, aircraft conforming to the specifications in the attached operator’s manual. The aircraft weight is less than 5 lbs. All flights will be flown from and over state owned or private property. Written authorization from private property owners will be obtained before any flight is conducted over that owner’s property. Flight areas include construction zones not open to the public, br idge structures closed to traffic and roads closed to public traffic due to accidents. Construction areas may be occupied by MDOT inspectors and contract construction workers. Accident scenes may be occupied by first responders and MDOT personnel. All pe rsonnel on the ground will be briefed prior to any UAS flight. Ground personnel will be advised as to the hazards of working near the UAS and be advised to remain “heads up” when the UAS is flying nearby. The UAS will be operated by a Pilot in Command (PI C) within visual line

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- sight (VLOS) and visual flight rules (VFR) conditions. The PIC will possess a professional engineer’s license. The PIC will be responsible for the safe operation of the flight including autonomous modes. The PIC will use human vi sion unaided by any device other than corrective lenses, as specified on the PIC’s U.S. driver’s license. A visual Observer (VO) will be located next to the PIC to serve as a safety spotter for other aircraft and to assist with telemetry data. The VO will communicate solely by voice with the PIC. Only one VO will be used for the duration of the flight. Electronic messaging or texting will not be used during the flight. The UAS will take off and land from an area directly next to the PIC and VO. The PIC and VO will not operate the UAS from a moving vehicle. The UAS will be operated within a 2500 foot radius of the PIC and VO. The proposed UAS will operate under the “blanket” 200

-foot COA at flight speeds less than 100 mph and when necessary will obtain a separate COA specific to the airspace required for that operation. All flights will be conducted in class G airspace. If operation in other airspace is required MDOT will obtain all required authorizations from the FAA and controlling agencies. All fligh ts will be conducted during daylight hours. The UA 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. The PIC will immediately yield the right of way to all manned aircraft. The vertical descent capability of the UAS combined with the ability of the PIC and Observer to both hear and see full size aircraft approaching from all directions facilitates “hear, see and avoid” operations that are far more effective than can be achieved in a full size aircraft cockpit.Flights will be performed using the procedures and recommendations in the attached operator’s

manual. The UAS mission will be terminated to allow for at least 5 minutes of battery power for retu rn to the launch area and landing procedures. MDOT will only use the UAS for official business purposes. MDOT will not use the UAS for surveillance or closed

- set motion picture or television filming. Staff resources : An experienced Pilot in Command adds a level of situational awareness and object avoidance capability that cannot be replaced with an automated system. MDOT has registered professional engineers with years of experience building and flying fixed wing, rotary wing, seaplane, ducted fan and mult irotor RC aircraft. Individuals have 15 years of experience building and flying aircraft using some of the first RC auto piloting systems and 5 years of experience using 3D Robotics equipment. A training program will be developed to ensure that all UAS op erators are qualified and competent to operate the system. In summary MDOT has procedures, staff and resources to safely assemble, operate and maintain the proposed unmanned aircraft systems. MDOT looks forward to working with the FAA and is willing to sh are the policies, procedures and training materials developed for both in

- house and contracted UAS operations. MDOT is committed to a safe and cautious approach to integrating this useful technology into highway planning, design, maintenance, and operation s. If additional information is needed or if you have any questions regarding this petition for exemption please contact the applicant at: The name and address of the applicant are: Michigan Department of Transportation Attn: Paul Schiefer, P.E

. Ph: 517

- 2 42

- 5784 Email: SchieferP1@michigan.gov Address: 6333 Lansing Road Lansing, MI 48917