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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
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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).
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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.
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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 
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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.
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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.
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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