March 10, 2016

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE 

Washington, DC 20590

Re: Petition for Exemption under Section 333 of the FAA Reform Act and Part 11 of the Federal

Aviation Regulations

Dear Madam, Sir,

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the "Reform Act"), P.L.

112-95, "Special Rules for Certain Unmanned Aircraft Systems" and 14 C.F.R. Part 11, Thomas E. Stark

PLS (Professional Land Surveyor), and Robert Peccia and Associates (RPA) who provide Civil 

Engineering and Professional Land Surveying services throughout Montana, Idaho, North Dakota, 

Wyoming, Colorado, Washington and Alaska, seeks an exemption from the Federal Aviation Regulations

("FARs") as listed below:

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. 405(a)

14 C.F.R. 407(a)(1)

14 C.F.R. 409(a)(1) and (2)

14 C.F.R. 417(a) and (b)

Contact information for the Applicant is:

Thomas E. Stark, PLS Robert Peccia and Associates

Robert Peccia and Associates Main office:

825 Custer Ave

Helena, MT 59602

406-447-5000

toms@rpa-hln.com
Robert Peccia and Associates have the following registered pilots on staff and are available to be 

official Pilot in Command (PIC) for any necessary operations:

Rick Donaldson, PE

Private Pilot – Single Engine, Land

Bill Burkland, PE

Private Pilot – Single Engine, Land

Jason M. Smith, PLS

Private Pilot – Single Engine, Land (not current)

Keith Jensen, PE

Private Pilot – Single Engine. Land (not current)

Ryan Mitchell, PE, PLS

Private Pilot – Single Engineer, Land (not current)

RPA also owns and operates their own Cessna 172. (N734FJ)

The requested exemption would authorize Robert Peccia and Associates to perform commercial 

operations that would enhance its existing Surveying and Mapping services, including but not limited to

imaging for Digital Terrain Modeling, Civil Engineering and Design projects, GIS inventory and 

applications for Private, Local, State and Federal entities throughout our service area.

These services will be augmented by use of either or all of the following sUAV (small Unmanned Aerial 

Vehicle)/UAS (Unmanned Aircraft Systems):

The UX5 and UX5HP, which are fixed wing sUAV manufactured by Trimble Navigation Limited

("Trimble")

The ZX5 Multirotor, which is a multirotor sUAS manufactured by Trimble Navigation Limited 

(“Trimble”)

The eBee, a fixed wing sUAV manufactured by SenseFly, A Parrot Company

("SenseFly")

The requested exemption would authorize commercial operations using these sUAV/UAS for land survey

applications. These operations will be subject to strict operating and conditions defined by the

sUAV/UAS manufacturer's standards and procedures in order to ensure at least an equivalent level of

safety to currently authorized operations using manned aircrafts.

Upon receipt of the exemption contemplated herein, RPA shall, if required, obtain a Certificate of Waiver

or Authorization (COA) form the FAA Air Traffic Organization, prior to conducting operation(s) in the

NAS.
Further, the professional services to be augmented by the uses contemplated herein are, by law, 

performed under the supervision of a Registered Land Surveyor whom, by virtue of his or her experience

and licensing, technical knowledge of GPS, plane geometry, trigonometry and spherical geometry along

with a full understanding of the rights of all owners of property both above and below its limits,

inherently and uniquely make RPA a particularly well suited entity for the safe and efficient commercial

use of sUAV/UAS. 

By this petition, RPA seeks an exemption that will authorize it to use the sUAV/UAS noted above for 

commercial purposes provided its operators comply with any terms and conditions of the FAAs

anticipated grant of exemption, including the procedures and requirements set forth in the respective

manufacturer's user manuals. RPA requests the FAA treat the eBee user manual and the Trimble user

manual(s), as proprietary under 14 C.F.R. 11.35(b) and not include such documents in the public docket.

These manuals are, by reference, incorporated herein and are part of existing Petitions for Exemption

under Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations.

Under the requested exemption, RPA as operator of the sUAV/UAS will ensure that the aircraft will be

operated by the proper personnel and also under the direct supervision of a Registered Professional Land

Surveyor and by an individual who has completed the sUAV/UAS manufacturer's training program for

operation of the equipment.

1. CHARACTERISTICS OF THE AIRCRAFT

The sUAV/UAS noted above are a small and ultra-light platform that perform precision aerial mapping

missions using onboard GPS and related proprietary flight management software that allows the operator

to plan safely and efficiently a mission in 3D, and then monitor it in real- time. An embedded camera,

protected by a foam envelope, takes a collection of high-definition still images that are used later to

generate photographs, maps and contour lines of the surveyed area.

The four main characteristics of the sUAV/UAS are:

a. Very light weight

The vehicles are light enough that the operator can launch it by hand and let it land on almost any surface

without requiring a parachute or landing net (belly land). Their low kinetic energy also significantly

reduces the risk of hazardous situations. Finally, the fixed wing sUAV/UAS vehicle’s wings are

detachable and made of flexible foam with no sharp or hard edges and almost no internal strengthening 

structure.

b. Electric-powered

The sUAV/UAS are electric-powered. A brushless engine technology makes it silent and reliable. The

propeller can easily flex away in case of contact with any object.
c. Semi-automatic flight

The artificial intelligence (AI) incorporated within the sUAV/UAS autopilot system continuously

analyzes data from the Inertial Measurement Unit and from the onboard GPS and takes care of all the 

aspects of the flight under the supervision of the operator.

d. Option for Manual control

Additionally, the sUAV/UAS provide an override capability that allows the operator to take manually 

initiate autonomous actions during the flight such as "return home", "land" or, "hold and resume the

mission". The operator can also suspend automated operations and take manual control of the aircraft

should it become necessary to respond emergency circumstances, due to the remote controller provided

with the system.

2. APPLICATIONS AND ADDED VALUE OF THE sUAV/UAS

Mapping applications may include agricultural applications, mining, construction and survey/GIS

operations. There are many operational benefits related to the use of this solution:

a. The sUAV/UAS bring safety to daily survey operations: there is no need for the humans to

access dangerous working areas anymore (mines, quarries, or polluted sites). The missions can be

programmed and reproduced reliably as often as needed for regularly updated maps.

b. The sUAV/UAS are a cost-effective solution. It is cheaper to operate a sUAV/UAS rather than an

aircraft or other ground systems for the same results. Moreover, small sUAV/UAS like the eBee and the 

Trimble units can help the growing surveying and design needs of the population while reducing 

operational costs. These sUAV/UAS also enable the ability to take up new challenges -like water or

environmental management through analysis of vegetation index maps.

c. Users can save time and work more efficiently by using a sUAV/UAS. A mission does not need a long

preparation time or long deployment constraints, or long waiting time for perfect weather conditions.

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 sUAV/UAS 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/UAS size, weight, speed, and operational capability;

• Operation of the sUAV/UAS in close proximity to airports and populated areas; and
• Operation of the sUAV/UAS within visual line of sight of the operator.

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 include exempting civil aircraft, as the term is defined under§ 40101 of the Act, from the 

requirement that all civil aircraft, which includes sUAV/UAS, must have a current airworthiness 

certificate.

The sUAV/UAS that Applicant proposes to use are both fixed wing and rotorcraft 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 above ground level (AGL), as further explained, 

and only within line of sight. They will operate as set forth in the manuals provided with their purchase.

Operations in compliance with these manuals will ensure that the sUAV/UAS will '·not create a hazard to 

users of the national airspace system or the public" and that the aircraft will operate in compliance with 

the conditions set forth in this application.

3. AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY/NATIONAL SECURITY

The Applicant states that operating in compliance with the conditions set forth in Exemption 1111OA 

will provide an equivalent level of safety for the operation of the sUAV/UAS . Approval of exemptions 

allowing commercial operations of sUAV/UAS for aerial data collection will enhance safety by reducing 

risk. Conventional operations using jet or piston power aircraft, carry 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/UAS 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.

Given the small size of the sUAV/UAS 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 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.

4. PUBLIC INTEREST
The FAA has granted exemptions to the regulations listed 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. 

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 sUAV/UAS 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), 91.407(a)(1), 91.409(a)(1) and (2), and 91. 417(a) and (b) to 

operate commercially a small unmanned vehicle (551bs. or less) in motion picture and television 

operations and aerial data collection.

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/UAS for the Purpose outlined herein and are 

consistent with exemptions already granted, including Exemption 1110A. 

With this petition intended that RPA will be able to provide safe, reliable and accurate land 

surveying services and information to its clients with the use of the latest innovative technology 

associated with remotely piloted aircraft. Accordingly, the applicant respectfully requests that the 

FAA grant the requested exemption.

Your attention to this matter is appreciated. 

Respectfully submitted,

Robert Peccia and Associates

Thomas E. Stark
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 and eBee craft will weigh fewer than 55

pounds, and it will not carry pilots, passengers, or cargo. The sUAV/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 / eBee craft by pilots with at least 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 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/UAS 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/UAS 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/UAS are

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

Part 61 when drafted, that allowing operations of the sUAV/UAS 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.

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 sUAV/UAS 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 / eBee 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 / eBee 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 near 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/UAS 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

craft’s 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."

The battery powering the sUAV/UAS 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/UAS

proposed flight area (line-of-sight), the location of its proposed operations within a

predetermined area, and operations limited to daylight and VFR conditions, a shorter reserve 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/UAS, 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 create the type of risks that 

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