Engineers • Consultants • Scientists • International 

336 Town Mountain Road, Suite 4 

Pikeville, Kentucky 41501 

606.432.2443 

www.engrservices.com 

Offices Across the US and Worldwide 

June 17, 2015 

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE 

Washington, DC 20590 

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Re: Exemption Request Under Section 333 of the FAA Reform Act and Part 11 of the F~deral 

Aviation Regulations 

Dear Madam, Sir: 

1 ... 

Pursuant to Section 333 of the FAA Modernization and Refonn Act of2012 (the "Reform Act") and 

14 C.F.R. Part 11, ECSI, LLC ("ECSf'), 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. 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 subject to strict operating requirements defined in the 

eBee user manual (ECSI 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 by 

the Safety Code of the Academy ofModel Aeronautics (see Annex B), in order to ensure at least an 

equivalent level of safety to currently authorized operations using manned aircrafts. 

The eBee will be operated by an individual who fulfill the following requirements: 

• Has successfully passed a manufacturer's training program for the eBee; ECSI 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. 

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 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 

The eBee will be used to 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 crew training. 

3. APPLICABLE LEGAL STANDARD UNDER SECTION 333 

a. Airworthiness assessment of the eBee 
ECSI 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/1 0208/nmsu-uas-flight -test -centerconducts-ebee-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, SenseFly 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 requirements 

Grant of the exemption to ECSI for the eBee 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 to be conducted over private, controlled-access, or public 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 of way 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 of Sight (VLOS) and will be visually 

monitored at all times; 

• VLOS guaranteed with a GPS geo-fence around operator of0.5 miles; 

• Flight ceiling pre-programed at 400 feet; 

• 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 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; and 

• 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 successfully completed the written test of the Private Pilot license. 

3. CONCLUSION 

ECSI is an engineering company and the use of the eBee's technology will make our work more 

profitable, efficient and will enable us to deliver accurate results in near real time to our clients. 

This accuracy and time saving ability will allow the clients to make on-time decisions. The eBee 

is safer than having ECSI's employees out in the field for specific projects, and also very safe for 

other aircrafts because of the mission specifications (below 400 ft.) and eBee integrated safety 

features. 

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. Please contact us at any time if you 

require additional information or clarification. 

dy Willis, PE 

Senior Vice President 

ECSI,LLC 
ANNEX A: EXEMPTION REQUEST AND EQUIVALENT LEVEL OF SAFETY 

SHOWINGS UNDER APPLICABLE RULES SUBJECT TO EXEMPTION 

ECSI 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 Certificates 

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 certificates 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 the 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 analysis 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. 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 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 cabin, cockpit, or pilot 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 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: 

• New Mexico State University: https:/ /newscenter.nmsu.edu! Articles/view/1 0208/nmsu-uasflight -test -center-conducts-ebee-airworthiness-assessment 

• 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 for levee system monitoring, 
documentation of construction progress, and extensive oblique photography ofUSACE 

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. ECSI assumes that the intent of this requirement is to ensure that flight 

manual information is available to the aircrew while operating the aircraft. ECSI requests an 

exemption 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 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 elaborated training program, using first the 

simulation mode of the flight management software eMotion. The equivalent level of safety during 

the training will be achieved by the manufacturer or authorized distributor providing the training 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 operated 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 will 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 the 

expected route of flight and the associated risks to persons and property on the ground. Due to the 

small size of the eBee and the material with which the eBee is built, the hazard to 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, 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 aircraft; 

• 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 departure 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 barometer 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 environmental 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 intended landing and to fly after that for at least 

30 minutes. 

Given the area of operation for the eBee, ECSI 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 Aircraft Certification and Registration 

This regulation provides as follows: 

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

certificate. 

• 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 of91.203, ECSI proposes that documents 

deemed appropriate for this aircraft by the FAA will 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 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 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. 

ECSI proposes that the maintenance of the eBee will be accomplished by the owner/operator 

according to the maintenance manual, provided by SenseFly. ECSI 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 make 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 the flight 

management software. The operator can then refer to the maintenance manual 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 AERONAUTICS SAFETY REQUIREMENTS 

http://www .modelaircraft.org/files/1 05 .pdf 

http://www.modelaircraft.org/files/540-D.pdf 

http://www.modelaircraft.org/files/560.pdf