Nathan Rigby

3529 Autumn Colors Dr.

Elko, NV, 89801

January 15, 2016

U. S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

Re: Section 333 Exemption Request

Dear Sir or Madam,

The applicant, “Nathan Rigby”, herewith applies for an exemption under Section 333 of the FAA 

Modernization and Reform Act of 2012 and 14 C.F.R Part 11 and seeks exemption from the 

following Federal Aviation Regulations (“FARs”) as listed:

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)

14C.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)

The requested exemption would authorize commercial operations using the UX5 manufactured 

by Trimble for mapping and survey applications at mine sites. The use of the UX5 will provide a 

collection of high-definition still images that are used later to generate maps and contour lines 

of the surveyed area. Advantages that can be gained from the use of the UX5 include:

 Real time, and accurate data

 Lower costs of equipment

 Less personnel needed to complete projects
 Safety. Currently surveyors at mine sites have one of the most hazardous jobs. 

Common tasks like high wall, and stockpile surveys expose workers on the ground to 

the risks associated with falling material and being near large heavy equipment.

These operations will be subject to strict operating requirements including those defined in the 

UX5 user manual to ensure at least an equivalent level of safety to currently authorized 

operations using manned aircrafts. The main requirements are summarized below:

 Operations to be conducted over private, controlled-access, or public property where 

approved;

 Permission from the land owner/authority required before commencing any flight;

 Operations over congested areas shall be avoided;

 Operations must not interfere with manned aircraft operations, must yield the right of 

way to manned aircraft, and operators must See & Avoid other aircraft and obstacles at 

all times

 Operations limited to Visual Flight Rules Meteorological Conditions (VMC) and daylight

hours

 Aircraft operations must remain within Visual Line of Sight (VLOS) and will be visually

monitored at all times;

 VLOS guaranteed 

 Flight ceiling pre-programed at 400feet;

 All operations conducted within 5 miles from an airport shall only be initiated after 

verbal coordination with the airport authority, or air traffic control when a control tower 

is present at the airport;

 All operations shall comply with required permissions and permits established by

territorial, state, county or city jurisdictions; including local law enforcement, fire, or 

other appropriate governmental agencies.

 The UX5 operations will be compliant with existing safety procedures inherent to the

activities of the related company.

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 exemptions allowing commercial operation of applicant’s UAS in aerial 

mapping, photogrammetry, inspection, volume calculation, and land surveying.

Sincerely,

Nathan Rigby