AFS

- 1 4

- 299

- E Exemption No. 11042 Regulatory Docket No. FAA

- 2014

- 0304

Mr. J onathan B. Hill Counsel for Trimble Navigation, Ltd. Cooley LLP 1299 Pennsylvania Avenue, NW, Suite 700 Washington, DC 20004

- 2400

Dear Mr. Hill :

This letter is to inform you that we have granted your request for an exemption . It explains the basis for our decision, desc ribes its effect, and lists the conditions and limitations.

The Basis for O ur Decision

By letter dated May 6 , 201 4 , you petitioned the Federal Aviation Administration (FAA) on

behalf of Trimble Navigation Limited ( Trimble ) for an exemption from § § 21.191(f), 21.195(a), 45.23(b), 91.9(b)( 2 ), 91.151 (a)

, 91.203(a) and (b) of Title 1 4, Code of Federal Regulations (14 CFR) to allow T r imble to operate the unmanned aircraft system (UAS) UX

- 5 in domestic operations consisting of research and development, crew training and market surveys associated with ground surveys

.

The FAA has determi ned that good cause exists for not publishing a summary of the petition

in the Federal Register because the requested exemption would not set a precedent, and any delay in acting on this petition would be detrimental to Trimble

.

The FAA has issued grants of exemption in circumstances similar in all material respects to those presented in your petition. In Grant of Exemption Nos. 2689F, 5745, 9720, 9783,

10167

, and 10673 (copies enclosed) , the FAA found that the issuance of an Airworthiness

Certificate for the purpose of market surveys was appropriate even though the prototype had2

not been manufactured in the United States, and that due to the small fuselage, a very limited area existed for placing identifying marks on an aircraft. The FAA found that reloca ting the identifying marks was in the public interest. The FAA also found that it was in the public interest to expand the fuel reserve authority to 10

- minutes and the grant of exemption provided a level of safety at least equal to that provided by the ru le.

We reviewed your reasons for requesting an exemption from 14 CFR §§ 91.9(b) (2) and 91.203(a) and (b ). Based on our review and consideration of FAA Memorandum subject “Interpretation regarding whether certain required documents may be kept at an unmann ed aircraft’s control station”, (copy enclosed) dated August 8, 2014, we find this relief not

necessary.

Having reviewed your reasons for requesting an exemption from §§ 21.191(f), 21.195(a), 45.23(b), and 91.151(a) , I find that

—

• they are similar in all m aterial respects to relief previously requested in the enclosed Grant of Exemption Nos. 2689F, 5745, 9720, 9783, 10167, and 10673;

• the reasons stated by the FAA for granting the enclosed Grant of Exemption Nos. 2689F, 5745, 9720, 9783, 10167, and 10673 als o apply to the situation you present; and

• a grant of exemption is in the public interest.

Our Decision

U nder the authority provided by 49 U.S.C. 106(f), 40113 and 44701, which the FAA Administrator has delegated to me, Trimble Navigation Limited is grante d an exemption from

14 CFR §§ 21.191(f), 21.195(a), 45.23(b), and 91.151 (a) to the extent necessary to allow

Trimble to operate the UX

- 5 for missions related to research and development, crew training and market surveys associated with ground surveys witho ut meeting the fuel requirements for
VFR, subject to the conditions and limitations described below.

Conditions and Limitations

1. This exemption is for the Trimble UX

- 5 only.

2. The word “ Experimental ” must be displayed on the aircraft to inform all parties of the aircraft’s overall operating status.

3. The petitioner may use 1

- inch (or smaller) lettering at the location specified in the petition.

4. This exemption is applicable for flights conducted under daylight hours in VFR conditions only.3

5. The exemption holder and Trimble members shall comply with the requirements of an approved pilot operating handbook and/or aircraft flight manual concerning minimum fuel quantity.

6. This exemption is not valid for operations outside the United States.

All flights must takeoff a nd land from the same airport with the appropriate aircraft flight manual readily available at that airport before takeoff and after landing. This exemption

terminates on August 31, 201 6 , unless sooner superseded or rescinded.

Sincerely,

/ s /

John Barba gallo Acting Deputy Director, Flight Standards Service