Monitor Environmental, Ltd.

October 15, 2015

U.S. Department ofTransportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

Exemption Request Under FAA Section 333

Dear Mr/Ms :

Thank you for providing an opportunity to file for exemption pursuant to Section 333 of the

FAA Modernization and Reform Act of 2012 (the “Reform Act”) and 14 C.F.R. Part 11.

Monitor Environmental Ltd. seeks an exemption to fly from the Federal Aviation Regulations

(“FARs”) listed below:

14 C.F.R. 21

14 C.F.R. 45.23

14 C.F.R. 45.29

14 C.F.R. 61.3

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

14 C.F.R. 61.133(a)

14 C.F.R. 91.7(b)

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

14 C.F.R. 91.109(a)

14 C.F.R. 91.119

14 C.F.R. 91.151(a)

14 C.F.R. 91.203(a) & (b)

14 CFR Subpart E (91.401 - 91.417)
I am requesting a Section 333 exemption to authorize operations using the Trimble ZX5

Multirotor for surveying/environmental monitoring applications by Monitor Environmental,

Ltd. in the State of California. These operations will be defined by the Safety Code of the

Academy of Model Aeronautics (see Annex B), and all FAA applicable guidelines/regulations

in order to ensure a level of safety to currently authorized operations using manned aircraft.

Monitor Environmental Ltd. is based in Santa Cruz, California and serves the San

Francisco Bay Area and selected portions of California. Our highly trained staff provides highresolution, accurate spatial data and environmental consulting services. Monitor Environmental,

Ltd. is committed to providing innovative solutions and dependable service to help the needs of

local citizens and agencies.

Monitor Environmental Ltd has found (UAV) technology, and its associated data, offers a

low environmental impact solution that will enhance our current operations. As project

requirements continue to evolve, GPS data collection, available imagery and surface models can

lack resolution and accuracy necessary for elite project planning, assessments and hazard

identification. UAV-collected data allows an environmental team to depict the project area with

greater accuracy, resolution and efficiency to aid project design and analysis. The unmanned

aspect reduces the risk of placing staff in hazardous environments while reducing the risk of

impact to delicate environments and landscapes.

We have chosen the technical specifications of the Trimble ZX5 Multirotor most

relevant to the Academy of Model Aeronautics (AMA) rules to meet the required level of safe

operations. The AMA has a proven track record in supervising operations conducted by

operators using remote controlled aircraft and provides the most relevant expertise in terms of

providing safety guidelines for operators using ultralight remote controlled aircraft.

The Trimble ZX5 Multirotor will be operated by qualified staff who fulfills the following

requirements:

• Is a Certified Survey Technician

• Has a valid California driver’s license.

• Is trained and certified with the use of high accuracy GPS work

• Operate in line-of-sight of a pilot and/or observer

• Flights will be terminated when battery levels reach 25%, allowing sufficient reserve

flight time to safely land

• Maximum flight time for each operation will be 30 minutes

• The UAS will be programmed so it will not operate at an altitude that exceeds 200’
1. CHARACTERISTICS OF THE AIRCRAFT

The Trimble ZX5 Multirotor is a small (88x45x22cm) and lightweight (maximum take-off

weight of 5000g) platform made of high-quality specialized polymers. The Trimble ZX5

Multirotor performs pre-programmed aerial mapping missions with an on-board GPS, and

related flight-management software. Trimble ZX5 Multirotor allows the operator to safely and

efficiently plan a flight in 3D and then monitor the mission in real-time. The Trimble ZX5

Multirotor takes a collection of high-definition still images used to generate dynamic maps and

contour lines of the targeted terrain.

Characteristics of the Trimble ZX5 Multirotor:

a. Small and lightweight

The Trimble ZX5 Multirotor is lightweight to insure safe take off and landing. The Trimble ZX5

Multirotor can land on almost any surface without requiring a parachute or landing net. Its low

impact energy also significantly reduces the risk of hazardous situations.

b. Electric powered

The Trimble ZX5 Multirotor is electric powered. Brushless engine technology makes it silent

and reliable.

c. Pre-programmed flight

The autopilot system continuously analyzes data from the Inertial Measurement Unit and from

the onboard GPS and takes care of all the aspects of the flight under the supervision of the

operator.

d. Option for manual control

The Trimble ZX5 Multirotor provides an override capability that allows the operator to take

manual actions during the flight (Go to Home, Go Land, Hold and Resume the mission) and

also suspend automated operations and take manual control of the aircraft should it become

necessary to respond to emergent circumstances, thanks to the remote controller provided with

the system.

2. APPLICATIONS

Monitor Environmental, Ltd. intends to plan and implement an aerial data collection program

using precision GIS techniques to perform high level environmental monitoring for

impacted/endangered habitat.

Monitor Environmental, Ltd. will collect time-specific imagery and elevation information.

Once the entire terrain of interest is flown, images collected during the flight will be merged

together in a software program to make a complete photographic and terrain project map. Using

specific mathematical equations within the 3D mapping software, project field conditions,

terrain characteristics and potential hazard areas can be easily identified.
The Trimble ZX5 Multirotor will be used to evaluate information, including but not limited to:

• Topographic characteristics

• Volumetric estimates

• Slope and terrain impediments

• Natural and cultural resource identification

• As-built feature identification and analysis

• Hazard evaluation

• Environmental monitoring evaluations

Typically geophysicists and engineers will generate a project design but will be limited by

the lack of high-resolution information available. Project conditions and terrain information

are exponentially important to project success and design.

Monitor Environmental, Ltd. looks to remove guesswork from project planning and

environmental design. By using real-time, aerial imagery to study time-specific field conditions

and three-dimensional terrain data, Monitor Environmental, Ltd. can better provide the public

and relevant agencies with a clear picture of potential complications and hazards.

The goal of Monitor Environmental, Ltd. is to use data produced by the Trimble ZX5

Multirotor to provide the public and applicable government agencies with real-time, accurate,

aerial imagery and terrain models to evaluate project areas, gather volumetric measurements and

to assess cultural and biological resources for mitigation and to provide health and safety

information to lower risk exposure to field operation personnel.

UAV technology offers economic, safety and low impact benefits for the

surveying/monitoring industry. The Trimble ZX5 Multirotor would allow Monitor

Environmental, Ltd. to provide significant cost and time savings for the public and respective

agencies. The terrain data would allow engineers, biologists and other environmental

managers to tailor project designs to field conditions and mitigate potential areas of risk to

productivity or personnel. UAV technology provides for time and cost savings by minimizing

the amount of design modifications required to monitor a project. The technology also reduces

Monitor Environmental Ltd.’s fuel and maintenance expenses by reducing the amount of time

staff would need to spend collecting field information with traditional methods.

Many companies have received approval from the FAA to perform similar operations.

Trimble Navigation Limited, VDOS Global, Clayco Inc. and Woolpert Inc. are currently

approved in the United States to perform similar operations with UAV equipment. Monitor

Environmental, Ltd. is hoping to stay competitive in the surveying/monitoring industry.

Implementing UAV technology will improve Monitor Environmental, Ltd. services and increase

efficiency and safety within our industry.
3. APPLICABLE LEGAL STANDARD UNDER SECTION 333

a. Airworthiness assessment of the Trimble ZX5 Multirotor

Monitor Environmental, Ltd. notes that the airworthiness of similar UAV/UAS have already

been demonstrated for different projects in the United States, involving state/federal agencies or

universities. For examples, see New Mexico State University:

https://newscenter.nmsu.edu/Articles/view/10208/nmsu-uas-flighttestcenter-conducts-ebee-airworthiness-assessment, and the USACE New Orleans, which

coordinated with the Department of Army and the FAA to obtain all authorizations required in

order to operate UAS.

Monitor Environmental, Ltd. notes that similar flight approvals for the UAV/UAS (delivered

by national civil aviation authorities) in many countries:

• Switzerland (flight approval for VLOS operations)

• Canada (flight approval for VLOS operations)

• Australia (flight approval for VLOS operations)

• France (flight approval for Extended-VLOS operations)

• Germany (flight approval for VLOS operations)

• United Kingdom (flight approval for VLOS operations)

• Norway (flight approval for VLOS operations)

• Sweden (flight approval for VLOS operations)

• Denmark (flight approval for VLOS operations)

b. Operating requirements

Grant of the exemption to Monitor Environmental, Ltd. for the Trimble ZX5 Multirotor will

be subject to the following operating conditions, based on the operating conditions set forth by

the Academy of Model Aeronautics (see Annex B). The main restrictions are summarized below:

• Operations to be conducted over private, controlled-access, or public property

where approved with permission from the land owner/authority required before

commencing any flight;

• Operations over congested areas shall be avoided;

• Operations must not interfere with manned aircraft operations, must yield the right of

way to manned aircraft, and operators must See & Avoid other aircraft and obstacles

at all times;

• Operations limited to Visual Flight Rules Meteorological Conditions (VMC) and

daylight hours;

• Aircraft operations must remain within Visual Line of Sight (VLOS) and will be visually

monitored at all times;

• Visual Line of Sight operations guaranteed with a GPS geo-fence around operator of 0.5

miles;

• Flight ceiling pre-programed at or below 400 feet;

• All operations conducted within five miles from an airport shall only be initiated after

verbal coordination with the airport authority, or air traffic control when a control tower

is present at the airport;

• All operations shall comply with required permissions and permits established by

territorial, state, county or city jurisdictions; including local law enforcement, fire, or

other appropriate governmental agencies.

• The Trimble ZX5 Multirotor operations will be compliant with existing safety procedures

inherent to the activities of the related company.
A large percentage of project locations serviced by Monitor Environmental, Ltd. are

isolated, rural, nonresidential areas. Before an area is flown, Monitor Environmental, Ltd. will

request written permission from each property owner. With the geo-fence incorporated within

the flight management software, Monitor Environmental, Ltd. will avoid flying over houses and

yards as much as reasonably possible. The flight ceiling will be pre-programmed no higher than

200 feet to ensure the aircraft will not fly over the height specified by the FAA. By staying

below this level, the Trimble ZX5 Multirotor should not interfere with manned aircraft

operations.

Monitor Environmental, Ltd. takes pride in providing a safe working environment for its

members and currently has excellent safety procedures in place.

c. Operator Requirements

The Trimble ZX5 Multirotor operator will be qualified to in the necessary disciplines of GPS

UAV control and flight.

The Trimble ZX5 Multirotor is a light platform constructed of durable polymers. It is

operated by a high level of pre-programmed GPS controls, programmed geo-fencing and

automatic wind detection that prevent the Trimble ZX5 Multirotor from migrating outside of the

defined operating limits. All flights are pre-programmed with rigorous GPS processed control

guidance. Operator override is easily preformed by selecting one of the multiple “action”

buttons using the remote controller provided with each Trimble ZX5 Multirotor system. In the

case of unplanned events, either the autopilot reacts immediately or the operator can choose

between different pre-programmed or manual actions. Those procedures include a Flight

Termination System (emergency landing procedure, triggered by the autopilot or the operator in

charge). The kinetic energy of the aircraft is less than the kinetic energy of a football, about 110

J when thrown by hand.

Given these safety features recognized by the U.S. Army Corps of Engineers and the national

aviation authority of several countries, Monitor Environmental, Ltd. requests an exemption from

the airworthiness certification requirements in Part 21 and the concomitant requirements in 14

C.F.R. 91.7(a) and 1.203 to operate an airworthy aircraft. Instead, operators of the Trimble ZX5

Multirotor will:

• Have completed an AMA-affiliated small UAS education and training program and

achieved an AMA UAS endorsement, or have successfully completed a small UAS

education and training program provided by any FAA qualified entity, and;

• Have proper qualifications for GPS training and processing to insure safe flight

operations.

Monitor Environmental, Ltd. also seeks an exemption from certain requirements in Parts 45

and 91 that are impractical as well as unnecessary for UAS operations.
3. CONCLUSION

Monitor Environmental, Ltd. seeks for the grant exemption allowing safe precision

surveying/environmental monitoring operations of the Trimble ZX5 Multirotor in the National

Airspace System. The demand for improved accurate data, environmental monitoring of sensitive

habitats, threatened ecosystems and hazard identification will continue to increase. Monitor

Environmental, Ltd. seeks to provide a safe, reliable and accurate service to both the public and

applicable government agencies. 

Thank you for your consideration in this matter. I appreciate that the FAA has made all

efforts to simplify this process and provide opportunity to responsible applicants.

Thank you,

Jason Whitley

Certified Survey Technician NSPS #0515-5073

Monitor Environmental, Ltd.

831-332-8658

Monitorenvironmental.sc@gmail.com
ANNEX A: EXEMPTION REQUEST AND EQUIVALENT LEVEL OF SAFETY

SHOWINGS UNDER APPLICABLE RULES SUBJECT TO EXEMPTION

Monitor Environmental, Ltd. requests an exemption from the following regulations as well

as any additional regulations that may technically apply to the operation of the Trimble ZX5

Multirotor:

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates

14 CFR § 91.203(a)(1)

Section 91.203 requires all civil aircraft to have a certificate of airworthiness. Part 21,

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the

issuance of airworthiness certificates as required by FAR § 91.203(a). Given the size of the

Trimble ZX5 Multirotor, its very lightweight (the maximum take-off weight is 1.7 pounds) and

the limited operating area associated with its utilization, it is unnecessary to go through the

certificate of airworthiness process under Part 21 Subpart H in order to achieve or exceed current

safety levels.

Such an exemption 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

both 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 UAS involved. An analysis of these different criteria demonstrates

that the Trimble ZX5 Multirotor operated without an airworthiness certificate, under the

conditions proposed in that exemption, will be at least as safe, or safer, than a conventional

aircraft with an airworthiness certificate. A proprietary risk assessment for operations with the

Trimble ZX5 Multirotor, which demonstrates that assertion, is also being submitted to the FAA

as part of this application. MSI requests the FAA treat the Trimble ZX5 Multirotor risk

assessment as proprietary under 14 C.F.R. 11.35(b) and not include this document in the public

docket.

14 C.F.R. § 45.23 & 14 C.F.R. § 45.29: Display of marks; size of marks

These regulations provide that each aircraft must display "N" and the aircraft's registration

number in letters at least 3 inches high. Additionally, the aircraft must display the word

"EXPERIMENTAL" in letters at least 2 inches high near the entrance to the cabin, cockpit, or

pilot station.

Given the size of the Trimble ZX5 Multirotor (wingspan of 37.8 inches), this requirement is

impossible to match.

14 C.F.R. § 61.3: Requirements for certificates, ratings and authorizations

14 C.F.R. § 61.113(a) & (b); 61.133(a): Private Pilot Privileges and Limitations; Pilot in

Command; Commercial Pilot Privileges and Limitations

The regulation provides that no person may serve as a required pilot flight crewmember of

a civil aircraft of the United States, unless that person:

(1) Has a pilot certificate or special purpose pilot authorization issued under this part in that

person's physical possession or readily accessible in the aircraft when exercising the privileges of

that pilot certificate or authorization. However, when the aircraft is operated within a foreign

country, a pilot license issued by that country may be used.
The regulation provides also that no person that holds a private pilot certificate may act as pilot

in command of an aircraft for compensation or hire. Subparagraph (b) allows a private pilot to act

as pilot in command of an aircraft in connection with any business or employment if:

(1)The flight is only incidental to that business or employment;

(2)The aircraft does not carry passengers or property for compensation or hire.

Given the safety features of the Trimble ZX5 Multirotor and the fact that the missions are preprogrammed and monitored in real-time with a specific flight management software proposes

that operators of the Trimble ZX5 Multirotor should not be required to hold a commercial pilot

certification. Instead, operators should be required to:

Have a private pilot license, State Drivers License, equivalent Certifications and or have

passed a training program for the Trimble ZX5 Multirotor or similar training program.

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

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

condition. Should the exemption be granted allowing commercial operation of the Trimble ZX5

Multirotor without an airworthiness certificate, no standard will exist for airworthiness of the

Trimble ZX5 Multirotor. Given the size of the aircraft and the previous airworthiness

assessments given to the Trimble ZX5 Multirotor, among others:

• USACE New Orleans, who coordinated with the Department of Army and the FAA to

obtain all authorizations required in order to operate the s i m i l a r UAS for levee

system monitoring, documentation of construction progress, and extensive oblique

photography of USACE structures & activities

An equivalent level of safety will be achieved by insuring compliance with Trimble's manuals

prior to each flight.

14 C.F.R. § 91.9: Civil aircraft flight manual, marking, and placard requirements.

This regulation provides that no person may operate an aircraft unless a current, approved

flight manual is in the aircraft. Monitor Environmental, Ltd. assumes that the intent of this

requirement is to ensure that flight manual information is available to the aircrew while operating

the aircraft. Monitor Environmental, Ltd. requests an exemption to this requirement since the

aircraft is not only too small to carry documentation, the documentation would not be available

to the crew.

The equivalent level of safety will be achieved by keeping a hard copy of the flight

manual in the Trimble ZX5 Multirotor transportation box.
14 C.F.R. § 91.109(a) & 91.319(a)(1): Flight Instruction

The regulation provides that "No person may operate a civil aircraft that is being used for

flight instruction unless that aircraft has fully functioning dual controls."

Flight instruction will be accomplished through training programs, using first the

simulation mode of the flight management software. The equivalent level of safety during the

training will be achieved by the manufacturer or authorized distributor providing the training and

through the use of experienced and qualified operators familiar with the Trimble ZX5 Multirotor.

14 CFR § 91.119: Minimum Safe Altitudes

The regulation provides that over sparsely populated areas the aircraft cannot be operated

closer than 500 feet to any person, vessel, vehicle, or structure. Since the aircraft will be

operating at a maximum of 400 feet AGL, the Trimble ZX5 Multirotor cannot comply with this

requirement.

The equivalent level of safety will be achieved because the Trimble ZX5 Multirotor will

only fly over private property with the permission of the landowner. The operator will define

before every flight a working area radius and a flight area ceiling, preventing the Trimble ZX5

Multirotor to go beyond the flight area.

The landowner and the persons who may be on the ground in the flight area will be briefed

of the expected route of flight and the associated risks to persons and property on the ground.

Due to the small size of the Trimble ZX5 Multirotor and the material with which the Trimble

ZX5 Multirotor is built, the hazard to persons, vessels, vehicles, and structures is not comparable

to manned aircraft and should be considered in granting the exemption.

The aircraft will not be operated over congested areas or over any open-air assembly of

persons. The aircraft will be operated at an altitude allowing, if a power unit fails, an emergency

landing without undue hazard to persons or property on the surface.

14 CFR 91.121 – Altimeter settings

This section requires that each person operating an aircraft shall maintain the cruising

altitude or flight level of that aircraft, as the case may be, by reference to an altimeter that is set,

when operating below 18,000 feet MSL to:

• The current reported altimeter setting of a station along the route and within 100 nautical

miles of the aircraft;

• If there is no station within the area prescribed in paragraph (a)(1)(i) of this section, the

current reported altimeter setting of an appropriate available station;

• In the case of an aircraft not equipped with a radio, the elevation of the departure airport or

an appropriate altimeter setting available before departure.

To provide an equivalent level of safety, the Trimble ZX5 Multirotor autopilot calculates the

reference altitude (ground level) with the on-board GPS during the pre-flight tests. The GPS and

barometer data are merged with respect to their respective precisions. The GPS provides reliable

information to correct potential barometric bias, while rapid variations in altitude are detected

through the barometer. Hence, barometric bias induced by environmental factors is rejected.
14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions

The regulation provides that no person may begin a flight in an airplane under day-VFR

conditions unless there is enough fuel to fly to the first point of intended landing and to fly after

that for at least 30 minutes.

Given the area of operation for the Trimble ZX5 Multirotor, Monitor Environmental Ltd.

believes that an equivalent level of safety is already achieved with the specific procedure

preventing the Trimble ZX5 Multirotor to accept a take-off order is the battery level is below a

given value. Moreover, The integrated “low” and “critical” battery level warnings and

implemented a “return to Home” (and “Go Land”) actions in these situations are preventative

safety measures.

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

This regulation provides as follows:

• No person may operate a civil aircraft unless it has an appropriate and current

airworthiness certificate.

• 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 §91.715 is

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

The Trimble ZX5 Multirotor is lightweight. There is no ability or place to carry certification

and registration documents or to display them on the UAS. In addition, there is no pilot or

passengers on board the aircraft.

To obtain an equivalent level of safety and meet the intent of 91.203, Monitor

Environmental, Ltd. propose that documents deemed appropriate for this aircraft by the FAA will

be co-located with the operator at the ground control station in the Trimble ZX5 Multirotor box

and available for inspection upon request

14 CFR Subpart E (91.401 - 91.417) - Maintenance, Preventive Maintenance, and

Alterations

The regulation provides that the operator is primarily responsible for maintaining the

aircraft in an airworthy condition, including compliance with Parts 39 and 43. Paragraphs 91.407

and 91.409 require that the aircraft be "approved for return to service by a person authorized

under 43.7" after maintenance and inspection. Section 91.409(a)(2) requires an annual inspection

for the issuance of an airworthiness certificate. Section 91.417(a) requires the owner or operator

to keep records showing certain maintenance work that has been accomplished by certificated

mechanics, under Part 43, or licensed pilots and records of approval of the aircraft for return to

service.

Monitor Environmental, Ltd. proposes that the maintenance of the Trimble ZX5

Multirotor will be accomplished by the owner/operator according to the maintenance manual,

provided by Trimble. Monitor Environmental, Ltd. requests the FAA treat the Trimble ZX5

Multirotor training program as proprietary under 14 C.F.R. 11.35(b) and not include this

document in the public docket.
An equivalent level of safety will be achieved because the Trimble ZX5 Multirotor is

small in size, it is not a complex mechanical device, it will carry no external payload, and it will

operate only in restricted predetermined areas. The operator is the person most familiar with the

aircraft and is best suited to maintain the aircraft in an airworthy condition and to ensure an

equivalent level of safety. Before each flight, the Trimble ZX5 Multirotor runs automatically a

sequence of pre-flight tests to make sure that every sensor and every critical part is running

properly. If a problem is detected, the Trimble ZX5 Multirotor will not be able to be switched-on

and a message error is displayed on the main screen of the flight management software. The

operator can then refer to the maintenance manual to troubleshoot this issue. Several parts of the

Trimble ZX5 Multirotor are easily interchangeable (propellers), which allows the operator to

make sure the propulsion system is always airworthy when a mission is initiated.

ANNEX B: ACADEMY OF MODEL AERONAUTICS SAFETY REQUIREMENTS

http://www.modelaircraft.org/files/105.pdf

http://www.modelaircraft.org/files/540-D.pdf

http://www.modelaircraft.org/files/560.pdf

Thank you for your consideration in this matter. I appreciate that the FAA has made all efforts to

simplify this process and provide opportunity to responsible applicants.