AZ ROC069374 A / ROC083636 B CA 587527 GA GCCO003558 MS 19613 MT 10157

NM GF98-27218 / GA98-27218 NV 0028660 ND CL-A 39866 UT 89-248915-5501 

### 30 November 2015

U.S. Department of Transportation



### Docket Management System 1200 New Jersey Ave., SE Washington, DC 20590

Re: Application for Issuance of Section 333 Exemption Based upon Exemption 11110 Issued to Trimble Navigation Ltd.

Dear Sir or Madam,

FNF Construction Inc. (“FNF”) herewith applies for the issuance of an exemption under Section 333 of the FAA Modernization and Reform Act of 2012 based upon Exemption 11110A issued to Trimble Navigation Ltd. (“Trimble”) on December 10, 2014 in FAA Docket 2014-0367 and 11110B issued to Trimble on July 23, 2015.

The requested exemption would allow FNF to operate the UX5 and UX5 hp aircraft manufactured by Trimble or other Trimble aircraft approved for commercial operations under Exemption 11110A and 1110B. FNF notes that the FAA recently authorized use of the Trimble UX5 by a third party in Exemption No. 11257, Regulatory Docket No. FAA–2014–0889, on April 2, 2015, under updated conditions, and FNF hereby confirms that it will accept such conditions as well as those set forth in Exemption No. 11240, Regulatory Docket No. FAA-2014-0894.

Applicant aircraft will be used to conduct aerial surveys and perform aerial data collection for agriculture, mining, aerial photography/video acquisition, real estate, land surveying, vertical and horizontal constructions inspections, but not for closed set filming. Applicant hereby applies for an exemption from the listed Federal Aviation Regulations (“FARs”) to allow commercial operation of its small unmanned aerial vehicles(“sUAVs”), so long as such operations are conducted within and under the conditions outlined herein or as may be established by the FAA in an exemption granted under either Section 333 or Section 49 U.S.C. §44701(f).

The name and contact information for the applicant are:

Timothy Evans FNF Construction, Inc. 115 S. 48 th 

### St. Tempe, AZ, 85281 Phone: (480) 244-5036 tevans@fnfinc.com

Regulations from which the exemption is requested:

14 C.F.R. 61.23(a) and (c)

14 C.F.R. 61.101(e)(4) and (5)

14.C.F.R. 61.113(a)14 C.F.R. 61.315(a)

14 C.F.R. 91.7(a)

14 C.F.R. 91.119(c)

14 C.F.R. 91.121

14 C.F.R. 91.151(a)(1)(b)

14 C.F.R. 91.405(a)

14 C.F.R. 91.407(a)(1)

14 C.F.R. 91.409(a)(1) and (2)

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



### FNF intends to operate the UX5 or the UX5hp from Trimble and will operate it in strict compliance with the conditions set forth in Exemption 11110A and 11110B, as such conditions may be amended or modified by the FAA from time to time, as was done in Exemption Nos. 11240 and 11257, or such other conditions as the FAA shall specify, and the following manuals:

1) Trimble UX5 Data Sheet; and 2) Trimble UX5 Aerial Imaging Solution User Guide (User Guide) 3) Trimble UX5 hp Data Sheet; and 4) Trimble UX5 hp Aerial Imaging Solutions user Guide

Copies of these manuals are attached.

These manuals are very similar to the manuals submitted by Trimble in support of the issuance of Exemption 11110A and 11110B, updated to reflect changes reported in Trimble’s March 4, 2015 amendment to Exemption 11110. The manuals will be updated by Trimble, as needed to reflect any changes to Exemption 11110, based on amendments thereto.

The four attachments listed above are referenced in the request for exemption and contain trade secret and commercial proprietary information and that are not available to the public. FNF. is requesting that these attachments be treated as proprietary information pursuant to 14 C.F.R. Section 11.35, and maintains that they are protected from public release under the Freedom of Information Act. See 5 U.S.C. 552 et seq.

FNF acknowledges that under current FAA guidance a separate Certificate of Waiver or Authorization (“COA”) is required to fly at altitudes in excess of 200 feet AGL, and it will apply for COAs where required. FNF hereby requests a blanket COA for flights up to 200 feet AGL in the form approved by the FAA. FNF will also file NOTAMs for its flights, as required.

To the extent necessary, FNF refers the FAA to the original exemption and the amended exemption requests submitted by Trimble in Docket FAA-2014-0367 for demonstration of the public interest and an equivalent level of safety. Because the UX5 and the UX5hp specified in this request are the same or, essentially the same, as the craft already approved in Exemption 11110A and 11110B, and FNF will operate the aircraft in strict compliance with the conditions in existing exemptions previously granted by the FAA, or as they may be amended, notice need not be provided in the Federal Register nor public comment solicited. 1

1 Applicant reads Section 333 as placing the duty on the Administrator not only to process applications for exemptions under Section 333 but, if he determines that the conditions set forth herein do not fulfill the statutory requirements for approval, to craft conditions for the safe operation of the UAS.

### If you have any questions, please contact the undersigned.

Very truly yours,

Timothy Evans FNF Construction, Inc.

115 S. 48th St. Tempe, AZ, 85281

Enclosure

cc: James Williams Robert Pappas Thuy Cooper Dean Griffith, Esq.

James Kirkland Kyle Gilbertson