### July 15, 2015

Exemption No. 12060 Regulatory Docket No. FAA

–2015

– 1334

Ms. Linda Dean Glover Co

- Owner, Vice President Field Data Solutions, Inc. dba Electronic Data Solutions 154 1 st 

### Avenue West Jerome, ID 83338
Dear Ms. Glover : This letter is to inform you that we have granted your request for exemption. It transmits our decision, explains its basis, and gives you the conditions and limitations of the exemption, including the date it ends. By letters dated April 24 and June 17, 2017 , you petitioned the Federal Aviation Administration (FAA) on behalf of El ectronic Data Solutions (hereinafter petitioner or operator) for an exemption. The petitioner requested to operate an unmanned aircraft system (UAS) to conduct aerial surveys and data collection from agriculture, mining, and other purposes
. See Appendix A for the petition submitted to the FAA describing the proposed operations and the regulations that the petitioner seeks an exemption

. The FAA has determined that good cause exists for not publishing a summary of the petition in the Federal Register because the requested exemption would not set a precedent, and any delay in acting on this petition would be detrimental to the petitioner.
Airworthiness Certification
The UAS proposed by the petitioner are the Trimble UX5 and Trimble UX5 hp.

### 2

In accordance with the statutory criteria provided in Section 333 of Public Law 112

−95 in reference to 49 U

. S

. C

. § 44704, and in consideration of the size, weight, speed, and limited operating area associated with the aircraft and its operation, the Secretary of Transportation has determined that this aircraft meets the conditions of Section 333. Therefore, the FAA finds that the relief from 14 CFR part 21 , Certification procedures for products and parts, Subpart H

— Airworthiness Certificates , and any assoc iated noise certification and testing requirements of part 36, is not necessary. The Basis for Our Decision You have requested to use a UAS for aerial data collection 1



### . The FAA has issued grants of exemption in circumstances similar in all material respects to those presented in your petition. In Grants of Exemption No s
. 11062 to Astraeus Aerial (see Docket No. FAA−2014−0352), 11109 to Clayco, Inc. (see Docket No. FAA

−20 14

−0507), 11112 to VDOS Global, LLC ( see Docket No. FAA−2014−0382), and 11213 to Aeryon Lab s , Inc. (see Docket No. FAA−2014−0642), the FAA found that the enhanced safety achieved using an unmanned aircraft (UA) with the specifications described by the peti tioner and carrying no passengers or crew, rather than a manned aircraft of significantly greater proportions, carrying crew in addition to flammable fuel, gives the FAA good cause to find that the UAS operation enabled by this exemption is in the public i nterest. Having reviewed your reasons for requesting an exemption, I find that

—

 They are similar in all material respects to relief previously requested in Grant of Exemption Nos. 11062, 11109, 11112, and 11213 ;
 The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and 11213 also apply to the situation you present; and

 A grant of exemption is in the public interest.
Our Decision In consideration of the foregoing, I find that a grant of exemption is in the public interest. Therefore, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701, delegated to me by the Administrator, Electronic Data Solutions is granted an exemption from 14 CFR §§ 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 the extent necessary to allow the petitioner to op erate a UAS to perform aerial data collection. This exemption is subject to the conditions and limitations listed below.

1 Aerial data collection includes any remote sensing and measuring by an instrument(s) aboard the UA. Examples include imagery (photography, video, infrared, etc.), electronic measurement (precision surveying, RF analysis, etc.), chemical measurement (particulate measurement, etc.), or any other gathering of data by instruments aboard the UA.

### 3

Conditions and Limitations
In this grant of exemption, Electronic Data Solutions is hereafter referred to as the operator.
Failure to comply with any of the conditions and limitations of this grant of exemption will be grounds for the immediate suspension or rescission of this exemption.
1. Operations authorized by this grant of exemption are limited to the Trimble UX5 and Trimble UX5 hp when weighing less than 55 pounds including payload. Proposed operations of any other aircraft will require a new petition or a petition to amend this exemption

. 2. Operations for the purpose of closed

- set motion picture and television filming are not permitted.
3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The exemption holder may use either groundspeed or calibrated airspeed to determine compliance with the 87 knot speed restriction. In no case will the UA be operated at airspeeds greater than the maximum UA operating airspeed recommended by the aircraft manufacturer.
4. The UA must be operated at an altitude of no more than 400 feet above ground level (AGL). Altitude must be reported in feet AGL.
5. The UA must be operated within visual line of sight (VLOS) of the PIC at all times. This requires the PIC to be able to use human vision unaided by any device other than corrective lenses, as specified on the PIC’s FAA

- issued airman medical certificate or U.S. driver’s license.
6. All operations must utilize a visual observer (VO). The UA must be operated within the visual line of sight (VLOS) of the PIC and VO at all times. The VO may be used to satisfy the VLOS requirement as long as the PIC always maint ains VLOS capability. The VO and PIC must be able to communicate verbally at all times ; electronic messaging or texting is not permitted during flight operations. The PIC must be designated before the flight and cannot transfer his or her designation fo r the duration of the flight. The PIC must ensure that the VO can perform the duties required of the VO.
7. This exemption and all documents needed to operate the UAS and conduct its operations in accordance with the conditions and limitations stated in thi s grant of exemption, are hereinafter referred to as the operating documents. The operating documents must be accessible during UAS operations and made available to the Administrator upon request. If a discrepancy exists between the conditions and limitations in this exemption and the procedures outlined in the operating documents,

### 4

the conditions and limitations herein take precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in its operating documents. The operator may update or revise its operating documents. It is the operator’s responsibility to track such revisions and present updated and revised documents to the Administrator or any law enforcement official upon request. The operator must also present up dated and revised documents if it petitions for extension or amendment to this grant of 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 an amendment to its grant of exemption. The FAA’s UAS Integration Office (AFS− 80) may be contacted if questions arise regarding updates or revisions to the operating documents.
8. Any UAS that has undergone maintenance or alterations that affect the UAS op eration or flight characteristics, e.g. , replacement of a flight critical component, must undergo a functional test flight prior to conducting further operations under this exemption. Functional test flights may only be conducted by a PIC with a VO and mu st remain at least 500 feet from other people. The functional test flight must be conducted in such a manner so as to not pose an undue hazard to persons and property.
9. The operator is responsible for maintaining and inspecting the UAS to ensure that it i s in a condition for safe operation.
10. Prior to each flight, the PIC must conduct a pre

- flight inspection and determine the UAS is in a condition for safe flight. The pre

- flight inspection must account for all potential discrepancies, e.g. , inoperable comp onents, items, or equipment. If the inspection reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited from operating until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight.
11. The operator must follow the UAS manufacturer’s maintenance, overhaul, replacement, inspection, and life limit requirements for the aircraft and aircraft components.
12. Each UAS operated under this exemption must comply with all manufacturer safety bulletins.
13. Under this grant of exemption, a PIC must hold either an airline transport, commercial, private, recreational, or sport pilot certificate. The PIC must also hold a current FAA airman medical certificate or a valid U.S. driver’s license issued by a state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal government. The PIC must also meet the flight revi ew requirements specified in 14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.

### 5

14. The operator may not permit any PIC to operate unless the PIC demonstrates the ability to safely operate the UAS in a manner consistent with how the UAS will be operated under this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PIC qualification flight hours and currency must be logged in a manner consistent with 14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs (training, proficiency, and experience

-building) and determining the PIC’s ability to safely operate the UAS in a manner consistent with how the UAS will be operated under this exemption are permitted under the terms of this exemption. However, training operations may only be conducted during dedicated training sessions. During training, proficiency, and experience

- building flights, all persons not essential for flight operations are considered nonparticipants, and the PIC must operate the UA with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119.
15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All operations must be conducted under visual meteorological conditions (VMC). Flights under special visual f

light rules (SVFR) are not authorized.
16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as denoted in the current FAA Airport/Facility Directory (AFD) or for airports not denoted with an ARP, the center of the airport symbo l as denoted on the current FAA

-published aeronautical chart, unless a letter of agreement with that airport’s management is obtained or otherwise permitted by a COA issued to the exemption holder. The letter of agreement with the airport management must be made available to the Administrator or any law enforcement official upon request.
17. 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.
18. If the UAS loses communications or loses its GPS sign al, the UA must return to a pre
- determined location within the private or controlled

- access property. 19. The PIC must abort the flight in the event of unpredicted obstacles or emergencies.
20. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough available power for the UA to conduct the intended operation and to operate after that for at least five minutes or with the reserve power recommended by the manufacturer if greater.
21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All operations shall be conducted in accordance with an ATO

- issued COA. The exemption holder may apply for a new or amended COA if it intends to con duct operations that cannot be conducted under the terms of the attached COA

.

### 6

22. 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.
23. Documents used by the operator to ensure the safe operation and flight of the UAS and any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the PIC at the Ground Control Station of the UAS any time the aircraft is operating. These documents must be made available to the Administrator or any law enforcement official upon request.
24. The UA must remain clear and give way to all manned aviation operations and activities at all times.
25. The UAS may not be operated by the PIC from any moving device or vehicle.
26. All Flight operations must be conducted at least 500 feet from all nonparticipating persons, vessels, v ehicles, and structures unless: a. Barriers or structures are present that sufficiently protect nonparticipating persons from the UA and/or debris in the event of an accident. The operator must ensure that nonparticipating persons remain under such protectio n. If a situation arises where nonparticipating persons leave such protection and are within 500 feet of the UA, flight operations must cease immediately in a manner ensuring the safety of nonparticipating persons ; and b. The owner/controller of any vessels, vehicles or structures has granted permission for operating closer to those objects and the PIC has made a safety assessment of the risk of operating closer to those objects and determined that it does not present an undue hazard. The PIC, VO, operator trainees or essential persons are not considered nonparticipating persons under this exemption.
27. All operations shall be conducted over private or control led

- access property with permission from the property owner/controller or authorized representative. Permission from property owner/controller or authorized representative will be obtained for each flight to be conducted.
28. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the operational area as defined by the applicable COA must be reported to the FAA's UAS Integration Office (AFS− 80) within 24 hours. Accidents must be reported to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov

.

### 7

If this exemption permits operations for the purpose of closed

- set motion picture and television filming and production, the following additional conditions and limitations apply.
29. The operator must have a motion picture and television operations manual (MPTOM) as documented in this grant of exemption.
30. At least 3 days before aerial filming, the operator of the UAS affected by this exemption must submit a written Plan of Activities to the local Flight Standards District Office (FSDO) with jurisdiction over the area of proposed filming. The 3

- day notification may be waived with the concurrence of the FSDO. The plan of activities must include at least the following: a. Dates and times for all flights; b. Name and phone number of the operator for the UAS aerial filming conducted under this grant of exemption; c. Name and phone number of the person responsible for the on

- scene operation of the UAS; d. Make, model, and serial or N−Number of UAS to be used; e. Name and certificate number of UAS PICs invol ved in the aerial filming; f. A statement that the operator has obtained permission from property owners and/or local officials to conduct the filming production event; the list of those who gave permission must be made available to the inspector upon request ; g. Signature of exemption holder or representative; and h. A description of the flight activity, including maps or diagrams of any area, city, town, county, and/or state over which filming will be conducted and the altitudes essential to accomplish the operati on. 31. Flight operations may be conducted closer than 500 feet from participating persons consenting to be involved and necessary for the filming production, as specified in the exemption holder’s MPTOM. Unless otherwise specified in this grant of exemption , the UAS, the UAS PIC, and the UAS operations must comply with all applicable parts of 14 CFR including, but not limited to, parts 45, 47, 61, and 91.

### 8

This exemption terminates on July 31, 2017 , unless sooner superseded or rescinded. Sincerely, /s/ John S. Duncan Director, Flight Standards Service

Enclosures

### 24 April 2015

U.S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE Washington, DC 20590

Re: Application for Issuance of Section 333 Exemption Based upon Exemption 11110 Issued to Trimble Navigation Ltd.

Dear Sir or Madam, Field Data Solutions, Inc

. dba Electronic Data Solutions (“Elecdata”) herewith applies for the issuance of an exemption und er Section 333 of the FAA Modernization and Reform Act of 2012 based upon Exemption 11110 issued to Trimble Navigation Ltd. (“Trimble”) on December 10, 2014 in FAA Docket 2014

- 0367. The requested exemption would allow Elecdata to operate the UX5 aircraft manufactured by Trimble or other Trimble aircraft approved for commercial operations under Exemption 11110, as amended, such as the UX5hp for which an amendment has been filed. Elecdata notes that the FAA recently authorized use of the Trimble UX5 by a th ird party in Exemption No. 11257, Regulatory Docket No. FAA

–2014

–0889, on April 2, 2015, under updated conditions, and Elecdata hereby confirms that it will accept such conditions as well as those set forth in Exemption No. 11240, Regulatory Docket No. FAA

- 2014

- 0894. The name and contact information for the applicant are: Linda Dean Glover Field Data Solutions, Inc. dba Electronic Data Solutions 154 1 st 

### Ave W Jerome , ID 83338 Phone: ( 208 ) 324

- 8006 linda @elecdata.com Elecdata intends to operate the UX5 or the UX5hp from Trimble and will operate it in strict compliance with the conditions set forth in Exemption 11110, as such conditions may be amended or modified by the FAA from time to time, as was done in Exemption Nos. 11240 and 11257, or such other conditions as the FAA shall specify, and the following manuals: 1) Trimble UX5 Data Sheet; and

### 2) Trimble UX5 Aerial Imaging Solution User Guide (User Guide)

Copies of these manuals are attached. These manuals are very simi lar to the manuals submitted by Trimble in support of the issuance of Exemption 11110, updated to reflect changes reported in Trimble’s March 4, 2015 amendment to Exemption 11110. The manuals will be updated by Trimble, as needed to reflect any changes to Exemption 11110, based on amendments thereto. Elecdata acknowledges that under current FAA guidance a separate Certificate of Waiver or Authorization (“COA”) is required to fly at altitudes in excess of 200 feet AGL, and it will apply for COAs where requi red. Elecdata hereby requests a blanket COA for flights up to 200 feet AGL in the form approved by the FAA. Elecdata will also file NOTAMs for its flights, as required. To the extent necessary, Elecdata refers the FAA to the original exemption and the a mended exemption requests submitted by Trimble in Docket FAA

- 2014

- 0367 for demonstration of the public interest and an equivalent level of safety. Because the UX5 and the UX5hp specified in this request are the same or, essentially the same, as the craft a lready approved in Exemption 11110, and Elecdata will operate the aircraft in strict compliance with the conditions in existing exemptions previously granted by the FAA, or as they may be amended, notice need not be provided in the Federal Register nor pub lic comment solicited. 1 

### If you have any questions, please contact the undersigned. Very truly yours,

Linda Dean Glover Co

- Owner, VP/Secretary Field Data Solutions, Inc. dba Electronic Data Solutions 154 1 st 

### Ave W Jerome , ID 83338

1 Applicant reads Section 333 as placing the duty on the Administrator not only to process applications for exemptions under Section 333 but, if he determines that the conditions set forth herein do not fulfill the statutory requirements for approval, to craft conditions for the safe operation of the UAS.

### Enclosure

cc: Ja m es W illi a m s R obe rt P appas Thuy Cooper D ean G r i ff i t h , E s q. Ja m es Ki r k l and Ky l e G il be rt sonJune 17 , 2015
U. S

. Department of Transportat ion Docket Management System 1200 New Jersey Ave ., SE Washington , DC 20590

Re : Summary Processing : E xe mption Request Under Section 333 of the FAA Reform Act and Part 11 of the Federal Aviat ion Regulations Based Upon E xe mption 1111 OA Issued to Trimble Navigation Limited
Dear Sir or Madam : Field Data Solutions, Inc dba Electronic Data Solutions (Eiecdata) ("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 E xemptio n 11110 issued to Trimble Navigation Limited (" Trimble " ) on De cember 10, 2014 , as amended on May 7 , 2015 with iss uance of E xe mption 11110A in FAA Do cke t 2014-0367. The requested exemption would allow Applicant to operate the U X5 and the U X5 hp aircraft manufactured by Trimble or other Trimble aircraft approved for commercial operations under E xe mptions 11110 and 1111 OA. as they may be amended in the future

. Appli ca nt notes that, in E xemptio n 11257, the FAA also recently authorized use of the Trimble U X5 by a third party under conditions like those in E xe mption 1111 OA. 1 Applicant hereby co nfirms th a t it will accept the conditions in E xemp tions 1 111 OA and 11257

. Applicant aircraft will be used to conduct aerial surveys and perform aerial data collection for agri c ulture , mining , and other purposes , but not for closed set filming (he reinafter

" 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 condu cte d within and under the conditions outlined herein or as may be established by the FAA in an e xe mption granted under either Se ction 333 or Se ction 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 ha s 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 e xem ptions, the FAA has found that the enhanced safety achieved using an unmanned aircraft ( " UA " ) with the specifications described by the petitioners and ca rrying 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 f i nd that the sUAV operation enabled by the exemptions serves the public interest. 2 In those cases, use of the proposed s UAV not only enhanced safety but also fulfilled

E xempt ion No

. 11257 to Montana Land Surveys (see Docket No

. FAA-2014-0889 )

. 2 E xe mption Nos

. 11062 to Astraeus Aer ia l (see Docket No

. FAA-2014-0352) , 111 09 to Clayco , Inc

. (see Doc ke t 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 Transp ortation June 17 , 2015 Page 2

the Secretary of Transp ortation ' s (the FAA Administrator ' s) responsibility to "

... estab li sh requirements for the safe operation of such aircraft systems in the national airspace sys tem. " Section 333(c) of the Re form Act.
The name and address of the applicant is : Lind a Dean Glover El ectron i c D ata Solutions 154 1 51 Ave

. W Jerome, ID 83338 208-324-8006
Regulations from wh i ch 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. 61.1 13 (a) 14 C

. F

. R. 61.3 15 (a) 14 C.F.R. 91.7(a) 14C

. 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)
Thi s exemption appl i cation is expressly s ubmitted to fulfill Congress ' goa l in passing Sections 333(a) through (c) of the Reform Act. This l aw directs the Secretary of Transportation to consider whet her ce rt ain unmanned airc r aft 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 Sec retary is required to determ in e which types of sUAVs do not create a hazard to users of the NAS or the public or pose a threat to national secu ri ty in light of the fo ll owing :

• The s UA V ' s size, weight, speed, and operational capabi lity ; • Operation of the sUAV in close proximity to ai rport s and populated areas ; and • Operation of the sUAV within visual line of s i ght of the operator. Reform Act § 333(a). L astly , if the Secretary determines that such vehicles " may operate safely in the national airspace system , the Secretary shall estab l ish requirements for the safe operation of s uch airc raft in the national airs pace system ." 

### /d

. § 333( c ) (emphasis a d ded)

. 3

3 Applicant interprets this provision to place the duty on the Administrator to not on l y proce ss applications for exemptions under sect i on 333, but for the Administrator to craft condition s 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.U

. S. Dep artment of Transportat ion June 17 , 2015 Page 3

The Federal Aviation Act, in addition to the authority granted by Section 333 of Reform Act, expressly grants the FAA the authority to i ssue exempt ion s. This statutory authority by its terms includes exempting civil aircraft , as the term i s defined under § 40101 of the Act, from the requirement that all c ivil aircraft, which includes s UAVs , must have a cur rent airworthiness certificate

. 4
The s UA Vs 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. The y will operate as set forth in the confide n tia l manuals attached hereto and made a part hereof (attachments i nc luded with previous subm iss ion)

. 5 Operations in co mplianc e with these manuals will ensure that the sUAV will " not create a hazard to users of the national airspace system or the public " 6 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 Appl i cant states that operating in compliance with the conditions set forth in E xemption 1111 OA will prov i de an equivalent level of safety for the operation of the U X5 and U X5 hp

. Approval of exemptions allowing commercial ope ration s of s UAVs 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 pro x imity to people and structures and present the risks associated with vehicles that weigh in the neighborhood of 6,000 lbs ., ca rrying 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 batte ries eliminates virtually all of that r isk given the reduced mass and lack of combustible fuel carried on board

. The sUAV is ca rried to the target area and not flown. The sUAV will carry no passengers or crew and, therefore , w ill 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 conventiona l operations conducted with larger manned aircraft operating in close proximity to the ground and people

.

4 " The Administrator may grant an e xempt ion from a requirement of a regulation prescribed under subsection (a) or (b) of this section or any sections 44702-44716 of the Transportat ion 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 Appli cant has marked the manuals " CONFIDENTIAL " and separately submitted them

. Applicant requests that these manuals be maintained in confidence and not be placed in the public docket or otherwise disclosed to the public. As the information contained in the manuals includes trade secrets and commercial information that is confidential and not made available to the public, it is exempt from disclosure under the Freedom of Information Act, 5. U.S

. C

. § 552(b) and 14 C

. F

. R. Part 11

. Should the FAA receive a request for access to these manuals , Applicant requests notification of such request prior to any action being taken by the FAA , as it may relate to the request. 6 Section 333(b) of the Reform Act.U

. S

. Department of Transportation June 17, 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 restr icted 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 wi l l ensure an equivalent level of safety. As also explained at length in Trimble ' s original Section 333 exemption request submitted on May 30, 2014, t he 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, includ i ng 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. l(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 (551bs. or less) in motion picture and television operations and aerial data collection. Satisfaction of the criter i a prov i ded in Section 333 of the Reform Act of 2012 -size , weight, speed, operating capabi liti es, pro xi mity 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 e x emption allowing commercial operation of applicant's sUAV for t he Purpose outlined herein and are consistent with exemptions already granted, i ncluding E xemp tion 111 OA. Accordingly , the applicant respectfully requests that the FAA grant the requested e xemption without delay

. 

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# l/~ Li a Dean Glover F

j ld Data Solutions , In c. dba Electro nic Data SolutionsU

. S

. Department of Transportat i on June 17, 2015 Page 5

cc : William Crozier Robert Pappas Jake Troutman Dean Gr iffith Thuy H

. Cooper

### APPENDIX A

14 C.F

. R. § 

### 61.23(a) and (c): Medical Certificates: Requirement and Duration Sections 61.23(a) and (c) address th e requirement of medical certificates for pi lots. Section 61.23(a ) requires a pe rs on exercising the privileges of a recreational pilot to hold at least a third class medical certi fi cate. 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 li cense. Light-sport aircraft may weigh up to 1 ,430 pounds and seat up to two persons, including the pilot. Comparatively , the Trimble c raft w ill weigh fewer than 55 pounds , and it will not carry p ilot s, 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 operat ion s with perm i ssion 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 opera ti on of the Trimble c raft by pilots with a recreational or sport pilot certifica t e and a valid U .S. sta t e issued driver's li cense, in lieu of an FAA-i ssued 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 airc raft with a va lid U

. S

. issued driver ' s li cense. The FAA ha s gran ted exemptions to conduct similar operations in a number of cases, including Exempt i on 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-commercia l operat ions. Section 61.315(a) addresses the p ri vileges and limit ations of the holder of a sport pilot certificate. Because the s UAV will not carry a pilot or passenge r s , the proposed operations can achieve the equivalent level of safety of current operations by requiring the PIC operating the aircraft to hold a cert ifi cate issued by the FAA authorizing ope rat ion of an y a ircraft (ATP, Commercia l , Pri va te , Recreat i onal o r Sport)

. Unlike a conventional aircraft that carries the pilot and passengers , the sUAV is remotely controlled with no living thing on board

. T he area of ope rat ion i s contro lled and rest ri cted , and all flights are planned and coord inat ed in advance as set forth in the manual. The level of safety provided by the requirements inc lu ded 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 contemp lat ed by Pa rt 61 when drafted, that allowing operations of the s UA V as req u ested with any certificate issued by the FAA as the PI C greatly exceeds the present leve l of safety achieved by 14 C.F.R. Part 6 1. The FAA has g r anted exemptions for private and sport o r rec rea tiona l pilots to conduct similar operations in E xempt ion s 11062 , 11213 , 11360 and 11447

. 

### 14 C.F.R. 

### § 91.119: Minimum Safe Altitudes Section 91 .1 19 establishes safe altitudes for operation of civil aircraft. Specifica lly, 91.119( c) limit s aircraft flying over a r eas other than congested areas to an altitude of 500 feet above the surface , except over open water or sparsely popu lat ed areas. In those cas es, the aircraft may not be ope r ated closer than 500 feet to any person, vesse l , vehicle, or structu r e

.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 relat ively 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 Tr imb le 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 t o 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 alt itude. 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 Exempti ons 11062, 11213 , 11360 and 11447

. 

### 14 C.F.R. 

### § 91.121: Altimeter Settings This regulation requires each person operating an aircraft to maintain cru i s i ng 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 ope rating 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 , pursuan t 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 fl ight in an airplane under V FR cond itions 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) Dur i ng the day , to fly after that for at least 30 minutes; or (2) At night , to fly after tha t for at l east 45 minutes. " 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 limi te d , i n some cases to approximately 10 minutes in length

. Given the limitat ions on the s UAV 's p r oposed flight area and the location of its proposed operations with in a predetermined area, a longer time frame for flight i n daylight or night VFR co nditions is reasonable. Applicant bel ie ves that an exemption from 14 C

. F

. R. 

### § 91.151(a) falls with in the scope of prior exemptions

. See Exemption 10673 (a llowing Lo ckhee d 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 representat ives who ha ve signed wa i vers will be allowed , with les s than 30 minutes of reserve fue l , does not engender the type of risk s that Section 91.151(a) was intended to alleviate given the size and speed of the s UAV.Applicant believes that an equivalent le vel of safety can be achieved by l imi t i ng f li ghts to five minutes of reserve time on the batteries. Th is re strictio n would be more than adequate to return the sUAV to its planned landing zone from anywhe re in its lim ited operating area

. Similar exemptions have been granted to other ope rations in E xemptions 2689F, 5745 , 10673 , 10808 and Exemptions 11062, 112 1 3, 11 360 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 requi red i nspections, except as prov ide d in paragraph (c) of th i s section, have discrepancies repaired as prescribed in part 43 of this chapte r
.... " 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 airworth ine ss certif i cate. Section 9 1.417 (a ) requires the owner or operator to keep records showing certa i n maintenance work that has been accomplished by certificated mechanics, under Part 43, or licensed pilots and records of approval of the aircraft for re turn to service. Given that these sections and Part 43 apply only to airc r aft with an a i rworthiness certificate , these sections w ill not apply to the applicant. Maintenance wil l 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 immediate l y since it wi ll be operating from no higher than 400 feet AGL

. As provided in the manua l s , the operator will ensure that the sUAV is in wo rking order prior to initiating flight, perform require d maintenance , and keep a log of any maintenance performed. Moreover , the operator i s the person most familiar with t he aircraft and best suited to maintain the aircraft i n an a i rworthy cond i tion in order to provide the equivalent level of safety. The FAA has granted exempt i ons for similar opera t ions in E xemptions 11062 , 11213 , 11360 and 11447.