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 wil l 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 the s e 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 (UA V )

– 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 (eM otion) 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 lat er 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, G o 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 A ssessment 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 count ries, 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 wit h 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 UA V 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

- a ccess, 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 tim es ;

 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 moni tored 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 initia tedafter 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 conduct ing 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 enfo rcement, 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 fro m doing a mission outside of the operating limits. All flights are pre

programmed 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 co ntro ller 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 la nding 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, t he 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 h ave completed and passed the UAV manufacturer’s Training Program (Sensefly eBee) with documentation;

 Co mplete 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 R TK 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 pr ojects. 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 ofmi ssion 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 47971Appendix 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 Privi leges 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 conn ection 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 UA V cannot carry a pilot or passengers. T he proposed opera tions can achieve the same level of safety of current manned flight operations by requiring the PIC opera ting the UA V 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

UA V 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 o f the eBee UA V without an airworthiness certificate, no FAA regulatory

standard will exist for airworthiness of the eBee UA V

. Previous airworthiness assessments given to the eBee UA, among others, include:

 USACE New Orleans, who coordinated with the Depar tment 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 a nd 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 UA V 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 abov e 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 a llow for flight operations at 400 ft or below . T he eBe e UAV will only be operated over private and public lands with permission of the land owner and/o r managing government agency

an equivale nt level of safety can be achieve d. Prior to every flight, the oper ator will define a working area radius and a flight area ceiling, prev enting the eBee from traveling beyond the designated fl ight area. The landowner(s) or any land

- managing personnel, or a nd any non

participating personnel will be briefed of the expe cted 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

UA V . Due to the small size and weight of the e Bee UA V , the material with which it is built and its specific safe ty procedures (among others ground detection), the hazard to persons, vessels, vehicles, and structures is not comparable to manned aircr aft 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 i nstead of l ocal barometric pressure. Given that the eBee UA V 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 equi valent 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 m ore 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 th e specific procedure preventin g the eBee to accept a take

- off order if the battery level i s below a given value. It should also be noted that the eB ee 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 d iscrepancies are repaire d 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 iss uanc e of an airworthiness certificate, and §91.417 requires the owner or

o perator to keep records showing certain maintenance work that has been accomplished by

certificat ed mechanics, under Part 43, or licensed pilots and records of approval of the aircra ft 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 (Sens eFly eBee) stated within the

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

sma ll 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 aircraftin an airworthy condition and to ensure an equ ivalent le vel 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 p art 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 ( eMo tion ) . The operator or owner can then r efer to the eBee user manual to troubleshoot this issue. Several parts of the eBee are easily interchange able , which will allow the operator to make sure the wings and propulsion system are always a irworthy when a mission is initiated.