12 June 2015 

U. S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE 

Washington, DC 20590 

Re: Summary Processing: Exemption Request Under Section 333 of the FAA Reform Act and Part 11 

of the Federal Aviation Regulations Based Upon Exemption 1111 OA Issued to Trimble Navigation 

Limited 

Dear Sir or Madam: 

GPServ, 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 UX5 and the UX5 hp aircraft 

manufactured by Trimble 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 Exemption 11257, the 

FAA also recently authorized use of the Trimble UX5 by a third party under conditions like those in 

Exemption 1111 OA. 1 Applicant hereby confirms that it will accept the conditions in Exemptions 111 1 OA 

and 11257. 

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 request is identical to the already issued precedent, this request should qualify 

for summary processing as the FAA has already provided public 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 to 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 

Exemption No. 11257 to Montana Land Surveys (see Docket No. FAA-2014-0889). 

62 1 Brookhaven Drive · O rlando, FL 32803 

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U.S. Department of Transportation 

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Page 2 

public interest. 2 In those cases, use of the proposed sUAV not only enhanced safety but also fulfilled the 

Secretary of Transportation'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: 

David H. Holt, President 

GPServ, Inc. 

621 Brookhaven Drive 

Orlando, FL 32803 

Phone: (407) 601 -5816 

dave@gpserv.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) 

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. 

Reform 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." /d. § 333(c) (emphasis added).

3 

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), and 

11213 to Aeryon Labs, Inc. (see Docket No. FAA-2014-0642). 

62 1 Brookhaven Drive · Orlando, FL 3 2803 

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U.S. Department of Transportation 

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Page 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 and weigh 55 or fewer lbs. 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, as further explained, and only within line of sight. They will operate 

as set forth in the manuals previously submitted and made a part hereof. 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"5 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 

1111 OA 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 lbs. , 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 lbs. 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 

not 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 recreational pilot 

license, approval of the application presents no national security issue. 

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 ). 

5 Section 333(b) of the Reform Act. 

621 Brookhaven Drive · O rlando, FL 32803 

Toll Free 888-782- 1997 Local 407-601 -5816 Fax 407-601-5826 
U.S. Department of Transportation 

12-Jun-15 

Page 4 

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. l(a}, 91. 119(c}, 

91.121, 91.151(a)(1), 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 lbs. or less) in motion picture and television operations 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 111 OA. Accordingly, the applicant respectfully requests 

that the FAA grant the requested exemption without delay. 

yours, )/)~ 

i . Holt, PrLnt 

GPServ, Inc 

621 Brookhaven Drive · Orlando, FL 32803 

Toll Free 888-782 ·1997 Loca l 407-601-5816 Fax 407-601-5826 
U.S. Department of Transportation 

12-Jun-15 

Page 5 

APPENDIX 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 medical 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 lightsport 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 UAS 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 FAAissued 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 remotely 

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, 11360and 11447. 

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 flying over areas other than congested areas to an altitude of 500 feet above the surface, except 

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Page 6 

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. 

As 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 AGL, 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 11 062, 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 model 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 

launch site shown on the GPS altitude indicator before flight. The FAA has granted exemptions to 

conduct similar operations in Exemptions 11062, 1121 3, 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 1 0 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. 

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U.S. Department of Transportation 

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Page 7 

Applicant 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, 57 45, 10673, 10808 and Exemptions 11062, 11213, 

11360 and 11447. 

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 mechanical 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 and 11447. 

62 1 Brookhaven Drive · Orlando, Fl 32803 

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