V I R G I N I A P O L Y T E C H N I C I N S T I T U T E A N D S T A T E U N I V E R S I T Y

A n e q u al o p p or t un i t y, af fi r ma t i v e ac ti o n i n st i t u ti on Invent the Future College of 

### Natural Resources and Environment Conservation Management Institute

1900 Kraft Drive, Suite 250 ( 0534 ) Blacksburg, Virginia 24061

540/231

- 7348 Fax: 540/231

- 7019

www. cmi. vt.edu or www.vt.edu

June 15 th , 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 Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14 C.F.R. Part
11, the Conservation Management Institute (CMI), a research center within the College of

Natura l Resources and Environment at Virginia Tech, and the operator of the SenseFly eBee (eBee) Unmanned Aircraft System (UAS) requests an exemption from the Federal Aviation Regulations (FARs) listed below:

 14 C.F.R. 21 , Subpart H

 14 C.F.R. 45.23

 14 C.F.R. 45.29

 14 C.F.R. 61.3

 14 C.F.R. 61.113(a)&(b)

 14 C.F.R. 61.133(a)

 14 C.F.R. 91.7 (a)& (b)

 14 C.F.R. 91.9

 14 C.F.R. 91.105

 14 C.F.R. 91.109(a)

 14 C.F.R. 91.119

 14 C.F.R. 91.121

 14 C.F.R. 91.151(a)

 14 C.F.R. 91.203(a )(1)

 14 CFR Subpart E (91.401

- 91.417)

The requested exemption would authorize commercial operation using the eBee for precision

survey , data collection, and remote sensing by CMI within the United State as well as locations

outside of the United States. These activities will be subject to strict operating requirements defined in the eBee user manual, CMI’s eBee Operational Procedures Manual, and conditions

listed in section 6 of this document. CMI requests that the FAA treat the user manual and eBee Operational Procedure s Manual as proprietary under 14 C.F.R. 1 1.35(b) and does not include

these document s in the public docket

.2 | P a g e

1) Applicable Legal Standard Under Section 333

CMI notes that the airworthiness of the eBee has already been demonstrated for different projects in the United States, involving state/federal agencies or universities ( including the New Mexico State University [ https://newscenter.nmsu.edu/Articles/view/10208/nmsu

- uas

- flight

- test

center

- conducts

- ebee

- airworthiness

- assessment ] , and the US Army Corps of En gineers (ACE) 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

a number of e xemptions from SenseFly who also obtained flight app rovals for the eBee (delivered by national civil aviation authorities) in many countries, including :

• Switzerland (flight approval for visual line of sight ( 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)

• Swede n (flight approval for VLOS operations)

• Denmark (flight approval for VLOS operations)

Grant of the exemption to CMI for the eBee will be subject to all of the operating conditions and

limitation based on the conditions and limitations set forth in secti on 6 of this document as well as any other conditions or limitations required by the FAA.

2) Applicant Information

Conservation Management Institute College of Natural Resources and Environment Virginia Polytechnic Institute and State University

1900 Kraft Drive, Suite 250 (0534) Blacksburg, Virginia 24061

540/231

- 7348 Fax: 540/231

- 7019

www.cmi.vt.edu or www.vt.edu

The Conservation Management Institute (CMI) is a research and engagement center within the College of Natural Resources and Environment at Virg inia Tech. CMI exist s to expand the capacity of partners to manage natural resources effectively. CMI provides innovative solutions

to multi

- disciplinary research questions that affect natural resource management in Virginia, North America, and the World. The center is supported by sponsored contracts and grants and is a project

- based organization focused on providing timely and cost

- effective solutions. CMI is administered by a Director who reports to the Dean of the College of Natural Resources and Environment, Virginia Tech . CMI has a stakeholder co mmittee of representatives from the four academic departments within the College (Fisheries and Wildlife Conservation, Forest Resources and Environmental Conservation, Geography, and Sustainable Biomaterials).3 | P a g e

3) Characteristics of the Aircraft

The eBee, designed and manufacture by Sense Fly of Switzerland, is a small, ultra

- light remote sensing platform made of Expanded Polypropylene (EPP)

. It has a wingspan of 37.80 in. and a maximum takeoff weight of 1.65 lbs. It preforms preprogramed precision aerial s urvey and mapping missions by utilizing onboard Global Positioning System (GPS) and related flight management software (eMotion) that allow the operator to pl an and conduct safe and efficient

mission s in 3

- D and monitor in

- flight data in real time. The eB ee uses an interchangeable internal camera to take a collection of high

- definition still i mages as well as an imbedded optical ground sensor to monitor its altitude Above Ground Level (AGL) and to create 3

- D terrain

models. Communication is achieved via t he use of a 2.4 GHz wireless modem and onboard receiver allowing for real

- time flight data to be sent to the base station and for the base station to send flight commands and updates.

The main characteristics of the eBee are:

1) Small size and light weight

. a. The eBee is so light that it is hand launched and can belly land on almost any

surface without the aid of any other equipment such as a parachute or landing

net

. Due to its low mass the energy of any impact is low and the wings and propeller are designed to flex and detach easily in the event of an impact. The eBee also contains almost no internal structure that could puncture the body and lacks hard or sharp edges. 2) Electric powered.

a. The eBee uses a brushless engine that is reliable and silent, limiting environmental impact on noise sensitive wildlife. The use of Lithium

- Polymer (LiPo) batteries also eliminate s the need for hazardous, flammable, liquid fuels. 3) Semi

- autonomous flight.

a. The software incorporated within the eBees autopilot system continuou sly monitors data from the internal GPS, stereographic camera, inertial sensors, barometric pressure sensor, and airspeed sensor to manage all aspects flight under the supervision of the Pilot in Command (PIC). 4) Manual override.

a. The flight planning and mana gement software allows for the PIC to override any autopilot commands and to issue “Go to Home”, “Go to Land”, “Hold Position”,

and “Resume Mission” commands. When required the PIC is able to make changes to the preprogrammed flight plan midflight. There is also a manual remote control that will allow the PIC to take complete control of the eBee should circumstances require it.4 | P a g e

4) UAS Applications

CMI is primarily an environmental and natural resource research entity that service s a wide range of partners , from government/municipalities to private individuals from all around the

world. CMI intends to utilize the eB ee UAS to conduct mapping, aerial imaging, data collection, and survey missions in a wide range of projects that may include, but are n ot limited to;

 Wildlife Monitoring

 Botanical Identification

 Fire Fuel Modeling

 Agricultural Monitorin g

 Land Cover/Use Mapping

 Forest Stand Monitoring  Forest and Mining Inventory

 Mine Reclamation Monitoring

 Educational Demonstrations

 Extension Educational Programs

 Remote Sensing Education

 Flight Crew Training

These applications will be primarily conducted over rural private lands or over public lands with prior approval from all appropriate regulating agencies.

Use of the eBee outside of the United States will be much the same as those within. Any operation of the eBee outside of the United States will comply with that nation’s appropr iate regulatory body’s rules and limitations. Furthermore CMI will comply with any and all regulations, foreign and domestic, regarding the transport of LiPo batteries.

5) Public Interest

CMI believes that the use of the eBee will provide an enhanced level of safety, as mandated under Section 333(c) of the Reform Act, when compared to conventional aerial mapping and survey methods. Conventional aerial mapping and survey operations using manned aircraft involve heavy craft that must transit to and from airports to the Area of Operations (AO) carrying significant amount of combustible fuel and multi

- person crews. Manned aircraft also pose the risk of fuel spillage and fire in the event of an accident or incident. By contrast the eBee is safe, economical, and efficient. Due to the eBees low size and weight it is carried in a protective cas e to and from the AO and removes the need of an airborne crew. The eBee poses less of a risk to people and property o n the ground as well as airborne aircraft due to the light materials used and the limited force of an impact

.

Furthermore, d ue to the lack of liquid fuel, unobtrusive size, and silent power source/motor the

eBee will have minimal impact on the environment

, sensitive wildlife , or humans

.

The requested exemption raises no issues of national security. The eBee has a very small payload capacity, operates at low speeds, and does not carry explosive or dangerous materials. The potential threat of damage to property is minimal. Further, the PIC is screened by the U.S. Department of Homeland Security as a holder of a private pilot certificate All individuals holding are subject to a security screening by the U.S. Department of Homeland Security.5 | P a g e

6) Opera tional Conditions

CMI suggests the following operations conditions for our exemption request.

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 , including addition SenseFly eBees, will require a new petition or an amendment of this exemption.

2. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA) is required for a ll operations and shall be conducted in acco rdance with an ATO

- issued

COA

. Should an operation fallout side of the bounds of the approved COA, then the operator will apply for a new or amended COA.

3. This exemption and all documents ( UAS Log Book, PIC Log book, any letter of permission, the SenseFl y user manual, SenseFly’s Justification of Airworthiness and Safety Assessment, and CMI’s eBee Operational Procedures Manual (CMI requests the FAA treat the SenseFly eBee user manual , SenseFly’s Justification of Airworthiness and Safety Assessment, and CMI ’s eBee Operational Procedures Manual as proprietary under 14 C.F .R. 11.35(b) and not include these document s in the public docket ) ) needed to operate the eBee and conduct operations in accordance with the conditions and limitation stated in this exemption are hereinafter collectively referred to as “operational documents”. The operational documents must be keep with the eBee at all ti mes, including during operations, to be made available to the administrator or any FAA or law enforcement official upon request. If a discrepancy exist between the conditions and limitation in this exemption and the procedures outlined in the operational documents the conditions and limitations in this exemption will take precedence. Otherwise the operator must follow the procedures as outlined in the operational documents. The operator will, in a timely manner, update its operational documents to reflec t the conditions and limitation

listed in this exemption. Should the operator petition for an extension or amendment to the exemption it will present the most up

- to

- date version of all operational

documents.

a. The PIC my keep his or her logbook in his or h er possession when not acting

as PIC.

4. All flight operations conducted over private or controlled

– access property will be with

the verbal permission from the property owner/controller or authorized representative. Permission shall be obtained for each fli ght operation.

5. All flight operations over public lands shall be conducted only with prior written authorization of the controlling body and away from any congested areas or open air gatherings.

6. The eBee will remain clear of, and give right of way to, all manned aircraft and

activities at all times.

7. During flight operations the PIC shall not operate the eBee from a moving vehicle.6 | P a g e

8. The eBee may not be operated at speeds exceeding 87 knots of ground speed or calibrated airspeed. At no time will the manufa ctured maximum rated speed be

exceeded.

9. The eBee will not be operated at an altitude exceeding 5 00 feet AGL excepting when small terrain features such as small gullies or ravines causes the eBee to momentarily exceed this limit.

10. All flight operations must be conducted at least 500 feet from all nonparticipating

persons, vessels

, vehicles , and structures unless;

a. The owner or operator of any vessels, vehicles, or structures has granted permission for operations closer than 500 feet and the PIC has made a safety assessment and deemed there to be no danger to persons or property; and

b. Barriers or structures are present that sufficiently protect all nonparticipating person from the eBee and/or debris in the event of an accident. The op erator must ensure that all nonparticipating persons remain under such protection. If a situation arises where any nonparticipating person leave such protection are within 500 feet of the eBee, flight operation must cease immediately in a manner ensuring the safety of all nonparticipating persons.

c. The PIC, VO’s, essential persons, or persons required for training or

demonstrations are not considered nonparticipating and as such are part of the flight crew obliged to follow all FAA and CMI policies and regu lations

.

11. All people designated as members of the flight crew will fall under the authority of the

PIC in as far as 14 C.F.R. 91.3 allows.

12. The eBee many not be operated less than 500 feet below or less than 2,000 feet horizontally from a cloud or when vis ibility is less than 3 statute miles.

13. The eBee many not be operated at night as defined in 14 C.F.R. § 1.1.

14. All operations must be conducted under visual meteorological conditions (VMC).

15. Flights under special visual flight rules (SVFR) are not authoriz ed.

16. The eBee must be operated within Visual Line Of Sight (VLOS) of the PIC at all times. The PIC may not use human vision aides, with the exception of corrective

lenses , contacts, or sunglasses , as specified on the PIC’s FAA

- issued airman

medical certificate or U.S. driver’s license.

17. The eBee may not operate within 5 nautical miles (NM) of an airport having an operation control tower, or within 3 NM from an airport with a published instrument flight procedure but not an operations tower, or 2 NM from an airport without a published inst rument flight procedure or an operational tower, or 2 NM from a heliport with a published instrument flight procedure unless a letter of agreement with that airport’s management is obtained or otherwise permitted by a COA issued to the7 | P a g e exemption holder. Th e letter of agreement with the airport management must be made available to the Administrator or any law enforcement official upon request.

18. The operator may not permit any PIC to operate unless the PIC demonstrates the ability to safely operate the UAS i n 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 b e 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 wit h 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 experience

- building flights, all p ersons not essential for flight operations are considered nonparticipants, and the PIC must operate the UAS with appropriate distance from nonparticipants in accordance with 14 CFR §

91.119.

19. The PIC will abort the flight in the event of u nforeseen obstac les or emergencies in a safe manner as dictated by the operational documents.

20. If the eBee loses communication or GPS signal it must return to a pre

- determined

location within the AO.

21. The PIC is prohibited to begin a flight (considering wind and weather c onditions) if the battery does not contain enough available power for the eBee to conduct it intended portion of the mission and return with at least 5 minutes of remaining powered flight time.

22. The PIC will not operate the eBee alon e, all operations must utilize at least one trained visual observer (VO). The VO may be used to satisfy the VLOS requirement as long as the PIC always maintains VLOS capability. The VO and the PIC must be able to communicate verbally at all times. Text/electronic messaging doe s not satisfy this requirement and is not permitted during flight operations.

23. The PIC must be designated before the flight and cannot transfer his or her designation or responsibilities for the duration of the flight

.

24. Under this grant of exemption, a PI C must hold either an airline transport, commercial, private, recreational, or sport pilot certificate. The PIC must also hold a

current FAA airman medical certificate 3 rd class or higher or a valid U.S. driver’s license issued by 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.

25. The pilot must have t heir pilots’ certificate, medical certificate or drivers’ license, and logbook on site when acting as PIC.8 | P a g e

26. The PIC and VO must be trained by a SenseFly representative, or by a qualified operator who has been trained by a SenseFly representative.

27. Any VO must be trained by an authorized PIC and hold a valid U.S. driver’s license issued by a state, the District of Colombia, Puerto Rico, a territory, a possession, or the Federal government or a current FAA airman medical certificate 3 rd class or higher

.

28. Any person acting as VO must have their drivers’ license or medical certificate on site when actively acting as a VO.

29. The PIC is responsible for ensuring that the VO is qualified and capable of performing all of his or her duties.

30. All members of the flight crew will remain at their stations, as assigned by the PIC according to safety procedures , for the duration of the flight. Should a member of the flight crew, other than the PIC, need to leave their station they will only do so:

a. With the permission of the PIC, and

b. If the member is a VO

, only if there is a second VO on the flight crew who is able to continue uninterrupted visual observation.

31. The PIC shall remain at his or her station, without exception, throughout the entire duration of the flight.

32. The operator is responsible for maintenance and inspecting the eBee to ensure that it is in condition for safe flight.

33. Each eBee operated under this exemption must comply with all of SenseFly’s sa fety

bulletins.

34. The operator must follow SenseFly’s maintenance, overhaul, replacement, inspection, and life limit requirements for the aircraft and all aircraft components.

35. Prior to each operation the operator will conduct a pre

- operations check to de termine if the eBee is safe for operations. The pre

- operation 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 eBee , the aircraft is prohibited from operating until the necessary maintenance has been performed

and the eBee i s found to be in a condition for safe flight.

36. Prior to each flight the PIC will conduct a pre

- flight check to determine if the eBee is safe for operations. The pre

- flight inspection must account for all potential discrepancies, e.g. inoperable components, items, or equipment. If the inspection

reveal s 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.

37. Each person who acts as the PIC shall mainta in a log book

.9 | P a g e

38. Should the eBee undergo any maintenance or alterations that affect the eBees operation or flight characteristics, ( e.g. replacement of a flight critical component), must undergo a functional test flight prior to conducting further operatio ns 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 or structures. The functional test flight must be conducted in such a manner so as to not pose an undue hazard to persons and property.

39. A flight log will be maintained for each UAS. Each flight shall be entered into the log and include, data, time of operation, flight time, location, PIC, VOs, PIC’s Certification number and any pertinent notes (accidents, incidents , injuries, damage, maintenance, replaced components). Each entry will be initialed by the PIC and the senior VO. The administrating operator will total the total time airborne and sign each page of the log as it is completed.

40. Any incident, accident, or flight operation that transgresses the lateral or vertical

boundaries of the 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 Boar d (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov.

7) Conclusion

With the advent of safe and reliable autonomous technologies and safety standards CMI will be able to deliver accurate data to our partners in a manner which maximizes sa fety and minimizes time requirements and cost previously unattainable. CMI is a responsible operator and member of the scientific community and respectfully requests an exemption to utilize the SenseFly eBee to conduct mapping, surveying, and data collect ion missions to better our ability to provide accurate and timely environmental and natural resource information to enhance management capabilities for the world community.

Yours sincerely,

Daniel Cross Project Assistant Conservation Management Institute Virginia Tech
falkus@vt.edu10 | P a g e

8) Appendix A

CMI 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. 65 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 th e 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 t o 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 conducted by the manufacture for operations with the eBee, which demonstrates that assertion, is also being submitted to the FAA as part of this application.

Given that the FAA has granted numerous other exemptions to other SenseFly eBee operations, CMI believes that this assertion has been demonstrated.

• 14 C.F.R. § 45.23 & 14 C.F.R. § 45.29: Display of marks; size of marks

These regulations provide that each air craft 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 of 37.8 inches), this requirement is impossible to match.

• 14 C.F.R. § 91.7(a)

- (b); Civil Aircraft Airworthiness

Section 91.7(a) requires that a civil aircraft must be in airworthy condition to be operated. In at least 4 previous grants of exemption for the eBee, the FAA has concluded that an exemption was required under 14 C.F.R. § 91.7(a). In each instance, the FAA granted relief under 91.7(a) through a requirement that each11 | P a g e petitioner ensure that the eBee is in an ai rworthy condition

– based on compliance with the User Manual and Inspection and Maintenance Requirements

– prior to every flight. [ See Exemption No. 11167, p. 11; Exemption No. 11170, p. 17; Exemption No. 11193, p. 5; Exemption No. 11136, p. 15.] CMI therefore requests that the FAA find similar relief under the same conditions is warranted

here.

Section 91.7(b) places responsibility on the PIC to ensure an aircraft is in a condition safe for flight. In prior grants of exemption to the eBee, the FAA

de termined that exemption from this section was not necessary. [ See Exemption No. 11136, p. 16.] To the extent that the FAA determines an exemption is required here, CMI respectfully requests that the FAA find compliance with the manufacturer’s manuals, and requirements of the grant of exemption, a sufficient means for ensuring that the eBee is in a condition for safe flight.

• 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, unle ss 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 PIC 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

fo r 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), CMI proposes that the operators of the eBee should not be

req uired to hold a commercial pilot certification. Instead, operators should be required to successfully pass a manufacturer’s training program for the eBee, be trained by a PIC that has successfully passed a manufacturers training program,

and have a PIC tha t holds either an airline transport, commercial, private, recreational, or sport pilot certificate. The PIC must also hold a current FAA

airman medical certificate 3 rd class or higher or a valid U.S. driver’s license issued by a state, the District of Colo mbia, 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.12 | P a g e

• 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

. CMI assumes that the intent of this requiremen t is to ensure that flight manual information is available to the aircrew while operating the aircraft. CMI 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 should they be required.

The equivalent level of safety will be achieved by keeping a hard copy of all operational documents in the eBee transportation case at all times.

• 14 C.F.R. § 91.105: Flight Crewmembers at Stations.

This regulations specifies that all flight crewmembers hall be at their stations unless absence is necessary to perform duties and that all safety belts remain

fastened.

Since the eBee is too small to carry a flight crew it is unnecessary for ground

based crewmembers to b e fitted with safety harness es , however all crewmembers will be at their assigned ground stations throughout the duration of flight operations.

• 14 C.F.R. § 91.109(a): Flight Instruction

The regulation provides that "No person may operate a civil aircraft that is being used for flight instruction unless that aircraft has fully functioning dual controls." CMI proposes that flight instruction will be accomplished through a training

program lead by a trained PIC, using first the simulation mode of the flight management software eMotion and then dedicated flight training missions. The equivalent level of safety during the training will be achieved by the manufacturer, or manufacturer trained P IC, 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 wil l be operating at a maximum of 5 00 feet AGL, the eBee cannot comply with this requirement.

The equivalent level of safety will be achieved because the eBee will only fly over

pr ivate property with the permission of the landowner or public lands with prior authorization. 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. All persons who ma y 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 the13 | P a g e ground. Due to the small size of the eBee and the material with which the eBee is built, the hazard to persons, ve ssels, 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 oper ated 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

crui sing 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 th e 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

d eparture 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 envi ronmental 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, CMI 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 int egrated “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 th e operator is primarily responsible for maintaining the aircraft in an airworthy condition, including compliance with Parts 39 and 43.14 | P a g e 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 acco mplished by certificated mechanics, under Part 43, or licensed pilots and records of approval

of the aircraft for return to service.

CMI proposes that the maintenance of the eBee will be accomplished by the owner/operator according to the user manual , pr ovided by SenseFly , and CMI’s eBee Operational Procedures Manual

. CMI requests the FAA treat the eBee user manual and CMI’s eBee Operational Procedures Manual as proprietary under 14

C.F .R. 11.35(b) and not include th ese document s 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 f amiliar 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 seque nce of pre

- flight tests to make sure that every se nsor 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 ma nual 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. Any accident, incident, inj ury, damage, maintenance, or replacement of components will be logged in the eBees log book and reported to the NTSB and/or local authorities if appropriate

.15 | P a g e

9) Appendix B

– SenseFly Ebee User Manual , SenseFly’s Justification of Airworthiness and Safety Assessment and CMI eBee Operational Procedures

Manual

– Proprietary Documents

Please refer to email reference this petition filing and comment number for the password for these proprietary documents.16 | P a g e

10) Appendix C

– Federal Registry Summary

Pursuant to 14 C.F.R. Part 11, Conservation Management Institute (CMI), College of Natural Resources and Environment, Virginia Polytechnic Institute and State University offers the following summary for publication in the Federal Register, should publication be necessary:

CMI seeks an exemption from the following rules:

 14 C.F.R. 21, Subpart H

 14 C.F.R. 45.23

 14 C.F.R. 45.29

 14 C.F.R. 61.3

 14 C.F.R. 61.113(a)&(b)

 14 C.F.R. 61.133(a)

 14 C.F.R. 91.7(a)&(b )

 14 C.F.R. 91.9

 14 C.F.R. 91.105

 14 C.F.R. 91.109(a)

 14 C.F.R. 91.119

 14 C.F.R. 91.121

 14 C.F.R. 91.151(a)

 14 C.F.R. 91.203(a)(1)

14 CFR Subpart E (91.401

- 91.417) Approval of these exemptions will permit CMI to conduct commercial unmanned aircraft
syst ems (“UAS”) operations in farming and agricultural applications. The exemptions will enhance safety by reducing risk to the general public and property owners/operators from the risk and hazards associated with performing equivalent work through convention al manned

aircraft.