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/Bathymetric Surveys • ALTA/ ACSM Certified Surveys 

'( \ Transportation and Right of Way Surveys • Deformation and Structure Monitoring Surveys 

-BORBAS---------------

1:!_~~ 

September 1, 2015 

United States Department of Transportation 

Docket Management System 

1200 New Jersey Avenue SE 

Washington, DC 20590 

Filed at www.regulations.gov 

SUBJECT: 

Petition for Exemption under Section 333 of the FAA Reform Act and Part 11 of the 

Federal Aviation Regulations 

Submitted by: 

J. Peter Barbas, PLS, PP 

Barbas Surveying and Mapping, LLC 

402 Main Street 

Boonton NJ 07005 

973-316-87 43 

peter.borbas@borbas.com 

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

Request for Part 333 Exemption 

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

and 14 C.F.R. Part 11, Steven Todd Welebny (the petitioner and operator} seeks an exemption 

from the Federal Aviation Regulations listed below to permit the operations of Unmanned 

Aircraft Systems in the National Airspace System for the purpose of Aerial Data Collection. 

14 CFR 61.113(a} and (b) 

14 CFR 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 permit Aerial Data Collection within the NAS by the 

petitioner, utilizing UAS equipped with small digital cameras. 

Recent advances in sensors, computer processing, digital imaging processing, lightweight flight 

management systems, and the emergence of the small UAS as a capable platform, have 

converged such that a small UAS can be utilized to create a range of products that were 

previously only theoretical. 

While modern vertical digital aerial cameras are extraordinarily good at what they do, and 

terrestrial cameras can produce impressive results of the sides of objects, neither on its own 

can produce a complete three-dimensional model. 

A lightweight UAS carrying aloft a good quality consumer-grade camera quality can capture 

images from multiple perspectives. When enough of these images are acquired from these 

perspectives and in the proper sequence, the digital imagery can be used to generate very 

detailed three-dimensional models, create extremely accurate photogrammetric mapping 

products, and perform numerous other survey activities from a remote perspective. 
Public Benefit 

There is a large demand for three-dimensional products from the survey, engineering, 

transportation, environmental, and architectural communities to name a few. Properly and 

safely deployed, a small UAS can provide these 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 of Superfund sites, Brownfields, 

hazardous and toxic waste sites, contaminated industrial and energy facilities, and other 

remediation sites. The entire team undergoes recurrent training for working with hazardous 

materials, working in hazardous environments, and have baseline and regular blood screening 

for monitoring toxins. 

The public bears a large part of the direct and indirect cost for environmental monitoring and 

rehabilitation of toxic sites. It is expensive to place properly equipped workers on these sites. 

Any remote surveying that can take the place of an individual worker or surveyor equipped for 

possible exposure to hazardous materials and waste is going to be a less expensive survey, and 

put fewer people at risk. 

There are additional hazards routinely facing workers on rooftops, near ledges, in and around 

excavations, and along waterfronts. The survey team works in these locations all the time. 

The petitioner has the tools, knowledge, and experience required to perform dangerous survey 

tasks more safely and more efficiently with the emerging UAV technology, and can bring a 

range of new survey products to the engineering community that were previously too 

dangerous or remote to acquire. Our testing on the range has demonstrated that the 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 horizontally to the survey area, and vertically beneath 200' AGL 

unless otherwise granted a specific COA. The mission will be conducted in such a manner so 

that a visual line of sight can be maintained for the entirety of the flight. 

Most pre-flight activities normally conducted while preparing for a manned flight still apply. 

This would include checking that the weather is above minimum visibility for flight, and that 

conditions don't exceed the capabilities of the UA. NOTAMS, and TFR's will be reviewed. The 

mission's proximity to airports, heliports, and airspace will be determined during preflight 

planning. 

Outside of areas where operations require coordination or notice, it may be prudent and polite 

to alert an air traffic control facility if the UAS operation is nearby. Depending on the location of 

the survey, it may be prudent as well to notify local authorities so that they can inform the 

public should anyone inquire about the UAS operation. 
A post-flight check of the UA will be conducted immediately upon landing. With the UA being 

electrically powered, checking the craft for excessively warm components will help insure there 

are no failures of motors, motor controllers, batteries and other components during the next 

flight. This will also keep the operator informed as to whether the 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 of exemption. 

Small UAS NPRM will be used as a sensible guideline for operations when not in conflict with 

the conditions and limitations of a Part 333 exemption. 

The operator of any of our UAS will be a member of the Academy of Model Aeronautics. Where 

there is no existing FAA regulation, or not contrary to FAA regulation, missions will also use as a 

guideline the Academy of Model Aeronautics National Model Aircraft Safety Code Parts A and 

B, and the Operations-Requirements-Limitations section of AMA Document# 560, Radio 

Controlled Model Aircraft Operation Utilizing Failsafe, Stabilization and Autopilot Systems. The 

Part 333 exemption may for example have more restrictive operational limits for a commercial 

UAS than the AMA guideline. An FAA regulation, condition, or limitation would take 

precedence. 

Recent Part 333 exemptions have required that the operator of a UAS possess a pilot 

certification, and a current FAA medical certificate or valid U.S. driver's license. The Major 

Provisions of Proposed Part 107 would require a UAS operator to pass an initial aeronautical 

test, and be vetted by the Transportation Security Administration. Any of our staff flying a UAS 

under a Part 333 exemption would possess a Pilot Certification, a valid U.S. driver's license, and 

a TSA issued Transportation Worker Identification Credential, so as to insure the public's safety. 

Our UAS project manager is a certified pilot and ASPRS certified photogrammetrist with more 

than 30 years of experience flying manned aircraft capturing survey quality imagery. 

UAS Systems 

The UAS operated under this 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 for APM, and plans uploaded to the autopilot. The GCS and UAS autopilot are 

linked by a two-way 915MHz radio telemetry system. Data is uploaded to the autopilot via 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 by the operator with a 

radio transmitter operating at 2.4GHz. 
The mission guidance system has extensive fail-safes that are operational prior to starting a 

mission, while the UA is on station. The autopilot is monitoring the status and health of the 

sensors required to safely conduct a mission. If the autopilot detects erroneous or missing data 

from a flight critical sensor, the autopilot will prevent a launch. If the autopilot detects 

erroneous or missing data from a flight critical sensor during a flight, it will initiate a landing. If 

the battery of the UA falls beneath 20 percent power, the UA will initiate a landing. 

While the telemetry system is reporting this activity to the GCS, and the operator at the GCS 

can initiate a return to launch, an immediate landing, or take manual control, the UA autopilot 

is operating independently should the telemetry 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 petitioner would be using the 

3DR Pixhawk autopilot running APM on the two aircraft proposed for the 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 a two-way telemetry system monitoring the status and health of the system 

and communicating it to the GCS. The system will be standard across the commercial fleet. 

The failsafe documentation in the 3DR X8+ Operation Manual details the individual failsafe 

items in a manner that is easy to transmit in the exemption request, but the most current and 

extensive documentation for APM and Mission Planner for both platforms can at the 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 the TuffWing UAV Mapper. 

1. The 3D Robotics X8+ is a conventional'quadcopter' with central body made from a very 

strong glass epoxy composite, sandwiching four 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 flight time 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 a fixed 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 of 45 minutes, depending upon loading and maneuvering. It is 

made of an EPP foam, with carbon fiber reinforcement tubes 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 a very 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 comply with 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 present fleet. (The petitioner has other units used 

for practice and testing not listed in the exemption request, but these also run the same 

standardized systems.) 

The petitioner has been operating the 3DR Quad and trainers utilizing the same APM autopilot 

system and linking to the Ground Station via telemetry for almost a year at the time of this 

writing. Training flights by autonomous control, manual control, and assuming manual control 

of an autonomous flight are conducted regularly. 

Actual payload and endurance of any of the craft or trainers 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 of battery voltages by voltmeter and when 

charging produce real world results. With the telemetry including voltage and available 

amperage as fail-safes, a mission may be cut short or the craft may land even if a mistake was 

made in operation. 

Summary 

Barbas Surveying and Mapping, LLC supports clients and projects that improve the quality of 

life, safety and security for all people. By implementing a UA System for data acquisition, we 

can reduce our carbon footprint, reduce costs to our government clients and tax payers and 

greatly enhance and protect the health and safety of our survey team 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