• 

.. '1/o4-3 

UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION WASHINGTON, DC 

Regulatory Docket No. 

A ,, •. ,,.. ;. L ~) 

IN THE MATTER OF THE PETITION FOR EXEMPTION OF: Elevated Engineering, 

LLC FOR AN 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, Subchapter D 

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 REFORM ACT OF 2012 (PUBLIC LAW 112-95) 

Submitted on 11th ofFebruary, 2016 

Elevated Engineering, LLC 

1095 Saberton A venue 

Sheridan, WY 82801 

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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. FROM WHICH PETITIONER 

SEEKS EXEMPTION ........................................................................ 8 

C. PUBLIC INTERESTS BENEFITED BY GRANTING PETITIONER'S 

REQUEST .................................................................................... 11 

D. SAFETY PRECAUTIONS THAT WILL BE OBSERVED BY 

PETITIONER ................................................................................. 12 

SUMMARY OF REQUEST FOR PUBLICATION IN THE FEDERAL 

REGISTER ................................................................................................. 15 

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS 

AVAILABLE TO SUPPORT PETITIONER'S REQUEST .......................................... 15 

CONCLUSION ............................................................................................. 16 

APPENDICES .............................................................................................. 18 

• Page 2 of17 
• GLOSSARY OF ABBREVIATIONS 

AGL Above Ground Level 

AOI Area of Interest 

ATC Air Traffic Control 

ATO Air Traffic Organization 

AV Aerial Vehicle 

CFR Code of Federal Regulations 

COA Certificate of Authorization 

FAA Federal Aviation Administration 

FAR Federal Aviation Regulation 

FMRA FAA Modernization Reform Act of 2012 

GCS Ground Control Station 

GPS Global Positioning System 

• LOL Loss of Link 

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 of Site 

VMC Visual Meteorological Conditions 

VTOL Vertical Takeoff and 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, Subchapter D Parts 60 thru 67 61.1 to 61.429, to operate 

an Unmanned Aircraft System pursuant to Section 333 of the FAA Modernization and Reform Act 

of2012 (FMRA). This exemption will permit the Petitioner 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 of the United States. 

INTRODUCTION AND 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 sector businesses. Through its surveying 

activities, the Petitioner will provide its clients with valuable engineering data, which will enable 

both public and private entities to make informed decisions regarding infrastructure improvement. 

The primary objective of the Petitioner's use of the 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 sewer improvement projects; 

• GIS mapping; 

• Inspecting waterlines and pipelines; and 

• Identifying leaks, damages and inefficiencies in various types of infrastructure. 

Through the use of the Unmanned Aircraft Systems, the Petitioner will be able to better 

ensure the safety of its surveying teams by minimizing the 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; 

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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 systems mapping, and surveying, the Petitioner also seeks 

this exemption to conduct operations in the following fields of service: 

• 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 . 

BACKGROUND 

The Petitioner seeks an exemption to operate the Trimble family of aircraft, including the 

UX5, the UX5 HP, and the ZX5 Unmanned Aircraft Systems for compensation or hire within the 

NAS. The individual specifications for each of the 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 and Registration 

Marking. 

THE AIRCRAFT 

The UAS that the Petitioner requests to operate commercially are the devices made by 

Trimble. See APPPENDIX A: Trimble Exemptions 11110, Ill lOA, Ill lOB. 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 pusher propeller, brushless 1400 W motor. 

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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; 

automatic take off flight and landing; autonomous camera triggering 

automated fail-safe routines; user controlled fail-safe commands; 

automated post-flight checks; and Trimble Access integration. 

2.4 Ghz (FHSS) with range of 5 km (3.1 0 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 

See APPENDIX B: 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 pusher propeller, 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; 

automatic take off flight and landing; autonomous camera triggering 

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 in x 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 

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• See APPENDIX C: UX5 Operations Material. 

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(3) UA: 

Structure: 

Propulsion: 

Control Software: 

Connectivity: 

Battery: 

Dimensions: 

Weight: 

Cruise Speed: 

Safety System: 

Flight time: 

ZX5 

Caron frame structure. 

Electric pusher propeller, 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 off flight and landing; autonomous camera triggering 

automated fail-safe routines; user controlled fail-safe commands; 

automated post-flight checks; and Trimble Access integration. 

2.4 Ghz (FHSS) with range of 2 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 

See APPENDIX D: ZX5 Operations Material. 

BASIS FOR PETITION 

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 of the Petitioner and point of contact is: 

Brian Venn 

Elevated Engineering, LLC 

1 095 Saberton A venue 

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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 of THE 

AIRCRAFT discussed above, an exemption from Part 21 subpart H would satisfy the 

requirements of Section 333. 

14 C.F.R. §45.23(b): Display of Marks; 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 high the words "limited," "restricted," "light-sport," "experimental," or "provisional" 

as applicable. Furthermore, the aforementioned verbiage must be placed on the aircraft near 

the entrance to the cabin, cockpit, or pilot station. As THE AIRCRAFT do not have a cabin, 

cockpit, or pilot station, nor do they have an airworthiness certificate, the Petitioner requests 

an exemption from this section. Should it be required, the Petitioner will display the word 

"experimental" on the fuselage of THE 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 of an aircraft that is carrying passengers or property for compensation or 

hire; nor may that person, for compensation or hire, act as a pilot in command of an aircraft." 

14 C.F.R. §61.113(b) states that "A private pilot may, for compensation or hire, act as a pilot 

in command of an aircraft in connection with any business or employment" if the flight is 

"only incidental to that business or employment" or "the aircraft does not carry passengers 

or property for hire." Current FAA proposals have omitted this as a future requirement for 

operation ofUAS; therefore, the Petitioner requests 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 

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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 of the manufacturer's maintenance manual and a 

series of pre-flight checks by the operator. 

14 C.F.R. §91.9(b)(2): Civil Aircraft 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 of THE 

AIRCRAFT, the Petitioner requests an exemption from this regulation. While the Petitioner 

cannot comply with the exacting language of the regulation, the same spirit of safety will be 

accomplished by keeping 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 concerning the 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 of the 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 of any potential 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 being used for flight instruction unless that aircraft has fully functioning dual 

controls." Control of THE AIRCRAFT is accomplished through computer programming and 

a tablet at the GCP that communicates with the 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 a result, 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 

surface in areas deemed "other than congested areas." Moreover, an aircraft may not 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 AIRCRAFT be required 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 

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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 

of this 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 of the 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 of a 

barometric altimeter, the operator will maintain a maximum altitude of 400 feet AGL through 

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 that no person may begin a flight in VFR conditions unless there is 

enough fuel in the airplane to fly to the first point of intended 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, 

but not limited to, mission size, relevant weather, and battery charge 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 

certificate must be displayed at the cabin or cockpit entrance so that it is legible to passengers 

or crew. The Petitioner requests exemption from this regulation. In lieu of the on-board 

requirement, the appropriate docum.entation will be kept at the GCP with the operator, where 

it can be promptly presented 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 in paragraph (c) of this section, have discrepancies repaired as prescribed 

in part 43 of this chapter. .. " The Petitioner requests an exemption from these regulations. 

Keeping with the high level of desired safety, the Petitioner will inspect THE AIRCRAFT 

prior to every flight, in addition to following the manufacturer's recommended preflight 

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c. 

checklist. Should maintenance arise, the Petitioner will maintain a log of the 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 of operation is in the rural wilderness 

of the Rocky Mountain region, specifically Wyoming, Colorado, and the surrounding states. A 

majority of the areas in which the Petitioner operates are sparsely populated and difficult to access 

with normal transportation. This has made the collection of civil 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 its jobs in a safer 

and more efficient manner. This will allow the Petitioner to 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 of some 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, if the Petitioner is permitted to operate 

the UAS for hire to assist emergency rescue personnel, the Petitioner's services would allow those 

crews to search a wider area in a shorter period of time, thus increasing the chances of locating 

individuals in need of emergency assistance. Live streaming through the UAS will also be useful 

in facilitating the early detection of fires in the region, which have become an ever-looming specter 

of destruction in the arid Rocky Mountains. 

The potential beneficial effects that will be available to the public should this Petition be 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 or higher level of safety 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 only report altitude in terms of feet above ground level. 

• The Petitioner will only operate the UA within a visual line of sight of the 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 if specified on the operators 

FAA-issued airman medical certificate or U.S. driver's license. 

• The Petitioner will use a visual observer at all times. Accordingly, the UA will only be 

operated within the VLOS ofboth the 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 of the flight. The VO' s fitness for 

the flight will be evaluated by the 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 Petitioner will petition for an amendment of its granted 

petition. 

• If the Petitioner's UAS undergoes maintenance or alterations that affect the UAS operation 

or flight characteristics, e.g., replacement of a flight critical component, the Petitioner will 

conduct a functional test flight prior to conducting further operations under an FAA granted 

exemption. The aforementioned functional test will be conducted by a 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 or property. 

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

ongoing basis. 

• Prior to each flight, the Petitioner will conduct a pre-flight inspection, in addition to 

allowing the UAS to conduct its own automatic pre-flight inspection. During the pre-flight 

inspection, the Petitioner will determine what potential discrepancies, if any, exist, e.g., 

inoperable components, items, or equipment. If the inspection reveals a condition that 

affects the safe operation of the UAS, the Petitioner will not operate the aircraft until the 

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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 U AS operated under the requested exemption will be operated 

according to Trimble safety bulletins. 

The Petitioner understands that if granted an exemption, a PIC must hold either an airline 

transport, commercial, private, recreational, or sport pilot certificate. Moreover, the 

Petitioner understands 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 of Columbia, Puerto Rico, a 

territory, a possession, or the 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 or her 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 of training 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. If granted, 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 

considered nonparticipants, and the PIC will operate the UA with 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 under VMC. Flights under special visual flight rules will not 

be conducted. 

• The Petitioner will not operate UAs within 5 nautical miles of an 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 of agreement with that airport's management is obtained 

or otherwise permitted by a COA issued to the Petitioner. The letter of agreement 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 

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the 1,000 feet above clouds requirement. 

• In the event of a 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 if greater. 

• The Petitioner will conduct all operations in accordance with an A TO-issued COA, if 

applicable. 

• All Trimble aircraft operated in accordance with the Petitioner's proposed exemption will 

be identified by serial number, registered in accordance with 14 CFR Part 47, 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 of the 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. 

• The Petitioner will not operate UAS within 500 feet from nonparticipating persons, vessels, 

vehicles, and structures unless: (1) barriers or structures are present that sufficiently protect 

nonparticipating persons from the UA and/or debris in the event of an incident or accident. 

The Petitioner will ensure that nonparticipating persons remain under such protection 

during flight operations. If a situation arises where nonparticipating persons leave such 

protection and are within 500 feet of the UA, the Petitioner will cease flight operations 

immediately and in a manner ensuring the safety of nonparticipating persons; and (2) the 

owner/controller of any vessels, vehicles or structures has granted permission for 

operations to occur closer to those objects and the PIC has made a safety assessment of the 

risk of operating closer to those objects and has determined that it does not present an undue 

hazard. The PIC, VO, Petitioner trainees or essential persons are not considered 

nonparticipating persons under the proposed exemption. 

• All operations will be conducted ov~r private or controlled-access property with permission 

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

owner/controller or authorized representative will be obtained by the Petitioner prior to 

conducting each flight. 

Page 14 of17 
• • Any incident, accident, or flight operation that transgresses the lateral or vertical 

boundaries of the 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 OF REQUEST FOR PUBLICATION 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 relief to 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 

of the 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 of its size, weight, speed, operational capability, proximity to 

airports and populated areas, and operation within visual line of sight creates a hazard to users of 

the national airspace system or the public or poses a threat to national security; and 2) and whether 

a certificate of waiver, certificate of authorization, or airworthiness certification under 49 U.S.C. 

§ 44704 is required for the operation of unmanned 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 
• 

• 

• 

through 11.103, the Petitioner submits this Petition for an 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 and populated areas, and operation within visual line of sight, the 

urunatll1ed aircrafts for which Petitioner seeks exemption do not create a hazard to users of the 

NAS or the public~ nor do the aircrafts pose a threat to national security. 

By granting this Petition, the Administrator will be fulfilling the Congressional mandate of 

the FMRA, while advancing· the interest of the public, by allowing Elevated Engineering, LLC to 

safely, efficiently, and economically operate THE AIRCRAFT in 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 14 Chapter 1, Subchapter D Parts 60 thru 67 61.1 to 61.429, and permit 

Elevated Engineering, LLC to operate Trimble UAS commercially for the purposes of conducting 

aerial land surveying, 30 aerial mapping & land scanning, 30 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 of the United States. 

Respectfully submitted, 

Brian 

~~ Velll1 

Elevated Engineering, LLC 

1.095 Saberton A venue 

Sheridan, WY 8280 1 

Phone: (307) 674-0609 

Email: bvenn@609consulting.com 

Page 16 ofl7 
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APPENDICES· 

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Appendices to follow on next page 

Page 17 of17 
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Exemption No. 11110 

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

WASHINGTON, DC 20591 

In the matter of the 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 Docket No. FAA-2014-0367 

GRANT OF EXEMPTION 

By letter dated May 30, 2014, Mr. Jonathan B. Hill and Ms. Anne Swanson, of Cooley 

LLP, Counsel for Trimble Navigation Ltd., 1299 Pennsylvania Avenue, NW, Suite 700, 

Washington, DC 20004 petitioned the Federal Aviation Administration (FAA) on behalf of 

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 of unmanned aircraft 

systems (UAS) for the purpose of precision aerial surveys. 

The petitioner requests relief from 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, in pertinent part, that when marks include only the Roman 

capital letter "N" and the registration number is displayed on limited, restricted or lightsport category aircraft or experimental or provisionally certificated aircraft, the operator 

must also display on that aircraft near each entrance to the cabin, cockpit, or pilot 

AFS-14-307-E 
• 

• 

• 

2 

station, in letters not less than 2 inches nor more than 6 inches high, the words 

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

Section 61.113(a) and (b) prescribe that-

(a) no person who holds a private pilot certificate may act as a pilot in command of an 

aircraft that is carrying passengers or property for compensation or hire; nor may that 

person, for compensation or hire, act as pilot in command of an aircraft. 

(b) a private pilot may, for compensation or hire, act as pilot in command of an aircraft 

in connection with any business or employment if: 

(1) The flight is only incidental to that business or employment; and 

(2) The aircraft does not carry passengers or property for compensation or hire. 

Section 61.133(a) prescribes, in pertinent part, that a person who holds a commercial 

pilot certificate may act as pilot in command of an aircraft: (i) Carrying persons or 

property for compensation or hire, provided the person is qualified in accordance with 

this part and with the applicable parts of this chapter that apply to the operation; and (ii) 

For compensation or hire, provided the person is qualified in accordance with this part 

and with the applicable parts of this chapter that apply to the operation. 

Section 91. 7(a) prescribes that no person may operate a civil aircraft unless it is in an 

airworthy condition. Section 91. 7(b) prescribes that the pilot in command of a civil 

aircraft is responsible for determining whether that aircraft is in condition for safe 

flight. The pilot in command shall discontinue the flight when unairworthy mechanical, 

electrical, or structural conditions occur. 

Section 91.9(b)(2) prohibits operation ofU.S.-registered civil aircraft unless there is 

available in the aircraft a current approved Airplane or Rotorcraft Flight Manual, 

approved manual material, markings, and placards, or any combination thereof. 

Section 91.109(a) prescribes, in pertinent part, that no person may operate a civil 

aircraft (except a manned free balloon) that is being used for flight instruction unless 

that aircraft has fully functioning dual controls. 

Section 91.119 prescribes that, except when necessary for takeoff or landing, no person 

may operate an aircraft below the following altitudes: 

(a) Anywhere. An altitude allowing, if a power unit fails, an emergency landing 

without undue hazard to persons or property on the surface . 
• 

• 

3 

(b) Over congested areas. Over any congested area of a city, town, or settlement, or 

over any open air assembly of persons, an altitude of 1,000 feet above the highest 

obstacle within a horizontal radius of 2,000 feet of the aircraft. 

(c) Over other than congested areas. An altitude of 500 feet above the surface, except 

over open water or sparsely populated areas. In those cases, the aircraft may not be 

operated closer than 500 feet to any person, vessel, vehicle, or structure. 

(d) Helicopters, powered parachutes, and weight-shift-control aircraft. If the 

operation is conducted without hazard to persons or property on the surface-

(1) A helicopter may be operated at less than the minimums prescribed in 

paragraph (b) or (c) of this section, provided each person operating the 

helicopter complies with any routes or altitudes specifically prescribed for 

helicopters by the FAA; and 

(2) A powered parachute or weight-shift-control aircraft may be operated at less 

than the minimums prescribed in paragraph (c) of this section. 

Section 91.151 (a) prescribes that no person may begin 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 of intended landing and, 

assuming normal cruising speed, (1) during the day, to fly after that for at least 30 

minutes [emphasis added]. 

Section 91.203(a) prescribes, in pertinent part, 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 of the Aircraft registration Application as provided for 

in§ 47.31(c). 

Section 91.203(b) prescribes, in pertinent part, that no person may operate a civil 

aircraft unless the airworthiness certificate or a special flight authorization issued under 

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

or crew. 

Section 91.319( a)( 1 ), Aircraft having experimental certificates: Operating limitations, 

prescribes in pertinent part that no person may operate an aircraft that has an 

experimental certificate for other than the purpose for which the certificate was issued . 
• 

• 

• 

4 

Section 91.405(a) requires, in pertinent part, that an aircraft operator or owner shall 

have that aircraft inspected as prescribed in subpart E of the same part and shall, 

between required inspections, except as provided in paragraph (c) of the same section, 

have discrepancies repaired as prescribed in part 43 of the chapter. 

Section 91.407 (a)( 1) prohibits, in pertinent part, 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 authorized under§ 43.7 of 

the same chapter. 

Section 91.409(a)(2) prescribes that no person may operate any aircraft unless, within 

the preceding 12 calendar months, it has had an inspection for the issuance of an 

airworthiness certificate in accordance with part 21 of this chapter. 

Section 91.417(a) prescribes, in pertinent part, that-

(a) Each registered owner or operator shall keep the following records for the 

periods specified in paragraph (b) of this section: 

(1) Records of the maintenance, preventive maintenance, and alteration and 

records of the 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 of an aircraft. The records must 

include-

(i) A description (or reference to data acceptable to the Administrator) of the 

work performed; and 

(ii) The date of completion of the work performed; and 

(iii) The signature, and certificate number of the person approving the 

aircraft for return to service. 

(2) Records containing the following information: 

(i) The total time in service of the airframe, each engine, each propeller, 

and each rotor. 

(ii) The current status of life-limited parts of each airframe, engine, propeller, 

rotor, and appliance . 
5 

(iii) The time since last overhaul of all items installed on the aircraft which 

are required to be overhauled ,on a specified time basis. 

(iv) The current inspection status of the aircraft, including the time since the 

last inspection required by the inspection program under which the aircraft 

and its appliances are maintained. 

(v) The current status of applicable airworthiness directives (AD) and safety 

directives including, for each, the method of compliance, the AD or safety 

directive number and revision date. If the AD or safety directive involves 

recurring action, the time and date when the next action is required. 

(vi) Copies of the forms prescribed by§ 43.9(d) of this chapter for each major 

alteration to the airframe and currently instalied engines, rotors, propellers, and 

appliances. · · · 

The petitioner supports its request with the following information: ' . ' . ' 

The petitioner has 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 of its 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 of the United Kingdom (CAA), which grants Gatewing NV, a ·wholly-owned 

subsidiary of Trimble 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) 

Trimble Navigation Liinited developed and proposes to operate the UX5 UAS. The petitioner 

states that given the size, weight, speed, arid li.mited operating area associated with the aircraft 

to be utilized by the applicant, an exemption from 14 CFR part 21, Subpart H (Airworthiness 

Certificates), subject to certain conditions and limitations, is warranted and meets the 

requirements for an equivalent level of safety under 14 CFR part 11. and Section 333 of P.L. 

112-95 (Section 333). The petitioner further states that UAS operated without an 

airworthiness certificate in the limited environment and under the conditions and limitations 

proposed by the petitioner will be at' least as safe, or safer, than a conventional aircraft (fixed 
• 

• 

• 

6 

wing or rotor craft) operating with an airworthiness certificate issued under 14 CPR part 21, 

Subpart H and not subject to the proposed conditions and limitations. 

The petitioner states that the unmanned aircraft (UA) to be operated under this request is a 

fixed-wing aircraft, weighs less than 6 pounds fully loaded, flies at a maximum speed of no 

more than 74.5 knots indicated airspeed (KIAS), and a cruise speed of 49 KIAS, carries 

neither a pilot nor passenger, carries no flammable fuels, and operates exclusively within a 

pre-disclosed area. Operations under this exemption will be tightly controlled and monitored 

by both the operator and local public safety requirements. 

In addition, the UX5 has a semi-autonomous navigation and control system comprised of a 

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

precise global positioning system (GPS) guidance and do not require human intervention. The 

flight mission area and routing cannot be changed after launch. Flights are not directed by 

positive manual control by the operator, nor are evasive maneuvers. In the case of unplanned 

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 of holding at present position; suspension of mission; fly back to launch point; 

fly to point and hold; abort mission and land; and emergency power cut off and land. 

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

a. Auto-pilot detection oflost GPS or of insufficient satellites initiates an immediate 

spiral landing; 

b. Low power on the aircraft triggers escalating alarms at GCS at 35% and 10% levels; 

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

procedure begins; 

d. The UX5 is inherently unstable; auto-pilot failure will result in a rapid exit from flight; 

e. The UX5 has an on-board fail safe that limits speed of a dive to no more than 14 m/s; 

f. The UX5 weighs less than 6 pounds and is constructed of EPP 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 display of appropriate aircraft markings (14 CPR 45.23), the petitioner states 

that the UX5 has no entrance to the cabin, cockpit, or pilot station on which the word 

"experimental" can be placed. Further, given the size of the UA, two-inch lettering would be 

impossible. The petitioner states that an equivalent level of safety will be achieved by having 

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 of the UAS as "experimental." 

The petitioner states that maintenance of the UX5 will be accomplished by the owner/operator 

in accordance with the UX5 Maintenance & Inspection ManuaL The UAS is small in size, 

carries no external payload, and is not a complex mechanical aeronautical device. The 
• 

• 

• 

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 that the 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 component parts, 

including instructions for the performance of inspections, 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 of testing. 

UAS Pilot In Command (PIC) 

The petitioner asserts that operators of the UX5 should not be required to hold a commercial 

or private 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 of others on board. The petitioner proposes that operator requirements should take 

into account the characteristics of the particular UAS. The petitioner states that the UX5 has a 

high degree of pre-programmed control and various built-in technical capabilities that strictly 

limit the potential for operation outside of the operating conditions set forth in its petition for 

exemption. 

The petitioner states that given the UX5 safety features, it proposes that the operators of the 

UX5 should be required to ( 1) have successfully completed FAA private pilot ground 

instruction and passed the FAA Private Pilot written examination or FAA-recognized 

equivalents; and (2) have successfully completed the manufacturer's training program for 

operation of the UAS which has been approved by the FAA through its Special Airworthiness 

Certificate process. 

The petitioner notes that the FAA has found that safety factors permitted operation of UASs 

by operators with these qualifications in the case of operations pursuant to public CO As when 

the mandatory operating conditions specified above were present. The petitioner argues that 

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

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

certificate. 

Trimble also states that the FAA has the statutory authority to grant exemptions to the 

requirements for, and privileges associated with, the grant of airmen'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 of Sight (VLOS) ofthe pilot 

or observer which guarantees a cylinder of operations around the operator of no greater than Yz 

nautical miles. The petitioner further states that the cylinder walls may be expanded by an 

observer with the ability to control aircraft. The petitioner notes that the UX5 will be restricted 

to an altitude of 400 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 FAA will have 

advance notice of all operations through the filing ofnotices-to-airmen (NUTAMs). The 

petitioner asserts that all operations will avoid congested or populated areas, which are 

depicted in yellow on VFR sectional charts. The petitioner further asserts all operations will 

be conducted over private or controlled access property. The petitioner notes that it will 

obtain permission from land owner/controller prior to the beginning of every flight. All 

operations will occur under Visual Flight Rules Meteorological Conditions (VMC) only. The 

petitioner asserts that the size of the aircraft, the lack of flammable fuel, and the fact that the 

aircraft is carried to the location and not flown there all establish the equivalent level of 

safety. The petitioner states that the UX5 construction with energy absorbent material 

provides at least an equivalent level of safety compared to operations being conducted with 

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

passengers, cargo, and flammable fuel. 

With respect to the fuel requirements, the petitioner notes 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. The petitioner states that limiting UX5 flights to 20 minutes would 

greatly reduce their utility. The petitioner argues that, given the limitations on the UA's 

proposed operations and the location of those proposed operations, a longer time frame for 

flight in daylight VFR conditions is reasonable. The petitioner believes that an equivalent 

level of safety can be achieved by maintaining 10 minutes of reserve fuel, which, allowing 40 

minutes of flight time, would be more adequate to return the UAS to its planned landing zone 

from anywhere in its operating area. 

Public Interest: 

The petitioner states that approval of the exemption allowing commercial operations ofthe 

UX5 for precision survey work will enhance safety by reducing risk and providing 

environmental benefits and thus is in the public interest. Conventional aerial survey 

operations, using jet or piston-powered aircraft present risks associated with aircraft that 

weigh in the neighborhood of 5,000 to 7,000 pounds or more, carry large quantities of fuel, 

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 powered by batteries eliminating a portion 

of that risk given the reduced mass and lack of combustible fuel carried on board. 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 of Public Comments: 

A summary of the petition was published in the Federal Register on June 30, 2014 (79 FR 

36859). The petition received ten comments. 

Of the ten comments received, including four from associations, six comments supported the 

exemption request, and four opposed it. The petition received comments on the 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 of Unmanned 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 of the UX5 

and the increased safety using the UX5 for the proposed operations relative to the same 

operations conducted by manned aircraft. Comments also cited the safety benefits relative to 

the petitioner's intent to 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's proposed 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. ALP A also noted 

that this is the requirement for compensation or hire operations in the national airspace system 

(NAS) today. NAAA also commented on pilot qualification. NAAA stated that the part 61 

regulations currently in effect do not address the licensing of pilots of an UA used for 

commercial purposes and believes it is necessary for the FAA to evaluate pilots of these 

aircraft on their knowledge and skills in unmanned 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 

of manned aircraft flight. NAAA further stated that requirements for UAS pilot licensing 

should be developed along with other rigorous rules and qualifications to ensure safe 

integration of the UA into the NAS. An anonymous commenter stated that the ability to sense 

and avoid other aircraft is key to the safe operation ofUAS in the NAS and acknowledged the 

widely approved practice of using a ground-based visual observer (VO) to provide an 

equivalent level of safety. 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 other basic 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 if an unplanned 

event occurs, the operator inputs pre-programmed evasive maneuvers into the control unit and 

asserted that the pilot/operator of the UX5 may become less vigilant and complacent since he 

or she has no piloting duties to perform during normal flight operations. 

The FAA has carefully reviewed the concerns expressed in these comments and the discussion 

regarding knowledge, training, and medical certification required by holders of both private 

and commercial pilot certificates. Additional details are available in the ensuing analysis of 

this issue with regard to 14 CFR part 61. 

ALPA commented that Communication and Command (C2) (typically referred to as 

command and control) link failures are one of the most common failures on UAS 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 boundary protection, incorporated into the 

navigation and control systems for a UA to safely land or re-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 or natural) should be developed to ensure safe operations. Also, an individual 

commenter stated that a System Safety Assessment for the specific failure modes that can 

result in lost link or failure to recover within a safe area would be needed. 

The FAA agrees and carefully examined 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 by Trimble has sufficient design 

features to address these hazards. Further detail is contained in the analysis of the UAS below. 

NAAA requested that operators ofUAS develop ways of making the presence ofUAS known 

to VFR air traffic if they 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 of this 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 can be read from a 

suitable distance to aid in identification when enforcement of flight regulations is required. 

The FAA partially agrees with NAAA. The UA operated under this exemption will be marked 

in accordance with 14 CFR part 45 or as otherwise authorized by the FAA. Further detail is 

contained in the analysis ofthe UAS below. 

NAAA stated that it represents the interests of small 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 of these operators. NAAA 

stated that seeing and avoiding other aircraft and hazardous obstructions is the backbone for 

agricultural safety, and agricultural pilots depend on pilots of other aircraft to perform their 

see and avoid functions needed to prevent collisions. NAAA believed that UA operations at 

low altitudes will increase the potential of collision hazards with agricultural aircraft . 

Related to the operation ofthe UA within VLOS of the pilot and/or observer, NAAA believed 

that the U A should remain within line of sight of the pilot/ operator so that a person can take 

immediate evasive action if a 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 of the ability to do this onboard, and in a 

widely approved practice, a ground-based VO is used to provide an equivalent level of safety. 

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 of an onboard pilot, a means to meet this statutory requirement is 

necessary. The FAA notes these concerns; additional detail is provided in the analysis of the 

UAS below. 

Regarding the ability to carry out maneuvers to avoid other aircraft, an anonymous commenter 

stated that the UX5 does not give the operator the 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 of holding at 

present position; suspension of mission; fly back to launch point; fly to point and hold; abort 
• 

• 

• 

12 

mission and land; and emergency power cut off and land (Flight Termination System)." The 

commenter stated that Trimble's case for safety is in part based on the assumption that an 

aircraft flying under 400 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 of flying (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 very little 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 operator has a full range of options 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 of the PIC and the VO, and c) the UX5 PIC must always yield rightof-way to manned aircraft 

The petition received 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 of all of runway 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. ALP A further 

asserted that since the petitioner proposes no separation capabilities to mitigate the risk of 

collision, the proposed operation increases the likelihood of unanticipated safety impacts to an 

already burdened NAS. 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 of other aircraft intruding on 

the operation is mitigated. 

The FAA has addressed these concerns by adding operating conditions and limitations 

regarding operations in the proximity of airports (the UA may not operate within 5 nautical 

miles of the geographic center of an airport as denoted on current FAA -published aeronautical 

charts unless a letter of agreement 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 of the UAS operating parameters below. 

The FAA believes the limitations under which the petitioner will operate (i.e. VLOS and at or 

below 400 feet AGL) and the UAS emergency procedures 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 in the analysis of the UAS below . 
• 

• 

• 

13 

The FAA's analysis is as follows: 

Unmanned Aircraft System (UAS) 

The petitioner requested relief from 14 CFR part 21. In accordance with the statutory criteria 

provided in Section 333 ofP.L. 112-95 in reference to 49 USC§ 44704, and in consideration 

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

operation, the Secretary of Transportation has determined that this aircraft meets the 

conditions of Section 333. Because the Secretary of Transportation has determined that no 

airworthiness is required the requested relief from 14 CFR part 21, and any associated noise 

certification and testing, is not necessary. 

The FAA has issued an experimental airworthiness certificate for the UX5 under 14 

CFR 21.191 following the process in FAA Order 8130.34C for the purposes of research and 

development, crew training, and market survey. The UX5 aircraft and its operation was 

subject to a comprehensive safety risk assessment by the FAA, as part of that process, and it 

was determined that the UAS could be operated safely subject to certain operating limitations 

to ensure the safety of persons, property, and other aircraft in the NAS. Those operating 

limitations prescribed as part of the 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 can weigh 5,000 to 7,000 lbs. or more 

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 or damage to property in the event of an 

incident or accident. The risk to an onboard pilot and crew during an incident or accident is 

eliminated with the use of a UAS for the aerial surveying operation. 

Manned aircraft are at risk of fuel spillage and fire in the event of an incident or accident. The 

UX5 carries no fuel and therefore the risk of fire following an incident or accident due to fuel 

spillage is eliminated. 

The petitioner's UAS has the capability to operate safely after experiencing certain in-flight 

contingencies or failures and uses an auto-pilot system to maintain UAS stability and control. 

The U AS is also able to respond to a loss of GPS 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 relief from 14 CFR 45.23(b) Display of marks, the 

petitioner requests this relief under the assumption that marking with the word "experimental" 

will be required as a condition of a grant of exemption. 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 relief from 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 relief from§ 91.409(a)(l) is also necessary because 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. The FAA notes 

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 by the 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 of the UAS 

Regarding the petitioner's requested relief from 14 CFR 61.113(a) and (b) Private pilot 

privileges and limitations and 14 CFR 61.133(a) Commercial pilot privileges and limitations, 

Trimble requested regulatory relief to operate its UAS without an FAA-certificated pilot. In 

support of its request, Trimble states that "the FAA has the statutory authority to grant 

exemptions to the requirements for and privileges associated with the grant of airmen's 

certificates."1 Although Section 333 provides limited statutory flexibility relative to 

49 USC § 44704 for the purposes of airworthiness certification, it does not provide flexibility 

relative to other sections ofTitle 49. The FAA does not possess the authority to exempt from 

the statutory requirement to hold an airman certificate as prescribed in 49 USC § 44 711.2 

1 Trimble references 49 USC§ 44701(t) in support of this statement which states that "[the] Administrator may 

grant an exemption from a requirement of a regulation prescribed under subsection (a) or (b) of this section or 

any of sections 44702-44716 of this title if the 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 .... ". 
• 

• 

• 

15 

Unlike operations pursuant to public CO As, the FAA is requiring a pilot certificate for UAS 

operations for two reasons, the first of which is to satisfy the statutory requirements as stated 

above. The second is because pilots holding a private pilot certificate are subject to the 

security screening by the Department of Homeland Security that certificated airmen undergo. 

As previously determined by the Secretary, the requirement to have an airman certificate 

ameliorates security concerns over civil UAS operations conducted in accordance with 

Section 333. 

Given these grounds, the FAA must determine the appropriate level of pilot certification for 

Trimble's proposed operation. 

Under current regulations, civil operations for compensation or hire require a PIC holding a 

commercial pilot certificate per 14 CFR part 61. Based on the private pilot limitations in 

accordance with pertinent parts of 14 CFR 61.113(a) and (b), a pilot holding a private pilot 

certificate cannot act as a PIC of an aircraft for compensation or hire unless the flight is only 

incidental to a business or employment. However, in Grant ofExemption No. 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 or present a hazard to persons or property 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. ALP A believes that the operation should be 

conducted by a PIC holding 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. NAAA stated that "the operator should hold a pilot certificate and be 

thoroughly familiar with the limitations of manned 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 of Exemption No. 11062. Trimble 

plans to operate in uncontrolled airspace- Class G airspace- over private property with 

controlled access. Given: 1) the similar nature of Trimble's proposed operating environment 

to that of Astraeus, 2) the parallel nature of private pilot aeronautical knowledge requirements 

to those of commercial requirements as discussed in Exemption No. 11062, and 3) the limited 

airmanship skills necessary to operate the UX5, the FAA finds that the additional manned 

airmanship experience of a commercially certificated 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 airman medical certificate, and who 

has completed Trimble's UX5 training program, can conduct the proposed UX5 operations 

without adversely affecting the safety of the NAS. Upon consideration of the overall safety 

case presented by the petitioner and the concerns of the commenters, the FAA finds that 

granting the requested relief from 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 comment regarding the appropriate level of medical 

certification for the VO, asserting that the VO's responsibilities necessitate a third-class 

airman medical certificate. In Grant of Exemption No. 11062, the FAA agreed with the 

petitioner's proposed use of aVO and required aVO to be used in.all UAS operations; 

however, the FAA considers the 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 of a private pilot certificate. There are no regulatory 

requirements for visual observer medical certificates. Although a medical certificate is not 

required for aVO, the UA must never, be operated beyond the actual visual capabilities of the 

VO, and the VO and PIC must have the ability to maintain VLOS with the UA at all times. It 

is the responsibility of the PIC to be awru;e "of the VO's visual limitations and limit operations 

of the UA to distances within the visual capabilities of both the PIC and VO. Moreover, the 

VO will not be operating the aircraft. Therefore, as in Grant of Exemption No. 11062, the 

FAA does not consider a medical certificate necessary for the VO. 

. . Related to VO duties, Trimble's petition 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 expanded by observer with ability to control 

aircraft." [Emphasis added.] The petitioner does not describe how control of the UA could be 

safely passed to the VO to facilitate expansion of the "cylinder walls." Nevertheless, the FAA 

considers the PIC to be designated for the duration of the flight. Therefore, per the conditions 

and limitations below, the PIC must be designated before the flight and cannot transfer his or 

her designation for the duration of the flight. 

Operating parameters of the UAS 

Regarding the petitioner's requested relief from 14 CFR 91.7(a) Civil aircraft airworthiness, 

Trimble's request is based on its belief that "no standard will exist for airworthiness of the 

UX5." It claims "an equivalent level of safety 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 CFR part 21, Subpart H, the FAA considers the petitioner's 

compliance with its manuals, UX5 User Guide, UX5 Maintenance and Inspection Manual, 

and Training Manual, and the Safety Checklist (hereinafter collectively referred to as the 

operator's manual) to be sufficient means for determining an ai~orthy condition. Therefore, 

relief from§ 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. 
• 

• 

• 

17 

Additionally, in accordance with 14 CFR 91.7(b), the PIC ofthe UAS is responsible for 

determining whether the aircraft is in a condition for safe flight. Although the petitioner seeks 

relief from§ 91.7(b), as in grant ofExemption No. 11062 to Astraeus, the FAA finds that the 

PIC is responsible for determining whether the aircraft is in condition for safe flight. 

Therefore, relieffrom § 91.7(b) is not warranted. 

Regarding the petitioner's requested relief from 14 CFR 91.9(b)(2) Civil aircraft flight 

manual, marking, and placard requirements and 14 CFR 91.203( a) and (b) Civil aircraft: 

Certifications required, the FAA has previously determined that relief from these sections is 

not necessary. Relevant materials may be kept in a location accessible to the PIC in 

compliance with the regulations. 

Regarding the petitioner's requested relief from 14 CFR 91.109(a) Flight instruction; 

Simulated instrument flight and certain 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 of controls would be utilized or required, i.e. dual flight 

instruction, provided by a flight instructor or other company-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 of the UX5 possess at least a private pilot's certificate. This 

exemption will require that training operations only be conducted during dedicated training 

sessions. The FAA finds an equivalent level of safety will be achieved by the manufacturer 

providing the training as outlined in the operator's manual. As such, the FAA finds that the 

petitioner can conduct its operations without the requested relief from§ 91.109. With regard 

to§ 91.319(a)(1), aircraft operating under this grant of exemption will not possess an 

experimental airworthiness certificate. Therefore, relief from§ 91.319(a)(l) is not required. 

Regarding the petitioner's requested relief from 14 CFR 91.119 Minimum safe altitudes, the 

petitioner specifies that relief from§ 91.119(c) is necessary because "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 person may operate an aircraft below the following altitudes; 

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

water or sparsely populated areas. In those cases, the aircraft may not be operated closer than 

500 feet to any person, vessel, vehicle, or structure. Trimble states that it will operate pursuant 

to the following, self-imposed, restrictions related to § 91.119: 

• All operations will avoid congested or populated areas, which are depicted in yellow 

on VFR charts. 

• All operations will be conducted over private or controlled access property. 

• Permission from land owner/controller will be obtained prior to the beginning of every 

flight. 

• Operator will file a NOT AM for each flight. 
• 

• 

18 

Relative to Trimble's proposal to "avoid" congested or populated areas, which are depicted in 

"yellow" on VFR charts; the FAA acknowledges that avoidance of these areas is a practicable 

step in assuring that operations are not conducted over congested or densely populated areas. 

However, using these "yellow" areas only, to make this determination, is not sufficient. The 

FAA has stated that there is no precise definition of a "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 not be 

expected to reflect all required local information. Pilots may obtain such information in a 

briefmg from the local Flight Standards District Office (FSDO). This information along with 

the pilot's prior knowledge of the area and information the 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 on World Aeronautical Charts (WAC), 

Sectional Aeronautical Charts (Sectionals), or Terminal Area Charts (TAC) are prohibited as 

proposed by Trimble. In addition, operations over congested or densely 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 UA may be 

operated at distances less than 500 feet from unoccupied vessels, vehicles or structures owned 

by the land owner/controller when the land owner/controller grants such permission and the 

PIC makes a safety assessment of the risk of operating closer to those objects. With regard to 

operations near persons, operations closer than 500 feet from the UAS PIC or VO are 

permitted when operationally necessary. However at no time can operations be conducted so 

close to present an undue hazard to the PIC or VO, per§ 91.119 (a). 

The FAA finds that relief from § 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. 

Relief from§ 91.119(a) is unwarranted as the FAA expects the petitioner to be able to 

perform an emergency landing without undue hazard to persons or property on the surface. 

Relief from§§ 91.119(b) and 91.119(d) are not applicable. 

Regarding the petitioner's requested relief from § 91.151 (a) Fuel requirements for flight in 

VFR conditions, prior relief has 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 relief has been granted in Exemption Nos. 8811, 10808, and 10673 for daytime, 

VFR conditions. The UAS provides battery power remaining in percent and battery time 

remaining in minutes and seconds to the PIC. The UXS batteries provide approximately 50 
• 

• 

• 

19 

minutes of powered flight. The FAA agrees with Trimble's proposal to limit UX5 flights to 

not more than 40 minutes, maintaining 10 minutes of reserve power which is adequate to 

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

that the UX5 should run out of power, it would simply land within the access controlled 

operating area. Given the limitations on its proposed operations and the location of those 

proposed operations, a reduced minimum power reserve for flight in daylight VFR conditions 

is reasonable. These factors provide the FAA with sufficient reason to grant the relief from 14 

CFR 91.151 (a) as requested 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 power to fly to the first point of intended landing and, assuming 

normal cruising speed, to fly after that for at least 1 0 minutes. 

Regarding basic VFR weather minimums, Trimble proposes to operate exclusively within 

Class G airspace, which normally requires that no person operate an aircraft when the flight 

visibility is less than one statute mile and operations must remain clear of clouds (14 CFR 

91.155). The FAA is requiring, through the conditions and limitations below, that the UA 

may not be operated less than 500 feet below or less than 2,000 feet horizontally from a cloud 

or when visibility is less than 3 statute miles from the PIC. 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 a preplanned position, are sufficient mitigations to ensure the safety of the NAS is not 

adversely affected. 

Additionally, in evaluating the petitioner's proposed operating parameters with regard to 

VLOS and a safe operating perimeter, the FAA considered operations from a moving device 

or vehicle. Since the petitioner did not discuss provisions for these circumstances, the 

conditions and limitations below preclude operations from moving devices or vehicles. 

Regarding an Air Traffic Organization (ATO) issued Certificate of Waiver or Authorization 

(COA), the majority of current UAS operations occurring in the NAS are being coordinated 

through Air Traffic Control (ATC) by the issuance of a COA. This is an existing process that 

not only makes local ATC facilities aware of UAS operations, but also provides ATC the 

ability to consider airspace issues that are unique to UAS operations. The COA will require 

the operator to request a NOT AM, which is the mechanism for alerting other users of the NAS 

to the UAS activities being conducted. Therefore, the FAA believes that adherence to this 

process is the safest and most expeditious way to permit Trimble to conduct its proposed UAS 

operations. The conditions and limitations below prescribe the requirement for Trimble to 

obtain an A TO-issued COA. 
• 

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20 

Public futerest 

The FAA finds that a grant of exemption is in the public interest. The enhanced safety 

achieved using a UA with the specifications described by the petitioner and carrying no 

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

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

enabled by this exemption is in the public interest. The FAA also finds that UAS provide an 

additional tool for the agricultural, mining, and professional surveying industries, adding a 

greater degree of flexibility, which supplements the current capabilities offered by manned 

aircraft. 

The table below summarizes the FAA's determinations regarding the relief sought by the 

petitioner: 

Relief soueht bv oetitioner (14 CFR) FAA determination (14 CFR) 

Part 21 Relief not necessary 

45.23(b) Relief not necessary 

61.113(a) and (b) Relief granted with conditions and limitations 

61.133{a) Relief not necessary 

Relief granted from 91.7 {a), with conditions 

91.7{a) and (b) and limitations 

91.7(b), relief not necessary 

91.9(b){2) Relief not necessary 

91.109{a) Relief not necessary 

91.119 Relief granted from paragraph (c) with 

conditions and limitations 

Relief granted 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) Relief not necessary 

91.319{a)(l) Not applicable 

91.405(a) Relief granted with conditions and limitations 

91.407(a)(l) Relief granted with conditions and limitations 

Relief granted with conditions and 

91.409(a)(2) limitations; relief from 91. 409( a )(1) also 

granted with conditions and limitations 

Relief granted with conditions and 

91.417(a) limitations; relief from 91.41 7 (b) also 

granted with conditions and limitations 

The FAA's Decision 

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

Therefore, pursuant to the authority contained in 49 USC 106 (f), 40113, and 44701, delegated 
• 

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21 

to me by the Administrator, Trimble Navigation, 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 of precision aerial surveys that consist of still photographs taken by an 

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

Conditions and Limitations 

Relative to this grant of exemption, Trimble is hereafter referred to as the operator. 

The Trimble UX5 Safety Checklist (Petition Exhibit 1 ), the Training Manual (Petition Exhibit 

2), the UX5 Maintenance and Inspection Manual (Petition Exhibit 3), and the UX5 User 

Guide (Petition Exhibit 4), are hereafter collectively referred to as the operator's manual. 

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

grounds for the immediate suspension or rescission of this exemption. 

1) Operations authorized by this grant of exemption are limited to the following aircraft 

described in the operator's manual which is a fixed-wing aircraft weighing less than 6 

pounds: Trimble Navigation Limited UX5 UAS. Proposed operations of any other 

aircraft will require a new petition or a petition to amend this grant. 

2) The UA may not be flown at an indicated airspeed exceeding 74.5 knots. 

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

(AGL), as indicated by the procedures specified in the operator's manual. All altitudes 

reported to A TC must be in feet AGL. 

4) The UA must be operated within visual line of sight (VLOS) of the PIC at all times. 

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

corrective lenses, as specified on the PIC's FAA -issued airman medical certificate. 

5) All operations must utilize a visual observer (VO). The VO may be used to satisfY the 

VLOS requirement as long as the PIC always maintains VLOS capability. The VO and 

PIC must be able to communicate verbally at all times. The PIC must be designated 

before the flight and cannot transfer his or her designation for the duration of the 

flight. The PIC must ensure that the VO can perform the functions prescribed in the 

operator's manual. 

6) Provided the additional requirements identified in these conditions and limitations are 

added or amended, the operator's manual is considered acceptable to the FAA. The 
• 

• 

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22 

operator's manual and this grant of exemption must be maintained and made available 

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

limitations in this exemption and the procedures outlined in the operator's manual, the 

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

the operator must follow the procedures as outlined in its operator's manual. 

The operator may update or revise its operator's manual. It is the operator's 

responsibility to track such revisions and present updated and revised documents to the 

Administrator upon request. The operator must also present updated and revised 

documents if it petitions for an extension or amendment of this exemption. If the 

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

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

exemption. The FAA's UAS Integration Office (AFS-80) may be contacted if 

questions arise regarding updates or revisions 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. If the inspection reveals a condition that affects the safe operation of the UAS, 

the aircraft is prohibited from operating until the necessary maintenance has been 

performed and the UAS is found to be in a condition for safe flight. The Ground 

Control Station must be included in the preflight inspection. All maintenance and 

alterations must be properly documented in the aircraft records . 

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

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

functional test flight in accordance with the operator's manual. The PIC who conducts 

the functional test flight must make an entry in the UAS aircraft records of the flight. 

The requirements and procedures for a functional test flight and aircraft record entry 

must be added to the operator's manual. 

9) The preflight inspection section in the operator's manual must be 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 of the operator's manual. 

10) The operator must follow the manufacturer's UAS aircraft/component, maintenance, 

overhaul, replacement, inspection, and life limit requirements, with particular 

attention to flight critical components that may not be addressed in the manufacturer's 

manuals. 

11) Trimble must carry out its maintenance, 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 of work 
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accomplished, and the signature of the authorized UX5 technician returning the UX5 

to service. 

12) UX5 technicians must receive and document training referenced in the operator's 

manual. 

13) Each UAS operated under this exemption must comply with all manufacturer System 

and Safety Bulletins. 

14) Trimble UX5 maintenance personnel must make a record entry in the UAS logbook 

or equivalent document of the 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 on his or her pilot certificate. 

16)Prior to 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 

be updated to reflect the specific five day Training Syllabus presented by Trimble. 

The Training Manual specifies the minimum flight and skill requirements for the 

Remote Pilot, Instructor Pilot and Examiner. Those Manuals and records of those 

requirements must be documented and made available upon request by the 

Administrator. Those minimum flight requirements are repeated here as conditions 

and limitations: 

Remote pilot [PIC] 

• Minimum 2 flights on the UX5 as a remote pilot during the Type 

Rating module 

• Minimum 2 flights on the UX5 as visual observer during the Type 

Rating module 

• When failed: Minimum 4 flights on the UX5 for the failed part 

Instructor pilot 

• A minimum of25 flights and 4 hours where: 

o The flights occurred on 4 different calendar days. 

o Two long endurance flights that last near the maximum 

permissible endurance (40 min for operations conductedunder 

this exemption) or have a minimum duration of 45 min for 
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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 of30 kph 

(18.64 mph). If the wind speed cannot be measured, you can 

provide proof from METAR as close as 25km from the weather 

station. 

o One flight with a minimum programmed leg distance of 1 km 

(if possible by CAA regulations, otherwise as long as possible.) 

o 11 flights with a different selected height where: 

o 2 flights are at the minimum height 

o 2 flights are at the maximum allowable height 

Examiner 

• 100 flights and 20 hours (regardless of aircraft type) or as approved 

by a team of examiners . 

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 of exemption to accomplish the 

required flights and flight time. 

17) If the UAS loses communications or loses its GPS signal, the UA must return to a 

pre-determined location within the private or controlled-access property and land or 

be recovered in accordance with the operator's manual. 

18) The PIC must abort the flight in the event of unpredicted 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 enough power to fly to the first point of intended 

landing and, assuming normal cruising speed, to fly after that for at least 1 0 minutes. 

20) The operator must obtain an Air Traffic Organization (ATO) issued Certificate of 

Waiver or Authorization (COA) prior to conducting any operations under this grant of 

exemption. This COA will also require the operator to request a Notice to Airman 

(NOT AM) not more than 72 hours in advance, but not less than 48 hours prior to the 

operation . 
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21) All aircraft operated in accordance with this exemption must be identified by serial 

number, registered in accordance with 14 CFR part 47, and have identification (NNumber) markings in accordance with 14 CFR part 45, Subpart C. Markings must be 

as large as practicable. 

22) Before conducting operations, the radio frequency spectrum used for operation and 

control of the UA must comply with the Federal Communications Commission 

(FCC) or other appropriate government oversight agency requirements. 

23) The documents required under 14 CFR 91.9 and 91.203 must be available to the PIC 

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

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

official upon request. 

24) The UA must remain clear and yield the right of way to 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 may not be operated by the PIC from any moving device or vehicle . 

26) UAS operations may not 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 may not be operated less than 500 feet below or less than 2,000 feet 

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

29) During operations in Class G airspace, the UA may not operate within 5 nautical 

miles of the geographic center of an airport as denoted on a current FAA-published 

aeronautical chart unless a letter of agreement 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 of agreement with the airport management must be 

made available to the Administrator upon request. 

30) The UA may not be operated over congested or densely populated areas. These areas 

include but are not limited to the yellow areas depicted on World Aeronautical Charts 

(WAC), Sectional Aeronautical Charts (Sectionals), or Terminal Area Charts (TAC). 

However, aeronautical charts may not 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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31) Operation of the UA must be conducted at least 500 feet from all nonparticipating 

persons, vessels, vehicles, and structures. 

32)0perations ofthe UA 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 

operationally necessary; but never so close as to present an undue hazard, per 

§ 91.119(a). 

33) Operations of the UA may be conducted at distances less than 500 feet from 

unoccupied vessels, vehicles or structures owned by the land owner/controller when 

the land owner/controller grants such permission and the PIC makes a safety 

assessment of the risk from operations closer to these objects. 

34) All operations shall be conducted over private or controlled-access property with 

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

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

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

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

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

Unless otherwise specified in this grant of exemption, the unmanned aircraft system (UAS), 

pilot in command (PIC), and operator must comply with all applicable parts of 14 CFR 

including, but not limited to, parts 45, 47, 61, and 91. 

This exemption terminates on December 31,2016, unless sooner superseded or rescinded. 

Issued in Washington, DC, on December 10, 2014. 

Is/ 

John S. Duncan 

Director, Flight Standards Service 
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US. Department 

of Transportation 

Federal Aviation 

Administration 

May 7, 2015 

Mr. James A. Kirkland 

Trimble Navigation Limited 

935 Stewart Drive 

Sunnyvale, CA 94085 

Dear Mr. Kirkland: 

Exemption No. llllOA 

800 Independence Ave., S.W. 

Washington. D.C. 20591 

Regulatory Docket No. FAA-2014-0367 

This letter is to inform you that we have granted your petition to amend Exemption No. 

11110. It explains the basis for our decision, describes its effect, and lists the revised 

conditions and limitations . 

By letters dated March 4 and Aprill4, 2015, you petitioned the Federal Aviation 

Administration (FAA) on behalf of Trimble Navigation Limited (hereinafter petitioner or 

operator) for an amendment to Exemption No. 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) of Title 14, Code of Federal Regulations (14 CFR) allows the petitioner to 

conduct precision aerial surveys that consist of still photographs taken by an on board camera. 

You requested 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 or Authorization (COA) requirements), and removing nos. #29 and #30 (operating 

parameters). 

In your petition, you indicate that there has been no change in the conditions and reasons 

relative to public interest and safety that were the basis for granting the original exemption. 

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

in the Federal Register because the requested amendment to the exemption would not set a 

precedent, and any delay in acting on this petition would be detrimental to the petitioner. The 

unmanned aircraft( s) authorized in the original grant is comparable in type, size, weight, 

speed and operating capabilities to those in this petition . 
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Airworthiness Certification 

In accordance with the statutory criteria provided in Section 333 of Public Law 112-95 in 

reference to 49 U.S.C. § 44704, and in consideration of the size, weight, speed, and limited 

operating area associated with the aircraft and its operation, the Secretary of Transportation 

has determined that this aircraft meets the conditions of Section 333. Therefore, the FAA 

finds that relief from 14 CFR part 21, Certification procedures for products and parts, 

Subpart H-Airworthiness Certificates, and any associated noise certification and testing 

requirements of part 36, is not necessary. 

The Basis for Our Decision 

The FAA has updated the conditions and limitations since the petitioner's initial grant of 

exemption to those found in Exemption No. 11213 to Aeryon Labs, Inc. (Docket No. FAA2014-0642). Also in Grants of Exemption Nos. 11062 to Astraeus Aerial (see Docket No. 

FAA-2014-0352), 11109 to Clayco, Inc. (see Docket No. FAA-2014-0507), 11112 to 

VDOS Global, LLC (see Docket No. FAA-2014-0382), the FAA found that the enhanced 

safety achieved using an unmanned aircraft (UA) with the specifications described by the 

petitioner and carrying no passengers or crew, rather than a manned aircraft of significantly 

greater proportions, carrying crew in addition to flammable fuel, gives the FAA good cause to 

find that the UAS operation enabled by this exemption is in the public interest. 

Having reviewed your reasons for requesting an amendment to an exemption, I find that-

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

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

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

11213 also apply to the situation you present; and 

• A grant of an amendment is in the public interest. 

Our Decision 

The FAA has determined that the justification for the issuance of Exemption No. 11110 

remains valid with respect to this exemption and is in the public interest. Therefore, under the 

authority contained in 49 U.S.C. 106(f), 40113, and 44701, delegated to me by the 

Administrator, Trimble Navigation 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 of Exemption No. 11110 have been superseded, 

and are amended as follows. 

In this grant of exemption, Trimble Navigation Limited is hereafter referred to as the operator. 

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

grounds for the immediate suspension or rescission of this exemption. 

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

Trimble UX5 hp when weighing less than 55 pounds including payload. Proposed 

operations of any other aircraft will require a new petition or a petition to amend this 

exemption. 

2. Operations for the purpose of closed-set motion picture and television filming are not 

permitted. 

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

exemption holder may use either groundspeed or calibrated airspeed to determine 

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

airspeeds greater than the maximum UA operating airspeed recommended by the 

aircraft manufacturer. 

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

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

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

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

corrective lenses, as specified on the PIC's FAA-issued airman medical certificate or 

U.S. driver's license. 

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

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

to satisfy the VLOS requirement as long as the PIC always maintains VLOS 

capability. The VO and PIC must be able to communicate verbally at all times; 

electronic messaging or texting is not permitted during flight operations. The PIC 

must be designated before the flight and cannot transfer his or her designation for the 

duration of the flight. The PIC must ensure that the VO can perform the duties 

required of the VO. 

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

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

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

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

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

limitations in this exemption and the procedures outlined in the operating documents, 

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

Otherwise, the operator must follow the procedures as outlined in its operating 

documents. The operator may update or revise its operating documents. It is the 

operator's responsibility to track such revisions and present updated and revised 

documents to the Administrator or any law enforcement official upon request. The 

operator must also present updated and revised documents if it petitions for extension 

or amendment to this grant of exemption. If the operator determines that any update 

or revision would affect the basis upon which the FAA granted this exemption, then 

the operator must petition for an amendment to its grant of exemption. The FAA's 

UAS Integration Office (AFS-80) may be contacted if questions arise regarding 

updates or revisions to the operating documents. 

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

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

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

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

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

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

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

in a condition for safe operation. 

10. Prior to each flight, the PIC must conduct a pre-flight inspection and determine the 

UAS is in a condition for safe flight. The pre-flight inspection must account for all 

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

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

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

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

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

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

aircraft components. 

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

safety bulletins. 

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

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

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

state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal 

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

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

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

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

operated under this exemption, including evasive and emergency maneuvers and 

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

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

14 CFR § 61.5l(b). Flights for the purposes of training the operator's PICs and VOs 

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

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

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

training operations may only be conducted during dedicated training sessions. During 

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

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

with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119. 

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

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

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

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

denoted in the current FAA Airport/Facility Directory (AFD) or for airports not 

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

FAA -published aeronautical chart, unless a letter of agreement with that airport's 

management is obtained or otherwise permitted by a COA issued to the exemption 

holder. The letter of agreement with the airport management must be made available 

to the Administrator or any law enforcement official upon request. 

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

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

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

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

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

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

weather conditions) there is enough available power for the UA to conduct the 

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

power recommended by the manufacturer if greater. 

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

operations shall be conducted in accordance with an A TO-issued COA. The 

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

operations that cannot be conducted under the terms of the attached COA. 

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

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

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

be as large as practicable. 

23. Documents used by the operator to ensure the safe operation and flight of the U AS and 

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

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

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

official upon request. 

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

activities at all times. 

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

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

persons, vessels, vehicles, and structures unless: 

a. Barriers or structures are present that sufficiently protect nonparticipating persons 

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

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

where nonparticipating persons leave such protection and are within 500 feet of 

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

of nonparticipating persons; and 

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

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

the risk of operating closer to those objects and determined that it does not present 

an undue hazard. 

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

nonparticipating persons under this exemption. 

27. All operations shall be conducted over private or controlled-access property with 

permission from the property owner/controller or authorized representative. 

Permission from property owner/controller or authorized representative will be 

obtained for each flight to be conducted. 

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

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

to the FAA's VAS 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. 

If this exemption permits operations for the purpose of closed-set motion picture and 

television filming and production, the following additional conditions and limitations apply . 

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

as documented in this grant of exemption. 

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

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

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

notification may be waived with the concurrence of the FSDO. The plan of activities 

must include at least the following: 

a. Dates and times for all flights; 

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

under this grant of exemption; 

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

the UAS; 

d. Make, model, and serial or N-Number ofUAS to be used; 

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

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

local officials to conduct the filming production event; the list of those who gave 

permission must be made available to the inspector upon request; 

g. Signature of exemption holder or representative; and 

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

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

essential to accomplish the operation. 

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

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

exemption holder's MPTOM. 

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

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

parts 45, 47, 61, and 91. 

This exemption terminates on December 31, 2016, unless sooner superseded or rescinded. 

Sincerely, 

Is/ 

John S. Duncan 

Director, Flight Standards Service 

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cool ex 

April 14,2015 

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey 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: 

On March 4, 2015 Trimble Navigation LTD (hereinafter" Trimble"), through its 

attorneys, submitted an application for an Amendment to Exemption 11110, originally issued 

December 10, 2014 in FAA Docket 2014-0367, to allow operation of an updated model of its 

UAS, the UX:Shp. Given the recent changes in the terms of other exemptions issued by the FAA 

under Section 333 ofthe FAA Modernization and Refonn Act of2012, Trimble hereby files thls 

supplemental amendment request to allow Trimble's UX5 and UX:Shp to be operated under the 

same tenns and conditions that the FAA has granted to other UAS operators under Section 333, 

as most recently reflected in Exemption 11240, Aerius Flight LLC, and Exemption 11257, Roger 

W. Meyer, PLS, which granted a Section 333 exemption involving a Trimble UX5 aircraft. 

Specifically, Trimble requests that its Exemption 11110 be amended to not only allow it 

to operate its UX5hp aircraft as stated in the March 4, 2015 request, but that the following 

provision of its Exemption 11110 be removed or modified, as noted below, or, alternatively, the 

conditions in Exemption 11240 and Exemption 11257 be substituted in their entirety. 

Specifically, Trimble requests that the following modifications be made to Exemption 

11110: 

1.) Amend Exemption 11110 condition #4 by adding language " ... or U.S. driver's 

license" at the end of the second sentence. (See Exemption 11240.) 

2.) Amend Exemption 11110 condition #15 by removing the present language and 

substituting the following: review requirements specified in 14 CFR § 61.56 in an 

aircraft in which the PIC is rated on hls or her pilot certificate." (See Exemption 

11240.) 

3.) Amend Exemption 11110 condition #16 by removing the present language and 

substituting the 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 

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4.) 

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

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

be operated under this exemption, including evasive and emergency maneuvers 

and maintaining appropriate distances from persons, vessels, vehicles and 

structures. PIC qualification flight hours and currency must be logged in a 

manner consistent with 14 CFR § 61.5l(b ). Flights for the purposes of training 

the operator's PICs and VOs (training, proficiency, and experience-building) and 

determining the PIC's ability to safely operate the UAS in a manner consistent 

with how the UAS will be operated under this exemption are permitted under the 

terms of this exemption. However, training operations may only be conducted 

during dedicated training sessions. During training, proficiency, and 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 of this exemption." (See 

Exemption 11240, with addition of fmal sentence.) 

Amend Exemption 11110 condition #19 by reducing the stated time of 

remaining battery life from ten (10) minutes to five (5) minutes. (See Exemption 

11240.) 

5.) Amend Exemption 11110 condition #20 by substituting the following: 

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

All operations shall be conducted in accordance with an A TO-issued COA. The 

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

operations that cannot be conducted under the terms of the attached COA."1 (See 

Exemption 11240.) 

6.) Amend Exemption 11110 by removing condition #29 as no longer needed. (See 

Exemption 11240.) 

7.) Amend Exemption 11110 by removing condition #3 0 as no longer needed. (See 

Exemption 11240.) 

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 

1111 0) for which an exemption is being sought; a demonstration of the public interest; and a 

shoWing of an equivalent level of safety. Because the UX5hp is essentially the same aircraft as 

approved for commercial operations in Exemption 11110, and the conditions under which it will 

1 Trimble refers the FAA to its March 4, 2015 request for amendment to Exemption llllO and its request for a COA 

allowing operations at 400 feet and below and the issuance of a 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.COM 
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April14, 2015 

PageTnree 

operakremain essentially the same as those included in Exemption llllO and Exemptions 

11240 and U257, notice need not be provided ih the Federal Register nor public coinlp.ent 

solicited? 

Encl. 

If' you have Hny questions, please contact us 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!Applicant interprets Section 333 as placing a duty on the iAdtriimstratol' not 'Ohly.lri 'Jirocess applicatiori's·for 

exemptions under Section 333 but,~ifhe determinesthatthe ·conditions set foftlfherein.do llof'fulfilt the 'statufocy 

requirements for approval; to-craft conditions for the safe• operation oftlie Q.;A.S. 

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cc: James Williams 

Robert Pappas 

Thuy Cooper 

Dean Griffith 

James Kirkland 

Kyle Gilbertson 
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U.S. Department 

of Tronsportotion 

Federal Aviation 

Administration 

July 23, 2015 

Mr. Jonathan B. Hill 

Ms. M. Anne Swanson 

CooleyLLP 

Counsel for Trimble Navigation Limited 

1299 Pennsylvania Avenue, NW Suite 700 

Washington, DC 20004 

Dear Mr. Hill and Ms. Swanson: 

Exemption No. 1111 OB 

800 Independence Ave,. S.W. 

Washington. D.C. 20591 

Regulatory Docket No. F AA-2014-0367 

This letter is to inform you that we have granted your petition for an amendment. It explains 

the basis for our decision, describes its effect, and lists any changes to the original conditions 

and limitations. 

By letters dated May 19 and June 3, 2015, you petitioned the Federal Aviation Administration 

(FAA) on behalf of Trimble Navigation Limited (hereinafter petitioner or operator) 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 petitioner to operate a UAS to perform aerial data 

collection. You requested an amendment to add the Trimble ZX5 and Eagle G4. 

In your petition, you indicate that there has been no change in the conditions and reasons 

relative to public interest and safety that were the basis for granting the original exemption. 

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

in the Federal Register because the requested amendment to the exemption would not set a 

precedent, and any delay in acting on this petition would be detrimental to the petitioner. The 

unmanned aircraft authorized in the original grant are comparable in type, size, weight, speed 

and operating capabilities to those in this petition . 
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Airworthiness Certification 

In accordance with the statutory criteria provided in Section 333 of Public Law 112-95 in 

reference to 49 U.S.C. § 44704, and in consideration of the size, weight, speed, and limited 

operating area associated with the aircraft and its operation, the Secretary of Transportation 

has determined that this aircraft meets the conditions of Section 333. Therefore, the FAA 

fmds that relief from 14 CFR part 21, Certification procedures for products and parts, 

Subpart H-Ailworthiness Certificates, and any associated noise certification and testing 

requirements of part 36, is not necessary. 

Our Decision 

The FAA has determined that the justification for the issuance of Exemption No. 11110A 

remains valid and is in the public interest. Therefore, under the authority contained 

in 49 U.S.C. 106(f), 40113, and 44701, delegated to me by the Administrator, the operator is 

granted an amendment to add new aircraft to its UAS operations. 

The operator shall add this amendment to its original exemption. 

Conditions and Limitations 

All conditions and limitations within Grant of Exemption No. 11110A remain in effect except 

as follows. Condition No. 1 has been updated to reflect the additional aircraft. 

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

grounds for the immediate suspension or rescission of this exemption. 

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

Trimble UX5 hp, Trimble ZX5, and Eagle G4 when weighing less than 55 pounds 

including payload. Proposed operations of any other aircraft will require a new 

petition or a petition to amend this exemption. 

This exemption terminates on December 31, 2016, unless sooner superseded or rescinded. 

Sincerely, 

lsi 

JohnS. Duncan 

Director, Flight Standards Service 

Enclosures 

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CooleY. 

Jonathon B. Hill 

+ 1 202 776 2725 

jhill@cooley.com 

May 19, 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, 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 of the 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 1111 OA allowing the commercial operation of the of the 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 1111 OA 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. 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. 

The Trimble UX3 is a rotorcraft weighing a maximum of 11 lbs. at takeoff (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 . 

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May 19, 2015 

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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 of significantly 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 

1111 OA) for which an exemption is being sought; a demonstration of the 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 under this 

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 of the UAS. 

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If you 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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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 1111 OA for commercial use in aerial data collection. 

The FAA issued Exemption 1111 OA 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 . . -, 

v~:tz.2: Counsel for Trimble Navigation Limited 

cc: Robert Pappas 

Thuy Cooper 

Jake Troutman 

Dean Griffith 

James Kirkland 

Kyle Gilbertson 

Jonathan Hill 

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