449 Eisenhower Boulevard, Suite 300 Harrisburg, PA 17111-2302 Phone: 717-232-0593 800-892-6532 E-mail: skellyloy@skellyloy.com Internet: www.skellyloy.com Fax: 717-232-1799

June 8, 2015
Ms. Brenda Robeson Program Analysis, Airmen and Airspace Rules Division FederalAviationAdministration 800 IndependenceAvenue Washington, D.C. 20591 Re: Public Docket Number FAA-2015- 1364 Dear Ms. Robeson: In response to your June 1, 2015, letter, Skelly and Loy, Inc. is providing the following supplemental informationto Public Docket FAA-2015-1364. Skelly and Loy is seeking relieffrom thefollowing regulations. 14C.F.R. §45.23(b): Marking oftheAircraft The regulation provides: When marks include only the Roman capital letter "N" and the registration number is displayed on limited, restricted or light-sport 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 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. The UX5 has no entrance to the cabin, cockpit, or pilot station on which the word "Experimental" can be placed

. Given the size ofthe UAV, two-inch lettering will be impossible. Theword "Experimental"will be placed on theforward fuselage in compliancewith §45.29(f). The equivalent level ofsafetywill be achieved by having the UX5 marked on its forward fuselage as required by §45

.29(f) where the pilot, observer, and others working with the UAV will see the identification of the UAS as "Experimental." The FAA has issued the following exemptions to this regulation to Trimble, Exemption No. 10700, and to others, including Exemption Nos. 8738, 10167 and 10167A. 14C.F.R. Part21, Subpart H: Airworthiness Certificates 14C.F.R. § 91.203(a)(1) Section 91.203(a)(1) requires all civil aircraft to have a certificate of airworthiness

. Part 21, Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of airworthiness certificates as required by FAR §91.203(a)(1). Given the size

Office Locations: Pittsburgh, PA Morgantown, WV State College, PA Hagerstown, MD HuntValley, MDMs. Brenda Robeson Page 2 June 8, 2015
of the aircraft (5.5 lbs.) and the limited operating area associated with its utilization, it is unnecessary to go through the certificate of airworthiness process under Part 21 Subpart Hto achieve orexceed current safety levels. Such an exemption meets the requirements of an equivalent level of safety under Part 11 and Section 333 ofthe Reform Act. The Federal Aviation Act and Section 333 ofthe Reform Act both authorizethe FAAto exempt aircraftfrom the requirementforan airworthiness certificate, upon consideration ofthe size, weight, speed, operational capability, and proximityto airports and populated areas ofthe UAS involved. In this case, an analysis ofthese criteria demonstratesthatthe UX5 operated without an airworthiness certificate, underthe conditions proposed herein, will be at least as safe, orsafer, than a conventional aircraft (fixed wing or rotorcraft) with an airworthiness certificate. The UX5 weighs less than 6 lbs. fully loaded. It will not carry a pilot or passenger, will not carry flammablefuel, and will operate exclusivelywithin an area pre-disclosed and in compliancewith conditions set forth herein. Operations under this exemption will be tightly controlled and monitored by both the operator, pursuant to the conditions set forth above, and by local public safety requirements. The FAA will have advance notice of all operations through the filing of NOTAMs. Receipt ofthe prior permission ofthe land owner, the size ofthe 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 ofsafety. The UX5 construction with absorbent material provides at least an equivalent level of safety to that of such operations being conducted with conventional aircraft that would be orders-of-magnitude larger and would be carrying passengers, cargo, and flammablefuel. 14 C.F.R. §61.113(a) & (b); 61.133(a): Private Pilot Privileges and Limitations; Pilot in Command; Commercial Pilot Privileges and Limitations Section 61.113(a) and (b) limit private pilots to non-commercial operations. Unlike a conventional aircraftthat carries a pilot, passengers, and cargo, the UX5 inthis case is remotely controlled with no passengers or property of others on board. Section 61.133(a) requires an individual with a commercial pilot's license to be pilot in command of an aircraft for compensation or hire. Trimble respectfully proposes that operator requirements should take into accountthe characteristics ofthe particular UAS. Trimble's UX5 has a high degree ofpreprogrammed control and various built-in technical capabilities that strictly limit the potential for operation outside ofthe operating conditions setforth in theexemption application. The UX5 has asemi-autonomous navigation and control system comprised ofa Ground Control Station (GCS) and auto-pilotsystem. All flights are pre-programmed with precision GPS guidance and do not require human intervention. Flight mission area and routing cannot be changed after launch. Flights are not directed by positive manual control nor are evasive maneuvers. In the case of unplanned events, the operator inputs pre-programmed evasive maneuversfrom the control unit, and the control unitexecutesthat 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 powercut offand land (FlightTermination System).Ms. Brenda Robeson Page 3 June 8, 2015

Additional automated safetyfunctions and safety enhancing features ofthe UX5 include thefollowing.
• Auto-pilot detection of lost GPS or of insufficient satellites initiates an immediatespiral landing.
• Low power on the aircraft triggers escalating alarms at GCS at 35% and 10% levels.
• Ifthe auto-pilot detects a lost-linktothe GCS for longerthan 30 seconds, landing procedure begins.
• The UX5 is inherently unstable, so auto-pilot fail will result in very rapid exitfrom flight.
• Aircraft has an on-board failsafe that limits speed in the event of dive to approximately 14 mis.
• The aircraft, weighing less than 6 lbs. fully loaded, is constructed of EPP foam orsimilarmaterialwhich is intendedto absorb impactenergy.
• The motor is driven by a pulse width modulated signal, not an analog signal. Given these safety features, Trimble proposes that operators ofthe UX5 should not be required to hold acommercial or private pilotcertification. Instead, operators should be required to
• have successfully completed, at a minimum, FAA private pilot ground instruction and passed the FAA Private Pilot written examination or FAArecognized equivalents and
• have completed the manufacturer's training program for operation ofthe UAS. The manufacturer's training program will have been satisfactorily reviewed throughthe SAC process. Trimble notesthatthe FAA hasfound thatsafetyfactors permitted operation of UASs by operators with these qualifications in the case ofoperations pursuantto public COAs where the mandatory operating conditions specified above are present. See Federal Aviation Administration, Notice N-8900.227, UnmannedAircraft Systems (UAS) Operational Approval, at 20-21 (July 30, 2013). The FAA has the statutory authority, granted at 49 U.S.C. §44701(f) to waivethe pilot requirementsforcommercial operations.Ms. Brenda Robeson Page4 June 8, 2015
Given these conditions and restrictions, an equivalent level ofsafetywill be provided by allowing operation of the UX5 without a private pilot's certificate or a commercial pilot's certificate, underthe conditions setforth herein. The risks associated with the operation ofthe UX5 (given its size, speed, operational capabilities, and lack of combustible fuel) are so diminished from the level of risk associated with private pilot operations or commercial operations contemplated by Part 61 with conventional aircraft (fixed wing or rotorcraft}, that allowing operations ofthe UAS as set forth above meets or exceeds the present level of safety provided under 14 C.F.R. § 61.113(a) and (b) and does not rise to the level of requiring a commercial pilot to operate the aircraft under §61.133(a). 14C.F.R. § 91.7(a): CivilAircraftAirworthiness This regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. Should the exemption be granted allowing commercial operation of the UX5 without an airworthiness certificate, no standard will exist for airworthiness of the UX5. Given the size ofthe aircraft and the requirements that have presumably already been met in the SAC approval process for the UX5 (for instance, the UX5's Maintenance and Inspection Manual and Safety Checklist), an equivalent level of safety will be achieved by insuring compliancewith theTrimble manuals priorto each flight. 14C.F.R. §91.9(b)(2): CivilAircraft FlightManual intheAircraft The regulation providesthefollowing. No person may operate a U.S.-registered civil aircraft

... (2) For which an Airplane or Rotorcraft Flight Manual is not required by §21.5 of this chapter, unless there is available in the aircraft a current approved airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, orany combination thereof. Given the size and configuration ofthe UX5, it has no ability or place to carry such a flight manual on the aircraft, notonly becausethere is no piloton board, but becausethere is no room orcapacityto carrysuch an item on the aircraft. The equivalent level ofsafety will be achieved by keeping the flight manual (e.g., User Guide, Exhibit4) at the ground control point where the pilot flying the UAS will have immediate access to it. The FAA has issued to Trimble and others the following exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 95658, 10167, 10167A, 10602, 32827, and 10700.Ms. Brenda Robeson Page 5 June 8, 2015
14C.F.R. §91.109(a) and 91.319(a)(1): FlightInstruction These regulations provide that no person may operate a civil aircraft (except a manned free balloon) that is being used forflight instruction unless that aircraft has fully functioning dual controls. The UX5 is a remotely piloted aircraft and, by design, does not havefullyfunctional dual controls. Flightcontrol is accomplishedthroughthe use ofacontrol boxthatcommunicateswith the aircraft via radio communications. The flight plan is pre-programmed into the autopilot before flight and only in unusual circumstances will the pilot input control functions to alterthe pre-programmedflight. If instruction is accomplished through atraining program, as setforth in Exhibit 2, an equivalent level ofsafety will be assured. The FM has approved exemptions for flight training without fully functional dual controls for a number of aircraft and for flight instruction in experimental aircraft. See Exemption Nos. 5778K and 9862A. The equivalent level of safety will be achieved by the manufacturer providing training and through the use of experienced and qualified pilotsfamiliarwith the UX5. 14C.F.R. §91.119: MinimumSafeAltitudes Section 91.119 establishes safe altitudes for operation of civil aircraft. Specifically, §91.119(c) limits aircraftflying over areas otherthan congested areasto an altitude of500 feet above the surface, except over open water or sparsely populated areas. In those cases, the aircraft may not be operated closerthan 500feetto any person, vessel, vehicle, orstructure. As set forth herein, the UX5 will never operate at higher than 400 feet AGL. It will, however, be operatedto avoid congested orpopulated areasthat are depicted in yellowon VFR sectional charts. Because aerial survey work must be accomplished at relatively low altitudes and at altitudes lessthan 500feetAGL, an exemptionfrom Section 91.119(c) is needed. The equivalent level of safety will be achieved given the size, weight, speed, and material with which the UX5 is built. Also, no flight will be taken withoutthe permission ofthe landowner orthose who control the land. Because ofthe advance notice to the landowner, all affected individuals will be aware ofthe survey flights. Compared with aerial survey operations conducted with aircraft or rotorcraftweighing far morethan 5.5 lbs. and carrying flammablefuel, any risk associated with these operations will be far less than those currently allowed with conventional aircraft operating at or below 500 feetAGL. Indeed, the low-altitude operations of the UAS will maintain separation between these small-UAS operations and the operations of conventional aircraftthat mustcomplywith Section 91.119. 14C.F.R. §91.151(a): Fuel Requirementsfor Flight in VFRConditions This regulation prohibits an individual from beginning "a flight in an airplane underVFR conditions unless (considering wind and forecastweather 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 afterthatforat least30 minutes; or (2) At night, to fly afterthatforat least45 minutes."Ms. Brenda Robeson Page 6 June 8, 2015
The UX5 batteries provide approximately 50 minutes of powered flight. Without an exemption from 14 C.F.R. §91.151, the UAS's flights would be limited to approximately 20 minutes in length. Given the limitations on its proposed operations and the location ofthose proposed operations, a longertimeframeforflight in daylightVFR conditions is reasonable. Trimble believes that an exemption from 14 C.F.R. §91.151(a) is safe and within the scope of a prior exemption. See Exemption 10673 [allowing Lockheed Martin Corporation to operate without compliance with 91.151 (a)]. Operating the small UAS without 30 minutes of reserve fuel does not engenderthe type of risks that Section 91.151(a) was meant to prevent given the size and speed at which the UAS operates. The fact that it carries no pilot, passenger, or cargo also enhances its safety. Additionally, limiting UX5 flights to 20 minutes would greatly reduce their utility. In the unlikely event that the UX5 should run out offuel, it would simply land. Given its weight and construction material, the risks are less than contemplated bythe current regulation. Trimble believes that an equivalent level of safety can be achieved by maintaining 1 

### O minutes ofreserve fuel, which, allowing 40 minutes offlighttime, would be more than adequate to return the UASto its planned landing zonefrom anywhere in its operating area. Trimble holds an Exemptionfrom this FAR, Exemption No. 10808for itsX-100 UAS and has applied for such an exemption for the UX5 as part of its SAC application. Similar exemptions have been grantedto others, including Exemptions 2689F, 5745, and 10673. 14C.F.R. §91.203(a} and (b}: Carrying Civil AircraftCertification and Registration This regulation provides as follows. (a)

... no person may operate acivil aircraft unless it has

...an appropriate and current airworthiness certificate. (b) No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) ofthis section or a special flight authorization issued under§91.715 is displayed atthe cabin orcockpit entrance sothat it is legibleto passengers orcrew. The UX5fully loaded weighs no more than 6 lbs. As such, there is no ability or place to carry certification and registration documents orto displaythem on the UAS. In addition, there is no piloton boardthe aircraft. An equivalent level ofsafetywill be achieved by keeping these documents atthe ground control pointwhere the pilot flying the UAS will have immediate access to them. The FAA has issued numerous exemptions to this regulation. A representative sample of other exceptions includes Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700.Ms. Brenda Robeson Page 7 June 8, 2015

14C.F.R. §91.405(a); 407(a)(1); 409(a)(2); 417(a): Maintenance Inspections Section 91.405(a) requires that an aircraft operator or owner "shall have that aircraft inspected as prescribed in subpart E ofthis part and shall between required inspections, except as provided in paragraph (c) ofthis section, have discrepancies repaired as prescribed in part 43 of this chapter

.... "Section 91.407 similarly makes reference to requirements in Part 43; Section 91.409(a)(2) requires an annual inspection for the issuance of an air worthiness certificate. Section 91.417(a) requires the owner or operator to keep records showing certain maintenance work that has been accomplished by certificated mechanics, under Part 43, or licensed pilots and records ofapproval ofthe aircraftfor return to service." Maintenance of the UX5 will be compleated by the owner/operator pursuant to the manuals provided byTrimble. An equivalent level ofsafetywill be achieved because the UAS is small in size, will carry no external payload, will operate only in restricted predetermined areas, and is not a complex mechanical devise. As provided in the attached Maintenance Manual and the Safety Checklist, which were reviewed as part ofTrimble's SAC application, the operator of the UX5 will ensure that the UAS is in working order prior to initiating flight, perform required maintenance, and keep a log of any maintenance that is performed. Moreover, the operator is the person most familiar with the aircraft and is best suited to maintain the aircraft in an airworthy condition and to ensure an equivalent level ofsafety. The UX5's Maintenance Manual providesfor replacement ofthe airframe every50 hours of flight. This will ensure an equivalent level of safety to the maintenance requirements in Part 91. In addition, between such air frame replacements, should a mechanical issue arise, the aircraftwill either return to its launch site or immediately land. Public Interest The requested exemption would permit commercial operation of Trimble's UX5, which weighs 5.5 lbs. and performs precision aerial surveys that consist ofstill photographs taken by onboard cameras. The UX5 takes a series of high quality, still digital images that are used to produce precision digital point clouds, triangulated models, and contour maps ofthe surveyed area. Applications for these UAS devices and associated data processing functions include agriculture, mining, and professional surveying. Use ofthe UX5 for aerial surveys reduces the need to operate conventional aircraft for the same purpose and provides very high quality imagery at afraction ofthe cost ofsurveys using conventional aircraft. These savings result in enhanced efficiency and productivity for the affected activities, as well as environmental benefits. Equivalent Level ofSafety The applicant respectfully submits that because this small, unmanned aerial vehiclethe UX5-will be used in lieu ofcomparatively hazardous operations now conducted with fixed wing and rotary conventional aircraft, the FAA can have confidence that the operations will achieve at least an equivalent level orgreater level ofsafety. Approval ofthis exemption would thereby enhance safety and fulfill the Secretary of Transportation's (the FAA Administrator's)Ms. Brenda Robeson Page 8 June8, 2015 responsibilities under Section 333(c) ofthe Reform Act to "establish requirements forthe safe operation ofsuch aircraftsystems in the national airspacesystem." PilotInformation Richard S. Johnston FAACertificate Number: 3374141 Trimble UX5Aerial Imaging Remote Pilot Certificate Number: 3722467
Ifyou havefurtherquestionsorneed additional information pleasecontact us
. Sincerelyyours, SKELLY and LOY, Inc

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# ~ JohnW. Gunnett P.G. ChiefOperating Officer, President
cc: RickJohnston File: ROBESON_JWG

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