July 7, 2015

U. S. Department ofTransportation Docket Management System 1200 NewJerseyAve., SE Washington, DC 20590 

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Re: Summary Processing: Exemption Request Under Section 333 ofthe FAA Reform Act and Part 11 of the Federal Aviation Regulations Based Upon Exemption 1111OA Issued to Trimble Navigation Limited

Dear Siror Madam:
Phylway Construction ("Applicant") herewith applies forthe issuance of an exemption under Section 333 ofthe FAA Modernization and Reform Act of 2012 ("Reform Act") based upon Exemption 11110 issued to Trimble Navigation Limited ("Trimble") on December 10, 2014, as amended on May7, 2015 with issuance of Exemption 11110A in FAA Docket 2014-0367.

The requested exemption would allowApplicantto operate the UX5 andthe UX5 hp aircraft manufactured byTrimble orotherTrimble aircraft approved for commercial operations under Exemptions 11110 and 1111OA, as they may be amended in thefuture. Applicant notes that, in Exemption 11257, the FAA also recently authorized use oftheTrimble UX5 by a third party underconditions like those in Exemption 1111OA. 1 Applicant herebyconfirms that it will acceptthe conditions in Exemptions 1111OA and 11257.
Applicant aircraft will be used to conduct aerial surveys and perform aerial data collection foragriculture, mining, and other purposes, but not for closed setfilming (hereinafter "the Purpose"). 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 underthe conditions outlined herein or as may be established by the FAA in an exemption granted under either Section 333
orSection 49 U.S.C. §44701 (f).

As this exemption request is identical to the already issued precedent, this request should qualifyfor 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 thatthe enhanced safety achieved using an unmanned aircraft ("UA") with the specifications described by the petitioners and carrying no passengers orcrew, when compared to flights of much largermanned aircraftthat carry crew in addition to flammable fuel, givesthe FAA good causetofind thatthe sUAV operation enabled by the exemptions serves the public interest.2 In those cases, use of the proposed sUAV not only enhanced safety but alsofulfilled the Secretary ofTransportation's (the FAAAdministrator's) responsibilityto"

... establish

2 Exemption No. 11257to Montana Land Surveys (see Docket No. FAA-2014-0889). Exemption Nos. 11062to Astraeus Aerial (see Docket No. FAA-2014-0352),11109to Clayco, Inc. (see Docket No. FAA-2014-0507), 11112to VDOS Global, LLC (see Docket No. FAA-2014-0382), and 11213to Aeryon Labs, Inc. (see Docket No. FAA-2014-0642).U. S. Department ofTransportation July7, 2015 Page 2

requirements forthe safe operation ofsuch aircraft systems in the national airspace system." Section 333(c) ofthe Reform Act.

The name and address ofthe applicant is:
Phylway Construction

- Contact HenryAdams 1047 HW 1 Thibodaux La, 70301 ph. 985-446-9644 ex. 121
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) 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)

This exemption application is expresslysubmitted to fulfill Congress' goal in passing Sections 333(a) through (c) ofthe Reform Act. This law directsthe Secretary ofTransportation to considerwhethercertain unmanned aircraft systems may operate safely in the national airspace system (NAS) before completion ofthe rulemaking required under Section 332 ofthe Reform Act. In makingthis determination, the Secretary is required to determinewhich types of sUAVs do not create a hazard to users ofthe NAS orthe public or pose athreatto national security in light ofthefollowing:

• ThesUAV's size, weight, speed, and operational capability;
• Operation ofthe sUAV in close proximityto airports and populated areas; and
• Operation ofthe sUAVwithin visual line ofsight ofthe operator.

Reform Act§ 333(a). Lastly, ifthe Secretary determinesthat suchvehicles "may operate safely in the national airspace system, the Secretary shall establish requirements forthe safe operation of such aircraft in the national airspace system." /d.§ 333(c) (emphasis added).3

The Federal Aviation Act, in addition tothe authority granted by Section 333 of Reform Act, expressly grants the FAAthe authorityto issue exemptions. This statutory authority by its terms includes exempting civil aircraft, as theterm is defined under §40101 of the Act, from the

3 Applicant interpretsthis provision to place the duty on the Administratorto not only process applications for exemptions undersection 333, but forthe Administratorto craft conditions forthe safe operation ofthe sUAV, if it should be determinedthatthe conditions set forth herein do notfulfill the statutory requirements for approval.U. S. Department of Transportation July 7, 2015 Page 3

requirementthat all civil aircraft, which includes sUAVs, must have a current airworthiness certificate.4

The sUAVsthat Applicant proposes to use are fixed wing and weigh 55 orfewer lbs. including payload. They operate, under normal conditions, at a speed of no morethan 87 knots. They will operate at altitudes of no morethan 400feet, as further explained, and only within line of sight. Theywill operate as set forth in the manuals attached as; 1) Trimble UX5 Data Sheet; and 2) Trimble UX5Aerial Imaging Solution User Guide (UserGuide)

..5 Operations in compliance with these manuals will ensure that the sUAVwill "not create a hazard to users of the national airspace system orthe public"6 and that the aircraft will operate in compliance with the conditions set forth in this application.

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY/NATIONAL SECURITY

The Applicant statesthat operating in compliance with the conditions set forth in Exemption 1111OA will provide an equivalent level ofsafetyforthe operation ofthe 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 poweraircraft, operate at extremely low altitudesjustfeet from the subject being photographed and in extreme proximityto people and structures and presentthe risks associated with vehicles that weigh in the neighborhood of 6,000 lbs., carrying large amounts ofjetA or otherfuel (140 gallons forjet helicopters). Such aircraft must fly to and from the project location. In contrast, a sUAVweighing fewerthan 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 sUAVwill carry no passengers or crew and, therefore, will not exposethem tothe risks associated with manned aircraftflights. These lightweight aircraft operate at slowspeeds, close tothe ground, and in areasthat are underthe control ofthe operatorand, as a result, are far saferthan conventional operations conducted with larger manned aircraft operating in close proximityto the ground and people.

Given the small size ofthe sUAVs involved and the restricted environment within which theywill operate, Applicant falls squarely within that zone ofsafety (an equivalent level of safety) in which Congress envisioned thatthe FAA must, by exemption, allow commercial operations ofsUAVsto commence immediately. Also, dueto the size ofthe sUAVs, the

4 "TheAdministrator may grant an exemption from a requirement of a regulation prescribed undersubsection (a) or (b) ofthis section orany sections 44702-44716 ofthe Transportation Act ifthe Administratorfinds the exemption in the public interest." 49 U.S.C. §44701 (f). 

### See also49 U.S.C. § 44711 (a); 49 U.S.C. § 44704; 14 C.F.R. § 91.203(a)(1).
5 Applicant has markedthe manuals "CONFIDENTIAL" and separately submitted them. Applicant requests thatthese manuals be maintained in confidence and not be placed in the public docket orotherwise disclosed tothe public. As the information contained in the manuals includestrade secrets and commercial information that is confidential and not made available to the public, it is exemptfrom disclosure underthe Freedom of Information Act, 5. U.S.C. 

### § 552(b) and 14C.F.R. Part 11. Should the FAA receive a request foraccessto these manuals, Applicant requests notification of such request priorto anyaction being taken by the FAA, as it may relate to the request.
6 Section 333(b) ofthe Reform Act.U. S. Department ofTransportation July 7, 2015 Page 4

restricted areas in which theywill operate, and thefact that they will be flown by pilots holding at least an FAA sport or recreational pilot license, approval ofthe application presents no national security issue.

PUBLIC INTEREST

The FAA has granted exemptions to the regulations listed on page 2 in the exemptions cited above. As discussed in detail for each ofthese regulations in the attached AppendixA, 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 explained at length in Trimble's original Section 333 exemption request submitted on May30, 2014, 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 otherthings, the enhanced safety and reduced environmental impact, including the reduced emissions associated with allowing battery powered sUAVs instead ofturbine orgas powered aircraft.

*********

Pursuant to 14 C.F.R. Part 11, thefollowing summary is provided for publication in the Federal Register, should it be determined that publication is needed:
Applicantseeks an exemption from the following rules:

14 C.F.R. §§61.23(a) and (c), 61.101(e)(4) and(5), 61.113(a), 61.315(a), 91.7(a), 91.119(c), 91.121, 91.151(a)(1), 91.405(a), 91.405(a)(1), 91.409(a)(1) and(2), and91.417(a) and(b) to operate commerciallya smallunmanned vehicle (551bs. orless) in motionpicture andtelevision operations andaerialdata collection.

Satisfaction ofthe criteria provided in Section 333 of the Reform Act of2012 -size, weight, speed, operating capabilities, proximityto airports and populated areas and operation within visual line of sight and national security- provide morethan adequatejustification forthe grant ofthe requested exemption allowing commercial operation of applicant's sUAVforthe Purpose outlined herein and are consistent with exemptions already granted, including Exemption 111

### OA. Accordingly, the applicant respectfully requests thatthe FAA grant the requested exemption without delay.

cc: William Crozier Robert Pappas JakeTroutman Dean Griffith 

### !Y truly yours,

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# \.-**~J-..01:---,** hyllis Adams

- Owner Phylway ConstructionU. S. Department ofTransportation July

### 7, 2015 Page 5

Thuy H. Cooper

### APPENDIX A

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 holderof a sport pilot certificate to act as PIC of a light-sport aircraft with eithera medical certificate or U.S. issued driver's license. Light-sport aircraft mayweigh up to 1,430 pounds and seat up to two persons, including the pilot. Comparatively, the Trimble craft will weigh fewerthan 55 pounds, and it will not carry pilots, passengers, orcargo. The UASwill also be operated within visual line ofsight of the PIC and below400feet above ground level and limited to operations with permission over private orcontrolled-access property.

Given these safety parameters, Applicant requeststhat the FAA waive Section 61.23(a) upon a finding that an equivalent level ofsafetywill be provided by allowing operation ofthe Trimble craft by pilots with a recreational orsport 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 otherthan light-sport aircraft with a valid U.S. issued driver's license. The FAA has granted exemptionsto conduct similar operations in a numberof 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) addressesthe privileges and limitations ofthe holderof a sport pilot certificate.

Becausethe sUAVwill 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 aircraftto 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 bythe 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 ofthe sUAV are so diminished from the level of risk associated with commercial operations contemplated by Part 61 when drafted, that allowing operations ofthe sUAVas requested with any certificate 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 similaroperations in Exemptions 11062, 11213, 11360 and 11447.



### 14 C.F.R. 

### § 91.119: Minimum Safe Altitudes

Section 91.119 establishes safe altitudes foroperation of civil aircraft. Specifically, 91.119(c) limits aircraftflying overareas otherthan congested areas to an altitude of500feet abovethe surface, except over open water or sparsely populated areas. In those cases, the aircraft may not be operated closerthan 500 feet to any person, vessel, vehicle, orstructure.As setforth herein, the Trimble craft will never operate at higherthan 400 feet AGL. Theywill, however, be operated to avoid congested or populated areasthat 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 ofsafetywill be achieved given the size, weight, speed, and material with which theTrimble craft are built. Also, no flight will betaken without the permission ofthe landowner orthose who control the land. Because ofthe advance noticeto the landowner, all affected individuals will be aware ofthe surveyflights. Compared to aerial survey operations conducted with aircraft or rotorcraft weighing far more than theTrimble craft and carrying flammable fuel, any risk associated with these operations will be far lessthan those currently allowed with conventional aircraft operating at or belowthe same altitude. Indeed, the low-altitude operations of the sUAVwill maintain separation between these sUAV operations and the operations of conventional aircraft that must complywith Section 91.119. The FAA has granted exemptions to conduct similar operations in Exemptions 11062, 11213, 11360 and 11447.



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

This regulation requires each person operating an aircraftto maintain cruising altitude by reference to an altimeterthat is set"

...to the elevation ofthe departure airport oran appropriate altimetersetting available before departure." As each sUAV model in at least one operating mode will not have a barometric altimeter, but instead a GPS altitude read out, an exemption will be needed. An equivalent level of safetywill be achieved bythe 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 Requirementsfor Flight in VFR Conditions

Section 91.151 (a) prohibits an individual from beginning "aflight in an airplane under VFR conditions unless (considering wind and forecast weatherconditions) there is enough fuel to fly tothe first point of intended landing, and, assuming normal cruising speed- (1) During the day, to fly afterthatfor at least 30 minutes; or (2) At night, to fly afterthatfor at least 45 minutes."

The battery powering the sUAV limits the duration of a flight. To meetthe 30-minute
reserve requirement in 14 C.F.R. 

### § 91.151, sUAVflights would be severely limited, in some casesto 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 longertime frame forflight in daylight or night VFR conditions is reasonable.
Applicant believesthat 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 engenderthe type of risks that Section 91.151 (a) was intended to alleviate given the size and speed ofthe 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 morethan adequate to return the sUAVto its planned landing zonefrom anywhere in its limited operating area. Similar exemptions have been granted to other operations in Exemptions 2689F, 5745, 10673, 10808 and Exemptions 11062, 11213, 11360and 11447.



### 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 Eofthis part and shall between required inspections, except
as provided in paragraph (c) ofthis section, have discrepancies repaired as prescribed in part 43 ofthis chapter

...." Section 91.407 similarly makes referenceto requirements in Part 43; Section 91.409(a)(2) requires an annual inspection forthe issuance of an airworthiness certificate. Section 91.417(a) requires the owneror operatorto keep records showing certain maintenanceworkthat has been accomplished by certificated mechanics, under Part 43, or licensed pilots and records ofapproval ofthe aircraft for return to service.

Given that these sections and Part43 apply onlyto aircraft with an airworthiness certificate, these sections will not applyto the applicant. Maintenance will be accomplished by the operator pursuanttothe manuals. An equivalent level of safetywill be achieved because these sUAVs arevery limited in size and will carry a small payload and operate only in areasfor limited periods oftime. If mechanical issues arise, the sUAV can land immediately since it will be operating from no higherthan 400 feet AGL. As provided in the manuals, the operatorwill
ensure thatthe sUAV is in working order priorto 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 exemptionsfor similar operations in Exemptions 11062, 11213, 11360and 11447.

### be: Kyle Gilbertson James KirklandTHE STANDARD IN MAPPING AND SURVEYING The Trimble® UXS Unmanned Aircraft System (UAS) sets the standard for fast and safe aerial data collection by offering acomplete system with powerful technologies such as a robust design, a radically simplified workflow and reversed thrust & automatic failsafe procedures. The Trimble UXS offers amuch safer method to collect data compared to traditional surveying methods. Featuring the Trimble Access'" Aerial Imaging application, flights
are conducted in afully automated manner, from launch to landing, and require no piloting skills. The Trimble UXS makes aonce time consuming and complex process incredibly easy- no matterwhat the conditions.
SUPERIOR IMAGE ACQUISITION The Trimble UXS ensures optimal image quality along with maximum photogrammetric accuracy. The camera has alarge imaging sensor that captures very sharp, color-rich images, even in dark or cloudy conditions. The 24 MP camera and its custom optics give the UXS the ability to capture data down to 2 em (0.79 in) resolution.

UNRIVALED PERFORMANCE Based on aproduction method patented byTrimble, the Trimble UXS combines an impact resistant foam structure and internal and external composite elements that give the UXS its extreme durability and strength. Additionally, the design focus has been on delivering an easyto maintain airframe that can be renewed at users' discretion by aplug-and-play fitting of the protected internal electronics.
The remarkable design of the Trimble UXS ensures employability nearly everywhere and in practically all weather conditions. Whether you choose tofly in rainy conditions along windy seashores, in hot deserts,
or in asnowy, mountain terrain, the Trimble UXS is a dependable solution to gather high quality data without compromising coverage. DATASHEET

LANDINGS, LESS SPACE- MORE ACCURATE The Trimble UXS overcomes the limitations of traditional fixed wing UAS landings with the addition of an advanced control method. Based on reversed thrust, this improved altitude measurement results in accurate and predictable landings for landing confidence every time. For professionals working in small areas, the landing angle and trajectory is compact and allows for landings in confined spaces.
INTUITIVE WORKFLOWS WITH TRIMBLEACCESS The Trimble Access Aerial Imaging application loaded onto the Trimble Tablet Rugged PC operates the Trimble UXS and is asingle software tool for planning your aerial missions, performing pre-flight checks and monitoring yourflights- all with intuitive workflows that ensure reliable results. In the field, the operator is guided through the pre- and postflight sequences with step-by-step digital checklists. The fast and intuitive workflow allows the Trimble UXS to be ready to fly in only 5 minutes ensuring minimal downtime.

VALUABLE PHOTOGRAMMETRY DELIVERABLES Optimized to process data from the Trimble UXS Unmanned Aircraft System, the Trimble Business Center Photogrammetry Module creates impressive deliverables. Produce point clouds, Triangulated Irregular Network (TIN) models and contour maps of the area flown. These can then be used to calculate volumes, excavation planning, drainage planning and many other functions. Trimble Business Center also produces ascaled orthophoto of the area that can be used to plan aproject, define features of interest, identify property boundaries, or show construction progress by comparing orthophotos from different times.



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TRIIviBLE AUTHORIZED DISTRIBUTION PARTNER NORTH AMERICA Trimble Navigation Limited 10368 Westmoor Dr Westminster CO 80021 USA EUROPE Trimble Germany GmbH Am Prime Pare 11 65479 Raunheim GERMANY ASIA-PACIFIC Trimble Navrgation Singapore Pty Limited 80 Marine Parade Road #22-06, Parkway Parade Singapore 449269 SlhiGAPORE

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