June 15, 2015

Exemption No. 11806

Regulatory Docket No. FAA–2015–0386

Mr. Karl Engstrom 

President and CEO

Terra Imaging LLC

P.O. Box 4213

Telluride, CO 81435

Dear Mr. Engstrom:

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.

The Basis for Our Decision

By letter dated February 1, 2015, you petitioned the Federal Aviation Administration (FAA) 

on behalf of Terra Imaging LLC (hereinafter petitioner or operator) for an exemption. The 

exemption would allow the petitioner to operate an unmanned aircraft system (UAS) to 

conduct aerial surveys, photography and closed set cinematography.

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 DJI S1000.
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The petitioner requested relief from 14 CFR part 21, Certification procedures for products 

and parts, Subpart H—Airworthiness Certificates. 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 requested 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 collection and closed set motion picture and 

filming. 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, Terra Imaging LLC 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 

and closed set motion picture and filming. This exemption is subject to the conditions and 

limitations listed below.
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Conditions and Limitations

In this grant of exemption, Terra Imaging LLC 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 

DJI S1000 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 

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, 
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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.
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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 

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.
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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.
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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.
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This exemption terminates on June 30, 2017, unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan

Director, Flight Standards Service
February 1st 2015

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

Re: Exemption Request Under Section 333 of the FAA Reform Act and

Part 11 of the Federal Aviation Regulations

Dear Sir or Madam: 

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

“Reform Act”) and 14 C.F.R. Part 11, Terra Imaging LLC (“Terra Imaging”), operators 

of Unmanned Aircraft System (“UAS”), seeks an exemption from the Federal Aviation 

Regulations (“FARs”) listed below.

The requested exemption would permit commercial operation of Trimble’s UX5 and DJI 

S1000, which perform precision aerial surveys and closed set cinematography that consist 

of digital imagery taken by onboard cameras. Both UAS will be operated by Terra 

Imaging and will be registered in accordance with 49 U.S.C. 44103, Registration of 

Aircraft, as well as 14 C.F.R Part 47, Aircraft Registration, and marked in accordance 

with 14 C.F.R. Part 45, Identification and Registration Marking. 

Moreover, the Trimble UX5 and DJI S1000 camera systems collect imagery and mapping 

data that are used to produce precision 3D topographic maps and 3D models. 

Applications for general UAS operations include agriculture, mining, and professional 

surveying. Use of the UAS for aerial mapping reduces the need to operate conventional 

aircraft thereby saving thousands of dollars on operations and fuel costs, producing jobs 

locally and nationwide. Both the Trimble UX5 and DJI S1000 are battery powered 

emitting zero fossil fuels or emissions providing a greener airborne mapping solution. 

Terra Imaging is actively involved with various wildlife conservation and marine 

research agencies, the benefit of a UAS system to these entities would provide affordable 

data for scientific and education purposes, the benefits of current, high resolution 

mapping data to the public sector are enormous. 

The requested exemption would authorize commercial operations of UAS under 

controlled conditions by UAS professionals, formally trained as Trimble Certified UAS 

Pilots and Operators; specifically operating all UAS operations within FAA pre approved 

airspace disclosed in advance with FAA Flight Planning.

Traditional precision aerial surveys, airborne photogrammtry and cinematography

include use of the following airborne camera and sensor systems:

- Photogrammetry Cameras

- Cinematography Cameras

- LiDAR Sensors 
The name and address of the applicant is: 

Terra Imaging LLC

58 Canyon Court

Telluride, CO 81435

Mailing Address:

Terra Imaging LLC

PO Box 4213

Telluride, CO 81435

Regulations from which the exemption is requested: 

14 CFR Part 21 subpart H 

14 CFR 45.23 (b) 

14 CFR 61.113 (a) & (b) 

14 CFR 91.7 (a) 

14 CFR 91.9 (b) (2) 

14 CFR 91.103 

14 CFR 91.109 

14 CFR 91.119 (c) 

14 CFR 91.121 

14 CFR 91.151 (a) 

14 CFR 91.203 (a) & (b) 

14 CFR 91.405 (a) 

14 CFR 91.407 (a) (1) 

14 CFR 91.409 (a) (2) 

14 CFR 91.417 (a) & (b) 

Terra Imaging will operate the Trimble UX5 with the following hardware, software and 

in accordance with all FCC radio frequency specifications below:

[Hardware Type Fixed wing 

Weight 2.5 kg (5.51 lb) 

Wing span 1 m (3.28 ft) 

Wing area 34 dm 

Dimensions 100 cm x 65 cm x 10 cm (39.37 in x 25.59 in x 4.13 in) 

Material EPP foam; Carbon frame structure; Composite elements Propulsion Electric pusher 

propeller; brushless 700 W motor Battery 14.8 V, 6000 mAh 

Software Project management ⎫ Mission planning Multiple flights Automated pre-flight checks ⎫

Automatic take off, flight, and landing ⎫ Autonomous camera triggering ⎫ Automated fail-safe 

routines ⎫ User-controlled fail-safe commands ⎫ Automated post-flight checks ⎫ Operation 

Endurance1 50 minutes Range1 60 km (37.28 mi) Cruise speed 80 kmh (49.71 mph) Maximum 

ceiling 5,000 m (16,404 ft) Pre-flight system setup time 5 minutes Take off type Catapult launch 

Take off angle 30 degrees Landing type Belly landing Landing angle 14 degrees Recommend 

landing spacing (LxW)2 50 m x 30 m (164 ft x 98.43 ft) Weather limit 65 kmh (40.39 mph) and 

light rain Communication and control frequency 2.4 GHz Communication and control range Up 

to 5 km (3.11 mi) 

Height above take-off location (AGL) 75 m to 750 m (246 ft x 2,460 ft)]
Terra Imaging will operate the DJI S1000 with the following hardware, software and in 

accordance with all FCC radio frequency specifications below:

Frame

Diagonal Wheelbase

1045mm

Frame Arm Length

386mm

Frame Arm Weight

(Including Motor, ESC, Propeller )

325g

Center Frame Diameter

337.5mm

Center Frame Weight (With Landing Gear Mounting Base, Servos)

1330g

Landing Gear Size

460mm (Length) ×511mm (Width) ×305mm (Height), (Top width: 155 mm)

Motor

Stator Size

41×14mm

KV

400rpm/V

Max Power

500W

Weight(With Cooling Fan)

158g

ESC Working Current

40A

Working Voltage

6S LiPo

Signal Frequency

30Hz ~ 450Hz

Drive PWM Frequency

8KHz

Weight(With Radiators)

35g

Foldable Propeller (1552/1552R)

Material

High strength performance engineered plastics

Size

15×5.2inch

Weight

13g

Flight Parameters Takeoff Weight

6.0Kg ~ 11.0Kg

Total Weight

4.2Kg

Power Battery

LiPo (6S、10000mAh~20000mAh、15C(Min))
Max Power Consumption

4000W

Hover Power Consumption

1500W (@9.5Kg Takeoff Weight)

Hover Time

15min (@15000mAh & 9.5Kg Takeoff Weight)

Working Environment Temperature

-10 °C ~ +40 °C

Gain Value Settings For A2 Flight Controller

Basic: Roll 120%, Pitch 120%, Yaw 120%

Attitude: Roll 170%, Pitch 170%, Vertical 120%

For WooKong-M Flight Controller

Basic: Roll 180%, Pitch 180%, Yaw 120%

Attitude: Roll 180%, Pitch 180%, Vertical 120%

Terra Imaging acknowledges the operational use of the Trimble UX5 and DJI S1000 are

within FAA adherence of proposed regulations based on:

• UAS’s size, weight, speed, and operational capability

• Operation of the UAS NOT in close proximity to airports and populated 

areas;

• Operation of the UAS within visual line of sight of the operator.

Under grant of the exemption, Terra Imaging agrees to operate the Trimble UX5 and DJI 

S1000 with the following restrictions: 

• All operations to occur in Class G airspace. 

• All UAS will weigh less than 50lbs.

• All airborne operations occur during daylight hours.

• All UAS pilots, will be professionally trained and certified UAS pilots, 

formally trained as a Certified Trimble UAS Pilot and Operator.

• Operations to avoid congested or populated areas, which are depicted in 

yellow on VFR charts. 

• Operations to be conducted over private or controlled-access property. 

• Permission from land owner/controller required before commencing any 

flight. 

• Operations to occur during Visual Flight Rules Meteorological Conditions 

(VMC). 

• Aircraft to remain within Visual Line of Sight (VLOS). o 

• VLOS guaranteed with a cylinder of operation around operator of .5 

nautical miles (NM). 

• Cylinder walls may be expanded by observer with ability to control 

aircraft. 

• Above Ground Level (AGL) altitude to be restricted to 500 feet. 

• All operations conducted in vicinity of airport to remain more than 2.5 

NM from centerline azimuth of runway centerline measured from runway 

thresholds. 
• Operator will file a NOTAM for each flight. 

• All required permissions and permits will be obtained from territorial, 

state, county or city jurisdictions, including local law enforcement, fire, or 

other appropriate governmental agencies. 

Terra Imaging based on the recommendations of Trimble and DJI, agrees to the Operator 

Requirements. In detail, the Trimble UX5 and DJI S1000 have a semi-autonomous 

navigation and control system comprised of a Ground Control Station (GCS) and autopilot system. All flights are pre-programmed with GPS guidance and do not require 

human intervention. Flight mission area and routing cannot be changed after launch. 

Flights are not directed by positive manual control, nor are evasive maneuvers. In the 

case of unplanned events, the operator inputs pre-programmed evasive maneuvers from 

the control unit and the control unit executes that maneuver. Pre-programmed operator 

interventions include diversion to the right; initiation of holding at present position; 

suspension of mission; fly back to launch point; fly to point and hold; abort mission and 

land; and emergency power cut off and land (Flight Termination System).

Additional automated safety functions and safety enhancing features of the UAS include 

the following: 

• Auto-pilot detection of lost GPS or of insufficient satellites initiates an 

immediate spiral landing.

• Low power on the aircraft triggers escalating alarms at GCS at 35% and 

10% levels. 

• If the auto-pilot detects a lost-link to the GCS for longer than 30 seconds, 

landing procedure begins. 

• The UAS is inherently unstable, so auto-pilot fail will result in very rapid 

exit from flight. 

• Aircraft has an on-board failsafe.

In summary, Terra Imaging seeks an exemption from the FARs set forth bellow to allow 

commercial operations of a small unmanned vehicle conducting precision aerial surveys

and closed set cinematography. Approval of the exemption allowing commercial 

operations of the Trimble UX5 and DJI S1000 for precision survey work will enhance 

safety by reducing risk. Both the Trimble UX5 and DJI S1000 are carried to the survey 

location, not flown there. The Trimble UX5 and DJI S1000 will carry no passengers or 

crew and, therefore, will not expose any individuals to the risks associated with manned 

aircraft flights. Additionally, no national security issue is raised by the grant of the 

requested exemptions. Given the size, load carrying capacity, speed at which it operates, 

and the fact that it carries no explosives or other dangerous materials, the Trimble UX5 

and DJI S1000 poses no threat to national security. 
Following are the Exemptions Requested:

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 

14 CFR § 91.203(a)(1) 

Section 91.203(a)(1) requires all civil aircraft to have a certificate of airworthiness. Part 

21, Subpart H, entitled Airworthiness Certificates, establishes the procedural 

requirements for the issuance of airworthiness certificates as required by FAR § 

91.203(a)(1). Given the size of the aircraft (5.5lbs.) and the limited operating area 

associated with its utilization, it is unnecessary to go through the certificate of 

airworthiness process under Part 21 Subpart H to achieve or exceed current safety levels. 

Such an exemption meets the requirements of an equivalent level of safety under Part 11 

and Section 333 of the Reform Act. The Federal Aviation Act and Section 333 of the 

Reform Act both authorize the FAA to exempt aircraft from the requirement for an 

airworthiness certificate, upon consideration of the size, weight, speed, operational 

capability, and proximity to airports and populated areas of the UAS involved. 

In this case, an analysis of these criteria demonstrates that the Trimble UX5 and DJI 

S1000 operated without an airworthiness certificate, under the conditions proposed 

herein, will be at least as safe, or safer, than a conventional aircraft (fixed wing or 

rotorcraft) with an airworthiness certificate. The Trimble UX5 and DJI S1000 weighs less 

than 25lbs. fully loaded. It will not carry a pilot or passenger, will not carry flammable 

fuel, and will operate exclusively within an area pre-disclosed and in compliance with 

conditions set forth herein. Operations under this exemption will be tightly controlled and 

monitored by both the operator, pursuant to the conditions set forth above, and by local 

public safety requirements. The FAA will have advance notice of all operations through 

the filing of NOTAMs. Receipt of the prior permission of the land owner, the size of the 

aircraft, the lack of flammable fuel, and the fact that the aircraft is carried to the location 

and not flown there all establish the equivalent level of safety. The Trimble UX5 and DJI 

S1000 construction with absorbent material provides at least an equivalent level of safety 

to that of such operations being conducted with conventional aircraft that would be 

orders-of-magnitude larger and would be carrying passengers, cargo, and flammable fuel. 

14 C.F.R. § 45.23 (b). Marking of the Aircraft

The regulation requires:

When marks include only the Roman capital letter "N" and the registration 

number is displayed on limited, restricted or light-sport category aircraft or 

experimental or provisionally certificated aircraft, the operator must also 

display on that aircraft near each entrance to the cabin, cockpit, or pilot 

station, in letters not less than 2 inches nor more than 6 inches high, the 

words "limited," "restricted," "light-sport," "experimental," or

"provisional," as applicable.

The Trimble UX5 and DJI S1000 have no entrance to the cabin, cockpit or pilot station 

on which the word “Experimental” can be placed. Given the size of the UAS, two-inch 

lettering will be impossible. The word “Experimental” will be placed on the fuselage in 

compliance with §45.29 (f). The equivalent level of safety, which is fully sufficient for 
the small UAS size, will be provided by having the UAS marked on its fuselage as 

required by §45.29 (f) where the pilot, observer and others working with the UAS will 

see the identification of the UAS as “Experimental.”

14 C.F.R. § 61.113 (a) and (b): Private Pilot Privileges and Limitations: Pilot in 

Command. Pursuant to 14 CFR 61.113 (a) & (b), no person who holds a private 

pilot certificate may act as a pilot in command of an aircraft that is carrying 

passengers or property for compensation or hire. 

Section 61.113(a) & (b) limit private pilots to non-commercial operations. Unlike a 

conventional aircraft that carries a pilot, passengers, and cargo, the Trimble UX5 and DJI 

S1000 in this case is remotely controlled with no passengers or property of others on 

board. Section 61.133(a) requires an individual with a commercial pilot’s license to be 

pilot in command of an aircraft for compensation or hire. The Trimble UX5 and DJI 

S1000 has a high degree of pre-programmed control and various built-in technical 

capabilities that strictly limit the potential for operation outside of the operating 

conditions set forth in the exemption application. 

Both UAS have a semi-autonomous navigation and control system comprised of a 

Ground Control Station (GCS) and auto-pilot system. All flights are pre-programmed 

with precision GPS guidance and do not require human intervention. Flight mission area 

and routing cannot be changed after launch. Flights are not directed by positive manual 

control, nor are evasive maneuvers. In the case of unplanned events, the operator inputs 

pre-programmed evasive maneuvers from the control unit, and the control unit executes 

that maneuver. Pre-programmed operator interventions include diversion to the right; 

initiation of holding at present position; suspension of mission; fly back to launch point; 

fly to point and hold; abort mission and land; and emergency power cut off and land 

(Flight Termination System). 

Additional automated safety functions and safety enhancing features of the Trimble UX5 

and DJI S1000 include the following: 

• Auto-pilot detection of lost GPS or of insufficient satellites initiates an immediate 

spiral landing. 

• Low power on the aircraft triggers escalating alarms at GCS at 35% and 10% 

levels.

• If the auto-pilot detects a lost-link to the GCS for longer than 30 seconds, landing 

procedure begins. 

• The Trimble UX5 and DJI S1000 are inherently unstable, so auto-pilot fail will 

result in very rapid exit from flight. 

• Aircraft has an on-board failsafe that limits speed in the event of dive to 

approximately 14 m/s. 
• The aircraft, weighing less than 6 lbs., fully loaded, is constructed of EPP foam, 

or similar material which is intended to absorb impact energy.

• The motor is driven by a pulse width modulated signal, not an analog signal. 

Given these safety features, Terra Imaging proposes that operators of the Trimble UX5 

and DJI S1000 should not be required to hold a commercial or private pilot certification. 

Instead, operators should be required to: 

• Have successfully completed, at a minimum Certified Trimble UAS Pilot and 

Operations training.

• Have completed the manufacturer’s training program for operation of the UAS. 

The manufacturer’s training program will have been satisfactorily reviewed 

through the SAC process. 

Given these conditions and restrictions, an equivalent level of safety will be provided by 

allowing operation of the Trimble UX5 and DJI S1000 without a private pilot’s 

certificate or a commercial pilot’s certificate, under the conditions set forth herein. The 

risks associated with the operation of the Trimble UX5 and DJI S1000 (given its size, 

speed, operational capabilities, and lack of combustible fuel) are so diminished from the 

level of risk associated with private pilot operations or commercial operations 

contemplated by Part 61 with conventional aircraft (fixed wing or rotorcraft), that 

allowing operations of the UAS as set forth above meets or exceeds the present level of 

safety provided under 14 C.F.R. § 61.113(a) & (b) and does not rise to the level of 

requiring a commercial pilot to operate the aircraft under § 61.133(a). 

14 C.F.R. §91.7(a): Civil Aircraft Airworthiness.

The regulation requires that no person may operate a civil aircraft unless it is in airworthy 

condition. As there will be no airworthiness certificate issued for the Trimble UX5 and 

DJI S1000, should this exemption be granted, no FAA regulatory standard will exist for 

determining airworthiness. Given the size of the aircraft for maintenance and use of 

safety check lists prior to each flight an equivalent level of safety will be provided. 

14 C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft.

Section 91.9 (b) (2) provides: No person may operate a U.S.-registered civil aircraft 

... (2) For which an Airplane or Rotorcraft Flight Manual is not required by §21.5 of 

this chapter, unless there is available in the aircraft a current approved airplane or 

Rotorcraft Flight Manual, approved manual material, markings, and

placards, or any combination thereof. 

The UAS, given its size and configuration has no ability or place to carry such a flight 

manual on the aircraft, not only because there is no pilot on board, but because there is no 

room or capacity to carry such an item on the aircraft. The equivalent level of safety will 

be maintained by keeping the flight manual at the ground control point where the pilot 

flying the UAS will have immediate access to it.
14 C.F.R. § 91.109(a) & 91.319(a)(1): Flight Instruction 

These regulations provide that no person may operate a civil aircraft (except a manned 

free balloon) that is being used for flight instruction unless that aircraft has fully 

functioning dual controls. The UX5 is a remotely piloted aircraft and by design, does not 

have fully functional dual controls. Flight control is accomplished through the use of a 

control box that communicates with the aircraft via radio communications. The flight 

plan is pre-programmed into the auto pilot before flight and only in unusual 

circumstances will the pilot input control functions to alter the pre-programmed flight. If 

instruction is accomplished through a training program, as set forth in Exhibit 2, an 

equivalent level of safety will be assured. The FAA has approved exemptions for 

flight training without fully functional dual controls for a number of aircraft and for flight 

instruction in experimental aircraft. See Exemption Nos. 5778K & 9862A. The 

equivalent level of safety will be achieved by the manufacturer providing the training as 

outlined, and for the use of experienced and qualified pilots familiar with the Trimble 

UX5 and DJI S1000. 

14 CFR § 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 400 

feet above the surface, except over open water or sparsely populated areas. In those cases, 

the aircraft may not be operated closer than 400 feet to any person, vessel, vehicle, or 

structure. As set forth herein, the UX5 will never operate at higher than 400 feet AGL. It 

will, however, be operated to avoid congested or populated areas that are depicted in 

yellow on VFR sectional charts. Because precision aerial survey and closed set 

cinematography 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 UX5 is 

built. Also, no flight will be taken without the permission of the land owner 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 5.5 lbs. 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 400 feet AGL. Indeed, the low-altitude 

operations of the UAS will maintain separation between these small-UAS operations and 

the operations of conventional aircraft that must comply with Section 91.119. 

14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions 

This regulation 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.” Both the Trimble UX5 and DJI S1000 batteries provide 

approximately 50 minutes of powered flight. Without an exemption from § 14 CFR 

91.151, the UAS’s flights would be limited to approximately 20 minutes in length. Given 

the limitations on its proposed operation and the location of those proposed operations, a 
longer time frame for flight in daylight VFR conditions is reasonable. Operating the small 

UAS, without 30 minutes of reserve fuel does not engender the type of risks that Section 

91.151(a) was meant to prevent given the size and speed at which the UAS operates. The 

fact that it carries no pilot, passenger, or cargo also enhances its safety. Additionally, 

limiting Trimble UX5 and DJI S1000 flights to 20 minutes would greatly reduce their 

utility. In the unlikely event that the Trimble UX5 and SJI S1000 should run out of fuel, 

it would simply land. Given its weight and construction material, the risks are less than 

contemplated by the current regulation. 

Terra Imaging believes that an equivalent level of safety can be achieved by maintaining 

10 minutes of reserve fuel, which, allowing 40 minutes of flight time, would be more 

than adequate to return the UAS to its planned landing zone from anywhere in its 

operating area. 

14 C.F.R. § 91.203 (a) & (b): Carrying Civil Aircraft Certification and Registration 

This regulation provides as follows: 

(a) . . . no person may operate a civil aircraft unless it has . . . an appropriate 

and current airworthiness certificate. 

(b) No person may operate a civil aircraft unless the airworthiness certificate 

required by paragraph (a) of this section or a special flight authorization issued 

under §91.715 is displayed at the cabin or cockpit entrance so that it is legible to 

passengers or crew. 

The Trimble UX5 and DJI S1000 fully loaded weighs no more than 50 lbs. As such, there 

is no ability or place to carry certification and registration documents or to display them 

on the UAS. In addition, there is no pilot on board the aircraft. An equivalent level of 

safety will be achieved by keeping these documents at the ground control point where the 

pilot flying the UAS will have immediate access to them. The FAA has issued numerous 

exemptions to this regulation. A representative sample of other exceptions includes 

Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700. 

14 C.F.R. § 91.405(a); 407(a)(1); 409(a)(2); 417(a): 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 air worthiness 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. 

Maintenance of the Trimble UX5 and DJI S1000 will be accomplished by Terra Imaging 

pursuant to the manuals provided by Trimble. An equivalent level of safety will be 

achieved because the UAS is small in size, will carry no external payload, will operate 

only in restricted predetermined areas and is not a complex mechanical devise. Terra 

Imaging will ensure that the UAS is in working order prior to initiating flight, perform 
required maintenance, and keep a log of any maintenance that is performed. Moreover, 

the operator is the person most familiar with the aircraft and is best suited to maintain the 

aircraft in an airworthy condition and to ensure an equivalent level of safety. 

The Trimble UX5 and DJI S1000’s Maintenance Manual provides for replacement of the 

airframe every 50 hours of flight. This will ensure an equivalent level of safety to the 

maintenance requirements in Part 91. In addition, between such air frame replacements, 

should a mechanical issue arise, the aircraft will either return to its launch site or 

immediately land.

Sincerely,

Karl Engstrom – President and CEO 

Terra Imaging LLC

Telluride, CO – USA

www.terraimaging.com
Summary of Terra Imaging Exception Request

Terra Imaging LLC hereby provides pursuant to Part 11 a summary of its exemption 

application to allow commercial operation of the UX5 and DJI S1000 unmanned aircraft 

in precision aerial survey and closed set cinematography. An exemption is requested 

from the following regulations: 

14 C.F.R. Part 21; 

14 C.F.R. 45.23(b); 

14 C.F.R. 61.113(a) & (b); 

14 C.F.R. 61.133(a); 

14 C.F.R. 91.7(b); 

14 C.F.R. 91.9(b)(2); 

14 C.F.R. 91.109(a); 

14 C.F.R. 91.119; 

14 C.F.R. 91.151(a); 

14 C.F.R. 91.203(a) & (b); 

14 C.F.R. 91.405(a); 

14 C.F.R. 91.407(a)(1); 

14 C.F.R. 91.409(a)(2); 

14 C.F.R. 91.417(a). 
February 19th 2015

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

Re: Exemption Request Under Section 333 of the FAA Reform Act and

Part 11 of the Federal Aviation Regulations

Dear Sir or Madam: 

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

“Reform Act”) and 14 C.F.R. Part 11, Terra Imaging LLC (“Terra Imaging”), operators 

of Unmanned Aircraft System (“UAS”), seeks an exemption from the Federal Aviation 

Regulations (“FARs”) listed below.

*In addition to the Exception to Rulemaking document provided, please accept this 

amendment document, specifically addressing the need for a certified pilot to be included

in the current document folder: FAA-2015-0386-0002

14 C.F.R. § 61.113 (a) and (b): Private Pilot Privileges and Limitations: Pilot in 

Command. Pursuant to 14 CFR 61.113 (a) & (b), no person who holds a private 

pilot certificate may act as a pilot in command of an aircraft that is carrying 

passengers or property for compensation or hire. 

Answer: Given the current state of approval for the current 333 exceptions, Terra 

Imaging acknowledges that the Pilot in Command (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.

Please feel free to contact me directly with any questions pertaining to this exception.

Sincerely, 

Karl Engstrom - CEO

Terra Imaging Inc.

M: 858.205.4349

E: engstrom@terraimaging.com

www.terraimaging.com

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