January 25, 2016

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 Madame,

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

Act) and 14 C.F.R § 11.61, Drainage Plus INC, requests exemption from the listed 

Federal Aviation Regulations (“FARs”) listed below and described in Appendix A for

commercial operation of the eBee RTK Unmanned Aircraft System.

 14 C.F.R. § 61.113(a) & (b)

 14 C.F.R § 91.7 (a)

 14 C.F.R. § 91.119 (c)

 14 C.F.R. § 91.151 (a) (1)

 14 C.F.R. § 91.405 (a)

 14 C.F.R § 91.407 (a) (1)

 14 C.F.R. § 91.409(a) (1) and (2)

 14 C.F.R § 91.417 (a) and (b)

The requested exemption would authorize the eBee RTK unmanned aerial vehicle (UAV) 

operations to conduct aerial imaging for agriculture, mapping, surveying, energy 

production, construction site assessment and inspection. Operations will be subject to the 

requirements set forth in the Sebsefly eBee RTK user manual

The use of the ebee RTK is beneficial to the public due to its degree of safety that equals 

or surpasses that of standard aircraft used in these process’s, which are typically among 

extreme weather environments, near hazardous materials, and potentially high voltage 

areas. This operating method is beneficial to the operators and the public because it 

removes the individuals from the areas of risk. 

Unmanned Aerial Vehicle (UAV) – SenseFly eBee RTK 

1. Characteristics

The eBee RTK is a small (37.8 inches wingspan) and ultra-light (maximum takeoff 

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 RTK 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 RTK are:

a. Very light weight 

The eBee RTK 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 RTK are detachable and made of 

flexible foam with no sharp or hard edges and almost no internal strengthening structure. 

b. Electric-powered 

The eBee RTK 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 RTK 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 RTK 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

The eBee RTK will be used to map natural resources, endangered species and plant life, 

agriculture, topography, as-built construction conditions and progress, quarry and mining 

operations (non-congested areas), energy transmission inspections and for crew training.

3. Applicable Legal Standard Under Section 333

a. Airworthiness Assessment of the eBee RTK

The airworthiness of the eBee RTK has been demonstrated throughout various projects 

within the United States of America involving both state and federal 

departments/agencies and even institutions of public education. 
SenseFly has 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 Standards

eBee flight operations will be flown in accordance with the TASOP and the specific 

UAV manufacturer User Manual (SenseFly eBee). Maintenance will be in accordance 

with the specific UAV manufacturer Maintenance Procedures Document (SenseFly 

eBee). The UAV will be operated with both a Pilot-in-Command (PIC) and a ground 

based Visual Observer (VO).

Grant of the exemption to Drainage Plus INC for the eBee RTK will be subject to the 

following operating conditions, based on the operating conditions set forth by the 

Academy of Model Aeronautics (see Annex B). The main restrictions are summarized 

below: 

 Operations are to be conducted over private, controlled-access, or public property 

where approved; 

 Permission from the land owner/authority will be 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 See & Avoid other aircraft 

and obstacles at all times;

 PIC and VO will be in voice communication at all times;

 Operations will be limited to Visual Flight Rules Meteorological Conditions 

(VMC) and daylight hours;

 Aircraft operations will remain within Visual Line of Sight (VLOS) and will be 

visually monitored at all times; 

 VLOS will be guaranteed with a GPS geo-fence around operator of 0.5 miles 

 Flight ceiling will be pre-programed at 400 feet or less above the ground surface; 

 All operations conducted within 5 miles from an airport shall only be initiated 
after verbal coordination with the airport authority, or air traffic control when a 

control tower is present at the airport; 

 All flights will obtain an Air Traffic Organization (ATO) issued Certificate of 

Waiver or Authorization (COA) prior to conducting flight operations. Included in 

the COA request will be a request for a Notice to Airman (NOTAM).

 All operations shall comply with required permissions and permits established by 

territorial, state, county or city jurisdictions; including local law enforcement, fire, 

or other appropriate governmental agencies. 

 The eBee RTK operations will be compliant with existing safety procedures 

inherent to the activities of the related company. 

4. Operator Requirements

The eBee is an ultra-light UA made of flexible foam with no sharp or hard edges 

characterized by a high level of pre-programmed controls and various built-in technical 

capabilities (programming of a geofence, automatic wind detection) that prevent the 

operator from doing a mission outside of the operating limits. All flights are preprogrammed with GPS guidance and do not require human intervention; nevertheless 

human override is possible by clicking on one of the multiple “action” buttons or by 

using the remote controller provided with each eBee UAV. In the case of unplanned 

events, either the autopilot reacts immediately or the operator can choose between 

different pre-programmed or manual actions. Those procedures include a Flight 

Termination System (emergency landing procedure, triggered by the autopilot or the 

operator in charge: given its very light weight, the eBee will initiate a gliding approach to 

the ground at very low speed around the current location). Given the inherent safe 

operation of the eBee RTK, the following operator requirements are proposed; 

 PIC will hold an FAA private pilot certificate and a current third class airman 

certificate;

 The PIC and the VO will have completed and passed the UAV manufacturer’s 

Training Program (Sensefly eBee) with documentation;

 Complete the Drainage Plus INC UAV education and training program

5. Closing Remarks

Drainage Plus INC is a contracting firm dedicated to provided the highest quality 

work in agriculture, municipal, and residential. The use of the eBee RTK will make 

our work more efficient and will allow us to provide fast and accurate data to our 

clients. Obtaining mapping information with the eBee will be much safer rather than 

Drainage Plus INC employees in the field performing similar functions for projects. 

Drainage Plus INC work site settings contain potential threats to the safety of the 

employee when near quarry, construction, and energy transmission environments. 

The use of the eBee RTK will be safe for other aircraft with the implementation of 
mission specifications (below 400 feet above ground surface) and eBee integrated 

safety features including return to home on low power or high winds.

We are prepared to modify or amend any part of this request to satisfy the need for an 

equivalent level of safety. We look forward to working with your office regarding this 

matter. Please contact us at any time if you require additional information or clarification. 

We can be reached by email at garriottd@gmail.com

6. The Name and Address of the Applicant:

Drainage Plus INC

Attn: Dirk Garriott

Ph: 765-585-4240

Email: garriottd@gmail.com

P.O. Box 322, Oxford IN 47971
Appendix A

EXEMPTION REQUEST AND STANDARDS OF SAFETY FOR RULE APPLICALBE TO THE 

SUBJECT OF EXEMPTION

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

Command;

The regulation states;

(a) No person who holds a private pilot certificate may act as pilot in command of an 

aircraft that is carrying passengers or property for compensation or hire; nor may 

that person, for compensation or hire, act as pilot in command of an aircraft.

(b) A private pilot may, for compensation or hire, 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; and

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

Explanation for relief request:

To allow flight operations with a pilot holding only a private pilot certificate. Given the 

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

monitored in real-time with a specific flight management software (eMotion) and that the 

eBee UAV cannot carry a pilot or passengers. The proposed operations can achieve the same 

level of safety of current manned flight operations by requiring the PIC operating the UAV to 

have a private pilot’s license rather than a commercial pilot’s license. This level of safety is 

achievable with the aeronautical knowledge required of a private pilot certificate, specific 

UAV manufacturer platform training (eBee), and adherence to company training.

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

This regulation states;

(a) No person may operate a civil aircraft unless it is in airworthy condition.

Explanation for relief request:

To allow flight operations without an airworthiness certificate. Should the exemption be granted

allowing operation of the eBee UAV without an airworthiness certificate, no FAA regulatory 

standard will exist for airworthiness of the eBee UAV. Previous airworthiness assessments given 

to the eBee UA, among others, include:

 USACE New Orleans, who coordinated with the Department of Army and the FAA to 

obtain all authorizations required in order to operate the eBee UAV for levee system 

monitoring, documentation of construction progress, and extensive oblique photography 

of USACE structures & activities.

 Viafield and Advanced Aviation Solutions LLC under exemptions No. 11170 and 11136;
Based on the size of the aircraft and the requirements within the Maintenance Procedures

Document (SenseFly eBee), as well as the User Manual(SenseFly eBee) an equivalent level of

safety will be provided and the PIC can determine that the UAV is in a condition for safe flight.

14 C.F.R. § 91.119 (c): Minimum Safe Altitudes

The regulation states;

(c) Over other than congested areas. 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.

Explanation for relief request:

To allow for flight operations at 400 ft or below. The eBee UAV will only be operated over 

private and public lands with permission of the land owner and/or managing government agency 

an equivalent level of safety can be achieved. Prior to every flight, the operator will define a 

working area radius and a flight area ceiling, preventing the eBee from traveling beyond the 

designated flight area. The landowner(s) or any land-managing personnel, or and any nonparticipating personnel will be briefed of the expected flight/survey route and the potential risks 

to all persons and property on the ground. A geofence can be programmed into the flight plan 

with a distance allowing for a standoff slant range of 500 ft to avoid non-participating personnel, 

and any structures, vehicles or property that are deemed insufficiently protected from the eBee 

UAV. Due to the small size and weight of the eBee UAV, the material with which it is built and 

its specific safety procedures (among others ground detection), the hazard to persons, vessels, 

vehicles, and structures is not comparable to manned aircraft and should be considered in 

granting the exemption.

14 C.F.R. § 91.121 Altimeter Settings

The regulation states;

(a) 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—

(1) Below 18,000 feet MSL, to—

(i) The current reported altimeter setting of a station along the route and 

within 100 nautical miles of the aircraft;

(ii) 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; or

(iii) (iii) In the case of an aircraft not equipped with a radio, the elevation of 

the departure airport or an appropriate altimeter setting available before 

departure.

Explanation for relief request:
To allow for setting barometric altimeter to zero feet AGL instead of local barometric 

pressure. Given that the eBee UAV will fly below 400 feet AGL and will not need to 

maintain hemispherical cruising altitudes in order to de-conflict with other aircraft, an 

appropriate altimeter measurement presented to the pilot should be above ground level 

and should be based on the barometric pressure at the point of launch. To provide an 

equivalent level of safety, the UAV’s AGL altimeter will be set to zero on the ground 

prior to every flight. Since the aircraft will fly no more than 35 minutes, even rapid 

changes in barometric pressure will have limited effect on the safety of the flight.

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

The regulation states; 

(a) No person may begin 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;

Relief request with explanation:

To allow for replacement of the required 30 minutes of flight time reserves with a reserve of 25% 

battery power remaining. Given the area of operation for the eBee, an equivalent level of safety is 

already achieved with the specific procedure preventing the eBee to accept a take-off order if the 

battery level is below a given value. It should also be noted that the eBee UAV has integrated 

“low” and “critical” battery level warnings and implemented a “return to Home” as well as a “Go 

Land” action in these types of scenarios.

14 C.F.R. Subpart E §§ 91.405(a) Maintenance required, 91.407(a)(1) Operation after 

maintenance, preventive maintenance, rebuilding, or alteration, 91.409(a)(1) and (2) Inspections, 

and 91.417(a) and (b) Maintenance records

14 C.F.R Subpart E in totality prescribes that the operator is primarily responsible for maintaining 

the aircraft in an airworthy condition, including compliance with Parts 39 and 43.

Specifically § 91.405(a) requires that aircraft discrepancies are repaired between required 

inspections, §§ 91.407 and 91.409 requires the aircraft to be approved for return to service by a 

person authorized under § 43.7 after maintenance and inspection, § 91.409 requires an annual 

inspection for the issuance of an airworthiness certificate, and §91.417 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.

Relief request with explanation:

To allow for all inspections, maintenance and approvals for return to service by the PIC or owner.

SenseFly proposes that the maintenance of the eBee will be accomplished by the owner or the 

operator according to the Maintenance Procedures Document (SenseFly eBee) stated within the

User Manual (SenseFly eBee). An equivalent level of safety will be achieved because the eBee is 

small in size, it is not a complex mechanical device and does carry any external payload. Also,

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. Lastly, prior to every flight, 

the eBee automatically will run a sequence of pre-flight tests to make sure that every sensor and 

every critical part is operating properly. If a problem is presented, the eBee RTK will not be able 

to be switched-on and a message error is displayed on the main screen of flight planning software 

(eMotion). The operator or owner can then refer to the eBee user manual to troubleshoot this 

issue. Several parts of the eBee are easily interchangeable, which will allow the operator to make 

sure the wings and propulsion system are always airworthy when a mission is initiated.