Scott Aschoff

CEO

OCEANdrive Capital Advisors

5188 Ocean Drive

Avalon NJ 08202

856-313-3654

The petitioner is requesting relief on the following regulations to improve 

the safety and reduce the response time of first responders.

Part 21 prescribes, in pertinent part, the procedural requirements for issuing 

and changing design approvals, productions approvals, airworthiness 

certificates, and airworthiness approvals.

Section 45.23(b) prescribes, in pertinent part, that when marks include only 

the Roman capital letter “N” and the registration number is displayed on 

limited, restricted or light- sport category aircraft or experimental or 

provisionally certificated aircraft, the operator must also display on that 

aircraft near each entrance to the cabin, cockpit, or pilot.

Section 61.113(a) and (b) prescribe that—

(a) no person who holds a private pilot certificate may act as a pilot in 

command of an aircraft that is carrying passengers or property for 

compensation or hire; nor may that person, for compensation or hire, act as 

pilot in command of an aircraft.

(b) a private pilot may, for compensation or hire, act as pilot in command of 

an aircraft in connection with any business or employment if:

(1) The flight is only incidental to that business or employment; and

(2) The aircraft does not carry passengers or property for compensation or 

hire.

Section 61.133(a) prescribes, in pertinent part, that a person who holds a 

commercial pilot certificate may act as pilot in command of an aircraft: (i) 

Carrying persons or property for compensation or hire, provided the person 

is qualified in accordance with this part and with the applicable parts of this 

chapter that apply to the operation; and (ii) For compensation or hire, 

provided the person is qualified in accordance with this part and with the 

applicable parts of this chapter that apply to the operation.
Section 91.7(a) prescribes that no person may operate a civil aircraft unless 

it is in an airworthy condition. 

Section 91.7(b) prescribes that the pilot in command of a civil aircraft is 

responsible for determining whether that aircraft is in condition for safe 

flight. The pilot in command shall discontinue the flight when unairworthy 

mechanical, electrical, or structural conditions occur.

Section 91.9(b)(2) prohibits operation of U.S.-registered civil aircraft unless 

there is available in the aircraft a current approved Airplane or Rotorcraft 

Flight Manual, approved manual material, markings, and placards, or any 

combination thereof.

Section 91.109(a) prescribes, in pertinent part, that no person may operate a 

civil aircraft (except a manned free balloon) that is being used for flight 

instruction unless that aircraft has fully functioning dual controls.

Section 91.119 prescribes that, except when necessary for takeoff or landing, 

no person may operate an aircraft below the following altitudes:

(a) Anywhere. An altitude allowing, if a power unit fails, an emergency 

landing without undue hazard to persons or property on the surface.

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(b) Over congested areas. Over any congested area of a city, town, or 

settlement, or over any open air assembly of persons, an altitude of 1,000 

feet above the highest obstacle within a horizontal radius of 2,000 feet of the 

aircraft.

(c) Over other than congested areas. 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.

(d) Helicopters, powered parachutes, and weight-shift-control aircraft. If the 

operation is conducted without hazard to persons or property on the 

surface—

(1) A helicopter may be operated at less than the minimums prescribed in 

paragraph (b) or (c) of this section, provided each person operating the 

helicopter complies with any routes or altitudes specifically prescribed for 

helicopters by the FAA; and

(2) A powered parachute or weight-shift-control aircraft may be operated at 

less than the minimums prescribed in paragraph (c) of this section.

Section 91.151(a) prescribes that no person may begin a flight in an airplane 

under visual flight rules (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 [emphasis added].

Section 91.203(a) prescribes, in pertinent part, that no person operate a civil 

aircraft unless it has within it (1) an appropriate and current airworthiness 

certificate; and (2) an effective U.S. registration certificate issued to its 

owner or, for operation within the United States, the second copy of the 

Aircraft registration Application as provided for in § 47.31(c).

Section 91.203(b) prescribes, in pertinent part, that no person may operate a 

civil aircraft unless the airworthiness certificate 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.

Section 91.319(a)(1), Aircraft having experimental certificates: Operating 

limitations, prescribes in pertinent part that no person may operate an 

aircraft that has an experimental certificate for other than the purpose for 

which the certificate was issued.

Section 91.405(a) requires, in pertinent part, that an aircraft operator or 

owner shall have that aircraft inspected as prescribed in subpart E of the 

same part and shall, between required inspections, except as provided in 

paragraph (c) of the same section, have discrepancies repaired as prescribed 

in part 43 of the chapter.

Section 91.407(a)(1) prohibits, in pertinent part, any person from operating 

an aircraft that has undergone maintenance, preventive maintenance, 

rebuilding, or alteration unless it has been approved for return to service by a 

person authorized under § 43.7 of the same chapter.

Section 91.409(a)(2) prescribes that no person may operate any aircraft 

unless, within the preceding 12 calendar months, it has had an inspection for 

the issuance of an airworthiness certificate in accordance with part 21 of this 

chapter.

Section 91.417(a) prescribes, in pertinent part, that—

(a) Each registered owner or operator shall keep the following records for 

the periods specified in paragraph (b) of this section:

(1) Records of the maintenance, preventive maintenance, and alteration and 

records of the 100-hour, annual, progressive, and other required or approved 
inspections, as appropriate, for each aircraft (including the airframe) and 

each engine, propeller, rotor, and appliance of an aircraft. The records must 

include—

(i) A description (or reference to data acceptable to the Administrator) of 

the work performed; and

(ii) The date of completion of the work performed; and

(iii) The signature, and certificate number of the person approving the 

aircraft for return to service.

(2) Records containing the following information:

(i) The total time in service of the airframe, each engine, each propeller, and 

each rotor.

(ii) The current status of life-limited parts of each airframe, engine, 

propeller, rotor, and appliance.

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(iii) The time since last overhaul of all items installed on the aircraft which 

are required to be overhauled on a specified time basis.

(iv) The current inspection status of the aircraft, including the time since the 

last inspection required by the inspection program under which the aircraft 

and its appliances are maintained.

(v) The current status of applicable airworthiness directives (AD) and safety 

directives including, for each, the method of compliance, the AD or safety 

directive number and revision date. If the AD or safety directive involves 

recurring action, the time and date when the next action is required.

(vi) Copies of the forms prescribed by § 43.9(d) of this chapter for each 

major alteration to the airframe and currently installed engines, rotors, 

propellers, and appliances.

The petitioner has provided or will provide the following information via 

hyperlinks– contained in its petition and proprietary supporting 

documentation: 1) Trimble UX5 Safety Checklist, 2) Training Manual, 3) 

UX5 Maintenance and Inspection Manual, and 4) Trimble UX5 Aerial 

Imaging Solution User Guide (User Guide), – in support of its exemption 

request. 

The petitioner will submit additional information 1) FAA Experimental 

Airworthiness Certificate for its UX5, and 
The petitioner states that given the size, weight, speed, and limited operating 

area associated with the aircraft to be utilized by the applicant, an exemption 

from 14 CFR part 21, Subpart H (Airworthiness Certificates), subject to 

certain conditions and limitations, is warranted and meets the requirements 

for an equivalent level of safety under 14 CFR part 11 and Section 333 of 

P.L. 112-95 (Section 333). 

The petitioner states that the unmanned aircraft (UA) to be operated under 

this request is a fixed-wing aircraft, weighs less than 6 pounds fully loaded, 

flies at a maximum speed of no more than 74.5 knots indicated airspeed 

(KIAS), and a cruise speed of 49 KIAS, carries neither a pilot nor passenger, 

carries no flammable fuels, and operates exclusively within a pre-disclosed 

area. Operations under this exemption will be tightly controlled and 

monitored by both the operator and local public safety requirements.

In addition, the UX5 has a semi-autonomous navigation and control system 

comprised of a Ground Control Station (GCS) and auto-pilot system. All 

flights are pre-programmed with precise global positioning system (GPS) 

guidance and do not require human intervention. 

The flight mission area and routing cannot be changed after launch. Flights 

are not directed by positive manual control by the operator, nor are evasive 

maneuvers. In the case of unplanned events, the operator inputs preprogrammed evasive maneuvers from the GCS and the UX5 executes that 

maneuver. Pre-programmed operator interventions include diversion to the 

right; initiation of holding at present position; suspension of mission; fly 

back to launch point; fly to point and hold; abort mission and land; and 

emergency power cut off and land.

Additional automated safety functions and safety enhancing features of the 

UX5 include: a. Auto-pilot detection of lost GPS or of insufficient satellites 

initiates an immediate spiral landing; b. Low power on the aircraft triggers 

escalating alarms at GCS at 35% and 10% levels; c. If the auto-pilot detects 

a lost-link to the GCS for longer than 30 seconds, landing

procedure begins; d. The UX5 is inherently unstable; auto-pilot failure will 

result in a rapid exit from flight; e. The UX5 has an on-board fail safe that 

limits speed of a dive to no more than 14 m/s; f. The UX5 weighs less than 

6 pounds and is constructed of EPP foam or similar

material which is intended to absorb impact energy; and g. The UX5’s 

motor is driven by a pulse width modulated signal, not an analog signal.
Regarding the display of appropriate aircraft markings (14 CFR 45.23), the 

petitioner states that the UX5 has no entrance to the cabin, cockpit, or pilot 

station on which the word “experimental” can be placed. Further, given the 

size of the UA, two-inch lettering would be impossible. The petitioner states 

that an equivalent level of safety will be achieved by having the UX5 

marked on its forward fuselage as required by § 45.23(f) where the pilot, 

observer and others working with the UA will see the identification of the 

UAS as “experimental.”

The petitioner states that maintenance of the UX5 will be accomplished by 

the owner/operator in accordance with the UX5 Maintenance & Inspection 

Manual. The UAS is small in size, carries no external payload, and is not a 

complex mechanical aeronautical device. 

Furthermore, the petitioner states that the UX5 operator will attend a 

manufacturer’s training program, is the most familiar with the UX5, and is 

best suited to maintain the aircraft in an airworthy condition. 

Additionally, the UX5 Maintenance & Inspection Manual contains 

procedures for periodic inspections and replacement intervals for UX5 

airframe and component parts, including instructions for the performance of 

inspections, maintenance and record keeping. 

Other companies have been issued an FAA Special Airworthiness Certificate 

in the Experimental Category for the UX5. The UX5 has accumulated more 

than 200 registered test flights and more than 475 registered production 

flights, amounting to a total of more than 170 flight hours of testing.

UAS Pilot In Command (PIC).

The petitioner asserts that operators of the UX5 should not be required to 

hold a commercial or private pilot certification and the petitioner notes that 

unlike a conventional aircraft that carries a pilot, passengers, and cargo, the 

UX5 is remotely controlled with no passengers or property of others on 

board. The petitioner proposes that operator requirements should take into 

account the characteristics of the particular UAS. The petitioner states that 

the UX5 has a high degree of pre-programmed control and various built-in 

technical capabilities that strictly limit the potential for operation outside of 

the operating conditions set forth in its petition for exemption.
The petitioner states that given the UX5 safety features, it proposes that the 

operators of the UX5 should be required to (1) have successfully completed 

FAA private pilot ground instruction and passed the FAA Private Pilot 

written examination or FAA-recognized equivalents; and (2) have will 

successfully complete the manufacturer’s training program for operation of 

the UAS which has been approved by the FAA through its Special 

Airworthiness Certificate process.

The petitioner notes that the FAA has found that safety factors permitted 

operation of UASs by operators with these qualifications in the case of 

operations pursuant to public COAs when the mandatory operating 

conditions specified above were present. The petitioner argues that given 

these conditions and restrictions, an equivalent level of safety will be 

provided by allowing operation of the UX5 without a private pilot’s 

certificate or a commercial pilot’s certificate.

The petitioner also believes the FAA has the statutory authority to grant 

exemptions to the requirements for, and privileges associated with, the grant 

of airmen’s certificates and then references 49 USC § 44701 (f).

UAS Operating Parameters.

The petitioner notes that the UX5 will be restricted to an altitude of 400 feet 

above ground level (AGL) and will occur in Class G airspace. The petitioner 

states that all operations will occur during daylight hours and the FAA will 

have advance notice of all operations through the filing of notices-to-airmen 

(NOTAMs). 

The petitioner asserts that all operations will avoid congested or populated 

areas. The petitioner further asserts all operations will be conducted over 

private, public and controlled access property. The petitioner notes that it 

will obtain permission from land owner/controller prior to the beginning of 

every flight when filming. All operations will occur under Visual Flight 

Rules Meteorological Conditions (VMC) only. 

The petitioner asserts that the size of the aircraft, the lack of flammable fuel, 

and the fact that the aircraft is carried to the location and not flown there all 

establish the equivalent level of safety. The petitioner states that the UX5 

construction with energy absorbent material provides at least an equivalent 

level of safety compared to operations being conducted with conventional 
aircraft that would be orders-of-magnitude larger and would be carrying 

passengers, cargo, and flammable fuel.

With respect to the fuel requirements, the petitioner notes that, in order to 

meet the 30 minute reserve requirements in 14 CFR 91.151, UAS flights 

would have to be limited to approximately 20 minutes. The petitioner states 

that limiting UX5 flights to 20 minutes would greatly reduce their utility. 

The petitioner argues that, given the limitations on the UA’s proposed 

operations and the location of those proposed operations, a longer time 

frame for flight in daylight VFR conditions is reasonable. The petitioner 

believes that an equivalent level of safety can be achieved by maintaining 10 

minutes of reserve fuel, which, allowing 40 minutes of flight time, would be 

more adequate to return the UAS to its planned landing zone from anywhere 

in its operating area.

Public Interest:

The petitioner states that approval of the exemption allowing commercial 

operations of the UX5 will enhance safety by reducing risk and providing 

environmental benefits and thus is in the public interest. Conventional aerial 

operations for motion picture or television operations, monitor rail line 

activities, commercial pipeline activities, to conduct it own research and to 

develop economic platforms for law enforcement, first responders and 

search and rescue in the southern half of New Jersey, using jet or pistonpowered aircraft present risks associated with aircraft that weigh in the 

neighborhood of 5,000 to 7,000 pounds or more, carry large quantities of 

fuel, passengers, and, in some cases, cargo. Such aircraft must fly to and 

from the survey location.

In contrast, a UX5 weighs less than 6 pounds and is powered by batteries 

eliminating a portion of that risk given the reduced mass and lack of 

combustible fuel carried on board. Further, the

UX5 will perform operations for motion picture or television operations, 

monitor rail line activities, commercial pipeline activities, to conduct it own 

research and to develop economic platforms for law enforcement, first 

responders and search and rescue in the southern half of New Jersey

location, not flown there; it will carry no passengers and thus will not expose 

any individuals to the risks associated with manned aircraft flights. Thus, the 

petitioner states it is in the public interest to grant this petition.
In the past NAAA has stated that the UX5 is designed to operate with preprogrammed GPS guidance and does not require human intervention and 

according to the application, the aircraft’s mission area and routing cannot 

be changed after launch. NAAA further stated that if an unplanned event 

occurs, the operator inputs pre-programmed evasive maneuvers into the 

control unit and asserted that the pilot/operator of the UX5 may become less 

vigilant and complacent since he or she has no piloting duties to perform 

during normal flight operations.

Certificate of Waiver or Authorization (COA) to address airspace 

requirements and notification. Further detail is contained in the analysis of 

the UAS operating parameters below.

NAAA commented that the UA should have assigned numbers that can be 

read from a suitable distance to aid in identification when enforcement of 

flight regulations is required. The FAA partially agrees with NAAA. The 

UA operated under this exemption will be marked in accordance with 14 

CFR part 45 or as otherwise authorized by the FAA. Further detail is 

contained in the analysis of the UAS below.

The Petitioners analysis is as follows:

Unmanned Aircraft System (UAS)

The petitioner is requesting relief from 14 CFR part 21. In accordance with 

the statutory criteria provided in Section 333 of P.L. 112-95 in reference to 

49 USC § 44704, and in consideration of the size, weight, speed, and limited 

operating area associated with the aircraft and its operation, T

The petitioner concludes the UX5 aircraft and its operation was subject to a 

comprehensive safety risk assessment by the FAA in the past, and as part of 

that process, and it was determined that the UAS could be operated safely 

subject to certain operating limitations to ensure the safety of persons, 

property, and other aircraft in the NAS. 

These operating limitations prescribed as part of the experimental 

airworthiness certification process that are appropriate and necessary to 

ensure safety will be included in the exemption conditions and limitations.
Manned aircraft conducting aerial surveying, monitoring and saftey

operations can weigh 5,000 to 7,000 lbs. or more and are operated by an 

onboard pilot, in addition to other onboard crewmembers, as necessary. 

The petitioner’s UA will weigh less than 6 lbs. The pilot and crew will be 

remotely located from the aircraft. The limited weight and construction with 

impact absorbent materials significantly reduces the potential for harm to 

persons or damage to property in the event of an incident or accident. The 

risk to an onboard pilot and crew during an incident or accident is eliminated

with the use of a UAS for the aerial surveying operation.

Manned aircraft are at risk of fuel spillage and fire in the event of an incident 

or accident. The UX5 carries no fuel and therefore the risk of fire following 

an incident or accident due to fuel spillage is eliminated.

The petitioner’s UAS has the capability to operate safely after experiencing 

certain in-flight contingencies or failures and uses an auto-pilot system to 

maintain UAS stability and control. The UAS is also able to respond to a 

loss of GPS or a lost-link event with a pre-coordinated, predictable, 

automated flight maneuver. These safety features provide an equivalent level 

of safety compared to a manned aircraft holding a restricted airworthiness 

certificate performing a similar operation.

The petitioner’s represents the Maintenance and Inspection Manual, Safety 

Checklist, and User Guide contain sufficient information for the preparation 

and care of UX5 equipment; the petitioner’s extensive UX5 flight testing 

further validates these procedures before the first commercial flight.

Thank you for your consideration,

Scott Aschoff