April 6, 2015

Exemption No. 11285
Regulatory Docket No. FAA–2014–1015

Mr. James H. Chustz, Jr., PLS

Executive Vice President
Chustz Surveying, Inc.
211 Richy Street

New Roads, LA 70760

Dear Mr. Chustz:

This letter is to inform you that we have gran ted your request for exemption. It transmits our
decision, explains its basis, and gives you th e conditions and limitations of the exemption,
including the date it ends.

The Basis for Our Decision

By letter dated December 5, 2014, you petitioned the Federal Aviation Administration (FAA)
on behalf of Chustz Surveying, Inc. (hereinafter petitioner or operator) for an exemption. The
exemption would allow the petitioner to opera te an unmanned aircraft system (UAS) to
conduct aerial mapping and surveying applications.

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 petiti oner is a SenseFly eBee.2

The petitioner requested relief from 14 CFR part 21, C ertification 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, a nd limited operating area associated with the
aircraft and its operation, the S ecretary of Transportation has de termined that this aircraft

meets the conditions of Section 333. Therefore, th e FAA finds that the re quested relief from
14 CFR part 21, and any associated noise certific ation and testing requirements of part 36, is

not necessary.

The Basis for Our Decision

You have requested to use a UAS for aerial da ta collection. The FAA has issued grants of
exemption in circumstances similar in all materi al respects to those pr esented in your petition.
In Grants of Exemption No s. 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 specifica tions described by the petition er and carrying no passengers or
crew, rather than a manned aircraft of signi ficantly greater proporti ons, carrying crew in
addition to flammable fuel, gi ves the FAA good cause to find th at the UAS operation enabled
by this exemption is in the public interest.

Having reviewed your reasons for re questing an exemption, I find that—

 They are similar in all material respects to relief previously re quested 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 situ ation you present; and

 A grant of exemption is in the public interest.

Our Decision

In consideration of the foregoing, I find that a gr ant 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, Chustz Surveying, Inc. 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) an d (2), and 91.417(a) and (b), to
the extent necessary to allow the petitioner to operate a UAS to perform aerial data collection.
This exemption is subject to the conditions and limitations listed below.

Conditions and Limitations

In this grant of exemption, Chustz Surveying, In c. is hereafter referre d to as the operator.3

Failure to comply with any of the conditions an d 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 SenseFly eBee
when weighing less than 55 pounds includi ng 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 restricti on. 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 PI C 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 verbal ly at all times;
electronic messaging or texting is not perm itted 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 en sure 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 discrepa ncy exists between the conditions and
limitations in this exemption and the pro cedures outlined in the operating documents,

the conditions and limitations herein ta ke precedence and must be followed.
Otherwise, the operator must follow the pr ocedures as outlined in its operating
documents. The operator may update or revi se its operating documents. It is the
operator’s responsibility to track such revisions and pr esent updated and revised
documents to the Administrator or any la w enforcement official upon request. The4

operator must also present updated and revise d 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 contacte d if questions arise regarding updates or
revisions to the operating documents.

8. Any UAS that has undergone maintenance or alterations that aff ect the UAS operation
or flight characteristics, e .g. replacement of a flight cr itical component, must undergo
a functional test flight prio r to conducting further opera tions 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 functi onal 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. Th e 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 manu facturer’s maintenance, overhaul,
replacement, inspection, and life limit requ irements for the aircraft and aircraft

components.

12. Each UAS operated under this exemption mu st comply with all manufacturer safety

bulletins.

13. Under this grant of exemption, a PIC mu st hold either an airline transport,
commercial, private, recreational, or sport pi lot 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 flight review requirements specified in
14 CFR § 61.56 in an aircraft in which the PI C is rated on his or he r pilot cert ificate.

14. The operator may not permit any PIC to ope rate unless the PIC demonstrates the
ability to safely operate the UAS in a ma nner consistent with how the UAS will be
operated under this exemption, including evasive and emergency maneuvers and
maintaining appropriate distan ces from persons, vessels, vehi cles 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 VOs5

(training, proficiency, and e xperience-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 dur ing dedicated training sessions. During
training, proficiency, and expe rience-building flights, al l persons not essential for
flight operations are considered nonpartic ipants, and the PIC must operate the UA
with appropriate distance from nonparti cipants 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 conditi ons (VMC). Flights
under special visual flight rule s (SVFR) are not authorized.

16. The UA may not operate within 5 nautical mile s of an airport reference point (ARP) as
denoted in the current FAA Airport/Facil ity Directory (AFD) or for airports not

denoted with an ARP, the center of the ai rport symbol as denoted on the current FAApublished aeronautical chart, unless a lett er 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 ai rport 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 it s GPS signal, the UA must return to a predetermined location within the priv ate or controlled-access property.

19. The PIC must abort the flight in the even t of unpredicted obstacles or emergencies.

20. The PIC is prohibited from beginning a f light 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 fo r at least five minutes or with the reserve
power recommended by the manufacturer if greater.

21. Air Traffic Organization (ATO) Certificate of Waiver or Author ization (COA). All
operations shall be conducted in accorda nce 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 unde r the terms of the attached COA.

22. All aircraft operated in accord ance with this exemption must be identified by serial
number, registered in accordance with 14 CFR part 47, and have identification (NNumber) markings in accordance with 14 CF R part 45, Subpart C. Markings must be
as large as practicable.6

23. Documents used by the operator to ensure th e 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 th e Administrator or any law enforcement
official upon request.

24. The UA must remain clear and give wa y 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 pr otect 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 struct ures 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 es sential persons are not considered
nonparticipating persons under this exemption.

27. All operations shall be conducted over priv ate or controlled-access property with
permission from the property owner/cont roller 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 Sa fety Board (NTSB) per instructions

contained on the NTSB Web site: www.ntsb.gov

.

If this exemption permits operations for th e 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.7

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 ove r the area of proposed filming. The 3-day
notification may be waived w ith 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 res ponsible for the on-s cene operation of

the UAS;

d. Make, model, and serial or N- Number of UAS to be used;

e. Name and certificate number of UAS PI Cs involved in the aerial filming;

f. A statement that the operator has obtain ed permission from property owners

and/or local officials to conduct the filming production event; the list of those
who gave permission must be made av ailable to the inspector upon request;

g. Signature of exemption holde r or representative; and

h. A description of the flight activity, includi ng maps or diagrams of any area, city,
town, county, and/or state over which film ing will be conducted and the altitudes
essential to accomplish the operation.

31. Flight operations may be conducted closer th an 500 feet from pa rticipating 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 al l applicable parts of 14 CFR including, but not limited to,
parts 45, 47, 61, and 91.

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

Sincerely,

/s/
John Barbagallo
Acting Deputy Director, F light Standards ServiceProfessional Land Surveyors and Mappers

James H. Chustz, Jr., P.L.S. Ph. (225) 638

- 5949

Executive Vice President Fax (225) 638

- 3924

211 Richy Street

New Roads, LA 70760

www.chustzsurv eying.com December 5

, 2014

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 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, Chustz Surveying Inc. (“Chustz Surveying”), an operator of the eBee Unmanned Aircraft System (“eBee”) seeks an exemption from the Federal A viation Regulations (“FARs”) listed

below:

14 C.F.R. 21

14 C.F.R. 45.23

14 C.F.R 45.29 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 CFR Subpart E (91.401

- 91.417)

The following appendices are included in this document for reference purposes

. Chustz Surveying

requests that the FAA treat these documents as proprietary under 14 C.F.R. 11.35(b) and not

include these appendices in the public docket:

Appendix A: SenseFly

- Justification of airworthiness eBee Appendix B: SenseFly

- eBee User Manual V12 Appendix C: SenseFly

- eBee training documentation Appendix D: SenseFly

- eBee maintenance procedures

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 (Chustz Surveying requests the FAA treat the eBee training program as proprietary

under 14 C.F. R. 11.35(b) and not include this document in the public docket) and conditions defined by the Safety Code of the Academy of Model Aeronautics (see Annex B), in order to ensure at least an equivalent level of safety to currently authorized operations using manned aircrafts.Professional Land Surveyors and Mappers

James H. Chustz, Jr., P.L.S. Ph. (225) 638

- 5949

Executive Vice President Fax (225) 638

- 3924

211 Richy Street

New Roads, LA 70760

www.chustzsurv eying.com The eBee will be operated by an individual who fulfill s the following requirements:

Has successfully passed a manufacturer’s training program for the eBee; Chustz Surveying requests the FAA treat the eBee training program as proprietar y under 14 C.F.R. 11.35(b) and not include this document in the public docket.

Has a Private Pilot license

Furthermore, two of Chustz Surveying’s employees have successfully completed training at the Unmanned Vehicle University of Phoenix, Arizona and re ceived a UAV Pilot Training Certificate. The program consisted of 16 hours of ground school, 10 hours of training in a small UAV flight simulator and 24 hours of flight training.

1. CHARACTERISTICS OF THE AIRCRAFT

The eBee is a small (37.8 inches wings pan) and ultra

- light (maximum take

- off weight of 1.7 pounds) platform made of flexible foam that performs precision aerial mapping missions thanks to the on

board GPS and the related flight management software (eMotion) that allows the operator to plan

saf ely 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 su rveyed 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 impac t 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 ob ject.

c. Semi

- automatic flight

The artificial intelligence incorporated within the eBee autopilot system continuously analyzes data from the Inertial Measurement Unit and from the onboard GPS and takes care of all the aspects of the flight under the sup ervision of the operator.Professional Land Surveyors and Mappers

James H. Chustz, Jr., P.L.S. Ph. (225) 638

- 5949

Executive Vice President Fax (225) 638

- 3924

211 Richy Street

New Roads, LA 70760

www.chustzsurv eying.com 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 automate d 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.Professional Land Surveyors and Mappers

James H. Chustz, Jr., P.L.S. Ph. (225) 638

- 5949

Executive Vice President Fax (225) 638

- 3924

211 Richy Street

New Roads, LA 70760

www.chustzsurv eying.com 2. APPLICATIONS

Chustz Surveying has recen tly purchased the S ense F ly e B ee and respectively request s exemption to
operate the e B ee for aerial surveying . Chustz Surveying intends to safely, efficiently, and economically perform aerial acquisition and research over the State of Louisiana and Mississi ppi in support of the U. S. Army Corps of Engineers, New Orleans and Vicksburg District s , Louisiana CPRA (Coastal Protection and Restoration Authority)

, private entities, agriculture, scientific st udies, wildlife monitoring, and forestry, while also furthe ring the development of the state economy related to the oil and gas industries.Professional Land Surveyors and Mappers

James H. Chustz, Jr., P.L.S. Ph. (225) 638

- 5949

Executive Vice President Fax (225) 638

- 3924

211 Richy Street

New Roads, LA 70760

www.chustzsurv eying.com 3. APPLICABLE LEGAL STANDARD UNDER SECTION 333

a. Airworthiness assessment of the eBee

Chustz Surveying notes that the airworthiness of th e 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

- test

- center

- conducts

- ebee

- airworthiness

- assessment , and the USACE New Orleans, who coordinated with the Department of Army and the FAA to o btain all authorizations required in order to operate the eBee UAS.

Moreover, SenseFly obtained flight approvals for the eBee (delivered by national civil aviation authorities) in many countries, among others:

Switzerland (flight approval for VLOS operat ions) 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)

Norw ay (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 Chustz Surveying for the eBee will be subject to the following operati ng conditions, based on the operating conditions set forth by the Academy of Model Aeronautics (see Annex B). The main restrictions are summarized below:

Operations to be conducted over private, controlled

- access, or public property where approved;

Permis sion from the land owner/authority required before commencing any flight; Operations over congested areas shall be avoided; Operations must not interfere with manned aircraft operations, must yield the right of way to manned aircraft, and operators must Se e & Avoid other aircraft and obstacles at all times ; Operations limited to Visual Flight Rules Meteorological Conditions (VMC) and daylight

hours ; Aircraft operations must remain within Visual Line of Sight (VLOS) and will be visually

monitored at all time s; VLOS guaranteed with a GPS geo

- fence around operator of 0.5 miles ; Flight ceiling pre

- programed at 400 feet; All operations conducted within 5 miles from an airport shall only be initiated after verbal

c oordination with the airport authority, or air traf fic control when a control tower is present at the airport; All operations shall comply with required permissions and permits established by territorial,Professional Land Surveyors and Mappers

James H. Chustz, Jr., P.L.S. Ph. (225) 638

- 5949

Executive Vice President Fax (225) 638

- 3924

211 Richy Street

New Roads, LA 70760

www.chustzsurv eying.com state, county or city jurisdictions; including local law enforcement, fire, or other appropriate

gover nmental agencies. The eBee operations will be compliant with existing safety procedures inherent to the activities of the related company.

c. Operator Requirements

The eBee operator will have a Private Pilot license.

3. CONCLUSION

By moving surveying a nd mapping functions from a ground based human enterprise to the aerial platform of the e B ee, Chustz Surveying will have the ability to collect an enormous amount of data in a fraction of the time that would be consumed in a ground based effort. The flight mission can be preplanned maximizing the survey effort into minutes instead of days on even the smallest of projects. As the project size increases the savings to both Chustz Surveying and the client will increase exponentially. Information collected by the e B ee will change the entire decision making process and work flow. Instead of days to collect and process the ground based data Chustz Surveying can collect e B ee preliminary data and begin to provide intelligent data to our clients at a

near real time rate of information exchange. Improving data collection by moving to the e B ee as the survey platform allows our clients to stand with our operator and begin the process of analysis at the very moment the data is collected.

The cost to purchase and maintai n the SenseFly eBee is nominal in comparison to that of a traditional manned aircraft. A major advantage of the low operational expenses is that Chustz Surveying can provide these aerial acquisition services at a much lower cost to the consumer while

rema ining competitive and profitable, thereby contributing to economic growth and stability at a
local, state and federal level.

Due to its unique, lightweight and compact design, the SenseFly eBee can be assembled and deployed in less than five (5) minutes after arriving onsite. It can perform its mission effectively and efficiently and literally land at your feet. The data from the mission can begin being processed immediately. All of these factors prove to be a huge benefit to the consumer, especially i n the case of a natural disaster or emergency situation

.

Yours sincerely,

James H. Chustz, Jr., PLS

Executive Vice

- President Chustz Surveying, Inc.Professional Land Surveyors and Mappers

James H. Chustz, Jr., P.L.S. Ph. (225) 638

- 5949

Executive Vice President Fax (225) 638

- 3924

211 Richy Street

New Roads, LA 70760

www.chustzsurv eying.com ANNEX A: EXEMPTION REQUEST AND EQUIVALENT LEVEL OF SAFETY

SHOWINGS UNDER APPLICABLE RULES SUBJECT TO EXEMPTION

Chustz Surveying 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 Certif icates

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 certificate s as required by FAR § 91.203(a). Given the size of the eBee, its very light weight (the maximum 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 t he 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 anal ysis 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. Chustz Surveying requests the FAA treat the eBee risk assessment as proprietary under 14 C.F.R. 1 1.35(b) and not include this document in the public docket.

14 C.F.R. § 45.23 & 14 C.F.R. § 45.29: Display of marks; size of marks

These regulations provide that each aircraft must display "N" and the aircraft's registration number in

letters at least 3 inches high. Additionally, the aircraft must display the word "EXPERIMENTAL" in letters at least 2 inches high near the entrance to the ca bin, cockpit, or pilot station.

Given the size of the eBee (wingspan of 37.8 inches), this requirement is impossible to match.

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:Professional Land Surveyors and Mappers

James H. Chustz, Jr., P.L.S. Ph. (225) 638

- 5949

Executive Vice President Fax (225) 638

- 3924

211 Richy Street

New Roads, LA 70760

www.chustzsurv eying.com New Mexico State University: https://newscenter.nmsu.edu/Articles/view/10208/nmsu

- uas

flight

- test

- center

- conducts

- ebee

- airworthiness

- assessment

USACE New Orleans, who coordinated with the De partment 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 SenseFly manuals prior to each flight.

14 C.F.R. § 91.9: Civil aircraft flight manual, marking, and placard requirements.

This regulation provides that no person may operate an aircraft unless a current, approved flight manual is in the aircraft. Chustz Surveying assumes that the intent of this requirement is to ensure that flight manual information is available to the aircrew while operating the aircraft. Chustz Surveying requests an exempti on to this requirement since the aircraft is not only too small to carry
documentation, the documentation would not be available to the crew.

The equivalent level of safety will be achieved by keeping a hard copy of the flight manual in the eBee transport ation box.

14 C.F.R. § 91.109(a) & 91.319(a)(1): Flight Instruction

The regulation provides that "No person may operate a civil aircraft that is being used for flight

instruction unless that aircraft has fully functioning dual controls."

Flight instru ction will be accomplished through an elaborated training program, using first the simulation mode of the flight management software eMotion as set forth in Exhibit 2. The equivalent level of safety during the training will be achieved by the manufacturer providing the training as outlined in Exhibit 2 and through the use of experienced and qualified operators familiar with the

eBee.

14 CFR § 91.119: Minimum Safe Altitudes

The regulation provides that over sparsely populated areas the aircraft cannot be o perated 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 wi ll 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 theProfessional Land Surveyors and Mappers

James H. Chustz, Jr., P.L.S. Ph. (225) 638

- 5949

Executive Vice President Fax (225) 638

- 3924

211 Richy Street

New Roads, LA 70760

www.chustzsurv eying.com expected route of flight and the associated risks to persons and pro perty on the ground. Due to the small size of the eBee and the material with which the eBee is built, the hazard to persons, vess els, vehicles, and structures is not comparable to manned aircraft and should be considered in granting the exemption. Moreover, the aircraft will not be operated over congested areas nor over any open

air assembly of persons. The aircraft will be operate d at an altitude allowing, if a power unit fails, an emergency landing without undue hazard to persons or property on the surface.

14 CFR 91.121

– Altimeter settings

This section requires that each person operating an aircraft shall maintain the cruising altitude or flight level of that aircraft, as the case may be, by reference to an altimeter that is set, when operating
below 18,000 feet MSL to:

The current reported altimeter setting of a station along the route and within 100 nautical

miles of the air craft; If there is no station within the area prescribed in paragraph (a)(1)(i) of this section, the current reported altimeter setting of an appropriate available station; In the case of an aircraft not equipped with a radio, the elevation of the departur e airport or an appropriate altimeter setting available before departure.

To provide an equivalent level of safety, the eBee autopilot calculates the reference altitude (ground level) with the on

- board GPS during the pre

- flight tests. The GPS and baromete r data are merged with respect to their respective precisions. The GPS provides reliable information to correct potential barometric bias, while rapid variations in altitude are detected through the barometer. Hence, barometric bias induced by environmenta l factors is rejected.

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

The regulation provides that no person may begin a flight in an airplane under day

- VFR conditions unless there is enough fuel to fly to the first point of intend ed landing and to fly after that for at least

30 minutes.

Given the area of operation for the eBee, Chustz Surveying believes that an equivalent level of safety is already achieved with the specific procedure preventing the eBee to accept a take

- off order is the battery level is below a given value. Moreover, SenseFly has integrated “low” and “critical” battery level warnings and implemented a “return to Home” (and “Go Land”) actions in these situations.

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

This regulation provides as follows:

No person may operate a civil aircraft unless it has an appropriate and current

airworthiness certificate.Professional Land Surveyors and Mappers

James H. Chustz, Jr., P.L.S. Ph. (225) 638

- 5949

Executive Vice President Fax (225) 638

- 3924

211 Richy Street

New Roads, LA 70760

www.chustzsurv eying.com 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 eBee weighs only 1.7 pounds (max take

- off weight). 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 or passengers on board the aircraft.

To obtain an equivalent level of safety and meet the intent of 91.203, Chustz Surveying propose that documents deemed appropriate for this aircraft by the FAA will be co

- located with the operator at the ground control station in the eBee box and available for inspection upon request

14 CFR Subpart E (91.401

- 91.417)

- Maintenance , Preventive Maintenance, and Alteration s

The regulation provides that the operator is primarily responsible for maintaining the aircraft in an airworthy condition, including compliance with Parts 39 and 43. Paragraphs 91.407 and 91.409 require that the aircraft be "approved for return to service by a person authorized under 43.7" after maintenance and inspection. Section 91.409(a)(2) requires an annual inspection for the issuance of an airworthiness certificate. Section 91.417(a) requires the owner or op erator 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.

C hustz Surveying proposes that the maintenance o f the eBee will be accomplished by the owner/operator according to the maintenance manual, provided by SenseFly. Chustz Surveying requests the FAA treat the eBee training program as proprietary under 14 C.F.R. 11.35(b) and not

include this document in the public docket.

An equivalent level of safety will be achieved because the eBee is small in size, it is not a complex mechanical device, it will carry no external payload, and it will operate only in restricted predetermined areas. 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. Finally, before every flight, the eBee runs automatically a sequence of pre

- flight tests to mak e sure that every sensor and every critical part is running properly. If a problem is detected, the eBee will

not be able to be switched

- on and a message error is displayed on the main screen of eMotion. The operator can then refer to the maintenance manua l to troubleshoot this issue. Several parts of the eBee are easily interchangeable (propellers, wings), which allows the operator to make sure the wings and propulsion system are always airworthy when a mission is initiated.

ANNEX B: ACADEMY OF MODEL AERON AUTICS SAFETY REQUIREMENTS

http://www.modelaircraft.org/files/105.pdf

http://www.modelaircraft.org/files/540

- D.pdf

http://www.modelaircraft.org/files/560.pdfProfessional Land Surveyors and Mappers

James H. Chustz, Jr., P.L.S. Ph. (225) 638

- 5949

Executive Vice President Fax (225) 638

- 3924

211 Richy Street

New Roads, LA 70760

www.chustzsurv eying.com 

## A ppendix A

SenseFly

- Justification of airworthiness eBee

`` Confidential ( A thru D will be mailed)Professional Land Surveyors and Mappers

James H. Chustz, Jr., P.L.S. Ph. (225) 638

- 5949

Executive Vice President Fax (225) 638

- 3924

211 Richy Street

New Roads, LA 70760

www.chustzsurv eying.com 

## Appendix B

SenseFly

- eBee User Manual V12Professional Land Surveyors and Mappers

James H. Chustz, Jr., P.L.S. Ph. (225) 638

- 5949

Executive Vice President Fax (225) 638

- 3924

211 Richy Street

New Roads, LA 70760

www.chustzsurv eying.com 

## Appendix C

SenseFly

- eBee training documentationProfessional Land Surveyors and Mappers

James H. Chustz, Jr., P.L.S. Ph. (225) 638

- 5949

Executive Vice President Fax (225) 638

- 3924

211 Richy Street

New Roads, LA 70760

www.chustzsurv eying.com 

## Appendix D

SenseFly

- eBee maintenance procedures