Eagle Digital Imaging, Inc

April 30, 2015

U.S. Department of Transportation

Docket Management System

1200 New Jersey Avenue SE

Washington, D.C. 20590

Re: Exemption Request Section 333 of the FAA Reform Act and Part 11 of the Federal

Aviation Regulations from 14 CFR § 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 

Eagle Digital Imaging, Inc to operate a UAS for the purpose of performing aerial data 

collection. 

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (Reform 

Act) and 14 CFR Part 11, Eagle Digital Imaging, Inc (EDI) hereby applies for an 

exemption from the listed Federal Aviation Regulations (FARs) to allow commercial 

operation of its Unmanned Aircraft Systems (UASs), so long as such operations are 

conducted within and under the conditions outlined herein or as may be established by 

the FAA as required by Section 333. 

1. Introduction

EDI is a remote sensing and analysis company that has safely operated manned aircraft 

profitably for over a decade providing a broad range of aerial data collection services. 

EDI offers high quality imagery acquisition and analysis services to customers in the 

forestry, precision agriculture, natural resource and mining industries. EDI is staffed by 

commercially rated pilots, professional engineers and scientists and has an unblemished 

record operating manned aircraft used in airborne data acquisition. EDI is submitting this 

petition for exemption in order to improve safety in certain of its acquisition 

environments and add to the public welfare by adding on-demand commercial operations 

using UASs to its existing and future suite of business services. These services include:

 Stockpile volume measurements

 Power line tower and insulator inspections

 Agricultural crop scouting and precision agriculture

 Forest stand based management

As described more fully below, the requested exemption would permit the operation of

small, unmanned UAS under controlled conditions in airspace that is 1) limited 2) 

predetermined 3) controlled as to access and 4) would provide safety enhancements to the 

already safe operations EDI conducts using conventional aircraft.
Approval of this exemption would thereby enhance safety and fulfill the Secretary of

Transportation’s (the FAA Administrator’s) responsibilities 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 petitioner is: 

Eagle Digital Imaging, Inc

Attn: David J. Shear, President

435 NW 5th Street, Suite B

Corvallis Oregon 97330

Ph: 541 754 9310

 david.shear@eagleimaging.net

The specific regulations from which the exemption is being requested are:

14 CFR § 91.7(a)

14 CFR § 91.119(c)

14 CFR § 91.121

14 CFR § 91.151(a) (1)

14 CFR § 91.405(a)

14 CFR § 91.407(a) (1)

14 CFR § 91.409(a) (1) and (2)

14 CFR § 91.417(a) and (b) 

2. Aircraft and Equivalent Level of Safety

The petitioner proposes that the exemption submitted apply to civil aircraft that have the 

characteristics and that operate within the conditions and limitations listed below. These 

limitations provide for at least an equivalent or higher level of safety in operations under 

the current rules. Furthermore, these limitations are similar in all material respects to 

relief requested by other petitioners’ previously granted exemptions and EDI accepts and 

agrees to abide by those limitations. 

EDI plans to use the DJI-S900 Hexacopter, (Futaba 14SG), a small, light weight rotocopter UAS platform for use in aerial data collection. The aircraft is controlled remotely, 

weighs approximately 20lbs (maximum w/ payload) and has the ability to hover and 

move vertically and horizontally. The conditions and limitations to which EDI will 

operate the UAS when conducting commercial operations under an FAA exemption are 

identical to previously granted exemptions’ limitations and include:

1. Operations authorized by this grant of exemption are limited to the following aircraft 

described in the operating documents which is a DJI-S900 Hexacopter weighing less than 55 
pounds, including any 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 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 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 predetermined 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. 

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. 

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.

3. Regulations from Which Exemption is Requested

EDI respectfully requests exemption from the following FARs as listed in the table 

below: 

FAR Section Subject Justification 

14 CFR § 91.7(a) Airworthiness 

requirements 

Prior to each flight the PIC will 

conduct a pre-flight inspection 

and determine the UAS is in a 

condition for safe flight. 

14 CFR § 91.119( c) Minimum altitudes for safe 

flight 

People will not be allowed

over, under or within 500 feet

laterally of the UAS in flight.. 

14 CFR § 91.121 Altimeter settings An onboard sensors and 

software resolve agl altitudes 

sufficiently to insure safe flight.

14 CFR § 91.151(a)(1) On board fuel requirements Battery voltage is displayed on 

the PIC’s controller during 

flight. Procedures to land 

before battery minimums are

reached will be in place.

14 CFR § 91.405 (a) Aircraft Inspection 

requirements

EDI will document all 

inspection and maintenance 

activities and maintain those 

records for FAA review as 

necessary.

14 CFR § 91.407(a) (1) Inspection approval 

requirements 

Procedures for the PIC to test

and approve return to

service will be in place.

14 CFR § 91.409 (a) (1) & (2) Airworthiness inspection The PIC will accept 

responsibility for airworthiness 

inspections.

14 CFR § 91.417 (a) & (b) Maintenance records 

requirements 

EDI will maintain UAS 

maintenance records and 

maintain those records for FAA 

review as necessary.
4. Privacy

All UAS operations will be only be conducted on and above private property with 

controlled access and only with permission of the property owner. 

5. Request

EDI respectfully requests that the FAA grant an exemption for the FARs listed in the 

table above. EDI has been conducting safe aerial data collection operations using 

manned aircraft since 2005 and will operate with equal diligence and attention to safety 

under the limitations set forth by the FAA for its UAS operations. EDI is not currently 

using UASs and seeks these exemptions to be allowed to operate UASs legally in the 

pursuit of expanding business opportunities and in order to remain competitive as these 

new technologies evolve.

6. Exemption outside the United States

Eagle Digital Imaging Inc is not requesting permission to exercise the privileges of this 

exemption outside the United States.

7. Summary for Publication in the Federal Register

The following summary is provided to the FAA for publication in the Federal Register:

Eagle Digital Imaging Inc is petitioning the FAA for exemption from the following 

rules: 14 CFR § 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 a UAS for use in aerial data 

collection including stockpile volume measurements, power line tower and insulator 

inspections, agricultural crop scouting and precision agriculture and forest stand 

based management. These and other applications will be conducted under the 

conditions and limitations established by the FAA as per the granted exemption.

8. Exhibits

The DJI S900 User Manual “Spreading Wings S900 User Manual, V12” can be found at 

the following link:

http://www.dji.com/product/spreading-wings-s900/spec