I Dowlohnes

Dow Lohnes PLLC

Attorneys at Law

www.dowlohnes.com

November 14,2012

U. S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

from 14 21.1

91.9 (b) (2) and 91.203 (a) and fb)

Dear Sir or Madam:

Trimble Navigation Limited ("Trimble") has applied for two Special Airworthiness

Certificates, Experimental, for an Unmanned Aircraft System ("UAS"ithat it produces through

its indirect subsidiary Gatewing NV., a Belgium company. The Gatewing Unmanned Aircrañ

System ("UAS") will be registered in the name of Trimble, a U.S. ro-p*y and a U.S. citizen.

As part of the application process, Trimble is petitioning the Federal ,qviation Administration,

Office of Rulemaking for an exemption covering the listed regulations. Trimble notes that

similar exemptions have been granted for other UAV/UASs. The X-100 has operated for over

370 hours without significant incident in Europe and other countries around the world.

Trimble's UAS weighs less than 5 lbs. and literal compliance with the requirements of parts

45.3,91.9 and 91.203 would be physically impossible. Relief from Part it.t}tlj would not

result in any denigration to safety and would allow Trimble to operate its UAS, as all U.S.- built

experimental aitcraft., to conduct market surveys, sales demonstrations and customer crew

training.

The name and address of the applicant is:

Trimble Navigation Limited

935 Stewart Drive

Sunnyvale, California 9 408 5 -39 19

Attn: James Kirkland

Ph:408-481-8930

Fax:408-481-7780

Email j im_kirkland@trimble. com

The specific sections for which an exemption is requested are as follows:

Re:

Jonathan B. Hill

D zoz.776.z7z5 E jhill@dowtohnes.com

12oo New Hampshire Avenue, NW Suite 8oo

Washington, DC 20036.68cz

I zoz.776.zooo F 202,776z222

WASHTNGToN, DC I Arr-¡¡rr¡, GA
U.S. Department of Transportation

November 14,2012

Page2

14 C.F.R. $21.191(Ð and 21.195 (a).

These regulations allow the holder of a U.S.-built aircraft operating under an

experimental certificate to use the aircraft for:

Market surveys. Use of aircraft for purposes of conducting market surveys, sales

demonstrations, and customer crew training only as provided in g21.195. (21. l9l (Ð).

This use is limited by 14 C.F.R.$21.191 (Ð to aircraft built in the U.S. and therefore

prohibits such us by foreign manufactured aircraft.

The X-100 UAS is manufactured in Belgium. On April 5, 2\l2,Trimble AB, a Swedish

subsidiary company of Trimble Navigation Limited, acquired all of the outstanding shares of

Gatewing NV, a company formed under the laws of Belgium. Gatewing NV is now a wholly

owned subsidiary of Trimble AB. Gatewing manufactures the X-l00. The X-l00, which

weights 4.4Lbs., has completed over 1,120 flights, logging more than 370 hours of flight time.

The limited operations allowed under 14 CFR $21.191 (a) -(Ð are further limited for foreign

manufactured aircraft. Given the scope of the operations that are allowed under $2 1 . I 9 I , and

that are further limited by $2 I . 1 95(a), Trimble believes that an expansion of permissible

operations to allow the same scope of operations for its UAS as U.S.-built aircraft is both safe

and within the scope of prior exemptions granted by the FAA. As the FAA works on new

regulations for UASs, having the ability to use the X-100 for sales demonstrations and customer

crew training is important to the development of the UAS industry in the U.S. and Trimble's

product, to the economic growth and growth ofjobs in the U.S.

The equivalent level of safety will be provided by both the flight hours already logged

without incident and Trimble's receiving its Special Airworthiness Certificate, Experimental

(SAC) and operating in compliance with the requirements and limitations of the SAC. In all

respects, Trimble's UAS will operate under exactly the same regulatory conditions and

requirements imposed on U.S. manufacturers. The FAA has issued the following exemptions to

this regulation: Exemption Nos. 6694,970,9793, g7g3{.

14 C.F.R. $as;23 (b).

That regulation requires:

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 airuaft near each entrance to the cabin, cockpit, or pilot station, in letters
U.S. Department of Transportation

November 14,2012

Page 3

not less than2 inches nor more than 6 inches high, the words "limited,"

"restricted," "light-sport," "experimental," or "provisional," as applicable.

The X-100 UAV has no entrance to the cabin, cockpit or pilot station on which the word

"Experimental" can be placed. Given the size of the UAV, two inch lettering will be impossible.

The word "Experimental" will be placed on the forward fuselage in compliance with $45.29 (Ð.

The equivalent level of safety will be provided by having the UAV marked on its forward

fuselage as required by $45.29 (f) where the pilot, observer a¡rd others working with the UAV

will see the identification of the UAS as o'Experimental". The FAA has issued the following

exemptions to this regulation: Exemption Nos. 8738, 10167 and 101674.

14 C.F.R. $e1.9 (b) (2).

The regulation requires:

No person may operate a U.S.-registered civil aircraft ...

(2) For which an Airplane or Rotorcraft Flight Manual is not required by

$21.5 of this chapter, 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.

The X-100 fully loaded weighs 4.4 lbs. As such, there is no ability or place for such

flight manual to be carried on the aircl:aft, not only because there is no pilot on board, but there is

no room or capacity to carry such an item on the aircraft.

The equivalent level of safety will be maintained by keeping the flight manual at the

ground control point where the pilot flying the X-100 will have immediate access to it. The FAA

has issued the following exemptions to this regulation: Exemption Nos. 8607,8737,8738, 9299,

9299A, 9565,95658, 10167 , 10167 A, 10602,32927 .

14 C.F.R. $91.203 (a) and (b).

The regulation requires in pertinent part:

(a) Except as provided in $ 91.715, no person may operate a civil aircraft

unless it has within it the following:

(1) An appropriate and current airworthiness certificate. [omission]

(b) No person may operate a civil aircraftunless the airworthiness certificate

required by paragraph (a) of this section or a special flight authorization issued

passengers or crew.
U.S. Department of Transportation

November 14,2012

Page 4

The X-l00 fully loaded weighs 4.4lbs. As such, there is no ability or place to carry

certification and registration documents and to display them on the UAS. In addition there is no

pilot on board the aircraft.

The equivalent level of safety will be maintained by keeping these documents at the

ground control point where the pilot flying the X-100 will have immediate access to them. The

FAA has issued mrmerous exemptions to this regulation. A representative sample includes:

Exemption Nos. 9565, 9665, 97 89, 97 89 A, 97 97, 97 97 A, 98 I 6A.

Trimble will operate the UAS (X-100) in the U.S. for missions related to research and

development, crew training and market surveys associated with ground surveys. The results of

these operations will contribute to the public safety and the development of ground survey

techniques and procedures for UAS operations in and outside of the u.S.

Trimble believes, pursuant to 14 C.F.R. $ 1 1.87, that the grant of this exemption request

does not need to be published in the Federal Register as similar exemptions, as listèd abovã, have

been granted frequently in the past to those who have applied for Special Airworthiness

Certificates, Experimental for UASs, and the grant will not set a precedent. Additionally,

Trimble asks that the FAA waive any and all time requirements for notice and comment on this

exemption request.

Should you have any questions or need further information please feel free to contact the

undersigned.

B. Hill

Counsel for Trimble Navigation Ltd.

cc: James Kirkland

George Southard

Michael Maes