___________________________________________________________________________________________________

155 Clarkesville Street

Post Office Box 331

Cornelia, GA 30531

Main Line: 706-894-2331

Cell: 706-244-8180

Atlanta Area Phone: 678-267-3690

Fax: 678-267-3731

Email:jmsmith@jmsmithengineering.com

May 15, 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 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, J M Smith Engineering, LLC (“JMSE”), 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 (JMSE 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 
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U.S. Department of Transportation 

Exemption Request Under Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation 

Regulations

Page 2

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 onboard 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

Applications of this UAS will be to for commercial operations using the eBee for mapping and survey 

applications. This information will be utilized for evaluation of landforms for development, 

engineering, flood studies, environmental studies, and volumetric studies.

3. APPLICABLE LEGAL STANDARD UNDER SECTION 333

a. Airworthiness assessment of the eBee

JMSE 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-test-center-conductsebee-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.

SenseFly 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)
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U.S. Department of Transportation 

Exemption Request Under Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation 

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 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 JMSE for the eBee will be subject to the following operating conditions:

 1. Operations authorized by this grant of exemption are limited to the SenseFly 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 
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enforcement official upon request. The operator must also present updated and revised documents 

if it petitions for extension or amendment to this grant of exemption. If the operator determines 

that any update or revision would affect the basis upon which the FAA granted this exemption, 

then the operator must petition for an amendment to its grant of exemption. The FAA’s UAS 

Integration Office (AFS-80) may be contacted if questions arise regarding updates or revisions to 

the operating documents.

 8. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight 

characteristics, e.g. replacement of a flight critical component, must undergo a functional test 

flight prior to conducting further operations under this exemption. Functional test flights may only 

be conducted by a PIC with a VO and must remain at least 500 feet from other people. The 

functional test flight must be conducted in such a manner so as to not pose an undue hazard to 

persons and property.

 9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is in a 

condition for safe operation.

 10. Prior to each flight, the PIC must conduct a pre-flight inspection and determine the UAS is in 

a condition for safe flight. The pre-flight inspection must account for all potential discrepancies, 

e.g. inoperable components, items, or equipment. If the inspection reveals a condition that affects 

the safe operation of the UAS, the aircraft is prohibited from operating until the necessary 

maintenance has been performed and the UAS is found to be in a condition for safe flight.

 11. The operator must follow the UAS manufacturer’s maintenance, overhaul, replacement, 

inspection, and life limit requirements for the aircraft and aircraft components.

 12. Each UAS operated under this exemption must comply with all manufacturer safety bulletins.

 13. Under this grant of exemption, a PIC must hold either an airline transport, commercial, private, 

recreational, or sport pilot certificate. The PIC must also hold a current FAA airman medical 

certificate or a valid U.S. driver’s license issued by a state, the District of 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 PIC is rated on his or her 

pilot certificate.

 14. The operator may not permit any PIC to operate unless the PIC demonstrates the ability to 

safely operate the UAS in a manner consistent with how the UAS will be operated under this 

exemption, including evasive and emergency maneuvers and maintaining appropriate distances 

from persons, vessels, vehicles and structures. PIC qualification flight hours and currency must 

be logged in a manner consistent with 14 CFR § 61.51(b). Flights for the purposes of training the 

operator’s PICs and VOs (training, proficiency, and experience-building) and determining the 

PIC’s ability to safely operate the UAS in a manner consistent with how the UAS will be operated 

under this exemption are permitted under the terms of this exemption. However, training 

operations may only be conducted during dedicated training sessions. During training, 

proficiency, and experience-building flights, all persons not essential for flight operations are 

considered nonparticipants, and the PIC must operate the UA with appropriate distance from 
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nonparticipants in accordance with 14 CFR § 91.119.

 15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All operations 

must be conducted under visual meteorological conditions (VMC). Flights under special visual 

flight rules (SVFR) are not authorized.

 16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as denoted 

in the current FAA Airport/Facility Directory (AFD) or for airports not denoted with an ARP, the 

center of the airport symbol as denoted on the current FAA- published aeronautical chart, unless 

a letter of agreement with that airport’s management is obtained or otherwise permitted by a COA 

issued to the exemption holder. The letter of agreement with the airport management must be 

made available to the Administrator or any law enforcement official upon request.

 17. The UA may not be operated less than 500 feet below or less than 2,000 feet horizontally from 

a cloud or when visibility is less than 3 statute miles from the PIC.

 18. If the UAS loses communications or loses its GPS signal, the UA must return to a predetermined location within the private or controlled-access property.

 19. The PIC must abort the flight in the event of unpredicted obstacles or emergencies.

 20. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather 

conditions) there is enough available power for the UA to conduct the intended operation and to 

operate after that for at least five minutes or with the reserve power recommended by the 

manufacturer if greater.

 21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All operations 

shall be conducted in accordance with an ATO-issued COA. The exemption holder may apply for 

a new or amended COA if it intends to conduct operations that cannot be conducted under the 

terms of the attached COA.

 22. All aircraft operated in accordance with this exemption must be identified by serial number, 

registered in accordance with 14 CFR part 47, and have identification (N- Number) markings in 

accordance with 14 CFR part 45, Subpart C. Markings must be as large as practicable.

 23. Documents used by the operator to ensure the safe operation and flight of the UAS and any 

documents required under 14 CFR §§ 91.9 and 91.203 must be available to the PIC at the Ground 

Control Station of the UAS any time the aircraft is operating. These documents must be made 

available to the Administrator or any law enforcement official upon request.

 24. The UA must remain clear and give way to all manned aviation operations and activities at all 

times.

 25. The UAS may not be operated by the PIC from any moving device or vehicle.

 26. All Flight operations must be conducted at least 500 feet from all nonparticipating persons, 
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vessels, vehicles, and structures unless:

o 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

o 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

It is the intent of JMSE to operate this aircraft in a safe and efficient manner. This will provide great 

value to our client base and allow us to provide accurate and timely mapping information to our clients. 

We will have strict policies within our company to provide safe operation of the UAS. The operation will 

be of great benefit to our clients and the public at large by providing accurate and detailed modeling of 

sites allowing our firm to be more accurate and timely in delivering of engineering designs and opinions 

on properties. 

Yours sincerely,

Jason M. Smith, PE

President