U.S. DepartmentofTransportation Docket ManagementSystem 1200 NewJerseyAve., SE Washington, DC 20590 Filed with www.regulations.gov November20, 2015

Re: Petition for Exemption under Section 333 ofthe FAA ReformActand Part 11 ofthe Federal Aviation Regulations Dear Madam, Sir, Pursuantto Section 333 ofthe FAA Modernization and Reform Act of2012 (the "Reform Act"), P .L. 112-95, "Special Rules for Certain Unmanned Aircraft Systems" and 14 C.F .R. Part 11, Wagner Equipment Company, d.b.a. SITECH Rocky Mountain("SRM")- providing Caterpillar and other allied heavy machinery, as well as Trimble machine guidance systems, site positioning systems, and software- seeks an exemption from the Federal Aviation Regulations ("FARs") and listed below: 

## • 14 C.F.R. Part21 

## • 14 C.F.R. 45.23 

## • 14 C.F.R. 45.29 

## • 14 C.F.R. 61.23 

## • 14 C.F.R. 61.3 

## • 14 C.F.R. 61.113(a) & (b) 

## • 14 C.F.R. 61.133(a) 

# • 14 C.F.R. 91.7(a) 

# • 14 C.F.R. 91.9 

## • 14 C.F.R. 91.109(a) 

## • 14 C.F.R. 91.119 

## • 14 C.F.R. 91.121 

## • 14 C.F.R. 91.151(a) 

## • 14 C.F.R. 91.203 

## • 14 CFR Subpart E (91.401

- 91.417) Summarized for purposes ofFederal Register publication: Applicantseeks an exemption from the following rules: 14 C.F.R. Part21, 14 C.F.R. 45.23, 14 C.F.R. 45.29, 14 C.F.R. 61.23, 14 C.F.R. 61.3, 14 C.F.R., 1.113(a) 

### & (b), 14 C.F.R. 61.133(a}, 14 C.F.R. 91. 7(a}, 14 C.F.R. 91.9, 14 C.F.R. 91.109(a}, 14 C.F.R. 91.119, 14 C.F.R. 91.121, 14 C.F.R. 91.151 (a}, 14 C.F.R. 91.203, 14 CFR SubpartE (91.401- 91.417) to operate commercially and demonstrate a small unmanned vehicle (551bs or less) augmenting its currentoperations. Contact information forthe Applicant is: Matthew Davis, Wagner EquipmentCo. d.b.a. SITECH Rocky Mountain Mailing Address: 2420 Uravan St Aurora, CO 80011 Phone: 303-739-3134 Email: mdavis@sitechrockymtn.com The requested exemption would authorize SITECH Rocky Mountain to perform commercial operations thatwould enhance its existing Machine Control, Guidance, Estimation, and Surveying services, including but not limited to imaging for Precision Agriculture applications, Digital Terrain Modeling, Mine and Quarry applications, Infrastructure Reconnaissance, and General Construction. These services will be augmented by use ofanyorall ofthe following:The UX5, afixed wing UAVmanufactured by Trimble Navigation Limited ("Trimble") The UX5HP, afixed wing UAV manufactured by Trimble Navigation Limited ("Trimble") TheZX5, a hexcoptor UAV manufactured by Trimble Navigation Limited ("Trimble") DJI Phantom 2 DJI Phantom 3 DJI Inspire 1 3DRSolo 

### The requested exemption would authorize commercial operations and sales demonstrations using these UAVs for the aforementioned applications. These operations will be subject to strict operating and conditions defined by the UAV manufacturer's standards and procedures in order to ensure at least an equivalent level ofsafety to currently authorized operations using manned aircrafts. Upon receipt ofthe exemption contemplated herein, SRM shall, if required, obtain a Certificate ofWaiver orAuthorization (COA) form the FAAAirTraffic Organization priorto conducting operation(s). Further, the professional services to be augmented by the uses contemplated herein are performed under the supervision of Trimble Certified subject matter experts in heavy machinery, machine control, surveying, surveying software, construction, mining, and agriculture, whom, by virtue oftheir experience, licensing, and technical knowledge of GPS, inherently and uniquely make SRM a particularly well suited entity forthe safe and efficient commercial use of UAVs. By this petition, SRM seeks an exemption that will authorize it to use the aforementioned aircrafts for commercial purposes provided its operators comply with any terms and conditions of the FAAs anticipated grant of exemption, including the procedures and requirements set forth in the respective manufacturer's user manuals. SRM requests the FAAtreatthe Trimble user manual, as proprietary under 14 C .F .R. 11.3 5 (b) and not include such documents in the public docket. These manuals are, by reference, incorporated herein and are part of existing Petitions for Exemption under Section 333 of the FAA Reform Actand Part 11 ofthe Federal Aviation Regulations, identified as follows: Docket 

### ID:FAA-2014-0367 Petition of: Trimble Navigation Limited 

### for an exemption from portions of 14 C. P.R. Part21; DocumentType: 

### Other DocumentSubtype: 

### Petition(s) Status: 

### Posted Received Date: 

### May 30, 2014 Underthe requested exemption, SRM as operatorofthese aircraftswill ensurethatthey will be operated underthe directsupervision ofa Certified Pilot in Command (PIC) and by an individualwho has completed the UAV manufacturer's training program foroperation ofthe UAS. 1. CHARACTERISTICS OF THEAIRCRAFT 

### The aforementioned aircrafts are all small and light platformsthat perform precision aerial mapping missions using onboard GPS and related proprietaryflight managementsoftwarethat allows the operator to plan safely and efficiently a mission in 3D, and then monitor it in real-time. An embedded camera takes a collection ofhigh-definition still images that are used laterto generate photographs, maps and contour lines ofthe surveyed area. The four main characteristics ofthe UAVs are:

a. Very lightweight Thevehicles are lightenough thatthe operator can launch it by hand and let it land on almost any surfacewithout requiring a parachute or landing net (belly land). Their low kinetic energy also significantly reduces the risk ofhazardous situations.b. Electric-powered The UAVs are electric-powered. A brushless enginetechnology makes itsilent and reliable. The propellers can easilyflex away in case ofcontactwith any object.

c. Semi-automaticflight The artificial intelligence incorporated within the UAVs autopilot system continuously analyzes data from the Inertial Measurement Unit and from the onboard GPSand takes care ofall the aspects of the flight underthe supervision ofthe operator. d. Option for Manual control Additionally, the UAVs provide an override capabilitythat allowsthe operatorto manually initiate autonomous actions during the flight such as "return home", "land"or, "hold and resume the mission". The operator can also suspend automated operations and take manual control ofthe aircraftshould it become necessaryto respond emergency circumstances, thanksto the remote controller provided with the system.



### 2. APPLICATIONS AND ADDED VALUE OF THE UAVs Mapping applications may include agricultural applications, mining, construction and survey/GIS operations. There are many operational benefits related to the use ofthis solution:

a. Safety The UAVs bring safetyto dailysurvey operations: there is no need forthe humansto access dangerousworking areas anymore (mines, quarries, orpolluted sites). The missions can be programmed and reproduced reliably as often as needed for regularly updated maps. b. Cost The UAVs are acost-effective solution. It is cheaperto operate a UAS than an aircraftorother ground systems for the same results. Moreover, small UAS can helpAg businessesand farmers face the growing needs ofthe population while reducing operational costs. These UAVs also enablethe abilityto take up newchallenges -likewateror environmental managementthrough analysisof vegetation index maps.

c. Efficiency Users can savetime and work more efficiently by using a UAV. A mission does not need a long preparation time or long deploymentconstraints, or long waiting time for perfectweather conditions unlike, for example, the use ofsatellites. Initial results are accessible directly on-site, which is impossible with images provided by satellites or manned aircrafts.



### 3. APPLICABLE LEGAL STANDARD UNDERSECTION 333 Operating Conditions Grantofthe exemptionto SRM will be subjectto the following operating conditions. The operator proposed the following conditions and/or limitations, which were accepted by the FAA.1. The UAwill weigh less than 55 lbs. Operationswill be limited tothe aforementioned UAVs. Proposed operations ofany otheraircraftwill require an amendmentto the grant ofexemption contemplated herein. 2. Flights will be operated within visual line ofsight (VLOS) ofa Pilot in Command (PIC) and Visual Observer (VO). 3. Maximum total flighttime foreach operational flightwill be 40 minutes. Flightswill be terminated at25% battery power reserve should that occur priorto the 40 minute limit. 4. Flights will be operated at an altitude ofno morethan 400 feetAGL. 5. The UASwill only operatewithin a confined, preprogrammed survey area. 6. A briefing will be conducted in regard to the planned UAS operations priorto each day's flight mission. Itwill be mandatorythat all personnel who will be performing dutieswithin the boundaries ofthe safety perimeter be presentfor this briefing. 7. Pilot and observerwill have been trained in operation ofUAS generally and received upto-date information on the particular UAS to be operated as required in the respective the Manuals. The operator's manualwill be maintained and made availabletothe Administrator upon request. Ifa discrepancy exists between theconditions and limitations ofan exemption and the procedures outlined in the operator's manual, the conditions and limitations herein take precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in its operator's manual. Theoperatormay update or revise its operator's manual. It is the operator's responsibility to tracksuch revisions and present updated and revised documentsto theAdministrator upon request. The operator must also present updated and revised documents if it petitionsfor extension or amendment. Ifthe operatordeterminesthat any update or revision would affectthe basis forwhich the FAA granted this exemption, then the operator must petition foramendment totheirexemption. The FAA's UAS Integration Office (AFS-80) may be contacted if questions arise regarding updates or revisions to the operator's manual. 8. PIC and VO will atall times during flight be able to communicate. 9. Written and/ororal permission from the relevant property holderswill be obtained. 10. All required permissions and permitswill be obtained from territorial, state, county orcity jurisdictions, including local lawenforcement, fire, orotherappropriate governmental agencies. 11. Ifthe UAS loses communications or loses its GPS signal, the UASwill have capabilityto return to a pre-determined location within the Survey Area and land. 12. The UAS will havethe capabilityto abortaflight in case ofunpredicted obstacles or emergencies. 13. Priorto each flightthe PIC must inspectthe UAS to ensure it is in a condition for safe flight. Ifthe inspection reveals a condition thataffectsthe safe operation ofthe UAS, the aircraft is prohibited from operating until the necessary maintenance has been performed and the UAS is found to be in a condition for safeflight. The Ground Control Station, if utilized, must be included in the preflight inspection. All maintenance and alterations must be properly documented in the aircraft records.14. Any UAS that has undergone maintenance oralterations thataffectthe UAS operation or flight characteristics, e.g. replacementofaflight critical component, must undergo a functional testflight in accordancewith the operator's manual. The PIC who conducts the functional testflight must make an entry in the UAS aircraft records ofthe flight. The requirements and procedures for afunctional testflight and aircraft record entry must be added to the operator's manual. 15. The operator mustfollow the manufacturer's UAS aircrafUcomponent, maintenance, overhaul, replacement, inspection, and life limit requirements. When unavailable, aircraft maintenance/ component/ overhaul, replacement, and inspection/maintenance requirements must be established and identified in the operator's manual. Ata minimum, the following must be included in the operator's manual: i. Actuators ii. Transmission iii. Powerplant (motors) iv. Propellers v. Electronic speed controller vi. Batteries vii. Mechanical dynamiccomponents viii. Remote command and control

ix. Ground control station (if used) x. Any other components as determined by the operator 16. Ifplanned operations occurwithin 5 miles ofCommercial ServicesAirport as defined by the FAA, the operator must obtain an AirTraffic Organization (ATO) issued Certificate of WaiverorAuthorization (COA) priorto conducting any operations. This COA will also require the operatorto request a NoticetoAirman (NOTAM) not morethan 72 hours in advance, but not lessthan 48 hours priorto the operation. 17. All aircraftoperated in accordancewith this exemption must be identified by serial number, registered in accordance with 14 CFR part47, and have identification (N Number) markings in accordancewith 14 CFR part45, Subpart C. Markings must be as large as practicable. 18. The operator must develop procedures to documentand maintain a record ofthe UAS maintenance, preventative maintenance, alterations, status ofreplacement/overhaul component parts, and the total time in service ofthe UAS. The preflight inspection must accountforall discrepancies, i.e. inoperable components, items, orequipment, not covered in the relevant preflight inspection sections ofthe operator's manual. 19. Each UAS operated underthis exemption mustcomplywith all manufacturer Safety Bulletins. 20. Before conducting operations, the radio frequency spectrum used for operation and control ofthe UA must complywith the Federal Communications Commission (FCC) or other appropriate governmentoversightagency requirements. 21. The UA must remain clear and yield the right ofway to all other manned operations and activities atall times (including, but not limited to, ultralightvehicles, parachute activities, parasailing activities, hang gliders, etc.). 22. UAS operations may not be conducted during night, as defined in 14 CFR 

### § 1.1.All operations must be conducted undervisual meteorological conditions (VMC). Flights underspecial visual flight rules (SVFR) are notauthorized.23. The UAS cannot be operated by the PIC from any moving device orvehicle. 24. The UA may not be operated lessthan 500feet below or lessthan 2,000 feet horizontally from acloud orwhen visibility is less than 3 statute miles from the PIC. 25. The UA may not operate in Class B, C, or D airspacewithoutwritten approval from the FAA. The UA may notoperatewithin 5 nautical miles ofthe geographiccenter ofa nontowered airportas denoted on a current FAA-published aeronautical chart unless a letter ofagreement with thatairport's management is obtained, and the operation is conducted in accordance with a NOT AM as required by the operator's COA. The letterofagreement with the airport management must be made avaHable to the Administrator upon request. 26. Any 1) incident, 2) accident, or 3) flight operation thattransgresses the lateral orvertical boundaries ofthe operational area as defined by the applicable COA must be reported to the Federal Aviation Administration's (FAA) UAS Integration Office (AFS-80) within 24 hours. Accidents must be reported to the NationalTransportation Safety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov. Furtherflight operations may not be conducted until the incident, accident, ortransgression is reviewed by AFS80 and authorization to resume operations is provided. With this petition intended SRM will be able to provide safe, reliable and accurate services, demonstrations, and information to its clients with the use ofthe latest innovative technology associated with remotely piloted aircraft. Yourattention tothis request is appreciated. Respectfully submitted,

Matthew Davis Technology Product Sales Manager Wagner Equipment C ,, d.b.a SITECH Rocky Mountain

ANNEXA

EXEMPTION REQUEST AND EQUIVALENT LEVEL OFSAFETY SHOWINGS UNDERAPPLICABLE RULES SUBJECTTO EXEMPTION SRM requests an exemption from the following regulations as well as any additional regulations that may technically apply to the operation ofthe UAVs: 14C.F.R. Part 21, Subpart H: Airworthiness Certificates 14CFR

### § 91.203 Section 91.203 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 airworthinesscertificates as required by FAR 

### § 91.203(a). Given the size of the UAVs, their very light weight and the limited operating area associated with its utilization, it is unnecessary to go through the certificate of airworthiness process under Part21 Subpart H in orderto achieve orexceed 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 UAVs operated without an airworthiness certificate, under the conditions proposed in that exemption, will be at least as safe, or safer, than aconventional aircraftwith an airworthiness certificate. 

### 14C.F.R. §45.23 

### & 14 C.F.R. §45.29: Display ofmarks; size ofmarks 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 least2 inches high nearthe entrance to the cabin, cockpit, or pilot station. Given the size ofthe UAVs, this requirement is impossible to match. 

### 14C.F.R.'§ 61.23: Medical certificates: Requirementand duration Regulations provide thata person: (1) Must hold afirst-class medical certificate: When exercising the pilot-in-command privileges ofan airline transport pilotcertificate; When exercising the second-in-command privileges ofan airline transport pilot certificate in a flag orsupplemental operation in part 121 ofthis chapterthat requires three or more pilots; or When serving as a required pilot flight crewmember in an operation conducted underpart 121 ofthis chapter ifthe pilot has reached his or her60th birthday. (2) Must hold at leastasecond class medical certificate when exercising: Second-in-command privileges of an airline transport pilot certificate in part 121 of this chapter (otherthan operations specified in paragraph (a)( 1 )(ii) ofthis section); or Privileges ofa commercial pilot certificate Given the size ofthe UAVs, their structure, the limited flight area, and the safetyfeatures integrated in the autopilot (among others aflight termination system), SRM believes that an Equivalent Level ofSafety can be reached ifthe operator has avalid driver's license.



### 14C.F.R. 

### § 61.3: Requirements for certificates, ratings and authorizations 14C.F.R. 

### §§ 61.113(a) 

### & (b); 61.133(a): Private Pilot Privileges and Limitations; Pilot in Command; Commercial Pilot Privileges and Limitations The regulation provides that no person may serve as a required pilot flight crewmember ofa civil aircraft ofthe United States, unlessthat person:(1) Has a pilot certificate orspecial purpose pilot authorization issued underthis part in that person's physical possession or readily accessible in the aircraft when exercising the privileges ofthat pilot certificate or authorization. However, when the aircraft is operated within a foreign country, a pilot license issued by that country may be used. The regulation provides also that no person that holds a private pilot certificate may act as pilot in command of an aircraft for compensation or hire. Subparagraph (b) allows a private pilot to act as pilot in command of an aircraft in connection with any business oremployment if: Theflight is only incidental to that business or employment; The aircraft does notcarry passengers or propertyfor compensation orhire. Given the safety features ofthe UAVs and the fact that the missions are pre-programmed and monitored in real-time with a specific flight management software, SRM proposes that operators ofthe UAVs should not be required to hold acommercial or private pilot certification. Instead, operators should be required to: Have completed the UAV manufacturers training program for operation ofthe UAS. The manufacturer's training program for the Trimble UX5(HP) and ZX5 have been already satisfactorily reviewed through the Application for Airworthiness Qualification Level (AQL) 3Airworthiness Release (AWR). The equivalent level ofsafetywill be achieved by having an operatortrained through the UAV's manufacturer, and using the integrated features of the aircraftto maintain a high level ofsafety during the different missions. 

### 14C.F.R. 

### § 91.7(a): Civilaircraftairworthiness Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements forthe issuance of airworthiness certificates as required by FAR §91.203 (a) (1). Given the size and limited operating area associated with the aircraft to be utilized by the Applicant, an exemption from Part 21 Subpart H meets the requirements of an equivalent level ofsafety under Part 11 and Section 333 of the Reform Act. The Federal Aviation Act (49 U.S.C.§44701 (f)) and Section 333 ofthe 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 ofthe particular UAS. In all cases, an analysis of these criteria demonstrates that the UAS operated without an airworthiness certificate, in the restricted environment and under the conditions proposed will be at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate withoutthe restrictions and conditions proposed. 

### 14C.F.R. 

### § 91.9: Civil aircraftflight manual, marking, and placard requirements The equivalent level of safety will be achieved by keeping a hard copy of the user manual in close proximity to the operator. The equivalent level of safety will be provided by having the UAVs marked on its fuselage as required by§45.29(f) where the pilot, observerand others working with the UAVswill see the identification of the UAS as "Experimental." The FAA has issued the following exemptions to this regulation to Exemptions Nos. 10700, 8738, 10167 and 10167A. 

### 14C.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." 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 manufacturer's training program and through the use ofexperienced and qualified instructors familiar with the UAVs 

### 14C.F.R. 

### § 91.119: Minimum Safe Altitudes

### Section 91.119 establishes safe altitudes for operation of civil aircraft. The exemption requests authority to operate at altitudes up to 400 AGL, It will however be operated in a restricted area with security perimeter, where buildings and people will not be exposed to operations without their pre-obtained consent. The equivalent level ofsafety will be achieved given the size, weight, speed ofthe UAS as well as the location where it is operated. No flightwill be taken withputthe permission ofthe property owner or local officials. Compared to flight operations with aircraft weighing far more than those proposed herein and the lack offlammable fuel, any risk associated with these operations is far Jess than those presently presented with conventional aircraft. 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 ofthe departure airport or an appropriate altimeter setting available before departure." As the UAV may not have a barometric altimeter, but instead a GPS altitude read out, an exemption is requested. An equivalent level ofsafety will be achieved by the operator confirming the altitude ofthe launch site shown on the GPS altitude indicator before flight. 14C.F.R. 

### § 91.151(a): Fuel Requirementsfor Flight in VFR Conditions 

### The regulation provides that no person may begin a flight in an airplane under day-VFR conditions unless there is enough fuel to fly to the first point of intended landing and to fly afterthat for at least 30 minutes. As the UAVs are electric-powered, this requirement is inapplicable. In any event, given the contemplated operations, SRM believes that an equivalent level of safety is already achieved with the specific procedure preventing the UAVs accepting a take-off order is the battery level is below a given value. Moreover, the manufacturers have integrated low and critical battery level warnings and implemented a "return to home" action in these situations. 14C.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 atthe cabin or cockpit entrance so that itis legible to passengers or crew. An equivalent level of safety will be achieved by keeping these documents at the ground control point where the pilot flying the UAV will have immediate access to them, to the extent they are applicable to such UAV. The FAA has issued numerous exemptionsto this regulation. A representative sample ofother exceptions includes Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700.

14 C.F.R. Subpart E

### §§ (91.401- 91.417): Maintenance, Preventive Maintenance, and Alterations 

### The regulation provides that the operator is primarily responsible for maintaining the aircraft in an airworthy condition, including compliance with Parts 39 and 43. Paragraphs 91.407 and 91.409 require the aircraft to be "approved for return to service by a person authorized under 43.7" after maintenance and inspection. Section 91.409 requires an annual inspection for the issuance of an airworthiness certificate. Section 91.417 requires the owner or operator to keep records showing certain maintenance workthat has been accomplished by certificated mechanics, under Part 43, or licensed pilots and records ofapproval ofthe aircraftfor return to service.

### SRM proposes that the maintenance of the UAVs will be accomplished by the owner or the operator according to the manufacturers' user manual. Given that these section and Part43 apply only to aircraftwith an airworthiness certificate, these sections will not apply to the applicant Maintenance will be accomplished by the operator pursuant to the flight manual and operating handbook as referenced herein. An equivalent level of safety will be achieved because these small UAVs are very limited in size and will carry a small payload and operate only in restricted areas for limited periods oftime. Ifmechanical issues arise the UAV can land immediately and will be operating from no higher than 400 feet AGL. The operatorwill ensure that the UAS 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 mostfamiliarwith the aircraft and bestsuited to maintain the aircraft in an airworthy condition to providethe equivalent level ofsafety.