UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC

Regulatory Docket No. _______________

IN THE MATTER OF THE PETITION FOR EXEMPTION OF:

GATEWAY GEOSPATIAL, LLC

FOR AN EXEMPTION SEEKING RELIEF FROM T HE REQUIREMENTS OF TITLE

14 OF THE CODE OF FEDERAL REGULATION S SECTIONS 61.23(a) & (c),

61.101(e)(4) & (e)(5), 61.113(a)

, 61.315(a), 91.7(a), 91.119(c), 91.121

, 91.151( a ) (1)

, 91.405(a),

91.407(a)( 1), 91.409(a)(1) & (a)(2), AND 91.417(a) & (b) CONCERNING CO MMERCIAL

OPERATION OF TRIMBLE GATEWING X

- 100 UNMANNED AIRCRAFT SYSTEM

AND THE AIRCRAFT APPROVED BY THE SECRETARY OF THE

DEPARTMENT OF TRANSPORTATION FOR OPERATION UNDER

SECTION 333 PURSUANT TO SECTION 333 OF THE

F AA MODERNIZATION AND REFORM ACT OF 2012 ( PUBLIC LAW 112

- 95 )

Submitted on December 1 6

, 201 5

G REGORY S

. W INTON

, E SQ

. T HE A VIATION L AW F IRM

1997 Annapolis Exchange Parkway

Suite 300

Annapolis, Maryland 21401

Tel: (301) 294

- 8550

Fax: (866) 568

- 9886

Attorney for Petiti oner2 TABLE OF CONTENTS

Page

GLOSSARY OF ABBREVIATIONS

................................ ................................ ................. 3

SUMMARY

................................ ................................ ................................ ......................... 4

INTRODUCTION AND INTERESTS OF PETITIONER

................................ ................. 4

BACKGROUND

................................ ................................ ................................ ................. 5

BASIS FOR THE PETITION

................................ ................................ .............................. 6

NAME AND ADDRESS OF THE PETITIONER

................................ ........................ 6

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH GATEWAY

GEO SPATIAL , LLC SEEKS EXEMPTION

................................ ................................ 7

THE EXTENT OF RELIEF GATEWAY GEOSPATIAL , LL C SEEKS AND THE

REASON GATEWAY GEOSPATIAL , LLC SEEKS THE RELIEF

........................... 7

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT

ADVERSELY AFFECT SAFETY

................................ ................................ .............. 10

THE REASONS WHY GRANTING GATEWAY GEOSPAT IAL

, LLC 'S REQUEST

WOULD BE IN THE PUBLIC INTEREST

................................ ............................... 2 4

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER

.......... 2 7

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE

TO SUPPORT GATEWAY GEOSPATIAL

, LLC 'S REQUEST

............................... 2 7

CONCLUSION

................................ ................................ ................................ ................. 2 83 GLOSSARY O F ABBREVIATIONS

AGL Above Ground Level

AOI Area of Interest

ATC Air Traffic Control

ATO Air Traffic Organization

C.F.R. Code of Federal Regulation s

COA Certificate of Au thorization

FAA Federal Aviation Administration

FAR Federal Aviation Regulation

FCC Federal Communications Commission

GCS Ground Control Station

GPS Global Positioning System

NAS National Airspace System

NOTAM Notice to Airmen

OEM Original Equipment Manufacturer

PIC Pilot I n Command

RTH Return To Home

Section 333 FAA Modernization and Reform Act of 2012 (FMRA) Section 333

UA Unmanned Aircraft

UAS Unmanned Aircraft System

VFR Visual Flight Rules

VLOS Visual Line of Sight

VMC Visual Meteorological Conditions

VO Visual Observer

VTOL Vertical Takeoff and Landing4 SUMMARY

GATEWAY G EOSPATIAL , LLC (hereinafter “ Gateway ”) by and through undersigned

counsel, pursuant to the provisions of the Federal Aviation Regulations and the Federal Aviation

Administration (“FAA”) Modernization and Reform Act of 2012, Section 333, Special Rules for

C ertain Unmanned Aircraft Systems, hereby petitions the Administrator for an exemption from

14 CFR §§ 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), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.4 17(a) and (b) to the

extent necessary to allow the petitioner to operate the Trimble Gatewing X

- 100 (“Trimble X

100”) Unmanned Aircraft System (“UAS”) and the aircraft approved by the Secretary of the

Department of Transportation for operation under Sectio n 333 (collectively the “subject

UAS”) , as shown in Attachment 1

, to perform aerial data collection

. 1

Gateway submits that operation of these aircraft, which with the exception of the Trimble

X

- 100 have already been approved for use by the Secretary of t he Department of Transportation

under Section 333, will maintain the safety of the National Airspace System (“NAS”), as well as

the safety of persons or property on the ground.

In support thereof, Gateway states as follows:

INTRODUCTION AND INTERESTS OF THE PETITIONER

Gateway Geospatial, LLC is a small business headquartered in Wildwood, Missouri , just

west of St. Louis, which has been providing specialized surveying, mapping, and other

geospatial services since 1996. Gateway offers its private and gove rnment clients services in the

a rchitectural/engineering/construction (AEC), precision agriculture, land use planning, mining,

1 Aerial data collection includes any remote sensing and measuring by an instrument(s) aboard a UA. Examples

include im agery (photography, video, infrared, etc.), electronic measurement (precision surveying, RF analysis,

etc.), chemical measurement (particulate measurement, etc.), or any other gathering of data by instruments aboard a

UA.5

materials, mapping, surveying, and forestry markets, as well as other s

. Gateway will utilize its

UAS to commercially provide pro fessional geospatial ser vices to clients associated within the

aforementioned markets . Use of the Trimble X

- 100 UAS and the aircraft approved by the

Secretary of the Department of Transportation under Section 333 will provide Gateway a modern

and efficient means to perform its business operations. Gateway ’s employees consist of

individuals possessing a wealth of experience covering both UAS operation and geospatial data

acquisition and will ensure that any operation of UAS in connection with a grant of thi s Petition

is performed safely and in accordance with the guidance set out by the FAA

.

BACKGROUND

Unmanned Aircraft Systems

Gateway seeks an amendment to operate the Trimble X

- 100 UAS and the aircraft

approved by the Secretary of the Department of Transpo rtation under Section 333 (See

Attachment 1) for compensation or hire within the NAS pursuant to Section 333 of the FAA

Modernization and Reform Act of 2012 (Public Law 112

- 95 ) . The FAA has previously

approved for Measure, a 32 Advisors Company, LLC (“Mea sure”) to conduct aerial data

collection operations utilizing the aircraft approved by the Secretary under Section 333 in Grant

of Exemption Number 12646. 2 As discussed herein, the relief requested by Gateway is in all

material respects similar to that of Measure; it is similar in all material respects to the relief

previously requested in Grant of Exemption Nos. 11062, 11109, 11112, and 11213; and the

2 Measure’s Grant of Exemption Con dition and Limitation Number 1 stated the following:

Operations authorized by this grant of exemption are limited to the aircraft approved by the Secretary of the

Department of Transportation for operation under Section 333 (Attachment 1) 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.

“Attachment 1” included 324 different UAS models approved for operation under Section 333 at the time o f

submission.6

reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and 11213 also

apply to the pr esent sit uation. Additionally, granting Gateway ’s Petition for Exemption would

be in the public interest.

BASIS FOR THE PETITION

Gateway , by and through undersigned counsel, pursuant to the provisions of the Federal

Aviation Regulations (14 C.F.R. § 11.6 1) and the FAA Modernization and Reform Act of 2012,

Section 333

, Special Rules for Certain Unmanned Aircraft Systems , hereby petitions the

Administrator to operate the subject UAS within the National Airspace System (NAS) , and for

an exemption from the re quirements of 14 C.F.R. §§ 61.23(a) & (c), 61.101(e)(4) & (e)(5),

61.113(a), 61.315(a) , 91.7(a), 91.119(c), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1),

91.409(a)(1) & (a)(2), and 91.417(a) & (b). In consideration of their size, weight, speed, and

limite d operating area, Gateway ’s operation of the Trimble X

- 100 UAS and the aircraft approved

by the Secretary of the Department of Transportation under Section 333 meets the conditions of

FMRA Sec tion 333.

A. Name A nd Address Of T he Petitioner

.

The name and a ddress of the Petitioner is:

Gateway Geospatial

, LLC

17336 Orrville R oad

Wildwood, M issouri 6300 5

The point of contact for this P etition and specific contact information is as follows:

Gregory S. Winton, Esq.

The Aviation Law Firm

1997 Annapolis Exchange Parkway

, Suite 300

Annapolis, Maryland 21401

Tel: (301) 294

- 8550 | Fax: (866) 568

- 9886

Ema il: Greg@aviationlawexperts.com7

B. The Specific Sections Of 14 C.F.R. From Which Gateway Seeks Exemption.

Gateway seeks exemption f rom the following s ections of Title 14 of the C ode of F ederal

R egulations:

 61.23(a) & (c) , entitled Medical certificates: Requirement and duration

 61.101(e)(4) & (e)(5) , entitled Recreational pilot privileges and limitations

 61.113(a)

, entitled Private pilot privileges and l imitations: Pilot in command

 61.315(a) , entitled What are the privileges and limitations of my sport pilot

certificate

 91.7(a) , entitled Civil aircraft airworthiness

 91.119(c) , entitled Minimum safe altitudes: (c) Over other than congested areas

 91.121 , e ntitled Altimeter settings

 91.151(a)(1) , entitled Fuel requirements for flight in VFR conditions

 91.405(a)

, entitled Maintenance required

 91.407(a)(1)

, entitled Operation after maintenance, preventative maintenance,

rebuilding, or alteration

 91.409(a)(1) & (a)(2) , entitled Inspections

 91.417(a) & (b) , entitled Maintenance records

C

. The Extent Of Relief Gateway Seeks And The Reason Gateway Seeks The Relief

.

1. Extent of Relief Gateway Seeks And The Reason Gateway Seeks Relief From

Section 61.23(a) & (c).

Relief from Section s 61.23(a) & (c)

, entitled Medical certificates: Requirement and

duration , is requested to the extent necessary to allow an adequately certificated PIC holding an

FAA

- issued medical certificate or U.S. issued driver’s license , t o conduct the proposed UAS

flight operations for compensation or hire.8

This relief is requested since the limitations set forth in Section 61.23(a) state that the

holder of a recreational pilot, private pilot, commercial pilot, airline transport pilot cer tificate, or

flight instructor certificate must also hold the appropriate FAA

- issued medical certificate to

exercise the privileges of th e pilot certificate. The relief is further requested since the limitations

set forth in Section 61.23(c) state that th e holder of a sport pilot certificate must also hold a U.S.

issued driver’s license when exercising the privileges of the certificate in a light sport aircraft.

2

. Extent of Relief Gateway Seeks And The Reason Gateway Seeks Relief From

Section s 61.101( e)(4) & (e) (5), 61.113(a) , and 6 1.3 1 5(a)

.

Relie f from Section s 61.101(e)(4) & (e)(5), entitled Recreational pilot privileges and

limitations ; Section 61.113(a)

, entitled Private pilot privileges and limitations: Pilot in

command ; and Section 61.315(a), e ntitled What are the privileges and limits of my sport pilot

certificate

, is requested to the extent necessary to allow a PIC holding a sport pilot, recreational

pilot

, or private pilot certificate , as well as an airman medical certificate or U.S. issued d river’s

license , and who has met certain flight

- hour and currency requirements

, to conduct the proposed

UAS flight operations for compensation or hire , subject to the conditions and limitations below

.

This relief is re quested since the limitations set for th in Section s 61.101(e)(4) & (e) (5)

state that no person who holds a recreational pilot certificate may act as pilot in command of an

aircraft for compensation or hire or in furtherance of a business. Relief is requested from

61.113(a) since the limitati ons set forth in th at section state that no person who holds a private

pilot certificate may act as 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 pilo t in command

of an aircraft

. Relief is requested from 61.315(a) since the limitations set forth in that section

only allow a person who holds a sport pilot certificate to act as pilot in command of a light

- sport

aircraft.9

3

. Extent of Relief Gateway Seek s And The Reason Gateway Seeks Relief From

Section 91. 7(a)

.

R elief from Section 91. 7( a)

, entitled Civil aircraft airworthiness

, is requested to the

extent required to allow Gateway to determine that the subject UAS are in an airworthy

condition prior to every flight by ensuring that the subject UAS are in compliance with their

operating documents

. Gateway seeks the requested relief because the subject UAS do not

require an air worthiness certificate in accordance with 14 C

. F

. R

. P art 21, Subpart H

.

4

. Extent of Relief Gateway Seeks And The Reason Gateway Seeks Relief From

Section 91.119(c).

Relief from Section 91.119(c), entitled Minimum safe altitudes: (c) Over other than

congested areas , is required because a ll proposed operations of the subjec t UAS will take place

at an altitude at or below 400 feet AGL

. Th is relief is requested since the limitations set forth in

Section 91.119(c) state that no person may operate an aircraft below 500 feet above the surface

.

Additionally, relief from Section 91.119(c) is requested to the extent necessary to allow

operations to be conducted closer than 500 feet to persons, vessels, vehicles, or structures, under

certain conditions . This relief is requested since the limitations set forth in Section 91.119(c)

prohibit operating an aircraft closer than 500 feet to a person, vessel, vehicle, or structure.

5

. Extent O f Relief Gateway Seeks And The Reason Gateway Seeks Relief

From Section 91. 121

.

Relief from Section 91.121, entitled Altimeter settings , may be required to allow flight

operations of the subject UAS

, because the subject UA S ’ altitude reporting equipment may be

set on the ground to zero feet AGL, rather than local barometric pressure or field altitude, before

each flight. Considering the limit ed altitude of the proposed operations, relief from 14 C

. F

. R

. §

91.121 is sought to the extent necessary to comply with the applicable conditions and limitations

stated below.10

6

. Extent O f Relief Gateway Seeks And The Reason Gateway Seeks Relief

From Se ction 91.151( a ) (1)

.

R elief from Section 91.151( a ) (1)

, entitled Fuel requirements for flight in VFR conditions

,

is requested to the extent required to allow flights of the subject UAS during daylight hours in

visual meteorological conditions (VMC)

, under visual flight rules ( VFR )

. Gateway seeks the

requested relief because without an exemption from Section 91.151( a ) (1) , the flight time

duration of the subject UAS will severely constrain the practicality of any aerial acquisition and

research flight operat ions that Gateway propose s to conduct pursuant to this Petition.

7

. Extent O f Relief Gateway Seeks And The Reaso n Gateway Seeks Relief

From Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), A nd 91.417(a) &

(b).

Gateway requests relief from Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and

91.417(a) & (b) to the extent necessary to allow the proposed operations in accordance with the

conditions and limitations set forth below. Since the aforementioned Sections only apply to

aircra ft wit h an airworthiness certificate, Gateway requests relief from these Sections because the

subject UAS do not require an airworthiness certificate.

D

. The Reasons Why Granting The Exemption Would Not Adversely Affect Safety, Or

How The Exemption Woul d Provide A Level Of Safety At Least Equal To That

Provided By The Rule From Which Gateway Seeks Exemption.

1. Reasons Why The Subject UAS Meet The Conditions Of The FAA

Modernizatio n and Reform Act of 2012 (FMRA) Section 333.

In consideration of the size, weight, speed, and operating limitations associated wi th the

unmanned aircraft and their operation, Gateway ’ s operation of the subject UAS meets the

conditions of FMRA Section 333

, and will not require an airworthiness certificate in accordance

w ith 14 C.F.R. Part 21, Subpart H. I n seeking this exemption, Gateway submits that the Trimble

X

- 100 UAS and the aircraft approved by the Secretary of the Department of Transportation11

under Section 333 can operate safely in the NAS pursuant to FMRA Section 333, as

demonstrated by : ( a ) the characteristics of the subject UAS ; ( b ) the pilot certification

requirement; and ( c ) the specific operating limitations

. Additionally, the UAS and proposed

operations requested in this petition are similar in all material respects to relief previously

requested in Grant of Exemption Nos. 11062, 11109, 11112, 11213, and 1 2 301

, and the reasons

stated by the FAA for granting those Exemptions also apply to the present situation

.

a. The A ircraft A pproved B y T he Secretary Of T h e Department O f

Transportation U nder Section 333 Have Already Been Determined To

Be Safe By The FAA.

Gateway proposes that it may safely operate the aircraft approved by the Secretary of the

Department of Transportation for operation under Section 333 , as listed in Attachment 1, within

the NAS because the proposed aircraft have already been determined to be safe for operation in

previous grants of exemption and will be operated pursuant to the c onditions and l imitations set

out below, which are sim ilar in all material respects to all other grants of exemption allowing

aerial data collection operations.

b

. The Trimble X

- 100 UAS Is S afe For Use B ased U pon I ts S ize, W eight,

S peed, A nd O perati onal L imitations.

The technical specifications of the Trimble X

- 100 are set forth at page s 42

- 44 of the

Trimble X

- 100 User Manual , attached hereto as Exhibit A . Exhibit A contains proprietary

information and is to be held in a separate file. A complete description of the specifications of

the Trimble X

- 100 UAS Ground Control Station is provided at pages 99

- 101 of the Trimble X

100 User Manual . The subject UAS is compliant with all Federal Communications Commission

(FCC) requirements. The Trimble X

- 100 UAS was the subject of a previous grant of exemption,

No. 10808, where it was found to be safe for domestic operations consisting of research and

development, crew training and market surveys associated with ground surveys without meeting12

the fuel requirements for VFR

. Further, the Trimble UX5 UAS, most rece ntly approved for use

under Section 333 in Exemption No. 12785 , is in all material respects similar to the Trimble X

100 AUS. Gateway proposes that the Trimble X

- 100 is likewise safe for the operations proposed

herein , when conducted pursuant to the c ondi tions and l imitations listed below

.

i

. The Trimble X

- 100 UAS ’ Autonomous Flight Features A nd

Failsafes Enable It To Remain Within A De fined O perational

A rea.

The Trimble X

- 100 UAS is enabled to enter autonomous flight under certain contingenc y

situations or at the command of the PIC

. The subject UAS autonomous features include the

following: a GPS Position and Altitude Hold when initiated by the Ground Control Station ; a

Return To Home (RTH) function ; and Flight Limi ts ( i.e. , pre

- set limitati ons that restrict the

distance and height o f the UA S flight operations)

. A complete description of the autonomous

features and failsafes of the Trimble X

- 100 UAS is provided at page s 197

- 207 of the Trimble X

100 User Manual, attached hereto as Exhibit A.

c

. Flight Operations Of The Subject UAS Are Limited To The Line Of

Sight Of A Certificated Pilot I n Command With A Safety Observer.

Gateway will only utilize p ilot s who possess a t least an FAA

- issued sport pilot certificate

and current and valid F AA

- issued ai rman m edical c ertificate or valid U.S. issued driver’s license

to act as a pilot in command (PIC) of the subject UAS. Additionally, a safety observer will assist

all pilots during flight operations.

d

. Flight s Of The Subject UAS Will B e Cond ucted Pursuant To S pec ific

Operating L imitations.

In seeking this exemption, Gateway proposes to commercially operate the subject UAS

for the special purpose of conducting aerial acquisitions within the NAS

, pursuant to the

following specific operati ng limitations:13

1. Operations authorized by this grant of exemption are limited to the Trimble Gatewing

X

- 100 Unmanned Aircraft System and the aircraft approved by the Secretary of the

Department of Transportation (Attachment 1) for operation under Section 333 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 grant.

2. Operations for the purpose of closed

- set motion picture and television filming are not

permitted.

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The

exemption holder may use either groundspeed or calibrated airspeed to determine

compliance with the 87 knot speed restriction. In no case will the UA be opera ted at

airspeeds greater than the maximum UA operating airspeed recommended by the aircraft

manufacturer.

4. The UA must be operated at an altitude of no more than 400 feet above ground level

(AGL). Altitude must be reported in feet AGL.

5. The UA must b e operated within visual line of sight (VLOS) of the PIC at all times.

This requires the PIC to be able to use human vision unaided by any device other than

corrective lenses, as specified on the PIC’s FAA

- issued airman medical certificate or

U.S. driver’s license.

6. All operations must utilize a visual observer (VO). The UA must be operated within

the visual line of sight (VLOS) of the PIC and VO at all times. The VO may be used to

satisfy the VLOS requirement as long as the PIC always maintains VLOS cap ability. The

VO and PIC must be able to communicate verbally at all times; electronic messaging or

texting is not permitted during flight operations. The PIC must be designated before the

flight and cannot transfer his or her designation for the duration o f the flight. The PIC

must ensure that the VO can perform the duties required of the VO.

7. This exemption and all documents needed to operate the UAS and conduct its

operations in accordance with the conditions and limitations stated in this grant of

exe mption, are hereinafter referred to as the operating documents. The operating

documents must be accessible during UAS operations and made available to the

Administrator upon request. If a discrepancy exists between the conditions and

limitations in this ex emption and the procedures outlined in the operating documents, the

conditions and limitations herein take precedence and must be followed. Otherwise, the

operator must follow the procedures as outlined in its operating documents. The operator

may update o r revise its operating documents. It is the operator’s responsibility to track

such revisions and present updated and revised documents to the Administrator or any

law enforcement official upon request. The operator must also present updated and

revised do cuments if it petitions for extension or amendment to this grant of exemption.

If the operator determines that any update or revision would affect the basis upon which

the FAA granted this exemption, then the operator must petition for an amendment to its14

grant of exemption. The FAA’s UAS Integration Office (AFS−80) may be contacted if

questions arise regarding updates or revisions to the operating documents.

8. Any UAS that has undergone maintenance or alterations that affect the UAS operation

or flight characteristics, e.g., replacem ent of a flight critical component, must undergo a

functional test flight prior to conducting further operations under this exemption.

Functional test flights may only be conducted by a PIC with a VO and must remain at

least 500 feet from other people. The functional test flight must be conducted in such a

manner so as to not pose an undue hazard to persons and property.

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is

in a condition for safe operation.

10. Prior to each flight, the PIC must conduct a pre

- flight inspection and determine the

UAS is in a condition for safe flight. The pre

- flight inspection must account for all

potential discrepancies, e.g., inoperable components, items, or equipment. If the

inspectio n reveals a condition that affects the safe operation of the UAS, the aircraft is

prohibited from operating until the necessary maintenance has been performed and the

UAS is found to be in a condition for safe flight.

11. The operator must follow the UAS manufacturer’s maintenance, overhaul,

replacement, inspection, and life limit requirements for the aircraft and aircraft

components.

12. Each UAS operated under this exemption must comply with all manufacturer safety

bulletins.

13. Under this grant of ex emption, a PIC must hold either an airline transport,

commercial, private, recreational, or sport pilot certificate. The PIC must also hold a

current FAA airman medical certificate or a valid U.S. driver’s license issued by a state,

the District of Columbi a, Puerto Rico, a territory, a possession, or the Federal

government. The PIC must also meet the flight review requirements specified in 14 CFR

§ 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.

14. The operator may not perm it any PIC to operate unless the PIC demonstrates the

ability to safely operate the UAS in a manner cons istent with how the UAS will be

operated under this exemption, including evas ive and emergency maneuvers and

maintaining appropriate distances from pers ons, vessel s, vehicles and structures. PIC

qualification flight hours and currency must be log ged in a manner consistent with 14

CFR § 61.51(b). Flights for the purposes of training the operators

, PICs

, and VOs

(training, proficiency, and experience

- buildi ng) and d etermining the PIC’s ability to

safely operate the UAS in a manner consistent wi th how the UAS will be operated under

this exemption are permitted under the terms of this exemption. However, training

operations may only be conducted during dedicat ed training sessions. During training,

proficiency, and experience

- building flights, all persons not essential for flight operations15

are considered nonparticipants, and the PIC must operate the UA with appropriate

distance from nonparticipants in accordanc e with 14 CFR § 91.119.

15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All

operations must be conducted under visual meteorolo gical conditions (VMC). Flights

under special visual flight rules (SVFR) are not authorized.

16. The UA may not operate within 5 nautical miles of an airport reference point (ARP)

as denoted in the current FAA Airport/Facility Dire ctory (AFD) or for airports not

denoted with an ARP, the center of the airport symbol as den oted on the current FAA

pu blished aeronautical chart, unless a letter of agreement with that airport’s management

is obtained or otherwise permitted by a COA issued to the exemption holder. The letter of

agreement with the airport management must be made available to the Administra tor or

any law enforcement official upon request.

17. The UA may not be operated less than 500 fee t below or less than 2,000 feet

horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.

18. For tethered UAS operations, th e tether line must hav e colored pennants or streamers

attached at not more than 50 foot intervals beginning a t 150 feet above the surface of the

earth and visible from at least one mile. This requirement for pennants or streamers is not

applicable when ope rating exclusively below the top of and within 250 feet of any

structure, so long as the UA operation does not obscure the lighting of the structure.

19. If the UAS loses communications or loses its GPS signal, the UA mu st return to a

pre

- determined locat ion within the private or controlled

- access property.

20. The PIC must abort the flight in the event of unpredicted obstacles or emergencies.

21. The PIC is prohibited from beginning a flight unless (considering wind and forecast

weather conditions) ther e is enough available p ower for the UA to conduct the intended

operation and to operate after that for at least five minutes or with the reserve power

recommended by the manufacturer if greater.

22. Air Traffic Organization (ATO) Certificate of Wai ver or Authorization (COA). All

operations shall be conducted in accorda nce with an ATO

- issued COA. The exemption

holder may apply for a new or amended COA if it intends to conduct operations that

cannot be conducted under the terms of the attached COA.

23. All aircraft operated in accordance with this exempti on must be identified by serial

number, registered in accordance with 14 CFR p art 47, and have identification

(N−Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must be

as large as p racticable.

24. Documents used by the operator to ensure the safe operation and flight of the UAS

and any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the16

PIC at the Ground Control Station of the UAS any time the aircraft is ope rating. These

documents must be made available to the Administrator or any law enforcement official

upon request.

25. The UA must remain clear and give way to all manned aviation operations and

activities at all times.

26. The UAS may not be operated by the PIC from any moving device or vehicle.

27. All Flight operations must be conducted at least 500 feet from all nonparticipating

persons, vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonpart icipating

persons from the UA and/or debris in the event of an accident. The operator must

ensure that nonparticipating persons remain under such protection. If a situation

arises where nonparticipating persons leave such protection and are within 500

feet of the UA, flight operations must cease immediately in a manner ensuring the

safety of nonparticipating persons; and

b. The owner/controller of any vessels, vehicles or structures has granted

permission for operating closer to those objects and the PIC has made a safety

assessment of the risk of operating closer to those objects and determined that it

does not present an undue hazard.

The PIC, VO, operator trainees or essential persons are not considered nonparticipating

persons under this exe mption.

28. All operations shall be conducted over private or controlled

- access property with

permission from the property owner/controller or authorized representative. Permission

from property owner/controller or authorized representative will be obtain ed for each

flight to be conducted.

29. Any incident, accident, or flight operation that trans gresses the lateral or vertical

boundaries of the operational area as defined by the applicable COA mus t be reported to

the FAA's UAS Integration Office (AFS−80) within 24 hours. Accidents must be

reported to the National Transportation Safet y Board (NTSB) per instructions contained

on the NTSB Web site: www.ntsb.gov. If this exemption permits operations for the

purpose of closed

- set motion picture and television filming and production, the following

additional conditions and limitations apply.

30. The operator must have a motion picture and telev ision operations manual (MPTOM)

as documented in this grant of exemption.

31. At least 3 days before aerial filming, the opera tor of the UAS affected by this

exemption must submit a written Plan of Activitie s to the local Flight Standards District

Office (FSDO) with jurisdiction over the area of proposed filming. The 3

- day notif ication17

may be waived with the concurrence of the FSDO. The plan of activities must include at

least the following:

a. Dates and times for all flights;

b. Name and phone number of the operator for t he UAS aerial filming conducted

under this grant of e xemption;

c. Name and phone number of the person responsible for the on

- scene operation

of the UAS;

d. Make, model, and serial or N−Number of UAS to be used;

e. Name and certificate number of UAS PICs involved in the aerial filming;

f. A statement that the operator has obtained permission from property owners

and/or local officials to conduct the fi lming prod uction event; the list of those

who gave permission must be made available to the inspector upon request;

g. Signature of exemption holder or representative; and

h. A description of the flight activity, including maps or diagrams of any area

, city, town, county, and/or state over which filming will be conducted and the

altitudes essential to accomplish the operation.

32. Flight operations may be conducted closer than 500 feet from participating persons

consenting to be involved and necessa ry for the filming production, as specified in the

exemption holder’s MPTOM.

Unless otherwise specified in this grant of exemption, th e UAS, the UAS PIC, and the

UAS operations must comply with all applicable parts of 14 CFR including, but not

limited to P arts 45, 47, 61, and 91.

2. Reasons Why An Exemption From The Requirements Of Sections 61.23 (a) &

(c) Would Not Adversely Affect Safety.

Gateway submits that an equivalent level of safety es tablished by Sections 61.23(a) & (c)

will be maintained becau se no PIC will be allowed to operate the subject UAS unless that PIC

holds either a valid FAA

- issued medical certificate or a valid U.S. issued driver’s license.

Additionally, no PIC will be allowed to operate the subject UAS unless that PIC has

demonstra ted, by meeting minimum flight

- hour and currency requirements, that the PIC is able18

to safely operate the subject UAS in a manner consistent with the exemption, including evasive

and emergency maneuvers and maintaining appropriate distances from people, ve ssels, vehicles,

and structures.

Considering Gateway ’ s proposed area of operations, the relatively small size of the

subject UAS, and the operating limitations set forth in this Petition, as well as the parallel nature

of sport pilot, recreational pilot, and private pilot medical requirements, relating to the proposed

operations, Gateway submits the additional requirements of at least a third

- class airman medical

certificate would not correlate to Gateway ’ s proposed operations.

3

. Reasons Why An Exemption From The Requirements Of Section s

61.101(e)(4) & (e)(5), 61.113(a), and 61.315(a) Would Not Adversely Affect

Safety.

Gateway submits that an equivalent level of safety established by Section s 61.101(e)(4)

& (e)(5), 61.113(a), and 61.315(a ) will be mai ntained because no PIC will be allowed to operate

t he subject UAS unless that PIC has demonstrated, by meeting minimum flight

- hour and

currency requirements, that the PIC is able to safely operate the subject UAS in a manner

consistent with th e exemption, including evasive and emergency maneuvers and maintaining

appropriate distances from people, vessels, vehicles

, and structures.

Specifically, the PIC must have accumulated and logged, in a manner consistent with 14

C.F.R. § 61.51(b), 25 hours of total tim e as a UAS pilot (with a minimum of 5 hours of those

hours as a UAS pilot operating the same make and model of UAS to be used for operations under

the exemption ). In addition to the hour requirements, the PIC must accomplish 3 take

- offs and

landings in th e preceding 90 days (for currency purposes).

Considering Gateway ’ s proposed area of operations, and the operating limitations set

forth above; the parallel nature of sport pilot, recreational pilot, and private pilot aeronautical19

knowledge requirements

, w ith respect to the proposed oper ations, to those of commercial pilot

requirements ( See Exemption No s . 11062 and 11213 ); and the airmanship skills necessary to

safely operate the subjec t UAS, Gateway submits that the additional manned airmanship

experience of a commercially certificated pilot would not correlate to the airmanship skills

necessary for Gateway ’ s specific proposed flight operations.

As in Exemption Nos. 11062

, 11138, and 11153, prior documented flight experience that

was obtained in compliance with applicable regulations will ensure an equivalent level of safety

during Gateway ’ s proposed operations. The Administrator has held that prior documented flight

experience that was obtained in compliance with applicable regulations would ensure safe

o perations , stating as follows:

In Exemption No. 11062, the FAA required that prior to conducting operations for the

purpose of motion picture filming (or similar operations), the PIC must have accumulated

and logged, in a manner consistent with 14 CFR 61.5 1(b), 25 hours of total time as a

UAS rotorcraft pilot including at least 10 hours logged as a UAS pilot with a multi

- rotor

UAS. Prior to operations under Exemption No. 11062, the PIC must also have

accumulated and logged a minimum of 5 hours as a UAS pilo t operating the same make

and model of UAS to be used for operations under the exemption. For clarification, the

FAA considers these minimum hour requirements to be inclusive rather than additive; i.e.

5 hours make and model time may be included in the 10 hours of multi

- rotor time and the

10 hours may be included in the total 25 hours of UAS rotorcraft time. In addition to the

hour requirements, the PIC must accomplish 3 take

- offs and landings in the preceding 90

days (for currency purposes). The FAA finds that at a minimum, the flight

- hour

requirements in Exemption No. 11062 are appropriate to practice and build proficiency in

the skills necessary to safely conduct Gateway ’s proposed operations. The FAA also

finds that prior documented flight experience tha t was obtained in compliance with

applicable regulations would satisfy this requirement. Training, proficiency, and

experience

- building flights can also be conducted under the grant of exemption to

ac complish the required flight time. During training, prof iciency, and experience

- building

flights the PIC is required to operate the UA with appropriate distances in accordance

with 14 C.F.R 91.119.

Exemption No. 11138 at page 15.

Accordingly, Gateway will ensure safe operations by not allow ing any PIC to ope rate the

subject UAS unless that PIC has demonstrated

, by meeting minimum flight

- hour and currency20

requirements

, that the PIC is able to safely operate the subject UAS in a manner consistent with

the exemption, including evasive and emergency maneuvers and maintaining appropriate

distances from people, vessels, vehicles and structures.

4

. Reasons Why An Exemption Fr om The Requirements Of Section 91. 7(a)

Would Not Adversely Affect Safety.

The equivalent level of safety established by Section 91. 7(a) wil l be maintained because

prior to every flight, Gateway will ensure that the subject UAS are in an airworthy condition

based up on the subject UAS’ compliance with their re spective operating documents , and as

stated in the conditions and limitations herein

.

5

. Reasons Why An Exemption From The Requirements Of Section 9 1.119(c)

Would Not Adversely Affect Safety.

The equivalent level of safety established by Section 91.1 19(c) will be maintained

because in any operation to be conducted closer than 500 feet fr om any nonparticipating persons,

barriers or structures will be present to sufficiently protect any nonparticipating perso ns from

debris in the event of an accident during operation of the subject UAS , which weigh less than

fifty

- five (55) pounds and will be operated below an altitude of 400 feet AGL

. The

nonparticipating persons will be required to remain in the area of protection

, and i f any

nonparticipating person leaves the area of protection and is within 500 feet of the subject UA S

,

flight operations w ill cease immediately.

Additionally, any operation to be conducted closer than 500 feet from persons, vessels,

vehicles, and structures would first require the permission of the land owner/controller and a

safety assessment of the risk of operating clos er to those objects by the PIC.21

6

. Reasons Why An Exemption Fr om The Requirements Of Section 91. 121

Would Not Adversely Affect Safety.

The equivalent level of safety established by Section 91.121 will be maintained because

the altitude of the subject UAS will be reported to air traffic control (ATC) in feet above ground

level (AGL), and Gateway will operate the subject UA S within visual line of sight, at or below

4 00 feet AGL

. Prior to each flight, a zero altitude initiation point is automatically e stablish ed by

the UAS at ground level.

7

. Reasons Why An Exemption F rom The Requirements Of Section

91.151( a ) (1) Would Not Adversely Affect Safety.

A grant of this exemption would ensure an equiv a lent level of safety established by 14

C.F.R. Sectio n 91.151( a ) (1) as a result of (1) the technical specifications of the subject UAS ; (2)

the limitations on the proposed flight operations ; and (3) the location of the proposed flight

operations

. Accordingly, Gateway will ensure that it will safely operate the subject UA S during

daylight hours in visual metrological conditions (VMC) under visual flight rules (VFR)

, with

enough power for the subject UA S to fly after th e first point of intended landing for at least f ive

(5) minutes

.

In addition to the level o f safety established by the technical specifications of the UAS;

the limitations on the proposed flight operations; and the location of the proposed operations, the

subject UAS warnings to the PIC when the UA has low power remaining. Together

, these factor s

will ensure an equivalent level of safety established by 14 C.F.R. Section 91.151( a ) (1)

.

P revious exemptions granted by the FAA concerning Section 91.151

, establish that safety

is not adversely affected when the technical characteristics and operating l imitations of the

subject UAS are considered. Relief has also been granted for manned aircraft to operate at less22

than the minimums prescribed in Section 91.151 , including Exemption Nos. 2689, 5745, and

10650.

8

. Reasons Why An Exemption From The Requi rements Of Sections 91.405(a),

91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b) Would Not Adversely

Affect Safety.

In seeking this exemption, Gateway submits that the equivalent level of safety with

regard to the regulatory maintenance and a lteration requirements established by Sections

91.405(a), 91.407(a)(1), 91.409( a)(1) & (a)(2), and 91.417(a) & (b) will be met because a ll

maintenance, alterations, and preventive maintenance of the subject UAS performed by Gateway

will be in accordance wi th the methods, techniques, and practices prescribed in the operating

documents

. Furthermore, only the Original Equipment Manufacturer (OEM) or qualified OEM

maintainers will perform higher level inspections and maintenance per the operating documents

and OEM standards. Gateway will document and maintain all maintenance records for the

subject UAS.

Since th e subject UAS will be inspected as prescribed by t he operating documents,

Gateway will maintain the equivalent level of safety established by Secti ons 91.405(a),

91.409(a)(1)

, and 91.409(a)(2) . The f ollowing operating document is attached hereto, iden tified

as Exhibit A : The Trimble Gatewing X

- 100 UAS User Manual

. The foregoing exhibit contain s

proprietary information and is to be held in a separat e file p ursuant to 14 C.F.R. § 11.35(b). All

other operating documents for the subject UAS have been previously submitted to the FAA and

will not be included with this Petition.

Additionally , a n equivalent level o f safety established by Sections 91.407 ( a)(1)

,

91.417(a)

, and 91.417(b) will be maintained because Gateway will document and maintain all of

the maintenance records for the subject UAS

.23

9

. T he FAA May Prescribe Any Other Conditions For Safe Operation.

In accordance with Sec tion 333 of the FAA Modernization and Reform Act of 2012

(FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions

, Gateway requests that the FAA

prescribe special conditions for the intended operation of the subject UAS , which contain such

safety standards that the Ad ministrator finds necessary to establish a level of safety equivalent to

that established by 14 C.F.R. Part 21, Subpart H

, and 14 C.F.R

. §§ 61.23(a) & (c), 61.101(e)(4)

& (e)(5), 61.113(a), 61.315(a), 91.7(a), 91.119(c), 91.121, 91.151(a), 91.405(a), 91.40 7(a)(1),

91.409(a)(1) & (a)(2), AND 91.417(a) & (b) . Such special conditions will permit safe operation

of the subject UAS for the limited purpose of conducting aerial acquisitions within the NAS for

compensation or hire

. FMRA Sec tion 333 sets forth the requirem ents for considering whether a

UAS will create a hazard to users of the NAS or the public

, or otherwise pose a threat to national

security; and further, provides the authority for such UAS to operate without airworthiness

certification in accordanc e with any requirements that must be established for the safe operation

of the UAS in the NAS

.

Likewise , the Administrator may prescribe special conditions pursuant to 14 C.F.R.

§ 21.16

, for operation of the subject UAS

, since the airworthiness regulat ions of 14 C.F.R. Part

21 do not contain adequate o r appropriate safety standards

, due to the novel or unusual design

features of the aircraft . Section 21.16, entitled Special Conditions , states the following:

If the FAA finds that the airworthiness regul ations of this subchapter do not contain

adequate or appropriate safety standards for an aircraft, aircraft engine, or propeller

because of a novel or unusual design feature of the aircraft, aircraft engine or propeller,

he prescribes special conditions an d amendments thereto for the product. The special

conditions are issued in accordance with Part 11 of this chapter and contain such safety

standards for the aircraft, aircraft engine or propeller as the FAA finds necessary to

establish a level of safety eq uivalent to that established in the regulations.

See 14 C.F.R. § 21.16

.24

Therefore, in accordance with FMRA Sec tion 333 and 14 C.F.R. § 21.16 , the FAA may

prescribe special conditions for Gateway ’ s intended operation of the subject UAS , which contain

such safety standards that the Administrator finds necessary to establish a level of safety

equivalent to that established by 14 C.F.R. Part 21, Subpart H

, and 14 C.F.R Sections 61.23(a) &

(c), 61.101(e)(4) & (e)(5), 61.113(a), 61.315(a), 91.7(a), 91.119(c), 9 1.121, 91.151(a), 91.405(a),

91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b)

.

E

. The Reasons Why Granting Gateway ’s Request Would Be In The Public Interest;

That Is, How It Would Benefit The Public As A Whole

.

Granting the present Petition wil l further the public interest by allowing Gateway to

safely, efficie ntly, and economically provide professional geospatia l data collection services to

clients in both the public and private sectors

. Additionally, use of the subject UAS will decrease

conge stion of the NAS, reduce pollution, and provide significant benefits to the economy.

Notably, the benefits of Gateway ’s proposed operation of the subject UAS will be realized

without implicating any privacy issues.

2. The Public Will Benefit From Dec reased Congestion Of The NAS.

The subject UAS serve as a safe, efficient, and economical alternative to the manned

aircraft traditionally utilized to obtain aerial imagery. By reducing the amount of manned

aircraft needed to perform aerial acquisitions, an exemption allowing the use of the subject UAS

would reduce the amount of manned aircraft in the NAS, reduce noise and air pollution, and

increase the safety of life and property in the air and on the ground.

Furthermore, by reducing the number of ma nned aircraft operating in the NAS,

congestion around airports caused by arriving and departing aircraft will be reduced. The subject

UAS do not require an airport to takeoff or land. Likewise, a reduction of manned aircraft

conducting aerial survey miss ions would result in fewer aircraft that must be handled by air25

traffic control during the ground, takeoff, departure, arrival, and landing phases of flight

operations.

3

. The Public Will Benefit From The Safety And Efficiency Of The Subject

UAS.

Conducting aerial acquisitions with the subject UAS, instead of manned aircraft, will

greatly benefit the public by drastically reducing the levels of air and noise pollution generated

during traditional aerial survey flight operations. By using battery p ower and e lectric motor s

, or in

some cases small unleaded gasoline engines, the subject UAS produc e substantially smaller

quantities of air pollution, if any at all , and are the most viable environmentally conscious

alternative to the cabin class, six cyli nder internal combustion twin engine aircraft that are

typically utilized for aerial acquisitions, and burn approximately 20

- 30 gallons per hour of leaded

aviation fuel. The subject UAS, while reducing the carbon footprint of aerial acquisitions , also

red uce noise pollution, as they are propelled by battery powered electric motors or small unleaded

gasoline powered engines, which produce minimal amounts of noise in comparison to traditional

aircraft engines

.

By using the subject UAS to perform aerial acq uisitions, the substantial risk to life and

property in the air and on the ground, which is usually associated with traditional manned aircraft

flight operations, will be substantially reduced or completely eliminated. Aside from the lack of

flightcrew me mbers located onboard the aircraft, the subject UAS , ha s less physical potential for

collateral damage to life and property on the ground, and in the air, compared to the manned

aircraft that typically conduct aerial acquisitions (weighing approximately 6, 500 pounds with a

wingspan of approximately 40 feet, a length of 34 feet, and a fuel capacity of 180 gallons).

Additionally, using the subject UAS to perform aerial acquisitions will increase the level

of safety and efficiency for Gateway ’s employees, as sociated contractors, and public employees by26

minimizing exposure to a number of hazards typically encountered in a field environment, such as

bridges, wetland areas, and steep terrain, as well as lowering the number of incidents and

associated costs, suc h as maintaining a certain level of insurance, that normally coincide with

operations in a hazardous field environment.

4

. Performing Aerial Acquisition Operations With The Subject UAS Will

Benefit The Economy.

In addition to being safe and effi cient, the subject UAS are also an economical alternative

to using manned aircraft to conduct aerial acquisitions . As such, operation of the subject UAS

will allow United States based companies, like Gateway , to remain competitive and contribute to

growth of the U.S. economy. Specifically, with the rising cost of aviation fuel and the

Environmental Protection Agency (“EPA”) regulatory actions phasing out leaded aviation fuels,

U.S. owned and operated companies must adopt new and alternative technology in order to

remain competitive. Operation of UAS such as th ose in this petition is one such technology that

not only allows companies greater operational flexibility compared to manned aircraft, but

provides such flexibility without the high operational cost of a traditional manned aircraft.

By operating UAS, companies such as Gateway , can remain competitive and profitable,

and therefore, provide greater job stability to employees and contractors, which will ultimately

contribute to growth of the U.S. econo my. Improved financial performance of U.S. companies,

through commercial use of the subject UAS , provides a stable workforce that increases consumer

spending; improves local, state, and federal tax revenues; and allows companies to invest in

research and development in order to remain competitive both in the United States and abroad.

5

. There Are No Privacy Issues

.

Similar to the manned aerial acquisition flight operations that have been conducted for

d ecades, Gateway ’s proposed operation of the subject U AS will not implicate any privacy issues.27

Specifically, the subject UAS will only be operated pursuant to the specific conditions and

limitations set forth herein , and in accordance with the Federal Aviation Regulations, including

the minimum altitude req uirements of 14 C.F.R. § 91.119. Most significantly, the subject UAS

will not be operated closer than 500 feet to any person, vessel, vehicle, or structure, that is not

directly involved in the operation unless specific conditions are met

.

F. A S ummary Th at C an Be P ublish ed In T he Federal Register, stating:

The Rules From Which Gateway Seeks Exemption:

Gateway Geospatial, LLC seeks exemption from the requirements of 14 C.F.R

. Sections

61.23(a) & (c), 61.101(e)(4) & (e)(5), 61.113(a), 61.315(a), 91.7(a), 91.119(c), 91.121,

91.151(a), 91.405(a), 91.407 (a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b)

.

A Brief Description Of The Nature Of The Exemption Gateway Seeks:

This exemption will permit Gateway Geospatial, LLC to commercially operate an

Unmanned A ircraft System (UAS) for the purpose of conducting aerial acquisitions

within the National Airspace System (NAS)

.

G. Any Additional Information, Views, Or Arguments Available To Support

G ateway ’ s Request.

This Petition is made p ursuant to the FAA Mode rnization and Reform Act of 2012

(FMRA) Section 333, which directs the Secretary of Transportation to determine if certain UAS

may operate safely in the NAS

. As such

, Gateway ’ s request for exemption may be granted

pursuant to the authority of FMRA Sec tion 333 and 14 C.F.R. Part 11, as set forth above.

FMRA Section 333 sets forth the require ments for considering whether a UAS will create

a hazard to users of the NAS or the public

, or otherwise pose a threat to national security; and

further, provides the authority for such UAS to operate without airworthiness certification.

As discussed in detail above

, Gateway will operate the subject UAS safely in the NAS

,

without creating a hazard to users of the NAS

, or the public

, or otherwise pose a threat to28

nati onal security

. Additionally, with the exclusion of the Trimble X100, the subject UAS have

all been previously approved for use under Section 333

.

CONCLUSION

As set forth herein

, Gateway Geospatial

, LLC seeks an exemption pursuant to 14 C.F.R.

§ 11.61 an d Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA)

, which

will permit safe operation of the Trimble Gatewing X

- 100 UAS and the aircraft approved by the

Secretary of the Department of Transportation (Attachment 1) for operation under Secti on 333

commercially

, without an airworthiness certificate

, for the limited purpose of conducting aerial

acquisitions within the National Airspace System ( NAS )

. By granting this Petition, the FAA

Administrator will be fulfill ing the Congressional mandate o f the FAA Modernization and

Reform Act of 2012, while also advancing the interests of the public

, by allowing Gateway to

safely, efficiently, and economically operate the subject UAS commercially with in the NAS

.

WHEREFORE , in accordance with the Federal A viation Regulations and the FAA

Modernization and Reform Act of 2012, Section 333, Gateway Geospatial, LLC respectfully

requests that the Administrator grant this Petition for an exemption from the requirements of 14

C.F.R Sections 61.23(a) & (c), 61.101( e)(4) & (e)(5), 61.113(a), 61.315(a), 91.7(a), 91.119(c),

91.121, 91.151(a), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b)

, and

permit Gateway Geospatial, LLC to operate the Trimble Gatewing X

- 100 UAS and the aircraft

approved by the Secretary of the Department of Transportation (Attachment 1) for operation

under Section 333 commercially for the purpose of conducting aerial acquisitions within the

NAS

.29

Dated: December 1 6 , 2015 Respectfully submitted,

The Aviation Law F irm

/s/ Gregory S. Winton

____________________________ Gregory S. Winton, Esq.

1997 Annapolis Exchange Parkway

Suite 300

Annapolis, Maryland 21401

Tel: (301) 294

- 8550

Fax: (866) 568

- 9886

Attorney for Petitio ner30



# ATTACHMENT 131

1. 2AgEagle

2. 3D Robotics Aero

- M

3. 3D Robotics Iris

4. 3D Robotics Iris+

5. 3D Robotics X8

6. 3D Robotics DIY Quad Kit

7. 3DRobotics Fixed Wing

8. 3DRobotics Multirotor

9. 3DRobotics Quadrotor

10. 3DR Solo

11. 3DR Spe ktre

12. 3DRobotics Spektre Industrial Multi

- Rotor Aerial Vehicle

13. 3D Robotics Solo

14. 3DRobotics X8+

15. 3D Robotics X8

- M

16. 3D Robotics Y6

17. ACS XX8L

18. Aerial Mob Heavy Lifter

19. Aerial Mob Light Lifter

20. Aerial Remote Mineral Detection System (ARMDS)32

21. Aerialtronics Ze nith with integrated Airware system

22. Aerialtronics Altura Zenith ATX8

23. Aerigon

24. Aerobo

25. AeroCine Kopterworx Hammer X12

26. AeroLogix GeoStar

27. Aeromao AeroMapper 300

28. Aeromao Talon

29. Aeromao Aeromapper EV

- 2

30. Aeronavics SkyJib 8 v.2 Heavy Lifter

31. Aeronavics X4 T itanium

32. AeroVironment Shrike

33. AeroVironment Puma

34. Aervonics Sky Jib frame with a DJI A2 flight system

35. Aeryon Sky Ranger

36. Aeryon Scout

37. AgEagle

38. AgEagle Robotic

39. AgGasser

40. AgScout33

41. AgScout Mini

42. Agribotix Hornet Drone

43. Agribotix Enduro Quad

44. AgriView VK Ranger EX

45. Aibot

46. Aibotix X

- 6

47. Air Rover AR

- 3000

48. AirCover QR

- 425s

49. AirRobot AR 100

50. AirRobot AR 180

51. AirRobot AR200

52. Air

- X

53. Align M690

54. Allied Drones Chaos X

- 8

55. Allied Drones HornetCam

56. Allied Drones HV44

57. Altavian Nova F6500

58. Altavian Nova R8400

59. Altus X

- 4

60. Altus X

- 834

61. American Drones, LLC Eagle

62. Apprentice

63. Arch Aerial OCTO multi

- rotor UAS

64. Arris hexacoper

65. AR

- 960 Hex Rotor

66. AR

- 540 Quad Rotor

67. ARF

- MikroKopter OktoXL

68. ARF

- MikroKopter OktoXL +

69. ArrowLite

70. AscTec Falcon

71. AscTec Falcon 8

72. Astraeus Aerial Cinema System V.3CS

73. ATI AgBot

74. ATI AgGasser

75. ATI Thor X4

76. Atlantic RC Aircraft LC04

77. Auburn Trimble UX5

78. Auburn War Eagle

79. Auburn EasyStar

80. Auburn35

81. AV44

82. AV

- 900

83. Birdseyeview Aerobotics Firefly 6

84. Bixler 3DR Plane

85. Blade 350QX

86. Blade 350 QX3

87. Bixler 2

88. B oomerang Carbon Fiber Frame (The Identified System)

89. Bormatec Maja UAV

90. BOSH Technologies Super Swiper

91. Bumblebee

- S

92. C

- Astral Bramor gEO

93. CarbonCore Octocopter 1000

94. Carbon Core Cortex Quadcopter

95. CCO w/Wkm M

96. Chameleon Pro

97. CinesStar

98. Cinestar 6

99. Cines tar X8

100. Cinestar 836

101. Cinestar 8 HL

102. Cinestar 8 Okto XL

103. Coaxial Quad Multirotor VAO1

- V1

104. Coaxial Quad Multirotor VAO2

- V2

105. CopelandRED LLC Delta Wing Aircraft

106. CyberQuad Maxi

107. DAx8

108. DJI Flame Wheel F450

109. DJI Flame Wheel F550

110. DJI Inspire

111. DJI Inspire 1

112. DJI Inspire 2

113. DJI M P330z

114. DJI Matrix

115. DJI Matrice 100

116. DJI Phantom

117. DJI Phantom 1

118. DJI Phantom 2

119. DJI Phantom 2+

120. DJI Phantom 2 Vision37

121. DJI Phantom 2 Vision+

122. DJI Phantom Vision +

123. DJI Phantom 3

124. DJI Phantom FC40

125. DJI Spreading Wings S900

126. DJI Spread ing Wings S1000

127. DJI Spreading Wings S1000+

128. DJI S800

129. DJI S800 EVO

130. DJI T600

131. Draganflyer Guardian

132. Draganflyer X4ES

133. Draganflyer X4P

134. Draganflyer X6

135. Drone

- Fleet Carbon Fiber V5

136. DT

- 18

137. DYS D800

- X8

138. Eagle VTOL

139. Eagle V2

140. E

- Flite Apprentice38

141. Event 38 E 384

142. F

- 450

143. Falcon VTOL

144. Fire Fly 6

145. First Aerial Responder UAV

146. Flame Wheel G4 7.8 Skycrane

147. Flying

- Cam 3.0 SARAH

148. Foxtech Kraken 130 V2

149. FreeFly Systems ALTA RTF

150. FreeFly Systems Octocopter Airframe (Legacy)

151. G4 models

152. GeoStar

153. GerMAP G180

154. GerMAP G22 0

155. goFarm GF

- 1

156. Gryphon Dynamics X8

157. GT80X

158. Harris 18 HL

159. HEFF

160. Helicopters West DJI Inspire39

161. Helicopters West SkyJib 8

162. Helios 960

163. Hawkeye Mk

- III

164. HexaCrafter HC

- 1100

165. HexaCrafter HO

- 1250

166. HH Blade 350QX2 AP

167. Hobbyking “Bixler” Fixed Wing Trainer

168. HoneyComb AgDrone

169. Horizon Hobby Blade 350 Qx2 quadcopter

170. Hoverfly LiveSky, BigSky 60 and H

- Frame

171. Hubsan X4 micro drone

172. HVP 14301 MultiRotor

173. Identified System

174. IMT Global xFold Cinema

175. Indago

176. Industrial Aerobotics SD02

177. InovalDrone:Inova One

178. Instan tEye Mk

- 2

179. InstantEye Mk

- 2 Gen2

180. Intuitive Aerial Aeragon40

181. K130 Octocopter

182. KongCopter X8

183. Kopterworx Hammer X12

184. Latitude HQ

- 4 Hybrid Multirotor

185. LB700

186. Leading Edge Precision Vision 10

187. Leptron Avenger

188. Lewis Realty Associates Hexacopter 650

189. Liberty 1

190. Lockheed Martin Desert Hawk III

191. Lockheed Martin Indago

192. MaxFlight

193. Microdrones MD4

- 200

194. Microdrones MD4

- 1000

195. Microdrones MD4

- 3000

196. Mikrokopter 2.5

197. MLB Company Super Bat

198. Monarch Ag

199. MU

- 1H

200. Multirotor G4 7.8 Skycrane41

201. Multirotor G4 Eagle

202. Nighthawk

203. N ighthawk VTOL

204. OktoXL 6S12

205. PAG X4

206. Parksone Radian RTF

207. Parrot Bebop drone

208. Parrot PF 725100 Bebop Drone 14MP

209. Parrot Skycontroller

210. Patriot X4

211. Patriot X8

212. Finwing Penguin V2

213. Phoenix

214. Phoenix VTOL

215. Phoenix 60

216. Phoenix 60LE

217. Pixhawk

218. Precision Drone Pac esetter

219. PrecisionHawk

220. PrecisionHawk Hawkeye Mk

- III42

221. PrecisionHawk Lancaster

222. Precision Lancaster MK3

223. PreNav 1.0

224. Prioria Hex

225. Prioria’s Maveric

226. Pulse Aerospace, PA 01 Vapor

227. Pulse Aerospace Pulse Vapor 35

228. Pulse Vapor

229. Puma AE DDL

230. PV 14817 Multi Rot or

231. PV HL1

232. PV HL2

233. Q1

234. Quadcopter LLC MikroKopter

235. Quiet UAV

236. Qube

237. Range Video RVJet

238. R/C Rotors and Aerial Media: Matrix Prof. Multi Rotor Frame & Octo Heavy Lift

Prof. Multi Rotor

239. RCTimer Hexacopter

240. RDASS43

241. REHawk 500

242. REHawk 680

243. RF

- 70

244. Riegl RiCop ter

245. RITEWING Z3 Spade 47”

246. Ritewing Drake 60”

247. RITEWING Z3 Spade 70”

248. RITEWING Z4 Spade 52”

249. RMAX

250. Roboflight RF

- 70

251. Ronin Octo

- Ashley

252. Ronin Octo

- Mary Kate

253. Rotomotion SR

- 15

254. Scout X4

255. SD02

256. Seahawk 1.2

257. SelectTech Geospacial’s EH

- 4

258. SenseFly eBee

259. Se nseFly eBee RTK

260. SenseFly eXom44

261. Sensurion Magpie MP

- 1

262. Service

- Drone Recon One

263. Service

- Drone Blackbird

264. SH 900

265. ShadowHawk

266. Shrike

267. Sirius Basic

268. Sirius Pro

269. Skycatch

270. SkyPhilly MI

271. Skywalker Aero

272. Skywalker Flying Wing X8

273. SkyWard 1

274. SnapRoll Media SUA S

275. Solutions Phoenix 30

276. Stark Aerospace ArrowLite

277. SteadiDrone

278. Steadidrone Quad

279. Steadydrone QU4D

280. Steadidrone Mavik45

281. SuperX/P2 Multirotor

282. Swift Radioplanes Lynx

283. Tali 500

284. Talon 120LE

285. Tarot FY690S Hexacopter

286. Tarot quadcopter

287. Tarot 680pro

288. Tarot 69 0

289. Tarot 900

290. Tarot 960

291. Tarot T

- 15

292. Tarot T15 C/F Folding Octocopter

293. Tarot T18 UAV

294. Tarot T690

295. Tarot T810

296. Tarot T960

297. Tarsier Systems MoAC

298. Tayzu Robotics Titan X8

299. TBS Discovery Pro

300. Team Black Sheep Discovery Pro Tarot T1546

301. Thrust UAV Freeflight X4

302. T

- Rex 700E F3C

303. TREX 800E DFC PRO

304. Trimble UX5

305. Trimble UX5 hp

306. Trimble ZX5

307. Turningy Talon 500

308. TUP X8

- 800

309. Turbo Ace CINEWING 6

310. TurboAce Matrix

- G quadcopter

311. Turbo Ace matrix

- E

312. Turbo Ace MATRIX

- 1

313. UAV Factory Penguin B

314. UAV Solutions Phoenix 60

315. Uni verseye Penguin

316. Universeye Penguin V2

317. Unmanned Flying Rolling Orb “UFRO”

318. US2 GreenHawk

319. UtiliCopter ITX8

320. VA03

- v147

321. VA04

- v1

322. VA07

- v1

323. Vanguard Defense Industries ShadowHawk

324. Viking UAS Multicopter (VTOL)

325. Viking UAS FF

- X4/X8

326. VK

- Patriot X4/X8

327. Viking UAS Patriot X4/X8 Multirotor

328. Viking UAS X6 Model 800

329. Viking UAS Viking ONE

330. VK

- 450

331. Viking Unmanned Aerial Systems, LLC AgriView VK Ranger EX

332. Viking VK

- FF

- X4

333. VK

- Ranger EX

- SAR Fixed Wing UAS

334. Volantex Raptor Tarot T

- 18

335. Volt Aerial Robotics Octane

336. Vu lcan X8 controlled by a DJI A2 flight controller

337. Vulcan Mantis

338. Vulcan Octocopter

339. Vulcan Raven

340. Vulcan UAV48

341. Walkera TALI H500

342. Walkera Scout X4

343. Wookong DJI 5800

344. xCel Drones XD550CDR

345. XFold Rig with four configurations: Quadcopter, Hexcopter, Octocopter and x12

Copter

346. X8

- M

347. Yuneec Electric Aviation Model Q500 Typhoon