U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE 

Washington, DC 20590 

Filed with www.regulations.gov 

November 20, 2015 

Re: Petition for Exemption under Section 333 of the FAA Reform Act and Part 11 of the Federal 

Aviation Regulations 

Dear Madam, Sir, 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (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. Part 21 

• 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 of Federal Register publication: 

Applicant seeks an exemption from the following rules: 

14 C.F.R. Part 21, 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 Subpart E (91.401- 91.417) 

to operate commercially and demonstrate a small unmanned vehicle (551bs or less) augmenting its 

current operations. 

Contact information for the Applicant is: 

Matthew Davis, Wagner Equipment Co. 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 

that would 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 of any or all of the following: 
The UX5, a fixed wing UAV manufactured by Trimble Navigation Limited ("Trimble") 

The UX5HP, a fixed wing UAV manufactured by Trimble Navigation Limited ("Trimble") 

The ZX5, 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 of safety to currently authorized operations using manned aircrafts. 

Upon receipt of the exemption contemplated herein, SRM shall, if required, obtain a Certificate of Waiver 

or Authorization (COA) form the FAA Air Traffic Organization prior to 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 of their experience, 

licensing, and technical knowledge of GPS, inherently and uniquely make SRM a particularly well suited 

entity for the 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 FAA treat the 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 Act and Part 11 of the 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. Part 21; 

Document Type: Other 

Document Subtype: Petition(s) 

Status: Posted 

Received Date: May 30, 2014 

Under the requested exemption, SRM as operator of these aircrafts will ensure that they will be operated 

under the direct supervision of a Certified Pilot in Command (PIC) and by an individual who has 

completed the UAV manufacturer's training program for operation of the UAS. 

1. CHARACTERISTICS OF THE AIRCRAFT 

The aforementioned aircrafts are all small and light platforms that perform precision aerial mapping 

missions using on board GPS and related proprietary flight management software that 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 of high-definition still images that are used later to generate photographs, maps and contour 

lines of the surveyed area. 

The four main characteristics of the UAVs are: 

a. Very light weight 

The vehicles are light enough that the operator can launch it by hand and let it land on almost any 

surface without requiring a parachute or landing net (belly land). Their low kinetic energy also 

significantly reduces the risk of hazardous situations. 
b. Electric-powered 

The UAVs are electric-powered. A brushless engine technology makes it silent and reliable. The 

propellers can easily flex away in case of contact with any object. 

c. Semi-automatic flight 

The artificial intelligence incorporated within the UAVs autopilot system continuously analyzes data 

from the Inertial Measurement Unit and from the onboard GPS and takes care of all the aspects of 

the flight under the supervision of the operator. 

d. Option for Manual control 

Additionally, the UAVs provide an override capability that allows the operator to 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 of the aircraft should it 

become necessary to respond emergency circumstances, thanks to 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 of this solution: 

a. Safety 

The UAVs bring safety to daily survey operations: there is no need for the humans to access 

dangerous working areas anymore (mines, quarries, or polluted sites). The missions can be 

programmed and reproduced reliably as often as needed for regularly updated maps. 

b. Cost 

The UAVs are a cost-effective solution. It is cheaper to operate a UAS than an aircraft or other 

ground systems for the same results. Moreover, small UAS can help Ag businesses and farmers face 

the growing needs of the population while reducing operational costs. These UAVs also enable the 

ability to take up new challenges -like water or environmental management through analysis of 

vegetation index maps. 

c. Efficiency 

Users can save time and work more efficiently by using a UAV. A mission does not need a long 

preparation time or long deployment constraints, or long waiting time for perfect weather conditions 

unlike, for example, the use of satellites. Initial results are accessible directly on-site, which is 

impossible with images provided by satellites or manned aircrafts. 

3. APPLICABLE LEGAL STANDARD UNDER SECTION 333 

Operating Conditions 

Grant of the exemption to SRM will be subject to the following operating conditions. The operator 

proposed the following conditions and/or limitations, which were accepted by the FAA. 
1. The UA will weigh less than 55 lbs. Operations will be limited to the aforementioned 

UAVs. Proposed operations of any other aircraft will require an amendment to the grant 

of exemption contemplated herein. 

2. Flights will be operated within visual line of sight (VLOS) of a Pilot in Command (PIC) and 

Visual Observer (VO). 

3. Maximum total flight time for each operational flight will be 40 minutes. Flights will be 

terminated at 25% battery power reserve should that occur prior to the 40 minute limit. 

4. Flights will be operated at an altitude of no more than 400 feet AGL. 

5. The UAS will only operate within a confined, preprogrammed survey area. 

6. A briefing will be conducted in regard to the planned UAS operations prior to each day's 

flight mission. It will be mandatory that all personnel who will be performing duties within 

the boundaries of the safety perimeter be present for this briefing. 

7. Pilot and observer will have been trained in operation of UAS generally and received upto-date information on the particular UAS to be operated as required in the respective the 

Manuals. The operator's manual will be maintained and made available to the 

Administrator upon request. If a discrepancy exists between the conditions and limitations 

of an 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. The operator may update or 

revise its operator's manual. It is the operator's responsibility to track such revisions and 

present updated and revised documents to the Administrator upon request. The operator 

must also present updated and revised documents if it petitions for extension or 

amendment. If the operator determines that any update or revision would affect the basis 

for which the FAA granted this exemption, then the operator must petition for amendment 

to their exemption. 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 at all times during flight be able to communicate. 

9. Written and/or oral permission from the relevant property holders will be obtained. 

10. All required permissions and permits will be obtained from territorial, state, county or city 

jurisdictions, including local law enforcement, fire, or other appropriate governmental 

agencies. 

11. If the UAS loses communications or loses its GPS signal, the UAS will have capability to 

return to a pre-determined location within the Survey Area and land. 

12. The UAS will have the capability to abort a flight in case of unpredicted obstacles or 

emergencies. 

13. Prior to each flight the PIC must inspect the UAS to ensure it is in a condition for safe 

flight. If the inspection reveals a condition that affects the safe operation of the 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 safe flight. 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 or alterations that affect the UAS operation or 

flight characteristics, e.g. replacement of a flight critical component, must undergo a 

functional test flight in accordance with the operator's manual. The PIC who conducts the 

functional test flight must make an entry in the UAS aircraft records of the flight. The 

requirements and procedures for a functional test flight and aircraft record entry must be 

added to the operator's manual. 

15. The operator must follow 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. At a 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 dynamic components 

viii. Remote command and control 

ix. Ground control station (if used) 

x. Any other components as determined by the operator 

16. If planned operations occur within 5 miles of Commercial Services Airport as defined by 

the FAA, the operator must obtain an Air Traffic Organization (ATO) issued Certificate of 

Waiver or Authorization (COA) prior to conducting any operations. This COA will also 

require the operator to request a Notice to Airman (NOT AM) not more than 72 hours in 

advance, but not less than 48 hours prior to the operation. 

17. All aircraft operated in accordance with this exemption must be identified by serial 

number, registered in accordance with 14 CFR part 47, and have identification (N 

Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must be as 

large as practicable. 

18. The operator must develop procedures to document and maintain a record of the UAS 

maintenance, preventative maintenance, alterations, status of replacement/overhaul 

component parts, and the total time in service of the UAS. The preflight inspection must 

account for all discrepancies, i.e. inoperable components, items, or equipment, not 

covered in the relevant preflight inspection sections of the operator's manual. 

19. Each UAS operated under this exemption must comply with all manufacturer Safety 

Bulletins. 

20. Before conducting operations, the radio frequency spectrum used for operation and 

control of the UA must comply with the Federal Communications Commission (FCC) or 

other appropriate government oversight agency requirements. 

21. The UA must remain clear and yield the right of way to all other manned operations and 

activities at all times (including, but not limited to, ultralight vehicles, 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 under visual meteorological conditions (VMC). Flights 

under special visual flight rules (SVFR) are not authorized. 
23. The UAS cannot be operated by the PIC from any moving device or vehicle. 

24. The UA may not be operated less than 500 feet below or less than 2,000 feet horizontally 

from a cloud or when visibility is less than 3 statute miles from the PIC. 

25. The UA may not operate in Class B, C, or D airspace without written approval from the 

FAA. The UA may not operate within 5 nautical miles of the geographic center of a nontowered airport as denoted on a current FAA-published aeronautical chart unless a letter 

of agreement with that airport's management is obtained, and the operation is conducted 

in accordance with a NOT AM as required by the operator's COA. The letter of agreement 

with the airport management must be made ava Hable to the Administrator upon request. 

26. Any 1) incident, 2) accident, or 3) flight operation that transgresses the lateral or vertical 

boundaries of the 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 National Transportation Safety Board ( NTSB) 

per instructions contained on the NTSB Web site: www.ntsb.gov. Further flight operations 

may not be conducted until the incident, accident, or transgression 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 of the latest innovative technology associated 

with remotely piloted aircraft. 

Your attention to this 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 OF SAFETY SHOWINGS 

UNDER APPLICABLE RULES SUBJECT TO EXEMPTION 

SRM requests an exemption from the following regulations as well as any additional regulations that may 

technically apply to the operation of the UAVs: 

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 CFR § 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 airworthiness 
certificates 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 Part 21 Subpart H in order to achieve or exceed 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 a conventional aircraft with an airworthiness certificate. 

14 C.F.R. § 45.23 & 14 C.F.R. § 45.29: Display of marks; size of marks 

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 least 2 inches high near the entrance to the cabin, cockpit, or pilot station. Given the size of the UAVs, 

this requirement is impossible to match. 

14 C.F.R.'§ 61.23: Medical certificates: Requirement and duration 

Regulations provide that a person: 

(1) Must hold a first-class medical certificate: 

When exercising the pilot-in-command privileges of an airline transport pilot certificate; 

When exercising the second-in-command privileges of an airline transport pilot certificate in a 

flag or supplemental operation in part 121 of this chapter that requires three or more pilots; or 

When serving as a required pilot flight crewmember in an operation conducted under part 121 

of this chapter if the pilot has reached his or her 60th birthday. 

(2) Must hold at least a second class medical certificate when exercising: 

Second-in-command privileges of an airline transport pilot certificate in part 121 of this 

chapter (other than operations specified in paragraph (a)( 1 )(ii) of this section); or 

Privileges of a commercial pilot certificate 

Given the size of the UAVs, their structure, the limited flight area, and the safety features integrated in the 

autopilot (among others a flight termination system), SRM believes that an Equivalent Level of Safety can 

be reached if the operator has a valid driver's license. 

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

14 C.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 of a civil aircraft 

of the United States, unless that person: 
(1) Has a pilot certificate or special purpose pilot authorization issued under this part in that person's 

physical possession or readily accessible in the aircraft when exercising the privileges of that 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 or employment if: 

The flight is only incidental to that business or employment; 

The aircraft does not carry passengers or property for compensation or hire. 

Given the safety features of the 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 of the UAVs should 

not be required to hold a commercial or private pilot certification. Instead, operators should be required to: 

Have completed the UAV manufacturers training program for operation of the 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) 

3 Airworthiness Release (AWR). The equivalent level of safety will be achieved by having 

an operator trained through the UAV's manufacturer, and using the integrated features of 

the aircraft to maintain a high level of safety during the different missions. 

14 C.F.R. § 91.7(a): Civil aircraft airworthiness 

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the 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 of safety under Part 11 and Section 333 of the Reform Act. The 

Federal Aviation Act (49 U.S.C.§44701 (f)) 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 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 

without the restrictions and conditions proposed. 

14 C.F.R. § 91.9: Civil aircraft flight 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, observer and others working with the UAVs will 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. 

14 C.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 of experienced and qualified instructors familiar with 

the UAVs 

14 C.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 of safety will be achieved given the size, weight, speed of the UAS as well 

as the location where it is operated. No flight will be taken withput the permission of the property owner or 

local officials. Compared to flight operations with aircraft weighing far more than those proposed herein 

and the lack of flammable 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 of the 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 of safety will be achieved by the operator confirming the 

altitude of the launch site shown on the GPS altitude indicator before flight. 

14 C.F.R. § 91.151(a): Fuel Requirements for 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 after that 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. 

14 C.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 at the cabin or cockpit entrance so that it is 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 exemptions to this regulation. A representative sample of other 

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 

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. 
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 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 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 of time. If mechanical issues arise the UAV can land immediately and 

will be operating from no higher than 400 feet AGL. The operator will 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 most familiar with the aircraft and best suited to maintain 

the aircraft in an airworthy condition to provide the equivalent level of safety.