Petitioner. Docket No. FAA-2015-0103 

FAA Exemption No. 11368 

PETITION OF TOPCON POSITIONING SYSTEMS, INC. 

FOR AN AMENDMENT TO ADD AN UNMANNED AIRCRAFT SYSTEM (UAS) 

TO ITS EXEMPTION N0.11368 

DATE: June 11, 2015 

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E. Tazewell Ellett 

Patrick R. Rizzi 

Hogan Lovells US LLP 

555 13th Street, N.W. 

Washington, DC 20004 

Phone: 202-637-8644/-5659 

Fax: 202-637-5910 

tazewell.ellett@hoqanlovells.com 

patrick. rizzi@hoqanlovells. com 

COUNSEL FOR TOPCON POSITIONING SYSTEMS, INC. 
sections of the Federal Aviation Regulations ("FAR") so that TPS could commercially operate one or 

more small UAS for aerial surveying, product demonstration flights for potential customers, UAS 

product training for customers, and research and development for future product improvements 

related to these small UAS. On April 17, 2015, the FAA granted Exemption No. 11368 to TPS, 

thereby authorizing TPS to conduct commercial UAS operations for aerial data collection using the 

Sirius Basic and Sirius Pro UAS ("the Exemption"). 

Limitation No. 1 on the Exemption provides, in part, that "[p]roposed operations of any other 

aircraft will require a new petition or petition to amend this exemption." Accordingly, TPS 

respectfully requests an amendment to the Exemption so that TPS can operate an additional UAS 

model, the Falcon 8, under the Exemption. Specifically, TPS requests that Limitation No. 1 in the 

Exemption be revised to the following (additions underlined and deletion struck through): 

"1 . Operations authorized by this grant of exemption are limited to the Sirius Basic, 

aM-Sirius Pro, and Falcon 8 when weighing less than 55 pounds including payload. 

Proposed operations of any other aircraft will require a new petition or a petition to 

amend this exemption." 

Granting this requested amendment to the Exemption would not create a hazard to users of the 

National Airspace System or the public, nor would it pose a threat to national security. Moreover, it 

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y 

pects to the Sirius Basic and Sirius Pro UAS, which the 

Exemption already covers. It is a small UAS, with eight electrical, brushless motors. Its maximum 

take-off weight is less than seven pounds, and its maximum airspeed is less than 36 miles per hour. 

It has a number of safety features, including three safety modes if the data link is lost ("direct 

landing", "comehome straight", "comehome high"), redundant control links, triple redundant sensor 

data verification, and an automated pre-flight check, among others. TPS will use the Falcon 8 for 

the same purposes, aerial data collection, for which the FAA has already authorized TPS to operate 

the Sirius Basic and Sirius Pro UAS under the Exemption. 

The only amendment being sought in this Petition is to add "Falcon 8" to Limitation No. 1 and 

the list of UAS which TPS can operate under its Exemption. Importantly, TPS' operations with the 

Falcon 8 will be conducted under the same conditions and limitations set forth in the Exemption and 

according to the Falcon 8 Manuals. As with the Sirius Basic and Sirius Pro, these conditions and 

limitations collectively ensure that the Falcon 8 UAS operations under the Exemption will not 

adversely affect safety and will provide at least an equivalent level of safety to that provided by large 

manned aircraft operations performing the same functions, and by the regulations from which the 

Exemption granted relief. 

There has been no change in the conditions and limitations contained in the Exemption, or in 

the public interest and safety reasons that were the basis for granting the original Exemption. 

Accordingly, to the extent necessary, TPS refers the FAA to, and incorporates herein, its original 

petition for exemption filed in January 2015 in this docket for a listing of the regulations from which 

the petition sought an exemption, as well as the demonstrations of the public interest and equivalent 

level of safety justifying the original Exemption. 

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) (

g, 

part, a new UAS model 

the Trimble UX

5 hp) (

Trimble 

Amended Exemption"); and Exemption No. 11238A (May 7, 2015; Docket FAA-2014-0719) (adding 

four new UAS models) ("San Diego Gas & Electric Amended Exemption"). The rationales for the 

issuance of those amendments apply equally to this Petition for an amendment to add a single, 

similar UAS model to an existing exemption. 

3. PUBLICATION NOTICE OF THIS PETITION FOR AMENDMENT IS NOT NECESSARY. 

The requested amendment to add a single, similar UAS model to a current exemption would 

not set any new precedent. For that reason, there is no need for the FAA to issue a public notice of, 

or receive public comment on, this Petition, and any such public notice and comment would delay 

the processing of this Petition and negatively impact TPS' operations and ability to meet its changing 

operational needs. Therefore, good cause exists for the FAA to not publish a summary of this 

Petition in the Federal Register, as the FAA previously determined in the Burnz Eye View Amended 

Exemption, the Trimble Amended Exemption, and the San Diego Gas & Electric Amended 

Exemption. 

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Respectfully submitted, 

E. Tazewell Ellett 

Patrick R. Rizzi 

Hogan Lovells US LLP 

COUNSEL FOR TOPCON POSITIONING SYSTEMS, INC. 

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