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, which 

performs precision aerial surveys and closed set cinematography that consist of digital 

imagery taken by onboard cameras. Trimble UX5 that 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 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. 

Moreover, the Trimble UX5 is 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 airborne mapping, surveys 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) 

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 ft)]
Terra Imaging acknowledges the operational use of the Trimble UX5 is 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 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, 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; 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 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 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. 

• 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 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 

risk. 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 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 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 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 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 UX5 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 has 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 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 

aircraft 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 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 

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 is 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 

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 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 (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, 

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 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 

structure. As set forth herein, the UX5 will never operate at higher than 500 feet AGL. It 

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

yellow on VFR sectional charts. Because aerial survey work and cinematography must be 

accomplished at relatively 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 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 500 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.” 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 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 UX5 flights 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 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 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 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 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’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.

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 precision 

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).