## North American Unmanned Ae rial 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 Trimbl e 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 Trim ble 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 F AA 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 airc raft systems in the national airspace system.” Section 333(c) of the Reform Act.



### [North American Unmanned Aerial Services, In c.] (“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 chan ges 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 safe ty. Because the UX5, UX5 HP and ZX5 specified in this request are the same or, essentially the same, as the craft alrea dy approved in Exemption 11110, and Applicant will operate the aircraft in st rict compliance with th e 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 F AA Modernization and Reform Act of 2012 (the Reform Act) and 14 C.F.R. Part 11, North Ameri can 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 fli ght time of 25 minutes. The ve hicle weighs approximately 2.82 pounds with a maximum takeoff weight of appr oximately 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 be tween 2 and 5 miles per hour, and it will operate at or below 400 feet

AGL.

The PHANTOM’s USER Manual, Spec Sheet, a nd 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 Unmanne d Aerial Services, Applicant, will be operating is the DJI Phantom 3. The inherent safety features, sophistication, programmability, GPS navigation, return home capability, airport vi cinity no-fly feature an d restricted altitude feature, as well as differentiating radio frequenc y (rf) for aircraft controller/receiver and for the camera make this a much safer UAV for the pur poses of this petition. These are hobby grade radio controlled UAVs that has the capacity for so ftware upgrades. It is light, less than 3 and 8 pounds respectively including batter y 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 transm itter 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, alt itude (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 al titude and GPS location.

Applicant acknowledges that under current FAA guidance a separate Certificate of Waiver or Authorization (“COA”) is required to fly at altitu des in excess of 200 feet AGL, and it will apply for COAs where required. Applicant hereby requ ests a blanket COA for flights up to 200 feet AGL in the form approved by the FAA. Applican t 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 subm itted 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 det ermines that such vehicles “may operate safely in the national airspace system, the Secretar y 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, ther efore, 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 Se ction 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 emi ssions 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 Trimbl e 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 indivi dual 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 presen t 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 ro torcraft 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 operat ions 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 FA A has granted exemptions for similar operations in Exemptions 11062, 11213, 11360 and 11447.