# ~~~~~ Instruments
& Supplies
7114 East Earll Drive, Scottsdale, AZ 85251 480-994-1306 • FAX 480-994-8337 • 800-272-0180

November 2, 2015

U. S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE Washington, DC 20590

Re: Existing Docket ID: FAA-2015-3173 Response for additional information dated October 15, 2015 Addendum: Summarv ProcessinR: ExemqtionReauest Under Section 333 of the FAA Reform Act and Part 11 of the Federal AviationRe2ulations Based Uqon Exemation 11110A Issued to Trimble Navi2ation Limited

Dear Sir or Madam:

Allen Associates, Inc ("Applicant") herewith applies for the issuance of an exemption under Section 333 of the FAA Modernization and Reform Act of 2012 ("Reform Act") based upon Exemption 11110 issued to Trimble Navigation Limited ("Trimble") on December 10, 2014, as amended on May 7, 2015 with issuance of Exemption 11110A in FAA Docket 2014- 0367.

The requested exemption would allow Applicant to operate the Trimble UX5 and Trimble UX5 HP aircraft manufactured by Trimble Navigation, or other Trimble aircraft approved for commercial operations under Exemptions 11110 and 11110A, as they may be amended in the future. Applicant notes that, in granted Exemption 11666 dated May 22, 2015, the FAA authorized use of the Trimble UX5 by a third party company under conditions like those in Exemption 11110A. 1

Applicant hereby confirms that it will accept the conditions in Exemptions 11110A and 11666.

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 reguest is identical to the already issued precedent, this request should aualifv for sumrnarv Drocessin2 as the FAA has alreadv arovided Dublic 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

Exemption No. 11666 to AeroView Services LLC (see Docket No. FAA-2015-0630).

FAA Docket No. FAA-2015-3173to 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. 2

In those cases, use of the proposed sUAV not only enhanced safety but also fulfilled the Secretary of Transpo'rtation's (the FAA Administrator's) responsibility to ". .. establish requirements for the safe operation of such aircraft systems in the national airspace system." Section 333(c) of the Reform Act.

The name and address of the applicant is:

Richard Gage, President Allen Associates Inc. 7114 E Earl Drive Scottsdale, AZ 85251 PH: (408) 994-1306 email: rgage@alleninst.com

Regulations from which the exemption is requested:

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. 91.119(c) 14 C. F. R. 91.121 14 C.F.R. 91.151(a)(1)(b) 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 submitted 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.

2 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), 11213 to Aeryon Labs, Inc. (see Docket No. FAA-2014-0642), and 11783 to Precision Design & Drafting, Inc (see Docket No. FAA-2015-0280)

FAA Docket No. FAA-2015-3173Reform Act § 333(a). Lastly, if the Secretary determines that such vehicles "may operate safely

in the national airspace system, the Secretary 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 Trimble UX5 and UX5 HP, each aircraft weigh less than 55 Ibs, 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 above ground level, as further explained, and only within line of sight. They will operate as set forth in the manuals attached hereto and made a part hereof. 5 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" 6 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 11666 and 11110A will provide an equivalent level of safety for the operation of the UX5 and UX5 HP. 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 Ibs., 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 Ibs. 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, therefore, will

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).
s Applicant has marked the manuals "CONFIDENTIAL" and separately submitted them. AppEicant requests that these manuals be maintained in confidence and not be placed in the public docket or otherwise disclosed to the public. As the information contained in the manuals includes trade secrets and commercial information that is confidential and not made available to the public, it is exempt from disclosure under the Freedom of Information Act, 5. U.S.C. § 552(b) and 14 C.F.R. Part 11. Should the FAA receive a request for access to these manuals, Applicant requests notification of such request prior to any action being taken by the FAA, as it may relate to the request. 6 Section 333(b) of the Reform Act.

3

FAA Docket No. FAA-2015-3173not 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 recreationa) pilot (icense, 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 Section 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 emissions associated with allowing battery powered sUAVs instead of turbine or gas powered aircraft.

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)(b), 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 Ibs. or less) in aerial surveys 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.

Best Regar ,

Richard Gage- President

FAA Docket No. FAA-2015-3173APPENDIX 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 inedical 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 Trimble craft will weigh fewer than 55 pounds, and it will not carry pilots, passengers, or cargo. The UX5/UX5 HP sUAV 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 remoteiy 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 individual 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 present 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 11666.
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 fiying 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.

FAA Docket No. FAA-2015-3173As 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 AGI, 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 rotorcraft 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 mode) 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 (aunch 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.

FAA Docket No. FAA-2015-3173Applicant 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 operations in Exemptions 2689F, 5745,10673, 10808 and Exemptions 11062, 11213, 11360, 11447 and 11666.

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 inechanical 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 FAA has granted exemptions for similar operations in Exemptions 11062, 11213, 11360, 11447 and 11666.

7

FAA Docket No. FAA-2015-3173