February 1 st 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, which performs precision aerial surveys and closed set cinematography that consist of digital imagery taken by onboard cameras

. Trimble UX5 that will b e op erated 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

.

Mor eover, the Trimble UX5 camera systems collect imagery and mapping data that are used to produce precision 3D topographic maps and 3D models. App lications for general

UAS operations include agriculture, mining, and professi onal 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.

M oreover, the Trimble UX5 is battery powered emitting zero fossil fuels or emissions providing a gr eener 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 purp oses, 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 UA S Pilots and Operators ; specifically operating all UAS operations within FAA pre approved airspace disclosed in advance with FAA Flight Planning.

Traditional airborne mapping, surveys and cinematography include use of the following airborne camera and sensor systems:

- Photogrammetry Cameras

- Cinematography Cameras

- LiDAR SensorsThe 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

ce iling 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 k mh (40.39 mph) and light rain Communication and control frequency 2.4 GHz Communication and control range Up to 5 km (3.11 mi) Acquisition Performance Resolution (GSD) 2.4 cm to 24 cm (0.95 in x 9.45 in) Height above take

- off location (AGL) 75 m to 750 m (246 ft x 2,460 f t)]Terra Imaging acknowledges t he operational use of the Trimble UX5 is within FAA

adherence of proposed regulations based on:

• UAS’s size, weight, sp eed, and operational capability

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

areas;

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

Under grant of the exemption, T erra Imaging agrees to operate the Trimble UX5 with the following restrictions:

• All operations to occur in Class G airspace.

• Al l 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 obser ver with ability to control

aircraft.

• Above Ground Level (AGL) altitude to be restricted to 5 00 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, agrees to these Operator Requirements. In detail, the Trimble UX5 has a semi

- autonomous navigation and control system comprised of a Ground Control Station (GCS) and auto

- pilot 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; suspe nsion of mission; fly back tolaunch 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 UX5 include

the followi ng:

• 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 UX5 is inherently unstable, so auto

- pilot fail will result in very rapid exit from flight.

• Ai rcraft has an on

- board failsafe.

I n summary, Terra Imaging seeks an exemption from the FARs set forth bellow to allow commercial operations of a small unmanned vehicle con ducting aerial mapping surveys and closed set cinematography . Approval of the exemption allowing commercial operations of the Trimble UX5 for precision survey work will enhance safety by reducing

r isk. The Trimble UX5 is carried to the survey location, not flown there. The Trimble UX5 will carry no passengers or crew and, therefore, will not expose any individuals to the risks associated with manned aircraft flights. Additionally, no national securi ty 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 poses no threat to national security.

Following are the Exemp tions 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

a irworthiness 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 operated

wit hout an airworthiness certificate, under the conditions proposed herein, will be at leastas safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) with an

airworthiness certificate. The Trimble UX5 weighs less than 25 lbs. fully loaded. It will not carry a pilot or passenger, will not carry flammable fuel, and will operate exclusively within an area pre

- di sclosed and in compliance with conditions set forth herein. Operations under this exemption will be tightly controlled and monitored by b oth 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 aircr aft, 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 UX5 construction with absorbent material provides at least an equivalent level of safety to tha t 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 ent rance 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 has no e ntrance 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 propert y 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 UX5 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

air craft for compensation or hire. The Trimble UX5 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.The UX5 has a semi

- autonomous navigat ion 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. Flig hts 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 in terventions 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).

Addit ional automated safety functions and safety enhancing features of the Trimble UX5 include the following:

• Auto

- pilot detection of lost GPS or of insufficient satellites initiates an immediate spiral landing.

• Low power on the aircraft triggers escalatin g 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 is inherently unstable, so auto

- pilot fail will result in very rapid exit from flight.

• Airc raft 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 in tended 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 should not be required to hold a commercial or private pilot certification. Instead, operators should be required to:

• H ave succ essfully completed, at a minimum Certified Trimble UAS Pilot and Operations training.

• H ave completed the manufacturer’s training pr ogram 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 without a private pilot’s cert ificate or a commercial pilot’s certificate, under the conditions set forth herein. The risks associated with the operation of the Trimble UX5 (given its size, speed, operational capabilities, andlack 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 pro vided 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 certifica te issued for the Trimble UX5

, 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.

- registe red 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, an d 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 a n 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 unus ual 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 exemption s 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 provi ding the training as outlined, and for the use of experienced and qualified pilots familiar with the UX5.

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 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

structur e. As set forth herein, the UX5 wil l never operate at higher than 5 00 feet AGL. It will, however, be operated to avoid congested or populated areas that are depi cted in yellow on VFR sectional charts. Because aerial survey work and cinematography must be accomplished at rela tively low altitudes and at altitudes less than 500 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 ta ken 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 rotorc raft 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 500 feet AGL. Indeed, the low

- altit ude 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 t o 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 UX5 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 limitat ions 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. Additio nally, limiting UX5 flig hts to 20 minutes would greatly reduce their utility. In the unlikely event that the UX5 should run out of fuel, it would simply land. Given its weight and construction material, the risks are less than contemplated by the current r egulation.

Ter ra 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 anyw here 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 airw orthiness 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 topassengers or crew.

The Trimble UX5 fully loaded weighs no more than 6 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 representati ve 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 “sh all 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 91.4 07 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 will be acc omplished 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 a ircraft in an airworthy condition and to ensure an equivalent level of safety.

The Trimble UX5’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 iss ue arise, the aircraft will either return to its launch site or immediately

land.

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 unmanned aircraft in pr ecision aerial survey work. 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).