# AeroView Services, LLC

March 11th, 2015 U.S. Department ofTransportation Docket Management System 1200 NewJersey Ave., SE Washington, DC 20590 Re: Exemption Request Under Section 333 ofthe FAA Reform Actand Part 11 ofthe Federal Aviation Regulations Dear Siror Madam: Per Section 333 ofthe FAA Modernization and Reform Actof2012 (the "Reform Act") and 14 C.F.R. Part 11, AeroView Services, LLC (AeroView) an operatorofthe 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 ofthis request. AeroView's requested exemption would allow commercial operation ofTrimble'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 ofthe 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 UX5for 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 ofthe cost, time and risk required for a survey using conventional aircraft orground 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 FindFans 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 sametask for 5,000 Euro and got all the data he needed in 3 to 4 days. Becausethe surveys cost him less to perform, he passes those savings on to his customers.), available at: http://online.ws

### j.com/news/articles/SB1 0001424052702304732804579425342990070808.

# AeroView Services, LLC

AeroView's operations underthis exemption will be subjectto specific conditions and operating procedures to ensure, atthe least, an equivalent level ofsafetyto currently authorized operations using manned aircraft and underconditions as may be modified by the FAA as required by Section 333.
The requested exemption would authorize commercial operations ofaerial surveys and photography using the UX5, which at 5.51bs. is small in size. 1 The UX5will be operated under controlled conditions at low altitude in airspace that is limited in scope, as described morefully 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 UASwill operate will be disclosedto the FAA in advance, through filing filing a Noticeto Airmen (NOT AM). AeroView submits that becausethis small, unmanned aerial vehicle-the UX5-will be used in lieu ofcomparatively hazardous operations now conducted with fixed wing and rotary conventional aircraft, the FAA can have confidence thatthe operations will achieve at leastan equivalent level orgreater level ofsafety. Approval ofthis exemption would thereby enhance safety and fulfill the Secretary ofTransportation's (the FAAAdministrator's) responsibilities under Section 333(c)ofthe Reform Actto "establish requirements forthe safe operation ofsuch aircraft systems in the national airspace system."
The name and address ofthe 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):

1Trimble has received a SACforthe 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 pursuanttothe proposal setforth in this letterare appropriate, provide an equivalent level ofsafety, and are in the public interest.



### THE APPLICABLE LEGAL STANDARD UNDER SECTION 333
AeroView submits that grant ofthis exemption application for use ofthe UX5 in precision aerial surveys will advancethe Congressional mandate in Section 333 ofthe Reform Actto accelerate the introduction of UAS's intothe national airspace system ("NAS") if it can be accomplished safely. This lawdirects the Secretary ofTransportation to considerwhether certain UASs may operate safely in the NAS before completion ofthe rulemaking required under Section 332 ofthe Reform Act. In making this determination, the Secretary is required to determine which types of UASs do not create a hazard to users ofthe NAS orthe public or pose a threat to national security in light ofthe following:

• The UAS's size, weight, speed, and operational capability; Operation ofthe UAS in close proximity to airports and populated areas; and Operation ofthe UAS within visual line ofsight ofthe operator. Reform Act§ 333(a)(1). Ifthe Secretary determines that such vehicles "may operate safely in the national airspace system, the Secretary shall establish reguirements forthe safe operation of such aircraft in the national airspace system." 

### /d. §333(c) (emphasis added).2
The Federal Aviation Act expressly grants the FAAthe authority to issue exemptions. This statutory authority, by its terms, includes exempting civil aircraft, as the term is defined under §40101 ofthe 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 ofa regulation prescribed under subsection (a) or (b) ofthis section or any ofsections 44702-44716 ofthis title ifthe Administratorfinds the exemption is in the public interest.
49 U.S.C. §44701

### (f). See also49 USC §44711(a); 49 USC §44704; 14 CFR §91.203(a)(1).

2 Applicant submits thatthis provision places a duty on the Administratorto not only process applications for exemptions under Section 333, but forthe Administrator, if he deems the conditions proposed herein require modification in orderto allow approval, to supply conditions forthe safe operation ofthe UAS. AeroView welcomes the opportunity to consultwith FAA staff in orderto address any issues orconcerns that this proposal may raise thatthey believe may require modification.

# AeroView Services, LLC

The grant ofthe requested exemption is in the public interest based on the cleardirection in Section 333 ofthe Reform Act; the additional authority in the Federal Aviation Act, as amended; the strong equivalent level ofsafety surrounding the proposed operations; and the significant public benefit, including enhanced safety and costsavings associated with transitioning to UASs for aerial survey photography. Accordingly, the applicant respectfully requests thatthe FAA

, grantthe requested exemption without delay.

Airworthiness ofthe UXS A critical element ofthe exemption application involves evidence ofthe airworthiness ofthe UX5. Trimble believes that it has shown compliance with the requirements ofOrder 8130.34C, Airworthiness Certification ofUnmanned Aircraft Systems and Optionally Piloted Aircraft, through the SAC review process. The UX5was issued a SAC on August28, 2014. The criteria setforth in the Orderspecify the substantive showings ofthe device's safety and fitness for operation to ensure thatthe FAA has sufficient basis to evaluate the aircraft's safety. 3 AeroView submits that issuance ofa SAC forthe UX5 provides assurance ofthe public safety forthe aircrafttype. Mandatory Operating Conditions Grant ofthe exemption to AeroView will be subjectto the following mandatory conditions, which are based upon operating conditions setforth for operation of UAS by public entities pursuantto Certificates ofAuthorization, with additional restrictions: 1) Operations authorized by this grantofexemption are limited to the following aircraftdescribed in the operator's manual which is a fixed-wing aircraftweighing less than 6 pounds: Trimble Navigation Limited UX5 UAS. Proposed operations ofany other aircraftwill 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 ofno more than 400feet 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 ofsight (VLOS) ofthe PIC at all times. This requires the PIC to be able to use human vision unaided by any device otherthan corrective lenses, as specified on the PIC's FAA-issued airman medical certificate.

3 AeroView is submitting under a requestfor confidentiality the following documents in supportof this exemption application forthe UX5: 1) Safety Checklist (Exhibit 1 ); 2) Training Manual (Exhibit2); and 3) Maintenance & Inspection Manual forthe UX5 (Exhibit 3). Trimble has also submitted these documents on a confidential basis tothe FAA as part ofthe SAC application process under Part21. See also "User Guide-- Trimble UX5Aerial Imaging Solution," attached as Exhibit4 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 cannottransfer his or her designation forthe duration ofthe flight. The PIC must ensurethatthe VO can perform the functions prescribed in the operator's manual. 6)The operator mustfollow 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 FAAAdministrator upon request. The operator mustalso present updated and revised documents ifit petitions foran extension or amendment ofthis exemption. Ifthe operator determines that any update or revision would affectthe basis upon which the FAA granted this exemption, then the operator must petition for amendmentto its exemption. 7) Priorto each flightthe PIC must inspectthe UAS to ensure it is in a condition for safeflight. If the inspection reveals a condition that affects the safe operation ofthe 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 UASthat has undergone maintenance or alterations that affectthe UAS operation orflight characteristics, e.g. replacement ofaflight critical component, must undergo afunctional test flight in accordancewith the operator's manual. The PIC who conducts the functional testflight must make an entry in the UAS aircraft records ofthe flight. The requirements and procedures for afunctional testflight 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 accountfor all discrepancies, i.e. inoperable components, items, or equipment, not covered in the relevant preflight inspection sections ofthe operator's manual. 1

0) The operator mustfollow 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 accordancewith the operator's manual. Maintenance, inspection, and alterations must be noted in the aircraft logbook, including total flight hours, description ofwork accomplished, and the signature ofthe authorized UX5technician returning the UX5to service. 12) UX5technicians must receive and documenttraining referenced in the operator's manual. 13) Each UAS operated underthis exemption mustcomply with all manufacturer System and Safety Bulletins. 14)AeroView UX5 maintenance personnel must make a record entry in the UAS logbook or equivalentdocument ofthe 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 meetthe 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)Priorto 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 reflectthe specific training syllabus as determined by the manufacturer. Thetraining manual specifies the minimum flight and skill requirements forthe Remote Pilot, Instructor Pilot and Examiner. Those Manuals and records ofthose requirements must be documented and made available upon request by the Administrator. Those minimumflight requirements are repeated here as conditions and limitations: Remote pilot [PIC] • Minimum 2flights on the UX5 as a remote pilot during the Type Rating module • Minimum 2flights on the UX5 as visual observerduring the Type Rating module • When failed:Minimum 4 flights on the UX5for the failed part Instructor pilot • A minimum of25 flights and 4 hours where:

o The flights occurred on 4 different calendar days.

o Two long endurance flights that last nearthe maximum permissible endurance (40 min for operations conducted underthis exemption) or have a minimum duration of45 min for previously logged flights orflights not conducted underthis exemption (perthe manufacturer's operator's manual).

o Oneflight with a minimum measured wind speed of30 kph (18.64mph). Ifthe wind speed cannot be measured, you can provide prooffrom METAR as close as 25 km from the weather station.

o Oneflight 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 heightwhere: o2 flights are atthe minimum height o 2 flights are atthe maximum allowable height Examiner • 100flights and 20 hours (regardless ofaircrafttype) or as approved by a team of examiners. Priordocumentedflight experience thatwas obtained in compliancewith 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) Ifthe 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 abortthe flight in the event ofunpredicted obstacles oremergencies in accordancewith the operator's manual. 19)The PIC is prohibited from beginning a UX5flight unless (considering wind and forecast weather conditions) there is enough powerto fly to the first point ofintended landing and, assuming normal cruising speed, to fly afterthatfor at least 10 minutes. 20) The operator mustobtain an AirTraffic Organization (ATO) issued Certificate ofWaiveror Authorization (COA) priorto conducting any operations underan exemption. This COAwill also require the operatorto request a Noticeto Airman (NOT AM) not more than 72 hours in advance, but not less than 48 hours priorto the operation.
21)All aircraftoperated in accordance with this exemption must be identified by serial number, registered in accordancewith 14 CFR part 47, and have identification (N-Number) markings in accordancewith 14 CFR part45, 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 atthe Ground Control Station ofthe UAS any time the aircraft is operating. These documents must be made available to the Administrator or any law enforcementofficial upon request. 24) The UA must remain clear and yield the right ofway to all other manned operations and activities at all times (including, but not limited to, ultralightvehicles, 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 undervisual 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 operatewithin 5 nautical miles ofthe geographic center ofan airport as denoted on a current FAA-published aeronautical chart unless a letter ofagreementwith that airport's management is obtained, and the operation is conducted in accordancewith a NOT AM as required by the operator's COA. The letterofagreementwith the airport management must be made available to the Administrator upon request.

# AeroView Services, LLC

30) The UA may not be operated over congested ordensely populated areas. These areas include but are not limited to the yellow areas depicted on World Aeronautical Charts (WAC), Sectional Aeronautical Charts (Sectionals), orTerminal 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 ofthe UA must be conducted at least 500 feetfrom all nonparticipating persons, vessels, vehicles, and structures. 32)0perations ofthe UA may be conducted atdistances less than 500 feet from participating persons, vessels, vehicles or structures that perform an essential function in connection with these special purpose operations. Operations closerthan 500 feet from the PIC, VO, operator trainees and essential persons, are permitted when operationally necessary; but neverso close as to present an undue hazard, per§ 91.119(a). 33)0perations ofthe UA may be conducted at distances less than 500feet from unoccupied vessels, vehicles or structures owned bythe land owner/controllerwhen the land owner/controller grants such permission and the PIG makes a safety assessment ofthe risk from operations closerto these objects. 34)All operations shall be conducted over private orcontrolled-access property with permission from the land owner/controlleror authorized representative. Permission from land owner/controlleror authorized representative will be obtained for each flightto be conducted. 35) Any incident, accident, orflight operation thattransgresses the lateral orvertical boundaries ofthe 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 priorto 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 accountthe characteristics ofthe particular UAS. Certain UASs, such as the Trimble UX5, are characterized by a high degree ofpre-programmed control and various built-in technical capabilities that limitthe potential for operation outside ofthe operating conditions setforth above

. The UX5 has a semi-autonomous navigation and control system comprised ofa 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 notdirected 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 ofholding at present position; suspension ofmission; fly back to launch point; fly to point and hold; abort mission and land; and emergency power cut offand land (Flight Termination System).4

Additional automated safety functions and safety enhancing features ofthe UX5 include the following: 

### •

• •

•

• Auto-pilot detection oflost GPS or of insufficient satellites initiates an immediate spiral landing. Low poweron the aircrafttriggers escalating alarms at GCS at35% and 10% levels

. Ifthe auto-pilot detects a lost-link to the GCSfor longerthan 30 seconds, landing procedure begins. The UX5 is inherently unstable, an auto-pilotfail will result in very rapid exitfrom flight. Aircraft has an on-board failsafe that limits speed in the eventofdiveto 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, AeroView proposes that operators ofthe UX5 should not be required to hold a commercial pilot certification. Instead, operators should be required to:

• Possess at leasta private pilot certificate and third-class airman medical certificate

. Have completed the manufacturer's operatortraining program. AeroView notes thatthe FAA has found that safety factors permitted operation of UASs by operators with these qualifications in the case ofoperations pursuantto 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 tothe requirements for and privileges associated with the grantofairmen's certificates. 49 USC §44701 (f).

4 Gatewing staff have performed over 1,245flights, logging morethan 291 hours offlight time with the predecessorofthe UX5, the X-100. Development ofthe UX5 included 100early demo/beta flights. These flights amounted to about25 hours. There have been about 300 training flights for the UX5, totaling about 75 hours. The UX5 has 204 registered testflights, 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, butthey 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 descentof 14m/s built into the autopilot and the UX5's mass of2.5kg, these calculations yield 300 Joules ofenergy. Applying the Canadian regulatory standard ofenergy/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.

## AeroView Services, LLC

* * * In summary, applicant seeks an exemption from the FARs setforth above and in Appendix A to allow commercial operations ofa small unmanned vehicle conducting precision aerial surveys
. Approval ofthe exemption allowing commercial operations ofthe UXS for precision survey and photography work will enhance safety by reducing risk. Conventional aerial survey operations, usingjetor piston-powered aircraft present risks associated with vehicles thatweigh in the neighborhood of5,000 to 7,000 lbs

., or more, carry large quantities offuel, passengers, and, in some cases, cargo. Such aircraft mustfly to and from the survey location. In contrast, a UX5 weighing less than 61bs. and powered by batteries eliminates a portion ofthat risk given the reduced mass and lack ofcombustible fuel carried on board. The UX5 is carried to the survey location, notflown there. The UX5 will carry no passengers or crew and, therefore, will not exposeany individuals tothe risks inherentwith manned aircraftflights. Additionally, no national security issue is raised by the grant ofthe requested exemptions. Given the size, load carrying capacity, speed atwhich it operates, and the factthat it carries no explosives orotherdangerous materials, the UX5 poses no threatto national security. The operation ofthe UX5, weighing less than 6 lbs., for precision surveys in accordance with the strict conditions outlined above, will provide an equivalent level ofsafety supporting the grantof the exemptions requested herein, including exempting AeroView from the requirements of Part 

### 21. The UX5's satisfaction ofthe criteria setforth in Section 333 ofthe Reform Act-size, weight, speed, operating capabilities, lack ofproximityto airports and populated areas, operation within visual line ofsight, and national security-and its showing ofan equivalent level ofsafety as it may relate to the requirement for a pilot's license, provide morethan adequatejustification forthe grant ofthe requested exemptions allowing commercial operation ofthe UX5 in the commercial precision aerial survey and photographic business.

Encl: cc: Zach Pieper Respectfully submitted,

Ryan Murguia President AeroView Services, LLC

# AeroView Services, LLC

APPENDIX A EXEMPTION REQUESTAND EQUIVALENT LEVEL OF SAFETYSHOWINGS UNDERAPPLICABLE RULES SUBJECTTO EXEMPTION
AeroView requests an exemption from the following regulations as well as any additional regulations that may technically apply to the operation ofthe UX5:


### 14 C.F.R. 

### § 45.23(b): Marking ofthe 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 neareach 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 entranceto the cabin, cockpit, or pilot station on which the word "Experimental" can be placed. Giventhe size ofthe 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 ofsafety 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 UAVwill seethe identification ofthe UAS as "Experimental." The FAA has issuedthe following exemptions tothis 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 aircraftto have a certificate ofairworthiness. Part 21, Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance ofairworthiness certificates as required by FAR 

### § 91.203(a)(1). Given the size ofthe aircraft (5.51bs.) and the limited operating area associated with its utilization, it is unnecessaryto gothrough the certificate ofairworthiness process under Part 21 Subpart H to achieve or exceed current safety levels. Such an exemption meets the requirements ofan equivalent level ofsafety under Part 11 and Section 333 ofthe Reform Act. The Federal Aviation Act and Section 333 ofthe Reform Act both authorize the FAAto exempt aircraftfrom the requirement for an airworthiness certificate, upon consideration ofthe size, weight, speed, operational capability, and proximity to airports and populated areas ofthe UAS involved.

## AeroView Services, LLC

In this case, an analysis ofthese criteria demonstrates thatthe 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 61bs. fully loaded. It will notcarry a pilot or passenger, will notcarry flammable fuel, and will operate exclusivelywithin an area pre-disclosed and in compliance with conditions setforth herein. Operations underthis exemption will be tightly controlled and monitored by both the operator, pursuantto the conditions setforth above, and by local public safety requirements. The FAAwill have advance notice ofall operations through the filing of NOTAMs. Receipt ofthe prior permission ofthe land owner, the size ofthe aircraft, the lack offlammable fuel, and the fact that the aircraft is carried to the location and notflown there all establish the equivalent level of safety. The UX5 construction with absorbent material provides at least an equivalent level of safety to that ofsuch operations being conducted with conventional aircraftthat 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 aircraftthat carries a pilot, passengers, and cargo, the UX5 in this case is remotely controlled with no passengers or property ofothers on board. Section 61.133(a) requires an individual with a commercial pilot's licenseto be pilot in command ofan aircraftfor compensation or hire. AeroView respectfully proposes that operator requirements should take into accountthe characteristics ofthe particular UAS. Trimble's UX5 has a high degree of pre-programmed control and various built-in technical capabilities that strictly limitthe potential foroperation outside ofthe operating conditions setforth in the exemption application. The UX5 has a semi-autonomous navigation and control system comprised ofa 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 ofholding at present position; suspension ofmission; fly back to launch point; fly to point and hold; abort mission and land; and emergency power cut offand land (FlightTermination System).
Additional automated safety functions and safety enhancing features ofthe UX5 include the following: • Auto-pilot detection oflost GPS or of insufficient satellites initiates an immediate spiral landing. Low power on the aircrafttriggers escalating alarms at GCS at 35% and 10% levels

. • Ifthe auto-pilot detects a lost-link to the GCSfor longerthan 30 seconds, landing procedure begins. • The UX5 is inherently unstable, so autopilotfail will result in very rapid exitfrom flight. Aircraft has an on-board failsafe that limits speed in the event ofdiveto 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 ofthe 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 ofthe UAS. The manufacturer's training program has been reviewed through the SAC process. An SAC was issuedforthe UX5 on August 28, 2014. AeroView notes thatthe FAA has found that safety factors 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, 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 ofthe UX5without an airworthiness certificate, no standard will existfor airworthiness ofthe 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 & Inspection Manual and Safety Checklist), an equivalent level ofsafety will be achieved by ensuring compliance with the Trimble UX5 manuals priorto eachflight.


### 14C.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) Forwhich an Airplane or Rotorcraft Flight Manual is not required by §21.5 ofthis 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 ofthe UX5, it has no ability or place to carry such a flight manual on the aircraft, not only becausethere is no pilot on board, but becausethere is no room or capacity to carry such an item on the aircraft.
The equivalent level ofsafety will be achieved by keeping the flight manual (see, e.g., User Guide, Exhibit4) atthe ground control point where the pilot flying the UAS will have immediate

# AeroView Services, LLC

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 ofa control box that communicates with the aircraftvia 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-programmed flight. Ifinstruction is accomplished through atraining program, as setforth in Exhibit 2, an equivalent level ofsafety will be assured. The FAA has approved exemptions for flight training without fully functional dual controls for a numberofaircraft and forflight instruction in experimental aircraft. See Exemption Nos. 5778K & 9862A. The equivalent level ofsafety will be achieved by the manufacturer providing the training as outlined, for example, in Exhibit 2 and through the use ofexperienced and qualified pilots familiar with the UX5.
14 CFR

### § 91.119: Minimum Safe Altitudes Section 91.119 establishes safe altitudes foroperation ofcivil aircraft. Specifically, 91.119(c) limits aircraftflying over areas otherthan congested areas to 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 500 feet to any person, vessel, vehicle, or structure.
As setforth herein, the UX5will neveroperate at higherthan 400feetAGL. 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 ofsafety will be achieved given the size, weight, speed, and material with which the UX5 is built. Also, noflight will be taken withoutthe permission ofthe land owner or thosewho control the land. Because ofthe advance notice tothe landowner, all affected individuals will be aware ofthe 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 feetAGL. Indeed, the low-altitude operations ofthe UAS will maintain separation between these smaii-UAS operations and the operations ofconventional aircraftthat mustcomply with Section 91.119.
14C.F.R. 

### § 91.151(a): Fuel Requirements for Flight in VFR Conditions
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

# AeroView Services, LLC
point ofintended 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 afterthat for at least45 minutes."
The UXS batteries provide approximately 50 minutes ofpowered flight. Without an exemption from§ 14 CFR 91.151, the UAS'sflights would be limited to approximately 20 minutes in length. Given the limitations on its proposed operations and the location ofthose proposed operations, a longer time frame forflight in daylight VFR conditions is reasonable.
AeroView believes that an exemption from 14 CFR § 91.151(a) is safe and within the scope ofa prior exemption. See Exemption 10673 (allowing Lockheed Martin Corporation to operate without compliance with 91.151(a)). Operating the small UAS, without 30 minutes ofreserve fuel does not engenderthe type of risks that Section 91.151(a) was meantto prevent given the size and speed atwhich the UAS operates. Thefactthat 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 eventthatthe UXS should run out offuel, it would simply land. Given its weight and construction material, the risks are less than contemplated by the current regulation.
AeroView believes that an equivalent level ofsafety can be achieved by maintaining 10 minutes of reservefuel, which, allowing 40 minutes offlight time, would be more than adequate to return the UASto its planned landing zone from anywhere in its operating area. Trimble holds an Exemption from this FAR, Exemption No. 10808for its X-100 UAS and applied for such an exemption forthe UXS as part ofits 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) ofthis section or a special flight authorization issued under§91.715 is displayed atthe cabin or cockpit entrance sothat it is legibleto passengers or crew. The UXS fully loaded weighs no morethan 6 lbs. As such, there is no ability or place to carry certification and registration documents orto display them on the UAS. In addition, there is no pilot on board the aircraft.
An equivalent level ofsafety will be achieved by keeping these documents atthe ground control point wherethe pilotflying the UAS will have immediate access to them. The FAA has issued numerous exemptions to this regulation. A representative sample ofother exceptions includes Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700.

# AeroView Services, LLC

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 orowner "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 Part43; Section 91.409(a)(2) requires an annual inspection forthe issuance ofan airworthiness certificate. Section 91.417(a) requires the owner oroperatorto keep records showing certain maintenance work that has been accomplished by certificated mechanics, under Part43, or licensed pilots and records ofapproval ofthe aircraftfor return to service. Maintenance ofthe UXS will be accomplished by the owner/operator pursuantto the manuals, such as Exhibit 3, provided by the manufacturer. An equivalent level ofsafety will be achieved becausethe 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 ofTrimble's SAC application, the operator of UXS will ensure thatthe UAS is in working order priorto initiating flight, perform required maintenance, and keep a log ofany maintenance that is performed. Moreover, the operator is the person mostfamiliar with the aircraft and is best suited to maintain the aircraft in an airworthy condition and to ensure an equivalent level ofsafety.
The UXS's Maintenance Manual provides for replacement ofthe airframe every 50 hours offlight. This will ensure an equivalent level ofsafety to the maintenance requirements in Part 91. In addition, between such airframe replacements, should a mechanical issue arise, the aircraftwill either return to its launch site or immediately land.

## AeroView Services, LLC

APPENDIX B SUMMARY OFTRIMBLE SECTION 333 EXEMPTION REQUEST
AeroView hereby provides pursuantto Part 11 a summary ofits exemption application to allow commercial operation ofthe UX5 unmanned aircraft in precision aerial survey work. An exemption is requested fromthe following regulations:

14 C.F.R. Part21: 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).