# Flood Control District

of Maricopa County

www.fcd.maricopa.gov
2801 W est Durango Street Phoenix, Arizona 85009 Phone: 602
- 506
- 1501 Fax: 602
- 506
- 4601 

### 11

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- 20 15

U.S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE Wa shington, 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 co mmercial 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 Regu lations (“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 WDurango St. Phoenix, AZ 85009 602

- 506

- 5477 jro@mail.maricopa.gov

### Page 2

Regulations from which the exem ption 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) Tri mble UX5 Data Sheet; and 2) Tri mble 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, u pdated to reflect changes reported in Tri mble’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 11.3 5, 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 W aiver or Authorization (“COA”) is required to fly at al titudes 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 necessa ry, 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 req uest 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 ame nded, 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 WDurango St. Phoenix, AZ 85009 602

- 506

- 5477 jro@mail.maricopa.gov

Enclosure
cc: Ja m es W illi a m s R obe rt P appas Thuy Cooper D ean G r i f

f i t h , E s q. Ja m es Ki rk l and Ky l e G il be rt son

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.