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June 17, 2015

U.S. Department ofTransportation DocketManagement System 1200 NewJersey Ave., SE Washington, DC 20590 l ······,

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(! Re: ExemptionRequestUnder Section 333 ofthe FAAReform Act andPart 11 ofthe**F~deral** Aviation Regulations DearMadam, Sir: 1

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Pursuantto Section 333 ofthe FAAModernization andRefonnAct of2012 (the "Reform Act") and 14 C.F.R. Part 11, ECSI, LLC ("ECSf'), an operator ofthe eBee Unmanned Aircraft System ("eBee") seeks an exemption from the Federal Aviation Regulations ("FARs") listedbelow: 

# • 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 SubpartE (91.401- 91.417) The requested exemption would authorize commercial operations using the eBee for mapping and survey applications. These operations will be subjectto strict operating requirements defined in the eBee user manual (ECSI requests the FAAtreat 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 by the Safety Code ofthe Academy ofModelAeronautics (see Annex B), in orderto ensure atleast an equivalent level ofsafetyto currently authorized operations using manned aircrafts. The eBee will be operatedby an individual who fulfill the following requirements:

• Has successfullypassed a manufacturer's training program for the eBee; ECSIrequests the FAAtreat the eBee training program as proprietary under 14 C.F.R. 11.35(b) and does notinclude this document in the public docket. 1. CHARACTERISTICS OF THE AIRCRAFT The eBee is a small (37.8 inches wingspan) and ultra-light (maximum take-offweight of 1.7 pounds) platform made offlexible foam thatperforms pre-programmed precision aerial mapping missions thanks to the on-board GPS and the related flight management software (eMotion) that allows the operatorto plan safely and efficiently a mission in 3D, and then monitor itinreal-time. Thanks to the embedded camera, protectedby a foam envelope, the eBee takes a collection ofhigh-definition still images that are usedlater to generate maps and contour lines ofthe surveyed area. The four main characteristics ofthe eBee are:

a. Very light weight The eBee is so light that the operator can launch it byhand 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 ofa controlled emergency landing) also significantlyreduces the risk ofhazardous situations. Finally, the wings ofthe eBee are detachable and made offlexible foam withno sharp orhard 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 rubberband to the body ofthe plane so that it can easily flex away in case ofcontactwith any object.

c. Semi-automatic flight The artificial intelligence incorporated within the eBee autopilot system continuously analyzes data from the Inertial MeasurementUnit and from the onboard GPS and takes care ofall the aspects ofthe flight under the supervision ofthe operator. d. Option for Manual control Additionally, the eBee provides an override capabilitythat 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 andtake manual control ofthe aircraft should itbecome necessary to respond emergent circumstances, thanks to the remote controller providedwiththe system. 2. APPLICATIONS The eBee will be usedto map for natural resources, endangered species and plant life, topography, as-built construction conditions and progress, quarry and mining operations (noncongested areas), sales demonstrations and crewtraining. 3. APPLICABLE LEGAL STANDARD UNDER SECTION 333

a. Airworthiness assessment ofthe eBeeECSI notes that the airworthiness ofthe eBee has already been demonstrated for different projects in the United States, involving state/federal agencies oruniversities (among others the NewMexico State University: https:/ /newscenter.nmsu.edu/ Articles/view/10208/nmsu-uas-flight-test-centerconducts-ebee-airworthiness-assessment, and the USACENew Orleans, who coordinated withthe Department ofArmy and the FAAto obtain all authorizations required in orderto operate the eBee UAS). Moreover, SenseFly obtained flight approvals for the eBee (deliveredbynational civil aviation authorities) in many countries, among others:

• Switzerland (flight approval for VLOS operations) • Canada (flight approval for VLOS operations) • Australia (flight approval for VLOS operations) • France (flight approval for Extended-VLOS operations) • Germany (flight approval for VLOS operations) • United Kingdom (flight approval for VLOS operations) • Norway (flight approval for VLOS operations) • Sweden (flight approval for VLOS operations) • Denmark (flight approval for VLOS operations) b. Operating requirements Grant ofthe exemption to ECSI for the eBee will be subject to the following operating conditions, based on the operating conditions set forth by the Academy ofModel Aeronautics (see Annex B). The mainrestrictions are summarized below:

• Operations to be conducted overprivate, controlled-access, orpublic property where approved; • Permission 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 ofway to manned aircraft, and operators must See & 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 ofSight (VLOS) and will be visually monitored at all times; • VLOS guaranteed with a GPS geo-fence around operator of0.5 miles; • Flight ceilingpre-programed at400 feet; • All operations conductedwithin 5 miles from an airport shall only be initiated after verbal coordination withthe airport authority, or air traffic control when a control tower is present at the airport; • All operations shall comply with required permissions and permits established byterritorial, state, county or cityjurisdictions; including local law enforcement, fire, or other appropriate governmental agencies; and • The eBee operations will be compliant with existing safety procedures inherent to the activities ofthe related company.c. Operator Requirements The eBee operator will have successfully completed the written test ofthe Private Pilot license. 3. CONCLUSION ECSI is an engineering company and the use ofthe eBee's technology will make our workmore profitable, efficient andwill enable us to deliver accurate results in nearreal time to our clients. This accuracy andtime saving ability will allowthe clients to make on-time decisions. The eBee is safer than having ECSI's employees out inthe field for specific projects, and also very safe for other aircrafts because ofthe mission specifications (below400 ft.) and eBee integrated safety features. We are preparedto modify or amend any part ofthis request to satisfy the need for an equivalent level ofsafety. We look forward to working with your office. Please contactus at any time ifyou require additional information or clarification.

dy Willis, PE Senior Vice President ECSI,LLCANNEXA: EXEMPTIONREQUESTAND EQUIVALENT LEVEL OF SAFETY SHOWINGSUNDERAPPLICABLE RULES SUBJECT TO EXEMPTION 

### ECSI requests an exemption from the following regulations as well as any additional regulations that maytechnically apply to the operation ofthe eBee: 14 C.F.R Part 21, SubpartH: Airworthiness Certificates 14 CFR §91.203(a)(1) 

### Section 91.203 requires all civil aircraft to have a certificate ofairworthiness. Part 21, SubpartH, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of airworthiness certificates as required byFAR§ 91.203(a). Given the size ofthe eBee, its very light weight (the maximum take-offweight is 1.7 pounds) and the limited operating area associatedwith its utilization, it is unnecessary to go through the certificate ofairworthiness process under Part 21 Subpart H in order to achieve or exceed current safety levels. Such an exemption meets the requirements ofan equivalent level ofsafety under Part 11 and Section 333 ofthe Reform Act. The Federal Aviation Act and Section 333 ofthe Reform Act both authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration ofthe size, weight, speed, operational capability, and proximity to airports and populated areas ofthe UAS involved. An analysis ofthese 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 proprietaryrisk assessment for operations with the eBee, which demonstrates that assertion, is also being submitted to the FAA as part ofthis application. ECSI requests the FAA treat the eBee risk assessment as proprietary under 14 C.F.R. 11.35(b) and not include this document in the public docket. 14 C.F.R § 45.23 & 14 C.F.R. § 45.29: Display ofmarks; size ofmarks 

### 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 cabin, cockpit, orpilot station. Given the size of the eBee (wingspan of37.8 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 ofthe eBee without an airworthiness certificate, no standard will exist for airworthiness ofthe eBee. Given the size ofthe aircraft and the previous airworthiness assessments given to the eBee, among others:

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

• USACE New Orleans, who coordinated with the Department ofArmy and the FAA to obtain all authorizations required in order to operate the eBee UAS for levee system monitoring,documentation ofconstruction progress, and extensive oblique photography ofUSACE structures & activities 

### An equivalent level ofsafety will be achievedbyinsuring compliance with the SenseFlymanuals priorto 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. ECSI assumes thatthe intent ofthis requirement is to ensure that flight manual information is available to the aircrew while operatingthe aircraft. ECSI requests an exemptionto this requirement since the aircraft is not only too small to carry documentation, the documentation wouldnotbe available to the crew. The equivalent level ofsafety will be achieved by keeping a hard copy ofthe flight manual inthe eBee transportation 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 tmless that aircraft has fully functioning dual controls." Flight instruction will be accomplished through an elaboratedtraining program, using first the simulation mode ofthe flight management software eMotion. The equivalent level ofsafety during the training will be achieved by the manufacturer or authorized distributor providing the training and through the use ofexperienced 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 operated closer than 500 feet to any person, vessel, vehicle, or structure. Since the aircraft will be operating at a maximum of400 feet AGL, the eBee cannot comply with this requirement. The equivalent level ofsafety will be achievedbecause the eBee will onlyfly over private property withthe permission ofthe landowner. The operatorwill 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 onthe ground in the flight area will be briefed ofthe expectedroute offlight and the associatedrisks to persons and property on the ground. Due to the small size ofthe eBee and the material with which the eBee is built, the hazardto persons, vessels, 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 operated at an altitude allowing, ifa power unit fails, an emergency landing without undue hazardto persons orproperty on the surface.14 CFR91.121- Altimeter settings This section requires that eachperson operating an aircraft shall maintain the cruising altitude or flight level ofthat aircraft, as the case may be, byreference to an altimeterthat is set, when operating below 18,000 feet MSLto:

• The current reported altimeter setting ofa station along the route and within 100 nautical miles ofthe aircraft; • Ifthere is no station within the areaprescribed in paragraph (a)(1)(i) ofthis section, the current reported altimeter setting ofan appropriate available station; • Inthe case ofan aircraft not equipped with a radio, the elevation ofthe departure airport or an appropriate altimeter setting available before departure. To provide an equivalent level ofsafety, the eBee autopilot calculates the reference altitude (ground level) with the on-board GPS during the pre-flight tests. The GPS andbarometer data are merged withrespectto 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 inducedbyenvironmental 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 ofintended landing andto fly after that for atleast 30 minutes. Given the area ofoperation for the eBee, ECSI believes that an equivalent level ofsafety is already achieved with the specific procedure preventing the eBee to accept a take-offorder 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 Aircraft Certification and Registration This regulation provides as follows:

• Noperson may operate a civil aircraft unless it has an appropriate and current airworthiness certificate. • Noperson may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) ofthis section or a special flight authorization issued under §91.715 is displayed atthe cabin or cockpit entrance so that it is legible to passengers or crew. The eBee weighs only 1.7 pounds (max take-offweight). As such, there is no ability or place to carry certification andregistration documents or to display them on the UAS. In addition, there is no pilot orpassengers onboardthe aircraft. To obtain an equivalent level ofsafety andmeet the intent of91.203, ECSIproposes that documents deemed appropriate for this aircraftbythe FAAwill be co-located with the operator at the grmmd control station in the eBee box and available for inspection upon request.14 CFR Subpart E (91.401- 91.417)- Maintenance, Preventive Maintenance, and Alterations The regulation provides thatthe operator is primarilyresponsible for maintainingthe 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 ofan airworthiness certificate. Section 91.417(a) requires the owner or operatorto keep records showing certain maintenance workthat has been accomplishedby certificated mechanics, under Part 43, or licensed pilots and records ofapproval ofthe aircraft for returnto service. ECSI proposes that the maintenance ofthe eBee will be accomplished bythe owner/operator according to the maintenance manual, provided by SenseFly. ECSIrequests the FAAtreat the eBee trainingprogram as proprietary under 14 C.F.R. 11.35(b) and notinclude this document in the public docket. An equivalent level ofsafetywill be achievedbecause the eBee is small in size, it is not a complex mechanical device, itwill carryno external payload, and it will operate only inrestricted 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 ofsafety. Finally, before every flight, the eBee runs automatically a sequence ofpre-flight tests to make sure that every sensor and every critical partis running properly. Ifa problem is detected, the eBee will notbe able to be switched-on and a message error is displayed onthe main screen ofthe flight management software. The operator canthen refer to the maintenance manual to troubleshootthis issue. Several parts ofthe 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 AERONAUTICS SAFETY REQUIREMENTS http://www.modelaircraft.org/files/105.pdf http://www.modelaircraft.org/files/540-D.pdf http://www.modelaircraft.org/files/560.pdf