HOGAN LOVELLS US LLP BEFORE THE FEDERAL AVIATION ADMINISTRATION Topcon Positioning Systems, Inc ., 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 \\ DC
-0268111000011

-6648891 v4 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

.HOGAN LOVELLS US LLP 1. BACKGROUND AND EXEMPTION REQUEST On January 14, 2015, Topcon Positioning Systems, Inc
.("TPS") petitioned the Federal Aviation Administration ("FAA"), pursuanttoSection 333 of the FAA Modernization and Reform Act of 2012 ("FMRA") and 14 C.F.R. §§ 11

.61(b), 11.63(a), and 11.81, for an exemption from certain sections of the Federal Aviation Regulations ("FAR") sothat TPS could commercially operate oneor moresmall UAS for aerial surveying, product demonstration flights for potential customers, UAS product training for customers, and research and development for future product improvements related tothese small UAS. On April 17, 2015, the FAA granted Exemption No. 11368 to TPS, thereby authorizing TPS toconduct commercial UAS operations for aerial data collection using the Sirius Basic and Sirius Pro UAS

(" the Exemption"). Limitation No. 1 onthe Exempt

i on provides,
in part,that

" [p]roposed operations
of anyother aircraft will require

anew petition or petition toamend this exemption." Accordingly, TPS respectfully requests anamendment
tothe Exemption sothat TPS can operateanadditional UAS model, the Falcon 8, under the Exemption. Specifically, TPS requests that Limitation No
.1in the Exemption be revised tothe following (additions underlined and deletion struck through): "1.Operations authorized by this grantof exemption arelimited tothe Sirius Basic

, aM- Sirius Pro

,and Falcon
8 when weighing less than 55 pounds including payload. Proposed operations
of anyother aircraft will require
anew petition ora petition to amend this exemption." Granting this requested amendment

tothe Exemption would notcreate
ahazard tousersof the National Airspace System orthe public, norwould

it poseathreat tonational security

.Moreover,

it 1\0C

-026811/000011

-664889

1v4HOGAN LOVELLS US LLP would not adversely affect safety, but rather would provide at least an equivalent level of safety to that provided by the regulations from which exemption

is sought. 2. THE PROPOSED AMENDMENT SHOULD BE GRANTED. The Falcon
8 is similar in many respects 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 operat

i ons 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. -2- \\ DC • 026811/000011

• 6648891 v4HOGAN LOVELLS US LLP Notably, the requested amendment

toadd aUAS model tothe Exemption

is fully consistent with other amended exemptions granted by the FAA toadd neworadditional UAS models. See, **~.**Exemption No
.11153A (April 29, 2015; Docket FAA-2014-0519) (adding the DJI S1000 and DJI Inspire UAS models) ("Burnz Eye View Amended Exemption"); Exemption No
.11110A (May 7 , 2015; Docket FAA-2014-0367) (adding,
in part,anewUAS model -the Trimble UX-5 hp) ("Trimble Amended Exemption

" ) ;and Exemption No
.11238A (May 7, 2015; Docket FAA-2014-0719) (adding four newUAS models) ("San Diego Gas & Electric Amended Exemption"). The rationales for the issuance of those amendments apply equally tothis Petition for anamendment

toadd a single, similar UAS model toan existing exemption

. 3. PUBLICATION NOTICE OF THIS PETITION FOR AMENDMENT

IS NOT NECESSARY. The requested amendment

toadd a single, similar UAS model toacurrent exemption would notset anynew precedent. For that reason,there is noneed for the FAA toissue a public notice of, orreceive public comment on,this Petition, and anysuch public notice and comment would delay the processing
of this Petition and negatively impact TPS' operations and ability tomeetits changing operational needs. Therefore, good causeexists for the FAA tonot publish
a summaryof this Petition
in the Federal Register, asthe FAA previously determined

in the Burnz Eye View Amended Exemption, the Trimble Amended Exemption, and the San Diego Gas & Electric Amended Exemption.

-3- \\ DC

·026811/000011

•6648891 v4HOGAN LOVELLS US LLP 4. CONCLUSION For the foregoing reasons, TPS respectfully requests that the FAA refrain from publishing

a summary of this Petition
in the Federal Register, and grant this Petition for an Amendment

to the Exemption without delay. Respectfully submitted, E. Tazewell Ellett Patrick R. Rizzi Hogan Lovells US LLP COUNSEL FOR TOPCON POSITIONING SYSTEMS, INC

. - 4 - \\ D C - 02681 11 000011 664889

1 v4