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CDG Engineers & Associates, Inc.

PO Box 278

1840 East Three Notch Street

Andalusia, AL 36420

August 31, 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, CDG Engineers & Associates, Inc. (“CDGE”), 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 CDGE 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 
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(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

CDGE provides consulting services in the fields of civil, environmental, and water 

resource engineering throughout Alabama and the Southeastern U.S. We provide a 

wide range of professional engineering design services including permitting, design, and 

construction management. In these activities, employees may be exposed to a number 

of risks, including potential falls due to difficult and uneven ground conditions and steep 

slopes, working near high voltage power lines, and walking in high traffic and 

environmentally sensitive areas. UAV technology offers a safer and more cost effective 

collection method compared to traditional land surveying, mapping, and construction 

methods. Utilizing the SenseFly eBee will allow CDGE to provide workflow efficiencies in 

addition to improved overall job site safety. The unmanned aspect of the eBee UAV 

system greatly decreases risk in hazardous job conditions by allowing employees to 

work in a much safer environment.

In addition to the safety benefits noted above, CDGE’s use of the eBee UAV technology 

for surveying and mapping purposes will provide a monetary and level of service benefit 

to the governmental agencies we provide consulting services to. Through its technology, 

the eBee allows for broad-scale mapping of public utilities, allowing those utilities to more 

efficiently collect territory wide data for use in in-depth planning to better serve its 

customers.

3. APPLICABLE LEGAL STANDARD UNDER SECTION 333

a. Airworthiness assessment of the eBee

CDGE notes that the airworthiness of the eBee has already been demonstrated for 

different projects in the United States, involving state/federal agencies or universities 
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(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)

• 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 CDGE 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 
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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 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 
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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 experiencebuilding flights, all persons not essential for flight operations are considered 

nonparticipants, and the PIC must operate the UA with appropriate distance from 

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 pre- determined 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.
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• 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, vessels, vehicles, and structures unless:

• 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

• 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

CDGE would like to use the eBee technology to evaluate the effectiveness of UAS 

technology for aerial mapping and surveying used in its engineering business.

Yours sincerely,
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Mark Pugh

Chief Executive Officer

ANNEX A: EXEMPTION REQUEST AND EQUIVALENT LEVEL OF SAFETY 

SHOWINGS UNDER APPLICABLE RULES SUBJECT TO EXEMPTION

CDGE 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 
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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. CDGE 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. § 61.3: Requirements for certificates, ratings and authorizations

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

in Command; Commercial Pilot Privileges and Limitations

The regulation provides that no person may serve as a required pilot flight crewmember 

of a civil aircraft of the United States, unless that person:

(1) Has a pilot certificate or special purpose pilot authorization issued under this part in 

that person's physical possession or readily accessible in the aircraft when exercising the 

privileges of that pilot certificate or authorization. However, when the aircraft is operated 

within a foreign country, a pilot license issued by that country may be used.

The regulation provides also that no person that holds a private pilot certificate may act 

as pilot in command of an aircraft for compensation or hire. Subparagraph (b) allows a 

private pilot to 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; 

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

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

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

SenseFly proposes that operators of the eBee should not be required to hold a 

commercial pilot certification. Instead, operators should be required to:

Have a sport or recreational pilot license (at least) and have successfully passed a 

manufacturer’s training program for the eBee.

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:
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• New Mexico State University: 

https://newscenter.nmsu.edu/Articles/view/10208/nmsu-uas-flight-test-centerconducts-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 of USACE structures & activities

An equivalent level of safety will be achieved by insuring compliance with the SenseFly 

manuals prior to each flight. 

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 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, CDGE 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 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 
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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.

CDGE proposes that the maintenance of the eBee will be accomplished by the 

owner/operator according to the maintenance manual, provided by SenseFly. CDGE

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.