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 Se ptember 30, 2016, Mr. Matt Tompkins, authorized representative for Trimbl e 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 1 4, Code of Federal Regulations. The petitioner requested to renew Exemp tion 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 describi ng the proposed operation and the regulations from which the petitioner seeks ex emption is posted to the dock et. 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 firs t operational rules for routin e commercial use of small unmanned aircraft systems (part 107). The new rule is now in effect and offers safety regulations for unmanned ai rcraft drones weighing less than 55 pounds. The FAA has reviewed your reques t and determined that your requested operat ion may be conducted2

entirely under part 10 7, Operation and Certification of Small Unmanned Aircraft Systems, without exemption or need for waiver under the provis ions of 14 C.F.R. § 107.200.

Section 333 of Public Law 112- 95, Special Rules for Certai n Unmanned Aircraft Systems (UAS), provided the FAA authority to authorize certain UAS operations. This incremental step provided a pathway for safe and legal civi l operations in the Na tional Airspace System (NAS) and was considered a bridge mechanis m until the implementation of part 107. The FAA addressed existing 333 exem ptions in the preamble of part 107, “if a section 333 exemption is within the operation al scope of part 107, there may be no need for the agency to renew an exemption under sect ion 333.” 81 FR 42064, 42084 (Jun e 28, 2016). Now that part 107 is in effect, the vast ma jority of operations authori zed under previously issued exemptions under Section 333, in cluding the operations propos ed in this petition for exemption can be conducted und er part 107. These operations no longer ne cessitate 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 Administ rator, the petition of Trimble Navigation Limited is hereby denied. The petitioner may begi n operations in accordance with 14 CFR, part 107: Operation
and Certification of Small Unmanne d Aircraft Systems immediately.

Issued in Washington, DC on December 29, 2016

/s/ John Barbagallo Deputy Director, Flight Standards Service