AeroView Services, LLC 

March 11th, 2015 

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE Washington, 

DC 20590 

Re: Exemption Request Under Section 333 of the FAA Reform Act and 

Part 11 of the Federal Aviation Regulations 

Dear Sir or Madam: 

Per Section 333 of the FAA Modernization and Reform Act of 2012 (the "Reform Act") and 14 

C.F.R. Part 11, AeroView Services, LLC (AeroView) an operator of the UX5 Unmanned Aircraft 

System ("UAS" or "UX5"), seeks an exemption from the Federal Aviation Regulations ("FARs") 

listed below and discussed in Appendix A. 1 Attached as Appendix B is a summary of this 

request. 

Aero View's requested exemption would allow commercial operation of Trimble's model UX5 

UAS, which weighs 5.5 lbs. and collects aerial photography and precision surveys. The UX5 

takes multiple and overlapping digital images that can be used to produce precision survey point 

clouds, contour maps and surface triangulation of the surveyed area. The Trimble UX5 can 

produce valuable deliverables for a range of industries. These industries include agriculture, 

mining, real estate, oil/gas, disaster response and professional surveying, among others. Use of 

the UX5 for aerial surveys reduces the need to operate conventional aircraft or deploy survey 

crews into dangerous areas for the same purpose. The UX5 provides professional imagery at a 

fraction of the cost, time and risk required for a survey using conventional aircraft or ground 

crews. These benefits directly correlate to improved safety, efficiency, productivity as well 

reduced environmental impact.2 

See Pub. Law 112-95, 126 Stat. 11, § 333 (2012). Trimble has received a SAC the UX5 

issued on August 28, 2014 (Exhibit 5). 

2 · See, e.g. Jack Nicas, Drones Find Fans Among Farmers, Filmmakers, WALL STREET 

JouRNAL (March 10, 2014, 7:45 PM) (describing how an overseas surveyor used to spend 

25,000 Euro ($34,345) to survey 15 square kilometers with a team of 12 surveyors, and it would 

take 2 to 3 weeks to collect all the data. With a Trimble UX5, he accomplished the same task for 

5,000 Euro and got all the data he needed in 3 to 4 days. Because the surveys cost him less to 

perform, he passes those savings on to his customers.), available at: 

http://online. ws j. com/news/articles/SB 1 0001424052702304 732804579425342990070808. 
AeroView Services, LLC 

Aero View's operations under this exemption will be subject to specific conditions and operating 

procedures to ensure, at the least, an equivalent level of safety to currently authorized 

operations using manned aircraft and under conditions as may be modified by the FAA as 

required by Section 333. 

The requested exemption would authorize commercial operations of aerial surveys and 

photography using the UX5, which at 5.51bs. is small in size. 1 The UX5 will be operated under 

controlled conditions at low altitude in airspace that is limited in scope, as described more fully 

below; it will have automated control features, as described below. The UX5 also will be 

operated by an individual who possesses at least a private pilot certificate and third-class airman 

medical certificate and completed a manufacturers authorized UX5 operators training. Finally, 

the airspace in which the UAS will operate will be disclosed to the FAA in advance, through filing 

filing a Notice to Airmen (NOT AM). 

AeroView submits that because this small, unmanned aerial vehicle-the UX5-will be used in 

lieu of comparatively 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 or greater level of safety. Approval of this exemption would thereby enhance 

safety and fulfill the Secretary of Transportation's (the FAA Administrator's) responsibilities under 

Section 333( c) of the Reform Act to "establish requirements for the safe operation of such 

aircraft systems in the national airspace system." 

The name and address of the applicant are: 

Ryan Murguia 

19645 7 Ponds Road 

Sperry, Iowa 52650 

Ph: 319-572-2215 

Email: ryanm@aeroviewservices .com 

The regulations from which the exemption is requested are as follows : 

14 C.F.R. Part 21; 

14 C.F.R. 45.23(b): 

14 C.F.R. 61.113(a) & (b): 

14 C.F.R. 61.133(a): 

14 C.F.R. 91.7(a); 

14 C.F.R. 91.9(b)(2): 

14 C.F.R. 91.109(a): 

14 C.F.R. 91.119: 

14 C.F.R. 91.151(a): 

14 C.F.R. 91.203(a) & (b): 

14 C.F.R. 91.405(a): 

1

Trimble has received a SAC for the UX5 issued on August 28, 2014 (Exhibit 5). 
AeroView Services, LLC 

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

14 C.F.R. 91.409(a)(2): 14 

C.F.R. 91.417(a). 

Appendix A discusses each rule listed above and explains why exemptions pursuant to the 

proposal set forth in this letter are appropriate, provide an equivalent level of safety, and are in 

the public interest. 

THE APPLICABLE LEGAL STANDARD UNDER SECTION 333 

Aero View submits that grant of this exemption application for use of the UX5 in precision aerial 

surveys will advance the Congressional mandate in Section 333 of the Reform Act to accelerate 

the introduction of UAS's into the national airspace system ("NAS") if it can be accomplished 

safely. This law directs the Secretary of Transportation to consider whether certain UASs may 

operate safely in the NAS before completion of the rulemaking required under Section 332 of the 

Reform Act. In making this determination, the Secretary is required to determine which types of 

UASs do not create a hazard to users of the NAS or the public or pose a threat to national 

security in light of the following: 

• The UAS's size, weight, speed, and operational capability; 

Operation of the UAS in close proximity to airports and populated areas; and 

Operation of the UAS within visual line of sight of the operator. 

Reform Act§ 333(a)(1 ). If the Secretary determines that such vehicles "may operate safely in 

the national airspace system, the Secretary shall establish reguirements for the safe operation of 

such aircraft in the national airspace system." /d. §333(c) (emphasis added).2 

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This 

statutory authority, by its terms, includes exempting civil aircraft, as the term is defined under 

§401 01 of the Act, from the requirement that all civil aircraft must have a current airworthiness 

certificate and those regulations requiring commercial pilots to operate aircraft in commercial 

service: 

The Administrator may grant an exemption from a requirement of a regulation 

prescribed under subsection (a) or (b) of this section or any of sections 44702-44716 

of this title if the Administrator finds the exemption is in the public interest. 

49 U.S.C. §44701 (f). See also 49 USC §44711(a); 49 USC §44704; 14 CFR §91.203(a)(1). 

2 Applicant submits that this provision places a duty on the Administrator to not only process 

applications for exemptions under Section 333, but for the Administrator, if he deems the 

conditions proposed herein require modification in order to allow approval, to supply conditions 

for the safe operation of the UAS. Aero View welcomes the opportunity to consult with FAA staff 

in order to address any issues or concerns that this proposal may raise that they believe may 

require modification. 
AeroView Services, LLC 

The grant of the requested exemption is in the public interest based on the clear direction in 

Section 333 of the Reform Act; the additional authority in the Federal Aviation Act, as amended; 

the strong equivalent level of safety surrounding the proposed operations; and the significant 

public benefit, including enhanced safety and cost savings associated with transitioning to UASs 

for aerial survey photography. Accordingly, the applicant respectfully requests that the FAA 

, grant the requested exemption without delay. 

Airworthiness of the UXS 

A critical element of the exemption application involves evidence of the airworthiness of the 

UX5. Trimble believes that it has shown compliance with the requirements of Order 8130.34C, 

Airworthiness Certification of Unmanned Aircraft Systems and Optionally Piloted Aircraft, 

through the SAC review process. The UX5 was issued a SAC on August 28, 2014. The criteria 

set forth in the Order specify the substantive showings of the device's safety and fitness for 

operation to ensure that the FAA has sufficient basis to evaluate the aircraft's safety. 3 AeroView 

submits that issuance of a SAC for the UX5 provides assurance of the public safety for the 

aircraft type. 

Mandatory Operating Conditions 

Grant of the exemption to Aero View will be subject to the following mandatory conditions, which 

are based upon operating conditions set forth for operation of UAS by public entities pursuant to 

Certificates of Authorization, with additional restrictions: 

1) Operations authorized by this grant of exemption are limited to the following aircraft described 

in the operator's manual which is a fixed-wing aircraft weighing less than 6 pounds: Trimble 

Navigation Limited UX5 UAS. Proposed operations of any other aircraft will require a new petition 

or a petition to amend this grant. 

2) The UA may not be flown at an indicated airspeed exceeding 74.5 knots. 

3) The UA must be operated at an altitude of no more than 400 feet above ground level (AGL), as 

indicated by the procedures specified in the operator's manual. All altitudes reported to ATC 

must be in feet AGL. 

4) The UA must be operated within visual line of sight (VLOS) of the PIC at all times. This 

requires the PIC to be able to use human vision unaided by any device other than corrective 

lenses, as specified on the PIC's FAA-issued airman medical certificate. 

3 AeroView is submitting under a request for confidentiality the following documents in support of 

this exemption application for the UX5: 1) Safety Checklist (Exhibit 1 ); 2) Training Manual 

(Exhibit 2); and 3) Maintenance & Inspection Manual for the UX5 (Exhibit 3). Trimble has also 

submitted these documents on a confidential basis to the FAA as part of the SAC application 

process under Part 21. See also "User Guide-- Trimble UX5 Aerial Imaging Solution," attached 

as Exhibit 4 and also being submitted on a confidential basis. The SAC issued on August 28, 

2014 is attached as Exhibit 5 and being submitted on a confidential basis. 
AeroView Services, LLC 

5) All operations must utilize a visual observer (VO). The VO may be used to satisfy the VLOS 

requirement as long as the PIC always maintains VLOS capability. The PIC cannot transfer his 

or her designation for the duration of the flight. The PIC must ensure that the VO can perform the 

functions prescribed in the operator's manual. 

6)The operator must follow the procedures as outlined in its operator's manual. 

The operator may update or revise its operator's manual. It is the operator's responsibility to 

track such revisions and present updated and revised documents to a FAA Administrator upon 

request. The operator must also present updated and revised documents if it petitions for an 

extension or amendment of this exemption. If the operator determines that any update or revision 

would affect the basis upon which the FAA granted this exemption, then the operator must 

petition for amendment to its exemption. 

7) Prior to each flight the PIC must inspect the UAS to ensure it is in a condition for safe flight. If 

the inspection reveals a condition that affects the safe operation of the UAS, the aircraft is 

prohibited from operating until the necessary maintenance has been performed and the UAS is 

found to be in a condition for safe flight. The Ground Control Station must be included in the 

preflight inspection. All maintenance and alterations must be properly documented in the aircraft 

records. 

8) Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight 

characteristics, e.g. replacement of a flight critical component, must undergo a functional test 

flight in accordance with the operator's manual. The PIC who conducts the functional test flight 

must make an entry in the UAS aircraft records of the flight. The requirements and procedures 

for a functional test flight and aircraft record entry must be added to the operator's manual. 

9) The preflight inspection section in the operator's manual must be amended to include the 

following requirement: The preflight inspection must account for all discrepancies, i.e. inoperable 

components, items, or equipment, not covered in the relevant preflight inspection sections of the 

operator's manual. 

1 0) The operator must follow the manufacturer's UAS aircraft/component, maintenance, 

overhaul, replacement, inspection, and life limit requirements, with particular attention to flight 

critical components that may not be addressed in the manufacturer's manuals. 

11) Aero View must carry out its maintenance, inspections, and record keeping requirements in 

accordance with the operator's manual. Maintenance, inspection, and alterations must be noted 

in the aircraft logbook, including total flight hours, description of work 

accomplished, and the signature of the authorized UX5 technician returning the UX5 to service. 

12) UX5 technicians must receive and document training referenced in the operator's manual. 

13) Each UAS operated under this exemption must comply with all manufacturer System and 

Safety Bulletins. 

14) AeroView UX5 maintenance personnel must make a record entry in the UAS logbook or 

equivalent document of the corrective action taken against discrepancies discovered between 

inspections. 
AeroView Services, LLC 

15) The PIC must possess at least a private pilot certificate and a third-class airman medical 

certificate. The PIC must also meet the flight review requirements specified in 14 CFR 61.56 in 

an aircraft in which the PIC is rated on his or her pilot certificate. 

16)Prior to operating for hire, the PIC must have completed the manufacturers training as outlined 

in the Safety Checklist. The Training Manual must also be updated to reflect the specific training 

syllabus as determined by the manufacturer. The training manual specifies the minimum flight 

and skill requirements for the Remote Pilot, Instructor Pilot and Examiner. Those Manuals and 

records of those requirements must be documented and made available upon request by the 

Administrator. Those minimum flight requirements are repeated here as conditions and 

limitations: 

Remote pilot [PIC] 

• Minimum 2 flights on the UX5 as a remote pilot during the Type Rating module 

• Minimum 2 flights on the UX5 as visual observer during the Type Rating module 

• When failed:Minimum 4 flights on the UX5 for the failed part 

Instructor pilot 

• A minimum of 25 flights and 4 hours where: 

o The flights occurred on 4 different calendar days. 

o Two long endurance flights that last near the maximum permissible endurance (40 min for 

operations conducted under this exemption) or have a minimum duration of 45 min for 

previously logged flights or flights not conducted under this exemption (per the manufacturer's 

operator's manual). 

o One flight with a minimum measured wind speed of 30 kph (18.64mph). If the wind speed 

cannot be measured, you can provide proof from METAR as close as 25 km from the weather 

station. 

o One flight with a minimum programmed leg distance of 1 km (if possible by FAA regulations, 

otherwise as long as possible.) 

o 11 flights with a different selected height where: 

o2 flights are at the minimum height 

o 2 flights are at the maximum allowable height 

Examiner 

• 100 flights and 20 hours (regardless of aircraft type) or as approved by a team of 

examiners. 

Prior documented flight experience that was obtained in compliance with applicable regulations 

may satisfy this requirement. Training, proficiency, and experience-building flights that can also 

be conducted under an exemption are permitted to accomplish the required flights and flight time. 
AeroView Services, LLC 

17) If the UAS loses communications or loses its GPS signal, the UA must return to a 

pre-determined location within the private or controlled-access property and land or be recovered 

in accordance with the operator's manual. 

18) The PIC must abort the flight in the event of unpredicted obstacles or emergencies in 

accordance with the operator's manual. 

19) The PIC is prohibited from beginning a UX5 flight unless (considering wind and forecast 

weather conditions) there is enough power to fly to the first point of intended landing and, 

assuming normal cruising speed, to fly after that for at least 10 minutes. 

20) The operator must obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or 

Authorization (COA) prior to conducting any operations under an exemption. This COA will also 

require the operator to request a Notice to Airman (NOT AM) not more than 72 hours in advance, 

but not less than 48 hours prior to the operation. 

21 )All aircraft operated in accordance with this exemption must be identified by serial number, 

registered in accordance with 14 CFR part 47, and have identification (N-Number) markings in 

accordance with 14 CFR part 45, Subpart C. Markings must be as large as practicable. 

22) Before conducting operations, the radio frequency spectrum used for operation and control of 

the UA must comply with the Federal Communications Commission (FCC) or other appropriate 

government oversight agency requirements. 

23) The documents required under 14 CFR 91.9 and 91.203 must be available to the PIC at the 

Ground Control Station of the UAS any time the aircraft is operating. These documents must be 

made available to the Administrator or any law enforcement official upon request. 

24) The UA must remain clear and yield the right of way to all other manned operations and 

activities at all times (including, but not limited to, ultralight vehicles, parachute activities, 

parasailing activities, hang gliders, etc.). 

25) The UAS may not be operated by the PIC from any moving device or vehicle. 

26) UAS operations may not be conducted during night, as defined in 14 CFR 1.1 . 

27) All operations shall be conducted in Class G airspace. 

28)AII operations must be conducted under visual meteorological conditions (VMC). The UA may 

not be operated less than 500 feet below or less than 2,000 feet horizontally from a cloud or 

when visibility is less than 3 statute miles from the PIC. 

29) During operations in Class G airspace, the UA may not operate within 5 nautical miles of the 

geographic center of an airport as denoted on a current FAA-published aeronautical chart unless 

a letter of agreement with that airport's management is obtained, and the operation is conducted 

in accordance with a NOT AM as required by the operator's COA. The letter of agreement with 

the airport management must be made available to the Administrator upon request. 
AeroView Services, LLC 

30) The UA may not be operated over congested or densely populated areas. These areas 

include but are not limited to the yellow areas depicted on World Aeronautical Charts (WAC), 

Sectional Aeronautical Charts (Sectionals), or Terminal Area Charts (TAC). However, 

aeronautical charts may not reflect pertinent local information. Ultimately, it is the PIC's 

responsibility to maintain the minimum safe altitudes required by§ 91.119. 

31 )Operation of the UA must be conducted at least 500 feet from all nonparticipating persons, 

vessels, vehicles, and structures. 

32)0perations of the UA may be conducted at distances less than 500 feet from participating 

persons, vessels, vehicles or structures that perform an essential function in connection with 

these special purpose operations. Operations closer than 500 feet from the PIC, VO, operator 

trainees and essential persons, are permitted when operationally necessary; but never so close 

as to present an undue hazard, per§ 91.119(a). 

33)0perations of the UA may be conducted at distances less than 500 feet from unoccupied 

vessels, vehicles or structures owned by the land owner/controller when the land 

owner/controller grants such permission and the PIG makes a safety assessment of the risk 

from operations closer to these objects. 

34 )All operations shall be conducted over private or controlled-access property with permission 

from the land owner/controller or authorized representative. Permission from land 

owner/controller or authorized representative will be obtained for each flight to be conducted. 

35) Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries 

of the operational area as defined by the applicable COA must be reported to the FAA's UAS 

Integration Office (AFS-80) within 24 hours. Accidents must be reported to the National 

Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: 

www.ntsb.gov. 

36) The PIC must, 15 minutes prior to and during all UAS operations monitor an airband 

transceiver providing communication on the International Aircraft Communication Band for active 

aircraft in the area. 

Operator Requirements 

AeroView respectfully proposes that operator requirements should take into account the 

characteristics of the particular UAS. Certain UASs, such as the Trimble UX5, are 

characterized by a high degree of pre-programmed control and various built-in technical 

capabilities that limit the potential for operation outside of the operating conditions set forth above. 

The UX5 has a semi-autonomous navigation and control system comprised of a Ground Control 

Station (GCS) and autopilot system. All flights are pre-programmed with 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 maneuvers from the control unit 
AeroView Services, LLC 

and the control unit executes that 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 power cut off and land 

(Flight Termination System).4 

Additional automated safety functions and safety enhancing features of the UX5 include the 

following: 

• 

• 

• 

• 

• 

Auto-pilot detection of lost GPS or of insufficient satellites initiates an immediate 

spiral landing. 

Low power on the aircraft triggers escalating alarms at GCS at 35% and 10% levels . 

If the auto-pilot detects a lost-link to the GCS for longer than 30 seconds, landing 

procedure begins. 

The UX5 is inherently unstable, an auto-pilot fail will result in very rapid exit from 

flight. 

Aircraft has an on-board failsafe that limits speed in the event of dive to 

approximately 14 m/s. 

The aircraft, weighing less than 6lbs., fully loaded, is constructed of EPP foam, or 

similar material which is intended to absorb impact energy.

5 

The motor is driven by a pulse width modulated signal, not an analog signal. 

Given these safety features, Aero View proposes that operators of the UX5 should not be 

required to hold a commercial pilot certification. Instead, operators should be required to: 

• Possess at least a private pilot certificate and third-class airman medical certificate. 

Have completed the manufacturer's operator training program. 

Aero View notes that the FAA has found that safety factors permitted operation of UASs by 

operators with these qualifications in the case of operations pursuant to public COAs when the 

mandatory operating conditions specified above were present. See Federal Aviation 

Administration, Notice N-8900.227, Unmanned Aircraft Systems (UAS) Operational Approval, at 

20-21 (July 30, 2013). The FAA has the statutory authority to grant exemptions to the 

requirements for and privileges associated with the grant of airmen's certificates. 49 USC 

§44701 (f). 

4 Gatewing staff have performed over 1 ,245 flights, logging more than 291 hours of flight time with 

the predecessor of the UX5, the X-1 00. Development of the UX5 included 100 early demo/beta 

flights. These flights amounted to about 25 hours. There have been about 300 training flights for 

the UX5, totaling about 75 hours. The UX5 has 204 registered test flights, amounting to 

approximately 51 hours, and 478 registered production flights, amounting to approximately 120 

hours. Gatewing and Trimble do not keep data on flights conducted by customers, but they are 

estimated to have reached well over 1,000 hours. 

5 Trimble has calculated the potential energy in flying the UX5. Based on a maximum speed in 

descent of 14m/s built into the autopilot and the UX5's mass of 2.5kg, these calculations yield 

300 Joules of energy. Applying the Canadian regulatory standard of energy/area, the UX5 is 

calculated to be 5.9 J/cm2. Canada is proposing to apply no regulation to a UAS below 15 

J/cm2. 
Aero View Services, LLC 

* * * 

In summary, applicant seeks an exemption from the FARs set forth above and in Appendix A to 

allow commercial operations of a small unmanned vehicle conducting precision aerial surveys . 

Approval of the exemption allowing commercial operations of the UXS for precision survey and 

photography work will enhance safety by reducing risk. Conventional aerial survey operations, 

using jet or piston-powered aircraft present risks associated with vehicles that weigh in the 

neighborhood of 5,000 to 7,000 lbs., or more, carry large quantities of fuel, passengers, and, in 

some cases, cargo. Such aircraft must fly to and from the survey location. In contrast, a UX5 

weighing less than 61bs. and powered by batteries eliminates a portion of that risk given the 

reduced mass and lack of combustible fuel carried on board. The UX5 is carried to the survey 

location, not flown there. The UX5 will carry no passengers or crew and, therefore, will not 

expose any individuals to the risks inherent with manned aircraft flights. 

Additionally, no national security issue is raised by the grant of the requested exemptions. Given 

the size, load carrying capacity, speed at which it operates, and the fact that it carries no 

explosives or other dangerous materials, the UX5 poses no threat to national security. 

The operation of the UX5, weighing less than 6 lbs ., for precision surveys in accordance with the 

strict conditions outlined above, will provide an equivalent level of safety supporting the grant of 

the exemptions requested herein, including exempting AeroView from the requirements of Part 

21. 

The UX5's satisfaction of the criteria set forth in Section 333 of the Reform Act-size, weight, 

speed, operating capabilities, lack of proximity to airports and populated areas, operation within 

visual line of sight, and national security-and its showing of an equivalent level of safety as it 

may relate to the requirement for a pilot's license, provide more than adequate justification for the 

grant of the requested exemptions allowing commercial operation of the UX5 in the commercial 

precision aerial survey and photographic business. 

Encl: 

cc: Zach Pieper 

Respectfully submitted, 

Ryan Murguia 

President 

Aero View Services, LLC 
AeroView Services, LLC 

APPENDIX A 

EXEMPTION REQUEST AND EQUIVALENT LEVEL OF SAFETY SHOWINGS 

UNDER APPLICABLE RULES SUBJECT TO EXEMPTION 

Aero View requests an exemption from the following regulations as well as any additional 

regulations that may technically apply to the operation of the UX5: 

14 C.F.R. § 45.23(b): Marking of the Aircraft 

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 of the UAV, two-inch lettering will be impossible. The word 

"Experimental" will be placed on the forward fuselage in compliance with § 45.29(f). 

The equivalent level of safety will 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. 

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 

14 CFR § 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 of the 

aircraft (5.51bs.) and the limited operating area associated with its utilization, it is unnecessary to 

go through the certificate of airworthiness process under Part 21 Subpart H to achieve or exceed 

current safety levels. 

Such an exemption meets the requirements of an equivalent level of safety under Part 11 and 

Section 333 of the Reform Act. The Federal Aviation Act and Section 333 of the Reform Act both 

authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon 

consideration of the size, weight, speed, operational capability, and proximity to airports and 

populated areas of the UAS involved. 
AeroView Services, LLC 

In this case, an analysis of these criteria demonstrates that the UX5 operated without an 

airworthiness certificate, under the conditions proposed herein, will be at least as safe, or safer, 

than a conventional aircraft (fixed wing or rotorcraft) with an airworthiness certificate. The UX5 

weighs less than 61bs. fully loaded. It will not carry a pilot or passenger, will not carry flammable 

fuel, and will operate exclusively within an area pre-disclosed and in compliance with 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 of the 

prior permission of the land owner, the size of the 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 of 

safety. 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 flammable fuel. 

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) & (b) limit private pilots to non-commercial operations. Unlike a conventional 

aircraft that carries a pilot, passengers, and cargo, the UX5 in this 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. 

AeroView respectfully proposes that operator requirements should take into account the 

characteristics of the particular UAS. Trimble's UX5 has a high degree of pre-programmed 

control and various built-in technical capabilities that strictly limit the potential for operation 

outside of the operating conditions set forth in the exemption application. 

The UX5 has a semi-autonomous navigation and control system comprised of a Ground Control 

Station (GCS) and auto-pilot system. 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 

maneuvers from the control unit, and the control unit executes that 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 power cut off and land (Flight Termination System). 

Additional automated safety functions and safety enhancing features of the UX5 include the 

following: 

• Auto-pilot detection of lost GPS or of insufficient satellites initiates an immediate 

spiral landing. 

Low power on the aircraft triggers escalating alarms at GCS at 35% and 10% levels. 

• If the auto-pilot detects a lost-link to the GCS for longer than 30 seconds, landing 

procedure begins. 

• The UX5 is inherently unstable, so autopilot fail will result in very rapid exit from 

flight. 

Aircraft has an on-board failsafe that limits speed in the event of dive to 

approximately 14 m/s. 
AeroView Services, LLC 

• The aircraft, weighing less than 61bs., fully loaded, is constructed of EPP foam, or 

similar material which is intended to absorb impact energy. 

• The motor is driven by a pulse width modulated signal, not an analog signal. 

Given these safety features, Aero View proposes that PIC of the UX5 should be required to hold 

a private pilot certification and third class airman medical certificate. Also, PIC should be 

required to: 

have completed the manufacturer's training program for operation of the UAS. The 

manufacturer's training program has been reviewed through the SAC process. An 

SAC was issued for the UX5 on August 28, 2014. 

AeroView notes that the FAA has found that safety factors permitted operation of UASs by 

operators with these qualifications in the case of operations pursuant to public COAs where the 

mandatory operating conditions specified above are present. See Federal Aviation 

Administration, Notice N-8900.227, Unmanned Aircraft 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 

waive the pilot requirements for commercial operations. 

14 C.F.R. § 91.7(a): Civil aircraft airworthiness. 

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 of the 

aircraft and the requirements that have presumably already been met in the SAC approval 

process for the UX5 (for instance, the UX5's Maintenance & Inspection Manual and Safety 

Checklist), an equivalent level of safety will be achieved by ensuring compliance with the Trimble 

UX5 manuals prior to each flight. 

14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft. 

The regulation provides: 

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, or 

any combination thereof. 

Given the size and configuration of the UX5, it has no ability or place to carry such a flight 

manual on the aircraft, not only because there is no pilot on board, but because there is no room 

or capacity to carry such an item on the aircraft. 

The equivalent level of safety will be achieved by keeping the flight manual (see, e.g., User 

Guide, Exhibit 4) at the ground control point where the pilot flying the UAS will have immediate 
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access to it. The FAA has issued to others the following exemptions to this regulation: 

Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 32827, 

and 10700. 

14 C.F.R. § 91.109 & 91.319(a)(1): Flight Instruction 

These regulations provide that no person may operate a civil aircraft (except a manned free 

balloon) that is being used for flight instruction unless that aircraft has fully functioning dual 

controls. 

The UX5 is a remotely piloted aircraft and by design, does not have fully functional dual controls. 

Flight control is accomplished through the use of a control box that communicates with 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 alter the 

pre-programmed flight. If instruction is accomplished through a training program, as set forth in 

Exhibit 2, an equivalent level of safety will be assured. The FAA 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 & 9862A. The equivalent level of safety will 

be achieved by the manufacturer providing the training as outlined, for example, in Exhibit 2 and 

through the use of experienced and qualified pilots familiar with the UX5. 

14 CFR § 91.119: Minimum Safe Altitudes 

Section 91.119 establishes safe altitudes for operation of civil aircraft. Specifically, 91.119(c) 

limits aircraft flying over areas other than congested areas to an altitude of 500 feet above the 

surface, except over open water or sparsely populated areas. In those cases, the aircraft may 

not be operated closer than 500 feet to any person, vessel, vehicle, or structure. 

As set forth herein, the UX5 will never operate at higher than 400 feet AGL. It will, however, be 

operated to avoid congested or populated areas that are depicted in yellow on VFR sectional 

charts. Because aerial survey work must be accomplished at relatively low altitudes and at 

altitudes less than 500 feet AGL, an exemption from 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 without the permission of the land owner or 

those who control the land. Because of the advance notice to the landowner, all affected 

individuals will be aware of the survey flights. Compared to aerial survey operations conducted 

with aircraft or rotorcraft weighing far more than 5.5 lbs. and carrying flammable fuel, any risk 

associated with these operations will be far less than those currently allowed With conventional 

aircraft operating at or below 500 feet AGL. Indeed, the low-altitude operations of the UAS will 

maintain separation between these smaii-UAS operations and the operations of conventional 

aircraft that must comply with Section 91.119. 

14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions 

This regulation prohibits an individual from beginning "a flight in an airplane under VFR conditions 

unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first 
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point of intended landing and, assuming normal cruising speed- (1) During the day, to fly after 

that for at least 30 minutes; or (2) At night, to fly after that for at least 45 minutes." 

The UXS batteries provide approximately 50 minutes of powered flight. Without an exemption 

from§ 14 CFR 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 of those proposed operations, a 

longer time frame for flight in daylight VFR conditions is reasonable. 

AeroView believes that an exemption from 14 CFR § 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 engender the 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 UXS flights to 20 minutes would greatly reduce their 

utility. In the unlikely event that the UXS should run out of fuel, it would simply land. Given its 

weight and construction material, the risks are less than contemplated by the current regulation. 

Aero View believes that an equivalent level of safety can be achieved by maintaining 1 0 minutes 

of reserve fuel, which, allowing 40 minutes of flight time, would be more than adequate to return 

the UAS to its planned landing zone from anywhere in its operating area. 

Trimble holds an Exemption from this FAR, Exemption No. 10808 for its X-100 UAS and applied 

for such an exemption for the UXS as part of its SAC application. Similar exemptions have been 

granted to others, including Exemptions 2689F, 5745, and 10673. 

14 C.F.R. § 91.203 (a) & (b): Carrying Civil Aircraft Certification and Registration 

This regulation provides as follows : 

(a) ... no person may operate a civil 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) of this section or a special flight authorization 

issued under §91.715 is displayed at the cabin or cockpit entrance so that it 

is legible to passengers or crew. 

The UXS fully loaded weighs no more than 6 lbs. As such, there is no ability or place to carry 

certification and registration documents or to display them on the UAS. In addition, there is no 

pilot on board the aircraft. 

An equivalent level of safety will be achieved by keeping these documents at the ground control 

point where 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. 
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14 C.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 of this part and shall between required inspections, except as 

provided in paragraph (c) of this 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 airworthiness 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 of approval of the aircraft for return to service. 

Maintenance of the UXS will be accomplished by the owner/operator pursuant to the manuals, 

such as Exhibit 3, provided by the manufacturer. An equivalent level of safety will 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 device. As provided in the attached 

Maintenance Manual and the Safety Checklist, which were reviewed as part of Trimble's SAC 

application, the operator of UXS 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 of safety. 

The UXS's Maintenance Manual provides for replacement of the airframe every 50 hours of flight. 

This will ensure an equivalent level of safety to the maintenance requirements in Part 91. In 

addition, between such airframe replacements, should a mechanical issue arise, the aircraft will 

either return to its launch site or immediately land. 
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APPENDIX B 

SUMMARY OF TRIMBLE SECTION 333 EXEMPTION REQUEST 

Aero View hereby provides pursuant to Part 11 a summary of its exemption application to 

allow commercial operation of the UX5 unmanned aircraft in precision aerial survey work. An 

exemption is requested from the following regulations: 

14 C.F.R. Part 21: 

14 C.F.R. 45.23(b): 

14 C.F.R. 61.113(a) & (b): 

14 C.F.R. 61.133(a): 

14 C.F.R. 91.7(a): 

14 C.F.R. 91.9(b)(2): 

14 C.F.R. 91.109(a): 

14 C.F.R. 91.119: 

14 C.F.R. 91.151 (a): 

14 C.F.R. 91.203(a) & (b): 

14 C.F.R. 91.405(a): 

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

14 C.F.R. 91.409(a)(2): M 

C.F.R. 91.417(a).