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 15th, 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 

Natural 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 Procedures Manual as proprietary under 14 C.F.R. 11.35(b) and does not include 

these documents in the public docket.
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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-testcenter-conducts-ebee-airworthiness-assessment], and the US Army Corps of Engineers (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 exemptions from SenseFly who also obtained flight approvals 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) 

• Sweden (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 section 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 Virginia Tech. CMI exists 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 committee of representatives from the four 

academic departments within the College (Fisheries and Wildlife Conservation, Forest 

Resources and Environmental Conservation, Geography, and Sustainable Biomaterials). 
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3) Characteristics of the Aircraft

The eBee, designed and manufacture by SenseFly 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 survey and 

mapping missions by utilizing onboard Global Positioning System (GPS) and related flight 

management software (eMotion) that allow the operator to plan and conduct safe and efficient

missions in 3-D and monitor in-flight data in real time. The eBee uses an interchangeable 

internal camera to take a collection of high-definition still images 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 the 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 eliminates the need for hazardous, flammable, liquid fuels. 

3) Semi-autonomous flight.

a. The software incorporated within the eBees autopilot system continuously 

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 management 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.
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4) UAS Applications

CMI is primarily an environmental and natural resource research entity that services a wide 

range of partners, from government/municipalities to private individuals from all around the 

world. CMI intends to utilize the eBee UAS to conduct mapping, aerial imaging, data collection,

and survey missions in a wide range of projects that may include, but are not limited to; 

 Wildlife Monitoring

 Botanical Identification

 Fire Fuel Modeling

 Agricultural Monitoring

 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 appropriate 

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 case 

to and from the AO and removes the need of an airborne crew. The eBee poses less of a risk to 

people and property on the ground as well as airborne aircraft due to the light materials used 

and the limited force of an impact.

Furthermore, due 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.
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6) Operational 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 all operations and shall be conducted in accordance 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 SenseFly 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 documents 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 times, 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 reflect 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 her 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 flight 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 manufactured maximum rated speed be 

exceeded.

9. The eBee will not be operated at an altitude exceeding 500 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 operator 

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 regulations.

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 visibility 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 authorized.

 

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 instrument 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 the 
7 | P a g e

exemption holder. The 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 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 experience-building flights, all persons 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 unforeseen obstacles 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 conditions) 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 alone, 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 does 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 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 3rd 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 their pilots’ certificate, medical certificate or drivers’ license, and 

logbook on site when acting as PIC.
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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 3rd 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 safety 

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 determine 

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 is 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 

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. 

37. Each person who acts as the PIC shall maintain a log book.
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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 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 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 (AFS80) 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. 

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 safety 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 collection 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.edu
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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 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 

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 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 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 each 
11 | P a g e

petitioner ensure that the eBee is in an airworthy 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 

determined 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, 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 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 

for compensation or hire. 

Given the safety features of the eBee and the fact that the missions are preprogrammed and monitored in real-time with a specific flight management 

software (eMotion), CMI proposes that the operators of the eBee should not be 

required 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 that holds either an airline transport, commercial, private, 

recreational, or sport pilot certificate. The PIC must also hold a current FAA 

airman medical certificate 3rd 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.
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 

requirement 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 be fitted with safety harnesses, 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 PIC, 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 500 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 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 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 
13 | 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, 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, 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 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. 
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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. 

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

owner/operator according to the user manual, provided 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 these documents 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. Any accident, incident, injury, 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. 
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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.
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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 

systems (“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 conventional manned 

aircraft.