June 11,2015

U. S. Department ofTransportation Docket Management System 1200 NewJerseyAve., SE Washington, DC 20590 : :
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Re: Summary Processing: Exemption Request UnderSection 333 ofthe FAA Reform Act and Part 11 ofthe Federal Aviation Regulations Based Upon Exemption 1111OA Issued to Trimble Navigation Limited

Dear Sir or Madam:
California Survey and Drafting Supply ("Applicant") herewith applies forthe issuance of an exemption under Section 333 ofthe 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 with issuance of Exemption 11110A in FAA Docket 2014-0367.

The requested exemption would allowApplicantto operate the UX5 and the UX5 hp aircraft manufactured by Trimble or otherTrimble aircraft approved for commercial operations under Exemptions 11110 and 1111OA, as they may be amended in the future. Applicant notes that, in Exemption 11257, the FAA also recently authorized use ofthe Trimble UX5 by athird party underconditions like those in Exemption 1111OA. 1 Applicant hereby confirms that it will acceptthe conditions in Exemptions 1111OA and 11257. Applicant aircraftwill be used to conduct aerial surveys and perform aerial data collection for agriculture, mining, and other purposes, but notfor closed setfilming (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 underthe conditions outlined herein oras may be established by the FAA in an exemption granted undereither Section 333 or Section 49 U.S.C. §44701 (f).

As this exemption request is identical to the already issued precedent, this request should qualifyfor summary processing as the FAA has already provided public notice ofand granted similarexemptions. 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 thatthe 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 aircraftthat carry crew in addition to flammable fuel, gives the FAA good cause tofind that the sUAVoperation enabled by the exemptions serves the public interest. 2 In those cases, use ofthe proposed sUAV not only enhanced safety but also fulfilled

2 Exemption No. 11257to Montana Land Surveys (see Docket No. FAA-2014-0889). Exemption Nos. 11062to Astraeus Aerial (see Docket No. FAA-2014-0352),11109to Clayco, Inc. (see Docket No. FAA-2014-0507), 11112 to VDOS Global, LLC (see Docket No. FAA-2014-0382), and 11213to Aeryon Labs, Inc. (see Docket No. FAA-2014-0642).U. S. Department ofTransportation June 11, 2015 Page 2

the Secretary ofTransportation's (the FAAAdministrator's) responsibility to"

... establish requirements forthe safe operation of such aircraft systems in the national airspace system." Section 333(c) ofthe Reform Act.

The name and address ofthe applicant is:
Cole Moon 4733 Auburn Blvd ,Sacramento, CA, 95841 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) ofthe Reform Act. This law directs the Secretary ofTransportation to considerwhethercertain unmanned aircraft systems may operate safely in the national airspace system (NAS) before completion ofthe rulemaking required under Section 332 ofthe Reform Act. In making this determination, the Secretary is required to determinewhich types of sUAVs do not create a hazard to users ofthe NAS orthe public or pose athreatto national security in light ofthe following:

• The sUAV's size, weight, speed, and operational capability;
• Operation ofthe sUAV in close proximity to airports and populated areas; and
• Operation ofthe sUAVwithin visual line ofsight ofthe operator.
Reform Act § 333(a). Lastly, ifthe Secretary determinesthat such vehicles "may operate safely in the national airspace system, the Secretary shall establish requirements forthe safe operation ofsuch aircraft in the national airspace system." 

### /d. § 333(c) (emphasis added). 3

The Federal Aviation Act, in addition to the authority granted by Section 333 of Reform Act, expressly grantsthe FAA the authority to issue exemptions. This statutory authority by its terms includes exempting civil aircraft, as theterm is defined under§40101 ofthe Act, from the

3 Applicant interprets this provision to place the duty on the Administratorto not only process applications for exemptions undersection 333, but for the Administratorto craft conditions forthe safe operation ofthe sUAV, if it should be determined that the conditions set forth herein do not fulfill the statutory requirements for approval.U. S. Department ofTransportation June 11, 2015 Page 3

requirement that all civil aircraft, which includes sUAVs, must have a current airworthiness certificate.4

The sUAVs thatApplicant proposes to use are fixed wing and weigh 55 orfewer lbs. including payload. They operate, under normal conditions, at aspeed of no morethan 87 knots. They will operate at altitudes of no more than 400feet, as further explained, and only within line of sight. Theywill operate as set forth in the confidential manuals attached hereto and made a part hereof (Exhibits 1-1).5 Operations in compliance with these manuals will ensure thatthe sUAVwill "not create a hazard to users ofthe national airspace system orthe public"6 and that the aircraftwill operate in compliance with the conditions setforth in this application.
AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY/NATIONAL SECURITY

TheApplicant states that operating in compliance with the conditions setforth in Exemption 1111OA will provide an equivalent level ofsafetyforthe operation ofthe UX5 and UX5 hp. Approval ofexemptions allowing commercial operations ofsUAVs for aerial data collection will enhance safety by reducing risk. Conventional operations, usingjet or piston power aircraft, operate at extremely low altitudesjustfeet from the subject being photographed and in extreme proximity to people and structures and presentthe risks associated with vehicles thatweigh in the neighborhood of 6,000 lbs., carrying large amounts ofjetA or otherfuel (140 gallons forjet helicopters). Such aircraft mustfly to and from the project location. In contrast, a sUAVweighing fewerthan 55 lbs. and powered by batteries eliminates virtually all ofthat risk given the reduced mass and lack ofcombustible fuel carried on board. The sUAV is carried to the target area and notflown. The sUAVwill carry no passengers or crew and, therefore, will not expose them to the risks associated with manned aircraftflights. These lightweight aircraft operate at slow speeds, close to the ground, and in areas that are underthe control ofthe operator and, as a result, are far saferthan conventional operations conducted with larger manned aircraft operating in close proximity to the ground and people.
Given the small size ofthe sUAVs involved and the restricted environmentwithin which they will operate, Applicantfalls squarely within that zone of safety (an equivalent level of safety) in which Congress envisioned thatthe FAA must, by exemption, allow commercial operations ofsUAVs to commence immediately. Also, due to the size ofthe sUAVs, the restricted areas in which they will operate, and the fact thattheywill be flown by pilots holding at

4 ''TheAdministrator may grant an exemption from a requirement of a regulation prescribed undersubsection (a) or (b) ofthis section orany sections 44702-44716 ofthe Transportation Act ifthe Administratorfinds 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 Applicant has marked the manuals "CONFIDENTIAL" and separately submitted them. Applicant requests thatthese manuals be maintained in confidence and not be placed in the public docket orotherwise 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 exemptfrom disclosure underthe Freedom of Information Act, 5. U.S.C. § 552(b) and 14 C.F.R. Part 11. Should the FAA receive a requestfor access to these manuals, Applicant requests notification ofsuch request priorto any action being taken by the FAA, as it may relate to the request.

6 Section 333(b) ofthe Reform Act.U. S. Department ofTransportation June 11, 2015 Page 4

least an FAA sport or recreational pilot license, approval ofthe 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 ofthese regulations in the attached AppendixA, the public interestwill be served by an exemption because, with respect to each, operation in compliance with the requested conditions will ensure an equivalent level ofsafety. As also explained at length in Trimble's original Section 333 exemption request submitted on May 30, 2014, the grant ofthe requested exemption is in the public interest given the clear direction in Section 333 ofthe Reform Act; the authority included in the Federal Aviation Act, as amended; the strong equivalent level ofsafety surrounding the proposed operations; and the significant public benefit derived from, among otherthings, the enhanced safety and reduced environmental impact, including the reduced emissions associated with allowing battery powered sUAVs instead ofturbine or gas powered aircraft.

*********

Pursuantto 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: Applicantseeks 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), and91.417(a) and(b) to operate commerciallya small unmanned vehicle (551bs. orless) in motionpicture andtelevision operations andaerialdata collection.
Satisfaction ofthe criteria provided in Section 333 ofthe Reform Act of2012- size, weight, speed, operating capabilities, proximity to airports and populated areas and operation within visual line ofsight and national security- provide more than adequatejustification forthe grant ofthe requested exemption allowing commercial operation ofapplicant's sUAVforthe Purpose outlined herein and are consistent with exemptions already granted, including Exemption 111OA. Accordingly, the applicant respectfully requests thatthe FAA grantthe requested exemption without delay.

cc: William Crozier Robert Pappas JakeTroutman Dean Griffith Thuy H. Cooper Very



### Jl11~/yours,



# Co'~~n------------------- California Survey and Drafting SupplyAPPENDIX 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 ofa recreational pilot to hold at least athird class medical certificate. Section 61.23(c) permits the holderofa sport pilot certificate to act as PIC ofa light-sport aircraftwith eithera medical certificate or U.S. issued driver's license. Light-sport aircraft mayweigh up to 1,430 pounds and seat up to two persons, including the pilot. Comparatively, the Trimble craftwill weigh fewerthan 55 pounds, and itwill not carry pilots, passengers, orcargo. The UAS will also be operated within visual line ofsight ofthe PIC and below400feet above ground level and limited to operations with permission over private or controlled-access property.
Given these safety parameters, Applicant requests that the FAAwaive Section 61.23(a) upon afinding that an equivalent level ofsafetywill be provided by allowing operation ofthe Trimble craft by pilots with a recreational orsport pilot certificate and avalid U.S. state issued driver's license, in lieu ofan FAA-issued medical certificate. Applicant also requests thatthe FAA grant relieffrom Section 61.23(c) to allowsport pilot certificate holders to operate aircraft otherthan light-sport aircraftwith avalid U.S. issued driver's license. The FAA has granted exemptions to conduct similar operations in a numberofcases, 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 ofthe holderofa sport pilot certificate.

Because the sUAVwill not carry a pilot or passengers, the proposed operations can achieve the equivalent level ofsafety ofcurrent operations by requiring the PIC operating the aircraftto 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 ofsafety 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 ofthe sUAV are so diminished from the level of risk associated with commercial operations contemplated by Part 61 when drafted, that allowing operations ofthe 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.

14 C.F.R. § 91.119: Minimum Safe Altitudes

Section 91.119 establishes safe altitudes for operation ofcivil aircraft. Specifically, 91.119(c) limits aircraft flying over areas otherthan congested areas to an altitude of500 feet above the surface, except over open water orsparsely populated areas. In those cases, the aircraft may not be operated closerthan 500 feet to any person, vessel, vehicle, or structure.As setforth herein, the Trimble craft will never operate at higherthan 400 feetAGL. Theywill, 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 400feet AGL, an exemption from Section 91.119(c) is needed.

The equivalent level ofsafety will be achieved given the size, weight, speed, and material with which the Trimble craft are built. Also, no flight will be taken withoutthe permission ofthe landowner orthose who control the land. Because ofthe advance notice to the landowner, all affected individuals will be aware ofthe surveyflights. 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 belowthe same altitude. Indeed, the low-altitude operations ofthe sUAVwill maintain separation between these sUAV operations and the operations ofconventional aircraft that must complywith Section 91.119. The FAA has granted exemptions to conduct similar operations in Exemptions 11062, 11213, 11360 and 11447.

14C.F.R. 

### § 91.121: Altimeter Settings

This regulation requires each person operating an aircraftto maintain cruising altitude by reference to an altimeterthat is set "

...to the elevation ofthe departure airport or an appropriate altimetersetting 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 ofsafetywill be achieved by the operator, pursuantto the manuals, confirming the altitude ofthe launch site shown on the GPS altitude indicator before flight. The FAA has granted exemptions to conduct similar operations in Exemptions 11062, 11213, 11360and 11447.

14C.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 ofintended landing, and, assuming normal cruising speed- (1) During the day, to fly afterthatfor at least 30 minutes; or (2) At night, to fly afterthat for at least 45 minutes."

The battery powering the sUAV limits the duration ofaflight. To meet the 30-minute reserve requirement in 14 C.F.R. 

### § 91.151, sUAVflights 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 longertime frame forflight in daylight or nightVFR 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 atightly 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 engenderthe type of risks that Section 91.151 (a) was intended to alleviate given the size and speed ofthe sUAV.Applicant believes that an equivalent level ofsafety 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 sUAVto 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 Eofthis part and shall between required inspections, except as provided in paragraph (c) ofthis section, have discrepancies repaired as prescribed in part 43 ofthis chapter

...." Section 91.407 similarly makes reference to requirements in Part 43; Section 91.409(a)(2) requires an annual inspection forthe issuance ofan airworthiness certificate. Section 91.417(a) requires the owner or operatorto keep records showing certain maintenance work that has been accomplished by certificated mechanics, under Part 43, or licensed pilots and records of approval ofthe aircraftfor return to service.
Given that these sections and Part 43 apply onlyto aircraftwith an airworthiness certificate, these sections will not applyto the applicant. Maintenance will be accomplished by the operator pursuantto the manuals. An equivalent level ofsafetywill be achieved because these sUAVs are very limited in size and will carry a small payload and operate only in areas for limited periods oftime. If mechanical issues arise, the sUAV can land immediately since it will be operating from no higherthan 400 feetAGL. As provided in the manuals, the operatorwill ensure that the sUAV is in working order priorto initiating flight, perform required maintenance, and keep a log ofany maintenance performed. Moreover, the operator is the person most familiarwith the aircraft and best suited to maintain the aircraft in an airworthy condition in order to provide the equivalent level ofsafety. The FAA has granted exemptions for similar operations in Exemptions 11062, 11213, 11360 and 11447.bee: Kyle Gilbertson James Kirkland