August 28, 2015

Exemption No. 12646

Regulatory Docket No. FAA–2015–1602

Mr. Brandon Torres Declet

Measure, a 32 Advisors Company, LLC

1875 Connecticut Avenue, NW.

10th Floor

Washington, DC 20009

Dear Mr. Declet:

This letter is to inform you that we have granted your request for exemption. It transmits our 

decision, explains its basis, and gives you the conditions and limitations of the exemption, 

including the date it ends.

By letters dated May 4, 2015, and June 8, 2015, you petitioned the Federal Aviation 

Administration (FAA) on behalf of Measure (hereinafter petitioner or operator) for an 

exemption. The petitioner requested to operate unmanned aircraft systems (UAS) for the 

purpose of aerial data acquisition.

See Appendix A for the petition submitted to the FAA describing the proposed operations and 

the regulations that the petitioner seeks an exemption.

The FAA has determined that good cause exists for not publishing a summary of the petition 

in the Federal Register because the requested exemption would not set a precedent, and any 

delay in acting on this petition would be detrimental to the petitioner.
2

Airworthiness Certification

The UAS proposed by the petitioner are the aircraft attached to the docket as appendices 1 

and 2 in addition to the aircraft approved by the Secretary of the Department of 

Transportation for operation under Section 333.

1

The petitioner requested relief from 14 CFR part 21, Certification procedures for products 

and parts, Subpart H—Airworthiness Certificates. In accordance with the statutory criteria 

provided in Section 333 of Public Law 112−95 in reference to 49 U.S.C. § 44704, and in 

consideration of the size, weight, speed, and limited operating area associated with the 

aircraft and its operation, the Secretary of Transportation has determined that this aircraft 

meets the conditions of Section 333. Therefore, the FAA finds that the requested relief from 

14 CFR part 21, Certification procedures for products and parts, Subpart H—Airworthiness 

Certificates, and any associated noise certification and testing requirements of part 36, is 

not necessary.

The Basis for Our Decision

You have requested to use a UAS for aerial data collection.

2

The FAA has issued grants of 

exemption in circumstances similar in all material respects to those presented in your petition. 

In 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), and 11213 to Aeryon Labs, Inc. (see Docket No. 

FAA−2014−0642), the FAA found that the enhanced safety achieved using an unmanned 

aircraft (UA) with the specifications described by the petitioner and carrying no passengers or 

crew, rather than a manned aircraft of significantly greater proportions, carrying crew in 

addition to flammable fuel, gives the FAA good cause to find that the UAS operation enabled 

by this exemption is in the public interest.

Having reviewed your reasons for requesting an exemption, I find that—

 They are similar in all material respects to relief previously requested in Grant of 

Exemption Nos. 11062, 11109, 11112, and 11213;

 The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and 

11213 also apply to the situation you present; and 

 A grant of exemption is in the public interest.

 

1 The petitioner also proposed to operate additional battery and gas powered UAS. The FAA is assessing the 

fuel source and weight of these UAS. When the FAA completes its review, we will proceed accordingly and no 

further action will be required by the petitioner.

2 Aerial data collection includes any remote sensing and measuring by an instrument(s) aboard the UA. 

Examples include imagery (photography, video, infrared, etc.), electronic measurement (precision surveying, RF 

analysis, etc.), chemical measurement (particulate measurement, etc.), or any other gathering of data by 

instruments aboard the UA.
3

As discussed in the conditions and limitations below this exemption is issued to Measures. 

Therefore, Measures is the operator of any UAS operations conducted under the terms of this 

exemption. Nothing in this letter should be construed as FAA approval of a particular 

business model or employment arrangement between the exemption holder and UAS PICs. 

This exemption is subject to the conditions and limitations listed below.

Our Decision

In consideration of the foregoing, I find that a grant of exemption is in the public interest. 

Therefore, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701, 

delegated to me by the Administrator, Measure is granted an exemption from 14 CFR 

§§ 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a), 61.315(a), 91.7(a), 91.119(c), 91.121, 

91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b), to the 

extent necessary to allow the petitioner to operate a UAS to perform aerial data collection. 

Conditions and Limitations

In this grant of exemption, Measure is hereafter referred to as the operator.

Failure to comply with any of the conditions and limitations of this grant of exemption will be 

grounds for the immediate suspension or rescission of this exemption.

1. Operations authorized by this grant of exemption are limited to the aircraft approved 

by the Secretary of the Department of Transportation for operation under Section 333 

(Attachment 1) when weighing less than 55 pounds including payload. Proposed 

operations of any other aircraft will require a new petition or a petition to amend this 

exemption.

2. Operations for the purpose of closed-set motion picture and television filming are 

not permitted. 

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The 

exemption holder may use either groundspeed or calibrated airspeed to determine 

compliance with the 87 knot speed restriction. In no case will the UA be operated at 

airspeeds greater than the maximum UA operating airspeed recommended by the 

aircraft manufacturer.

4. The UA must be operated at an altitude of no more than 400 feet above ground level 

(AGL). Altitude must be reported in feet AGL.

5. The UA must be operated within visual line of sight (VLOS) of the PIC at all times. 

This requires the PIC to be able to use human vision unaided by any device other than 
4

corrective lenses, as specified on the PIC’s FAA-issued airman medical certificate or 

U.S. driver’s license.

6. All operations must utilize a visual observer (VO). The UA must be operated within 

the visual line of sight (VLOS) of the PIC and VO at all times. The VO may be used 

to satisfy the VLOS requirement as long as the PIC always maintains VLOS 

capability. The VO and PIC must be able to communicate verbally at all times;

electronic messaging or texting is not permitted during flight operations. The PIC 

must be designated before the flight and cannot transfer his or her designation for the 

duration of the flight. The PIC must ensure that the VO can perform the duties 

required of the VO.

7. This exemption and all documents needed to operate the UAS and conduct its 

operations in accordance with the conditions and limitations stated in this grant of 

exemption, are hereinafter referred to as the operating documents. The operating 

documents must be accessible during UAS operations and made available to the 

Administrator upon request. If a discrepancy exists between the conditions and 

limitations in this exemption and the procedures outlined in the operating documents, 

the conditions and limitations herein take precedence and must be followed. 

Otherwise, the operator must follow the procedures as outlined in its operating 

documents. The operator may update or revise its operating documents. It is the 

operator’s responsibility to track such revisions and present updated and revised 

documents to the Administrator or any law enforcement official upon request. The 

operator must also present updated and revised documents if it petitions for extension 

or amendment to this grant of exemption. If the operator determines that any update 

or revision would affect the basis upon which the FAA granted this exemption, then 

the operator must petition for an amendment to its grant of exemption. The FAA’s 

UAS Integration Office (AFS−80) may be contacted if questions arise regarding 

updates or revisions to the operating documents.

8. Any UAS that has undergone maintenance or alterations that affect the UAS operation 

or flight characteristics, e.g., replacement of a flight critical component, must undergo 

a functional test flight prior to conducting further operations under this exemption. 

Functional test flights may only be conducted by a PIC with a VO and must remain at 

least 500 feet from other people. The functional test flight must be conducted in such 

a manner so as to not pose an undue hazard to persons and property.

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is 

in a condition for safe operation.

10. Prior to each flight, the PIC must conduct a pre-flight inspection and determine the 

UAS is in a condition for safe flight. The pre-flight inspection must account for all 

potential discrepancies, e.g., inoperable components, items, or equipment. If the 

inspection reveals a condition that affects the safe operation of the UAS, the aircraft is 
5

prohibited from operating until the necessary maintenance has been performed and the 

UAS is found to be in a condition for safe flight.

11. The operator must follow the UAS manufacturer’s maintenance, overhaul, 

replacement, inspection, and life limit requirements for the aircraft and 

aircraft components.

12. Each UAS operated under this exemption must comply with all manufacturer 

safety bulletins.

13. Under this grant of exemption, a PIC must hold either an airline transport, 

commercial, private, recreational, or sport pilot certificate. The PIC must also hold a 

current FAA airman medical certificate or a valid U.S. driver’s license issued by a 

state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal 

government. The PIC must also meet the flight review requirements specified in 

14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.

14. The operator may not permit any PIC to operate unless the PIC demonstrates the 

ability to safely operate the UAS in a manner consistent with how the UAS will be 

operated under this exemption, including evasive and emergency maneuvers and 

maintaining appropriate distances from persons, vessels, vehicles and structures. PIC 

qualification flight hours and currency must be logged in a manner consistent with 

14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs 

(training, proficiency, and experience-building) and determining the PIC’s ability to 

safely operate the UAS in a manner consistent with how the UAS will be operated 

under this exemption are permitted under the terms of this exemption. However, 

training operations may only be conducted during dedicated training sessions. During 

training, proficiency, and experience-building flights, all persons not essential for 

flight operations are considered nonparticipants, and the PIC must operate the UA 

with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119.

15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All 

operations must be conducted under visual meteorological conditions (VMC). Flights 

under special visual flight rules (SVFR) are not authorized.

16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as 

denoted in the current FAA Airport/Facility Directory (AFD) or for airports not 

denoted with an ARP, the center of the airport symbol as denoted on the current 

FAA-published aeronautical chart, unless a letter of agreement with that airport’s 

management is obtained or otherwise permitted by a COA issued to the exemption 

holder. The letter of agreement with the airport management must be made available 

to the Administrator or any law enforcement official upon request.
6

17. The UA may not be operated less than 500 feet below or less than 2,000 feet 

horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.

18. If the UAS loses communications or loses its GPS signal, the UA must return to a 

pre-determined location within the private or controlled-access property.

19. The PIC must abort the flight in the event of unpredicted obstacles or emergencies.

20. The PIC is prohibited from beginning a flight unless (considering wind and forecast 

weather conditions) there is enough available power for the UA to conduct the 

intended operation and to operate after that for at least five minutes or with the reserve 

power recommended by the manufacturer if greater.

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All 

operations shall be conducted in accordance with an ATO-issued COA. The 

exemption holder may apply for a new or amended COA if it intends to conduct 

operations that cannot be conducted under the terms of the attached COA.

22. All aircraft operated in accordance with this exemption must be identified by serial 

number, registered in accordance with 14 CFR part 47, and have identification 

(N−Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must 

be as large as practicable.

23. Documents used by the operator to ensure the safe operation and flight of the UAS and 

any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the 

PIC at the Ground Control Station of the UAS any time the aircraft is operating. 

These documents must be made available to the Administrator or any law enforcement 

official upon request.

24. The UA must remain clear and give way to all manned aviation operations and 

activities at all times. 

25. The UAS may not be operated by the PIC from any moving device or vehicle. 

26. All Flight operations must be conducted at least 500 feet from all nonparticipating 

persons, vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons 

from the UA and/or debris in the event of an accident. The operator must ensure 

that nonparticipating persons remain under such protection. If a situation arises 

where nonparticipating persons leave such protection and are within 500 feet of 

the UA, flight operations must cease immediately in a manner ensuring the safety 

of nonparticipating persons; and

b. The owner/controller of any vessels, vehicles or structures has granted permission 

for operating closer to those objects and the PIC has made a safety assessment of 
7

the risk of operating closer to those objects and determined that it does not 

present an undue hazard.

The PIC, VO, operator trainees or essential persons are not considered 

nonparticipating persons under this exemption.

27. All operations shall be conducted over private or controlled-access property with 

permission from the property owner/controller or authorized representative. 

Permission from property owner/controller or authorized representative will be 

obtained for each flight to be conducted.

28. Any incident, accident, or flight operation that transgresses the lateral or vertical 

boundaries of the operational area as defined by the applicable COA must be reported 

to the FAA's UAS Integration Office (AFS−80) within 24 hours. Accidents must be 

reported to the National Transportation Safety Board (NTSB) per instructions 

contained on the NTSB Web site: www.ntsb.gov.

If this exemption permits operations for the purpose of closed-set motion picture and 

television filming and production, the following additional conditions and limitations apply.

29. The operator must have a motion picture and television operations manual (MPTOM) 

as documented in this grant of exemption.

30. At least 3 days before aerial filming, the operator of the UAS affected by this 

exemption must submit a written Plan of Activities to the local Flight Standards 

District Office (FSDO) with jurisdiction over the area of proposed filming. The 3-day 

notification may be waived with the concurrence of the FSDO. The plan of activities 

must include at least the following:

a. Dates and times for all flights;

b. Name and phone number of the operator for the UAS aerial filming conducted 

under this grant of exemption;

c. Name and phone number of the person responsible for the on-scene operation of 

the UAS;

d. Make, model, and serial or N−Number of UAS to be used;

e. Name and certificate number of UAS PICs involved in the aerial filming;

f. A statement that the operator has obtained permission from property owners 

and/or local officials to conduct the filming production event; the list of those 

who gave permission must be made available to the inspector upon request;

g. Signature of exemption holder or representative; and

h. A description of the flight activity, including maps or diagrams of any area, city, 

town, county, and/or state over which filming will be conducted and the altitudes 

essential to accomplish the operation.
8

31. Flight operations may be conducted closer than 500 feet from participating persons 

consenting to be involved and necessary for the filming production, as specified in the 

exemption holder’s MPTOM.

Unless otherwise specified in this grant of exemption, the UAS, the UAS PIC, and the UAS 

operations must comply with all applicable parts of 14 CFR including, but not limited to, 

parts 45, 47, 61, and 91.
9

This exemption terminates on August 31, 2017, unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan

Director, Flight Standards Service

Enclosures
10

Attachment 1

1. 2AgEagle

2. 3D Robotics Aero-M 

3. 3D Robotics Iris 

4. 3D Robotics Iris+ 

5. 3D Robotics X8 

6. 3DRobotics Fixed Wing

7. 3DRobotics Multirotor

8. 3DRobotics Quadrotor

9. 3DR Solo

10. 3DR Spektre

11. 3DRobotics Spektre Industrial Multi-Rotor Aerial Vehicle

12. 3D Robotics Solo

13. 3DRobotics X8+ 

14. 3D Robotics X8-M

15. 3D Robotics Y6

16. Aerial Mob Heavy Lifter

17. Aerial Mob Light Lifter 

18. Aerial Remote Mineral Detection System (ARMDS)

19. Aerialtronics Zenith with intergrated Airware system

20. Aerialtronics Altura Zenith ATX8

21. Aerigon

22. Aerobo

23. AeroCine Kopterworx Hammer X12

24. Aeromao AeroMapper 300 25. Aeromao Talon

26. Aeromao Aeromapper 300

27. Aeromao Aeromapper EV-2

28. AeroVironment Shrike 

29. AeroVironment Puma

30. Aeronavics X4 Titanium

31. Aeryon Sky Ranger

32. Aervonics Sky Jib frame with a DJI A2 flight system 

33. Aero-M

34. Aeryon Scout

35. Aeryon SkyRanger

36. AgEagle 

37. AgEagle Robotic

38. AgScout

39. AgScout Mini

40. Agribotix Hornet Drone

41. Agribotix Enduro Quad

42. AgriView VK Ranger EX
11

43. Aibot

44. Aibotix X-6 

45. Air Rover AR-3000

46. AirCover QR-425s

47. AirRobot AR 180

48. AirRobot AR 100

49. AirRobot AR200

50. Air-X

51. Align M690

52. Altavian Nova

53. Altavian Nova F6500 

54. Altavian Nova R8400 

55. Altus X-4

56. Altus X-8

57. American Drones, LLC Eagle 

58. Apprentice

59. Arch Aerial OCTO multi-rotor UAS

60. Arris hexacoper

61. AR-960 Hex Rotor

62. AR-540 Quad Rotor

63. ARF-MikroKopter OktoXL

64. ARF-MikroKopter OktoXL + 

65. ArrowLite

66. AscTec Falcon

67. AscTec Falcon 8

68. Astraeus Aerial Cinema System V.3CS

69. Atlantic RC Aircraft LC04

70. Auburn Trimble UX5

71. Auburn War Eagle

72. Auburn EasyStar

73. Auburn

74. AV44

75. Bixler 3DR Plane

76. Blade 350QX

77. Bixler 2 

78. Boomerang Carbon Fiber Frame (The Identified System) 

79. Bormatec Maja UAV

80. BOSH Technologies Super Swiper

81. Bumblebee-S

82.C-Astral Bramor gEO

83. CarbonCore Octocopter 1000

84. Carbon Core Cortex Quadcopter

85. CCO w/Wkm M 

86. Chameleon Pro
12

87. CinesStar 

88. Cinestar 6

89. Cinestar X8

90. Cinestar 8

91. Cinestar 8 HL

92. Cinestar 8 Okto XL 

93. Coaxial Quad Multirotor VAO1-V1

94. Coaxial Quad Multirotor VAO2-V2

95. CopelandRED LLC Delta Wing Aircraft

96. CyberQuad Maxi

97. DJI Flame Wheel F450

98. DJI Flame Wheel F550

99. DAx8

100. DJI Inspire

101. DJI Inspire 1

102. DJI Inspire 2

103. DJI M P330z 

104. DJI Phantom

105. DJI Phantom 1

106. DJI Phantom 2 

107. DJI Phantom 2+

108. DJI Phantom 2 Vision

109. DJI Phantom 2 Vision+ 

110. DJI Phantom Vision + 

111. DJI Phantom 3 

112. DJI Phantom FC40 

113. DJI Spreading Wings S900 

114. DJI Spreading Wings S1000 

115. DJI Spreading Wings S1000+

116. DJI S800

117. DJI S800 EVO

118. DJI T600

119. Draganflyer Guardian

120. Draganflyer X4ES

121. Draganflyer X4P

122. Draganflyer X6

123. DT-18 

124. DYS D800-X8

125. Eagle VTOL

126. Eagle V2

127.E-Flite Apprentice

128. Event 38 E384

129.F-450

130. Falcon VTOL
13

131. Fire Fly 6

132. First Aerial Responder UAV

133. Flame Wheel G4 7.8 Skycrane 

134. Flying-Cam 3.0 SARAH

135. Foxtech Kraken 130 V2

136. FreeFly Systems ALTA RTF

137. FreeFly Systems Octocopter Airframe (Legacy)

138. G4

139. G4 models

140. GeoStar 

141. GerMAP G220

142. GerMAP G180

143. goFarm GF-1 

144. Gryphon Dynamics X8 

145. GT80X 

146. Harris 18 HL

147. HEFF

148. Helicopters West DJI Inspire

149. Helicopters West SkyJib 8 

150. Helios 960

151. Hawkeye Mk-III 

152. HexaCrafter HC-1100 85.

153. HexaCrafter HO-1250

154. HH Blade 350QX2 AP

155. Hobbyking “Bixler” Fixed Wing Trainer

156. HoneyComb AgDrone

157. Horizon Hobby Blade 350 Qx2 quadcopter

158. Hoverfly LiveSky, BigSky 60 and H-Frame

159. Hubsan X4 micro drone 

160. HVP 14301 Multi Rotor

161. Identified System

162. IMT Global xFold Cinema

163. Indago

164. InovalDrone:Inova One

165. InstantEye Mk-2

166. InstantEye Mk-2 Gen2

167. Intuitive Aerial Aeragon

168. K130 Octocopter

169. KongCopter X8

170. Kopterworx Hammer X12

171. Latitude HQ-4 Hybrid Multirotor

172. LB700 

173. Leading Edge Precision Vision 10

174. Leptron Avenger
14

175. Lewis Realty Associates Hexacopter 650

176. Liberty 1

177. Lockheed Martin Desert Hawk III

178. Lockheed Martin Indago 

179. Matrix quad copter

180. MaxFlight

181. MD4-200

182. MD4-1000

183. Mikrokopter 2.5

184. MLB Company Super Bat

185. MU-1H 

186. Multirotor G4 7.8 Skycrane

187. Nighthawk

188. Nighthawk VTOL

189. OktoXL 6S12

190. PAG X4

191. Parksone Radian RTF

192. Parrot Bebop drone

193. Parrot PF 725100 Bebop Drone 14MP

194. Parrot Skycontroller

195. Patriot X4

196. Patriot X8

197. Finwing Penguin V2

198. Birdseyeview FireFly 6

199. Phoenix

200. Phoenix VTOL 

201. Phoenix 60

202. Phoenix 60LE

203. Pixhawk

204. Precision Drone Pacesetter 205. PrecisionHawk

206. PrecisionHawk Hawkeye Mk-III

207. PrecisionHawk Lancaster

208. Precision Lancaster MK3

209. Prioria Hex

210. Prioria’s Maveric

211. Pulse Aerospace, PA 01 Vapor

212. Pulse Aerospace Pulse Vapor 35 

213. Pulse Vapor

214. Puma AE DDL

215. PV 14817 Multi Rotor

216. PV HL1

217. PV HL2

218. Q1 
15

219. Quadcopter LLC MikroKopter 

220. Quiet UAV

221. Qube

222. R/C Rotors and Aerial Media: Matrix Prof. Multi Rotor Frame & Octo Heavy Lift Prof. 

Multi Rotor

223. Frame Ronin Edition Microdrones:MD4-1000

224. RCTimer Hexacopter

225. RDASS

226. REHawk 500

227. REHawk 680

228. RF-70

229. Riegl RiCopter

230. RITEWING Z3 Spade 47”

231. Ritewing Drake 60”

232. RITEWING Z3 Spade 70”

233. RITEWING Z4 Spade 52”

234. RMAX

235. Roboflight

236. Rotomotion SR-15 

237. RV Jet

238. Scout X4

239. SD02

240. Seahawk 1.2 

241. SelectTech Geospacial’s EH-4

242. SenseFly eBee 

243. SenseFly eBee RTK

244. SenseFly eXom

245. Sensurion Magpie MP-1

246. Service-Drone Recon One

247. Service-Drone Blackbird

248. SH 900

249. ShadowHawk 

250. Shrike 

251. Sirius 

252. SkyCatch

253. SkyJib 8 v.2 Heavy Lifter

254. SkyPhilly MI

255. Skywalker Aero

256. Skywalker Flying Wing X8

257. SnapRoll Media SUAS

258. Solutions Phoenix 30

259. SteadiDrone

260. Steadidrone Quad 

261. Steadydrone QU4D 
16

262. Steadidrone Mavik

263. SuperX/P2 Multirotor

264. Swift Radioplanes Lynx

265. Tali 500

266. Talon 120LE

267. Tarot FY690S Hexacopter

268. Tarot quadcopter

269. Tarot 680pro

270. Tarot 690 

271. Tarot 900

272. Tarot 960

273. Tarot T-15

274. Tarot T15 C/F Folding Octocopter

275. Tarot T18 UAV 

276. Tarot T690

277. Tarot T810 

278. Tarot T960

279. Tarsier Systems MoAC

280. Tayzu Robotics Titan X8

281. TBS Discovery Pro

282. Team Black Sheep Discovery Pro Tarot T15

283.T-Rex 700E F3C 

284. TREX 800E DFC PRO

285. Trimble UX5

286. Trimble UX5 hp

287. Trimble ZX5

288. Turningy Talon 500

289. TUP X8-800

290. Turbo Ace CINEWING 6

291. TurboAce Matrix-G quadcopter

292. Turbo Ace matrix-E

293. Turbo Ace MATRIX-1

294. UAV Solutions Phoenix 60

295. Universeye Penguin 

296. Unmanned Flying Rolling Orb “UFRO”

297. US2 GreenHawk 

298. UtiliCopter ITX8

299. VA03-v1 

300. VA04-v1 

301. VA07-v1

302. Viking UAS Multicopter (VTOL)

303. Viking UAS FF-X4/X8

304. VK-Patriot X4/X8

305. Viking UAS Patriot X4/X8 Multirotor
17

306. Viking UAS X6 Model 800

307. Viking UAS Viking ONE

308. VK-450

309. Viking Unmanned Aerial Systems, LLC AgriView VK Ranger EX 

310. Viking VK-FF-X4

311. VK- Ranger EX- SAR Fixed Wing UAS

312. Volantex Raptor Tarot T-18

313. Volt Aerial Robotics Octane

314. Vulcan frame controlled by a DJI A2 flight controller

315. Vulcan Mantis

316. Vulcan Octocopter

317. Vulcan Raven

318. Vulcan UAV 

319. Walkera TALI H500

320. Walkera Scout X4

321. Wookong DJI 5800 

322. xCel Drones XD550CDR

323. XFold Rig with four configurations: Quadcopter, Hexcopter, Octocopter and x12 

Copter

324. X8-M
1

Electronic Submission 

May 4, 2015

U.S. Department of Transportation, Docket Operations

West Building Ground Floor, Room W12-140

1200 New Jersey Avenue, SE

Washington, DC 20590

Dear Sir or Madam:

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

referred to as FMRA) and 14 CFR Part 11, Measure, a 32 Advisors Company, LLC 

(herein referred to as Measure) hereby applies for an exemption from the listed Federal 

Aviation Regulations (FARs) to allow commercial operation of UAS for the acquisition 

of aerial data, so long as such operations are conducted within and under the conditions 

outlined herein or as may be established by the FAA.

As detailed in this document and the attached Appendix of UAS, the requested exemption

would permit the operation of UAS under controlled conditions in the United States. 

Approval of this exemption would thereby enhance safety and fulfill the Secretary of 

Transportation’s responsibilities to “...establish requirements for the safe operation of 

such aircraft systems in the national airspace system.” Section 333(c) Reform Act.

The name and address of the applicant is:

Measure, a 32 Advisors Company, LLC

Brandon Torres Declet

CEO & Co-Founder

1875 Connecticut Avenue, NW

10th Floor

Washington, D.C. 20009

Tel: 202-793-3052

Email: bdeclet@measure32.com
2

Regulations from which the exemption is requested:

14 CFR Part 21

14 CFR 45.23(b)

14 CFR 61.113(a) & (b) 14 CFR 91.7(a)

14 CFR 91.9(b)(2)

14 CFR 91.103

14 CFR 91.109

14 CFR 91.119

14 CFR 91.121

14 CFR 91.151(a)

14 CFR 91.203(a) & (b) 14 CFR 91.405(a)

14 CFR 407(a)(1) 14 CFR 409(a)(2) 14 CFR 417(a) & (b)

AUTHORITY FOR EXEMPTIONS

The Federal Aviation Act expressly grants the FAA authority to issue exemptions. This 

statutory authority includes exempting civil aircraft, as the term is defined under §40101 

of the Act, including UAS, from the requirement that all civil aircraft must have a current 

airworthiness certificate.

The Administrator may grant an exemption from a requirement of a regulation prescribed 

under subsection (a) or (b) of this section or any sections §44702-44716 of this title if the 

Administrator finds the exemption in the public interest. 49 USC §44701(f). See also 49 

USC §44711(a); 49 USC §44704; 14 CFR 91.203(a)(1).

Section 333(b) of the Reform Act assists the Secretary in determining whether UAS may 

operate in the national airspace system without creating a hazard to the user, the public, 

or a threat to national security. In making this determination, the Secretary must consider:

• The UAS’ size, weight, speed and operational capability;

• Whether the UAS operates within the visual line of sight of the operator;

• Whether the UAS operates outside of highly populated areas and away from close 

proximity to airports.

Reform Act 333(a). If the Secretary determines that a UAS “may operate safely in the 

national airspace system, the Secretary shall establish requirements for the safe operation 

of such aircraft in the national airspace system.” Id. 333(c).
3

BACKGROUND ON MEASURE

Measure is one of the world’s leading Drone as a Service® companies. Measure provides 

turnkey solutions utilizing UAS to deliver specific, low risk, and cost effective actionable 

data to clients. Measure was founded specifically to help clients avoid the capital expense 

and operating risks of establishing their own drone programs and to purchase drone 

support in a way which better fits their operations and cost profiles.

Measure believes in a risk-based and technology agnostic approach to operations in the 

national airspace. Approval for any operation should be based on an analysis of the 

specific risks associated with the fully integrated solution, rather than the individual 

components. 

The Measure business model is predicated on identifying requirements, developing the 

business case, and demonstrating the Return on Investment (ROI) from UAS for 

enterprise clients in a number of industries. Drone as a Service® is a custom integrated 

solution made up of seven different components.

UAS AND OPERATIONAL DESCRIPTION

Measure seeks to commercially operate a variety of UAS weighing less than 55 pounds 

including payload in the United States for the purpose of acquiring aerial data. The 

Appendix attached to this exemption petition lists the aircraft that Measure contemplates 

operating. In addition, Measure requests that it be granted permission to operate those 

aircraft already approved in previous Section 333 exemption petitions.

As the operator of these aircraft, Measure is committed to the following conditions and 

limitations on its operations. Measure understands that failure to comply will be grounds 

for the immediate suspension or rescission any exemption granted.

1. Operations are limited to the UAS listed in the Appendix and those UAS 

previously approved by the Secretary when weighing less than 55 pounds 

including payload. 

2. Operations for the purpose of closed-set motion picture and television filming are 

not contemplated.

3. The aircraft will not be operated at a speed exceeding 87 knots (100 miles per 

hour). In no case will the aircraft be operated at airspeeds greater than the 

maximum aircraft operating airspeed recommended by the aircraft manufacturer.
4

4. The aircraft will be operated at an altitude of no more than 400 feet above ground 

level (AGL). Altitude must be reported in feet AGL.

5. The aircraft will be operated within visual line of sight (VLOS) of the Pilot in 

Command (PIC) at all times. This requires the PIC to be able to use human vision 

unaided by any device other than corrective lenses, as specified on the PIC’s U.S. 

driver’s license.

6. All operations will utilize a visual observer (VO). The aircraft will be operated 

within the visual line of sight (VLOS) of the PIC and VO at all times.

7. All operating documents needed to operate the UAS and will be accessible during 

UAS operations and made available to the Administrator upon request. The 

operator will also present updated and revised documents if it petitions for 

extension or amendment.

8. Any UAS that has undergone maintenance or alterations that affect the UAS 

operation or flight characteristics, e.g. replacement of a flight critical component, 

will undergo a functional test flight prior to conducting further operations.

9. Measure is responsible for maintaining and inspecting the UAS to ensure that it is 

in a condition for safe operation.

10. Prior to each flight, the PIC will conduct a pre-flight inspection and determine the 

UAS is in a condition for safe flight.

11. Measure will follow the UAS manufacturer’s maintenance, overhaul, 

replacement, inspection, and life limit requirements for the aircraft and aircraft 

components.

12. Each UAS operated under this exemption will comply with all manufacturer 

safety bulletins.

13. The PIC will hold a UAS flight training certificate, in some cases training directly 

from the aircraft manufacturer, and a valid U.S. driver’s license issued by a state, 

the District of Columbia, Puerto Rico, a territory, a possession, or the Federal 

government. 

14. Measure will not permit any PIC to operate unless the PIC demonstrates the 

ability to safely operate the UAS in a manner consistent with how the UAS will 

be operated to acquire aerial data, including evasive and emergency maneuvers 

and maintaining appropriate distances from persons, vessels, vehicles and

structures. PIC qualification flight hours and currency will be logged in a manner 
5

consistent with 14 CFR § 61.51(b). Measure will operate flights for the purposes 

of training Measure PICs and VOs (training, proficiency, and experiencebuilding) and determining the PIC’s ability to safely operate the UAS.

15. UAS operations will not be conducted during night, as defined in 14 CFR § 1.1. 

All operations will be conducted under visual meteorological conditions (VMC).

16. The aircraft will not operate within 5 nautical miles of an airport reference point 

(ARP) as denoted in the current FAA Airport/Facility Directory (AFD) or for 

airports not denoted with an ARP, the center of the airport symbol as denoted on 

the current FAA-published aeronautical chart, unless a letter of agreement with 

that airport’s management is obtained or otherwise permitted by a COA.

17. The aircraft will not be operated less than 500 feet below or less than 2,000 feet 

horizontally from a cloud or when visibility is less than 3 statute miles from the 

PIC.

18. If the UAS loses communications or loses its GPS signal, the aircraft will return 

to a pre-determined location.

19. The PIC will abort the flight in the event of unpredicted obstacles or emergencies.

20. The PIC will be prohibited from beginning a flight unless (considering wind and 

forecast weather conditions) there is enough available power or fuel for the 

aircraft to conduct the intended operation and to operate after that for at least five 

minutes or with the reserve power or fuel recommended by the manufacturer if 

greater.

21. All operations shall be conducted in accordance with an ATO-issued COA if the 

blanket COA does not cover the intended operation.

22. All aircraft operated will be identified by serial number, registered in accordance 

with 14 CFR part 47, and have identification (N−Number) markings in 

accordance with 14 CFR part 45, Subpart C. Markings will be as large as 

practicable.

23. Documents used by Measure to ensure the safe operation and flight of the UAS 

and any documents required under 14 CFR §§ 91.9 and 91.203 will be available 

to the PIC at the Ground Control Station of the UAS any time the aircraft is 

operating. 

24. The aircraft will remain clear and give way to all manned aviation operations and 

activities at all times.
6

25. The UAS may be operated by the PIC from a moving device or vehicle; however, 

specific requests will be made via subsequent COA.

26. All flight operations will be conducted at least 500 feet from all nonparticipating 

persons, vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating 

persons from the aircraft or debris in the event of an accident; or

b. The owner/controller/operator of any vessels, vehicles or structures has granted 

permission for operating closer to those objects and the PIC has made an

assessment of the risk of operating closer to those objects and determined that it 

does not present an undue hazard.

27. The PIC, VO, operator trainees or essential persons will not be considered 

nonparticipating persons under this exemption.

28. All operations conducted over private or controlled-access property will be 

conducted with the permission from the property owner/controller or authorized 

representative. Permission from property owner/controller or authorized 

representative will be obtained for each flight to be conducted.

29. Any incident, accident, or flight operation that transgresses the lateral or vertical 

boundaries of the operational area as defined by the applicable COA will be 

reported to the FAA's UAS Integration Office (AFS−80) within 24 hours. 

Accidents must be reported to the National Transportation Safety Board (NTSB) 

per instructions contained on the NTSB Web site: www.ntsb.gov.
7

DESCRIPTION OF SPECIFIC REGULATIONS 

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 and limited operating area 

associated with the aircraft to be utilized by Measure, 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 UAS. In all 

cases, an analysis of these criteria demonstrates that the 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 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 lightsport 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 will have no entrance to the cabin, 

cockpit or pilot station on which the word “Experimental” can be placed. Given the size 

of the UAS, 2 inch lettering may be impossible. Measure will mark the UAS 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).
8

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 Measure 

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 ability or place 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 to it.

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 Manuak and safety checklists. These actions will provide an 

equivalent level of safety.

14 CFR 91.109: Flight instruction

Section 91.103 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 (VMC) 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 
9

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 or 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-to-airmen.

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 500 feet 

AGL. In addition, the low-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(a): Fuel requirements for flight in VFR conditions

Section 91.151(a) outlines fuel requirements for beginning a flight in VFR conditions. 

Relief from Section 91.151(a)(1) 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 90 percent of remaining battery power or fuel reserves remain. Measure seeks the 

requested relief because without an exemption from Section 91.151(a)(1), the flight time 

duration of the selected aircraft will be reduced and severely constrain the practicality of 

any aerial acquisition of data that Measure proposes to conduct pursuant to this Petition.

The technical specifications of the proposed UAS, their Operations Manuals, and 

Measure’s proposed operating limitations, ensure that Measure will safely operate the 
10

selected aircraft during daylight hours in VFR conditions until 90 percent 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 Measure. Maintenance will be accomplished 

pursuant to the User Guide 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.

PUBLIC INTEREST

Approval of exemptions allowing commercial operations of UASs for aerial acquisition 

of data enhances safety while reducing risk. Manned aircraft in certain application such 

as pipeline monitoring create a greater risk because the aircraft are much larger and carry 

an onboard human pilot. In contrast, a UAS weighing 55 pounds or less will carry no 

passengers or crew and, therefore, will not expose them to the risks associated with 

manned aircraft flights. In addition, additional streams of aerial data will allow large 

commercial entities to make decisions about how to best deploy ground resources and 

ensure the safety and cost-effectiveness of their operations.
11

EQUIVALENT LEVEL OF SAFETY

Measure proposes that the exemption requested herein apply to civil aircraft that have the 

characteristics and that operate within the limitations listed herein. These limitations 

provide for at least an equivalent or even higher level of safety to operations under the 

current and proposed regulatory structure.

PRIVACY

All flights will occur over private or controlled access property with the property owner’s 

prior consent and knowledge. Images or video taken of individuals will have consented to 

being filmed or otherwise they will be made anonymous.

NATIONAL SECURITY

Given the small size of the UAS involved and the restricted environment within which 

they will operate, our petition presents no national security issue.

FEDERAL REGISTER SUMMARY

Docket No.: No. FAA-2015-____ 

Petitioner: Measure, a 32 Advisors Company, LLC

Part 21 and §§ 45.23(b), 61.113(a) and (b), 91.7(a), 91.9(b)(2), 91.103, 91.109, 91.119, 

91.121, 91.151(a), 91.203(a) and (b), 91.405(a), 407(a)(1), 409(a)(2), 417(a) and (b) of 

Title 14, Code of the Federal Regulations (14 CFR).

Description of Relief Sought: Measure is seeking an exemption to conduct commercial

acquisition of aerial data using unmanned aircraft systems.

Based upon the foregoing, Measure requests that the FAA grant it the necessary 

exemptions under Section 333 of the FAA Reform Act as requested herein to allow for 

commercial operations of UAS within the United States.

Sincerely,

Brandon Torres Declet

CEO & Co-Founder

Measure, a 32 Advisors Company, LLC

1875 Connecticut Avenue, NW

10th Floor

Washington, DC 20009
1

Electronic Submission 

June 8, 2015

U.S. Department of Transportation, Docket Operations

West Building Ground Floor, Room W12-140

1200 New Jersey Avenue, SE

Washington, DC 20590

Dear Sir or Madam:

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

referred to as FMRA) and 14 CFR Part 11, Measure, a 32 Advisors Company, LLC 

(herein referred to as Measure) hereby applies for an exemption from the listed Federal 

Aviation Regulations (FARs) to allow commercial operation of UAS for the acquisition 

of aerial data, so long as such operations are conducted within and under the conditions 

outlined herein or as may be established by the FAA.

As detailed in this document and the attached Appendix of UAS, the requested exemption

would permit the operation of UAS platforms previously approved by the FAA for 

commercial operations in the United States. Approval of this exemption would thereby 

enhance safety and fulfill the Secretary of Transportation’s responsibilities to “...establish 

requirements for the safe operation of such aircraft systems in the national airspace 

system.” Section 333(c) Reform Act.

The name and address of the applicant is:

Measure, a 32 Advisors Company, LLC

Brandon Torres Declet

CEO & Co-Founder

1875 Connecticut Avenue, NW

10th Floor

Washington, D.C. 20009

Tel: 202-793-3052

Email: bdeclet@measure32.com
2

Regulations from which the exemption is requested:

14 CFR Part 21

14 CFR 45.23(b)

14 CFR 61.113(a) & (b) 14 CFR 91.7(a)

14 CFR 91.9(b)(2)

14 CFR 91.103

14 CFR 91.109

14 CFR 91.119

14 CFR 91.121

14 CFR 91.151(a)

14 CFR 91.203(a) & (b) 14 CFR 91.405(a)

14 CFR 407(a)(1) 14 CFR 409(a)(2) 14 CFR 417(a) & (b)

AUTHORITY FOR EXEMPTIONS

The Federal Aviation Act expressly grants the FAA authority to issue exemptions. This 

statutory authority includes exempting civil aircraft, as the term is defined under §40101 

of the Act, including UAS, from the requirement that all civil aircraft must have a current 

airworthiness certificate.

The Administrator may grant an exemption from a requirement of a regulation prescribed 

under subsection (a) or (b) of this section or any sections §44702-44716 of this title if the 

Administrator finds the exemption in the public interest. 49 USC §44701(f). See also 49 

USC §44711(a); 49 USC §44704; 14 CFR 91.203(a)(1).

Section 333(b) of the Reform Act assists the Secretary in determining whether UAS may 

operate in the national airspace system without creating a hazard to the user, the public, 

or a threat to national security. In making this determination, the Secretary must consider:

• The UAS’ size, weight, speed and operational capability;

• Whether the UAS operates within the visual line of sight of the operator;

• Whether the UAS operates outside of highly populated areas and away from close 

proximity to airports.

Reform Act 333(a). If the Secretary determines that a UAS “may operate safely in the 

national airspace system, the Secretary shall establish requirements for the safe operation 

of such aircraft in the national airspace system.” Id. 333(c).
3

BACKGROUND ON MEASURE

Measure is one of the world’s leading Drone as a Service® companies. Measure provides 

turnkey solutions utilizing UAS to deliver specific, low risk, and cost effective actionable 

data to clients. Measure was founded specifically to help clients avoid the capital expense 

and operating risks of establishing their own drone programs and to purchase drone 

support in a way which better fits their operations and cost profiles.

Measure believes in a risk-based and technology agnostic approach to operations in the 

national airspace. Approval for any operation should be based on an analysis of the 

specific risks associated with the fully integrated solution, rather than the individual 

components. 

The Measure business model is predicated on identifying requirements, developing the 

business case, and demonstrating the Return on Investment (ROI) from UAS for 

enterprise clients in a number of industries. Drone as a Service® is a custom integrated 

solution made up of seven different components.

UAS AND OPERATIONAL DESCRIPTION

Measure seeks to commercially operate a variety of UAS weighing less than 55 pounds 

including payload in the United States for the purpose of acquiring aerial data. The 

Appendix attached to this exemption petition lists the aircraft that Measure contemplates 

operating. In prior, similar exemptions the Secretary has approved every UAS platform 

included in the Appendix.

As the operator of these aircraft, Measure is committed to the following conditions and 

limitations on its operations. Measure understands that failure to comply will be grounds 

for the immediate suspension or rescission any exemption granted.

1. Operations are limited to the UAS listed in the Appendix when weighing less than 

55 pounds including payload. 

2. Operations for the purpose of closed-set motion picture and television filming are 

not contemplated.

3. The aircraft will not be operated at a speed exceeding 87 knots (100 miles per 

hour). In no case will the aircraft be operated at airspeeds greater than the 

maximum aircraft operating airspeed recommended by the aircraft manufacturer.
4

4. The aircraft will be operated at an altitude of no more than 400 feet above ground 

level (AGL). Altitude must be reported in feet AGL.

5. The aircraft will be operated within visual line of sight (VLOS) of the Pilot in 

Command (PIC) at all times. This requires the PIC to be able to use human vision 

unaided by any device other than corrective lenses, as specified on the PIC’s U.S. 

driver’s license.

6. All operations will utilize a visual observer (VO). The aircraft will be operated 

within the visual line of sight (VLOS) of the PIC and VO at all times.

7. All operating documents needed to operate the UAS and will be accessible during 

UAS operations and made available to the Administrator upon request. The 

operator will also present updated and revised documents if it petitions for 

extension or amendment.

8. Any UAS that has undergone maintenance or alterations that affect the UAS 

operation or flight characteristics, e.g. replacement of a flight critical component, 

will undergo a functional test flight prior to conducting further operations.

9. Measure is responsible for maintaining and inspecting the UAS to ensure that it is 

in a condition for safe operation.

10. Prior to each flight, the PIC will conduct a pre-flight inspection and determine the 

UAS is in a condition for safe flight.

11. Measure will follow the UAS manufacturer’s maintenance, overhaul, replacement, 

inspection, and life limit requirements for the aircraft and aircraft components.

12. Each UAS operated under this exemption will comply with all manufacturer 

safety bulletins.

13. The PIC will hold a UAS flight training certificate, in some cases training directly 

from the aircraft manufacturer, and a valid U.S. driver’s license issued by a state, 

the District of Columbia, Puerto Rico, a territory, a possession, or the Federal 

government. 

14. Measure will not permit any PIC to operate unless the PIC demonstrates the 

ability to safely operate the UAS in a manner consistent with how the UAS will 

be operated to acquire aerial data, including evasive and emergency maneuvers 

and maintaining appropriate distances from persons, vessels, vehicles and 

structures. PIC qualification flight hours and currency will be logged in a manner 

consistent with 14 CFR § 61.51(b). Measure will operate flights for the purposes 
5

of training Measure PICs and VOs (training, proficiency, and experiencebuilding) and determining the PIC’s ability to safely operate the UAS.

15. UAS operations will not be conducted during night, as defined in 14 CFR § 1.1. 

All operations will be conducted under visual meteorological conditions (VMC).

16. The aircraft will not operate within 5 nautical miles of an airport reference point 

(ARP) as denoted in the current FAA Airport/Facility Directory (AFD) or for 

airports not denoted with an ARP, the center of the airport symbol as denoted on 

the current FAA-published aeronautical chart, unless a letter of agreement with 

that airport’s management is obtained or otherwise permitted by a COA.

17. The aircraft will not be operated less than 500 feet below or less than 2,000 feet 

horizontally from a cloud or when visibility is less than 3 statute miles from the 

PIC.

18. If the UAS loses communications or loses its GPS signal, the aircraft will return 

to a pre-determined location.

19. The PIC will abort the flight in the event of unpredicted obstacles or emergencies.

20. The PIC will be prohibited from beginning a flight unless (considering wind and 

forecast weather conditions) there is enough available power or fuel for the 

aircraft to conduct the intended operation and to operate after that for at least five 

minutes or with the reserve power or fuel recommended by the manufacturer if 

greater.

21. All operations shall be conducted in accordance with an ATO-issued COA if the 

blanket COA does not cover the intended operation.

22. All aircraft operated will be identified by serial number, registered in accordance 

with 14 CFR part 47, and have identification (N−Number) markings in 

accordance with 14 CFR part 45, Subpart C. Markings will be as large as 

practicable.

23. Documents used by Measure to ensure the safe operation and flight of the UAS 

and any documents required under 14 CFR §§ 91.9 and 91.203 will be available 

to the PIC at the Ground Control Station of the UAS any time the aircraft is 

operating. 

24. The aircraft will remain clear and give way to all manned aviation operations and 

activities at all times.
6

25. The UAS may be operated by the PIC from a moving device or vehicle; however, 

specific requests will be made via subsequent COA.

26. All flight operations will be conducted at least 500 feet from all nonparticipating 

persons, vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating 

persons from the aircraft or debris in the event of an accident; or

b. The owner/controller/operator of any vessels, vehicles or structures has granted 

permission for operating closer to those objects and the PIC has made an

assessment of the risk of operating closer to those objects and determined that it 

does not present an undue hazard.

27. The PIC, VO, operator trainees or essential persons will not be considered 

nonparticipating persons under this exemption.

28. All operations conducted over private or controlled-access property will be 

conducted with the permission from the property owner/controller or authorized 

representative. Permission from property owner/controller or authorized 

representative will be obtained for each flight to be conducted.

29. Any incident, accident, or flight operation that transgresses the lateral or vertical 

boundaries of the operational area as defined by the applicable COA will be 

reported to the FAA's UAS Integration Office (AFS−80) within 24 hours. 

Accidents must be reported to the National Transportation Safety Board (NTSB) 

per instructions contained on the NTSB Web site: www.ntsb.gov.
7

DESCRIPTION OF SPECIFIC REGULATIONS 

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 and limited operating area 

associated with the aircraft to be utilized by Measure, 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 UAS. In all 

cases, an analysis of these criteria demonstrates that the 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 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 lightsport 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 will have no entrance to the cabin, 

cockpit or pilot station on which the word “Experimental” can be placed. Given the size 

of the UAS, 2 inch lettering may be impossible. Measure will mark the UAS 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).
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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 Measure 

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 ability or place 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 to it.

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 Manual and safety checklists. These actions will provide an 

equivalent level of safety.

14 CFR 91.109: Flight instruction

Section 91.103 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 (VMC) only.
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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 or 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-to-airmen.

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 500 feet 

AGL. In addition, the low-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(a): Fuel requirements for flight in VFR conditions

Section 91.151(a) outlines fuel requirements for beginning a flight in VFR conditions. 

Relief from Section 91.151(a)(1) 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 90 percent of remaining battery power or fuel reserves remain. Measure seeks the 

requested relief because without an exemption from Section 91.151(a)(1), the flight time 

duration of the selected aircraft will be reduced and severely constrain the practicality of 

any aerial acquisition of data that Measure proposes to conduct pursuant to this Petition.
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The technical specifications of the proposed UAS, their Operations Manuals, and 

Measure’s proposed operating limitations, ensure that Measure will safely operate the 

selected aircraft during daylight hours in VFR conditions until 90 percent 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 Measure. Maintenance will be accomplished 

pursuant to the User Guide 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.

PUBLIC INTEREST

Approval of exemptions allowing commercial operations of UASs for aerial acquisition 

of data enhances safety while reducing risk. Manned aircraft in certain application such 

as pipeline monitoring create a greater risk because the aircraft are much larger and carry 

an onboard human pilot. In contrast, a UAS weighing 55 pounds or less will carry no 

passengers or crew and, therefore, will not expose them to the risks associated with 

manned aircraft flights. In addition, additional streams of aerial data will allow large 

commercial entities to make decisions about how to best deploy ground resources and 

ensure the safety and cost-effectiveness of their operations.
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EQUIVALENT LEVEL OF SAFETY

Measure proposes that the exemption requested herein apply to civil aircraft that have the 

characteristics and that operate within the limitations listed herein. These limitations 

provide for at least an equivalent or even higher level of safety to operations under the 

current and proposed regulatory structure.

PRIVACY

All flights will occur over private or controlled access property with the property owner’s 

prior consent and knowledge. Images or video taken of individuals will have consented to 

being filmed or otherwise they will be made anonymous.

NATIONAL SECURITY

Given the small size of the UAS involved and the restricted environment within which 

they will operate, our petition presents no national security issue.

FEDERAL REGISTER SUMMARY

Docket No.: No. FAA-2015-____ 

Petitioner: Measure, a 32 Advisors Company, LLC

Part 21 and §§ 45.23(b), 61.113(a) and (b), 91.7(a), 91.9(b)(2), 91.103, 91.109, 91.119, 

91.121, 91.151(a), 91.203(a) and (b), 91.405(a), 407(a)(1), 409(a)(2), 417(a) and (b) of 

Title 14, Code of the Federal Regulations (14 CFR).

Description of Relief Sought: Measure is seeking an exemption to conduct commercial 

acquisition of aerial data using unmanned aircraft systems.

Based upon the foregoing, Measure requests that the FAA grant it the necessary 

exemptions under Section 333 of the FAA Reform Act as requested herein to allow for 

commercial operations of UAS within the United States.

Sincerely,

Brandon Torres Declet

CEO & Co-Founder

Measure, a 32 Advisors Company, LLC

1875 Connecticut Avenue, NW

10th Floor

Washington, DC 20009