August 20, 2015

Exemption No. 12543

Regulatory Docket No. FAA−2015−1800

Ms. M. Anne Swanson

Cooley LLP

Counsel to HLCM Group Inc

1299 Pennsylvania Avenue, NW, Suite 700

Washington, DC 20004

Dear Ms. Swanson:

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 May 11, 2015, and June 25, 2015, you petitioned the Federal Aviation 

Administration (FAA) on behalf of HLCM Group, Inc. (hereinafter petitioner or operator) for 

an exemption. The petitioner requested to operate an unmanned aircraft system (UAS) to 

conduct aerial surveys and aerial data collection for agriculture and mining.

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 is a Trimble UX5.

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 
2

has determined that this aircraft meets the conditions of Section 333. Therefore, the FAA 

finds that relief from 14 CFR part 21, Certification procedures for products and parts, 

Subpart H—Airworthiness Certificates, and any associated 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 collection1. The FAA has issued grants of 

exemption in circumstances similar in all material respects to those presented in your petition. 

In Grants of 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), the FAA found that the enhanced safety achieved using an unmanned 

aircraft (UA) with the specifications described by the petitioner 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 interest.

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, HLCM Group, Inc. 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 operate a UAS to perform aerial data collection. 

This exemption is subject to the conditions and limitations listed below.

Conditions and Limitations

In this grant of exemption, HLCM Group, Inc. is hereafter referred to as the operator.

 

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

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 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 maintains 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 for 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 this 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, 

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 
4

documents to the Administrator or any law enforcement official upon request. The 

operator must also present updated 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 operation 

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 must 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 is 

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 components, 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 review requirements specified in 

14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.

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 
5

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 flight 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 symbol 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 signal, 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 conduct 

operations that cannot be conducted under the terms of the attached COA.

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.
6

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, vehicles, 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 protection. 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 controlled-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.

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.
7

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 involved 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 operation.

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 August 31, 2017, unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan

Director, Flight Standards Service

Enclosures
M. Anne Swanson 

+1 202 776 2534 

aswanson@cooley .com 

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE 

Washington, DC 20590 

May 11, 2015 

Re: Application for Issuance of Section 333 Exemption Based upon 

Exemption 1111 0 Issued to Trimble Navigation Ltd. 

Dear Sir or Madam, 

HLCM Group, Inc. ("HLCM"), by its attorneys, herewith applies for the issuance of an exemption 

under 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 and amended on 

May 7, 2015 in FAA Docket 2014-0367. The requested exemption would allow HLCM to 

operate the UX5 and UX5hp aircrafts manufactured by Trimble or other Trimble aircraft 

approved for commercial operations under Exemption 11110, as may be amended in the future. 

HLCM notes that the FAA recently authorized use of the Trimble UX5 by a third party in 

Exemption No. 11257, Regulatory Docket No. FAA-2014-0889, on April2, 2015, under updated 

conditions, and HLCM 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: 

Mr. Carlos Sanabria 

HLCM Group, Inc. 

Street 31 JJ-1 0, Alturas de Flam boyan 

Bayamon, PR 00959 

Phone: (787)398-8852 

csanabria@hlcmgroup.com 

HLCM 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) 

1299 PENNSYLVANIA AVENUE, NW, SUITE 700, WASHINGTON, DC 20004-2400 T: (202) 842-7800 F: (202) 842-7899 WWW.COOLEY.COM 
May 11, 2015 

Page Two 

Copies of these manuals are attached. 

These manuals are very similar 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. 

HLCM 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 required. HLCM hereby requests a blanket COA for flights up to 200 feet AGL 

in the form approved by the FAA. HLCM will also file NOTAMs for its flights, as required. 

To the extent necessary, HLCM refers the FAA to the original exemption and subsequent 

amendment 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 as the 

crafts already approved in Exemption 11110, and HLCM 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 public comment 

solicited. 1 

If you have any questions, please contact the undersigned. 

Enclosure 

cc: James Williams 

Robert Pappas 

Thuy Cooper 

Dean Griffith, Esq. 

James Kirkland 

Kyle Gilbertson 

rVery ly yours, 

/[/~ a 

M. Anne Swanson 

Henry H. Wendel 

Counsel for HLCM Group, Inc. 

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. 

1299 PENNSYLVANIA AVENUE, NW, SUITE 700, WASHINGTON, DC 20004-2400 T: (202) 842-7800 F: (202) 842-7899 WWW.COOLEY.COM 
IY, 

June 25, 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 1111 OA Issued 

to Trimble Navigation Limited 

Dear Sir or Madam: 

HLCM Group, Inc. ("Applicant") herewith submits an amended request for exemption 

under Section 333 of the FAA Modernization and Reform Act of 2012 ("Reform Act") in response 

to the June 11, 2015 letter from Brenda Robeson, Program Analyst, Airmen and Airspace Rules 

Division, FAA. That letter, which requests additional information from Applicant prior to 

processing its May 11, 2015 request for exemption, as well as Applicant's May 11, 2015 cover 

letter, are enclosed for FAA staff convenience as Attachments X andY. This filing makes no 

substantive change in the content of the May 11, 2015 filing; this letter simply adds the 

requested information. As before, Applicant seeks grant of an exemption request 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 allow Applicant to operate the UX5 and the UX5 hp 

aircraft manufactured by Trimble or other Trimble aircraft approved for commercial operations 

under Exemptions 11110 and 1111 OA, as they may be amended in the future. 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 1111 OA. 1 Applicant hereby confirms that it will 

accept the conditions in Exemptions 1111 OA 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 

Exemption No. 11257 to Montana Land Surveys (see Docket No. FAA-2014-0889). 

1299 PENNSYLVANIA AVENUE, NW, SUITE 700, WASHINGTON, DC 20004-2400 T: (202) 842-7800 F: (202) 842-7899 WWW.COOLEY.COM 
U. S. Department of Transportation 

June 25, 2015 

Page 2 

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 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: 

Mr. Carlos Sanabria 

HLCM Group, Inc. 

Street 31 JJ-1 0, Alturas de Flam boyan 

Bayamon, PR 00959 

Phone: (787) 398-8852 

csanabria@hlcmgroup.com 

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 

June 25, 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." /d. § 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 hereto and made a part hereof 

(Exhibits 1 and 2). (These manuals are identical to those submitted with the May 11, 2015 

filing.) 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 1111 OA will provide an equivalent level of safety for the operation of the UX5 and 

UX5 hp. 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 

June 25, 2015 

Page4 

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), 91.407(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 aerial surveys and 

aerial data collection. 
U. S. Department of Transportation 

June 25, 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 111 OA. Accordingly, the applicant respectfully requests that the FAA grant the 

requested exemption without delay. 

Enclosures 

cc (via e-mail): 

William Crozier 

Robert Pappas 

Jake Troutman 

Dean Griffith 

Thuy H. Cooper 

333exemptions@faa.gov 

L:;fa?-- M. Anne S nson 

Henry H. Wendel 

Counsel for HLCM Group, Inc. 
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. 

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, 11360and 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 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 

2 
lex 

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, 11360and 11447. 

3 
ATTACHMENT X 
U.S. Department 

of Transportation 

Federal Aviation 

Administration 

June 11, 2015 

Ms. M. Anne Swanson 

HLCM Group, Inc. 

c/o Cooley LLP 

1299 Pennsylvania Ave. NW 

Washington, DC 20004 

Dear Ms. Swanson: 

ATTACHMENT X 

800 Independence Ave .. S.W. 

Washington. D.C. 20591 

This letter is to inform you that we are unable to process your request for an exemption. It 

explains why we can not process your request and what you should do in the next 30 days. 

Why We Can Not Process Your Request 

We entered your May 28, 2015, exemption request into the public docket (No. FAA-2015-

1800), but we are unable to process your request any further. The information you sent does 

not comply with the requirements of § 11.81 (copy enclosed). For us to consider the request 

any further, you must send us all of the following: 

• The specific section or sections of 14 CFR from which you seek relief, the extent of the 

relief you seek, and the reason you seek relief. 

• The reasons why granting the request would be in the public interest; that is, how it would 

benefit the public as a whole. 

• The reasons why the exemption would not adversely affect safety or how the exemption 

would provide a level of safety at least equal to that provided by the rule from which you 

seek an exemption. 

• Any additional information, views, or arguments available to support your request. 

What You Should Do 

If you want us to process your request any further, you must send the information described 

earlier to reach us within 30 days. Please note that § 11.63( d) requires you to send your 

petition for exemption at least 120 days before the proposed effective date of the exemption. 
If We Do Not Hear From You 

If we do not hear from you within 30 days, we will close the docket without notifying you 

further. If you have any questions or require additional time, you may call (202) 267-9677. 

Sincerely, 

Brenda Robeson 

Program Analyst, Airmen and 

Airspace Rules Division 

Enclosure 

2 
eCFR- Code of Federal Regulations 

ELECTRONIC CODE OF FEDERAL REGULATIONS 

e~CFR Data is current as of March 2, 2015 

Title 14-+ Chapter 1-+ Subchapter B-+ Part 11 -+Subpart A-+ §11.81 

Title 14: Aeronautics and Space 

PART 11-GENERAL RULEMAKING PROCEDURES 

Subpart A-Rulemaking Procedures 

§11.81 What information must I include in my petition for an exemption? 

Page I of I 

You must include the following information in your petition for an exemption and submit it to FAA 

as soon as you know you need an exemption. 

(a) Your name and mailing address and, if you wish, other contact information such as a fax 

number, telephone number, or e-mail address; 

. / (b) The specific section or sections of 14 CFR from which you seek an exemption; 

__:/)' (c) The extent of relief you seek, and the reason you seek the relief; . 

// / 1 (d) The reasons why granting your request would be in the public interest; that is, how it would 

-/ benefit the public as a whole; 

/ (e) The reasons why granting the exemption would not adversely affect safety, or how the 

_.f exemption would provide a level of safety at least equal to that provided by the rule from which you 

/ seek the exemption; 

(f) A summary we can publish in the FEDERAL REGISTER, stating: 

(1) The rule from which you seek the exemption; and 

(2) A brief description of the nature of the exemption you seek; 

(g) Any additional information, views or arguments available to support your request; and 

(h) If you want to exercise the privileges of your exemption outside the United States, the reason 

why you need to do so. 

For questions or comments regarding e-CFR editorial content, features, or design, email ecfr@nara .gov. For questions concerning e-CFR programming and delivery issues, email webteam@gpo.gov. 

http://www.ecfr.gov/cgi-bin/text-idx?SID=eee7bb3943bc:0292a08fb8b9feb89c23&node=se... i/41?01 'i 
ATTACHMENT Y 
~ev t.LP 

M. Anne Swanson 

+1 202 776 2534 

aswanson@cooley .com 

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE 

Washington, DC 20590 

May 11,2015 

Re: Application for Issuance of Section 333 Exemption Based upon 

Exemption 11110 Issued to Trimble Navigation Ltd. 

Dear Sir or Madam, 

ATTACfu\.fENT Y 

HLCM Group, Inc. ("HLCM"), by its attorneys, herewith applies for the issuance of an exemption 

under 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 and amended on 

May 7, 2015 in FAA Docket 2014-0367. The requested exemption would allow HLCM to 

operate the UX5 and UX5hp aircrafts manufactured by Trimble or other Trimble aircraft 

approved for commercial operations under Exemption 11110, as may be amended in the future. 

HLCM notes that the FAA recently authorized use of the Trimble UX5 by a third party in 

Exemption No. 11257, Regulatory Docket No. FAA-2014-0889, on April2, 2015, under upd,ated 

conditions, and HLCM 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: 

Mr. Carlos Sanabria 

HLCM Group, Inc. 

Street 31 JJ-1 0, Alturas de Flamboyan 

Bayamon, PR 00959 

Phone: (787) 398-8852 

csanabria@hlcmgroup.com 

HLCM 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) 

1299 PENNSYLVANIA AVENUE, NW, SUITE 700, WASHINGTON, DC 20004-2400 T: (202) 842-7800 F: (202) 842-7899 WWW.COOLEY.COM 
May 11, 2015 

Page Two 

Copies of these manuals are attached. 

These manuals are very similar 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. 

HLCM 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 required. HLCM hereby requests a blanket COA for flights up to 200 feet AGL 

in the form approved by the FAA. HLCM will also file NOTAMs for its flights, as required. 

To the extent necessary, HLCM refers the FAA to the original exemption and subsequent 

amendment 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 as the 

crafts already approved in Exemption 11110, and HLCM 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 public comment 

solicited. 1 

If you have any questions, please contact the undersigned. 

Enclosure 

cc: James Williams 

Robert Pappas 

Thuy Cooper 

Dean Griffith, Esq. 

James Kirkland 

Kyle Gilbertson 

M. Anne Swanson 

Henry H. Wendel 

Counsel for HLCM Group, Inc. 

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. 

1299 PENNSYLVANIA AVENUE, NW, SUITE700, WASHINGTON, DC 20004-2400 T: (202) 842-7800 F: (202) 842-7899 WWW.COOLEY.COM