UNITED S TATES OF AMERI CA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION

WASHI NGTON, DC Regulatory

Docket No.

_
**IN THE MATTER OF THE PETITION FOR EXEMPTION OF:** 

**COMPASSDATA, INC. FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS**  **OF**

**TITLE 14 OF THE CODE OF FEDERAL REGULATIONS**  **, SECTIONS,**  61.113(a) and (b); 91.7(a); 91.119(c); 91.151(a); 91.405(a); 91.407(a)(1); 91.409(a) and 91.417(a) **CONCERNING OPERATION OF AN UNMANNED AIRCRAFT**  **SYSTEM OVER THE**  **STATES OF ARIZONA (AZ), COLORADO (CO),**  **MINNESOTA (MN), MONTANA (MT), NORTH DAKOTA (ND), NEBRASKA (NE), NEW MEXICO (NM), SOUTH DAKOTA (SD),**  **TEXAS (TX),**  **UTAH (UT) AND WYOMING (WY) PURSUANT TO SECTION 333**  **OF THE**  **FAA MODERNIZA TION AND REFORM ACT OF**  **2012**

Submitted 22 January 2015
Hayden Howard Vice President CompassData, Inc. 12353 E. Easter Ave. Centennial, CO 801122 **TABLE OF CONTENTS**  Page GLOSSARY OF ABBREVIATIONS
................................ ................................ ................. 3 OVERVIEW
................................ ................................ ................................ ........................ 4 IN TRODUCTION AND INTERESTS OF PETITIONER
................................ .................. 4 BACKGROUND
................................ ................................ ................................ ................. 5 BASI S FOR PETITION
................................ ................................ ................................ ....... 6 NAME AND ADDRESS OF PETITIONER
................................ ................................ . 6 THE SPECIFI C SECTIONS OF 14 C.F.R. FROM WHI CH COMPASSDATA, INC. SEEKS EXE MPTION
................................ ................................ ................................ ... 7 THE EXTENT OF RELIEF COMPASSDATA, INC. SEEKS AND THE REASON COMPASSDATA, I

NC. SEEKS THE RELIEF
................................ ........................... 7 THE REASONS WHY GRANTING COMPASSDATA, INC.'S REQUEST WOULD BE IN THE PUBLIC IN TEREST
................................ ................................ ............... ..7 THE REASONS WHY GRANTING THE EXEMPTI ON WOULD NOT ADVERSELY AFFECT SAFETY
................................ ................................ .............. 11 SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER
.......... 25 CONCLUSI ON
................................ ................................ ................................ ................. 26 EXHIBIT 1

– Trimble Section 333

– Grant of Exception N. 11110 EXHIBIT 2
- Trimble UX5 Safety Check List EXHIBIT 3
- Trimble UX5 Maintenan ce & Inspection Manual EXHIBIT 4
- Trimble UX5 User Guide EXHIBIT 5
- Trimble RPAS Training Manual (NOT E: Exhibits No. 2, 3, 4, and 5 c ontain CONFIDENTIAL INFORMATION and should not be made available to the PUBLIC)3 **GLOSSARY OF ABBREVIATIONS**  AGL Above Ground Level ATC Air Traffic Control COA Certificate of Authorization FAA Federal Aviation Administration FAR Federal Aviation Regulation NAS National Airspace System Section 333 FAA Modernization and Reform Act of 2012, Section 333 SMS Safety Management Sy stem UAS Unmanned Aircraft System VFR Visual Flight Rules VMC Visual Meteorological Conditions4 **OVERVIEW** COMPASSDATA, I

NC. seeks exemption from the requirements of Title 14 C.F.R. Sections 61.113(a) and (b); 91.7(a); 91.119(c); 91.151(a); 91.405(a); 91.407(a)(1); 91.409(a) and 91.417(a) . This exemption will permit COMPASSDATA, I NC. to operate an Unmanned Aircraft Sy stem (“UAS”) over certain rural areas in the S tates of AZ, CO, MN, MT, ND, NE, NM, SD, TX, UT and WY while keeping the documents required b y the regulations at the ground control station and immediately accessible to the pilot in command. Furthermore, the exemption will relieve COMPASSDATA, INC. from the airworthiness certificate standards and the requirement to have a certificate of airworthiness issued for its UAS. This exemption will also permit any required markings concerning the operational status of the UAS to be displayed on the fuselage of the unmanned aircraft
.

**INTRODUCTION AND INTERESTS OF THE PETITIONER**  COMPASSDATA, I

NC. (here inafter referred to as “CompassData ”) is a 20 ye ar - old design, geospatial and infrastructure management firm with a long and well
- recognized history in mapping and surveyin g. CompassData excels in the collection and processing of aerial imagery from airborne and satellite platforms for the purpose of making highl y accurate aerial maps for a range of clients and various applications. CompassData has recently acquired a Trimbl e UX5 Unmanned Aircraft Sy stem (hereinafter referred to as the “UX5 UAS” ) . As set f orth in this p etition for exemption , CompassData seeks to operate its UX5 for the special purpose of aerial photograph y for use in mapping and land surveying applications. CompassData is a professional mapping surveying organization with licensed surveyors in numerous states; certified mapping professionals; and the company has earned AC20
- 153(a) & RTCA
- DO200A and ISO
- 9001:2008 certifications.5 **BACKGROUND** The Unmanned Aircraft Sy stem UX5 for which CompassData seeks exemption is a UAS designed and built by

Trimble Navigation Limited. Trimble has applied for and received a Special Airworthiness Certificate for this aircraft and , additionally Trimble has received a Grant of Exemption No. 11110 t o commerciall y operate this aircraft. CompassData seeks an exemption to operate a UX5 UAS under the same terms and c onditions as have been granted to Trimble. It is CompassData’s intention to operate UX5 UAS serial number UX500415 with registration number 1 N 501HH , for compensation or hire within the national airspace
s ys tem (“NAS”)
. The UX5 UAS is classified as a small UAS weighing approximately six pounds and construc ted primarily of EPP (expanded poly prop ylene). The c omplete sy stem consists of the unmanned aircraft body with on
- board camera , the Trimble Tablet Rugged PC Ground Control Station (GCS), portable ground launcher, and operating software. The UX5 UAS is equipped with a single motor and propeller powered b y a lithium poly mer battery
.

1 CompassData has res erved registration number N501HH , and has submitted an Aircraft Registration Application to: FAA Aircraft Registration Branch in Oklahoma City , OK.6 6 **BASIS FOR PETITION**  Petitioner, COMPASSDATA, INC., hereb y petitions the Administrator for an exe mption from: Title 14 C.F.R. Sections 61.113(a) and (b); 91.7(a); 91.119(c); 91.151(a); 91.405(a); 91.407(a)(1); 91.409(a) and 91.417(a) . The specific details regarding this request for exemption are included in the Trimble Navigation Limited Grant of Exemption No.11110 which is incorporated herewith as part of the CompassData exemption application as Exhibit 1. The exemption would allow operation by CompassData of the UX5 UAS for the purpose of precision aerial photography for use in mapping and land survey applications.

**Name a nd Address of**  **t he**  **Petitioner** The name and address of the Petitioner is: CompassData, Inc
. 12353 E Easter Ave. Centennial, CO 80112 The point of contact for this Petition and specific contact information is as follows: Hayden Howard , Vice President 12353 E Easter Ave. Centennial, CO 80112 Email: haydenh@compassdatainc.com 1
- 303
- 627
- 40587 7 **(1) EXEMPTION REQUEST AND EQUIVALENT LEVEL OF SAFETY SHOWINGS** 

**UNDER APPLICABLE RULES SUBJECT TO EXEMPTION**  **A. CompassData**  **requests an exemption from the following regulations as well as**  **any additional regulations that may technically apply to the operation of the**  **UX5:** The following is a list of the exemptions with a discussion of the equivalent level of safety for each item for which ex emption is being requested. CompassData is in full concurrence with Trimble’s request and agrees to comply with the equivalent level of safety statements in the Trimble Grant of Exemption No.11110 (Exhibit 1)
.
14 C.F.R. § 61.113(a) & (b); Private Pilot Privileges and Limitations; Pilot in Command; Commercial Pilot Privileges and Limitations. 14 C.F.R. § 91.7(a): Civil aircraft airworthiness. 14 C
. F
. R
. § 91.119 (c) : Minimum Safe Altitudes 14 C .F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions 14 C .F.R. § 91.405(a); 407(a)(1); 409(a)(2); 417(a): Maintenance Inspections
**B. The Reasons Why Granting**  **CompassData ’s Request Would be in t**  **he Public**  **Interest; That Is, How It Would Benefit the Public a**  **s a Whole.**  Granting the present Petition will further the public interest by allowing CompassData to safel y, efficientl y, and economically perform aerial ac quisition and research over the S tates of AZ, CO, MN, MT , ND, NE, NM, SD, TX, UT and WY performing mapping and land survey applications in support of government entities, scientific studies, wildlife monitoring, and civil construction , while also furthering8 8 the development of the nation’s econom y related to the oil and gas industries. Additionally , use of the UX5 UAS will decrease congestion of the NAS, reduce pollution, and provide significant benefits to the economy and the environment
. Notably , the benefits of the proposed operation of the UX5 will be realized without impacting an y privacy

issues.

**C.** The Public Will Benefit From Aerial Acquisition a nd Research Performed CompassData submits this Petiti on to perform precision aerial photography throughout the states of AZ, CO, MN, MT, ND, NE, NM, SD, TX, UT and WY , in support of government entities, commercial enterprises, and research institutions , the oil and gas industries , mining and environmental compliance . The UX5 UAS will provide safe, e fficient, and economical aerial acquisition and research operations to further each of these fields, all of which are critical to the well
- being of the general public. The specific operations that CompassData will perform using the UX5 UAS provide many advantages compared to traditional land survey and manned aerial photograph y operations. The use of the UX5 UAS will allow for timely , less costly and more site specific data capture than is possible with traditional methods. The ty pes of work planned for the UX5 UAS include, but are not limited to, facility inspections, surveying and planning new worksites, performing right of way anal ys is , environmental monitoring, and remediation planning and monitoring
. **D. The Public Will Ben**  **efit From Decreased Congestion of t he**  **NAS.** The UX5 UAS uses an electric motor propulsion sy stem that is powered b y a9 9 battery . This serves as a safe, efficient, and economical , non - polluting alternative to the manned aircraft traditionally utilized to obtain aerial photography . Use of the UX5 for these planned applications will significantly reduc e the number of manned aircraft used to perform aerial acquisitions in these regions. The requested exemptions allowing the use of a UX5 UAS will also have the added benefit of reducing noise and air pollution, as well as increasing the safety of life and property in the air and on the ground. The size, weight and mass of this small UAS as compared to manned aircraft will greatly enhance the safety of acquiring precision survey

data. Furthermore, b y reducing the number of manned aircraft operating in the NAS, congestion around airports caused b y arriving and departing aircraft will be reduced. The UX5 UAS does not require an airport to takeoff or land. L ikewise, a reduction of manned aircraft conducting aerial survey missions would result in fewer aircraft that must be handled by air traffic control during the ground, takeoff, departure, arrival, and landing phases of flight operations. **E. The Public Will Benefit Fro**  **m the Safety and Efficiency o f t**  **he UX5**  **UAS.** Conducting aerial acquis itions with the UX5 UAS, instead of manned aircraft, will greatl y benefit the public by drasticall y reducing the levels of air and noise pollution generated during traditional aerial survey flight operations. By using battery power and an electric motor, the UX5 UAS produces no ai r pollution, and is the most viable environmentally conscious alt ernative to the cabin class, internal combustion twin engine aircraft that are typically used for aerial photography today
. The UX5 UAS, while reducing the carbon footprint of aerial acquisitions, also eliminates noise pollution as its battery powered electric motor is barely audible during the take
- off phase, and cannot be heard when operating more than10 10 100 feet above ground level. By using the UX5 UAS to perform aerial acquisitions, the subs tantial risk to life and property in the air and on the ground, which is usually associated with traditional manned aircraft flight operations, will be substantially reduced or completely

eliminated. **F. Performing Aerial Acquisition Op**  **erations w ith t**  **he UX5 U** **AS Will Benefit t**  **he Economy**  CompassData is Woman Owned Small Business encouraging business development and job growth with interest in utilizing the new UAS professional sy stems. Thro ugh its early entrance into the use of the UX5 UAS CompassData has found that the UX5 UAS to be safe, efficient and an economical alternative to using manned aircraft to conduct aerial acquisitions. As such, operation of the UX5 UAS will allow United State s based companies, like CompassData , to remain competitive and contribute to growth of the U.S. econom y. Specifically, increasing operational cost s due to increasing aviation fuel prices and the costs of Environmental Protection Agency (“ EPA ”) regulatory

a ctions , U.S. owned and operated companies must adopt new and alternative technology in order to remain competitive. By operating the UX5 UAS, companies such as CompassData can remain competitive and profitable, and therefore provide greater job stability to employees and contractors, which will ultimately contribute to growth of the U.S. economy
. Improved financial performance of U.S. companies, through comm ercial use of the UX5 UAS, provides a stable workforce that increases consumer spending; improves local, state, and federal tax revenues; and allows companies to invest in11 11 research and development in order to remain competitive
. **G. Privacy**  **Issue Concerns** Like the manned aerial acquisition flight operations that have been conducted in the United S tates fo r more than 90 years , the proposed use of the UX5 UAS will not create privacy

issues nor will it violate any privacy laws when being used for the purposes stated in this petition . Specifically , the UX5 UAS will be operated only in rural areas, and in accordance with all Federal Aviation Regulations, including the minimum and maximum altitude requirements of 14 C.F.R. § 91.119. Most si gnificantly, the UX5 UAS will not be operated closer than 500 feet to any person, vessel, vehicle, or structure, except when necessary for takeoff or landing.
**(2) EXEMPTION REQUEST AND EQUIVALENT LEVEL OF SAFETY SHOWINGS** 

**UNDER APPLICABLE RULES SUBJECT TO EXEMPTION**  CompassData requests an exemption from the following regulations as well as any additional regulations that may technicall y appl y t o the operation of the UX5:

**14 C.F .R. § 61.113(a)**  **: Private Pilot Privileges and Limitations; Pilot in Command;**  **Commercial Pilot Privileges and Limitations.** Section 61.113(a) limit s private pilots to non
- commercial operations. Unlike a conventional aircraft that carries a pilot, passengers, and cargo, the UX5 UAS is remotely controlled
carryi ng no pilot, no passengers or freight on board. CompassData respectfully proposes that operator requirements should take into account the characteristics of the particular UAS. The12 12 UX5 UAS has a high degree of pre
- programmed control and various built
- in technical capabilities that strictly

limit the potential for operation outside of the operatin g conditions set forth in the exemption application. The UX5 UAS has a semi
- autonomous navigation and control sy stem comprised of a Ground Control Station (GCS) and auto
- pilot sy stem. All flights are pre - programmed with precision GPS guidance and do not re quire human intervention. Flight mission area and routing cannot be changed after launch. Flights are not directed b y 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; abo rt mission and land; and emergency power cut off and land (Flight Termination Sy stem). Additional automated safety functions and safety enhancing features of the UX5 UAS 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.

- If the UX5 UAS auto - pilot fail s the craft will immediatel y execute a very rapid exit from flight with a gentle downward spiral to the ground
.

- Aircraft has an on
- board failsafe that limits speed in the event of dive to approximately 14 m/s.13 13 - The aircraft, weighing less than 6 lbs., fully l oaded, is constructed of EPP foam, or similar material which is intended to absorb impact energy
.

- The motor is driven b y a pulse width modulated signal, not an analog signal.
Give n these safety features, CompassData proposes that operators of the UX5 UAS should not be required to hold a commercial pilot certification. CompassData 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 Sy stems (UAS) Operational Approval, at 20
- 21 (July

30, 2013). The FAA has the statutory authority , granted at 49 U.S.C.§44 701(f) to waive the pilot requirements for commercial operations. Given these conditions and restrictions, an equivalent level of safety will be provided by allowing operation of the UX5 UAS by individuals with a valid private pilot’s certificate
. Un der the conditions set forth herein, the risks associated with the operation of the UX5 UAS (given its size, speed, operational capabilities, and lack of combustible fuel) are so diminished from the level of risk associated with other commercial operations contemplated by Part 61 with conventional aircraft (fixed wing or rotorcraft), that allowing operations of the UAS as set forth above meets or exceeds the present level of safety provided under 14 C.F.R. § 61.113(a) & (b)
. **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 UAS14 14 without an airworthiness certificate, no standard will ex ist for airworthiness of the UX5 UAS
. Given the size of the aircraft and the requirements that have presumably already been met in the SAC approval process for the UX5 UAS (for instance, the UX5’s Maintenance & Inspection Manual and Safety Checklist) , an equivalent level of safety will be achieved b y insuring compliance with the Trimble UX5 UAS operations manuals (Exhibit s 2, 3, 4 and 5 ) prior to each flight.
**14 CFR § 91.119: Minimum Safe Altitudes** Section 91.119 establishes safe altitudes for operation o f civil aircraft. Specifically , 91.119(c) limits aircraft fl yi ng over areas other than congested areas to an altitude of 500 feet above the surface, except over open water or sparsel y 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 UAS will not be operate d 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 UAS is built. 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 currentl y allowed with conventional aircraft operating at or below 500 feet AGL. Indeed, the low
- altitude operations of the UAS will maintain separation between these small
- UAS operations and the operations of conventional aircraft that must comply with Section 91 .119.15 15 **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 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 fl y after that for at least 45 minutes.” The UX5 UAS 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. CompassData 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 compli ance with 91.151(a)). Operating the small UAS, without 30 minutes of reserve battery power 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 UX5 UAS flights to 20 minutes would greatl y reduce their utility . In the unlikely event that the UX5 UAS should run out of battery power , it would simply

land using a gentle downward sp iraling pattern . Given its weight and construction material, the risks are less than contemplated by the current regulation. CompassData believes that an equivalent level of safety can be achieved by maintaining 10 minutes of reserve battery power , 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.16 16 Trimble Navigation Limited was granted an Exemption from this FAR, Exemption No. 10808 for its X
- 100 UAS and an exemption for commercial operation of the UX5 UAS , Exemption No. 11110 . Similar exemptions have been granted to others, including Exemptions 2689F, 5745, and 10673. **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 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 of approval of the aircraft for return to service. Maintenance of the UX5 UAS will be accomplished by the owner/operator pursuant to the manuals, included as Exhibits 2, 3, 4 and 5 , provided as an attachment to the petition . An equivalent level of safety will be achieved because the UAS is small in size, will carry no external payload, will operate onl y in restricted predetermined areas and is not a complex mechanical devise. As provided in the attached Maintenance Manual and the Safety Checklist, the operator of UX5 UAS will ensure that the UAS is in working order prior to initiating flight, perform re quired maintenance, and keep a log of any m aintenance that is performed. Moreover, the operator is the person most familiar with the aircraft and is best suited to maintain the aircraft in an airworth y condition and to ensure an equivalent level of safety. The UX5 UAS ’s Maintenance Manual provides for17 17 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 air frame replacements, s hould a mechanical issue arise the aircraft will either return to its launch site or immediately

land. **(3) Flight Operations Pursuant To The Exemption Sought Would**  **Be Limited To Areas That Are Not In**  **The Proximity Of Airports Or Over Populated Areas.**  CompassData proposes to only conduct aerial acquisitio n flight operations over rural
areas that are not near populated areas, airports, helipads, highway s or state roads. Specifically , CompassData ’s proposed area of fli ght operations includes rural areas that are: 1. Non populated areas as depicted on VFR Sectional Aeronautical Charts; 2. Not within five (5) miles of any airport or helipad; 3. Not within one hundred (10 0 ) meters of state roads having more than two lanes; and 4. Not within fifty

(50 ) meters of state roads having two lanes or less. In summary , CompassData see ks to operate its UX5 UAS only over rural areas within the States defined above while maintaining safe distances from any populated areas, airports, helipads, or roadway s. **Flight Operations o f The**  **UX5 UAS a**  **re Limited To T**  **he Line of Sight o f A**  **Certificated Pilot in Command and**  **With A Safety Observer**  CompassData will only

utilize FAA L icensed Pilots to act as pilot i n command of the UX5 UAS. Additionally , all pilots will be assisted by a safety observe r. The pilot in command and safety

observer must meet the requirements as set forth by the UX5 Standard Operating Procedures, which is proprietary information, and is attached hereto as ( Exhibits 2, 3 , 4 and 5) and is to be held in a separate file pursuant to 1418 18 C.F.R. § 11.35(b). **Flights Will Be Conducted Pursuant To Specific Operating**  **Limitations** In seeking this exemption, CompassData proposes to commerciall y operate the UX5 UAS without satisfying the restricted category airworthiness certification process specified in 14 C.F.R. § 21.185, or otherwise having a certificate of airworthiness issued by the FAA, as contemplated by 14 C.F.R. Part 21. CompassData proposes to operate the UX5 UAS, for the special purpose of conduc ting ae rial image acquisitions , pursuant to the following specific operating limitations as approved in the Trimble Grant of Exemption No. 11110
. These operating limitations as stated in the Trimble Grant of Exemption include: 1) Operations authorized b y 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 petitio n 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 an y device other than corrective l enses, as specified on the PIC’s FAA
- issued airman medical certificate. 5) All operations must utilize a visual observer (VO). The VO may be used to satisfy the VLOS requirement as long as the PI C alway s maintains VLOS capability
. The VO and PIC must be a ble to communicate verbally at all times. The PIC must be19 19 designated before the flight and cannot transfer his or her designation for the duration of the flight. The PI C must ensure that the VO can perform the functions prescribed in the operator’s manual. 6) Provided the additional requirements identified in these conditions and limitations are added or amended, the operator’s manual is considered acceptable to the FAA. The operator’s manual and this grant of exemption must be maintained and made availabl e to the Administrator upon request. If a discrepancy exists between the conditions and limitations in this exemption and the procedures outlined in the operator’s manual, the conditions and limitations herein take precedence and must be followed. Otherwis e, the operator must follow the procedures as outlined in its o perator’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 the 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. The FAA’s UAS Integration Office (AFS
- 80) may be contacted if questions arise regarding updates or revisions to the operator’s manual. 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 b e 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 a ffect 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 PI C who20 20 conducts the functional test flight must make an entry in the UA S 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 fo llowing 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. 10) The operator must follow the manufac turer’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) CompassData must carry out it s 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 si gnature 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 Sy stem and Saf

ety Bulletins. 14) CompassData 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. 15) The PI C must possess at least a private pilot certificate and a third
- class airman medical certificate. The PI C must also meet the flight review requirements specified in21 21 14 CFR 61.56 in an aircraft in which the PI C is rated on his or her pilot certificate
. 16) Prior to operating for hire, the PI C must have completed Trimble’s five
- day UX5 Training Syllabus as outlined in the Safety Checklist. The Training Manual must also be updated to reflect the specific five day Training Syllabus presented by Trimble. 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 mini mum flight requirements are repeated here as conditions and limitations: **Remote pilot [PIC]**

- Minimum 2 flights on the UX5 as a remote pilot during the Ty pe 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:

- The flights occurred on 4 different calendar day s.

- Two long endurance flights that last near the maximum permissible enduranc e (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 Trimble operation’s manual).

- One flight with a minimum measured wind speed of 30 kph (18.64 mph). If the wind speed cannot be measured, you can provide proof from METAR as close as 25km from the weather station.22 22

- One flight with a minimum programmed leg distance of 1 km (if possible by

CAA regulations, otherwise as long as pos sible.)

- 11 flights with a different selected height where:

- 2 flights are at the minimum height

- 2 flights are at the maximum allowable height **Examiner**

- 100 flights and 20 hours (regardless of aircraft ty pe) or as approved b y 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 can also be conducted under this grant of exemption to accomplish the required flights and flight time. 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 PI C must abort the flight in the event of unpredicted obstacles or emergencies in accordance with the operator’s manual. 19) The PI C is prohibited from beginning a UX5 flight unless (considering wind and forecast weather conditions) there is enou gh power to fl y to the first point of intended landing and, assuming normal cruising speed, to fl y after that for at least 10 minutes. 20) The operator is require d to request a Notice to Airman (NOTAM) not more than 72 hours in advance, but not less than 4 8 hours prior to the operation.23 23 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 overs ight agency requirements. 23) The documents required under 14 CFR 91.9 and 91.203 must be available to the PI C 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 rem ain 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 b y the PI C 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) All 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 PI C. 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’s24 24 management is obtained, and the operation is condu cted in accordance with a NOTAM
. The letter of agreement with the airport management must be made available to the Administrator upon request. 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 C harts (WAC), Sectional Aeronautical Charts (Sectionals), or Terminal Area Charts (TAC). However, aeronautical charts may not reflect pertinent local information. Ultimately , it is the PI C’s responsibility to maintain the minimum safe altitudes required b y § 91.119. 31) Operation of the UA must be conducted at least 500 feet from all nonparticipating persons, vessels, vehicles, and structures. 32) Operations 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 PI C, VO, operator trainees and essential persons, are permitted when operationall y necessary; but never so close as to present an undue hazard, per § 91.119(a). 33) Operations 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 PI C makes a safety assessment of the risk from operations closer to these objects. 34) All operations shall be conducted over government owned, private or controlled
- access property with permission from the land owner/controller or auth orized 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 vertical25 25 boundaries of the operati onal area as defined b y 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.nts b.gov. **SUMMARY** SUMMARY OF COMPASSDATA SECTI ON 333 EXEMPTION REQUES TS CompassData hereb y provides pursuant to Part 11 a summary of its exemption application to allow commercial operation of the UX5 UAS in precision aerial survey work. An exemption is requested from the following regulations: 14 C.F.R. 61.113(a) & (b); 14 C.F.R. 91.7(a); 14 C.F.R. 91.119; 14 C.F.R. 91.151(a); 14 C.F.R. 91.405(a); 14 C.F.R. 91.407(a)(1); 14 C.F.R. 91.409(a)(2); 14 C.F.R. 91.417(a).26 26 **CONCLUSION** As set forth above, CompassData seeks an exemption pursuant to 14 C.F.R. § 11.61 and Section 333 of the FAA Modernization and Reform Act of 2012, which will permit safe operation of the UX5 UAS commercially , without an airworthiness certificate, for the special purpose of conducting aerial acquisitions over certain rural areas within the S tates of AZ, CO, MN, MT , ND, NE, NM, SD, TX, UT and WY . By granting this Petition, the FAA Administrator will be fulfilling the Congressional mandate of the FAA Modernization and Reform Act of 2012, while also advancing the interests of the public, by allowing CompassData to safel y, efficiently , and economically operate the UX5 UAS commercially

within the NAS. Dated: 22 January 2015 Respectfully submitt ed,
Hayden Howard Vice President CompassData, Inc. 12353 E Easter Ave. Centennial, CO 80112 303
- 627
- 4058

cc: James H. Williams, AFS
- 80 Robert Pappas Dean Griffith, Esq.