January 21, 2016

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

Re: Exemption Request under Section 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 advanced 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 detailed 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 of 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 reconstruction

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.

Utilizing 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 exemption 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 privileges 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. MDOT 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 valid 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 section 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: Minimum 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 light 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 barometric 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 calibration, telemetry, altitude geofencing and hear-seeavoid 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 minutes 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 will 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) Civil 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, bridge 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 personnel 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 (PIC) within visual line-of-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 vision 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 flights 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 return 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 multirotor 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 operators 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 

share 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 operations.

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: 517-242-5784

Email: SchieferP1@michigan.gov

Address: 6333 Lansing Road

Lansing, MI 48917