North American Unmanned Aerial Services, Inc. 

November 24, 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: 

[North American Unmanned Aerial Services, Inc.] (“Applicant”) herewith applies for the issuance 

of an exemption under Section 333 of the FAA Modernization and Reform Act of 2012 based 

upon Exemption 11110 issued to Trimble Navigation Ltd. (“Trimble”) on December 10, 2014 in 

FAA Docket 2014-0367. The requested exemption would allow Applicant to operate the UX5, 

UX5 HP and ZX5 aircraft manufactured by Trimble or other Trimble aircraft approved for 

commercial operations under Exemption 11110, as amended, such as the UX5, UX5 HP and 

ZX5 for which an amendment has been filed. Applicant 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 Applicant 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, 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 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.1 In those cases, use of the proposed sUAV not only enhanced safety but also fulfilled 

the Secretary of Transportation’s (the FAA Administrator’s) responsibility to “. . . establish 

 

1 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). 
requirements for the safe operation of such aircraft systems in the national airspace system.” 

Section 333(c) of the Reform Act. 

[North American Unmanned Aerial Services, Inc.] (“Applicant”) intends to operate the UX5, 

UX5 HP, and ZX5 from Trimble and will operate it in strict compliance with the conditions set 

forth in Exemption 11110, 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, UX5 HP or ZX5 Data Sheet; and 

 2) Trimble UX5, UX5 HP or ZX5 Aerial Imaging Solution User Guide (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 11110, 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. 

To the extent necessary, Applicant 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, UX5 HP and ZX5 specified 

in this request are the same or, essentially the same, as the craft already approved in Exemption 

11110, and Applicant 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.2

As well, Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the 

Reform Act) and 14 C.F.R. Part 11, North American Unmanned Aerial Services hereby applies 

for an exemption from the Federal Aviation Regulations identified below to allow for the 

commercial operation of the DJI PHANTOM 3 (“the PHANTOM”) which is manufactured by 

DJI Innovations. These operations will be subject to strict operating requirements and conditions 

defined in Trimble’s 333 Exemption. 

 

North American Unmanned Aerial Services will operate the DJI PHANTOM 3 (the 

“PHANTOM”) manufactured by DJI Innovations. The PHANTOM is a battery operated 

quadcopter with a maximum flight time of 25 minutes. The vehicle weighs approximately 2.82 

pounds with a maximum takeoff weight of approximately 2.82 pounds. It has fixed landing gear, 

vibration dampers, small frame air incline and minimalized gimbal mount, which allows for a 94 

degree of view from the camera. Although the vehicle’s ground speed has a maximum of 35 

mph, it will be operated between 2 and 5 miles per hour, and it will operate at or below 400 feet 

AGL. 

The PHANTOM’s USER Manual, Spec Sheet, and Safety Guidelines are enclosed. 

 

2 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.
The UAV/UAS/UA which North American Unmanned Aerial Services, Applicant, will be 

operating is the DJI Phantom 3. The inherent safety features, sophistication, programmability, 

GPS navigation, return home capability, airport vicinity no-fly feature and restricted altitude 

feature, as well as differentiating radio frequency (rf) for aircraft controller/receiver and for the 

camera make this a much safer UAV for the purposes of this petition. These are hobby grade 

radio controlled UAVs that has the capacity for software upgrades. It is light, less than 3 and 8 

pounds respectively including battery and camera. Incorporated into the programming of the 

PHANTOM is an automatic return home feature that automatically directs the craft back to point 

of take-off should communication with the transmitter be lost. The Phantom has a cruising speed 

of 15 knots, with a maximum speed of 29 knots. Maximum flight time is 25 minutes. Gross 

weight is 2.75 pounds. 

The PHANTOM has a communication link between the camera and aircraft allowing the 

operator or Pilot in Command (PIC) to monitor battery level, altitude (AGL), distance from PIC, 

camera imagery, and also control camera angle. The software for the PHANTOM allows the 

operator or PIC to set maximum altitude AGL for each flight, allowing customization of flights 

to no higher than 100 feet, 150 feet, or 250 feet AGL as examples. The 400 foot maximum AGL 

is by default programmed into the UAV's software pre-flight to insure compliance with FAA 

standards adding to the safety capabilities of this UAV. This UAV is programmed to remain in 

position when controls are released, maintaining altitude and GPS location. 

Applicant 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. Applicant hereby requests a blanket COA for flights up to 200 feet 

AGL in the form approved by the FAA. Applicant will also file NOTAMs for its flights, as 

required. 

The name and address of the applicant is: 

North American Unmanned Aerial Services, Inc. 

Robert Hixon 

2161 West Anderson Lane 

Austin, TX 78757 

Phone: 5124664555 

Email: robert@wds-us.com

 

Regulations from which the exemption is requested: 

14 C.F.R Part 21, Subpart H; 

14 C.F.R Part 27; 

14 C.F.R § 45.23(b); 

14 C.F.R. § 45.27(a);

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 § 91.9(b)(2); 

14 C.F.R § 91.9(c); 

14 C.F.R § 91.103; 

14 C.F.R § 91.109(a); 

14 C.F.R. 91.119(c) 

14 C.F.R § 91.203 (a) & (b); 

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 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.” Id. § 333(c) (emphasis added).3

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

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 of the Act, from the 

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 

 

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. 

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). 
of sight. They will operate as set forth in the confidential manuals attached hereto and made a 

part hereof (Exhibits 1-UX5/UX5HP Manual; Exhibits 2-UX5 Datasheet; Exhibits 3-UX5HP 

Datasheet; Exhibits 4-ZX5 Manual; Exhibits 5-ZX5 Datasheet; Exhibits 6-DJI Phantom 3 

Professional Manual; Exhibits 7-DJI Phantom 3 Professional Spec Sheet; Exhibits 8-DJI 

Phantom 3 Safety Guidelines). 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 SAFETY/NATIONAL SECURITY 

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

Exemption 11110A will provide an equivalent level of safety for the operation of the UX5, 

UX5HP, ZX5, and DJI Phantom 3 Professional. 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 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 

explained at length in Trimble’s original Section 333 exemption request submitted on May 30, 

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 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 aircraf 

 

5 Section 333(b) of the Reform Act. 
********* 

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. §§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), and 91.417(a) 

and (b) to operate commercially a small unmanned vehicle (55 lbs. or less) in motion picture 

and television operations and aerial data collection. 

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. 

 Very truly yours, 

 _____________________________________ 

 Robert Hixon 

 North American Unmanned Aerial Services, Inc. 
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 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 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. § 91.119: Minimum Safe Altitudes 

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 11062, 11213, 

11360 and 11447. 

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

This regulation requires each person operating an 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 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 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, 11360 and 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. 

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. 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.