# • .. '1/o4-3

UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION WASHINGTON, DC Regulatory Docket No. 

### A ,,•. ,,.. ;. L**~)**



### IN THE MATTER OFTHE PETITION FOREXEMPTION OF: Elevated Engineering, LLC FORAN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF TITLE 14 OF THE CODE OF FEDERAL REGULATIONS 

### SECTIONS 14 C.P.R. Part 21, Subpart H, 14 C.P.R. §45.23(b), 14 C.P.R. §61.113(a) and (b), 14 C.P.R. §91.7(a), 14 C.P.R. §91.9(b)(2), 14 C.P.R. §91.103, 14 C.P.R. §91.109, 14 C.P.R. §91.119, 14 C.P.R. §91.121, 14 C.P.R. §91.151(a), 14 C.P.R. §91.203(a) & 

### (b), 14 C.P.R. §91.405(a), 14 C.P.R. §407(a)(2), 14 C.P.R. §417(a) & 

### (b), 14 C.P.R.§ 91.409(a)(l) & 

### (a)(2) and Title 14 Chapter 1, SubchapterD

Parts 60 thru 67-61.1 to 61.429 CONCERNING COMMERCIAL OPERATION OF THE AIRCRAFT UNMANNED AIRCRAFT SYSTEMS 

### PURSUANT TO SECTION 333 

### OF • THE FAA MODERNIZATION AND REFORMACT OF 2012 (PUBLIC LAW 112-95)

Submitted on 11th ofFebruary, 2016

Elevated Engineering, LLC 1095 Saberton Avenue Sheridan, WY 82801

Page 1 of17

# • TABLE OF CONTENTS Page

GLOSSARY OF ABBREVIATIONS

........................................................................................ 3
SUMMARY

................................................................................................................................ 4
INTRODUCTION AND INTERESTS OF PETITIONER

........................................... 4
BACKGROUND

............................................................................................ 5
THE AIRCRAFT

........................................................................................... 5
BASIS FOR PETITION

................................................................................... 7
A. NAME AND ADDRESS OF PETITIONER

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

# • B. SPECIFIC SECTIONS OF 14 C.F.R. FROMWHICH PETITIONER SEEKS EXEMPTION

........................................................................ 8 C. PUBLIC INTERESTS BENEFITED BY GRANTING PETITIONER'S REQUEST

.................................................................................... 11 D. SAFETY PRECAUTIONS THATWILL BE OBSERVED BY PETITIONER

................................................................................. 12
SUMMARY OF REQUEST FOR PUBLICATION IN THE FEDERAL REGISTER

................................................................................................. 15 ANYADDITIONAL INFORMATION, VIEWS, ORARGUMENTS AVAILABLE TO SUPPORT PETITIONER'S REQUEST

..........................................15 CONCLUSION

............................................................................................. 16 APPENDICES

.............................................................................................. 18 

# • Page 2 

### of17

# • GLOSSARY OF ABBREVIATIONS

AGL Above Ground Level AOI Area ofInterest ATC Air Traffic Control ATO Air Traffic Organization AV Aerial Vehicle CFR Code ofFederal Regulations COA Certificate ofAuthorization FAA Federal Aviation Administration FAR Federal Aviation Regulation FMRA FAA Modernization Reform Act of2012 GCS Ground Control Station GPS Global Positioning System 

# • LOL Loss ofLink NAS National Airspace System NOT AM Notice to Airman PIC Pilot in Command Section 333 FRMA Section 333 

# so Safety Observer SOP Standard Operating Procedures UA Unmanned Aircraft UAS Unmanned Aircraft System VFR Visual Flight Rules VLOS Visual Line ofSite VMC Visual Meteorological Conditions VTOL Vertical Takeoffand Landing 

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• SUMMARY Elevated Engineering, LLC (Petitioner) seeks exemption from the requirements of 14 C.F.R. Part 21, Subpart H, 14 C.F.R. §§ 45.23(b), 61.113(a) and (b), 91.7(a), 91.9(b)(2), 91.103, 91.109, 91.119, 91.121, 91.151(a), 91.203(a) & 

### (b), 91.405(a); 407(a)(2); 417(a) & 

### (b); and 409(a)(1) & 

### (2), and Title 14 Chapter 1, SubchapterD Parts 60 thru 67 61.1 to 61.429, to operate an Unmanned Aircraft Systempursuantto Section 333 ofthe FAAModernization andReform Act of2012 (FMRA). This exemption will permit thePetitioner to operate a UAS for the commercial purposes of conducting aerial land surveying, 3D aerial mapping & 

### land scanning, 3D aerial infrastructure mapping, aerial GIS data collection, aerial imagery, environmental surveying & 

### imagery, archeological surveying & 

### imagery, wildlife surveying & 

### imagery, aerial photography and videography, real estate marketing, corporate videography, insurance claim assessment, special events photography and videography, golf course management, roof inspection, private and governmental training, fire spotting and investigation, rescue assistance, and crime/accident scene data collection imagery/analysis over areas ofthe United States.

INTRODUCTIONAND INTERESTS OF THE PETITIONER Elevated Engineering, LLC primarily offers its services in the areas of civil and environmental engineering, geographic information system (GIS) mapping, and surveying throughout the Rocky Mountain region. In that capacity, the Petitioner's clients range from rural water districts and state and local governments to private sectorbusinesses. Throughits surveying activities, the Petitioner will provide its clients with valuable engineering data, which will enable bothpublic and private entities to make informed decisions regardinginfrastructure improvement. The primary objective ofthe Petitioner's use ofthe Unmanned Aircraft System aerial operations is to provide a safer and more efficient method of collecting raster data for a variety of governmental and commercial uses, including:
• Water supply projects; • Parks improvement projects; • Water delivery and sewerimprovementprojects; • GIS mapping; • Inspecting waterlines and pipelines; and • Identifying leaks, damages and inefficiencies in various types ofinfrastructure. Through the use ofthe Unmanned Aircraft Systems, the Petitioner will be able to better ensure the safetyofits surveying teams byminimizingthe risks associated with sending surveyors into the field, such as injuries arising from traversing unstable terrain and rural transport routes. Accordingly, the Petitioner seeks this exemption for the following uses:
• Land surveying; • 3D aerial mapping & 

### land scanning; • 3D aerial infrastructure mapping; Page4 

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• • Aerial GIS data collection; • Aerial imagery; • Environmental surveying & 

### imagery; • Archeological surveying & 

### imagery; and • Wildlife surveying & 

### imagery. In addition to using UAS to improve the Petitioner's services in the areas of civil and environmental engineering, geography systemsmapping, and surveying, thePetitioner also seeks this exemption to conduct operations in the following fields ofservice:
• Aerial photography and videography; • Real estate marketing; • Corporate videography; • Insurance claim assessment; • Special events photography and videography; • Golfcourse management; • Roofinspection; • Private and governmental training; • Fire spotting and investigation; • Rescue assistance; and • Crime/accident scene data collection imagery/analysis

. BACKGROUND The Petitioner seeks an exemption to operate the Trimble family ofaircraft, including the UX5, the UX5 HP, and the ZX5 Unmanned Aircraft Systems for compensation orhire within the NAS. The individual specifications for each ofthe three (3) above-mentioned UAS devices for which the Petitioner seeks exemption for are set out in the section below, entitled "THE AIRCRAFT." The Trimble UAS that will be operated by Petitioner will be registered in accordance with 49 U.S.C. 44103, 

### Registration of Aircraft, as well as 14 C.P.R. Part 47,

### Aircraft Registration, and marked in accordance with 14 C.P.R. Part 45, 

### Identification andRegistration Marking. THE AIRCRAFT The UAS that the Petitionerrequests to operate commercially are the devices made by Trimble. 

### SeeAPPPENDIX A: Trimble Exemptions 11110, IlllOA, IlllOB. To date, Tremble has three (3) UAS, the UX5 HP, the UX5, and the ZX5 known collectively as "THE AIRCRAFT." The individual specifications for each UAS is provided below.

(1) UA: Structure: Propulsion: UX5HP EPP foam; Caron frame structure; and various composite elements. Electric pusherpropeller, brushless 1400 W motor. Page 5 of17

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• Control Software:

Connectivity: Battery: Dimensions: Wingspan: Weight: Cruise Speed: Safety System:

Flight time: Trimble Tablet Rugged PC operating Trimble Access Aerial Imaging Applications. Applications include: project management mission planning for multiple flights; automated pre-flight checks; automatictake offflight and landing; autonomous cameratriggering automated fail-safe routines; user controlled fail-safe commands; automated post-flight checks; and Trimble Access integration. 2.4 Ghz (FHSS) with range of5 km 

### (3.10 mi) 14.8 

## v, 6600 mAh 

### 100 em x 65 em x 10.5 em (39.37 in x 25.59 in x 4.13 in) 1m (3.28 ft) 

### 2.9 kg (6.4lb) 85 kmh 

### (53 mph) Remote control lost contact with GPS emergency position hold and landing; lost remote control contact without GPS position emergency hold and landing; lost remote control contact in GPS flight mode emergency position hold and landing; lost remote control contact in manual flight mode emergency position hold and landing; and battery low voltage emergency position hold and landing. 35 minutes SeeAPPENDIXB: UX5 HP Operations Material. 

### (2) UA: Structure: Propulsion: Control Software:

Connectivity: Battery: Dimensions: Wingspan: Weight: Cruise Speed: Safety System:

Flight time: UX5 

### EPP foam; Caron frame structure; and various composite elements. Electric pusherpropeller, brushless 700 W motor. Trimble Tablet Rugged PC operating Trimble Access Aerial Imaging Applications. Applications include: project management mission planning for multiple flights; automated pre-flight checks; automatictake offflight and landing; autonomous cameratriggering automated fail-safe routines; user controlled fail-safe commands; automated post-flight checks; and Trimble Access integration. 2.4 Ghz (FHSS) with range of5 km 

### (3.10 mi) 14.8 

## v, 6000 mAh 

### 100 em x 65 em x 10.5 em (39.37 in x 25.59 inx 4.13 in) 1

### m (3.28 ft) 

### 2.5 kg (5.5 lb) 65 kmh (

### 40 mph) Remote control lost contact with GPS emergency position hold and landing; lost remote control contact without GPS position emergency hold and landing; lost remote control contact in GPS flight mode emergency position hold and landing; lost remote control contact in manual flight mode emergency position hold and landing; and battery low voltage emergency position hold and landing

. 50 minutes Page 6 

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### • SeeAPPENDIXC: UX5 OperationsMaterial.



# •

• (3) UA: 

### Structure: Propulsion: Control Software:

Connectivity: Battery: Dimensions: Weight: Cruise Speed: Safety System:

Flight time: ZX5 Caron frame structure. Electric pusherpropeller, 6 brushless motor. Trimble Tablet Rugged PC operating Trimble Access Aerial Imaging Applications. Applications include: project management mission planning for multiple flights; automated pre-flight checks; automatic take offflight and landing; autonomous cameratriggering automated fail-safe routines; user controlled fail-safe commands; automated post-flight checks; and Trimble Access integration. 2.4 Ghz (FHSS) with range of2 km 

### (1.2 mi) 2X 14.8 V, 6600 mAh 

### 85 em x 49 em (33.5 in x 19.3 in) 5.0 kg (11 lbs) max speed is 87 knots (10 mph) Remote control lost contact with GPS emergency position hold and landing; lost remote control contact without GPS position emergency hold and landing; lost remote control contact in GPS flight mode emergency position hold and landing; lost remote control contact in manual flight mode emergency position hold and landing; and battery low voltage emergency position hold and landing. 20 minutes SeeAPPENDIXD: ZX5 

### Operations Material. 

### BASIS FORPETITION Pursuant to FAA regulations and the FAA modernization and Reform Act of 2012 (FMRA), Section 333, Special Rules for Certain Unmanned Aircraft Systems, the Petitioner hereby petitions the Administrator to allow the Petitioner to commercially operate the abovereferenced UAS in the NAS and to grant the Petitioner exemptions from the requirements of 14 C.P.R. Part 21, Subpart H, 14 C.P.R.§§ 45.23(b), 61.113(a) and (b), 91.7(a), 91.9(b)(2), 91.103, 91.109, 91.119, 91.121, 91.151(a), 91.203(a) & 

### (b), 91.405(a); 407(a)(2); 417(a) & 

### (b); and 409(a)(1) & 

### (2), and Title 14 Chapter 1, Subchapter D Parts 60 thru 67-61.1 to 61.429.


### A. NAME AND ADDRESS OF PETITIONER The name and address ofthe Petitioner and point ofcontact is: Brian Venn Elevated Engineering, LLC 1

095 Saberton Avenue Page 7 of17

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• Sheridan, WY 82801 Phone: (307) 674-0609 Email: bvenn@609consulting.com B. SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH PETITIONER SEEKS EXEMPTION The Petitioner requests an exemption from the following regulations as well as any additional regulations that may technically apply to the operation ofUAS's. 14 C.F.R. Part 21, Subpart H: Airworthiness Certificates Both 49 U.S.C. §44701(±) and Section 333 authorize the FAA to exempt certain UA from the requirement for an airworthiness certificate based upon their size, weight, speed, and operational capabilities. Given the size, weight, speed and operational capabilities ofTHE AIRCRAFT discussed above, an exemption from Part 21 subpart H would satisfy the requirements ofSection 333. 14 C.F.R. §45.23(b): Display ofMarks; General 14 C.F.R. §45.23(b) requires a restricted, light-sport, experimental, or provisionally certificated aircraft to display in letters not less than two (2) inches nor more than six (6) inches highthe words "limited," "restricted," "light-sport," "experimental," or "provisional" as applicable. Furthermore, the aforementioned verbiage mustbeplaced on the aircraft near the entrance to the cabin, cockpit, orpilot station. As THE AIRCRAFT do nothave a cabin, cockpit, orpilot station, nor do theyhave an airworthiness certificate, the Petitionerrequests an exemption from this section. Should it be required, the Petitioner will display the word "experimental" on the fuselage ofTHE AIRCRAFT as required by 14 C.F.R. §45.29(±). 14 C.F.R. §61.113(a) and (b): Private Pilot Privileges and Limitations: Pilot in 

### Command 14. C.F.R. §61.113(a) states that "no person who holds a private pilot certificate may act as a pilot in command ofan aircraft that is carryingpassengers orproperty for compensation or hire; normaythat person, for compensation orhire, act as apilot in command ofan aircraft." 14 C.F.R. §61.113(b) states that "Aprivate pilotmay, for compensation orhire, act as a pilot in command ofan aircraft in connection with any business or employment" ifthe flight is "only incidental to that business or employment" or "the aircraft does not carry passengers orproperty for hire." Current FAA proposals have omitted this as a future requirement for operation ofUAS; therefore, the Petitionerrequests an exemption from this regulation. That being said, the Petition will follow all UAS manufactures safety recommendations and instructions pursuant to the applicable user manual. 14 C.F.R. §91.7(a): Civil Aircraft Airworthiness 14 C.F.R. §91.7(a) states that "no person may operate a civil aircraft unless it is in an Page 8 of17

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• airworthy condition." Section 333 allows for UA to operate without an airworthiness certificate; thus, the Petition seeks an exemption from this regulation. Although an airworthiness certification is un-needed pursuant to Section 333, the Petition will ensure airworthiness before each flight by way ofthe manufacturer's maintenance manual and a series ofpre-flight checks bythe operator. 14 C.F.R. §91.9(b)(2): CivilAircraft Flight Manual in the Aircraft 

### 14 C.F.R. §91.9(b)(2) requires a current approved Airplane Manual with approved manual material, markings, and placards to be in the aircraft. Given the size restrictions ofTHE AIRCRAFT, the Petitionerrequests an exemption from this regulation. While the Petitioner cannot comply with the exacting language ofthe regulation, the same spirit ofsafety will be accomplished bykeeping the manufacturer's flight manual at the GCP, where the operator will have immediate access to it should a necessary situation arise. 14 C.F.R. §91.103: Preflight Action 

### 14 C.F.R. §91.103 requires each pilot in command to become familiar with all available information concerningthe flight including weather, runway lengths, alternate airports, ATC instructions, and aircraft capabilities. As the Petitioner will need an exemption from 14 C.F.R. §91.9(b)(2), the practicalities of this section are minimal at best. Therefore, the Petitioner requests an exemption from this regulation. In the spirit ofthe intended safety, the UAS operator will take all actions necessary to prepare for the flight including, but not limited to, briefing weather, battery requirements, landing and takeoff distances, and awareness ofanypotential hazards. 14 C.F.R. §91.109: Flight Instruction 

### 14 C.F.R. §91.109 states that "no person may operate a civil aircraft (except a manned free balloon) that is beingused for flight instructionunless that aircraft has fully functioning dual controls." Control ofTHE AIRCRAFT is accomplished through computerprogramming and a tablet at the GCP that communicates withthe UA through radio frequencies. Accordingly, THE AIRCRAFT do not have fully functioning dual controls. In the past, the FAA has (and continues to) granted exception to this regulation in both UAS and experimental class aircraft. As aresult, the Petitioner seeks an exemption from this regulation. 14 C.F.R. §91.119: Minimum Safe Altitude 

### 14 C.F.R. §91.119 requires aircraft to remain at an altitude of at least 500 feet above the surfacein areas deemed "otherthan congested areas." Moreover, an aircraft maynot operate closer than 500 feet to any person, vessel, vehicle, or structure. Pursuant to Section 333, THE AIRCRAFT will be operating no higher than 400 ft. AGL; therefore, the Petitioner cannot comply with the requirements of this regulation and, accordingly, requests an exemption from the same. Should THE AIRCRAFTberequired to fly over or near existing private property while providing, but not limited to, aerial imagery, property inspections, damage inspections, rescue operations, aerial surveying, and 3D mapping, the private Page 9 of17

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• landowners will be notified in person by the Petitioner, or by a card left behind by the Petitioner if requested. Furthermore, the Petitioner will review with the landowners the specific risk to people and property; however, these risks are not comparable to the intention ofthis regulation as it was based on full size aircraft and rotorcraft. 14 C.F.R. §91.121: Altimeter Settings 

### 14 C.F.R. §91.121 requires aircraft to maintain a cruising altitude or flight level based on barometric altimeter that is set to a reporting station within 100 NM ofthe aircraft during flights below 18,000 feet MSL. THE AIRCRAFT do not have barometric altimeters; the altitude is maintained and reported by way of GPS positioning. Therefore, the Petitioner requests an exemption from this regulation. While unable to ensure altitude by way ofa barometric altimeter, the operatorwill maintain amaximum altitude of400 feet AGLthrough the onboard GPS system. 14 C.F.R. §91.151(a): Fuel Requirements for Flight in VFR Conditions 

### 14 C.F.R. §91.151 states thatno person maybegin a flight in VFR conditions unless there is enough fuel in the airplane to fly to the first point ofintended landing and, assuming normal cruising speed during the day, fly for an additional thirty (30) minutes. The Petitioner requests an exemption from this regulation. THE AIRCRAFT do not use liquid fuel, but rather use lithium batteries. THE AIRCRAFT do provide "very low" battery warnings, which result in the UA automatically holding its position followed by an automatic emergency landing. Prior to each flight, the operator will use all means available including, butnot limited to, mission size, relevant weather, and batterycharge status to ensure that UA can complete the flight with enough battery to avoid the aforementioned "return home" scenano. 14 C.F.R. §91.203(a) & 

### (b): Carrying Civil Aircraft Certification and Registration 

### 14 C.F.R. §91.203(a) & 

### (b) states that no person may operate a civil aircraft unless it has an appropriate and current airworthiness certificate and, additionally, the airworthiness certificatemustbedisplayed at the cabin orcockpit entrance so that it is legibleto passengers or crew. The Petitioner requests exemption from this regulation. In lieu ofthe on-board requirement, the appropriate docum.entation will bekept at the GCP with the operator, where it can bepromptlypresented should a situation arise. 14 C.F.R. §91.405(a); 407(a)(2); 417(a) & 

### (b); and 409(a)(1) & 

### (2): Maintenance Inspections. 

### The above referenced regulations require an aircraft operator or owner to "have that aircraft inspected as prescribed in subpart E of this part and shall between required inspections, except as provided inparagraph (c) ofthis section, have discrepancies repaired as prescribed in part 43 ofthis chapter.

.." The Petitioner requests an exemption from these regulations. Keeping with the high level ofdesired safety, the Petitioner will inspect THE AIRCRAFT prior to every flight, in addition to following the manufacturer's recommended preflight Page 10 of17

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• c. checklist. Should maintenance arise, the Petitioner will maintain a log ofthe same. Title 14 Chapter 1, Subchapter D Parts 60 thru 67-61.1 to 61.429: Pilot Certification 

### These sections pertain to flight rules, pilot certificate requirements, manuals, etc. The Petitioner requests exemptions from these regulations as they are unnecessary for pilot controlled drone flights and current FAA proposals have omitted these as a future requirement for small UAS.
PUBLIC INTERESTS BENEFITED BY GRANTING PETITIONER'S REQUEST



### As mentioned above, the Petitioner's primary area ofoperation is in the rural wilderness ofthe Rocky Mountain region, specifically Wyoming, Colorado, and the surrounding states. A majority ofthe areas in which the Petitioner operates are sparsely populated and difficult to access with normal transportation. This has made the collection ofcivil and environmental data timeconsuming and sometimes treacherous for the Petitioner's employees and contractors. Should this Petition be granted, the Petitioner will be able to accomplish itsjobs in a safer and more efficient manner. This will allow the Petitionerto submit the data it gathers to its public and private sector clients who will, in tum, be able to make more expedient decisions regarding planned development. The ultimate result is a more efficient and cost effective system for the entire community

. In addition, given the live streaming capabilities ofsome Trimble UA models, such as the ZX5, granting this Petition will place the Petitioner in a unique position to provide much needed technological advancements to individuals residing in the area, as well as small business and emergency crews that operate in this region. For example, ifthe Petitioner is permitted to operate the UAS for hireto assist emergencyrescue personnel, the Petitioner's services would allow those crews to search a wider area in a shorter period oftime, thus increasing the chances oflocating individuals in need ofemergency assistance. Live streaming through the UAS will also be useful infacilitatingthe earlydetection offires intheregion, whichhavebecome an ever-looming specter ofdestruction in the arid Rocky Mountains. The potential beneficial effects that will be available to the public should this Petitionbe granted are wide reaching in nature and will bridge many gaps in technology and infrastructure that currently exist in the rural areas where the Petitioner currently operates.

D. SAFETY PRECAUTIONS THAT WILL BE OBSERVED BY PETITIONER 

### Based on the above-referenced UAS specifications, the Petitioner intends to operate pursuant to an FAA granted exemption at an equivalent orhigher level ofsafety than performing the same operations with a manned aircraft under the existing regulations. Moreover, the Petitioner agrees to be bound by the following limitations and conditions when conducting commercial operations with the UAS under an FAA granted exemption. Page 11 of17

# • • The Petitioner will only operate Trimble aircraft weighing less than fifty-five (55) pounds including payload.

• The Petitioner will not operate a UA at a speed exceeding 87 knots (1

### 00 miles per hour). The Petitioner understands that either groundspeed or calibrated airspeed may be used to determine compliance with the 87 knot speed restriction.

• The Petition will not operate above an altitude of 400 feet above ground level. Furthermore, the Petitioner will onlyreport altitude interms offeet above ground level.

• The Petitioner will only operate the UA within a visual line ofsight ofthe operator and PIC at all times. The Petitioner understands that the operator must use human vision, which is unaided by any device other than corrective lenses ifspecified on the operators FAA-issued airman medical certificate orU.S. driver's license.

• The Petitioner will use a visual observer at all times. Accordingly, the UA will only be operated within the VLOS ofboththe VO and the PIC. Additionally, the VO and the PIC will be able to communicate verbally at all times, and electronic messaging or texting will not be permitted during flights. The PIC will be designated before the flight and will not transfer the designation at any time during the duration ofthe flight. The VO's fitness for the flight will be evaluated bythe PIC.

• • The Petitioner will always ensure that all operating documents are accessible during all



# • UAS operations and, therefore, made available to the Administrator upon request. The Petitioner will follow the procedures and limitations outlined in the operating documents. The Petitioner**r~serves** 

### the right to update or revise the operating documents. If the Petitioner determines that any update or revision would affect the basis upon which the FAA grants an exemption, then the Petitionerwill petition for an amendment ofits granted petition.

• Ifthe Petitioner'sUAS undergoes maintenance or alterations that affect the UAS operation or flight characteristics, e.g., replacement ofa flight critical component, the Petitioner will conduct a functional test flightpriorto conductingfurther operationsunder anFAA granted exemption. The aforementioned functional test will be conductedbya PIC with aVO and will remain at least 500 feet from other people or property. The functional test will be conducted in such a manner so as to not pose an undue hazard to persons orproperty.

• The Petitioner assumes responsibility for maintaining and inspecting the UAS on an ongoingbasis.

• Prior to each flight, the Petitioner will conduct a pre-flight inspection, in addition to allowing the UAS to conductits own automaticpre-flightinspection. Duringthepre-flight inspection, the Petitioner will determine what potential discrepancies, if any, exist, e.g., inoperable components, items, or equipment. Ifthe inspection reveals a condition that affects the safe operation ofthe UAS, the Petitioner will not operate the aircraft until the Page 12 of17

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• •
•
• necessary maintenance has been performed and the UAS is found to be in a condition for safe flight. The Petitioner agrees to follow Trimble maintenance, overhaul, replacement, inspection, and life limit requirements for the aircraft and aircraft components. Each of the Trimble UAS operated under the requested exemption will be operated according to Trimble safetybulletins. The Petitioner understands that ifgranted an exemption, a PIC must hold either an airline transport, commercial, private, recreational, or sport pilot certificate. Moreover, the Petitionerunderstands that a PIC must also hold a current FAA airman medical certificate or a valid U.S. driver's license issued by a state, the District ofColumbia, Puerto Rico, a territory, a possession, orthe Federal government. Finally, the Petitioner understands that a 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 orher pilot certificate.

• The Petitioner will not permit any PIC to operate an exempted UAS 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 will be logged in a manner consistent with 14 CFR § 61.51(b). Flights for the purposes oftraining the Petitioner'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 the proposed exemption will not take place until such time as this Petition for exemption is granted. Ifgranted, such training operations will be exclusively conducted during dedicated training sessions pursuant to the conditions and limitations set forth in the final exemption determination. During training, proficiency, and experience-building flights, all persons not essential for flight operations will be considerednonparticipants, andthePIC will operatetheUAwith appropriate distance from nonparticipants in accordance with 14 CFR §91.119.

• The Petitioner will not conduct UAS operations at night, as defined in 14 CFR § 1.1. All operations will be conducted underVMC. Flights under special visual flight rules will not be conducted.

• The Petitionerwill not operate UAs within 5 nautical miles ofan airport reference point as denoted in the current FAA Airport/Facility Directory 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 ofagreement with that airport's management is obtained or otherwise permitted by a COA issued to the Petitioner. The letter ofagreement with the airport management will be made available to the Administrator or any law enforcement official upon request.

• The Petitioner will not operate its UA in weather conditions not conforming with Class E weather minimums as described in 14 CFR § 91.155, with the exception and exclusion of Page 13 of17

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• the 1,000 feet above clouds requirement.

• In the event ofa loss ofUAS communications or GPS signal, the UA will return to a predetermined location within the private or controlled-access property.

• The Petitioner's PIC will abort any flight in the event of unpredicted obstacles or emergencies.

• The Petitioner's PIC will not begin a flight (considering wind and forecasted weather conditions) unless there is enough available power for the UA to conduct its intended operation and to operate after that for at least five minutes or with the reserve power recommended by Trimble ifgreater.

• The Petitioner will conduct all operations in accordance with an ATO-issued COA, if applicable.

• All Trimble aircraft operated in accordance with the Petitioner's proposed exemption will beidentifiedby serial number, registered in accordance with 14 CFRPart47, and will have registration "N-Number" markings in accordance with 14 CFR Part 45, Subpart C. The Markings will be as large as is practicable.

• All documents used by the Petitioner to ensure the safe operation and flight ofthe UAS and any documents required under 14 CFR § § 91.9 and 91.203 will be available to the PIC at the GCS any time the aircraft is operating. These documents will be made available to the Administrator or any law enforcement official upon request.

• The Petitioner's UAS will not be operated by a PIC from any moving device or vehicle.

• ThePetitionerwill not operate UAS within 500 feet from nonparticipatingpersons, vessels, vehicles, and structures unless: (1) 

### barriers or structures arepresentthat sufficientlyprotect nonparticipatingpersons from the UA and/or debris in the event ofan incident or accident. The Petitioner will ensure that nonparticipating persons remain under such protection during flight operations. Ifa situation arises where nonparticipating persons leave such protection and are within 500 feet ofthe UA, the Petitioner will cease flight operations immediately and in a manner ensuring the safety ofnonparticipating persons; and (2) the owner/controller of any vessels, vehicles or structures has granted permission for operations to occur closerto those objects and the PIC has made a safety assessment ofthe riskofoperating closerto thoseobjects andhas determinedthatit does notpresent an undue hazard. The PIC, VO, Petitioner trainees or essential persons are not considered nonparticipatingpersons under theproposed exemption.

• All operations will be conducted**ov~r**

### privateorcontrolled-accesspropertywithpermission from thepropertyowner/controllerorauthorizedrepresentative. Permissionfrom property owner/controller or authorized representative will be obtained by the Petitioner prior to conducting each flight.
Page 14 of17

# • • Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries ofthe operational area: as defined by a possible COA will be reported to the FAA's UAS Integration Office (AFS-80) within 24 hours. Any accidents will be reported to theNTSB.

SUMMARY OFREQUEST FORPUBLICATION IN THE FEDERAL REGISTER I 

### A summary for publication in theiFederal Register may state: ! 

### Petitioner: Elevated Engineering, LLC. 1095 Saberton Ave. Sheridan, EY 82801 

### Section(s) of 14 C.F.R. Affected: 14 C.F.R. Part 21, Subpart H, 14 C.F.R. §§ 45.23(b), 61.113(a) and (b), 91.7(a), 91.9(b)(2), 91.103, 91.109, 91.119, 91.121, 91.151(a), 91.203(a) & 

### (b), 91.405(a); 407(a)(2); 417(a) & 

### (b); and 409(a)(1) & 

### (2), and Title 14 Chapter 1, Subchapter D Parts 60 thru 67-61.1 to 61.429.



### • Description of Relief Sought: The Petitioner is requesting reliefto commercially operate an Unmanned Aircraft System (UAS) for the purposes of conducting aerial video, photography, geographic information system mapping, surveying, and other approved operations over certain areas ofthe United States.

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO SUPPORT PETITIONER'S REQUEST This Petition is made pursuant to the FAA Modernization and Reform Act of 2012 (FMRA) Section 333, which gives the Secretary of Transportation the authority to make determinations as to whether certain unmanned aircraft may operate in the national airspace system. In making these determinations, the Secretary is required, at a minimum, to consider: 1) whether a particular UA, as a result ofits size, weight, speed, operational capability, proximityto airports and populated areas, and operation within visual line ofsight creates a hazard to users of thenational airspace system orthepublic orposes a threatto national security; and 2) and whether a certificate ofwaiver, certificate ofauthorization, or airworthiness certification under 49 U.S.C. § 44704 is required for the operation ofunmanned aircraft systems. (See FMRA §333(b)). 

### Accordingly, pursuant to FMRA Section 333, and in accordance with the procedures set • forth in 14 C.F.R. Sections 11.15, 11.61 and the relevant portions of 14 C.F.R. Sections 11.63 Page 15 of17

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• through 11.103, thePetitionersubmitsthis Petitionforan exemption from certain Federal Aviation Administration so that it may operate small unmanned ait·crafts commercially in the NAS. As discussed in detail above, the Petitioner agrees to operate THE AIRCRAFT safely in the NAS, without creating a hazard to users of the NAS, or the public, or otherwise pose a threat to national security.
CONCLUSION In consideration of the Petitioner's Ttimble UAS size, weight, speed, operational capability, proximity to airports andpopulated areas, and operation within visual line ofsight, the urunatll1ed aircrafts for which Petitioner seeks exemption do not create a hazard to users of the NAS orthe**public~** nor do the aircrafts pose a threat to national security. Bygrantingthis Petition, the Administratorwill befulfilling the Congressional mandateof the FMRA, while advancing·the interest ofthe public, by allowing Elevated Engineering, LLC to safely, efficiently, and economicallyoperateTHE AIRCRAFTin the UAS. 

### WHEREFORE, in accordance with the Federal Aviation Regulations and the FAA Modernization and Refonn Act of 2012, Section 333, Elevated Engineering, LLC respectfully requests that the Administrator grant this Petition for an exemption from the requirements of 14 C.F.R. Part 21, Subpart

### H, 14 C.F.R. §§ 45.23(b), 61.113(a) and (b), 91.7(a), 91.9(b)(2), 91.103, 91.109, 91.119, 91.121, 91.151(a), 91.203(a) & (b), 91.405(a); 407(a)(2); 417(a) & (b); and 409(a)(l) & (2), and Title 14Chapter 1, Subchapter D Parts 60thru 67 61.1 to 61.429, and permit Elevated Engineering, LLC to operateTrimble UAS commerciallyfor thepurposes ofconducting aerial land surveying, 30 aerial mapping& land scanning, 30 aerial infrastructuremapping, aerial 

### GIS data collection, aerial imagery, environmental surveying & imagery, archeological surveying & imagery, wildlife surveying & imagery, aerial photography and videography, real estate marketing, corporate videography, insurance claim assessment, special events photography and videography, golf course management, roof inspection, private and governmental training, fire spotting and investigation, rescue assistance, and crime/accident scene data collection imagery/analysis over areas ofthe United States. Respectfully submitted,

# ~~ Brian Velll1 Elevated Engineering, LLC 1.095 Saberton Avenue Sheridan, WY82801 Phone: (307) 674-0609 Email: bvenn@609consulting.com

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• APPENDICES·

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Page 17 of17

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•**~•** ExemptionNo. 11110 UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERALAVIATION ADMINISTRATION WASHINGTON, DC 20591

Inthe matter ofthe petition of 

### TRIMBLE NAVIGATION LTD. for an exemption from Part 21; 

### §§ 45.23(b); 61.113(a) and (b); 61.133(a); 91.7(a); 91.9(b)(2); 91.109(a); 91.119; 91.151(a); 91.203(a) and (b); 91.319(a)(l); 91.405(a); 91.407(a)(l); 91.409(a)(2); and 91.417(a) of Title 14, Code ofFederal Regulations Regulatory DocketNo. FAA-2014-0367



### GRANT OF EXEMPTION By letter dated May 30, 2014, Mr. Jonathan B. Hill and Ms. Anne Swanson, ofCooley LLP, Counsel for Trimble Navigation Ltd., 1299 PennsylvaniaAvenue, NW, Suite 700, Washington, DC 20004 petitioned the Federal AviationAdministration (FAA) onbehalfof Trimble Navigation, Ltd. (Trimble) for an exemption from part 21; 

### §§ 45.23(b), 61.113(a) and (b), 61.133(a), 91.7(a) and (b), 91.9(b)(2), 91.109(a), 91.119, 91.151(a), 91.203(a) and (b), 91.319(a)(l), 91.405(a), 91.407(a)(l), 91.409(a)(2), and 91.417(a) ofTitle 14, Code of Federal Regulations (14 CFR). The exemption would allow operation ofunmanned aircraft systems (UAS) for the purpose ofprecision aerial surveys. The petitioner requests relieffrom the following regulations: Part 21 prescribes, in pertinent part, the procedural requirements for issuing and changing design approvals, productions approvals, airworthiness certificates, and airworthiness approvals. Section 45.23(b) prescribes, inpertinent part, that when marks include onlythe Roman capital letter "N" and the registration number is displayed on limited, restricted orlightsport category aircraft orexperimental orprovisionally certificated aircraft, the operator must also display onthat aircraft near each entrance to the cabin, cockpit, orpilot AFS-14-307-E

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• 2 station, in letters not less than 2 inches normore than 6 inches high, the words "limited," "restricted," "light-sport," "experimental," or "provisional," as applicable. Section 61.113(a) and (b) prescribe that-

(a) no person who holds a private pilot certificate may act as a pilot in command ofan aircraft that is carrying passengers orproperty for compensation orhire; normay that person, for compensation orhire, act as pilot incommand ofan aircraft. (b) a private pilot may, for compensation orhire, act as pilot incommand ofan aircraft in connection with anybusiness or employment if: 

### (1) The flight is only incidental to that business oremployment; and (2) The aircraft does not carrypassengers orpropertyfor compensation orhire. Section 61.133(a) prescribes, inpertinent part, that a person who holds a commercial pilot certificate may act as pilot in command ofan aircraft: (i) Carrying persons or propertyfor compensation orhire, provided the person is qualified in accordance with this part and with the applicable parts ofthis chapter that apply to the operation; and (ii) For compensation orhire, provided the person is qualified in accordance with this part and with the applicable parts ofthis chapter that apply to the operation. Section 91.7(a) prescribes that no personmay operate a civil aircraft unless it is in an airworthy condition. Section 91.7(b) prescribes that the pilot incommand ofa civil aircraft is responsible for determining whetherthat aircraft is in condition for safe flight. Thepilot in command shall discontinue the flight whenunairworthy mechanical, electrical, or structural conditions occur. Section 91.9(b)(2) prohibits operation ofU.S.-registered civil aircraft unless there is availableinthe aircraft a current approved Airplane orRotorcraft Flight Manual, approved manual material, markings, and placards, or any combinationthereof. Section 91.109(a) prescribes, inpertinentpart, that no personmay operate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has fully functioning dual controls. Section 91.119 prescribes that, except whennecessary for takeofforlanding, no person may operate an aircraft below the following altitudes:

(a) 

### Anywhere. An altitude allowing, ifa powerunit fails, an emergency landing without undue hazard to persons orproperty onthe surface

.

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• 3 (b) Over congestedareas. Over any congested area ofa city, town, or settlement, or over any open air assembly ofpersons, an altitude of 1,000 feet above the highest obstacle within a horizontal radius of2,000 feet ofthe aircraft. (c) Over other than congestedareas. An altitude of500 feet above the surface, except over open water or sparselypopulated areas. In those cases, the aircraft maynotbe operated closerthan 500 feet to anyperson, vessel, vehicle, or structure. (d) Helicopters,poweredparachutes, andweight-shift-control aircraft. Ifthe operation is conducted without hazard to persons orproperty onthe surface- (1) A helicoptermaybe operated at less thanthe minimums prescribed in paragraph (b) or (c) ofthis section, provided each person operating the helicopter complies with anyroutes or altitudes specificallyprescribed for helicopters bythe FAA; and (2) A poweredparachute or weight-shift-control aircraft maybe operated at less than the minimums prescribed in paragraph (c) ofthis section. Section 91.151(a) prescribes that no person maybegin a flight in an airplane under visual flight rules (VFR) conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point ofintended landing and, assuming normal cruising speed, (1) during the day, tofly after that for at least 30 minutes [emphasis added]. Section 91.203(a) prescribes, in pertinentpart, that no person operate a civil aircraft unless it has within it (1) an appropriate and current airworthiness certificate; and (2) an effective U.S. registration certificate issued to its owner or, for operation within the United States, the second copy ofthe Aircraft registration Application as provided for in§ 47.31(c). Section 91.203(b) prescribes, inpertinentpart, that no personmay operate a civil aircraft unless the airworthiness certificate or a special flight authorization issued under § 91.715 is displayed at the cabin orcockpit entrance so that it is legible to passengers or crew. Section 91.319(a)(1 ), Aircrafthaving experimental certificates: Operating limitations, prescribes inpertinentpart that no person may operate an aircraft that has an experimental certificate for other than the purpose for which the certificate was issued

.

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• 4 Section 91.405(a) requires, inpertinent part, that an aircraft operator orowner shall have that aircraft inspected as prescribed in subpart E ofthe same part and shall, betweenrequired inspections, except as provided in paragraph (c) ofthe same section, have discrepancies repaired as prescribed inpart 43 ofthe chapter. Section 91.407(a)(1) prohibits, inpertinentpart, any person from operating an aircraft that has undergone maintenance, preventive maintenance, rebuilding, or alteration unless it has been approved for return to service by a person authorizedunder§ 43.7 of the same chapter. Section 91.409(a)(2) prescribes that no person mayoperate any aircraft unless, within the preceding 12 calendar months, it has had aninspection for the issuance ofan airworthiness certificate in accordance withpart 21 ofthis chapter. Section 91.417(a) prescribes, inpertinentpart, that- (a) Eachregistered owner oroperator shall keep the following records for the periods specified inparagraph (b) ofthis section: (1) Records ofthe maintenance, preventive maintenance, and alteration and records ofthe 1 00-hour, annual, progressive, and other required or approved inspections, as appropriate, for each aircraft (including the airframe) and each engine, propeller, rotor, and appliance ofan aircraft. Therecords must include- (i) A description (or reference to data acceptable to the Administrator) ofthe workperformed; and (ii) The date ofcompletion ofthe work performed; and
(iii) The signature, and certificate number ofthe person approving the aircraft for return to service. (2) Records containing the following information: (i) The total time in service ofthe airframe, each engine, eachpropeller, and eachrotor. (ii) The current status oflife-limitedparts ofeach airframe, engine, propeller, rotor, and appliance

.5 (iii) The time since last overhaul ofall items installed onthe aircraft which are required to be overhauled,on a specified time basis. (iv) The current inspection status ofthe aircraft, including the time since the last inspection required bytheinspectionprogramunder which the aircraft and its appliances are maintained. (v) The current status ofapplicable airworthiness directives (AD) and safety directives including, for each, the method ofcompliance, the AD or safety directive number and revision date. Ifthe AD or safetydirective involves recurring action, the time and date when the next action is required. (vi) Copies ofthe forms prescribedby§ 43.9(d) ofthis chapter for each major alteration to the airframe and currentlyinstalied engines, rotors, propellers, and appliances. · · · 

### The petitioner supports its requestwith the following information: ' 

# . '



### . ' Thepetitionerhas provided the following information

- contained in its petition and proprietary supporting documentation: 1) Trimble UX5 Safety Checklist, 

### 2) Training Manual, 3) UX5 Maintenance and Inspection Manual, and 4) Trimble UX5 Aerial Imaging Solution User Guide (User Guide),- iri support ofits exemption request. The petitioner submitted additional information dated September 4, 2014 that included 1) FAA Experimental Airworthiness Certificate for its UX5, and 2) "Permission" issued by the Civil Aviation Authority ofthe United Kingdom (CAA), which grants Gatewing NV, a ·wholly-owned subsidiary ofTrimble that manufactures the UX5, authority to conduct "Aerial Work" using the UX5. The FAA has organized the petitioner's information into four sections: 1) the UAS, 2) the UAS Pilot In Command (PIC), 3) the UAS

### ope~at1ng parameters and 4) Public Iriterest. Unmanned Aircraft System CUAS) TrimbleNavigation Liinited developed and proposes to operate the UX5 UAS. Thepetitioner states that given the size, weight, speed, arid li.mited operating area associated with the aircraft to beutilized bythe applicant, an exemption from 14 CFRpart 21, Subpart H (Airworthiness Certificates), subject to certain conditions and limitations, is warranted and meets the requirements for an equivalent level ofsafetyunder 14 CFRpart 11. and Section 333 ofP.L. 112-95 (Section 333). Thepetitioner further states that UAS operated without an airworthiness certificate in the limited environment and under the conditions and limitations proposedbythe petitioner will be at'least as safe, or safer, than a conventional aircraft (fixed

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• 6 wing or rotor craft) operating with an airworthiness certificate issued under 14 CPRpart 21, Subpart H and not subject to the proposed conditions and limitations. Thepetitioner states that the unmanned aircraft (UA) to be operatedunder this request is a fixed-wing aircraft, weighs less than 6 pounds fully loaded, flies at a maximum speed ofno more than 74.5 knots indicated airspeed (KIAS), and a cruise speed of49 KIAS, carries neither a pilot nor passenger, carries no flammable fuels, and operates exclusivelywithin a pre-disclosed area. Operations under this exemption will betightly controlled and monitored byboththe operator and local public safetyrequirements. In addition, the UX5 has a semi-autonomous navigation and control system comprised ofa Ground Control Station (GCS) and auto-pilot system. All flights are pre-programmed with precise global positioning system (GPS) guidance and do not require human intervention. The flight mission area and routing cannotbe changed after launch. Flights are not directed by positive manual control bythe operator, nor are evasive maneuvers. In the case ofunplanned events, the operator inputs pre-programmed evasive maneuvers from the GCS and the UX5 executes that maneuver. Pre-programmed operator interventions include diversion to the right; initiation ofholding atpresentposition; suspension ofmission; fly backto launchpoint; fly to point and hold; abort mission and land; and emergencypowercut offand land. Additional automated safety functions and safety enhancing features ofthe UX5 include: a. Auto-pilot detection oflost GPS orofinsufficient satellites initiates an immediate spiral landing; b. Low poweronthe aircraft triggers escalating alarms at GCS at 35% and 10% levels; c. Ifthe auto-pilot detects a lost-link to the GCS for longer than 30 seconds, landing procedure begins; d. The UX5 is inherentlyunstable; auto-pilot failure will result in arapid exit from flight; e. The UX5 has an on-board fail safe that limits speed ofa dive to no more than 14 m/s; f. The UX5 weighs less than 6 pounds andis constructed ofEPP foam or similar material which is intended to absorb impact energy; and g. The UX5's motor is driven by a pulse width modulated signal, not an analog signal. Regarding the displayofappropriate aircraft markings (14 CPR45.23), the petitioner states that the UX5 has no entrance to the cabin, cockpit, orpilot station on which the word "experimental" can be placed. Further, given the size ofthe UA, two-inch lettering would be impossible. The petitioner states that an equivalent level ofsafety will be achieved byhaving the UX5 marked on its forward fuselage as required by 

### § 45.23(f) where the pilot, observer and others working with the UA will see the identification ofthe UAS as "experimental." Thepetitioner states that maintenance ofthe UX5 will be accomplished bythe owner/operator in accordance withthe UX5 Maintenance & Inspection ManuaL TheUAS is small in size, carries no external payload, and is not a complex mechanical aeronautical device. The

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• 7 provided UX5 Maintenance & Inspection Manual, the Safety Checklist, and the UX5 User Guide, serves to ensure the UX5 is in a safe condition for operation. Furthermore, the petitioner states thatthe UX5 operator has attended a manufacturer's training program, is the most familiar with the UX5, and is best suited to maintain the aircraft in an airworthy condition. Additionally, the UX5 Maintenance & Inspection Manual contains procedures for periodic inspections and replacement intervals for UX5 airframe and componentparts, including instructions for the performance ofinspections, maintenance and record keeping. In a separate endeavor, Trimble has been issued an FAA Special Airworthiness Certificate in the Experimental Category for the UX5. Lastly, the UX5 has accumulated more than 200 registered test flights and more than 475 registered production flights, amounting to a total of more than 170 flight hours oftesting. UAS Pilot In Command (PIC) Thepetitioner asserts that operators ofthe UX5 should notberequired to hold a commercial orprivate pilot certification. The petitioner notes that unlike a conventional aircraft that carries a pilot, passengers, and cargo, the UX5 is remotely controlled with no passengers or property ofothers onboard. The petitionerproposes that operatorrequirements should take into account the characteristics ofthe particular UAS. Thepetitioner states that the UX5 has a high degree ofpre-programmed control and various built-in technical capabilities that strictly limit the potential for operation outside ofthe operating conditions set forth in its petition for exemption. The petitioner states that given the UX5 safety features, it proposes that the operators ofthe UX5 should be required to (1) have successfully completed FAA private pilot ground instruction and passed the FAA Private Pilot written examination orFAA-recognized equivalents; and (2) have successfully completed the manufacturer's training program for operation ofthe UAS which has been approvedbythe FAA through its Special Airworthiness Certificate process. Thepetitionernotes that the FAAhas found that safety factors permitted operation ofUASs byoperators with these qualifications inthe case ofoperations pursuant to public CO As when the mandatory operating conditions specified above were present. Thepetitioner argues that given these conditions and restrictions, an equivalent level ofsafety will beprovided by allowing operation ofthe UX5 without a private pilot's certificate or a commercial pilot's certificate. Trimble also states that the FAA has the statutory authority to grant exemptions to the requirements for, and privileges associated with, the grant ofairmen's certificates and then references 49 USC § 44701 (f)

.

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• 8 UAS Operating Parameters The petitioner states that the UX5 will remain within Visual Line ofSight (VLOS) ofthe pilot or observer which guarantees a cylinder ofoperations around the operator ofno greaterthan 

### Yz nautical miles. Thepetitioner further states that the cylinder walls maybe expanded by an observer with the ability to control aircraft. Thepetitioner notes that the UX5 will be restricted to an altitude of400 feet above ground level (AGL) and will occur in Class G airspace. The petitioner states that all operations will occur during daylight hours and the FAAwill have advance notice ofall operations through the filing ofnotices-to-airmen (NUTAMs). The petitioner asserts that all operations will avoid congested orpopulated areas, which are depicted inyellow onVFR sectional charts. The petitioner further asserts all operations will be conducted overprivate orcontrolled access property. Thepetitionernotes that it will obtainpermission from land owner/controllerprior to the beginning ofevery flight. All operations will occur under Visual Flight Rules Meteorological Conditions (VMC) only. The petitioner asserts that the size ofthe aircraft, the lack offlammable fuel, and the fact that the aircraft is carried to the location and not flown there all establish the equivalent level of safety. The petitioner states that the UX5 construction with energy absorbent material provides at least an equivalent level ofsafety compared to operations being conducted with conventional aircraft that would be orders-of-magnitude larger and wouldbe carrying passengers, cargo, and flammable fuel. Withrespect to the fuel requirements, the petitionernotes that, in order to meet the 30 minute reserve requirements in 14 CFR 91.151, UAS flights would have to be limited to approximately 20 minutes. Thepetitioner states that limiting UX5 flights to 20 minutes would greatly reduce their utility. The petitioner argues that, given the limitations onthe UA's proposed operations and the location ofthose proposed operations, a longer time frame for flight in daylight VFR conditions is reasonable. The petitioner believes that an equivalent level ofsafetycanbe achievedbymaintaining 10 minutes ofreserve fuel, which, allowing 40 minutes offlight time, would be more adequate to return the UAS to its planned landing zone from anywhere in its operating area. Public Interest: Thepetitioner states that approval ofthe exemption allowing commercial operations ofthe UX5 for precision survey work will enhance safetybyreducing risk and providing environmental benefits and thus is inthe public interest. Conventional aerial survey operations, usingjet orpiston-powered aircraft present risks associated with aircraft that weigh in the neighborhood of5,000 to 7,000 pounds ormore, carrylarge quantities offuel, passengers, and, in some cases, cargo. Such aircraft must fly to and from the survey location. In contrast, a UX5 weighs less than 6 pounds and is poweredbybatteries eliminating a portion ofthat risk given the reduced mass and lack ofcombustible fuel carried onboard. Further, the

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• 9 UX5 is carried to the survey location, not flown there; it will carry no passengers and thus will not expose any individuals to the risks associated with manned aircraft flights. Thus, the petitioner states it is in the public interest to grant this petition. Discussion ofPublic Comments: A summary ofthe petition was published in the Federal Register onJune 30, 2014 (79 FR 36859). The petition received ten comments. Ofthe ten comments received, including four from associations, six comments supported the exemption request, and four opposed it. The petitionreceived comments onthe following topics: safety, economic impact, UAS, PIC requirements, operational capabilities, airspace, sense and avoid, and lost link. Comments supporting the exemption request came from individuals and industry groups, including the Association ofUnmanned Vehicle Systems International (AUVSI), Aerospace Industries Association (AlA), North Dakota State University, Aims Community College, and the Newmont Mining Corporation. Supporting comments cited the low weight ofthe UX5 and the increased safetyusing the UX5 for the proposed operations relative to the same operations conducted bymanned aircraft. Comments also cited the safetybenefits relative to the petitioner's intentto limit operations to above private and controlled access properties, in daylight VFR conditions, within VLOS, at low altitude, and only after issuing a NOT AM. Comments also noted the UX5 safety and control design features, the Trimble training program, public interest, and the economic benefits derived from the proposed operations. Two trade organizations and two individuals submitted letters to the docket expressing various issues and concerns with the Trimble petition for exemption, including the Air Line Pilots Association International (ALPA) and the National Agricultural Aviation Association (NAAA). Several commenters expressed concerns about the certification requirements for the pilots involved in Trimble'sproposed UAS operation. ALPA noted that the proposed operations will be for "compensation or hire," and believes the UX5 pilot must hold at least a current FAA Commercial Pilot Certificate with an appropriate category and class rating for the type of aircraft being flown and a current second-class airman medical certificate. ALPA also noted that this is the requirement for compensation orhire operations in the national airspace system (NAS) today. NAAA also commented onpilot qualification. NAAA stated that the part 61 regulations currently in effect do not address the licensing ofpilots ofan UAused for commercial purposes and believes it is necessary for the FAA to evaluate pilots ofthese aircraft on theirknowledge and skills inunmanned aerial vehicle operation. NAAA asserted that the operator should hold a pilot certificate and be thoroughly familiar with the limitations

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• 10 ofmanned aircraft flight. NAAA further stated that requirements for UAS pilot licensing should be developed along with otherrigorous rules and qualifications to ensure safe integration ofthe UA into the NAS. An anonymous commenter stated that the ability to sense and avoid other aircraft is keyto the safe operation ofUAS in the NAS and acknowledged the widely approved practice ofusing a ground-based visual observer (VO) to provide an equivalent level ofsafety. The commenter further stated that the observer and pilot must be able to visually acquire the small UAS they are responsible for and other incoming aircraft, and asserted that at a minimum, both the pilot and observer should be required to obtain a third-class airman medical certificate for vision requirements, and otherbasic health requirements. NAAA stated that the UX5 is designed to operate with pre-programmed GPS guidance and does not require human intervention and according to the application, the aircraft's mission area and routing cannot be changed after launch. NAAA further stated that ifan unplanned event occurs, the operator inputs pre-programmed evasive maneuvers into the control unit and asserted that the pilot/operator ofthe UX5 maybecome less vigilant and complacent since he or she has no piloting duties to perform during normal flight operations. The FAA has carefullyreviewed the concerns expressed in these comments and the discussion regarding knowledge, training, and medical certification required byholders ofboth private and commercial pilot certificates. Additional details are available in the ensuing analysis of this issue with regard to 14 CFRpart 61. ALPA commented that Communication and Command (C2) (typically referred to as command and control) link failures are one ofthe most common failures onUAS and lost link mitigations require safe modes to prevent fly-a-ways or other scenarios, including mitigations such as, auto-land, return-to-home and geo-fencing boundaryprotection, incorporated into the navigation and control systems for a UA to safelyland orre-establish C2. ALPA further stated that the radio frequency spectrum that is commonly accessed for small UAS is unprotected and asserted that mitigations for spectrum interference, weather, terrain and obstacles (man-made ornatural) should be developed to ensure safe operations. Also, an individual commenter stated that a System SafetyAssessment for the specific failure modes that can result in lost link orfailure to recover within a safe area would be needed. The FAA agrees and carefullyexamined the proposed operation to ensure that the vehicle design and the petitioner's supporting documentation addressed potential hazards related to C2 failure. The FAA finds that the UAS to be operated byTrimble has sufficient design features to address these hazards. Further detail is contained in the analysis ofthe UAS below. NAAArequested that operators ofUAS develop ways ofmaking the presence ofUAS known to VFR airtraffic ifthey are to be integrated into the NAS and for areas with less UAS activity, recommended a procedure for issuing NOT AMs when they are present. The FAA

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• 11 agrees and has incorporated this into the conditions and limitations ofthis exemption. NAAA's notification concerns are addressed by the conditions and limitations that will require an Air Traffic Organization issued Certificate ofWaiver or Authorization (COA) to address airspace requirements and notification. Further detail is contained in the analysis of the UAS operating parameters below. NAAA commented that the UA should have assigned numbers that canbe read from a suitable distance to aid in identification when enforcement offlight regulations is required. The FAApartially agrees with NAAA. The UA operatedunder this exemption will be marked in accordance with 14 CFRpart45 or as otherwise authorized bythe FAA. Further detail is contained in the analysis ofthe UAS below. NAAA stated that it represents the interests ofsmall business owners and pilots licensed as commercial applicators and ensuring safe low-level airspace includes minimizing obstructions which are difficult to be seen and identified by the pilots. NAAA members operate in lowlevel airspace, and clear low-level airspace is vital to the safety ofthese operators. NAAA stated that seeing and avoiding other aircraft and hazardous obstructions is the backbone for agricultural safety, and agricultural pilots depend onpilots ofother aircraft to perform their see and avoid functions needed to prevent collisions. NAAAbelieved that UA operations at low altitudes will increase the potential ofcollision hazards with agricultural aircraft

. Related to the operation ofthe UA withinVLOS ofthe pilot and/or observer, NAAAbelieved that the UA should remain within line ofsight ofthe pilot/operator so that a person can take immediate evasive action ifa collision is imminent and asserted that this duty not be delegated to an observer that will be less qualified than the pilot/operator. Also, an anonymous commenter stated that the key to the safe operation ofUAS in the NAS is the ability to sense and avoid aircraft. The commenter noted that in lieu ofthe ability to do this onboard, and in a widely approved practice, a ground-based VO is usedto provide an equivalent level ofsafety. The commenter asserted that paramount to this concept, the observer and pilot must be able to visually acquire not only the small UAS they are responsible for, but also other incoming aircraft. Regarding 14 CFR 91.113 Right ofWay, "See and Avoid" requirements, ALPA also stated that given the absence ofan onboard pilot, a means to meet this statutoryrequirement is necessary. The FAA notes these concerns; additional detail is provided in the analysis ofthe UAS below. Regarding the ability to carry out maneuvers to avoid other aircraft, an anonymous commenter stated that the UX5 does not give the operatorthe ability to maneuver the aircraft in normal operation, and further stated that the operator only has the following options in flight: "Preprogrammed operator interventions include diversion to the right; initiation ofholding at present position; suspension ofmission; fly back to launch point; fly to point and hold; abort

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• 12 mission and land; and emergencypower cut offand land (Flight Termination System)." The commenter stated that Trimble's case for safety is in part based on the assumption that an aircraft flying under400 feet over "non-populated" areas will have less possibility for conflicts with manned aircraft. The commenter asserted that this argument is misleading, given that the proposed areas offlying (farmland) are actually more routinely serviced by manned aircraft at low altitudes, such as aerial crop spraying. The commenter further asserted that this type of"pop-up" target gives observers verylittle warning time to alert the operator and take corrective action to avoid the incoming aircraft, and that when this happens it is paramount that the operatorhas a full range ofoptions to divert the aircraft completely as necessary. The FAA shares these concerns and has incorporated associated conditions and limitations into this exemption, including: a) NOTAMs issued for all UX5 operations, b) operations conducted within VLOS ofthe PIC and the VO, and c) the UX5 PIC must always yield rightof-way to manned aircraft Thepetitionreceived several comments expressing concerns regarding the UX5 operating areas. For example, ALPA stated that the petitioner's anticipated operations are expected to occur in Class G Airspace below 400 feet above the surface while remaining more than 2.5 nautical miles (NM) either side ofall ofrunway centerline azimuths from all runway thresholds at the airport, and as written it is difficult to understand the actual area that is to be avoided, introducing risk inherent to operating within an Airport Traffic Area. ALPA further asserted that since the petitioner proposes no separation capabilities to mitigate the risk of collision, the proposed operation increases the likelihood ofunanticipated safety impacts to an already burdenedNAS. ALPA also states that there must be means both to ensure that the UA remains within the defined airspace and to ensure that the hazard ofother aircraft intruding on the operation is mitigated. The FAA has addressed these concerns by adding operating conditions and limitations regarding operations inthe proximity ofairports (the UA may not operate within 5 nautical miles ofthe geographic center ofan airport as denoted oncurrent FAA-published aeronautical charts unless a letter ofagreement with that airport's management is obtained), stand-off distance from clouds, altitude restrictions, and operating distance from non-participating personnel. Further detail is contained in the analysis ofthe UAS operating parameters below. The FAAbelieves the limitations under which the petitionerwill operate (i.e. VLOS and at or below 400 feet AGL) and the UAS emergencyprocedures as outlined in the petitioner's supplemental documentation are sufficient mitigations to this risk so that the operations will not adversely affect safety. Further information is contained inthe analysis ofthe UAS below

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• 13 The FAA's analysis is as follows: Unmanned Aircraft System (UAS) The petitioner requested relieffrom 14 CFRpart 21. In accordance with the statutory criteria provided in Section 333 ofP.L. 112-95 in reference to 49 USC§ 44704, and in consideration ofthe size, weight, speed, and limited operating area associated with the aircraft and its operation, the Secretary ofTransportation has determined that this aircraft meets the conditions ofSection 333. Because the Secretary ofTransportation has determined that no airworthiness is required the requested relieffrom 14 CFRpart 21, and any associated noise certification and testing, is not necessary. The FAAhas issued an experimental airworthiness certificate for the UX5 under 14 CFR21.191 following the process in FAA Order 8130.34C for the purposes ofresearch and development, crew training, and market survey. The UX5 aircraft and its operation was subject to a comprehensive safetyrisk assessment bythe FAA, as part ofthat process, and it was determined that the UAS could be operated safely subject to certain operating limitations to ensure the safety ofpersons, property, and other aircraft in the NAS. Those operating limitations prescribed as part ofthe experimental airworthiness certification process that are appropriate and necessary to ensure safety will be included in the exemption conditions and limitations below (including condition and limitation nos. 15 and 16 below)

. Manned aircraft conducting aerial surveying operations canweigh 5,000 to 7,000 lbs. ormore and are operated by an onboard pilot, in addition to other onboard crewmembers, as necessary. The petitioner's UA will weigh less than 6lbs. The pilot and crew will be remotely located from the aircraft. The limited weight and construction with impact absorbent materials significantly reduces the potential for harm to persons ordamage to property inthe event ofan incident or accident. The risk to an onboardpilot and crew during an incident or accident is eliminated with the use ofa UAS for the aerial surveying operation. Manned aircraft are at risk offuel spillage and fire in the event ofan incident or accident. The UX5 carries no fuel and therefore the risk offire following an incident or accident due to fuel spillage is eliminated. The petitioner's UAS has the capabilityto operate safely after experiencing certain in-flight contingencies orfailures and uses an auto-pilot system to maintain UAS stability and control. The UAS is also able to respond to a loss ofGPS or a lost-link event with a pre-coordinated, predictable, automated flight maneuver. These safety features provide an equivalent level of safety compared to a manned aircraft holding a restricted airworthiness certificate performing a similar operation

.

# •

• 14 Regarding the petitioner's requested relieffrom 14 CFR45.23(b) Display of marks, the petitioner requests this reliefunder the assumption that marking with the word "experimental" will be required as a condition ofa grant ofexemption. However, this marking is reserved for aircraft that are issued experimental certificates under 14 CFR 21.191. The petitioner's UAS will not be certificated under § 21.191, and therefore the "experimental" marking is not required. Since the petitioner's UAS will not be certificated under§ 21.191, a grant of exemption for§ 45.23(b) is not necessary. Regarding the petitioner's requested relieffrom 14 CFR 91.405 (a) Maintenance required, § 91.407(a)(l) Operation after maintenance,preventive maintenance, rebuilding, or alteration, § 91.409(a)(2)Inspections, and§ 91.417(a) and (b) Maintenance records, the FAA has determined that relieffrom§ 91.409(a)(l) is also necessarybecause it is an alternate inspection requirement of§ 91.409(a)(2). The FAA has carefully evaluated the petitioner's request and determined that cause for granting the exemption is warranted. TheFAAnotes that the petitioner's Maintenance and Inspection Manual, Safety Checklist, and User Guide contain sufficient information for the preparation and care ofUX5 equipment; the petitioner's extensive UX5 flight testing further validates these procedures. The FAA finds that adherence to these documents, as required bythe conditions and limitations below, is sufficient to ensure that safety is not adversely affected. In accordance with the petitioner's UAS maintenance, inspection, and recordkeeping requirements, the FAA finds that exemption from 14 CFR 91.405(a), 91.407(a)(l), 91.409(a)(l) and (2), and 91.417(a) and (b) is warranted subject to the conditions and limitations below. Pilot In Command ofthe UAS Regarding the petitioner's requested relieffrom 14 CFR 61.113(a) and (b) Privatepilot privileges and limitations and 14 CFR 61.133(a) Commercialpilotprivileges and limitations, Trimble requested regulatory reliefto operate its UAS without an FAA-certificated pilot. In support ofits request, Trimble states that "the FAAhas the statutory authority to grant exemptions to the requirements for and privileges associated with the grant ofairmen's certificates." 1 Although Section 333 provides limited statutory flexibility relative to 49 USC § 44704 for the purposes ofairworthiness certification, it does not provide flexibility relative to other sections ofTitle49. The FAA does not possess the authority to exempt from the statutory requirement to hold an airman certificate as prescribed in 49 USC § 44711. 2

1Trimble references 49 USC§ 44701(t) in support ofthis statement which states that "[the] Administrator may grant an exemption from a requirement ofa regulation prescribed under subsection (a) or (b) ofthis section or any ofsections 44702-44716 ofthis title ifthe Administrator finds the exemption is in the public interest." [emphasis added]

.. 2 49 USC§ 44711 prohibits a person from serving "in any capacity as an airman with respect to a civil aircraft, aircraft engine, propeller, or appliance used, or intended for use, in air commerce...without an airman certificate authorizing the airman to serve in the capacity for which the certificate was issued

....".

# •

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• 15 Unlike operations pursuant to public CO As, the FAA is requiring a pilot certificate for UAS operations for two reasons, the first ofwhich is to satisfythe statutoryrequirements as stated above. The second is because pilots holding a privatepilot certificate are subject to the security screening bythe Department ofHomeland Security that certificated airmen undergo. Aspreviously determined bythe Secretary, the requirement to have an airman certificate ameliorates security concerns overcivil UAS operations conducted in accordance with Section 333. Given these grounds, the FAAmust determine the appropriate level ofpilot certification for Trimble'sproposed operation. Under current regulations, civil operations for compensation orhire require a PIC holding a commercial pilot certificate per 14 CFRpart 61. Based onthe private pilot limitations in accordance with pertinentparts of 14 CFR 61.113(a) and (b), a pilot holding a private pilot certificate cannot act as a PIC ofan aircraft for compensation orhire unless the flight is only incidental to a business oremployment. However, in Grant ofExemptionNo. 11062 to Astraeus Aerial (Astraeus) (see Docket FAA-2014-0352), the FAA determined that a PIC with a private pilot certificate operating the Astraeus UAS would not adversely affect operations in the NAS orpresent a hazard to persons orproperty on the ground. As discussed above, Trimble's petition received two comments registering concern about pilot certification. ALPA stated its opposition to Trimble's proposed operation by a non-certificated pilot without a required medical certificate. ALPA believes that the operation shouldbe conductedby a PIC holding a current FAA commercial pilot certificate with an appropriate category and class rating for the type ofaircraft being flown and a current second-class airman medical certificate. NAAA stated that "the operator should hold a pilot certificate and be thoroughly familiar with the limitations ofmanned aircraft flight." The FAA has analyzed Trimble's proposed operation and has determined that it does not differ significantly from the situation described in Grant ofExemptionNo. 11062. Trimble plans to operate inuncontrolled airspace- Class G airspace- overprivate propertywith controlled access. Given: 1) the similar nature ofTrimble's proposed operating environment to that ofAstraeus, 2) the parallel nature ofprivatepilot aeronautical knowledge requirements to those ofcommercial requirements as discussed in ExemptionNo. 11062, and 3) the limited airmanship skills necessaryto operate the UX5, the FAA finds that the additional manned airmanship experience ofa commerciallycertificated pilot would not correlate to the airmanship skills necessary for Trimble's specific proposed operations. The FAA finds that a PIC holding a private pilot certificate and a third-class airmanmedical certificate, and who has completed Trimble's UX5 trainingprogram, can conduct the proposed UX5 operations without adversely affecting the safety ofthe NAS. Upon consideration ofthe overall safety case presented bythe petitioner and the concerns ofthe commenters, the FAA finds that granting the requested relieffrom 14 CFR 61.113(a) and (b), provided the conditions and---.. 

# -?:5 16 limitations outlined below, is warranted. Furthermore, the FAA fmds that the requested relief from 14 CFR 61.133(a) is not necessary for Trimble to conduct its operations. Trimble has also indicated it will supplement its proposed operation(s) with a visual observer (VO). The FAA also received a commentregarding the appropriate level ofmedical certification for the VO, asserting that the VO'sresponsibilities necessitate a third-class airman medical certificate. In Grant ofExemption No. 11062, the FAA agreed with the petitioner'sproposed use ofaVOandrequired aVOto beused in.all UAS operations; however, the FAA considersthe PIC's ability to maintain VLOS with the UAS to be of primary significance and thus the medical certification requirement falls on the PIC. In accordance with regulations, a third-class airman medical certificate is the appropriate level of certificate to exercise the privileges ofa private pilot certificate. There are no regulatory requirements for visual observermedical certificates. Although a medical certificate is not required for aVO, the UA must never,be operated beyond the actual visual capabilities ofthe VO, and the VO and PIC must have the abilityto maintain VLOS with the UA at all times. It is the responsibility ofthe PIC to be awru;e "ofthe VO's visual limitations and limit operations ofthe UAto distances withinthe visual capabilities ofboth the PIC and VO. Moreover, the VO will not be operating the aircraft. Therefore, as in Grant ofExemptionNo. 11062, the FAA does not consider a medical certificate necessary for the VO.



## . . Related to VO duties, Trimble'spetition states that, "Aircraft to remain within Visual Line of Sight (VLOS); VLOS guaranteed with.a cylinder of**ope~ation** around operator of

### Y2 nautical miles (NM); and, cylinder walls may be expandedbyobserver with ability to control aircraft." [Emphasis added.] The petitioner does not describe how control ofthe UA could be safely passed to the VO to facilitate expansion ofthe "cylinderwalls." Nevertheless, the FAA considers the PIC to be designated for the duration ofthe flight. Therefore, perthe conditions and limitations below, the PIC mustbe designated before the flight and cannot transfer his or her designation for the duration ofthe flight. Operating parameters ofthe UAS Regarding the petitioner's requested relieffrom 14 CFR 91.7(a) Civil aircraftairworthiness, Trimble's request is basedon its beliefthat "no standard will exist for airworthiness ofthe UX5." It claims "an equivalent level ofsafety will be achieved by insuring compliance with the Trimble manuals prior to each flight." While the UX5 will not- require an airworthiness certificate in accordance with 14 CFRpart 21, Subpart H, the FAA considers the petitioner's compliance with its manuals, UX5 User Guide, UX5 Maintenance and Inspection Manual, and Training Manual, andthe Safety Checklist (hereinafter collectively referred to as the operator's manual) to be sufficient meansfor determining an**ai~orthy** condition. Therefore, relieffrom§ 91.7(a) is granted. The petitioner is still required to ensure that its aircraft is in an airworthy condition- based on compliance with the operator's manuals identified aboveprior to every flight, and as stated in condition and limitation number 6.

# •

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• 17 Additionally, in accordance with 14 CFR 91.7(b), the PIC oftheUAS is responsible for determining whether the aircraft is in a condition for safe flight. Although the petitioner seeks relieffrom§ 91.7(b), as in grant ofExemptionNo. 11062 to Astraeus, the FAA finds that the PIC is responsible for determining whether the aircraft is incondition for safe flight. Therefore, relieffrom § 91.7(b) is not warranted. Regarding the petitioner'srequested relieffrom 14 CFR 91.9(b)(2) Civil aircraft flight manual, marking, and placardrequirements and 14 CFR 91.203(a) and (b) Civil aircraft: Certifications required, the FAAhaspreviously determined thatrelieffrom these sections is not necessary. Relevant materials maybekept in a location accessible to the PIC in compliance with the regulations. Regarding the petitioner's requested relieffrom 14 CFR 91.109(a) Flight instruction; Simulated instrument flight andcertain flight tests and 91.3l9(a)(1)Aircraft having experimental certificates: Operating limitations, the petitioner did not describe training scenarios in which a dual set ofcontrols would be utilized orrequired, i.e. dual flight instruction, provided by a flight instructor orothercompany-designated individual, that would require that individual to have fully functioning dual controls. Rather, Trimble intends to accomplish training through the procedures referenced in the operator's manual. Furthermore, the FAA is requiring that PIC's ofthe UX5 possess at least a private pilot's certificate. This exemption will require that training operations onlybe conducted during dedicated training sessions. The FAA finds an equivalent level ofsafety will be achieved bythe manufacturer providingthe training as outlined in the operator'smanual. As such, the FAA finds that the petitioner can conduct its operations without the requested relieffrom§ 91.109. Withregard to§ 91.319(a)(1), aircraft operating under this grant ofexemption will not possess an experimental airworthiness certificate. Therefore, relieffrom§ 91.319(a)(l) is notrequired. Regarding the petitioner'srequestedrelieffrom 14 CFR 91.119Minimum safe altitudes, the petitioner specifies thatrelieffrom§ 91.119(c) is necessarybecause "aerial survey work must be accomplished at relatively low altitudes and at altitudes less than 500 feet AGL." Section 91.119(c) states that no personmayoperate an aircraft below the following altitudes; over other than congestedareas, an altitude of500 feet above the surface, except over open water or sparselypopulated areas. Inthose cases, the aircraft maynot be operated closerthan 500 feet to anyperson, vessel, vehicle, or structure. Trimble states that it will operate pursuant to the following, self-imposed, restrictions related to § 91.119: • All operations will avoid congested orpopulated areas, which are depicted in yellow onVFR charts. • All operations will be conducted overprivate orcontrolled access property. • Permission from land owner/controller will be obtainedpriorto thebeginning ofevery flight. • Operator will file a NOT AM for each flight.

# •

• 18
Relative to Trimble's proposal to "avoid" congested orpopulated areas, which are depicted in "yellow" on VFR charts; the FAA acknowledges that avoidance ofthese areas is apracticable step in assuring that operations are not conducted over congested or denselypopulated areas. However, using these "yellow" areas only, to make this determination, is not sufficient. The FAAhas stated that there is no precise definition ofa "congested area" and official U.S. Government aeronautical charts and NOTAMs provide general guidance for developing a proposed route that complies with § 91.119. Furthermore, aeronautical charts would notbe expected to reflect all required local information. Pilotsmayobtain such informationin a briefmg from the local Flight Standards District Office (FSDO). This information along with the pilot'spriorknowledge ofthe area and informationthe pilot obtains from other sources may require an adjustment to the planned flight path before or during flight. Ultimately, it is the pilot's responsibility to maintain the minimum safe altitudes required by § 91.119. See Legal Interpretation to Melvin 

### 0. Cintron, from Rebecca 

### B. MacPherson (Aug. 28, 2012). Therefore, operations within "yellow" areas as shown onWorld Aeronautical Charts (WAC), Sectional Aeronautical Charts (Sectionals), or Terminal Area Charts (TAC) are prohibited as proposed byTrimble. In addition, operations over congested ordensely populated areas other than those depicted in "yellow" are also prohibited as stated in the conditions and limitations below

. Flight operations will be required to be conducted at least 500 feet from all nonparticipating persons, vessels, vehicles, and structures. However, the FAA finds that the UAmaybe operated at distances less than 500 feet from unoccupied vessels, vehicles or structures owned bythe land owner/controller when the land owner/controller grants suchpermission and the PIC makes a safety assessment ofthe risk ofoperating closerto those objects. With regard to operations nearpersons, operations closerthan 500 feet from the UAS PIC orVO are permitted when operationallynecessary. However at no time can operations be conducted so close to present anunduehazard to the PIC orVO, per§ 91.119 (a). The FAA finds that relieffrom § 91.119(c) is warranted provided adherence to the procedures in the operator's manual and the FAA's additional conditions and limitations outlined below. Relieffrom§ 91.119(a) is unwarranted as the FAA expects the petitioner to be able to perform an emergencylanding without undue hazard to persons orproperty on the surface. Relieffrom§§ 91.119(b) and 91.119(d) are not applicable. Regarding the petitioner'srequested relieffrom § 91.151(a) Fuel requirements for flight in VFR conditions, priorreliefhas been granted for manned aircraft to operate at less than the prescribed minimums, including Exemption Nos. 2689, 5745, and 10650. In addition, similar UAS-specific reliefhas been granted inExemptionNos. 8811, 10808, and 10673 for daytime, VFR conditions. The UAS provides batterypowerremaining inpercent and batterytime remaining inminutes and seconds to the PIC. The UXS batteriesprovide approximately 50

# •

•

• 19 minutes ofpowered flight. The FAA agrees with Trimble's proposal to limit UX5 flights to notmorethan 40 minutes, maintaining 10 minutes ofreserve powerwhichis adequate to return the UAS to its planned landing zone from anywhere inits operating area. Inthe event thatthe UX5 shouldrun out ofpower, it would simply land withinthe access controlled operating area. Giventhe limitations on its proposed operations and the location ofthose proposed operations, a reduced minimum power reserve for flight indaylight VFR conditions isreasonable. These factors providetheFAA with sufficient reason to grant the relieffrom 14 CFR91.151 (a) asrequested in accordance with the conditions and limitations below, that prohibit the PIC from beginning a UX5 flight unless (considering wind and forecast weather conditions) there is enough powerto fly to the first point ofintended landing and, assuming normal cruising speed, to fly after that for at least 1 0 minutes. Regarding basic VFR weather minimums, Trimbleproposes to operate exclusively within Class G airspace, which normallyrequires thatno person operate an aircraft whenthe flight visibility is less than one statutemile and operations mustremain clear ofclouds (14 CFR 91.155). TheFAA is requiring, through the conditions and limitations below, that the UA may notbe operated less than 

### 500 feet below orless than 2,000 feet horizontally from a cloud or when visibility is less than 3 statute miles from the PIC. The FAA is imposing these stricter requirements on Trimble's operations to both keep the UA from departing VLOS and to preclude the UA from operating so close to a cloud as to create a hazard to other aircraft operating in the NAS. These requirements, combined with the PIC's ability to initiate a return to apreplanned position, are sufficient mitigations to ensure the safety oftheNAS is not adversely affected. Additionally, in evaluating the petitioner'sproposed operatingparameters with regard to VLOS and a safe operating perimeter, the FAA considered operations from a moving device orvehicle. Since thepetitioner did not discuss provisions for these circumstances, the conditions and limitationsbelow preclude operations from moving devices orvehicles. Regarding an AirTraffic Organization (ATO) issued Certificate ofWaiver orAuthorization (COA), the majority ofcurrentUAS operations occurring in the NAS are being coordinated through AirTraffic Control (ATC) bythe issuance ofa COA. This is an existingprocess that not onlymakes local ATC facilities aware ofUAS operations, but also provides ATC the ability to consider airspace issues that areunique to UAS operations. The COA will require the operatorto request a NOT AM, which is the mechanism for alerting otherusers ofthe NAS to theUAS activities being conducted. Therefore, the FAA believes that adherence to this process is the safest and most expeditious way to permitTrimbleto conduct its proposed UAS operations. The conditions and limitations below prescribe the requirement for Trimble to obtain an ATO-issued COA.

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• 20 Public futerest The FAA finds that a grant ofexemption is inthepublic interest. The enhanced safety achieved using a UA with the specifications describedbythe petitioner and carrying no passengers orcrew, rather than a manned aircraft ofsignificantly greaterproportions, carrying crew in addition to flammable fuel, gives the FAA goodcause to find that the UAS operation enabled by this exemption is inthe public interest. The FAA also finds that UAS provide an additional tool for the agricultural, mining, and professional surveying industries, adding a greater degree offlexibility, which supplementsthe current capabilities offeredbymanned aircraft. The table below summarizes the FAA's determinations regarding the reliefsought bythe petitioner: 

### Reliefsoueht

### bv oetitioner (14 

### CFR) FAA determination 

### (14 CFR) Part 21 Reliefnot necessary 45.23(b) Reliefnot necessary 61.113(a) and (b) Reliefgranted with conditions and limitations 61.133{a) Reliefnot necessary Reliefgranted from 91.7{a), with conditions 91.7{a) and (b) and limitations 91.7(b), reliefnot necessary 91.9(b){2) Reliefnot necessary 91.109{a) Reliefnot necessary 91.119 Reliefgranted from paragraph (c) with conditions and limitations Reliefgranted from 91.151 (a) (1), day, with 91.151(a) conditions and limitations 91.151 {a) {2), night, not applicable 91.203(a) and (b) Reliefnot necessary 91.319{a)(l) Not applicable 91.405(a) Reliefgranted with conditions and limitations 91.407(a)(l) Reliefgranted with conditions and limitations Reliefgranted with conditions and 91.409(a)(2) limitations; relieffrom 91.409(a

### )(1) also granted with conditions and limitations Reliefgranted with conditions and 91.417(a) limitations; relieffrom 91.417 (b) also granted withconditions and limitations The 

### FAA's Decision fu consideration ofthe foregoing, I find that a grant ofexemption is inthe public interest. Therefore, pursuant to the authority contained in49 USC 106 

### (f), 40113, and 44701, delegated

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• 21 to me bythe Administrator, TrimbleNavigation, Ltd. is granted an exemption from 14 CFR 61.113(a) and (b); 91.7(a); 91.119 (c); 91.15l(a)(1); 91.405(a); 91.407(a)(l); 91.409(a)(l) and (2); and 91.417(a) and (b) to the extent necessary to allow Trimble to operate the UX5 UAS for the special purpose ofprecision aerial surveys that consist ofstillphotographs takenbyan onboard camera. This exemption is subject to the conditions and limitations listedbelow. Conditions and Limitations Relative to this grant ofexemption, Trimble is hereafterreferred to as the operator. The Trimble UX5 SafetyChecklist (PetitionExhibit 1 ), the Training Manual (Petition Exhibit 2), the UX5 Maintenance and InspectionManual (PetitionExhibit 3), and the UX5 User Guide (Petition Exhibit 4), are hereafter collectivelyreferred to as the operator's manual. Failure to complywith any ofthe conditions and limitations ofthis grant ofexemption will be grounds for the immediate suspension orrescission ofthis exemption.
1) Operations authorizedbythis grant ofexemption are limitedto the following aircraft described inthe operator's manual which is a fixed-wing aircraft weighing less than 6 pounds: TrimbleNavigation Limited UX5 UAS. Proposed operations ofanyother aircraft will require a new petitionor a petitionto amend this grant. 2) TheUA maynotbe flown at anindicated airspeed exceeding 74.5 knots. 3) TheUA mustbe operated atan altitude ofno more than400 feet above groundlevel (AGL), as indicated bythe procedures specified inthe operator's manual. All altitudes reported to ATC must be infeet AGL. 4) TheUA mustbe operated within visual line ofsight (VLOS) ofthe PIC at all times. This requires the PIC to be able to usehumanvision unaidedby any device otherthan corrective lenses, as specified on the PIC'sFAA-issued airmanmedical certificate. 5) All operations mustutilize a visual observer (VO). The VO maybeused to satisfY the VLOS requirement as long as the PIC always maintains VLOS capability. TheVO and PIC mustbe able to communicate verbally at all times. ThePIC mustbe designated before the flight and cannot transferhis orherdesignation for the duration ofthe flight. The PIC must ensure that the VO canperform the functions prescribed in the operator's manual. 6) Provided the additional requirements identified inthese conditions and limitations are added oramended, the operator's manual is considered acceptable to the FAA. The

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• 22 operator's manual and this grant ofexemption must be maintained and made available to the Administratorupon request. Ifa discrepancy exists between the conditions and limitations in this exemption and the procedures outlined in the operator's manual, the conditions and limitationsherein take precedence and mustbe followed. Otherwise, the operatormust follow the procedures as outlined in its operator's manual. The operator mayupdate orrevise its operator's manual. It is the operator's responsibility to track such revisions and presentupdated and revised documents to the Administratorupon request. The operator must also present updated and revised documents ifitpetitions for an extension or amendment ofthis exemption. Ifthe operatordetermines that any update orrevision would affect thebasis upon which the FAA granted this exemption, then the operator must petitionfor amendment to its exemption. The FAA'sUAS Integration Office (AFS-80) maybe contacted if questions arise regarding updates orrevisions to the operator's manual. 7) Prior to each flight the PIC must inspect the UAS to ensure it is in a condition for safe flight. Ifthe inspection reveals a condition that affects the safe operation ofthe UAS, the aircraft is prohibited from operatinguntil the necessarymaintenance has been performed and the UAS is found to be in a condition for safe flight. The Ground Control Stationmust be included inthe preflight inspection. All maintenance and alterations mustbeproperly documented inthe aircraft records

. 8) AnyUAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g. replacement ofa flight critical component, mustundergo a functional test flight in accordance with the operator's manual. The PIC who conducts the functional test flight must make an entry inthe UAS aircraft records ofthe flight. The requirements and procedures for a functional test flight and aircraft record entry mustbe added to the operator's manual. 9) The preflight inspection section in the operator's manual mustbe amended to include the following requirement: The preflight inspection must account for all discrepancies, i.e. inoperable components, items, or equipment, not covered in the relevant preflight inspection sections ofthe operator's manual. 10) The operator must follow the manufacturer's UAS aircraft/component, maintenance, overhaul, replacement, inspection, and life limitrequirements, withparticular attentionto flight critical components that may notbe addressed in the manufacturer's manuals. 11)Trimble must carry outitsmaintenance, inspections, and record keeping requirements in accordance with the operator's manual. Maintenance, inspection, and alterations must be noted in the aircraft logbook, including total flight hours, description ofwork

# •

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• 23 accomplished, and the signature ofthe authorized UX5 technicianreturning the UX5 to service. 12)UX5 technicians must receive and document training referenced inthe operator's manual. 13)Each UAS operated under this exemption must comply with all manufacturer System and SafetyBulletins. 14)Trimble UX5 maintenance personnel must make a record entry in the UAS logbook or equivalent document ofthe corrective action taken against discrepancies discovered between inspections. 15)The PIC must possess at least a private pilot certificate and a third-class airman medical certificate. The PIC must also meet the flight review requirements specified in 14 CFR 61.56 in an aircraft in which the PIC is rated onhis orherpilot certificate. 16)Priorto operating for hire, the PIC must have completed Trimble's five-day UX5 Training Syllabus as outlined in the Safety Checklist. The Training Manual must also beupdated to reflect the specific five day Training Syllabus presented byTrimble. The Training Manual specifies the minimum flight and skill requirements for the Remote Pilot, InstructorPilot and Examiner. Those Manuals and records ofthose requirements must be documented and made available upon request bythe Administrator. Those minimum flight requirements are repeated here as conditions and limitations: Remote pilot [PIC] • Minimum 2 flights ontheUX5 as a remotepilot during theType Rating module • Minimum 2 flights onthe UX5 as visual observerduring theType Rating module • When failed: Minimum 4 flights ontheUX5 for the failed part Instructor pilot • A minimum of25 flights and 4 hours where:

o The flights occurred on4 different calendardays.

o Two long endurance flights that last nearthe maximum permissible endurance (40 min for operations conductedunder this exemption) orhave a minimumduration of45 min for

# •

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• 24 previously logged flights or flights not conducted under this exemption (per the Trimble operation's manual).

o One flight with a minimum measured wind speed of30kph (18.64 mph). Ifthe wind speed cannot be measured, you can provideprooffrom METARas close as 25km from the weather station.

o One flight with a minimumprogrammedleg distance of 1km (ifpossible byCAAregulations, otherwise as long as possible.)

o 11 flights with a different selected height where: o 2 flights are at theminimumheight o 2 flights are at the maximum allowableheight Examiner • 100 flights and 20 hours (regardless ofaircraft type) or as approved

by a team ofexaminers

. Prior documented flight experience that was obtained in compliance with applicable regulations may satisfy this requirement. Training, proficiency, and experiencebuilding flights can also be conducted under this grant ofexemption to accomplish the required flights and flight time. 17) Ifthe UAS loses communications or loses its GPS signal, the UA must return to a pre-determined location withinthe private or controlled-access property and land or be recovered in accordance with the operator's manual. 18)The PIC must abort the flight in the event ofunpredicted obstacles or emergencies in accordance with the operator's manual. 19)The PIC is prohibited from beginning a UX5 flight unless (considering wind and forecast weather conditions) there is enoughpowerto fly to the first point ofintended landing and, assuming normal cruising speed, to fly after that for at least 1 0 minutes. 20)The operator must obtain an AirTraffic Organization (ATO) issued Certificate of Waiver orAuthorization (COA) prior to conducting any operations underthis grant of exemption. This COA will also require the operator to request a Notice to Airman (NOTAM) not more than 72 hours in advance, but not less than48 hours prior to the operation

.

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• 25 21)All aircraft operated in accordance with this exemption must be identifiedby serial number, registered in accordance with 14 CFRpart 47, and have identification (NNumber) markings in accordance with 14 CFRpart 45, Subpart C. Markings must be as large as practicable. 22)Before conducting operations, the radio frequency spectrum used for operation and control ofthe UA must complywith the Federal Communications Commission (FCC) or other appropriate government oversight agencyrequirements. 23)The documents required under 14 CFR 91.9 and 91.203 must be available to the PIC at the Ground Control Station ofthe 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 yield the right ofwayto all other manned operations and activities at all times (including, but not limited to, ultralight vehicles, parachute activities, parasailing activities, hang gliders, etc.). 25)The UAS maynot be operated bythe PIC from any moving device or vehicle

. 26)UAS operations maynot be conducted during night, as defined in 14 CFR 1.1. 27)All operations shall be conducted in Class G airspace. 28)All operations must be conducted under visual meteorological conditions (VMC). The UA maynot be operated less than 500 feet below or less than 2,000 feet horizontally from a cloud orwhen visibilityis less than 3 statute miles from the PIC. 29)During operations in Class G airspace, the UAmaynot operate within 5 nautical miles ofthe geographic center ofan airport as denoted on a current FAA-published aeronautical chart unless a letter ofagreement with that airport's management is obtained, and the operation is conducted in accordance with a NOT AM as required by the operator's COA. The letter ofagreement with the airport management must be made available to the Administrator upon request. 30)The UA maynot be operated over congested or denselypopulated areas. These areas include but are not limited to the yellow areas depicted onWorld Aeronautical Charts (WAC), Sectional Aeronautical Charts (Sectionals), or Terminal Area Charts (TAC). However, aeronautical charts maynot reflect pertinent local information. Ultimately, it is the PIC's responsibility to maintain the minimum safe altitudes required by § 91.119

.

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• 26 31)Operation ofthe UA must be conducted at least 500 feet from all nonparticipating persons, vessels, vehicles, and structures. 32)0perations oftheUA maybe conducted at distances less than 500 feet from participating persons, vessels, vehicles or structures that perform an essential function in connection with these special purpose operations. Operations closer than 500 feet from the PIC, VO, operator trainees and essential persons, are permitted when operationallynecessary; but never so close as to present an undue hazard, per 

### § 91.119(a). 33) Operations ofthe UAmaybe conducted at distances less than 500 feet from unoccupied vessels, vehicles or structures owned bythe land owner/controller when the land owner/controller grants such permission and the PIC makes a safety assessment ofthe risk from operations closer to these objects. 34)All operations shall be conducted overprivate orcontrolled-access propertywith permission from the land owner/controller or authorized representative. Permission from land owner/controller or authorized representative will be obtained for each flight to be conducted

. 35)Anyincident, accident, or flight operation that transgresses the lateral orvertical boundaries ofthe operational area as defined bythe 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. Unless otherwise specified in this grant ofexemption, the unmanned aircraft system (UAS), pilot in command (PIC), and operator must complywith all applicable parts of 14 CFR including, but not limited to, parts 45, 47, 61, and 91. This exemption terminates onDecember 31,2016, unless sooner superseded orrescinded. Issued inWashington, DC, onDecember 10, 2014. 

### Is/ John S. Duncan Director, Flight Standards Service

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• US. Department ofTransportation FederalAviation Administration May 7, 2015

Mr. James A. Kirkland TrimbleNavigation Limited 935 Stewart Drive Sunnyvale, CA 94085 DearMr. Kirkland: ExemptionNo. llllOA 800 Independence Ave., S.W. Washington. D.C. 20591

Regulatory DocketNo. FAA-2014-0367

This letter is to inform you that we have granted yourpetition to amend ExemptionNo. 11110. It explains the basis for our decision, describes its effect, and lists the revised conditions and limitations

. Byletters dated March4 and Aprill4, 2015, you petitioned the Federal Aviation Administration (FAA) on behalfofTrimbleNavigation Limited (hereinafterpetitioner or operator) for an amendment to ExemptionNo. 11110. That exemption from§§ 61.113(a) and (b); 91.7(a); 91.119 (c); 91.15l(a)(l); 91.405(a); 91.407(a)(l); 91.409(a)(l) and (2); and 91.417(a) and (b) ofTitle 14, Code ofFederal Regulations (14 CFR) allows the petitionerto conduct precision aerial surveys that consist ofstill photographs takenby an on board camera. Yourequested an amendment to add a new aircraft, the Trimble UX-5 hp, and to revise Condition nos. 4, 15, 16 (Pilot in Command), no. 19 (fuel requirements), no. 20 (Certificate of Waiver orAuthorization (COA) requirements), and removing nos. #29 and #30 (operating parameters). Inyourpetition, you indicate that there has beenno change inthe conditions and reasons relative to public interest and safetythat were the basis for granting the original exemption. The FAAhas determined that good cause exists for notpublishing a summary ofthe petition inthe Federal Registerbecause the requested amendment to the exemption would not set a precedent, and any delay in acting onthis petition would be detrimental to the petitioner. The unmanned aircraft(s) authorized in the original grant is comparable intype, size, weight, speed and operating capabilities to those inthis petition

.

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• Airworthiness Certification In accordance with the statutory criteriaprovided in Section 333 ofPublic Law 112-95 in reference to 49 U.S.C. § 44704, and in consideration ofthe size, weight, speed, and limited operating area associated with the aircraft and its operation, the Secretary ofTransportation has determined that this aircraft meets the conditions ofSection 333. Therefore, the FAA finds that relieffrom 14 CFRpart 21, 

### Certificationprocedures forproducts andparts, SubpartH-Airworthiness Certificates, and any associated noise certification and testing requirements ofpart 36, is not necessary. TheBasis for Our Decision The FAAhas updated the conditions and limitations since the petitioner's initial grant of exemption to those found inExemptionNo. 11213 to Aeryon Labs, Inc. (DocketNo. FAA2014-0642). Also in Grants ofExemptionNos. 11062 to Astraeus Aerial 

### (see DocketNo. FAA-2014-0352), 11109 to Clayco, Inc. 

### (see DocketNo. FAA-2014-0507), 11112 to VDOS Global, LLC 

### (see DocketNo. FAA-2014-0382), the FAA found that the enhanced safety achieved using an unmanned aircraft (UA) with the specifications described bythe petitioner and carrying no passengers or crew, rather than a manned aircraft ofsignificantly greater proportions, carrying crew in addition to flammable fuel, gives the FAA good cause to find that the UAS operation enabled bythis exemption is inthe public interest. Having reviewed your reasons for requesting an amendment to an exemption, I find that-

• They are similarin all material respects to reliefpreviouslyrequested in Grant of ExemptionNos. 11062, 11109, 11112, and 11213; • The reasons stated bythe FAA for granting ExemptionNos. 11062, 11109, 11112, and 11213 also apply to the situation you present; and • A grant ofan amendment is in the public interest. Our Decision The FAAhas determined that thejustification for the issuance ofExemptionNo. 11110 remains valid withrespect to this exemption and is inthepublic interest. Therefore, under the authority contained in 49 U.S.C. 106(f), 40113, and 44701, delegated to me by the Administrator, TrimbleNavigation Limited is granted an amendment to its 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)(l), 91.405(a), 91.407(a)(l), 91.409(a)(l) and (2), and 91.417(a) and (b), to 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

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• Conditions and Limitations The conditions and limitations within Grant ofExemptionNo. 11110 have been superseded, and are amended as follows. Inthis grant ofexemption, TrimbleNavigation Limited is hereafter referred to as the operator. Failure to comply with any ofthe conditions and limitations ofthis grant ofexemption will be grounds for the immediate suspension orrescission ofthis exemption. 1. Operations authorized by this grant ofexemption are limited to the Trimble UX5 and Trimble UX5 hp when weighing less than 55 pounds including payload. Proposed operations ofany other aircraft will require a new petition or a petition to amend this exemption. 2. Operations for the purpose ofclosed-set motion picture and television filming are not permitted. 3. The UA may not be operated at a speed exceeding 87 knots (100 miles perhour). The exemption holdermayuse either groundspeed or calibrated airspeed to determine compliance with the 87 knot speed restriction. Inno case will the UA be operated at airspeeds greaterthan the maximum UA operating airspeed recommended bythe aircraft manufacturer. 4. The UA mustbe operated at an altitude ofno more than 400 feet above ground level (AGL). Altitude must be reported in feet AGL. 5. The UA mustbe operated within visual line ofsight (VLOS) ofthe PIC at all times. This requires the PIC to be able to use human visionunaided by any device otherthan corrective lenses, as specified onthe PIC's FAA-issued airman medical certificate or U.S. driver's license. 6. All operations must utilize a visual observer (VO). The UA mustbe operated within the visual line ofsight (VLOS) ofthe PIC and VO at all times. The VO maybe used to satisfy the VLOS requirement as long as the PIC always maintains VLOS capability. The VO and PIC mustbe able to communicate verbally at all times; electronic messaging ortexting is not permitted during flight operations. The PIC mustbe designated before the flight and cannot transferhis orher designation for the duration ofthe flight. The PIC must ensure that the VO canperform the duties required ofthe VO. 7. This exemption and all documents needed to operate the UAS and conduct its operations in accordance with the conditions and limitations stated inthis 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 3

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• Administratorupon request. Ifa 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 theprocedures as outlined in its operating documents. The operator mayupdate orrevise its operating documents. It is the operator'sresponsibility to track suchrevisions andpresent updated and revised documents to the Administrator or any law enforcement official uponrequest. The operator must also present updated and revised documents ifitpetitions for extension or amendment to this grant ofexemption. Ifthe operator determines that anyupdate orrevision would affect the basis upon which the FAA granted this exemption, then the operator must petition for an amendment to its grant ofexemption. The FAA's UAS Integration Office (AFS-80) may be contacted ifquestions arise regarding updates or revisions to the operating documents. 8. AnyUAS that hasundergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g. replacement ofa flight critical component, mustundergo a functional test flight priorto conducting further operations underthis 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 notpose anunduehazard 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. Priorto each flight, the PIC must conduct a pre-flight inspection and determine the UAS is in a condition for safe flight. Thepre-flight inspection must account for all potential discrepancies, e.g. inoperable components, items, orequipment. Ifthe inspectionreveals a condition that affects the safe operation ofthe UAS, the aircraft is prohibited from operating until the necessary maintenance has beenperformed and the UAS is found to be in a condition for safe flight. 11. The operatormust follow the UAS manufacturer's maintenance, overhaul, replacement, inspection, and life limit requirements for the aircraft and aircraft components. 12. EachUAS operated underthis exemptionmust complywith all manufacturer safetybulletins. 13. Under this grant ofexemption, a PIC must hold either an airline transport, commercial, private, recreational, or sportpilot 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 ofColumbia, 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 inwhich the PIC is rated onhis orherpilot certificate

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• 14. The operator may not permit any PIC to operateunless the PIC demonstrates the ability to safely operate the UAS in a manner consistent with how the UAS will be operatedunderthis exemption, including evasive and emergencymaneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PIC qualification flight hours and currencymustbelogged in a manner consistent with 14 CFR 

### § 61.5l(b). Flights for the purposes oftraining 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 underthis exemption are permitted underthe terms ofthis exemption. However, training operations may onlybe 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 maynot be conducted during night, as defined in 14 CFR 

### § 1.1. All operations mustbeconducted undervisual meteorological conditions (VMC). Flights under special visual flight rules (SVFR) are not authorized. 16. The UAmaynot operate within 5 nautical miles ofan airport reference point (ARP) as denoted inthe currentFAAAirport/Facility Directory (AFD) or for airports not denoted with an ARP, the center ofthe airport symbol as denoted on the current FAA-published aeronautical chart, unless a letter ofagreement with that airport's management is obtained orotherwise permitted by a COA issuedto the exemption holder. The letter ofagreement withthe airport management must bemade available to the Administrator or anylaw enforcement official upon request. 17. The UAmay notbe operated less than 500 feet below orless than 2,000 feet horizontally from a cloud orwhen visibility is less than 3 statute miles from the PIC. 18. Ifthe UAS loses communications orloses its GPS signal, the UA must return to a pre-determined location within the private orcontrolled-access property. 19. The PIC must abort the flight in the event ofunpredicted obstacles oremergencies. 20. The PIC isprohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough available power for the UAto conductthe intended operation and to operate afterthat for atleast five minutes orwiththe reserve powerrecommended bythe manufacturer ifgreater. 21. AirTraffic Organization (ATO) Certificate ofWaiver orAuthorization (COA). All operations shall be conducted in accordance with an ATO-issued COA. The exemption holdermay apply for a new or amended COA ifit intends to conduct operations that cannot be conducted under the terms ofthe attached COA. 5

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• 22. All aircraft operated in accordance with this exemptionmustbeidentifiedby serial number, registered in accordance with 14 CFRpart 47, and have identification (N-Number) markings in accordance with 14 CFRpart 45, Subpart C. Markings must be as large as practicable. 23. Documents usedby the operatorto ensure the safe operation and flight ofthe UAS and any documents required under 14 CFR 

### §§ 91.9 and 91.203 mustbe available to the PIC at the Ground Control Station ofthe UAS any time the aircraft is operating. These documents mustbemade available to the Administrator or any law enforcement official uponrequest. 24. TheUA must remain clear and give wayto 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 mustbe conducted at least 500 feet from all nonparticipating persons, vessels, vehicles, and structures unless: a. Barriers or structures are present that sufficientlyprotectnonparticipating persons from the UA and/or debris in the event ofan accident. The operator must ensure that nonparticipating persons remainunder suchprotection. Ifa situation arises where nonparticipating persons leave suchprotection and are within 500 feet of the UA, flight operations must cease immediately in a manner ensuring the safety ofnonparticipatingpersons; and b. The owner/controller ofany vessels, vehicles or structures has granted permission for operating closerto those objects and the PIC has made a safety assessment of the risk ofoperating closer to those objects and determined thatit does notpresent an undue hazard. The PIC, VO, operatortrainees oressential persons are not considered nonparticipatingpersons under this exemption. 27. All operations shall be conducted overprivate orcontrolled-access property with permission from the property owner/controlleror authorizedrepresentative. Permission from property owner/controller or authorized representative will be obtained for each flight to be conducted. 28. Any incident, accident, orflight operation that transgresses the lateral orvertical boundaries ofthe operational area as defined bythe applicable COA mustbereported to the FAA's 

### VAS Integration Office (AFS-80) within 24 hours. Accidents mustbe reported to theNational Transportation Safety Board (NTSB) per instructions contained ontheNTSB Web site: www.ntsb.gov. Ifthis exemption permits operations for the purpose ofclosed-set motion picture and television filming and production, the following additional conditions and limitations apply

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• 29. The operatormust have a motionpicture and television operations manual (MPTOM) as documented inthis grant ofexemption. 30. Atleast 3 days before aerial filming, the operator ofthe UAS affectedbythis exemption must submit a written PlanofActivities to the local Flight Standards District Office (FSDO) withjurisdiction over the area ofproposed filming. The 3-day notificationmaybe waived withthe concurrence ofthe FSDO. The plan ofactivities must include at leastthe following: a. Dates and times for all flights; b. Name and phone number ofthe operator for the UAS aerial filming conducted under this grant ofexemption; c. Name and phone number ofthe person responsible for the on-scene operation of the UAS; d. Make, model, and serial orN-Number ofUAS to be used; e. Name and certificate numberofUAS PICs involved inthe aerial filming; f. A statementthatthe operatorhas obtainedpermission from property owners and/or local officials to conductthe filming production event; the list ofthose who gave permissionmustbemade available to the inspectorupon request; g. Signature ofexemptionholder orrepresentative; and h. A description ofthe flight activity, including maps or diagrams ofany area, city, town, county, and/or state overwhich filming will beconducted and the altitudes essential to accomplish the operation. 31. Flight operations maybe conducted closer than 500 feet from participating persons consenting to be involved and necessary for the filming production, as specified inthe exemption holder's MPTOM. Unless otherwise specified inthis grant ofexemption, the UAS, the UAS PIC, and the UAS operations must complywith all applicable parts of 14 CFR including, butnot limited to, parts 45, 47, 61, and 91. This exemption terminates onDecember 31, 2016, unless sooner superseded orrescinded. Sincerely,



### Is/ John S. Duncan Director, Flight Standards Service 7

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April 14,2015 U.S. Department ofTransportation Docket Management System 1200 NewJersey Ave., SE Washlngton, DC 20590 VIA EMAIL TRANSMISSION

Re: Application for Amendment to Exemption 11110

- Trimble Navigation, Ltd. FAA Docket 2014-0367 Dear Sir or Madam: OnMarch 4, 2015 Trimble Navigation LTD (hereinafter" Trimble"), through its attorneys, submitted an application for anAmendmentto Exemption 11110, originally issued December 10, 2014 in FAADocket 2014-0367, to allow operationofan updated model ofits UAS, the UX:Shp. Given the recent changes inthe terms ofother exemptions issued bythe FAA under Section 333 oftheFAA Modernization andRefonn Act of2012, Trimble hereby files thls supplemental amendmentrequest to allow Trimble's UX5 and UX:Shp tobe operated under the same tenns and conditions that the FAA has granted to otherUAS operators under Section 333, as mostrecentlyreflected inExemption 11240, Aerius FlightLLC, andExemption 11257, Roger W. Meyer, PLS, which granted a Section 333 exemption involving a Trimble UX5 aircraft. Specifically, Trimble requests thatits Exemption 11110 be amended to not only allow it to operate its UX5hp aircraft as stated inthe March 4, 2015 request, butthat the following provision ofits Exemption 11110 be removed ormodified, as noted below, or, alternatively, the conditions inExemption 11240 andExemption 11257 be substituted intheir entirety. Specifically, Trimble requests thatthe following modifications be made to Exemption 11110: 1.) AmendExemption 11110 condition #4 by adding language "

...orU.S. driver's license" atthe end ofthe second sentence. (See Exemption 11240.) 2.) AmendExemption 11110 condition #15 by removing the present language and substituting the following: review requirements specified in 14 CFR 

### § 61.56 in an aircraft inwhich the PIC is rated on hls orherpilot certificate." (See Exemption 11240.) 3.) AmendExemption 11110 condition#16 byremoving the present language and substitutingthe following:

1299 PENNSYlVANIA AVENUE. NW, SUITE 700, WASHINGTON, DC 20004-2400 T: (202) 842-7800 F: (202) 842-7899 WWW.COOlEY.COM

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April14, 2015 Page Two



### 4.) "The operatormay not permit any PIC to operate unless the PIC demonstrates the abilityto safely operate the UAS in a manner consistent withhow the UAS will be operated underthis exemption, including evasive and emergencymaneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PIC qualification flight hours and currency must be logged in a mannerconsistent with 14 CFR 

### § 61.5l(b ). Flights for the purposes oftraining the operator's PICs and VOs (training, proficiency, and experience-building) and determining the PIC's abilityto safely operate the UAS in a manner consistent with how the UAS will be operated under this exemption are permitted under the terms ofthis exemption. However, training operations may only be conducted during dedicated training sessions. During training, proficiency, and experiencebuilding 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. The operator shall update its training manual as required under condition 6 ofthis exemption." (See Exemption 11240, with addition offmal sentence.) AmendExemption 11110 condition #19 by reducing the statedtime of remaining batterylife from ten (10) minutes to five (5) minutes. (See Exemption 11240.) 5.) Amend Exemption 11110 condition#20 by substitutingthe following: "AirTraffic Organization (ATO) Certificate ofWaiverorAuthorization (COA). All operations shall be conducted inaccordance with an ATO-issued COA. The exemption holdermay applyfor a new or amended COA 

### ifit intends to conduct operations that cannot be conducted underthe terms ofthe attached COA." 1 (See Exemption 11240.) 6.) Amend Exemption 11110 byremoving condition #29 as no longer needed. (See Exemption 11240.) 7.) Amend Exemption 11110 byremoving condition#30 as no longer needed. (See Exemption 11240.) To the extent necessary, Trimble refers the FAA to its original exemptionrequest submitted in Docket FAA-2014-0367 for a listing ofregulations (as amended by Exemption 11110) for which anexemption is being sought; a demonstration ofthe public interest; and a shoWing ofan equivalent level ofsafety. Because the UX5hp is essentially the same aircraft as approved for commercial operations inExemption 11110, andthe conditions under which itwill

1Trimble refers the FAAto its March4, 2015 request for amendment to Exemption llllO and its request for a COA allowing operations at400 feet and below and the issuance ofa COA allowing such operations. The UX5 and UX5hp software require operations at 400 feet AGL for survey operations.

1299 PENNSYLVANIA AVENUE. NW. SUITE 700, WASHINGTON, DC 20004-2400 T: (202)842·7800 F: (202) 842-7899 WWW.COOLEY.COMr ... i 

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# CoO

# lev i.tP April14, 2015 PageTnree operakremainessentially the same as those included inExemption llllOand

### Exemptions 11240

### and U257,notice need notbe provided ih the Federal Register nor public coinlp.ent solicited?

Encl. 

### If'youhave Hny 

### questions,please contactus at

## ycmr eatHestconvenience,,



### James Willia.ms· Robert 

### Pappas Thuy'Cooper· 

### Dean Griffith,.Esq. 

### James·Kirkland Kyle Gilbertson**·~** 

### Jonathan:B. Hilt 

### M. Anne Swanson Counsel for TrJmble Navigation, Ltd.

l!Applicantinterprets Section 333 as placinga duty on the iAdtriimstratol' not

### 'Ohly.lri'Jirocess applicatiori's·for exemptions under Section 333**but,~ifhe** determinesthatthe ·conditions setfoftlfherein.do llof'fulfiltthe 'statufocy requirements for approval; to-craftconditionsfor the safe•operation oftlie Q.;A.S.

1299 PENNS'(lVANIA**AV~NUE.** NW. SUITE 700, WASHINGTON, DC 20001c2400 T: (202)**842~7!JOO** F: (202) 842"7899 WWW.COOlEY.COM

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cc: James Williams Robert Pappas Thuy Cooper Dean Griffith James Kirkland Kyle Gilbertson

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• U.S.Department ofTronsportotion Federal Aviation Administration July 23, 2015

Mr. Jonathan B. Hill Ms. M. Anne Swanson CooleyLLP Counsel for TrimbleNavigation Limited 1299 Pennsylvania Avenue, NW Suite 700 Washington, DC 20004 DearMr. Hill and Ms. Swanson: ExemptionNo. 1111OB 800 Independence Ave,. S.W. Washington. D.C. 20591

Regulatory Docket No. FAA-2014-0367

This letteris to inform youthat we have granted yourpetition for an amendment. It explains the basis for our decision, describes its effect, and lists any changes to the original conditions and limitations. Byletters dated May 19 and June 3, 2015, you petitioned the Federal AviationAdministration (FAA) onbehalfofTrimbleNavigation Limited (hereinafterpetitioner oroperator) for an amendment to your current exemption. That exemption from§§ 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)(l), 91.405(a), 91.407(a)(l), 91.409(a)(l) and (2), and 91.417(a) and (b) ofTitle 14, Code of Federal Regulations (14 CFR) allows the petitionerto operate a UAS to perform aerial data collection. Yourequested an amendmentto add the Trimble

### ZX5 and Eagle G4. In yourpetition, you indicate thatthere has beenno change inthe conditions and reasons relativeto public interest and safetythatwere the basis for grantingthe original exemption. TheFAAhas determined that good cause exists fornotpublishing a summary ofthepetition inthe Federal Registerbecause therequested amendment to the exemptionwould not set a precedent, and any delay in acting onthis petitionwould be detrimental to the petitioner. The unmanned aircraft authorized inthe original grant are comparable intype, size, weight, speed and operating capabilities to those inthispetition

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• Airworthiness Certification Inaccordance with the statutorycriteriaprovided in Section 333 ofPublic Law 112-95 in reference to 49 U.S.C. 

### § 44704, and in consideration ofthe size, weight, speed, and limited operating area associated with the aircraft and its operation, the Secretary ofTransportation has determined that this aircraft meets the conditions ofSection 333. Therefore, the FAA fmds that relieffrom 14 CFRpart 21, 

### Certificationprocedures forproducts and parts, SubpartH-Ailworthiness Certificates, and any associated noise certification and testing requirements ofpart 36, is not necessary. Our Decision TheFAA has determined that thejustification for the issuance ofExemption No. 11110A remains valid and is in the public interest. Therefore, underthe authority contained in49 U.S.C. 106(f), 40113, and 44701, delegated to me by the Administrator, the operatoris granted an amendment to add new aircraft to its UAS operations. The operator shall add this amendment to its original exemption. Conditions and Limitations Allconditions and limitations within Grant ofExemptionNo. 11110A remain in effect except as follows. ConditionNo. 1has been updated to reflect the additional aircraft. Failure to comply with any ofthe conditions and limitations ofthis grant ofexemption will be grounds for the immediate suspension orrescission ofthis exemption. 1. Operations authorized by this grant ofexemption are limited tothe TrimbleUX5, Trimble UX5 hp, Trimble ZX5, and Eagle G4 when weighing less than 

### 55 pounds includingpayload. Proposed operations ofany other aircraft will require a new petition or a petition to amend this exemption. This exemption terminates on December 31, 2016, unless sooner superseded orrescinded. Sincerely, 

### lsi JohnS. Duncan Director, Flight Standards Service Enclosures 2

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Jonathon B. Hill +1202 776 2725 jhill@cooley.com May 19, 2015
U.S. Department ofTransportation Docket Management System 1200 New Jersey Ave., SE Washington, DC 20590 Re: Application for Amendment to Exemption 11110A, Trimble Navigation, Ltd., FAA Docket 2014-0367 Dear Sir or Madam: On March 4, 2015 and April14, 2015, Trimble Navigation, Ltd. (hereinafter "Trimble"), through its attorneys, submitted applications for amendments to Exemption 11110, originally issued December 10, 2014 in FAA Docket 2014-0367 to (1) allow operations of an updated model of its UX5, named the "UX5hp" and (2) update the terms ofthe conditions contained in Exemption 11110 to those that are being issued currently to all exemption holders under Section 333 for the FAA Modernization and Reform Act of 2012. On May 7, 2015, the FAA issued Exemption 1111OA allowing the commercial operation ofthe ofthe UX5 hp with updated standard terms and conditions. This letter is a further request for an amendment to add the following aircraft to the amended Exemption 1111OA for commercial use in aerial data collection: 1) Service-drone Eagle G4 2) Trimble UX3 The Service-drone Eagle is a rotor aircraft weighing a maximum of 11 lbs. at takeoff (in any event, less than 551bs.), with payload. Itwill not operate at a speed greater than 87 knots. Preflight maintenance will be accomplished as set forth in the Operations Manual submitted confidentially with this application. The Trimble UX3 is a rotorcraft weighing a maximum of 11 lbs. attakeoff (in any event, less than 551bs.), with payload. It will not operate at a speed greater than 87 knots. Preflight maintenance will be accomplished as set forth in the Operations Manual submitted confidentially with this application. Attachment 1 to this petition for amendment is a listing of operations manuals submitted confidentially

.

1299 PENNSYlVANIA AVENUE. NW, SUITE 700, WASHINGTON, DC 20004-2400 T: (202) 842-7800 F: (202) 842-7899 WWW.COOlEY.COM

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May 19, 2015 Page Two

All the listed aircraft will be operated in accordance with the procedures set forth in the manuals listed above and submitted confidentially. The FAA has issued exemption grants in circumstances similar in all material respects to those presented in this petition. In Exemption No. 11062 to Astraeus Aerial (see Docket No. FAA-2014-0352), No. 11109 to Clayco, Inc. (see Docket No. FAA-2014-0507), No. 11112 to VDOS Global, LLC (see Docket No. FAA-2014-0382), and No. 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 ofsignificantly greater proportions carrying crew in addition to flammable fuel, gave the FAA good cause to find that the UAS operation at issue was in the public interest. To the extent necessary, Trimble refers the FAA to its original exemption request submitted in Docket FAA-2014-0367 for a listing of regulations (as amended by Exemption 1111OA) for which an exemption is being sought; a demonstration ofthe public interest; and a showing of an equivalent level of safety. Based on the foregoing and for all the reasons set forth in Trimble's previous filings in Docket 2014-0367, which are now incorporated by reference, Trimble notes that the FAA has granted similar exemptions, as set forth above, for aerial data collection, and it, therefore, believes that this amendment request is subject to the FAA's already announced Summary Exemption Process. 1 Finally, as set forth in more detail in its March 4, 2015 amendment request, Trimble requests that all of its aircraft granted authorization to conduct commercial operations underthis amendment be allowed to operate without a separate Certificate of Operation ("COA") in Class G airspace, at 400 feet AGL and below, and at least 5 nautical miles from the geographic center of an airport unless a letter of agreement with the airport's management is obtained.

1 Applicant interprets Section 333 as placing a duty on the Administrator not only to process applications for exemptions under Section 333 but, if he determines that the conditions set forth herein do not fulfill the statutory requirements for approval, to craft conditions for the safe operation ofthe UAS.

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Ifyou have any questions, please contact us at your earliest convenience.
Sincerely yours,



# Uf-1!/f

Jonathan B. Hill M. Anne Swanson Counsel for Trimble Navigation Limited Encl:
cc: Robert Pappas Thuy Cooper Jake Troutman Dean Griffith James Kirkland Kyle Gilbertson

1299 PENNSYLVANIA AVENUE, NW, SUITE 700, WASHINGTON, DC 20004-2400 T: (202) 842-7800 F: (202) 842-7899 WWW.COOLEY.COM

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May 19, 2015 Page Four List of Confidential Manuals

1. Operations Manual-Service-drone Eagle G4. 2. Operations Manual-Trimble UX3.

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M. Anne Swanson +1 202 776 2534 aswanson@cooley.com
June 3, 2015
U.S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE Washington, DC 20590 Re: Application for Amendment to Exemption 11110A, Trimble Navigation Limited FAA Docket 2014-0367 Dear Sir or Madam: On May 19, 2015, Trimble Navigation Limited ("Trimble") submitted an amendment to add two aircraft to amended Exemption 1111OA for commercial use in aerial data collection. The FAA issued Exemption 1111OA on May 7, 2015. One of the two aircraft discussed in the amendment is the "Trimble UX3." ·Trimble has now renamed that craft the "Trimble ZX5." By this letter, Trimble hereby requests that every reference to the "UX3" in the May 19, 2015 filing, including in the separately filed manuals, now be read to refer instead to the "ZX5." We believe this request to be ministerial in nature, but please advise us if other procedures are preferred. If you have any other questions, please contact us.

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# v~:tz.2: Counsel for Trimble Navigation Limited cc: Robert Pappas Thuy Cooper Jake Troutman Dean Griffith James Kirkland Kyle Gilbertson Jonathan Hill

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