# cool

# e x

April 14, 20 15 U.S
. Department ofTransportation Docket Management System 1200 NewJersey Ave., SE Washington, DC 20590 VIA EMAIL TRANSMISSION

Re: Application for Amendment to Exemption 11110

- Trimble Navigation, Ltd. FAA Docket 2014-0367 Dear Sir or Madam: On March 4, 2015 Trimble Navigation LTD (hereinafter" Trimble"), through its attorneys, submitted an application for an Amendment to Exemption 11110, originally issued December 10,2014 in FAA Docket 2014-0367, to allow operation ofan updated model ofits UAS, the UX5hp. Given the recent changes in the terms ofother exemptions issued by the FAA under Section 333 ofthe FAA Modernization and Reform Act of2012, Trimble hereby files this supplemental amendment request to allow Trimble's UX5 and UX5hp to be operated under the same terms and conditions that the FAA has granted to other UAS operators under Section 333, as most recently reflected in Exemption 11240, Aerius Flight LLC, and Exemption 11257, Roger W. Meyer, PLS, which granted a Section 333 exemption involving a Trimble UX5 aircraft. Specifically, Trimble requests that its Exemption 11110 be amended to not only allow it to operate its UX5hp aircraft as stated inthe March 4, 2015 request, bu t that the following provision ofits Exemption 11110 be removed or modified, as noted below, or, alternatively, the conditions in Exemption 1 1240 and Exemption 1 1257 be substituted in their entirety
. Specifically, Trimble requests that the following modifications be made to Exemption 11110: 1.) Amend Exemption 11110 condition #4 by adding language "
...or U.S. driver's license" at the end ofthe second sentence. (See Exemption 11240.) 2.) Amend Exemption 11110 condition #15 by removing the present language and substituting the following: review requirements specified in 14 CFR 

### § 61.56 in an aircraft 

### in which the PIC is rated on his or her pilot certificate." (See Exemption 11240.) 3.) Amend Exemption 11110 condition # 16 by removing the present language and substituting the following:

1299 PENNSYLVAN IA AVENUE, NW, SU ITE 700, WASHINGTON , DC 20004-2400 T : (202) 842-7800 F: (202) 842-7899 WWW.COOLEY

.COM

# Coo

# e x
April 14, 2015 Page Two

"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 oftraining 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 ofthis exemption. However, training operations may only be conducted during dedicated training sessions. During training, proficiency, and experiencebuilding 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. The operator shall update its training manual as required under condition 6 ofthis exemption." (See Exemption 11240, with addition offinal sentence.) 4.) Amend Exemption 11110 condition # 19 by reducing the stated time of remaining battery life from ten (10) minutes to five (5) minutes. (See Exemption 11240.) 5.) Amend Exemption 1 11 10 condition #20 by substituting the following: "Air Traffic Organization (ATO) Certificate ofWaiver 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 ifit intends to conduct operations that cannot be conducted under the terms ofthe attached COA." 1 (See Exemption 11240.) 6.) Amend Exemption 11110 by removing condition #29 as no longer needed. (See Exemption 11240.) 7.) Amend Exemption 11110 by removing condition #30 as no longer needed. (See Exemption 11240.) To the extent necessary, Trimble refers the FAA to its original exemption request submitted in Docket FAA-2014-0367 for a listing ofregulations (as amended by Exemption 11 110) for which an exemption is being sought; a demonstration ofthe public interest; and a showing ofan equivalent level ofsafety. Because the UX5hp is essentially the same aircraft as approved for commercial operations in Exemption 11110, and the conditions under which it will

1 Trimble refers the FAA to its March 4, 2015 request for amendment to Exemption 11110 and its request for a COA allowing operations at 400 feet and below and the issuance ofa COA allowing such operations
. The UX5 and UX5hp software require operations at 400 feet AGL for survey operations.

1299 PENNSYLVAN IA AVENUE, NW, SUITE 700, WASHINGTON, DC 20004-2400 T: (202) 842-7800 F : (202) 842-7899 WWW.COOLEY

.COM

# Cooley April14, 2015 Page Three operate remain essentially the same as those included inExemption 1 1110 and Exemptions 11240 and 1 1257, notice need not be provided in the Federal Register nor public comment solicited.2 Ifyou have any questions, please contact us at your earliest convenience.

Encl.

cc: James Williams Robert Pappas Thuy Cooper Dean Griffith, Esq. James Kirkland Kyle Gilbertson Jonathan B. Hill M. Anne Swanson Counsel for Trimble Navigation, Ltd.

2Applicant interprets Section 333 as placing a duty on the Administrator not only to process applications for exemptions under Section 333 but, ifhe determines that the conditions set forth herein do not fulfill the statutory requirements for approval, to craft conditions for the safe operation ofthe UAS.

1299 PENNSYLVANIA AVENUE, NW, SUITE 700, WASHINGTON. DC 20004-2400 T: (202) 842-7800 F: (202) 842-7899 WWW.COOLEY.COM