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 ( s UAS) hereby requests exemption from the Federal Aviation Regulati ons (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 b y 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

ope rations 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 pla tforms 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 hobbyi sts.

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. Initiall y the VM focus will be on the design, development and integration of gas and other airborne in

- situ and remote sensing technology into s UAS specifically targeting petrochemical and pipeline gas leak detection and providing survey and mapping services for a griculture, 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 compan y’s sensors and services.

Volant Meas urement 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 Operat ions 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 ope ration 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 Dimen sional Data Mode ling. 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 aircraf t 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

e nvironmental, 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 studi es conducted by government and educational institutions in the US and abroad. Our engineers have worked with the FAA and DERs on numerous projects requiring effectivesolutions to complex aerodynamic issues that have included icing, flow and performance e valuation 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 e nsure that any VM sUAS operation exercising the privileges gran ted 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 climat e 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 operati ons 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 photogra phy 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 eme rgency 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

Be low 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 C ommand (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 nonpartici pating 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 certific ate, 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 o perations at a particular location, a site inspection will have be en 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 perfor ming duties wi thin the boundaries of the operating area be present for this briefing.

12. VM crew will use the platform manufacturer's pre

- flight checklist s and callouts.

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

14. In the e vent 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 Observ er, and Operational Personnel will have been
trained and tested in accordance with sUAS m anufacturers’ operating manual s, and operations limitations as prescribed by the FAA

.
17. All required permissions and permits will be obtained from territorial, stat e, county or city jurisdictions, including local law enforcement, fire or other appropriate governmental agencies.

18. V M management will submit a written "Plan of Activities" to the local Flight Standards District Office (FSDO) having jurisdiction over t he 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 pre

determined 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 w ith explanation s 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 impr oved upon by VM sUAS operations, or why the specific regulation is not applicable.

14 CFR Part 21, Subpart H: Airworthiness certificates

S ubpart H, establishes the procedural requirements for the issuance of airworthiness c ertificates as required by FAR §91.203(a)(1). Given the size , weight and limited operating parameters associated wit h 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 a uthorize 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 s UAS. In all cases, an analysis
of these criteria demonstrates that the s 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 operating with an airworthiness c ertificate without the restrictions and conditions proposed.

1 4 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,” “light

sport,” “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 w ill have no entrance to the cabin, cockpit or pilot stati on on which the words can be placed. Given the size of the UAS, 2 inch lettering may be impossible. VM will mark the s UAS 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 safe ty 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 o perations 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 operat ional 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 suc h 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 req uirement, 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 m anuals and safety checklis ts. These actions will provide an equivalent level of safety.

14 CFR 91.109: Flight instruction

Section 91.10 9 provides that no person may operate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraf t 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 i s 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 p recautions 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

no tification 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

- to

airmen.

Compared to flight operations with a ircraft 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 4 00 feet AGL. In addition, the l ow

altitude 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 condi tions

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 ac quisition 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 da ylight 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 pi lot. 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 U AS 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 inspec ted 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 airc raft 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 O perating 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 familia r 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 anth ropogenic contributors to green house 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 world wide 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 CO 2 emissions. The obvious limitation of operating solely within the US illustrates the great need for obtaining at mospheric data concerning greenhouse gases world wide

.
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 proc edures 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 equi pment, 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 publica tion 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)