Flood Control District

of Maricopa County

www.fcd.maricopa.gov

2801 West Durango Street

Phoenix, Arizona 85009

Phone: 602-506-1501

Fax: 602-506-4601

11-30-2015

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

Re: Application for Issuance of Section 333 Exemption Based upon 

Exemption 11110 Issued to Trimble Navigation Ltd. 

Dear Sir or Madam, 

Flood Control District of Maricopa County (“FCD”) herewith applies for the issuance 

of an exemption under Section 333 of the FAA Modernization and Reform Act of 2012 

based upon Exemption 11110A issued to Trimble Navigation Ltd. (“Trimble”) on 

December 10, 2014 in FAA Docket 2014-0367 and 11110B issued to Trimble on July 

23, 2015. 

The requested exemption would allow FCD to operate the UX5 and UX5 hp aircraft 

manufactured by Trimble or other Trimble aircraft approved for commercial operations 

under Exemption 11110A and 1110B. FCD notes that the FAA recently authorized 

use of the Trimble UX5 by a third party in Exemption No. 11257, Regulatory Docket 

No. FAA–2014–0889, on April 2, 2015, under updated conditions, and FCD hereby

confirms that it will accept such conditions as well as those set forth in Exemption 

No. 11240, Regulatory Docket No. FAA-2014-0894.

Applicant aircraft will be used to conduct aerial surveys and perform aerial data

collection for agriculture, mining, aerial photography/video acquisition, real estate, 

land surveying, vertical and horizontal constructions inspections, but not for closed set 

filming. Applicant hereby applies for an exemption from the listed Federal Aviation 

Regulations (“FARs”) to allow commercial operation of its small unmanned aerial 

vehicles(“sUAVs”), so long as such operations are conducted within and under the 

conditions outlined herein or as may be established by the FAA in an exemption 

granted under either Section 333 or Section 49 U.S.C. §44701(f).

The name and contact information for the applicant are:

Jim Orr

Flood Control District of Maricopa County

2801 W Durango St.

Phoenix, AZ 85009

602-506-5477

jro@mail.maricopa.gov
Page 2

Regulations from which the exemption is requested:

14 C.F.R. 61.23(a) and (c)

14 C.F.R. 61.101(e)(4) and (5)

14.C.F.R. 61.113(a)

14 C.F.R. 61.315(a)

14 C.F.R. 91.7(a)

14 C.F.R. 91.119(c)

14 C.F.R. 91.121

14 C.F.R. 91.151(a)(1)(b)

14 C.F.R. 91.405(a)

14 C.F.R. 91.407(a)(1)

14 C.F.R. 91.409(a)(1) and (2)

14 C.F.R. 91.417(a) and (b)

FCD intends to operate the UX5 or the UX5hp from Trimble and will operate it in strict 

compliance with the conditions set forth in Exemption 11110A and 11110B, as such 

conditions may be amended or modified by the FAA from time to time, as was done in 

Exemption Nos. 11240 and 11257, or such other conditions as the FAA shall specify, 

and the following manuals: 

1) Trimble UX5 Data Sheet; and

2) Trimble UX5 Aerial Imaging Solution User Guide (User Guide)

3) Trimble UX5 hp Data Sheet; and

4) Trimble UX5 hp Aerial Imaging Solutions user Guide

Copies of these manuals are attached. 

These manuals are very similar to the manuals submitted by Trimble in support of the 

issuance of Exemption 11110A and 11110B, updated to reflect changes reported in 

Trimble’s March 4, 2015 amendment to Exemption 11110. The manuals will be 

updated by Trimble, as needed to reflect any changes to Exemption 11110, based on 

amendments thereto.

The four attachments listed above are referenced in the request for exemption and 

contain trade secret and commercial proprietary information and that are not available 

to the public. FCD is requesting that these attachments be treated as proprietary 

information pursuant to 14 C.F.R. Section 11.35, and maintains that they are 

protected from public release under the Freedom of Information Act. See 5 U.S.C. 

552 et seq.

FCD acknowledges that under current FAA guidance a separate Certificate of Waiver 

or Authorization (“COA”) is required to fly at altitudes in excess of 200 feet AGL, and it 

will apply for COAs where required. FCD hereby requests a blanket COA for flights up 

to 200 feet AGL in the form approved by the FAA. FCD will also file NOTAMs for its 

flights, as required. 
Page 3

To the extent necessary, FCD refers the FAA to the original exemption and the 

amended exemption requests submitted by Trimble in Docket FAA-2014-0367 for 

demonstration of the public interest and an equivalent level of safety. Because the 

UX5 and the UX5hp specified in this request are the same or, essentially the same, 

as the craft already approved in Exemption 11110A and 11110B, and FCD will 

operate the aircraft in strict compliance with the conditions in existing exemptions 

previously granted by the FAA, or as they may be amended, notice need not be 

provided in the Federal Register nor public comment solicited.1

If you have any questions, please contact the undersigned.

Very truly yours,

Jim Orr

Flood Control District of Maricopa County

2801 W Durango St.

Phoenix, AZ 85009

602-506-5477

jro@mail.maricopa.gov

Enclosure

cc:

James Williams

Robert Pappas 

Thuy Cooper

Dean Griffith, Esq. 

James Kirkland 

Kyle Gilbertson

 

1

Applicant reads Section 333 as placing the 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.