September 17, 2015 

Birdseye Farming, Inc 

J. Michael Wilson 

102 Plaza de Luke Square 

Clayton, NC 27527 

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE 

Washington, DC 20590 

Re: Petition to Amend Exemption No. 12015 Issued to Birdseye Farming, Inc Pursuant to Section 333 of 

the FAA Reform Act (Docket No. FAA-2015-1399) 

Dear Madam, Sir, 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the "Reform Act") and 14 

C.F.R. Part 11, BIRDSEYE FARMING, INC. ("BIRDSEYE FARMING, INC"), an operator of the eBee 

Unmanned Aircraft System ("eBee") seeks an exemption from the Federal Aviation Regulations ("FARs") 

listed below: 

• 14 C.F.R. 21 

• 14 C.F.R. 61.133(a) (b) 

• 14 C.F.R. 91.7(b) 

• 14 C.F.R. 91.119 

• 14 C.F.R. 91.151(a) 

• 14 CFR Subpart E (91.401- 91.417) 

The requested exemption would authorize commercial operations using the eBee for mapping and 

survey applications. These operations will be subject to strict operating requirements defined in the 

eBee user manual (BIRDSEYE FARMING, INC requests the FAA treat the eBee training program as 

proprietary under 14 C.F.R. 11.35(b) and does not include this document in the public docket) and 

conditions defined in the paragraph 3. 

1. CHARACTERISTICS OF THE AIRCRAFT 

The eBee is a small (37.8 inches wingspan) and ultra-light (maximum take-off weight of 1.7 pounds) 

platform made of flexible foam that performs pre-programmed precision aerial mapping missions 

thanks to the on-board GPS and the related flight management software (eMotion) that allows the 

operator to plan safely and efficiently a mission in 3D, and then monitor it in real-time. Thanks to the 
embedded camera, protected by a foam envelope, the eBee takes a collection of high-definition still 

images that are used later to generate maps and contour lines of the surveyed area. 

The four main characteristics of the eBee are: 

a. Very light weight 

The eBee is so light that the operator can launch it by hand and let it land on almost any surface without 

requiring a parachute or landing net (belly land). Its low impact energy (38 J in case of a controlled 

emergency landing) also significantly reduces the risk of hazardous situations. Finally, the wings of the 

eBee are detachable and made of flexible foam with no sharp or hard edges and almost no internal 

strengthening structure. 

b. Electric-powered 

The eBee is electric powered. A brushless engine technology makes it silent and reliable. The propeller is 

attached with a rubber band to the body of the plane so that it can easily flex away in case of contact 

with any object. 

c. Semi-automatic flight 

The artificial intelligence incorporated within the eBee autopilot system continuously analyzes data from 

the Inertial Measurement Unit and from the on board GPS and takes care of all the aspects of the flight 

under the supervision of the operator. 

d. Option for Manual control 

Additionally, the eBee provides an override capability that allows the operator to take manual actions 

during the flight (Go to Home, Go Land, Hold and Resume the mission) and also suspend automated 

operations and take manual control of the aircraft should it become necessary to respond emergent 

circumstances, thanks to the remote controller provided with the system. 

2. APPLICATIONS 

Birdseye Farming proposes to use a small, lightweight UAV- the eBee- and proprietary cloud-based 

software to collect, process, and analyze aerial data principally for purposes of precision agriculture and 

precision surveying. In doing so, this system would occupy a brand new space in a transformative 

industry by providing high quality and actionable information to users. Indeed, use of the eBee would 

contribute to various social goods, from environmental protection to improved crop yields. In providing 

this service, this system would empower crop researchers and farmers to make better management 

decisions through software that identifies disease and insects, nutrient deficiencies, and materials for 

increasing yields with fewer resources. 

3. APPLICABLE LEGAL STANDARD UNDER SECTION 333 

a. Airworthiness assessment of the eBee 
BIRDSEYE FARMING, INC notes that the airworthiness of the eBee has already been demonstrated for 

different projects in the United States, involving state/federal agencies or universities (among others the 

New Mexico State University: https:/ /newscenter.nmsu.edu/ Articles/view/10208/nmsu-uas-flight-testcenter-conducts-ebee-airworthiness-assessment, and the USACE New Orleans, who coordinated with 

the Department of Army and the FAA to obtain all authorizations required in order to operate the eBee 

UAS). Moreover the eBee already received 15 Exemptions from the FAA. 

SenseFiy also obtained flight approvals for the eBee (delivered by national civil aviation authorities) in 

many countries, among others: 

• Switzerland (flight approval for VLOS operations) 

• Canada (flight approval for VLOS operations) 

• Australia (flight approval for VLOS operations) 

• France (flight approval for Extended-VLOS operations) 

• Germany (flight approval for VLOS operations) 

• United Kingdom (flight approval for VLOS operations) 

• Norway (flight approval for VLOS operations) 

• Sweden (flight approval for VLOS operations) 

• Denmark (flight approval for VLOS operations) 

b. Operating requirements 

Grant of the exemption to BIRDSEYE FARMING, INC for the eBee will be subject to the following 

operating conditions: 

• 1. Operations authorized by this grant of exemption are limited to the SenseFiy eBee when 

weighing less than 55 pounds including payload. Proposed operations of any other aircraft will 

require a new petition or a petition to amend this exemption. 

• 2. Operations for the purpose of closed-set motion picture and television filming are not 

permitted. 

• 3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The 

exemption holder may use either groundspeed or calibrated airspeed to determine compliance 

with the 87 knot speed restriction. In no case will the UA be operated at airspeeds greater than 

the maximum UA operating airspeed recommended by the aircraft manufacturer. 

• 4. The UA must be operated at an altitude of no more than 400 feet above ground level (AGL). 

Altitude must be reported in feet AGL. 

• 5. The UA must be operated within visual line of sight (VLOS) of the PIC at all times. This requires 

the PIC to be able to use human vision unaided by any device other than corrective lenses, as 

specified on the PIC's FAA-issued airman medical certificate or U.S. driver's license. 

• 6. All operations must utilize a visual observer (VO). The UA must be operated within the visual 

line of sight (VLOS) of the PIC and VO at all times. The VO may be used to satisfy the VLOS 

requirement as long as the PIC always maintains VLOS capability. The VO and PIC must be able 

to communicate verbally at all times; electronic messaging or texting is not permitted during 
flight operations. The PIC must be designated before the flight and cannot transfer his or her 

designation for the duration of the flight. The PIC must ensure that the VO can perform the 

duties required of the VO. 

• 7. This exemption and all documents needed to operate the UAS and conduct its operations in 

accordance with the conditions and limitations stated in this grant of exemption, are hereinafter 

referred to as the operating documents. The operating documents must be accessible during 

UAS operations and made available to the Administrator upon request. If a discrepancy exists 

between the conditions and limitations in this exemption and the procedures outlined in the 

operating documents, the conditions and limitations herein take precedence and must be 

followed. Otherwise, the operator must follow the procedures as outlined in its operating 

documents. The operator may update or revise its operating documents. It is the operator's 

responsibility to track such revisions and present updated and revised 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 aVO 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 Colombia, 

Puerto Rico, a territory, a possession, or the Federal government. The PIC must also meet the 
• 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. 

3. CONCLUSION 

In summary, Birdseye Farming seeks an exemption from the FARs set forth in this document to operate 

commercially a small unmanned vehicle (55 lbs. or less) in aerial survey operations. 

Approval of this exemption for commercial aerial survey operations will enhance safety by reducing risk. 

Conventional operations, using jet or piston powered aircraft, operate at extremely low altitudes just 

feet from the subject being inspected and in extreme proximity to people and structures. Such manned 

operations present the risks associated with vehicles that weigh in excess of 6,000 lbs., carrying large 

amounts of jet A or other fuel. Such aircraft must fly to and from the project location. In contrast, a 

sUAS weighing fewer than six lbs. and powered by batteries eliminates virtually all of that risk given the 

reduced mass and lack of combustible fuel carried on board. The sUAS is carried to the target area and 
not flown. The sUAS will carry no passengers or crew and, therefore, will not expose them to the risks 

associated with manned aircraft flights. 

The operation of small UASs, weighing less than six lbs., conducted in the strict conditions outlined 

above, will provide an equivalent level of safety supporting the grant of the exemptions requested 

herein. These lightweight aircraft operate at slow speeds, close to the ground, and in areas that are 

under the control of the customer. As a result, they are far safer than conventional operations 

conducted with manned aircraft operating in close proximity to the ground and people. 

Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012- size, weight, speed, 

operating capabilities, proximity to airports and populated areas, and operation within visual line of 

sight and national security- provide more than adequate justification for the grant of the requested 

exemptions allowing commercial operation of applicant's UAS for the Purposes outlined herein and are 

consistent with exemptions already granted, including Exemptions 11345, 11062 through 11067, 11080, 

11109 through 11112, and 11114. 

Yo~~ 

~ichael Wilson 

President 

Birdseye Farming, Inc 
ANNEX A: EXEMPTION REQUEST AND EQUIVALENT LEVEL OF SAFETY SHOWINGS UNDER 

APPLICABLE RULES SUBJECT TO EXEMPTION 

BIRDSEYE FARMING, INC requests an exemption from the following regulations as well as any additional 

regulations that may technically apply to the operation of the eBee: 

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

14 CFR § 91.203{a)(1) 

Section 91.203 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). Given the size of the eBee, its very light weight (the aximum 

take-off weight is 1.7 pounds) 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 in order 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. An analysis of these different criteria demonstrates that the eBee operated without an 

airworthiness certificate, under the conditions proposed in that exemption, will be at least as safe, or 

safer, than a conventional aircraft with an airworthiness certificate. A proprietary risk assessment for 

operations with the eBee, which demonstrates that assertion, is also being submitted to the FAA as part 

of this application. BIRDSEYE FARMING, INC requests the FAA treat the eBee risk assessment as 

proprietary under 14 C.F.R. 11.35(b) and not include this document in the public docket. 

14 C.F.R. § 61.3: Requirements for certificates, ratings and authorizations 

14 C.F.R. § 61.113(a) & (b); 61.133(a): Private Pilot Privileges and Limitations; Pilot in 

Command; Commercial Pilot Privileges and Limitations 

The regulation provides that no person may serve as a required pilot flight crewmember of a civil aircraft 

of the United States, unless that person: 

(1) Has a pilot certificate or special purpose pilot authorization issued under this part in that person's 

physical possession or readily accessible in the aircraft when exercising the privileges of that pilot 

certificate or authorization. However, when the aircraft is operated within a foreign country, a pilot 

license issued by that country may be used. 
The regulation provides also that no person that holds a private pilot certificate may act as pilot in 

command of an aircraft for compensation or hire. Subparagraph (b) allows a private pilot to act as pilot 

in command of an aircraft in connection with any business or employment if: 

(1) The flight is only incidental to that business or employment; 

(2) The aircraft does not carry passengers or property for compensation or hire. 

Given the safety features of the eBee and the fact that the missions are pre-programmed and monitored 

in real-time with a specific flight management software (eMotion), SenseFiy proposes that operators of 

the eBee should not be required to hold a commercial pilot certification. Instead, operators should be 

required to: 

Have a sport or recreational pilot license (at least) and have successfully passed a manufacturer's 

training program for the eBee. 

14 C.F.R. § 91.7(a): Civil aircraft airworthiness 

This regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. 

Should the exemption be granted allowing commercial operation of the eBee without an airworthiness 

certificate, no standard will exist for airworthiness of the eBee. Given the size of the aircraft and the 

previous airworthiness assessments given to the eBee, among others: 

• New Mexico State University: https://newscenter.nmsu.edu/Articles/view/10208/nmsu-uasflight-test-center-conducts-ebee-airworthiness-assessment 

• USACE New Orleans, who coordinated with the Department of Army and the FAA to obtain all 

authorizations required in order to operate the eBee UAS for levee system monitoring, 

documentation of construction progress, and extensive oblique photography of USACE 

structures & activities 

An equivalent level of safety will be achieved by insuring compliance with the Sense Fly manuals prior to 

each flight. 

14 CFR § 91.119: Minimum Safe Altitudes 

The regulation provides that over sparsely populated areas the aircraft cannot be operated closer than 

500 feet to any person, vessel, vehicle, or structure. Since the aircraft will be operating at a maximum of 

400 feet AGL, the eBee cannot comply with this requirement. 

The equivalent level of safety will be achieved because the eBee will only fly over private property with 

the permission of the landowner. The operator will define before every flight a working area radius and 

a flight area ceiling, preventing the eBee to go beyond the flight area. The landowner and the persons 

who may be on the ground in the flight area will be briefed of the expected route of flight and the 

associated risks to persons and property on the ground. Due to the small size of the eBee and the