Richard McNamara

Volant Measurement, LLC

3690 W Gandy Blvd, #105

Tampa, FL 33611

richardmcnamara@volantmeasurement.com

25-Nov-15

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

Dear Sir or Madam: 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (Reform Act) and 14 CFR Part 

11, Volant Measurement, LLC (VM), owner and operator of small Unmanned Aircraft Systems (sUAS) 

hereby requests exemption from the Federal Aviation Regulations (FARs) listed below so that Volant 

Measurement may operate small UASs commercially for the purpose of in-situ and remote sensing data 

collection, survey and mapping services, and photography and video capture, in the national airspace

(NAS) regulated by the FAA, so long as such operations are conducted within and under the conditions 

outlined herein or as may be established by the FAA as required by Section 333. 

Exemption from the requested FARs would allow Volant Measurement to conduct commercial 

operations using fixed wing and multi-rotor platforms with which the staff is already experienced 

operating. Specifically, VM staff will be using 3D Robotics Aero M fixed wing and 3D Solo, Iris+, and X8+ 

multi-rotor platforms. These are well established platforms and systems used by companies having 

already received FAA COA and 333 exemptions. 3D Robotics has been a leader in the development and 

marketing of drone aircraft enabling access to sophisticated technology and capabilities to businesses 

and hobbyists.

Prior exemptions have been issued in support of similar operations, for reasons materially similar to our 

own, including: Grants of Exemption Nos. 11062 to Astraeus Aerial (see Docket No. FAA−2014−0352), 

11109 to Clayco, Inc. (see Docket No. FAA−2014−0507), 11112 to VDOS Global, LLC (see Docket No. 

FAA−2014−0382), 11213 to Aeryon Labs, Inc. (see Docket No. FAA−2014−0642), and 12645 to Allied 

Drones (see Docket No. FAA-2014-0804).
The Petitioner Requests Relief From the following regulations:

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.P.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. 91.215 

14 C.F.R. 91.405 

14 C.F.R. 91.407 

14 C.F.R. 91.409 

14 C.F.R. 91.417 (a) & (b)

Background

Volant Measurement, LLC is a newly formed company positioning itself to grow with the development of 

its products and services geared specifically toward the UAS industry. Initially the VM focus will be on 

the design, development and integration of gas and other airborne in-situ and remote sensing 

technology into sUAS specifically targeting petrochemical and pipeline gas leak detection and providing 

survey and mapping services for agriculture, mining and other business. VM is also positioned to provide 

aerial photography and video for real estate and other interested parties as a method to generate 

revenue while developing and marketing the company’s sensors and services.

Volant Measurement combines the unique capabilities of aerospace and electrical engineers with 

extensive experience in the field of research aircraft instrumentation and modification. As former 

National Oceanic and Atmospheric Administration (NOAA), Aircraft Operations Center, career engineers, 

Richard McNamara (VM President) and Daniel Lino (VM Vice President) have over 40 combined years of 

experience in the airborne research industry. The VM team has a broad scope of experience related to 

the installation and operation of sensors and systems on NOAA’s Lockheed WP-3D and Gulfstream G-IV 

Hurricane Hunter aircraft, as well as NOAA's light aircraft, in addition to specialized expertise in the 

fields of Geographic Information Systems, Geometric Sciences and Three Dimensional Data Modeling. 

Mr. McNamara and Mr. Lino have successfully implemented a full spectrum of projects while 

maintaining strict safety requirements, including adherence to the applicable FARs, necessary when 

performing structural and electrical aircraft modifications. VM staff has specialized experience in 

scientific instrumentation design, installation, performance evaluation and calibration and analysis of 

system and instrumentation equipment on aircraft in support of multinational, atmospheric and 

environmental, research projects.

VM Engineers are experienced in aircraft sensor design, fabrication, installation and performance 

evaluation for extreme atmospheric conditions encounter in and around severe weather in support of

atmospheric research studies conducted by government and educational institutions in the US and 

abroad. Our engineers have worked with the FAA and DERs on numerous projects requiring effective 
solutions to complex aerodynamic issues that have included icing, flow and performance evaluation of 

custom sensor inlet probes for NOAA aircraft, addressing shed ice into aircraft engines and 

streamline/flow impact on aircraft pressure readings. The backgrounds of the VM staff ensure that any 

VM sUAS operation exercising the privileges granted under this exemption will be conducted in a safe 

and professional manner consistent with aerospace industry standards.

Public Interest

The career experiences of Mr. McNamara and Mr. Lino uniquely qualify them to lead Volant 

Measurement into the burgeoning sUAS market and fill the public need for safer, lower cost, airborne 

environmental and atmospheric research. As the growing body of evidence mounts and as the majority 

of climate scientists have indicated, it is clear that anthropogenic global warming is real and could have 

devastating consequences for mankind. Granting our request will allow VM to participate in the

collection of atmospheric greenhouse gas data using sUAS technology as a safer, lower cost alternative 

to similar current operations using manned aircraft, ultimately resulting in mitigation of the gases 

causing damage to the global climate/environment.

In addition, any service provided by VM that employs sUAS operations as a substitute for manned 

aircraft, including aerial photography and videography, and aerial mapping, will ultimately be less costly 

and more safe than manned aircraft operations in as much as sUASs do not carry crew, passengers or 

flammable liquids and are so much smaller and lighter that potential hazards from emergency situations 

are significantly reduced and the power requirements, crewing and support infrastructure required, as 

compared to manned aircraft operations providing similar services, significantly reduce cost to potential 

clients.

Flight Operations

Below is a summary of operational limitations and conditions that will ensure an equivalent or higher 

level of safety to operations conducted under current regulatory guidelines:

1. The sUAS will weigh less than 55 pounds.

2. VM will designate a Pilot in Command (PIC) for each mission. 

3. Flights will be operated within a visual line of sight of the PIC and visual observer.

4. Maximum total flight time for each operational flight will be limited to the amount of time the sUAS

can be flown and still maintain a reserve battery power of no less than 25%.

5. Flights will be operated at an altitude of no more than 400 feet above ground level (AGL).

6. Flights will be operated at a distance of at least 500 feet from all nonparticipating persons, vessels, 

vehicles, and structures unless, all nonparticipants are sufficiently protected from potential accident 

hazards for the duration of the flight or permission has been obtained from relevant nonparticipants.

7. Minimum crew for each operation will consist of the sUAS Pilot in Command and a Visual Observer. 

Additional crewmembers may consist of a Camera Operator.
8. The sUAS Pilot in Command will be an FAA licensed airman with at least a sports pilot's certificate, and 

a valid US driver's license issued by a state.

9. The sUAS will operate only within a predetermined, electronically confined area, using a 'geofence,' 

fail safe configuration as described in the manufacturer's platform manuals.

10. Prior to the operations at a particular location, a site inspection will have been conducted.

11. A briefing will be conducted in regard to the planned sUAS operations prior to each day's missions. It 

will be mandatory that all personnel who will be performing duties within the boundaries of the 

operating area be present for this briefing.

12. VM crew will use the platform manufacturer's pre-flight checklists and callouts.

13. All sUAS's will be maintained in compliance with the manufacturer's guidelines.

14. In the event of an accident involving an VM sUAS, the PIC will cease operations and report the 

accident to the NTSB and AFS-80.

15. Pilot in Command and Visual Observer will be able to communicate at all times.

16. Pilot in Command, Camera Operator, Visual Observer, and Operational Personnel will have been 

trained and tested in accordance with sUAS manufacturers’ operating manuals, and operations 

limitations as prescribed by the FAA.

17. 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.

18. VM management will submit a written "Plan of Activities" to the local Flight Standards District Office 

(FSDO) having jurisdiction over the area of proposed operation three days in advanced of any activity 

requiring coordination with the local FSDO.

19. If the sUAS loses communications signal, the sUAS will have the capability to return to a predetermined location within the operating area and land.

20. Contingency plans will be in place to safely terminate any flight if there is a loss of communication 

between the pilot and the observer.

21. The sUAS has the capability to abort a flight in case of unanticipated obstacles or emergencies.

22. VM will assure no individuals' privacy is violated.

23. Any operations in airspace other than Class G will be coordinated with ATC.
Extent of Relief Sought and Level of Safety

The regulations from which relief is sought are specified here, along with explanations as to how VM will 

either maintain an equivalent level of safety intended by the regulation, how the level of safety 

intended by the regulation will be improved upon by VM sUAS operations, or why the specific regulation 

is not applicable.

14 CFR Part 21, Subpart H: Airworthiness certificates

Subpart H, establishes the procedural requirements for the issuance of airworthiness certificates as 

required by FAR §91.203(a)(1). Given the size, weight and limited operating parameters associated with 

the aircraft to be utilized, 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 (49 

USC §44701(f)) 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 particular sUAS. In all cases, an analysis

of these criteria demonstrates that the sUAS 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 operating with an airworthiness certificate without the restrictions and conditions 

proposed.

14 CFR 45.23(b): Marking of the aircraft

This regulation requires that certain experimental, provisionally certified aircraft, or light sport category 

aircraft to be marked with letters between 2 inches and 6 inches high “limited”, “restricted,” “lightsport,” “experimental,” or “provisional,” near each entrance to a cabin, cockpit or pilot station. 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 words can be placed. Given the size

of the UAS, 2 inch lettering may be impossible. VM will mark the sUAS in its fleet as practicable.

14 CFR 61.113(a) & (b): Private pilot privileges and limitations: Pilot in command

Sections 61.113(a) and (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 pilot operating the aircraft to have completed a UAS flight-training course. 

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

area of operation is controlled and restricted, and all flights are planned and coordinated in advance. 

The risks associated with the operation of the UAS are so diminished from the level of risk associated 

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

as requested exceeds the present level of safety achieved by 14 CFR 61.113(a) and (b).

14 CFR 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 aircraft VM contemplates operating, should this 

exemption be granted, no FAA regulatory standard will exist for determining airworthiness. Given the 

size of the aircraft and the operational restrictions put on the aircraft, an equivalent level of safety will 

be provided.
14 CFR 91.9(b)(2): Civil aircraft flight manual, marking and placard requirements

The UAS, given its size and configuration has no capability nor location 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 

operating manuals at the ground control point where the pilot flying the UAS will have immediate 

access.

14 CFR 91.103: Preflight action

This regulation requires each pilot in command take certain actions before flight to ensure the safety of 

flight. An exemption is needed from this requirement, as the pilot will take separate preflight actions, 

including checking for weather conditions, checking flight battery or fuel requirements, checking takeoff 

and landing distances, and all other actions in the operating manuals and safety checklists. These actions 

will provide an equivalent level of safety.

14 CFR 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. By design, UAS 

do not have fully functional dual controls. Flight control is accomplished through the use of a control box 

that communicates with the aircraft via radio communications. The equivalent level of safety is provided 

by the fact that neither a pilot nor passengers will be carried in the aircraft, the ability to control the UAS 

via radio signals from the controller and by the size and speed of the aircraft.

14 CFR 91.119: Minimum safe altitudes

Section 91.119 establishes safe altitudes for operation of civil aircraft. The UAS will never operate at 

altitude higher than 400 AGL and all operations will occur during daylight hours under Visual 

Meteorological Conditions only.

The 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. No flight will be taken without the permission of the property owner. 

Because advance notice to the property owner and any onsite personnel, as well as the precautions 

outlined below, all affected individuals will be aware of the planned flight operations.

Flight operations will be conducted at least 500 feet from all non-participating persons (persons other 

than the pilot in command (PIC) or visual observer (VO)), vessels, vehicles and structures, unless 

operations do not present an undue hazard. The UAS will remain within visual line of sight of the PIC and

VO. Flight operations will be conducted at least 5 miles from an airport. The PIC or VO will provide 

notification to the local Flight Standards District Office and airport controller of all operations within 5

miles of an airport. The FAA will have advance notice of all operations through the filing of notices-toairmen.

Compared to flight operations with aircraft or rotorcraft weighing far more than the UAS proposed 

herein, any risk associated with our operations is far less than those presently presented with 

helicopters and other conventional aircraft operating at or below 400 feet AGL. In addition, the lowaltitude operations of the UAS will ensure separation between these UAS operations and the operations 

of conventional aircraft that must comply with Section 91.119.
14 CFR 91.121: Altimeter Settings

This regulation requires each person operating the 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.” As the UAS may not have a barometric altimeter, but instead a GPS altitude 

read out, an exemption may be needed. An equivalent level of safety will be achieved by the PIC 

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

14 CFR 91.151: Fuel requirements for flight in VFR conditions

Section 91.151 outlines fuel requirements for beginning a flight in VFR conditions. Relief from Section 

91.151 is requested to the extent required to allow flights of a variety of UAS during daylight hours in 

visual flight rules (VFR) conditions to continue until 25% of remaining battery power remain. VM seeks 

the requested relief because without an exemption from Section 91.151, the flight time duration of the 

selected aircraft will be reduced and severely constrain the practicality of any aerial acquisition of data 

that VM proposes to conduct pursuant to this petition. The technical specifications of the proposed UAS, 

their Operations Manuals, and VM's proposed operating limitations, ensure that VM will safely operate 

the selected aircraft during daylight hours in VFR conditions until 25% of remaining battery power or 

fuel reserves remain.

14 CFR 91.203(a) & (b): Carrying civil aircraft certification and registration

The UAS has no cabin, cockpit or pilot station and is operated without an onboard pilot. Therefore, there 

is no ability or place to carry certification and registration documents or to display them on the UAS. An 

equivalent level of safety will be achieved by keeping these documents at the ground control point 

where the pilot flying the UAS will have immediate access to them, to the extent they are applicable to 

the UAS.

14 CFR 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.

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

sections will not apply to VM sUAS's. Maintenance will be accomplished pursuant to the manufacturer’s

User Guide and/or Operating Manual. An equivalent level of safety will be achieved because these UASs 

are 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 land immediately and will be operating from no higher 

than 400 feet AGL. The PIC will ensure that the UAS is in working order prior to initiating flight, perform 

required maintenance and keep a log of any maintenance performed. Moreover, the PIC is the person 

most familiar with the aircraft and best suited to maintain the aircraft in an airworthy condition to 

provide the equivalent level of safety.
International Operations

Given the global impact of climate change and that the anthropogenic contributors to greenhouse gas

emissions originate in countries all over the planet, it is imperative that VM be able to operate 

worldwide. sUAS based sensing systems being developed by VM will have potential for worldwide 

industrial and environmental applications. Access to foreign markets is essential to provide services and 

products to parties interested in detecting and limiting escaping gases from petrochemical facilities and 

pipelines and monitoring the environment. According to the US EPA, the United States contributes 19% 

to the worlds CO2 emissions. The obvious limitation of operating solely within the US illustrates the 

great need for obtaining atmospheric data concerning greenhouse gases worldwide.

For these reasons, VM specifically requests that the ability to exercise the privileges granted under this 

exemption be extended to operations outside the United States. While conducting international 

operations within member States, VM will adhere to procedures set forth in the ICAO Manual on 

Remotely Piloted Aircraft Systems, as well as regulations set forth by the individual State, member or 

not. VM will work with foreign aviation organizations and customers to gain all required clearances and 

meet equipment, operation and legal requirements for each project. Only radio frequency transmitting 

equipment meeting frequency and power requirements for countries where VM will be operating will be 

used. 

Summary For the Federal Register

Pursuant to 14 CFR Part 11, the following summary is provided for publication in the Federal Register. 

Volant Measurement, LLC seeks an exemption from the following regulations to commercially operate 

small Unmanned Aerial Systems weighing less than 55 pounds for the purposes of in-situ data collection, 

remote sensing, mapping and aerial photography/videography. These exemptions should allow for a 

sUAS to be safely operated within the national airspace where conventional aircraft regulations would 

be inapplicable: 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.P.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. 91.215, 14 C.F.R. 91.405, 14 C.F.R. 91.407, 14 C.F.R. 

91.409, 14 C.F.R. 91.417 (a) & (b)