W233 N2080 Ridgeview Parkway  Waukesha, WI 53188-1020  Tel. (262) 542-5733 

~Raw Materials > AA Master Documents > US DOT-20151207-Ruekert and Mielke Exemption for UXS and ZSX.docx~ 

December 7, 2015 

U. S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE 

Washington, DC 20590 

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

 and Part 11 of the Federal Aviation Regulations Based Upon Exemption 11110B 

Issued to Trimble Navigation Limited 

Dear Sir or Madam: 

Ruekert & Mielke Inc. (“Applicant”) herewith applies for the issuance of an exemption 

under Section 333 of the FAA Modernization and Reform Act of 2012 (“Reform Act”) based 

upon Exemption 11110 issued to Trimble Navigation Limited (“Trimble”) on December 10, 

2014, as amended on May 7, 2015 and July 23, 2015 with the issuance of Exemptions 11110A 

and 11110B in FAA Docket 2014-0367. 

The requested exemption would allow Applicant to operate the UX5, the UX5 hp and 

the ZX5 aircraft manufactured by Trimble. Applicant notes that, in Exemption 11257, the FAA 

also recently authorized use of the Trimble UX5 by a third party under conditions like those in 

Exemption 11110A.1

 Applicant hereby confirms that it will accept the conditions in Exemptions 

11110A and 11257. 

Applicant aircraft will be used to conduct aerial surveys and perform aerial data 

collection for agriculture, mining, and other purposes, but not for closed set filming (hereinafter 

“the Purpose”). Applicant hereby applies for an exemption from the listed Federal Aviation 

Regulations (“FARs”) to allow commercial operation of its small unmanned aerial vehicles 

(“sUAVs”), so long as such operations are conducted within and under the conditions outlined 

herein or as may be established by the FAA in an exemption granted under either Section 333 

or Section 49 U.S.C. §44701(f). 

As this exemption request is identical to the already issued precedent, this request 

should qualify for summary processing as the FAA has already provided public notice of and 

granted similar exemptions. The FAA has issued exemptions in circumstances similar in all 

material respects to those presented in this petition. In numerous exemptions, the FAA has 

found that the enhanced safety achieved using an unmanned aircraft (“UA”) with the 

specifications described by the petitioners and carrying no passengers or crew, when 

compared to flights of much larger manned aircraft that carry crew in addition to flammable 

fuel, gives the FAA good cause to find that the sUAV operation enabled by the exemptions 

 

1

 Exemption No. 11257 to Montana Land Surveys (see Docket No. FAA-2014-0889). 
U. S. Department of Transportation 

Summary Processing: 

December 7, 2015 

Page 2 

serves the public interest.2 In those cases, use of the proposed sUAV not only enhanced 

safety but also fulfilled the Secretary of Transportation’s (the FAA Administrator’s) 

responsibility to “. . . establish requirements for the safe operation of such aircraft systems in 

the national airspace system.” Section 333(c) of the Reform Act.

The name and address of the applicant is: 

Chris Ruetten 

Ruekert & Mielke Inc. 

W233 N2080 Ridgeview Parkway 

Waukesha WI, 53188 

Regulations from which the exemption is requested: 

14 C.F.R. 61.23(a) and (c) 

14 C.F.R. 61.101(e)(4) and (5) 

14.C.F.R. 61.113(a) 

14 C.F.R. 61.315(a) 

14 C.F.R. 91.7(a) 

14 C.F.R. 91.119(c) 

14 C.F.R. 91.121 

14 C.F.R. 91.151(a)(1) 

14 C.F.R. 91.405(a) 

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

14 C.F.R. 91.409(a)(1) and (2) 

14 C.F.R. 91.417(a) and (b) 

This exemption application is expressly submitted to fulfill Congress’ goal in passing 

Sections 333(a) through (c) of the Reform Act. This law directs the Secretary of 

Transportation to consider whether certain unmanned aircraft systems may operate safely in 

the national airspace system (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 sUAVs 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 sUAV’s size, weight, speed, and operational capability; 

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

 Operation of the sUAV within visual line of sight of the operator. 

 

2

 Exemption Nos. 11062 to Astraeus Aerial (see Docket No. FAA−2014−0352),11109 to Clayco, Inc. (see Docket No. 

FAA−2014−0507), 11112 to VDOS Global, LLC (see Docket No. FAA−2014−0382), and 11213 to Aeryon Labs, Inc. (see Docket 

No. FAA−2014−0642). 
U. S. Department of Transportation 

Summary Processing: 

December 7, 2015 

Page 3 

Reform Act § 333(a). Lastly, if the Secretary determines that such vehicles “may operate 

safely in the national airspace system, the Secretary shall establish requirements for the safe 

operation of such aircraft in the national airspace system.” Id. § 333(c) (emphasis added).3

The Federal Aviation Act, in addition to the authority granted by Section 333 of Reform 

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 § 40101 of the Act, from 

the requirement that all civil aircraft, which includes sUAVs, must have a current airworthiness 

certificate.4

The sUAVs that Applicant proposes to use are fixed wing and weigh 55 or fewer lbs. 

including payload. They operate, under normal conditions, at a speed of no more than 87 

knots. They will operate at altitudes of no more than 400 feet, as further explained, and only 

within line of sight. They will operate as set forth in the manuals attached in this request. 

Operations in compliance with these manuals will ensure that the sUAV will “not create a 

hazard to users of the national airspace system or the public”5

 and that the aircraft will operate 

in compliance with the conditions set forth in this application. 

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY/NATIONAL SECURITY 

The Applicant states that operating in compliance with the conditions set forth in 

Exemption 11110B will provide an equivalent level of safety for the operation of the UX5, UX5 

hp, and ZX5. Approval of exemptions allowing commercial operations of sUAVs for aerial data 

collection will enhance safety by reducing risk. Conventional operations, using jet or piston 

power aircraft, operate at extremely low altitudes just feet from the subject being photographed 

and in extreme proximity to people and structures and present the risks associated with 

vehicles that weigh in the neighborhood of 6,000 lbs., carrying large amounts of jet A or other 

fuel (140 gallons for jet helicopters). Such aircraft must fly to and from the project location. In 

contrast, a sUAV weighing fewer than 55 lbs. and powered by batteries eliminates virtually all 

of that risk given the reduced mass and lack of combustible fuel carried on board. The sUAV 

is carried to the target area and not flown. The sUAV will carry no passengers or crew and, 

therefore, will not expose them to the risks associated with manned aircraft flights. These 

lightweight aircraft operate at slow speeds, close to the ground, and in areas that are under 

the control of the operator and, as a result, are far safer than conventional operations 

conducted with larger manned aircraft operating in close proximity to the ground and people. 

 

3

 Applicant interprets this provision to place the duty on the Administrator to not only process applications for exemptions 

under section 333, but for the Administrator to craft conditions for the safe operation of the sUAV, if it should be determined that 

the conditions set forth herein do not fulfill the statutory requirements for approval. 

4

 “The Administrator may grant an exemption from a requirement of a regulation prescribed under subsection (a) or (b) of this 

section or any sections 44702-44716 of the Transportation Act if the Administrator finds the exemption in the public interest.” 49 

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

5

 Section 333(b) of the Reform Act. 
U. S. Department of Transportation 

Summary Processing: 

December 7, 2015 

Page 4 

Given the small size of the sUAVs involved and the restricted environment within which 

they will operate, Applicant falls squarely within that zone of safety (an equivalent level of 

safety) in which Congress envisioned that the FAA must, by exemption, allow commercial 

operations of sUAVs to commence immediately. Also, due to the size of the sUAVs, the 

restricted areas in which they will operate, and the fact that they will be flown by pilots holding 

at least an FAA sport or recreational pilot license, approval of the application presents no 

national security issue. 

PUBLIC INTEREST 

The FAA has granted exemptions to the regulations listed on page 2 in the exemptions 

cited above. As discussed in detail for each of these regulations in the attached Appendix A, 

the public interest will be served by an exemption because, with respect to each, operation in 

compliance with the requested conditions will ensure an equivalent level of safety. As also 

explained at length in Trimble’s original Section 333 exemption request submitted on May 30, 

2014, the grant of the requested exemption is in the public interest given the clear direction in 

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

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

public benefit derived from, among other things, the enhanced safety and reduced 

environmental impact, including the reduced emissions associated with allowing battery 

powered sUAVs instead of turbine or gas powered aircraft. 

********* 

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the 

Federal Register, should it be determined that publication is needed: 

Applicant seeks an exemption from the following rules: 

14 C.F.R. §§61.23(a) and (c ), 61.101(e )(4) and (5), 61.113(a), 61.315(a), 91.7(a), 

91.119(c), 91.121, 91.151(a)(1), 91.405(a), 91.405(a)(1), 91.409(a)(1) and (2), and 91.417(a) 

and (b) to operate commercially a small unmanned vehicle (55 lbs. or less) in motion picture 

and television operations and aerial data collection. 

 
U. S. Department of Transportation 

Summary Processing: 

December 7, 2015 

Page 5 

Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012 – size, 

weight, speed, operating capabilities, proximity to airports and populated areas and operation 

within visual line of sight and national security – provide more than adequate justification for 

the grant of the requested exemption allowing commercial operation of applicant’s sUAV for 

the Purpose outlined herein and are consistent with exemptions already granted, including 

Exemption 1110A. Accordingly, the applicant respectfully requests that the FAA grant the 

requested exemption without delay. 

Very truly yours, 

RUEKERT & MIELKE, INC. 

Christopher J. Ruetten, P.L.S. 

Professional Land Surveyor 

cruetten@ruekert-mielke.com

CJR:jkc 

cc: File 

 
U. S. Department of Transportation 

Summary Processing: 

December 7, 2015 

Page 6 

APPENDIX A

14 C.F.R. § 61.23(a) and (c): Medical Certificates: Requirement and Duration 

Sections 61.23(a) and (c) address the requirement of medical certificates for pilots. 

Section 61.23(a) requires a person exercising the privileges of a recreational pilot to hold at 

least a third class medical certificate. Section 61.23(c) permits the holder of a sport pilot 

certificate to act as PIC of a light-sport aircraft with either a medical certificate or U.S. issued 

driver’s license. Light-sport aircraft may weigh up to 1,430 pounds and seat up to two 

persons, including the pilot. Comparatively, the Trimble craft will weigh fewer than 55 pounds, 

and it will not carry pilots, passengers, or cargo. The UAS will also be operated within visual 

line of sight of the PIC and below 400 feet above ground level and limited to operations with 

permission over private or controlled-access property. 

Given these safety parameters, Applicant requests that the FAA waive Section 

61.23(a) upon a finding that an equivalent level of safety will be provided by allowing operation 

of the Trimble craft by pilots with a recreational or sport pilot certificate and a valid U.S. state 

issued driver’s license, in lieu of an FAA-issued medical certificate. Applicant also requests 

that the FAA grant relief from Section 61.23(c) to allow sport pilot certificate holders to operate 

aircraft other than light-sport aircraft with a valid U.S. issued driver’s license. The FAA has 

granted exemptions to conduct similar operations in a number of cases, including Exemption 

11213. 

14 C.F.R. Part 61: Private Pilot Privileges and Limitations: Pilot in Command 

Sections 61.113 (a) & (b) limit private pilots to non-commercial operations. 

Section 61.315(a) addresses the privileges and limitations of the holder of a sport pilot 

certificate. 

Because the sUAV will not carry a pilot or passengers, the proposed operations can 

achieve the equivalent level of safety of current operations by requiring the PIC operating the 

aircraft to hold a certificate issued by the FAA authorizing operation of any aircraft (ATP, 

Commercial, Private, Recreational or Sport). Unlike a conventional aircraft that carries the pilot 

and passengers, the sUAV is remotely controlled with no living thing on board. The area of 

operation is controlled and restricted, and all flights are planned and coordinated in advance 

as set forth in the manual. The level of safety provided by the requirements included in the 

manuals exceeds that provided by a single individual holding a commercial pilot’s certificate 

operating a conventional aircraft. The risks associated with the operation of the sUAV are so 

diminished from the level of risk associated with commercial operations contemplated by Part 

61 when drafted, that allowing operations of the sUAV as requested with any certificate issued 

by the FAA as the PIC greatly exceeds the present level of safety achieved by 14 C.F.R. Part 

61. The FAA has granted exemptions for private and sport or recreational pilots to conduct 

similar operations in Exemptions 11062, 11213, 11360 and 11447.
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14 C.F.R. § 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 Trimble craft will never operate at higher than 400 feet AGL. 

They 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 400 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 Trimble craft are built. Also, no flight will be taken without the 

permission of the landowner 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 the Trimble craft 

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 the same altitude. 

Indeed, the low-altitude operations of the sUAV will maintain separation between these sUAV 

operations and the operations of conventional aircraft that must comply with Section 91.119. 

The FAA has granted exemptions to conduct similar operations in Exemptions 11062, 11213, 

11360 and 11447. 

14 C.F.R. § 91.121: Altimeter Settings 

This regulation requires each person operating an aircraft to maintain cruising altitude 

by reference to an altimeter that is set “...to the elevation of the departure airport or an 

appropriate altimeter setting available before departure.” As each sUAV model in at least one 

operating mode will not have a barometric altimeter, but instead a GPS altitude read out, an 

exemption will be needed. An equivalent level of safety will be achieved by the operator, 

pursuant to the manuals, confirming the altitude of the launch site shown on the GPS altitude 

indicator before flight. The FAA has granted exemptions to conduct similar operations in 

Exemptions 11062, 11213, 11360 and 11447. 

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

Section 91.151 (a) 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 fly after that for at least 45 

minutes.” 
U. S. Department of Transportation 

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December 7, 2015 

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The battery powering the sUAV limits the duration of a flight. To meet the 30-minute 

reserve requirement in 14 C.F.R. § 91.151, sUAV flights would be severely limited, in some 

cases to approximately 10 minutes in length. Given the limitations on the sUAV’s proposed 

flight area and the location of its proposed operations within a predetermined area, a longer 

time frame for flight in daylight or night VFR conditions is reasonable. 

Applicant believes that an exemption from 14 C.F.R. § 91.151(a) falls within the scope 

of prior exemptions. See Exemption 10673 (allowing Lockheed Martin Corporation to operate 

without compliance with FAR 91.151 (a)). Operating the sUAV, in a tightly controlled area 

where only people and property owners or official representatives who have signed waivers 

will be allowed, with less than 30 minutes of reserve fuel, does not engender the type of risks 

that Section 91.151(a) was intended to alleviate given the size and speed of the sUAV. 

Applicant believes that an equivalent level of safety can be achieved by limiting flights 

to five minutes of reserve time on the batteries. This restriction would be more than adequate 

to return the sUAV to its planned landing zone from anywhere in its limited operating area. 

Similar exemptions have been granted to other operations in Exemptions 2689F, 5745, 10673, 

10808 and Exemptions 11062, 11213, 11360 and 11447. 

14 C.F.R. Part 91: 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. 

Given that these sections and Part 43 apply only to aircraft with an airworthiness 

certificate, these sections will not apply to the applicant. Maintenance will be accomplished by 

the operator pursuant to the manuals. An equivalent level of safety will be achieved because 

these sUAVs are very limited in size and will carry a small payload and operate only in areas 

for limited periods of time. If mechanical issues arise, the sUAV can land immediately since it 

will be operating from no higher than 400 feet AGL. As provided in the manuals, the operator 

will ensure that the sUAV is in working order prior to initiating flight, perform required 

maintenance, and keep a log of any maintenance performed. Moreover, the operator is the 

person most familiar with the aircraft and best suited to maintain the aircraft in an airworthy 

condition in order to provide the equivalent level of safety. The FAA has granted exemptions 

for similar operations in Exemptions 11062, 11213, 11360 and 11447.