August 20, 2015

Exemption No. 12534

Regulatory Docket No. FAA−2015−1364

Mr. John W. Gunnett, P.G.

Skelly and Loy, Inc.

449 Eisenhower Boulevard

Suite 300

Harrisburg, PA 17111-2302

Dear Mr. Gunnett:

This letter is to inform you that we have granted your request for exemption. It transmits our 

decision, explains its basis, and gives you the conditions and limitations of the exemption, 

including the date it ends.

By letters dated April 20 and June 8, 2015, you petitioned the Federal Aviation 

Administration (FAA) on behalf of Skelly and Loy, Inc. (hereinafter petitioner or operator) 

for an exemption. The petitioner requested to operate an unmanned aircraft system (UAS) to 

conduct aerial photography and surveys.

See Appendix A for the petition submitted to the FAA describing the proposed operations and 

the regulations that the petitioner seeks an exemption.

The FAA has determined that good cause exists for not publishing a summary of the petition 

in the Federal Register because the requested exemption would not set a precedent, and any 

delay in acting on this petition would be detrimental to the petitioner.

Airworthiness Certification

The UAS proposed by the petitioner is a Trimble UX5.
2

The petitioner requested relief from 14 CFR part 21, Certification procedures for products 

and parts, Subpart H—Airworthiness Certificates. In accordance with the statutory criteria 

provided in Section 333 of Public Law 112−95 in reference to 49 U.S.C. § 44704, and in 

consideration of the size, weight, speed, and limited operating area associated with the 

aircraft and its operation, the Secretary of Transportation has determined that this aircraft 

meets the conditions of Section 333. Therefore, the FAA finds that the requested relief from 

14 CFR part 21, Certification procedures for products and parts, Subpart H—Airworthiness 

Certificates, and any associated noise certification and testing requirements of part 36, is 

not necessary.

The Basis for Our Decision

You have requested to use a UAS for aerial data collection1. The FAA has issued grants of 

exemption in circumstances similar in all material respects to those presented in your petition. 

In Grants of 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), the FAA found that the enhanced safety achieved using an unmanned 

aircraft (UA) with the specifications described by the petitioner and carrying no passengers or 

crew, rather than a manned aircraft of significantly greater proportions, carrying crew in 

addition to flammable fuel, gives the FAA good cause to find that the UAS operation enabled 

by this exemption is in the public interest.

Having reviewed your reasons for requesting an exemption, I find that—

 They are similar in all material respects to relief previously requested in Grant of 

Exemption Nos. 11062, 11109, 11112, and 11213;

 The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and 

11213 also apply to the situation you present; and 

 A grant of exemption is in the public interest.

Our Decision

In consideration of the foregoing, I find that a grant of exemption is in the public interest. 

Therefore, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701, 

delegated to me by the Administrator, Skelly and Loy, Inc. is granted 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 91.417(a) and (b), to 

 

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

Examples include imagery (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 the UA.
3

the extent necessary to allow the petitioner to operate a UAS to perform aerial data collection.

This exemption is subject to the conditions and limitations listed below.

Conditions and Limitations

In this grant of exemption, Skelly and Loy, Inc. is hereafter referred to as the operator.

Failure to comply with any of the conditions and limitations of this grant of exemption will be 

grounds for the immediate suspension or rescission of this exemption.

1. Operations authorized by this grant of exemption are limited to the Trimble UX5 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.

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 operated 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 be 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 

capability. 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 of 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 

exemption, are hereinafter referred to as the operating documents. The operating 

documents must be accessible during UAS operations and made available to the 
4

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

limitations in this exemption 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 or 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 documents 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 its 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., replacement 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 

inspection 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 exemption, 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 Columbia, 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.
5

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

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

operated under this exemption, including evasive and emergency maneuvers and 

maintaining appropriate distances from persons, vessels, vehicles and structures. PIC 

qualification flight hours and currency must be logged in a manner consistent with 

14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs 

(training, proficiency, and experience-building) and determining the PIC’s ability to 

safely operate the UAS in a manner consistent with 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 dedicated training sessions. During 

training, proficiency, and experience-building flights, all persons not essential for 

flight operations are considered nonparticipants, and the PIC must operate the UA 

with appropriate distance from nonparticipants in accordance 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 meteorological 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 Directory (AFD) or for airports not 

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

FAA-published 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 Administrator or any law enforcement official upon request.

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

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

18. If the UAS loses communications or loses its GPS signal, the UA must return to a 

pre-determined location within the private or controlled-access property.

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

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

weather conditions) there is enough available power 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.

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All 

operations shall be conducted in accordance 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.
6

22. All aircraft operated in accordance with this exemption must be identified by serial 

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

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

be as large as practicable.

23. 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 the 

PIC at the Ground Control Station of the UAS any time the aircraft is operating. 

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

official upon request.

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

activities at all times. 

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

26. 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 nonparticipating 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 exemption.

27. 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 

obtained for each flight to be conducted.

28. Any incident, accident, or flight operation that transgresses the lateral or vertical 

boundaries of the operational area as defined by the applicable COA must be reported 

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

reported to the National Transportation Safety Board (NTSB) per instructions 

contained on the NTSB Web site: www.ntsb.gov.
7

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.

29. The operator must have a motion picture and television operations manual (MPTOM) 

as documented in this grant of exemption.

30. At least 3 days before aerial filming, the operator of the UAS affected by this 

exemption must submit a written Plan of Activities to the local Flight Standards 

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

notification 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 the UAS aerial filming conducted 

under this grant of exemption;

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 filming production 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.

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

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

exemption holder’s MPTOM.

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

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

parts 45, 47, 61, and 91.
8

This exemption terminates on August 31, 2017, unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan

Director, Flight Standards Service

Enclosures


449 Eisenhower Boulevard, Suite 300 

Harrisburg, PA 17111-2302 

Phone: 717-232-0593 

800-892-6532 

E-mail: skellyloy@skellyloy.com 

Internet: www.skellyloy.com 

Fax: 717-232-1799 

June 8, 2015 

Ms. Brenda Robeson 

Program Analysis, Airmen and Airspace Rules Division 

Federal Aviation Administration 

800 Independence Avenue 

Washington, D.C. 20591 

Re: Public Docket Number FAA-2015-

1364 

Dear Ms. Robeson: 

In response to your June 1, 2015, letter, Skelly and Loy, Inc. is providing the following 

supplemental information to Public Docket FAA-2015-1364. 

Skelly and Loy is seeking relief from the following regulations. 

14 C.F.R. §45.23(b): Marking of the Aircraft 

The regulation provides: 

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 aircraft near each entrance to the cabin, cockpit, or pilot station, in letters 

not less than 2 inches nor more than 6 inches high, the words "limited," 

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

The UX5 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(f). 

The equivalent level of safety will be achieved by having the UX5 marked on its forward 

fuselage as required by §45.29(f) where the pilot, observer, and others working with the UAV 

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

exemptions to this regulation to Trimble, Exemption No. 10700, and to others, including 

Exemption Nos. 8738, 10167 and 10167A. 

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 

14 C.F.R. § 91.203(a)(1) 

Section 91.203(a)(1) requires all civil aircraft to have a certificate of airworthiness. 

Part 21, Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements 

for the issuance of airworthiness certificates as required by FAR §91.203(a)(1). Given the size 

Office Locations: Pittsburgh, PA Morgantown, WV State College, PA Hagerstown, MD Hunt Valley, MD 
Ms. Brenda Robeson 

Page 2 

June 8, 2015 

of the aircraft (5.5 lbs.) and the limited operating area associated with its utilization, it is 

unnecessary to go through the certificate of airworthiness process under Part 21 Subpart H to 

achieve or exceed current safety levels. 

Such an exemption meets the requirements of an equivalent level of safety under 

Part 11 and Section 333 of the Reform Act. The Federal Aviation Act and Section 333 of the 

Reform Act both authorize the FAA to exempt aircraft from the requirement for an airworthiness 

certificate, upon consideration of the size, weight, speed, operational capability, and proximity to 

airports and populated areas of the UAS involved. 

In this case, an analysis of these criteria demonstrates that the UX5 operated without an 

airworthiness certificate, under the conditions proposed herein, will be at least as safe, or safer, 

than a conventional aircraft (fixed wing or rotorcraft) with an airworthiness certificate. The UX5 

weighs less than 6 lbs. fully loaded. It will not carry a pilot or passenger, will not carry 

flammable fuel, and will operate exclusively within an area pre-disclosed and in compliance with 

conditions set forth herein. Operations under this exemption will be tightly controlled and 

monitored by both the operator, pursuant to the conditions set forth above, and by local public 

safety requirements. The FAA will have advance notice of all operations through the filing of 

NOTAMs. Receipt of the prior permission of the land owner, the size of the aircraft, the lack of 

flammable fuel, and the fact that the aircraft is carried to the location and not flown there all 

establish the equivalent level of safety. The UX5 construction with absorbent material provides 

at least an equivalent level of safety to that of such operations being conducted with 

conventional aircraft that would be orders-of-magnitude larger and would be carrying 

passengers, cargo, and flammable fuel. 

14 C.F.R. §61.113(a) & (b); 61.133(a): Private Pilot Privileges and Limitations; Pilot in 

Command; Commercial Pilot Privileges and Limitations 

Section 61.113(a) and (b) limit private pilots to non-commercial operations. Unlike a 

conventional aircraft that carries a pilot, passengers, and cargo, the UX5 in this case is remotely 

controlled with no passengers or property of others on board. Section 61.133(a) requires an 

individual with a commercial pilot's license to be pilot in command of an aircraft for 

compensation or hire. Trimble respectfully proposes that operator requirements should take 

into account the characteristics of the particular UAS. Trimble's UX5 has a high degree of preprogrammed control and various built-in technical capabilities that strictly limit the potential for 

operation outside of the operating conditions set forth in the exemption application. 

The UX5 has a semi-autonomous navigation and control system comprised of a Ground 

Control Station (GCS) and auto-pilot system. All flights are pre-programmed with precision GPS 

guidance and do not require human intervention. Flight mission area and routing cannot be 

changed after launch. Flights are not directed by positive manual control nor are evasive 

maneuvers. In the case of unplanned events, the operator inputs pre-programmed evasive 

maneuvers from the control unit, and the control unit executes that maneuver. Pre-programmed 

operator interventions include diversion to the right; initiation of holding at present position; 

suspension of mission; fly back to launch point; fly to point and hold; abort mission and land; 

and emergency power cut off and land (Flight Termination System). 
Ms. Brenda Robeson 

Page 3 

June 8, 2015 

Additional automated safety functions and safety enhancing features of the UX5 include 

the following. 

• Auto-pilot detection of lost GPS or of insufficient satellites initiates an 

immediate spiral landing. 

• Low power on the aircraft triggers escalating alarms at GCS at 35% and 

10% levels. 

• If the auto-pilot detects a lost-link to the GCS for longer than 30 seconds, 

landing procedure begins. 

• The UX5 is inherently unstable, so auto-pilot fail will result in very rapid 

exit from flight. 

• Aircraft has an on-board failsafe that limits speed in the event of dive to 

approximately 14 mis. 

• The aircraft, weighing less than 6 lbs. fully loaded, is constructed of EPP 

foam or similar material which is intended to absorb impact energy. 

• The motor is driven by a pulse width modulated signal, not an analog 

signal. 

Given these safety features, Trimble proposes that operators of the UX5 should not be 

required to hold a commercial or private pilot certification. Instead, operators should be required 

to 

• have successfully completed, at a minimum, FAA private pilot ground 

instruction and passed the FAA Private Pilot written examination or FAArecognized equivalents and 

• have completed the manufacturer's training program for operation of the 

UAS. The manufacturer's training program will have been satisfactorily 

reviewed through the SAC process. 

Trimble notes that the FAA has found that safety factors permitted operation of UASs by 

operators with these qualifications in the case of operations pursuant to public COAs where the 

mandatory operating conditions specified above are present. See Federal Aviation 

Administration, Notice N-8900.227, Unmanned Aircraft Systems (UAS) Operational Approval, at 

20-21 (July 30, 2013). The FAA has the statutory authority, granted at 49 U.S.C. §44701 (f) to 

waive the pilot requirements for commercial operations. 
Ms. Brenda Robeson 

Page 4 

June 8, 2015 

Given these conditions and restrictions, an equivalent level of safety will be provided by 

allowing operation of the UX5 without a private pilot's certificate or a commercial pilot's 

certificate, under the conditions set forth herein. 

The risks associated with the operation of the UX5 (given its size, speed, operational 

capabilities, and lack of combustible fuel) are so diminished from the level of risk associated 

with private pilot operations or commercial operations contemplated by Part 61 with 

conventional aircraft (fixed wing or rotorcraft}, that allowing operations of the UAS as set forth 

above meets or exceeds the present level of safety provided under 14 C.F.R. § 61.113(a) and 

(b) and does not rise to the level of requiring a commercial pilot to operate the aircraft under 

§61.133(a). 

14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness 

This regulation requires that no person may operate a civil aircraft unless it is in 

airworthy condition. Should the exemption be granted allowing commercial operation of the 

UX5 without an airworthiness certificate, no standard will exist for airworthiness of the UX5. 

Given the size of the aircraft and the requirements that have presumably already been met in 

the SAC approval process for the UX5 (for instance, the UX5's Maintenance and Inspection 

Manual and Safety Checklist), an equivalent level of safety will be achieved by insuring 

compliance with the Trimble manuals prior to each flight. 

14 C.F.R. §91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft 

The regulation provides the following. 

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. 

Given the size and configuration of the UX5, it has no ability or place to carry such a 

flight manual on the aircraft, not only because there is no pilot on board, but because there is no 

room or capacity to carry such an item on the aircraft. 

The equivalent level of safety will be achieved by keeping the flight manual (e.g., User 

Guide, Exhibit 4) at the ground control point where the pilot flying the UAS will have immediate 

access to it. The FAA has issued to Trimble and others the following exemptions to this 

regulation: Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 95658, 10167, 10167A, 

10602, 32827, and 10700. 
Ms. Brenda Robeson 

Page 5 

June 8, 2015 

14 C.F .R. §91.109(a) and 91.319(a)(1 ): Flight Instruction 

These regulations provide that no person may operate a civil aircraft (except a manned 

free balloon) that is being used for flight instruction unless that aircraft has fully functioning dual 

controls. 

The UX5 is a remotely piloted aircraft and, by design, does not have fully functional dual 

controls. Flight control is accomplished through the use of a control box that communicates with 

the aircraft via radio communications. The flight plan is pre-programmed into the autopilot 

before flight and only in unusual circumstances will the pilot input control functions to alter the 

pre-programmed flight. If instruction is accomplished through a training program, as set forth in 

Exhibit 2, an equivalent level of safety will be assured. The FM has approved exemptions for 

flight training without fully functional dual controls for a number of aircraft and for flight 

instruction in experimental aircraft. See Exemption Nos. 5778K and 9862A. The equivalent 

level of safety will be achieved by the manufacturer providing training and through the use of 

experienced and qualified pilots familiar with the UX5. 

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 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 UX5 will never operate at higher than 400 feet AGL. It 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 500 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 UX5 is 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 with aerial survey operations 

conducted with aircraft or rotorcraft weighing far more than 5.5 lbs. 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 500 feet AGL. Indeed, the low-altitude operations of 

the UAS will maintain separation between these small-UAS operations and the operations of 

conventional aircraft that must comply with Section 91.119. 

14 C.F.R. §91.151(a): Fuel Requirements for Flight in VFR Conditions 

This regulation 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." 
Ms. Brenda Robeson 

Page 6 

June 8, 2015 

The UX5 batteries provide approximately 50 minutes of powered flight. Without an 

exemption from 14 C.F.R. §91.151, the UAS's flights would be limited to approximately 20 

minutes in length. Given the limitations on its proposed operations and the location of those 

proposed operations, a longer time frame for flight in daylight VFR conditions is reasonable. 

Trimble believes that an exemption from 14 C.F.R. §91.151 (a) is safe and within the 

scope of a prior exemption. See Exemption 10673 [allowing Lockheed Martin Corporation to 

operate without compliance with 91.151 (a)]. Operating the small UAS without 30 minutes of 

reserve fuel does not engender the type of risks that Section 91.151 (a) was meant to prevent 

given the size and speed at which the UAS operates. The fact that it carries no pilot, 

passenger, or cargo also enhances its safety. Additionally, limiting UX5 flights to 20 minutes 

would greatly reduce their utility. In the unlikely event that the UX5 should run out of fuel, it 

would simply land. Given its weight and construction material, the risks are less than 

contemplated by the current regulation. 

Trimble believes that an equivalent level of safety can be achieved by maintaining 1 O 

minutes of reserve fuel, which, allowing 40 minutes of flight time, would be more than adequate 

to return the UAS to its planned landing zone from anywhere in its operating area. 

Trimble holds an Exemption from this FAR, Exemption No. 10808 for its X-100 UAS and 

has applied for such an exemption for the UX5 as part of its SAC application. Similar 

exemptions have been granted to others, including Exemptions 2689F, 5745, and 10673. 

14 C.F.R. §91.203 (a} and (b}: Carrying Civil Aircraft Certification and Registration 

This regulation provides as follows. 

(a) ... no person may operate a civil aircraft unless it has ... an appropriate and 

current airworthiness certificate. 

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

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

under§ 91.715 is displayed at the cabin or cockpit entrance so that it is legible to 

passengers or crew. 

The UX5 fully loaded weighs no more than 6 lbs. As such, there is no ability or place to 

carry certification and registration documents or to display them on the UAS. In addition, there 

is no pilot on board the aircraft. 

An equivalent level of safety will be achieved by keeping these documents at the ground 

control point where the pilot flying the UAS will have immediate access to them. The FAA has 

issued numerous exemptions to this regulation. A representative sample of other exceptions 

includes Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700. 
Ms. Brenda Robeson 

Page 7 

June 8, 2015 

14 C.F.R. §91.405(a); 407(a)(1); 409(a)(2); 417(a): 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 air worthiness 

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." 

Maintenance of the UX5 will be compleated by the owner/operator pursuant to the 

manuals provided by Trimble. An equivalent level of safety will be achieved because the UAS is 

small in size, will carry no external payload, will operate only in restricted predetermined areas, 

and is not a complex mechanical devise. As provided in the attached Maintenance Manual and 

the Safety Checklist, which were reviewed as part of Trimble's SAC application, the operator of 

the UX5 will ensure that the UAS is in working order prior to initiating flight, perform required 

maintenance, and keep a log of any maintenance that is performed. Moreover, the operator is 

the person most familiar with the aircraft and is best suited to maintain the aircraft in an 

airworthy condition and to ensure an equivalent level of safety. 

The UX5's Maintenance Manual provides for replacement of the airframe every 50 hours 

of flight. This will ensure an equivalent level of safety to the maintenance requirements in 

Part 91. In addition, between such air frame replacements, should a mechanical issue arise, 

the aircraft will either return to its launch site or immediately land. 

Public Interest 

The requested exemption would permit commercial operation of Trimble's UX5, which 

weighs 5.5 lbs. and performs precision aerial surveys that consist of still photographs taken by 

onboard cameras. The UX5 takes a series of high quality, still digital images that are used to 

produce precision digital point clouds, triangulated models, and contour maps of the surveyed 

area. Applications for these UAS devices and associated data processing functions include 

agriculture, mining, and professional surveying. Use of the UX5 for aerial surveys reduces the 

need to operate conventional aircraft for the same purpose and provides very high quality 

imagery at a fraction of the cost of surveys using conventional aircraft. These savings result in 

enhanced efficiency and productivity for the affected activities, as well as environmental 

benefits. 

Equivalent Level of Safety 

The applicant respectfully submits that because this small, unmanned aerial vehiclethe UX5-will be used in lieu of comparatively hazardous operations now conducted with fixed 

wing and rotary conventional aircraft, the FAA can have confidence that the operations will 

achieve at least an equivalent level or greater level of safety. Approval of this exemption would 

thereby enhance safety and fulfill the Secretary of Transportation's (the FAA Administrator's) 
Ms. Brenda Robeson 

Page 8 

June 8, 2015 

responsibilities under Section 333(c) of the Reform Act to "establish requirements for the safe 

operation of such aircraft systems in the national airspace system." 

Pilot Information 

Richard S. Johnston 

FAA Certificate Number: 3374141 

Trimble UX5 Aerial Imaging Remote Pilot Certificate Number: 3722467 

If you have further questions or need additional information please contact us. 

Sincerely yours, 

SKELLY and LOY, Inc . 

John W. Gunnett 

. ~ P.G. 

Chief Operating Officer, President 

cc: Rick Johnston 

File: ROBESON_JWG.docx