# 1\ Environmental Site Mapping • Hazardous Materials and Waste Surveys**~** 

### 'rJ E**~'** Aerial Control and GPS Surveys • Topographic and Existing Condition Surveys

### r.,~ 

# +Q Remote Sensing and GIS • Hydrographic/BathymetricSurveys • ALTA/ACSM Certified Surveys '( \ Transportation and Right ofWay Surveys • Deformation and Structure Monitoring Surveys 

# -BORBAS---------------

# 1:!_~~

September 1, 2015

United States Department ofTransportation Docket Management System 1200 NewJersey Avenue SE Washington, DC 20590 Filed at www.regulations.gov

SUBJECT:

Petition for Exemption underSection 333 ofthe FAA Reform Act and Part 11 ofthe Federal Aviation Regulations

Submitted by: J. Peter Barbas, PLS, PP Barbas Surveying and Mapping, LLC 402 Main Street Boonton NJ 07005 

### 973-316-8743 peter.borbas@borbas.com

402 Main Street, Boonton, NJ 07005 Phone (973} 316-8743 Fax (973) 402-6627 www.borbas.comDear Sir or Madam:

Request for Part 333 Exemption Pursuantto Section 333 ofthe FAA Modernization and Reform Act of2012 (the "Reform Act"} and 14C.F.R. Part 11, Steven Todd Welebny (the petitioner and operator} seeks an exemption from the Federal Aviation Regulations listed belowto permitthe operations of Unmanned Aircraft Systems in the National Airspace System forthe purpose ofAerial Data Collection. 14 CFR 61.113(a} and (b) 14CFR 91.7(a} 14 CFR 91.119(c} 14 CFR 91.121 14 CFR 91.151(a}(1} 14 CFR 91.405(a} 14 CFR 91.407(a}(1} 14 CFR 91.409(a}(1} and (2} 14 CFR 91.417(a} and (b)

Reason for Relief The exemption from the above Federal Aviation Regulations, and adherence to applicable conditions and limitations, would permitAerial Data Collection within the NAS bythe petitioner, utilizing UAS equipped with small digital cameras. Recent advances in sensors, computer processing, digital imaging processing, lightweightflight management systems, and the emergence ofthe small UAS as a capable platform, have converged such that a small UAS can be utilized to create a range ofproductsthat were previously onlytheoretical. While modern vertical digital aerial cameras are extraordinarilygood atwhatthey do, and terrestrial cameras can produce impressive results ofthe sides ofobjects, neitheron its own can produce a completethree-dimensional model. A lightweight UAS carrying aloft a good quality consumer-grade camera quality can capture images from multiple perspectives. When enough ofthese images are acquired from these perspectives and in the proper sequence, the digital imagery can be used to generatevery detailed three-dimensional models, create extremely accurate photogrammetric mapping products, and perform numerous other survey activitiesfrom a remote perspective.Public Benefit There is a large demand forthree-dimensional productsfrom the survey, engineering, transportation, environmental, and architectural communitiesto name afew. Properly and safely deployed, a small UAS can providethese communities with new and enhanced products obtained from a new perspective at lower cost than traditional products. Barbas Surveying and Mapping, LLC specializes in surveys ofSuperfund sites, Brownfields, hazardous and toxic waste sites, contaminated industrial and energyfacilities, and other remediation sites. The entireteam undergoes recurrenttrainingfor working with hazardous materials, working in hazardous environments, and have baseline and regular blood screening for monitoringtoxins. The public bears a large part ofthe direct and indirect cost for environmental monitoring and rehabilitation oftoxic sites. It is expensive to place properly equipped workers on these sites. Any remote surveyingthat can takethe place ofan individual worker or surveyor equipped for possible exposure to hazardous materials and waste is goingto be a less expensive survey, and putfewer people at risk. There are additional hazards routinelyfacing workers on rooftops, near ledges, in and around excavations, and along waterfronts. The surveyteam works in these locations all the time. The petitioner has thetools, knowledge, and experience required to perform dangerous survey tasks more safely and more efficientlywith the emerging UAV technology, and can bring a range of new survey productstothe engineering communitythat were previouslytoo dangerous or remote to acquire. Ourtesting on the range has demonstrated thatthe system and fail-safes are robust, and the data capture via remote sensing is of high-quality,thereby reducing risk to individuals on some projects.

Survey Missions The typical mission would be during daylight by a client's request, over a site they possess command and control. Non-essential personnel would not be present in the survey area. All missions will be geo-fenced horizontallytothe survey area, and vertically beneath 200' AGL unless otherwise granted a specific COA. The mission will be conducted in such a manner so that avisual line ofsight can be maintained forthe entirety ofthe flight. Most pre-flight activities normally conducted while preparingfor a manned flight still apply. This would include checking thatthe weather is above minimum visibilityfor flight, and that conditions don't exceed the capabilities ofthe UA. NOTAMS, and TFR's will be reviewed. The mission's proximityto airports, heliports, and airspace will be determined during preflight planning. Outside ofareas where operations require coordination or notice, it may be prudent and polite to alert an airtraffic control facility ifthe UAS operation is nearby. Depending on the location of the survey, it may be prudent as well to notify local authorities so thatthey can inform the public should anyone inquire aboutthe UAS operation.A post-flight check ofthe UA will be conducted immediately upon landing. With the UA being electrically powered, checking the craftfor excessively warm components will help insure there are no failures of motors, motor controllers, batteries and other components duringthe next flight. This will also keep the operator informed as to whetherthe UA is being operated within acceptable limits. There are additional checks recommended by Academy of Model Aeronautics, and the documents enclosed contain more detailed checklists and operating guides.

UAS Operations While the FAA's Small UAS NPRM is not law, the Major Provisions of Proposed Part 107 Operational Limitations are generally not in conflict with recent Part 333 grants ofexemption. Small UAS NPRM will be used as a sensible guideline for operations when not in conflict with the conditions and limitations ofa Part 333 exemption. The operator ofany ofour UAS will be a member ofthe Academy of Model Aeronautics. Where there is no existing FAA regulation, or notcontraryto FAA regulation, missions will also use as a guidelinethe Academy of Model Aeronautics National Model Aircraft Safety Code Parts A and B, and the Operations-Requirements-Limitations section ofAMA Document#560, Radio Controlled Model Aircraft Operation Utilizing Failsafe, Stabilization and Autopilot Systems. The Part 333 exemption mayfor example have more restrictive operational limitsfor acommercial UAS than the AMA guideline. An FAA regulation, condition, or limitation would take precedence. Recent Part 333 exemptions have required thatthe operator ofa UAS possess a pilot certification, and a current FAA medical certificate orvalid U.S. driver's license. The Major Provisions of Proposed Part 107 would require a UAS operatorto pass an initial aeronautical test, and be vetted bytheTransportation SecurityAdministration. Any ofour staffflying a UAS under a Part 333 exemption would possess a Pilot Certification, avalid U.S. driver's license, and aTSA issued Transportation Worker Identification Credential, so as to insure the public's safety. Our UAS project manager is a certified pilot and ASPRS certified photogrammetristwith more than 30 years ofexperience flying manned aircraft capturing survey quality imagery.

UAS Systems The UAS operated underthis exemption, should it be granted, are uniformly equipped with a 3DRobotics' Pixhawk autopilot running APM code. Mission planning will be through the Mission Planner GCS forAPM, and plans uploaded tothe autopilot. The GCS and UAS autopilot are linked by atwo-way 915MHz radio telemetry system. Data is uploaded tothe autopilotvia the radio telemetry link, and the GCS gets a live data feed from the UAS. Should it become necessary, the UA can be brought under immediate manual control bythe operatorwith a radio transmitter operating at 2.4GHz.The mission guidance system has extensive fail-safes that are operational priorto starting a mission, while the UA is on station. The autopilot is monitoringthe status and health ofthe sensors required to safely conduct a mission. Ifthe autopilot detects erroneous or missing data from aflight critical sensor, the autopilot will prevent a launch. Ifthe autopilot detects erroneous or missing data from aflight critical sensor during aflight, itwill initiate a landing. If the battery ofthe UA falls beneath 20 percent power, the UA will initiate a landing. While thetelemetry system is reportingthis activitytothe GCS, and the operator atthe GCS can initiate a return to launch, an immediate landing, ortake manual control, the UA autopilot is operating independently should thetelemetry or radio transmitter link be broken. The fail-safes are well documented in the 3DRobotics X8+ Operation Manual (enclosed). As the APM system operates both rotorcraft and fixed-wing craft, the petitionerwould be using the 3DR Pixhawk autopilot running APM on thetwo aircraft proposed forthe Part 333 exemption. Both will have the same autopilot, the same fail-safes, and interface with the GCS and radio transmitter in the same manner. Each is equipped with GPS, external compass, inertial sensors, barometer, and atwo-waytelemetry system monitoringthe status and health ofthe system and communicating ittothe GCS. The system will be standard across the commercial fleet. The failsafe documentation in the 3DR X8+ Operation Manual detailsthe individual failsafe items in a mannerthat is easy totransmit in the exemption request, butthe most current and extensive documentation for APM and Mission Planner for both platforms can atthe time of this writing be located at http:/ /ardupilot.com/.

Aircraft Performance and Design Two UA are being sought exemption for: The 3DRobotics X8+ and theTuffWing UAV Mapper. 1. The 3DRobotics X8+ is a conventional'quadcopter' with central body made from avery strong glass epoxy composite, sandwichingfour aluminum arms. The 3DR X8+ weighs 3.5kg or less (approximately 7.71bs) with a maximum mission airspeed of less than 15kts (8ms). It has a maximum flighttime of 15 minutes, dependent on loading and maneuvering. The 3DR airframe is shared across models and the 2014 Quad Build Manual is enclosed for airframe details and is maintained for maintenance reference.

2. The TuffWing UAV Mapper is afixed flying-wing pusher prop design weighing 1.6kg or less (approximately 3.51bs) with a mission airspeed of less than 50kts (25ms). It has a maximum flight time of45 minutes, depending upon loading and maneuvering. It is made ofan EPP foam, with carbon fiber reinforcementtubes in the wings, and several light plywood bulkheads. There is a sensor bay which houses the flight computer, electronics, battery, and a small'point and shoot' camera. The design is hand-launched and has no landing gear. The UAV Mapper has avery blunt nose and should cause minimal damage should it strike anything.Both the petitioner's UAS fall well within the 1Sibs and 70mph limits established in the Academy of Model Aeronautics Document #560 Utilizing Failsafe, Stabilization and Autopilot Systems for waypoint guided flight. The petitioner's UAS is within the weight and speed requirements of recently granted Part 133 exemptions, and would complywith the FAA's Small UAS NPRM.



### Safety The petitioner's operations have been standardized by using the same autopilot, radio receiver, radio transmitter, telemetry, and GCS on the presentfleet. (The petitioner has other units used for practice and testing not listed in the exemption request, butthese also run the same standardized systems.) The petitioner has been operatingthe 3DR Quad and trainers utilizingthe same APM autopilot system and linkingtothe Ground Station via telemetryfor almost ayear atthetime ofthis writing. Trainingflights by autonomous control, manual control, and assuming manual control ofan autonomousflight are conducted regularly. Actual payload and endurance ofany ofthe craft ortrainers are all variable as with any aircraft or rotor-wing. Perhaps more so with electric powered vehicles able to convert potential to energy so quickly. The live telemetry and verification ofbatteryvoltages by voltmeter and when charging produce real world results. With thetelemetry includingvoltage and available amperage as fail-safes, a mission may be cut short orthe craft may land even ifa mistake was made in operation.



### Summary Barbas Surveying and Mapping, LLC supports clients and projectsthat improvethe quality of life, safety and securityfor all people. By implementinga UA System for data acquisition, we can reduce our carbon footprint, reduce costs to our government clients and tax payers and greatly enhance and protectthe health and safety ofour surveyteam members. We have addressed and will implement only safe and permitted tools and systems to be used by only qualified and experienced personnel.

Respectfully Submitted,

J

. Peter Barbas, PLS, PP Barbas Surveying and Mapping, LLC