0 Crafton Tull 

November 20, 2015 

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave., 

SE Washington, DC 

20590 

Re: Request for Additional Information for Exemption under Section 333 of the FAA 

Modernization and Reform Act of 2012 and Part 11 of the Federal Aviation Regulations. 

Dear Sir or Madam: 

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

and 14 C.F.R. Part 11, Crafton Tull & Associates, Inc. ("Crafton Tull"), The requested 

exemption would allow Applicant to operate the UX5 and the UX5hp aircraft manufactured by 

Trimble or other Trimble aircraft approved for commercial operations under Exemptions 

11110 and 1111 OA, as they may be amended in the future. As an operator of the UX5 or 

UX5hp Unmanned Aircraft System seeks an exemption from the following Federal Aviation 

Regulations: 

14 C.F.R. 21 (H) 

14 C.F.R. 45.23 

14 C.F.R. 45.29 

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

14 C.F.R. 61.133 (a) & (b) 

14 C.F.R. 61.315 (a) 

14 C.F.R. 91.7 (a) 

14 C.F.R. 91 .9 (b)(2) 

14 C.F.R. 91 .109 

14 C.F.R. 91 .119 

14 C.F.R. 91.12·1 

14 C.F.R. 91.151 

14 C.F.R. 91.203 

14 C.F.R. Subpart E (91.401- 91.417) 

Applicant aircraft will be used to conduct the following applications: mining, utilities, 

gas and petroleum locations, pipelines, construction sites, landfills, topography, design 

surveys, boundary surveys, agriculture, and other purposes, but not for closed set filming 

(hereinafter "the Purpose"). Applicant hereby applies for an exemption from the listed 

Federal Aviation Regulations ("FARs") to allow commercial operation of its small unmanned 

l l 
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). 

As this exemption request is identical to the already issued precedent. this request 

should qualify for summary processing as the FAA has already provided public notice of and 

granted similar exemptions. The FAA has issued exemptions in circumstances similar in all 

material respects to those presented in this petition. In numerous exemptions, the FAA has 

found that the enhanced safety achieved using an unmanned aircraft ("UA") with the 

specifications described by the petitioners and carrying no passengers or crew, when 

compared to flights of much larger manned aircraft that carry crew in addition to flammable 

fuel, gives the FAA good cause to find that the sUAV operation enabled by the exemptions 

serves the public interest. 2 In those cases, use of the proposed sUAV not only enhanced 

safety but also fulfilled 

Exemption No. 11257 to Montana Land Surveys (see Docket No. FAA-2014-

0889). 

2 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 Secretary of Transportation's (the FAA Administrator's) responsibility to " ... establish 

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

Section 333(c) of the Reform Act. 

The name ~nd address of the applicant 

is: Randaii"Lane" Housley 

Executive Vice President 

Crafton Tull & Associates, Inc 

1 000 Ledge lawn Drive 

Conway, Arkansas 72034 

501-328-3316 

This exemption application is expressly submitted to fulfill Congress' goal in passing 

Sections 333(a) through (c) of the Reform Act. This law directs the Secretary of 

Transportation to consider whether certain unmanned aircraft systems may operate safely in 

the national airspace system (NAS) before completion of the rulemaking required under 

Section 332 of the Reform Act. In making this determination, the Secretary is required to 

determine which types of sUAVs do not create a hazard to users of the NAS or the public or 

pose a threat to national security in light of the following: 

• The sUAV's size, weight, speed, and operational capability; 

• Operation of the sUAV in close proximity to airports and populated areas; and 

• Operation of the sUAV within visual line of sight of the operator. 

Reform Act§ 333(a). Lastly, if the Secretary determines that such vehicles "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." /d.§ 333(c) (emphasis added). 3 

The Federal Aviation Act, in addition to the authority granted by Section 333 of Reform 

Page 12 
Act, expressly grants the FAA the authority to issue exemptions. This statutory authority by its 

terms includes exempting civil aircraft, as the term is defined under § 40101 ot the Act, from 

the 

3 Applicant interprets this provision to place the duty on the Administrator to not only 

process applications for exemptions under section 333, but for the Administrator to craft 

conditions for the safe operation of the sUAV, if it should be determined that the conditions 

set forth herein do not fulfill the statutory requirements for approval. 

Requirement that all civil aircraft, which includes sUAVs, must have a current 

airworthiness certificate. 4 

The sUAVs that Applicant proposes to use are fixed wing and weigh 55 or fewer lbs. 

including payload. They operate, under normal conditions, at a speed of no more than 87 

knots. They will operate at altitudes of no more than 400 feet, as further explained, and only 

within line of sight. They will operate as set forth in the manuals previously attached as; 1) 

Trimble UX5 

Data Sheet; and 2) Trimble UX5 Aerial Imaging Solution User Guide (User Guide). 

Operations in compliance with these manuals will ensure that the sUAV will "not create a 

hazard to users of the national airspace system or the public"5 and that the aircraft will 

operate in compliance with the conditions set forth in this application. 

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETYINA TIONAL SECURITY 

The Applicant states that operating in compliance with the conditions set forth in 

Exemption 1111 OA will provide an equivalent level of safety for the operation of the UX5 and 

UX5 hp. Approval of exemptions allowing commercial operations of sUAVs for aerial data 

collection will enhance safety by reducing risk. Conventional operations, using jet or piston 

power aircraft, operate at extremely low altitudes just feet from the subject being 

photographed and in extreme proximity to people and structures and present the risks 

associated with vehicles that weigh in the neighborhood of 6,000 lbs., carrying large amounts 

of jet A or other fuel (140 gallons for jet helicopters). Such aircraft must fly to and from the 

project location. In contrast, a sUAV weighing fewer than 55 lbs. and powered by batteries 

eliminates virtually all of that risk given the reduced mass and lack of combustible fuel carried 

on board. The sUAV is carried to the target area and not flown. The sUAV will carry no 

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

aircraft flights. These lightweight aircraft operate at slow speeds, close to the ground, and in 

areas that are under the control of the operator and, as a result, are far safer than 

conventional operations conducted with larger manned aircraft operating in close proximity to 

the ground and people. 

Given the small size of the sUAVs involved and the restricted environment within 

which they will operate, Applicant falls squarely within that zone of safety (an equivalent level 

of safety) in which Congress envisioned that the FAA must, by exemption, allow commercial 

operations of sUAVs to commence immediately. Also, due to the size of the sUAVs, the 

restricted areas in which they will operate, and the fact that they will be flown by pilots holding 

at least an FAA sport or recreational pilot license, approval of the application presents no 

national security issue. 

PUBLIC INTEREST 

The FAA has granted exemptions to the regulations listed on page 2 in the 

P(lge 13 
exemptions cited above. As discussed in detail for each of these regulations in the attached 

Appendix A. the public interest will be served by an exemption because, with respect to 

each, operation in compliance with the requested conditions will ensure an equivalent level 

of safety. As also 

4 "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 the 

Transportation Act if the Administrator finds the exemption in the public interest." 49 

U.S.C. § 44701 (f). See also 49 U.S.C. § 44711 (a); 49 U.S.C. § 44704; 14 C.F.R. § 

91.203(a)(1 ). 

5 Section 333(b) of the Reform Act. 

The grant of the requested exemption is in the public interest given the clear direction in 

Section 333 of the Reform Act; the authority included in the Federal Aviation Act, as 

amended; the strong equivalent level of safety surrounding the proposed operations; and the 

significant public benefit derived from, among other things, the enhanced safety and reduced 

environmental impact, including the reduced emissions associated with allowing battery 

powered sUAVs instead of turbine or gas powered aircraft. 

******** 

* 

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the 

Federal Register, should it be determined that publication is needed: 

Applicant seeks an exemption from the following rules: 

14 C.F.R. 21 (H) 

14 C.F.R. 45 .23 

14 C.F.R. 45.29 

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

14 C.F.R. 61.133 (a) & (b) 

14 C.F.R. 61.315 (a) 

14 C.F.R. 91.7 (a) 

14 C.F.R. 91 .9 (b)(2) 

14 C.f.R. 9 1. I 09 

14 C.f.R. 9 1.11 9 

14 C.F.R. 91.1 21 

14 C.F.R. 9 1.1 5 1 

14 C.F.R. 9 1.203 

14 C. F.R. Subpart E (91.401 - 9 1.4 17) 

Crafton Tull & Associates sees the use of the UX5 or UX5hp for the listed applications as 

beneficial to public interest for reasons of occupational safety and environmental 

responsibility. Safety is of the highest importance to all occupations within the energy, utility, 

agriculture, planning, engineering and construction industries. Environmental responsibility is 

equally important in these industries in order to continuously ensure the safety and well-being 

Pdge 14 
of the public and the environment. Crafton Tull & Associates seeks exemption from the Federal 

Regulations put forth herein to conduct commercial operations where the UX5 or UX5hp can 

be utilized to promote occupational safety and environmental responsibility over currently used 

technology, methods, and/or practices. It is our goal to not only benefit this company, but also 

the industries we serve and ultimately the public as a whole. 

Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012 - size, 

weight, speed, operating capabilities, proximity to airports and populated areas and operation 

within visual line of sight and national security - provide more than adequate justification for 

the grant of the requested exemption allowing commercial operation of applicant's sUAV for 

the Purpose outlined herein and are consistent with exemptions already granted, including 

Exemption 1110A. Accordingly, the applicant respectfully requests that the FAA grant the 

requested exemption without delay. 

Respectfully submitted, 

Executive Vice President! Energy Services 0 Crafton lull 

Dlfect 501·339-2800 I Mobile 501 -940·9688 

1000 ledgefawn Dr 

Conway AR 72004 

www c:rallontull com 

I S 
APPENDIX 11A 11 

Crafton Tull & Associates requests an exemption from the following regulations as well 

as any additional regulations that may technically apply to the operation of the UX5 

and/or UX5hp: 

14 C.F.R. Part 21 , Subpart H: Airworthiness Certificates 

14 CFR § 91 .203(a)(1) 

Section 91 .203(a)(1) requires all civil aircraft to have a certificate of airworthiness. Part 21 , 

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for 

the issuance of airworthiness certificates as required by FAR § 91 .203(a)(1 ). Given the size 

of the UX5, its very light weight and the limited operating area associated with its utilization, 

it is unnecessary to go through the certificate of airworthiness process under Part 21 

Subpart H to achieve or exceed current safety levels. 

Such an exemption meets the requirements of an equivalent level of safety under Part 11 

and Section 333 of the Reform Act. The Federal Aviation Act 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 UAS involved. 

An analysis of these different criteria demonstrates that the UX5 or UX5hp operated without an 

airworthiness certificate, under the conditions proposed in that exemption, will be at least as 

safe, or safer, than a conventional aircraft with an airworthiness certificate. A risk assessment 

for operations with the UX5 or UX5hp, which demonstrates that assertion, was submitted as 

part of this application. 

The UX5 or UX5hp is light weight and is made of flexible foam, does not carry a pilot or 

passengers, does not carry flammable fuel, and will operate exclusively within a pre- disclosed 

area and in compliance conditions set forth herein. Operations under this exemption will be 

continuously monitored and controlled by the operator via radio communication link between 

the UX5 or UX5hp and its ground control station. Additionally, a geo-fence and flight ceiling 

will be defined for each flight prior to launch to ensure the UX5 or UX5hp does not operate 

beyond its designated flight area. 

Page 16 
14 C.F.R. § 45.23 & 14 C.F.R. § 45.29: Display of marks; size of marks 

These regulations provide that each aircraft must display "N" and the aircraft's 

registration number in letters at least 3 inches high. Additionally, the aircraft must 

display the word 

"EXPERIMENTAL" in letters at least 2 inches high near the entrance to the cabin, cockpit, 

or pilot station. 

Given the size of the UX5 or UX5hp, this requirement is impossible to match. 

14 C.F.R. § 61.23(a) and (c): Medical Certificates: Requirement and Duration 

Sections 61.23(a) and (c) address the requirement of medical certificates for pilots. 

Section 61.23(a) requires a person exercising the privileges of a recreational pilot to hold at 

least a third class medical certificate. Section 61 .23(c) permits the holder of a sport pilot 

certificate to act as PIC of a light-sport aircraft with either a medical certificate or U.S. issued 

driver's license. Light-sport aircraft may weigh up to 1,430 pounds and seat up to two 

persons, including the pilot. Comparatively, the Trimble craft will weigh fewer than 55 

pounds, and it will not carry pilots, passengers, or cargo. The UAS will also be operated 

within visual line of sight 

of the PIC and below 400 feet above ground level and limited to operations with permission 

over private or controlled-access property. 

Given these safety parameters, Applicant requests that the FAA waive Section 

61 .23(a) upon a finding that an equivalent level of safety will be provided by allowing 

operation of the Trimble craft by pilots with a recreational or sport pilot certificate and a valid 

U.S. state issued driver's license, in lieu of an FAA-issued medical certificate. Applicant also 

requests that the FAA grant relief from Section 61 .23(c) to allow sport pilot certificate holders 

to operate aircraft other than light-sport aircraft with a valid U.S. issued driver's license. The 

FAA has granted exemptions to conduct similar operations in a number of cases, including 

Exemption 11213. 

14 C.F.R. Part 61: Private Pilot Privileges and Limitations: Pilot in Command 

Sections 61 .113 (a) & (b) limit private pilots to non-commercial operations. 

Section 61 .315(a) addresses the privileges and limitations of the holder of a sport 

pilot certificate. 

Because the sUAV will not carry a pilot or passengers, the proposed operations can 

achieve the equivalent level of safety of current operations by requiring the PIC operating the 

aircraft to hold a certificate issued by the FAA authorizing operation of any aircraft (ATP, 

Commercial, Private, Recreational or Sport). Unlike a conventional aircraft that carries the 

pilot and passengers, the sUAV is remotely controlled with no living thing on board. The area 

of operation is controlled and restricted, and all flights are planned and coordinated in 

advance as set forth in the manual. The level of safety provided by the requirements 

included in the manuals exceeds that provided by a single individual holding a commercial 

pilot's certificate operating a conventional aircraft. The risks associated with the operation of 

the sUAV are so diminished from the level of risk associated with commercial operations 

contemplated by Part 

61 when drafted, that allowing operations of the sUAV as requested with any certificate 

!>age 17 
issued by the FAA as the PIC greatly exceeds the present level of safety achieved by 14 

C.F.R. Part 

61. The FAA has granted exemptions for private and sport or recreational pilots to conduct 

similar operations in Exemptions 11062, 11213, 11360 and 11447. 

14 C.F.R. § 91.7(a): Civil aircraft airworthiness 

This regulation requires that no person may operate a civil aircraft unless it is in airworthy 

condition. Should the exemption be granted allowing commercial operation of the UX5 or 

UX5hp without an airworthiness certificate, no standard will exist for airworthiness of the 

UX5 or UX5hp . Given the size of the aircraft and the previous airworthiness assessments 

given to the UX5 or UX5hp , among others: 

New Mexico State University: 

https://newscenter.nmsu.edu/Articles/view/1 0208/nmsuuasflight-test-center-conducts-ebee-airworthiness-assessment 

USAGE New Orleans, who coordinated with the Department of Army and the 

FAA to obtain all authorizations required in order to operate the eBee UAS for 

levee system monitoring, documentation of construction progress, and extensive 

oblique photography of USAGE structures & activities. 

An equivalent level of safety will be achieved by insuring compliance with the UX5 or 

UX5hp manuals prior to each flight. 

14 C.F.R. § 91.9: Civil aircraft flight manual, marking, and placard requirements. 

This regulation provides that no person may operate an aircraft unless a current, approved 

flight manual is in the aircraft. We assume that the intent of this requirement is to ensure that 

flight manual information is available to the aircrew while operating the aircraft. We request an 

exemption to this requirement since the aircraft is not only too small to carry documentation, 

the documentation would not be available to the crew. 

The equivalent level of safety will be achieved by keeping a hard copy of the flight manual in 

the UX5 or UX5hp transportation box. 

14 C.F.R. § 91 .109(a): Flight Instruction 

The regulation provides that 'No person may operate a civil aircraft that is being used for 

flight instruction unless that aircraft has fully functioning dual controls." 

Flight instruction wi ll be accomplished through an elaborated training program, using first 

the simulation mode of the flight management software eMotion. The equivalent level of 

safety during the in-flight training will be achieved by the manufacturer or affiliate providing 

the training as described in the UX5 or UX5hp training program and through the use of 

experienced and qualified instructors familiar with the UX5 or UX5hp 

14 C.F.R. § 91.119: Minimum Safe Altitudes 

18 
Section 91 .119 establishes safe altitudes for operation of civil aircraft. 

Specifically, 

91 .119( c) limits aircraft flying over areas other than congested areas to an altitude of 500 feet 

above the surface, except over open water or sparsely populated areas. In those cases, 

the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or 

structure. 

As set forth herein, the Trimble craft will never operate at higher than 400 feet AGL. 

They will, however, be operated to avoid congested or populated areas that are depicted in 

yellow on VFR sectional charts. Because aerial survey work must be accomplished at 

relatively low altitudes and at altitudes less than 400 feet AGL, an exemption from Section 

91 .119(c) is needed. 

The equivalent level of safety will be achieved given the size, weight, speed, and 

material with which the Trimble craft are built. Also, no flight will be taken without the 

permission of the landowner or those who control the land. Because of the advance notice 

to the landowner, all affected individuals will be aware of the survey flights. Compared to 

aerial survey operations conducted with aircraft or rotorcraft weighing far more than the 

Trimble craft and carrying flammable fuel, any risk associated with these operations will be 

far less than those currently allowed with conventional aircraft operating at or below the 

same altitude. Indeed, the low-altitude operations of the sUAV will maintain separation 

between these sUAV operations and the operations of conventional aircraft that must 

comply with Section 91.119. The FAA has granted exemptions to conduct similar operations 

in Exemptions 11 062, 11213, 

11360 and 11447. 

14 C.F.R. § 91.121: Altimeter Settings 

This regulation requires each person operating an aircraft to mainta:r. cruising altitude 

by reference to an altimeter that is set " ... to the elevation of the departure airport or an 

appropriate aitimeter setting available before departure." As each sUAV model in at least one 

operating mode wi!i not have a barometric altimeter, but instead a GPS altitude read out, an 

exemption 

will be needed. An equivalent level of safety will be achieved by the operator, pursuant to 

the manuals, confirming the altitude of the launch site shown on the GPS altitude indicator 

before 

flight. The FAA has granted exemptions to conduct similar operations in Exemptions 11062, 

11213, 11360and 11447. 

14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions 

Section 91 .151 (a) prohibits an individual from beginning "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." 

The battery powering the sUAV limits the duration of a flight. To meet the 30-

minute reserve requirement in 14 C.F.R. § 91 .151 , sUAV flights would be severely limited, 

in some cases to approximately 10 minutes in length. Given the limitations on the sUAV's 

proposed flight area and the location of its proposed operations within a predetermined 

area, a longer time frame for flight in daylight or night VFR conditions is reasonable. 

l'age 19 
Applicant believes that an exemption from 14 C.F.R. § 91 .151(a) falls within the scope 

of prior exemptions. See Exemption 10673 (allowing Lockheed Martin Corporation to operate 

without compliance with FAR 91.151 (a)). Operating the sUAV, in a tightly controlled area 

where only people and property owners or official representatives who have signed waivers will 

be allowed, with less than 30 minutes of reserve fuel, does not engender the type of risks that 

Section 91.151 (a) was intended to alleviate given the size and speed of the sUAV. 

Applicant believes that an equivalent level of safety can be achieved by limiting flights 

to five minutes of reserve time on the batteries. This restriction would be more than adequate 

to return the sUAV to its planned landing zone from anywhere in its limited operating area. 

Similar exemptions have been granted to other operations in Exemptions 2689F, 5745, 10673, 

10808 and Exemptions 11062, 11213, 11360 and 11447. 

14 C.F.R. § 91.203 (a) & (b): Carrying Civil Aircraft Certification and Registration 

This regulation provides as follows: 

No person may operate a civil aircraft unless it has an appropriate and 

current airworthiness certificate. 

No person may operate a civil aircraft unless the airworthiness certificate required 

by paragraph (a) of this section or a special flight authorization issued under §91. 715 is 

displayed at the cabin or cockpit entrance so that it is legible to passengers or crew. 

To obtain an equivalent level of safety and meet the intent of 91.203, Crafton Tull & 

Associates proposes that documents deemed appropriate for this aircraft by the FAA will be 

co-located with the operator at the ground control station in the UX5 or UX5hp box and 

available for inspection upon request. 

14 C.F.R. Part 91: Maintenance Inspections 

Section 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 as prescribed 

in part 43 of this chapter .... " Section 91.407 similarly makes reference to requirements in 

Part 43; Section 91.409(a)(2) requires an annual inspection for the issuance of an 

airworthiness certificate. Section 91.417(a) 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. 

Given that these sections and Part 43 apply only to aircraft with an airworthiness 

certificate, these sections will not apply to the applicant. Maintenance will be accomplished by 

the operator pursuant to the manuals. An equivalent level of safety will be achieved because 

these sUAVs are very limited in size and will carry a small payload and operate only in areas 

for limited periods of time. If mechanical issues arise, the sUAV can land immediately since it 

will be operating from no higher than 400 feet AGL. As provided in the manuals, the operator 

will ensure that the sUAV is in working order prior to initiating flight, perform required 

maintenance, and keep a log of any maintenance performed. Moreover, the operator is the 

person most familiar with the aircraft and best suited to maintain the aircraft in an airworthy 

condition in order to provide the equivalent level of safety. The FAA has granted exemptions 

for similar operations in Exemptions 11062, 11213, 11360 and 11447. 

P i-l g e 110