November 25, 2015

United States Department of Transportation Docket Management System

1200 New Jersey Avenue SE 

Washington, DC 20590

Re: Petition for Exemption Request of Michels Corporation under Section 333 of the FAA 

Reform Act and Part11 of the Federal Aviation Regulations from 14 C.F.R. Part 21; 14 C.F.R. 

45.23(b); 14 C.F.R. 61.113 (a) & (b); 14 C.F.R. 91.7 (a); 14 C.F.R. 91.9 (b) (2); 14 C.F.R. 91.103; 

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) 

& (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).

Dear Sir/Madam:

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

and 14 C.F.R. Part 11, Michels Corporation, an operator of small Unmanned Aircraft Systems 

("UASs") hereby applies for an exemption from the before mentioned Federal Aviation 

Regulations ("FARs") to allow commercial operation of its UASs. Michels Corporation will 

conduct its operations within and under the conditions of this petition or as established by the 

FAA in granting a Section 333 exemption to Michels Corporation.

The name and address of the applicant is:

Michels Corporation

Attn: David Melum

817 West Main Street

Brownsville, WI 53818

Ph.: 920-737-2648

Email: dmelum@michels.us

Specific Sections of 14 CFR from which Michels Corporation seeks an exemption:

14 C.F.R. Part 21 

14 C.F.R. 45.23(b)

14 C.F.R. 61.113 (a) & (b)

14 C.F.R. 91.7 (a)

14 C.F.R. 91.9 (b) (2)

14 C.F.R. 91.103

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) & (b)

14 C.F.R. 91.405 (a)

14 C.F.R. 407 (a) (1)

14 C.F.R. 409 (a) (2)

14 C.F.R. 417 (a) & (b)

From offices throughout the United States, Michels Corporation is an industry-leading utility 

contractor offering Pipeline Construction, Horizontal Directional Drilling, Transmission, 

Substation and Distribution Construction, Cured-in Place Pipe, Direct Pipe, Fiber Optic 

Networks, Rail Plowing, Heavy Civil Work, Deep Foundations, Tunneling, Paving, Dewatering, 

Custom Crushing and Road Building.

Michels Corporation seeks an exemption to be able to provide the following services to our 

public and private clients:

• Construction site observation and monitoring.

• Aerial surveying and photogrammetry.

• Photography and videography.

• Inspection of structures.

The requested exemptions would permit Michels Corporation to operate small, unmanned 

UASs under conditions that are 1) limited, 2) controlled, 3) economical, and 4) would provide 

safety enhancements over conventional aircraft. Approval of this exemption would thereby 

enhance safety to the public and fulfill the FAA'S responsibilities to establish requirements for 

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

Michels Corporation proposes to operate the DJI Phantom 2, 3D Robotics X8+ and the senseFly 

eBee. The relevant user manuals of the UASs are attached. Michels Corporation's UASs weigh 

55 or fewer pounds including payload. The UASs will be operated, under normal conditions, at a 

speed of no more than 100 mph and have the capability to move in the vertical and horizontal 

plane simultaneously. The UASs will be operated only in line of sight and only within a 

controlled area. These operations will insure that the UAS will not create a hazard to users of 

the national airspace system or the public.

Given the small size of the UASs involved and the restricted controlled environment which the 

UASs will operate, Michels Corporation falls within that zone of safety (an equivalent level of 

safety) in which Congress envisioned that the FAA, by exemption, allow commercial operations 

of UASs to operate. Also, due to the size of the UASs and the controlled areas in which the UASs 

will operate, approval of the application presents no national security issue. Under Section 333 

of the Reform Act, the authority contained in the Federal Aviation Act, the equivalent level of 
safety surrounding the proposed operations, and the public benefit, including enhanced safety, 

reduction in environmental impacts, including reduced emissions associated with allowing 

UASs, the grant of the requested exemptions is in the public's interest.

Michels Corporation proposes that the exemption requested apply to civil aircraft that have the 

characteristics and that operate with the limitations listed. These limitations provide for at least 

an equivalent or even higher level of safety to operations under the current regulatory 

structure because the proposed operations represent a safety enhancement to the existing safe 

operations conducted with conventional aircraft. These limitations and conditions to which 

Michels Corporation agrees to be bound when conducting commercial operations under an FAA 

issued exemption include:

1. The UAS will weigh less than 55 pounds (25 kg).

2. The UAS will be operated at a speed of no more than 100 mph.

3. Only visual line-of-sight ("VLOS") operations will be allowed; the UAS must remain 

within VLOS of the operator or a visual observer ("VO").

4. UAS operations will occur during daylight hours only.

5. No person may act as an operator or VO for more than one unmanned aircraft 

operation at one time.

6. Minimum crew for each operation will consist of the UAS Operator and a Visual 

Observer.

7. The UAS Operator will be Pilot in Command (PIC) who shall have completed the 

required FAA training, along with training from the manufacturer or distributor of 

the UAS.

8. The PIC will be vetted by the TSA and have a TSA Known Traveler Number, and have 

a valid driver's license from the State of the PIC's domicile.

9. The UAS will only operate within a confined controlled area of the flight operations 

area.

10. Maximum total flight time for each operational flight will be 30 minutes. Flights will 

be terminated at 20% battery power reserve, should that occur prior to the 30-

minute limit.

11. A briefing will be conducted in regard to the planned UAS operations prior to each 

day's activities. It will be mandatory that all personnel who will be performing duties 

within the boundaries of the safety perimeter be present for this briefing.

12. The operator will obtain the consent of all persons involved and ensure that only 

consenting persons will be allowed within 100 feet of the flight operation, and this 

radius may be reduced to 30 feet based upon an equivalent level of safety 

determination.

13. UAS operations may not occur over any persons not directly involved in the 

operation.
14. PIC and VO will at all times be able to communicate by voice.

15. PIC will conduct preflight inspections to ensure the UAS is safe for operation.

16. The UAS will be required to yield right-of-way to all other aircraft, manned or 

unmanned.

17. Flights will be operated at an altitude of no more than 400 feet AGL.

18. The UAS will only operate in Class G airspace.

19. The UAS will stay certain distances away from airports or heliports:

a. Five (5) nautical miles (NM) from an airport having an operational control 

tower; or

b. Three (3) NM from an airport with a published instrument flight procedure, 

but not an operational tower; or

c. Two (2) NM from an airport without a published instrument flight procedure 

or an operational tower; or

d. Two (2) NM from a heliport with a published instrument flight procedure.

20. UAS operations will be permitted to occur only when conditions allow minimum 

weather visibility of 3 miles from the control station.

21. Written permission from the relevant property owners will be obtained.

22. All required permissions and permits will be obtained from territorial, state, county, 

or city jurisdictions, including local law enforcement, fire, or other appropriate 

governmental agencies.

23. If the UAS loses communication or loses its GPS signal, the UAS will have capability 

to return to a pre-determined location within the Security Perimeter and land.

24. The UAS will have the capability to abort a flight in case of unpredicted 

obstacles or emergencies.

Accordingly, Michels Corporation respectfully requests that the FAA grant the requested 

exemption.

The extent of relief you seek, and the reason you seek the relief:

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. 91.203 (a) (1).

Part 21 Subpart H, entitled Airworthiness Certificates, sets forth the procedural requirements 

for the issuance of airworthiness certificates as required by 14 C.F.R. 91.203 (a) (1). Given the 

limited size, weight, and operating area associated with the UAS to be utilized by Michels 

Corporation, an exemption from Part 21, Subpart H meets the requirements of an equivalent 

level of safety under Part 11 and Section 333 of the Reform Act. The Federal Aviation Act and 

Section 333 of the Reform Act authorize the FAA to exempt aircraft from the requirement for 

an airworthiness certificate, upon consideration of the size, weight, speed, operational 

capability, and proximity to airports and populated areas of the particular UAS.
The UASs operated by Michels Corporation is less than 55 pounds fully loaded, carries no pilot 

or passenger, carries no explosive materials or flammable liquid fuels, and operates exclusively 

within a secured area. Operations under this exemption will be controlled and monitored by 

the operator and in compliance with the conditions of this document and also in compliance 

with any local public safety requirements. The FAA will have advance notice of all operations 

through a COA or more likely be operated under the "blanket" 200- foot COA.

In this case, an analysis of these criteria demonstrates that the UAS operated without an 

airworthiness certificate, in the restricted environment and under the conditions proposed, will 

be at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating 

with an airworthiness certificate without the restrictions and conditions proposed.

14 C.F.R. 45.23 (b). Marking of the Aircraft.

14 C.F.R. 45.23 prescribes that when marks include only the Roman capital letter "N" and the 

registration number is displayed on limited, restricted, or light-sport category aircraft or 

experimental or provisionally certificated aircraft, the operator must also display on that 

aircraft near each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 

inches nor more than 6 inches high, the words "limited," "restricted," "light-sport," 

"experimental," or "provisional," as applicable.

Even though the UAS will have no airworthiness certificate, an exemption may be needed as 

the UAS will have no entrance to the cabin, cockpit, or pilot station on which the word 

"Experimental" can be placed. Given the size of the UAV, 2-inch lettering will not be possible. 

An equivalent level of safety will be the word "Experimental," at a size that is as large as 

practicable, will be placed on the fuselage in compliance with Section 45.29 (f). Additionally, 

Michels Corporation will mark its UASs with its company name and contact information.

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

Sections 61.113 (a) & (b) limit private pilots to non-commercial operations.

Because the UAS will not carry a pilot or passengers, the proposed operations can achieve the 

equivalent level of safety of current operations by requiring the PIC operating the aircraft to 

have successfully completed, at a minimum, FAA sport pilot ground instruction and passed the 

FAA Sport Pilot written examination or other FAA recognized equivalent training. The PIC will 

have also completed a manufacturer's training program for the model the PIC will be operating. 

Additionally, the PIC will have been vetted by the TSA by obtaining a Known Traveler Number 

which comes along with TSA Pre status, and possess a valid driver's license from the state of the 

PIC's domicile.

Unlike a conventional aircraft that carries the pilot and passengers, the UAS is remotely 

controlled with no living thing on board. The area of operation is controlled and restricted, and 
all flights are planned and coordinated in advance. The level of safety provided by these 

requirements will be at least as safe, or safer, than that provided by a single individual holding a 

commercial pilot's certificate operating a conventional aircraft. The risks associated with the 

operation of the UASs are diminished from the level of risk associated with commercial 

operations contemplated by Part 61, when drafted, that allowing operations of the UAS as 

requested with FAA ground instruction and manufacturer's training exceeds the present level of 

safety achieved by 14 C.F.R. 61.113 (a) & (b).

14 C.F.R. 91.7(a): Civil aircraft airworthiness.

The regulation requires that no person may operate a civil aircraft unless it is in airworthy 

condition.

As there will be no airworthiness certificate issued for the UAS, should this exemption be 

granted, no FAA regulatory standard will exist for determining airworthiness of the UASs 

operated by Michels Corporation. Given the size of the aircraft and the requirements contained 

in the manufacturer's manual for maintenance and use of safety check lists prior to each flight, 

an equivalent level of safety will be provided.

14 C.F.R. 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft.

Section 91.9 (b) (2) provides that no person may operate a U.S.-registered civil aircraft.... (2) For 

which an Airplane or Rotorcraft Flight Manual is not required by Section 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.

The Michels Corporation UAS, given its size and configuration, has no ability or place to carry 

such a flight manual on the aircraft, not only because there is no pilot on board, but because 

there is no room or capacity to carry such an item on the aircraft. The equivalent level of safety 

will be maintained by keeping the UAS flight manual at the ground control point where the PIC 

operating the UAS will have immediate access to it.

14 C.F.R. 91.103: Preflight action.

This regulation requires each pilot in command to take certain actions before flight to insure 

the safety of flight.

Because FAA-approved UAS flight manuals will not be provided for the aircraft, an exemption 

will be needed. An exemption is requested from this requirement as the PIC will take separate 

preflight actions, including checking the condition of the UAS, checking flight battery 

requirements, weather conditions, checking takeoff and landing distances, and all other actions 

in the User Guide and safety checklists. These actions will provide an equivalent level of safety.
14 C.F.R. 91.109: Flight instruction.

Section 91.109 provides that 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 their design, do not have fully functional dual controls. Flight control is accomplished 

through the use of a controls that communicate with the aircraft via radio communications. The 

equivalent level of safety provided by the fact that neither a pilot nor passengers will be carried 

in the aircraft and by the size and speed of the aircraft.

14 C.F.R. 91.119: Minimum safe altitudes.

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 (c) limits 

aircraft flying over areas other than congested areas to 500 AGL. Over sparsely populated areas, 

aircraft cannot be operated closer than 500 feet of any person, vessel, or structure.

This exemption is requested for minimum safe altitudes as Michels Corporation proposes to 

operate its UASs below 400 AGL. As set forth herein, the UAS will never operate at higher than 

400 AGL. An equivalent level of safety will be achieved given the size, weight, and speed of the 

UAS, as well as the location where it is operated. Additionally, no flight operations will be made 

without the permission of the property owner or local officials.

14 C.F.R. 91.121 Altimeter Settings.

This regulation requires each person operating an aircraft to maintain cruising altitude by 

reference to an altimeter that is set to the elevation of the departure airport or an appropriate 

altimeter setting available before departure.

Because the UAS will not have a barometric altimeter, but instead a GPS altitude read-out, an 

exemption is requested. An equivalent level of safety will be achieved by confirming the 

altitude of the launch site shown on the GPS altitude indicator before flight.

14 C.F.R. 91.151(a): Fuel Requirements for Flight in VFR Conditions.

Section 91.151 (a) prohibits an individual from beginning "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."

The intent of this requirement is to provide enough fuel or energy reserve in the event of delays 

due to congestion or weather at an airport. The typical battery powering a UAS provides 

approximately 40 minutes of powered flight. To meet the 30-minute reserve requirement in 14 

CFR 91.151, Michels Corporation's UAS flights would be limited to approximately 10 minutes in 
length. Given that the limitations of an UAS proposed flight will be operated with visual line of 

sight and the location of its proposed operations within a predetermined area, a longer time 

frame for flight in daylight VFR conditions is reasonable. Michels Corporation believes that an 

equivalent level of safety can be achieved by limiting flights to 30 minutes or 20% of battery 

power, whichever happens first. This exemption would be more than adequate to return the 

UAS to the landing zone from anywhere in its limited operating area.

14 C.F.R. 91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration.

The regulation provides in pertinent part:

(a) Except as provided in Section 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 Section 

91.715 is displayed at the cabin or cockpit entrance so that it is legible to passengers or 

crew.

The UAS has no cabin or cockpit, there is no ability or place to carry certification and 

registration documents or to display these documents on the UAS. As with 14 C.F.R. 91.9 (b) (2): 

Civil Aircraft Flight Manual in the Aircraft, an equivalent level of safety will be achieved by 

keeping these documents at the ground control point where the PIC operating the UAS will 

have immediate access to the documents, to the extent needed and applicable to the UAS.

14 C.F.R. 91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections.

These regulations require that an aircraft operator or owner "shall have that aircraft inspected 

as prescribed in subpart E of this part and shall between required inspections, except as 

provided in paragraph (c) of this section, have discrepancies repaired as prescribed in Part 43 of 

this chapter...," and others shall inspect or maintain the aircraft in compliance with Part 43.

Because these sections and Part 43 apply only to aircraft with an airworthiness certificate, 

these sections will not apply to Michels Corporation. The operator following the manufacturer's 

product and operating manual will accomplish maintenance. An equivalent level of safety will 

be achieved because Michels Corporation's UASs are very limited in size and will carry a small 

payload and operate only in restricted areas for limited periods of time.

If mechanical issues arise, the UAS can immediately land and will be operating from no higher 

than 400 feet AGL. As provided in the manufacturer's manual, the operator will ensure that the 

UAS is in working order prior to initiating flight, perform required maintenance, and keep a log 

of any maintenance performed.
Summary:

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the Federal 

Register, should it be determined that publication is needed: Applicant seeks an exemption

from the following rules:

14 C.F.R. 21, subpart H; 14 C.F.R 45.23(b); 14 C.F.R. 61.113( a) & (b); 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); 91.405 (a); 14 C.F.R. 91.407 (a) (1); 14 C.F.R. 91.409 (a) 

(2); 14 C.F.R. 91.409 (a) (2); and 14 C.F.R. 91.417 (a) & (b) to operate commercially a small 

unmanned vehicle (55 pounds or less).

Approval of exemptions allowing commercial operations of UASs will enhance safety by 

reducing risk. Conventional operations, using jet or piston-power aircraft, operate at low 

altitudes just feet from the subjects being photographed and in close proximity to people and 

structures and present the risks associated with vehicles that weigh in the neighborhood of 

4,000 pounds and carrying large amounts of aviation fuel. In contrast, a UAS weighing fewer 

than 55 pounds and powered by batteries eliminates almost all of that risk given the reduced 

weight and lack of combustible fuel carried on board. The UAS will carry no passengers or crew 

and, therefore, will not expose anyone to the risks associated with manned aircraft flights.

The operation of UASs, weighting less than 55 pounds, conducted in the strict conditions 

outlined above, will provide an equivalent level of safety supporting the grant of the 

exemptions requested herein, including exempting the applicant from the requirements of Part 

21 and allowing commercial operations. These lightweight aircraft operate at slow speeds, close 

to the ground, and in a controlled environment and, as a result, are far safer than conventional 

operations conducted with turbine helicopters operating in close proximity to the ground and 

people.

Additional Information:

Privacy

All flights will occur over private or public controlled access property with the property owner's 

prior consent and knowledge. Photography will be of people who have also consented to being 

filmed or otherwise have agreed to be in the area where filming will take place. The grant of 

this exemption request will provide improved safety in both day and night operations. 

Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012, size, weight, 

speed, operating capabilities, proximity to airports and populated areas, and operation within 

visual line of sight and national security provide more than adequate justification for granting 
the requested exemptions allowing commercial operations.

Regards,

David Melum

Director of HSE and Technical Services
11

ATTACHMENT A - OPERATIONS MANUALS