UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

WASHINGTON, DC 20591 

In the matter of the petition of 

Trimble Navigation Limited, for an 

exemption from §§ 61.23(a)(c), 

61.101(e)(4)(5), 61.113(a), 61.315(a), 91.7(a), 

91.119(c), 91.121, 91.151(a)(1), 91.405(a), 

91.407(a)(1), 91.409(a)(1)(2), and 

91.417(a)(b) of Title 14, Code of Federal 

Regulations. 

Regulatory Docket No. FAA-2014-0367 

DENIAL OF EXEMPTION 

By letter posted to the public docket on September 30, 2016, Mr. Matt Tompkins, authorized 

representative for Trimble Navigation Limited, P.O. Box 18332, Golden, CO 80402, 

petitioned the Federal Aviation Administration (FAA) for an exemption from §§ 61.23(a)(c), 

61.101(e)(4)(5), 61.113(a), 61.315(a), 91.7(a), 91.119(c), 91.121, 91.151(a)(1), 91.405(a), 

91.407(a)(1), 91.409(a)(1)(2), and 91.417(a)(b) of Title 14, Code of Federal Regulations. 

The petitioner requested to renew Exemption No. 11110, which expires December 31, 2016, 

to operate UAS to conduct aerial data collection. 

The petitioner supports its request with the following information:

The original petition for exemption describing the proposed operation and the regulations 

from which the petitioner seeks exemption is posted to the docket. To view the petition, visit 

http://www.regulations.gov, enter the regulatory docket number found on the first page of this 

document into the search box and click “Search,” then click on the “Open Docket Folder” link 

next to a result associated with the docket number. 

Discussion of Public Comments:

A summary of the petition was published in the Federal Register on November 28, 2016, 

(81 FR 85671). The petition received no comments. 

The FAA’s analysis is as follows: 

The FAA has finalized the first operational rules for routine commercial use of small 

unmanned aircraft systems (part 107). The new rule is now in effect and offers safety 

regulations for unmanned aircraft drones weighing less than 55 pounds. The FAA has 

reviewed your request and determined that your requested operation may be conducted 
2 

entirely under part 107, Operation and Certification of Small Unmanned Aircraft Systems, 

without exemption or need for waiver under the provisions of 14 C.F.R. § 107.200. 

Section 333 of Public Law 112-95, Special Rules for Certain Unmanned Aircraft Systems 

(UAS), provided the FAA authority to authorize certain UAS operations. This incremental 

step provided a pathway for safe and legal civil operations in the National Airspace System 

(NAS) and was considered a bridge mechanism until the implementation of part 107. The 

FAA addressed existing 333 exemptions in the preamble of part 107, “if a section 333 

exemption is within the operational scope of part 107, there may be no need for the agency to 

renew an exemption under section 333.” 81 FR 42064, 42084 (June 28, 2016). Now that part 

107 is in effect, the vast majority of operations authorized under previously issued 

exemptions under Section 333, including the operations proposed in this petition for 

exemption can be conducted under part 107. These operations no longer necessitate an 

exemption. 

The FAA’s decision: 

In consideration of the foregoing, I find that a grant of extension is not in the public interest. 

Therefore, pursuant to the authority contained in 49 U.S.C. §§ 106(f), 40113, and 44701, 

delegated to me by the Administrator, the petition of Trimble Navigation Limited is hereby 

denied. The petitioner may begin operations in accordance with 14 CFR, part 107: Operation 

and Certification of Small Unmanned Aircraft Systems immediately. 

Issued in Washington, DC on December 29, 2016 

/s/ 

John Barbagallo 

Deputy Director, Flight Standards Service