January 17, 2016

U.S. Department of Transportation
Docket Operations
1200 New Jersey Ave., SE Washington, DC 20590

Dear Sir/Madam

Pursuant to Section 333 of Public Law 112-95, Waterlust LLC hereby
applies for authorization to conduct commercial unmanned aerial systems (UAS) operations within the United States National Airspace
(NAS) for the purpose of Education, Research, UAS platform
development, aerial photography and videography.

Federal Register Summary

Pursuant to 14 CFR §11.81, the following summary is provided for publication in the Federal Register if needed.

Waterlust LLC. seeks exemption from 14 CFR Part 21, Subpart H; 14 CFR Part 27; 14 CFR 45.23(b); 14 CFR 61.113(a)(b); 14 CFR 91.7(a); 14 CFR 91.9(b)(2)(c); 14 CFR 91.103; 14 CFR 91.109(a); 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 91.407(a)(1); CFR 91.409(a)(1) and (a)(2); 14 CFR 91.417(a)(b) to allow commercial employment of Unmanned Aerial Systems (UAS) in support of education, research, UAS platform development, aerial photography and videography in the field of marine science. This exemption will enhance safety by reducing risk to the general public and property owners from the substantial hazards associated with performing equivalent work with conventional aircraft
and rotorcraft. Patrick Rynne, PhD

617-529-8165 patrick@waterlust.org

3203 Mary Street Apt. 3
Miami, FL

33133 

# WATERLUST LLCThe Name and address of the applicant/operator is:

Dr. Patrick F. Rynne

Waterlust LLC

3203 Mary Street, Apt. 3

Miami, FL, 33133

patrick@waterlust.org

617-529-8165Introduction and Interest of the Petitioner

The use of small unmanned aerial systems (sUAS) in documenting marine science through film and photography has enabled the growth

of scientific communication and outreach in this field. These devices are used regularly to reduce costs and increase safety while documenting field research, while also providing researchers imagery above a study site that can be used to remotely measure physical characteristics of a system (e.g. topography, bathymetry) and kinematic behavior of water (e.g. detection of wave breaking, flow velocity, dispersion and advection of material) [1]. sUAS provide several benefits as compared to conventional aerial platform methods including reduced costs, reduced risk to human pilots and their passengers, reduced wildlife disturbance, and improved observations. Waterlust LLC is developing a UAS program to 1) support ocean scientists who seek to use sUAS in their research, 2) to document marine science and ocean engineering topics through film and photography 3) to conduct sUAS-based research in the field of marine science and ocean engineering, 4) to further the development of sUAS platforms for use in the marine environment. The nature of this work requires sUAS operations predominantly in remote coastal areas, away from human activities and often over water.Overview of Proposed UAS

Qualification for Approval Under Section 333 of the Reform Act

The proposed operations would permit the use of small Unmanned Aerial Systems (UAS) in airspace that is: (1) limited; (2) predetermined; (3) away from populated areas; (4) would provide an increased level of safety as compared to existing fixed or rotor wing aircraft when used for the same purpose.

The UAS planned to be operated are rotorcraft, each weighing less than 10 lbs, and always less than 55 lbs., including payload. They would operate, under normal conditions, at a speed of no more than 40 knots. Operations will be performed by a qualified UAS Pilot in Command (PIC), as outlined below. 3DR X8 3DR Solo

Aircraft Type Multirotor (8) Multirotor (4)

Aircraft Weight 2.56 lbs. (5.6 kg) 3.3 lbs. (1.5 kg)

Max Takeo ffWeight 7.7 lbs. (3.5 kg) 3.9 lbs. (1.8 kg)

Dimensions 13.7 in x 20.1 in x 11.8 in (35 cm x 51 cm x 30 cm) 10 in x 18 in x 9.2 in (25 cm x 46 cm 23 cm)

Max Flight Time 15 minutes 20 minutes

Max Airspeed 55 mph (89 km/h) 55 mph (89 km/h)

Propulsion 800 kV brushless motors 880 kV brushless motors

Power Source Lithium polymer 6000
mAh 14.8 Vdc Lithium polymer 5200
mAh 14.8 Vdc

Payload Digital Compact Camera Digital Compact Camera

Airframe Material Aluminium Injected Molded Plastic1. Operations authorized by this grant of exemption are limited to the following craft: 3DR X8, 3DR Solo

.

2. UA (aircraft and payload) will weigh less than 55lbs.

3. UA will be operated at altitudes not greater than 400 feet AGL Altitudes reported to ATC will be in feet AGL.

4. UA will be flown at ground speeds not greater than 4 0 knots.

5. The UAS PIC will hold either an airline transport, commercial, private, recreational or sport pilot certificate. The PIC will 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 will also meet the recent flight experience requirement stated in 14 CFR § 61.57 and flight review requirements stated in 14 CFR § 61.56.

6. In addition to holding an FAA issued airman certificate, UAS PIC will also complete UAS training from Waterlust LLC and the UAS manufacturer (3D Robotics Inc). This training will include detailed review of the operating capabilities of the X8 and Solo UAS and their subsystems. Each PIC will train in a controlled environment to develop the abilities required for the operations described under this exemption. PIC qualification will have a currency requirement of at least ten take-offs and landings within the preceding 90 days. PIC qualification flight hours will be logged in a manner consistent with 14 CFR §
61.51.

7. UA will not be operated within 5 nautical miles (NM) of an airport reference point (ARP).8. UAS flights will operate within visibility and cloud clearance requirements equivalent to Visual Flight Rules (VFR).

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

10. UA flights over land will not be operated by the PIC from any moving vehicle or device. UA flights conducted entirely over water may be operated from a suitable vessel.

11

. UA will not be operated from a raised platform.

12. The UA will remain clear of and yield right of way to manned aviation operations.

13. UA will be operated within visual line of sight (VLOS) of the PIC at all times. The PIC will use human vision unaided by device other than corrective lenses as specified on PIC’s FAA medical
certificate or drivers license.

14. UAS operations will employ a visual observer (VO). The VO may be used to satisfy the VLOS requirement as long as the PIC maintains VLOS capability. The VO and PIC must be able to communicate verbally for the duration of the flight. Electronic messaging or texting is not allowed during flight operations.

15. The VO will perform no duties other than assisting the PIC see and avoid other aircraft, obstacles, persons or property.

16. UAS will be equipped with an autopilot system. The UAS will utilize GPS navigation, failsafe’s, return-to-home (RTH) and flight abort safety features.17. Prior to each flight the PIC will inspect the UAS to ensure it is in a condition for safe flight. Checklists developed from manufacturer operating documents will be the basis for this inspection. If the inspection reveals a condition that affects safe operation of the UAS, the aircraft is prohibited from operating until necessary maintenance has been performed and the UAS is found to be in a safe condition for flight. The Ground Control Station must be included in the preflight inspection.

18. All UAS operations will be conducted over remote and sparsely populated property or over open waters. Permission for flight will be obtained in advance from property owners or controlling agency. A Ground Station will be connected, by radio communication, to the UAS during the entire flight, which will give the PIC flight information such as GPS Position, Altitude, Air speed, Battery Remaining, and other telemetry information.

19. Flight boundaries will be established for each flight and such boundaries will be designed such that the UA will pass no closer than 500 feet from nonparticipating persons, vehicles or

structures.

20. If the UAS loses communications or loses GPS signal, the UA will return to a predetermined location within the established flight boundary and land or be recovered in accordance with manufacturer operations documents.

21. The PIC will abort any flight in the event of unpredicted obstacles, occurrence of adverse weather or loss of UAS flight control capability in accordance with manufacturer operations
documents.

22. The PIC is prohibited from beginning a flight unless (considering wind and forecast conditions) there is enough power to fly the planned route to the intended landing point and land the UAS with 25% of battery capacity remaining.23. Documents required by 14 CFR § 91.9 and 91.203 will be
available to the PIC at the Ground Control Station of the UAS whenever the aircraft is operating. These documents will be made available to the Administrator or any law enforcement official upon request.

24. Before conducting flight operations, the radio frequency spectrum used for operation and control of the UA must comply with Federal Communications Commission (FCC) or other appropriate government oversight agency requirements.

25. A Flight Operations and Maintenance Log will be maintained for each UAS. Cumulative flight hours, maintenance activities, repairs, alterations and inspections will be noted.

26. Any UAS maintenance or alterations that affect UAS operation or flight characteristics, e.g. replacement of a flight critical component, must undergo a functional test flight. The PIC who conducts the functional test flight must make an entry in the Flight Operations and Maintenance Log.

Specific Sections of 14 CFR from which Petitioner seeks Exemption or Relief

14 CFR Part 21, Subpart H – Airworthiness Certificates and 14 CFR § 91.203(a)(1)

The FAA has stated that no exemption is needed from this section if a finding is made under Part 11 and Section 333 of the Reform Act that the UAS selected provides an equivalent level of safety when compared to civil aircraft normally used for the same application. The petitioner submits that given the small size of the UAS, the limited operating areas and procedures defined within the training andoperations section of the petition, an equivalent level of safety is obtained and exemption is not required (see Grant of Exemption to Astraeus Aerial, Docket No. FAA-2014-0352). If however, the FAA
determines that there are some characteristics of the chosen UAS that fail to meet the requirements of the Reform Act, an exemption is requested.

14 CFR Part 27 – Airworthiness Standards: Normal Category
Rotorcraft

14 CFR Part 27 sets forth the procedural requirements for airworthiness certification of normal category rotorcraft. To the extent petitioner’s UAS would otherwise require certification under Part 27, petitioner seeks exemption for the same reasons identified in the request for exemption from 14 CFR Part 21, Subpart H.

14 CFR § 45.23 (a)(b) and 91.9 (c) – Marking of the Aircraft

Regulation 45.23 provides: (a) Each operator of an aircraft must display on that aircraft marks consisting of the Roman capital letter “N” (denoting United States registration) followed by the registration number of the aircraft. Each suffix letter used in the marks displayed must also be a Roman capital letter. (b) When marks include only the Roman capital letter “N” and the registration number is displayed on limited, restricted or light-sport category aircraft or experimental or provisionally certificated aircraft, the operator must also display on that aircraft near each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor more than 6 inches high, the words “limited,” “restricted,” “light-sport,” “experimental,” or “provisional,” as applicable.

Regulation 91.9 (c) provides: No person may operate a U.S.- registered civil aircraft unless that aircraft is identified in accordance with part 45 of this chapter.The UAS has no entrance to the cabin, cockpit or pilot station onwhich markings can be placed. Given the small size of the UAS, twoinch lettering will not be possible. In a previous Grant of Exemption, the FAA determined that exemption from these requirements was warranted provided that the aircraft “have identification (N-Number) markings in accordance with 14 CFR Part 45, Subpart C if the markings are as large as practicable.” The petitioner additionally proposes to place all required markings, placards, flight envelope restrictions, cautionary notices in an easily visible location at the UAS Ground Control Station. The FAA has issued several exemptions to this regulation: see Exemptions Nos. 8738, 10167, 10167A and
10700.

14 CFR § 91.9(b)(2) – Aircraft Flight Manual in the Aircraft

Regulation 91.9 stipulates (b) No person may operate a U.S.- registered civil aircraft— (2) For which an Airplane or Rotorcraft Flight Manual is not required by §21.5 of this chapter, unless there is available in the aircraft a current approved Airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any
combination thereof.

Given the size of the UAS, they have no place or ability to carry a flight manual aboard the aircraft. An equivalent level of safety will be achieved by keeping the flight manual at the Ground Control Station where the pilot operating the UAS will have immediate access to it. The FAA has issued several exemptions to this regulation: see Exemptions Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 10167, 10602, 32827 and 10700.

14 CFR § 61.113 (a)(b) and 61.133(a)(i)(ii) – Private and Commercial Pilot Privilege and Limitations

Regulation 61.113 stipulates (a) Except as provided in paragraphs (b) through (h) of this section, no person who holds a private pilot certificate may act as pilot in command of an aircraft that is carryingpassengers or property for compensation or hire; nor may that person, for compensation or hire, act as pilot in command of an
aircraft.

(b) A private pilot may, for compensation or hire, act as pilot in command of an aircraft in connection with any business or employment if: (1) The flight is only incidental to that business or employment; and (2) The aircraft does not carry passengers or property for compensation or hire.

Regulation 61.133 stipulates (a) Privileges—(1) General. A person who holds a commercial pilot certificate may act as pilot in command of an
aircraft— (i) Carrying persons or property for compensation or hire, provided the person is qualified in accordance with this part and with the applicable parts of this chapter that apply to the operation; and (ii) For compensation or hire, provided the person is qualified in accordance with this part and with the applicable parts of this chapter that apply to the operation.

Unlike a conventional aircraft that carry pilot, passengers and cargo, the proposed UAS are remotely controlled and carry no persons or cargo. The UAS are capable of a high degree of flight automation and employ technical capabilities that limit the potential for operation in an unintended manner. It is the petitioner’s belief that given the size, weight, speed, operating environment and operating capabilities of the UAS, an equivalent level of safety may be obtained by stipulating the UAS 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 Colombia, 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. The FAA has issued several exemptions to this regulation: see Exemptions Nos. 11284, 11281, 11282 and 11296.14 CFR § 91.7(a) – Civil Aircraft Airworthiness

Regulation 91.7 stipulates (a) No person may operate a civil aircraft unless it is in an airworthy condition.

Should this exemption be granted allowing commercial operation of UAS without an airworthiness certificate, no FAA regulatory standard will exist for airworthiness of the UAS. An equivalent level of safety will be obtained by ensuring compliance with UAS operator and maintenance manuals and safety checklists prior to each flight.

14 CFR § 91.121 – Altimeter Settings

Regulation 91.121 requires that (a) Each person operating an aircraft shall maintain the cruising altitude or flight level of that aircraft, as the case may be, by reference to an altimeter that is set, when operating — (1) Below 18,000 feet MSL, to— (i) The current reported altimeter setting of a station along the route and within 100 nautical miles of the aircraft; (ii) If there is no station within the area prescribed in paragraph (a)(1)(i) of this section, the current reported altimeter setting of an appropriate available station; or (iii) In the case of an aircraft not equipped with a radio, the elevation of the departure airport or an appropriate altimeter setting available before departure.

Conventional aircraft are provided altitude data by a barometric altimeter that is most commonly set to a local barometric pressure and therefore reports altitude relative to MSL (Mean Sea Level). UAS operations are restricted to altitudes no greater than 200 feet AGL (Above Ground Level). For those UAS with a barometric sensor, greater utility and an equivalent level of safety will be obtained by setting the altimeter to read “zero altitude” when the UAS is on the ground prior to takeoff thus providing an AGL altitude readout. If no barometric sensor is aboard the UAS, a GPS derived altitude similarly set to zero at the takeoff point will provide an equivalent level of safety. The FAA has issued several exemptions to this regulation: see Exemptions Nos. 11066, 11065, 11062 and 11063.14 CFR § 91.151 – Fuel Requirements for Flight in VFR
Conditions

Regulation 91.151 stipulates that (a) No person may begin a flight in an airplane under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing and, assuming normal cruising speed—(1) During the day, to fly after that for at least 30 minutes; or (2) At night, to fly after that for at least 45 minutes. (b) No person may begin a flight in a rotorcraft under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing and, assuming normal cruising speed, to fly after
that for at least 20 minutes.

This regulation is written based on the capabilities of traditional civil aircraft which typically have flight times with full fuel of several hours. For the majority of UAS which have flight times of an hour, or much less, this regulation would effectively deny an ability for the UAS to operate. The petitioner submits that an equivalent level of safety will be obtained by requiring that no UAS flight will begin unless (considering wind and forecast conditions) there is enough fuel (battery) to fly the planned route to the first point of intended landing and land with 25% of battery capacity in reserve. This restriction would be more than adequate to return the sUAS to its planned landing zone from anywhere in its limited operating area.

The FAA has issued several exemptions to this regulation: see Exemptions Nos. 2689F, 5745, 10673 and 10808.

14 CFR § 91.405(a), 91.407(a)(1), 91.409(a)(2), 91.417(a) and (b) – Maintenance Inspections

Regulation 91.405(a) requires 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 asprescribed in Part 43 of this chapter...” Regulation 91.407(a)(1) similarly makes reference to requirements in Part 43. Regulation 91.409(a)(2) requires an annual inspection for the issuance of an airworthiness certificate. Regulation 91.417(a) and (b) requires the owner or operator to keep records showing certain maintenance work that has been accomplished by certificated mechanics, under Part 43, or licensed pilots and records of approval of the aircraft for return to
service.

Exemption from these regulations is needed because Part 43 and these sections apply only to aircraft with an airworthiness certificate. An equivalent level of safety will be obtained by requirement that each UAS will have a flight and maintenance log. Maintenance and inspections will be accomplished in accordance with manufacturer recommendations. The FAA has issued several exemptions to this regulation: see Exemptions Nos. 11066, 11062, 11067A and 11065.

14 CFR § 91.103 – Preflight Action

Regulation 91.103 stipulates Each pilot in command shall, before beginning a flight, become familiar with all available information concerning that flight. This information must include—(a) For a flight under IFR or a flight not in the vicinity of an airport, weather reports and forecasts, fuel requirements, alternatives available if the planned flight cannot be completed, and any known traffic delays of which the pilot in command has been advised by ATC; (b) For any flight, runway lengths at airports of intended use, and the following takeoff and landing distance information: (1) For civil aircraft for which an approved Airplane or Rotorcraft Flight Manual containing takeoff and landing distance data is required, the takeoff and landing distance data contained therein; and

(2) For civil aircraft other than those specified in paragraph (b)(1) of this section, other reliable information appropriate to the aircraft, relating to aircraft performance under expected values of airport elevation and runway slope, aircraft gross weight, and wind and temperature.The petitioner seeks exemption to the extent that an FAA-approved Flight Manual is required. An equivalent level of safety will be provided by following the Operations Manual provided by the manufacturer. Additionally, the PIC will conduct preflight actions, to include performing all required checklists, reviewing weather, flight requirements, battery charge, landing and takeoff distance, aircraft performance data, and contingency landing areas, before initiation of flight.

14 CFR § 91.109 – Flight Instruction

Regulation 91.109 stipulates, in part, that (a) 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.

UAS by their design do not have fully functional dual controls. Flight control is accomplished through the use of a control interface that communicates with the aircraft via radio. Given the size, speed and limited operational parameters of the UAS, an equivalent level of safe training can be performed without dual controls. The FAA has issued several exemptions to this regulation: see Exemptions Nos. 11066, 11062, 11067A and 11065.

14 CFR § 91.119 – Minimum Safe Altitudes

Regulation 91.119 stipulates, in part, that, Except when necessary for takeoff or landing, no person may operate an aircraft below the following altitudes: (a) Anywhere. An altitude allowing, if a power unit fails, an emergency landing without undue hazard to persons or property on the surface. (b) Over congested areas. Over any congested area of a city, town, or settlement, or over any open air assembly of persons, an altitude of 1,000 feet above the highest obstacle within a horizontal radius of 2,000 feet of the aircraft. (c) Over other than congested areas. An altitude of 500 feet above the surface, except over open water or sparsely populated areas. In those cases, the aircraft may not beoperated closer than 500 feet to any person, vessel, vehicle, or

structure.

An exemption to 91.119(c) is required because UAS operations will be conducted at altitudes no greater than 200 feet above the surface. The size, speed, weight and limited operational parameters of the UAS allow for an equivalent level of safety.

Why Granting this Petition is in the Public Interest

The requested exemption would authorize Waterlust LLC to perform commercial operations with sUAS that will provide significant benefits to the public interest. These benefits include:

1. The commercial use of sUAS to document marine research through film and photography in an effort to increase public awareness of global environmental concerns and increase public engagement [2]. The ability to improve society through publicly funded scientific research relies on the researchers ability to communicate their findings to the general public. The
use of sUAS enables the documentation of work in the marine environment for educational purposes that

would otherwise not be accessible.

2. The commercial use of sUAS to perform marine science and engineering research activities at Waterlust LLC in support of governmental entities, private research institutions, scientific and engineering studies are all critical to the well-being of the general public. Theseinclude for example: rapid bathymetric mapping of the coastal environment, measurement of effluent boundaries near tidal inlets, and determination of spatial and temporal mixing scales from tracer studies using aerial orthophotos [1].

3. The use of sUAS will decrease congestion in the National Airspace System along with reducing the noise and air pollution generated during traditional manned aircraft flight operations.

4. The use of sUAS to collect scientific data reduces the risk of personnel that would otherwise use conventional methods. For example, bathymetric surveying of the nearshore environment including the surf zone requires a manned aerial vehicle, terrestrial vehicle or walking surveyor to transit across unstable/unsafe terrain.

5. Operation of sUAS will substantially reduce the risk to life and property in the air, and on the ground, as compared to conventional manned aircraft flight operations required to accomplish the same missions.

Approval of this exemption would thereby enhance safety and fulfill the Secretary of Transportation’s responsibilities under Section 333(c) of the Reform Act to “establish requirements for the safe operation of such aircraft systems in the national airspace system.”

Summary of Regulations from which Petitioner Seeks Exemption or Relief14 CFR Part 21, Subpart H 14 CFR Part 27 14 CFR 45.23(b) 14 CFR 61.113(a)(b)

14 CFR 91.7(a) 14 CFR 91.9(b)(2)(c)
14 CFR 91.103 14 CFR 91.109(a)
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 91.407(a)(1) CFR 91.409(a)(1) and (a)(2) 14 CFR 91.417(a)(b)

References

[1] Ronald L. Brouwer, Matthieu A. de Schipper, Patrick F. Rynne, Fiona J. Graham, Ad J. H. M. Reniers, and Jamie H. MacMahan, 2015: Surfzone Monitoring Using Rotary Wing Unmanned Aerial Vehicles. J. Atmos. Oceanic Technol., 32, 855–863.

[2] Example of how sUAS contributes to outreach, scientific communication and broader impacts.

http://www.rsmas.miami.edu/blog/2015/04/21/carthe-waterlustteam-wins-top-prize-in-video-challenge/