Cameron R Cloar

Associate

T 415-984-8285

ccloar@nixonpeabody.com

One Embarcadero Center, 18th Floor

San Francisco, CA 94111-3600

415-984-8200

4818-7732-8677.1

July 2, 2015

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave, SE

Washington, DC 20590

RE: Amendment to Exemption No. 11646 Issued Under Section 333 of the FAA

Reform Act and Part 11, in Regulatory Docket No. FAA-2015-0700

of the Federal Aviation Regulations

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”

or “Section 333”), Subsection (f) of 49 U.S.C. § 44701, and 14 C.F.R. Part 11, BioSensing

Systems, LLC (“BioSensing Systems”) seeks an amendment to Exemption No. 11646 to operate

two additional small Unmanned Aircraft Systems: the DJI Matrice 100 (“Matrice 100”), and the

3D Robotics X8+ (“X8+”). On May 21, 2015, the FAA issued Exemption No. 11646 to

BioSensing Systems to allow it to operate the Sensefly eBee sUAS for aerial imagery,

inspection and data collection services. This requested amendment to that exemption will allow

BioSensing Systems to operate the Matrice 100 and X8+ for the same reasons and under the

same conditions. There has been no other change in conditions and reasons relative to public

interest and safety that were the basis for granting the original exemption.

Additional sUAS Platforms – DJI Matrice 100 & the 3D Robotics X8+

Operations pursuant to the exemption will be subject to strict operating requirements and

conditions to ensure at least an equivalent level of safety to currently authorized operations

using manned aircraft and under the same conditions as permitted by the FAA in Exemption

No. 11646. The Matrice 100 weighs approximately 5.2 pounds and the X8+ weighs 7.3 pounds,

including payload. Both models are powered electrically via small, lithium polymer batteries

that drive electric propellers. The Matrice 100 and X8+ have extensive automated control

features, redundant systems, and integrated fail-safes, and they will be operated under controlled

conditions and at low altitudes in airspace that is limited in scope.
4818-7732-8677.1

July 2, 2015

Page 2

Exemptions Requested

BioSensing Systems respectfully requests exemptions from the following regulations previously

granted by the FAA in Exemption No. 11646:1

14 C.F.R. § 91.7(a);

14 C.F.R. § 61.23(a);

14 C.F.R. § 61.113(a);

14 C.F.R. § 61.101(e)(4);

14 C.F.R. § 61.315(a);

14 C.F.R. § 91.119(c);

14 C.F.R. § 91.121;

14 C.F.R. § 91.151;

14 C.F.R. § 91.405(a);

14 C.F.R. § 91.407(a)(1);

14 C.F.R. § 91.409(a)(1)-(2); and

14 C.F.R. § 91.417(a).

Airworthiness of the Matrice 100 and the X8+

Both the Matrice 100 and the X8+ are airworthy and compliant with a significant level of safety.

In fact, the many previous 333 Grants of Exemptions by the FAA for operations of the X8+, and

similarly designed DJI platforms, underscore that operations of the Matrice 100 and X8+ by

BioSensing Systems will not adversely affect safety when compared to similar operations

conducted by aircraft that have been issued an airworthiness certificate under 14 C.F.R. Part 21,

Subpart H. [E.g., FAA Exemption Nos. 11357 (granting exemption for the DJI Phantom 2

Vision +), 11325 ( granting same for the DJI Phantom 2), 11626 (granting same for the X8+).]

To be sure, the Matrice 100 weighs a mere 5.2 pounds (approximately 2,400 grams) and is

powered electrically by small, lithium polymer batteries that drive electric propellers. It operates

at a cruising speed of no more than 22 meters per second. Similarly, the X8+ weighs only 7.3

pounds, including payload, and has a cruising speed of less than 15 mile per hour. Both

platforms were designed with extensive automated control features, redundant systems, and

integrated fail-safes which enhance safe takeoff, flight, and landing in many conditions. Further

1 BioSensing Systems will operate under the same operating conditions as those required under the original grant of

exemption (No. 11646), in which exemptions for certain FARs was deemed by the FAA as “not necessary.”

Accordingly, BioSensing Systems does not request FAA exemption from: 14 C.F.R. Part 21, Subpart H; 91.7(b);

91.9(b)(2); 91.113; 61.133(b); 61.133; 91.203; and 91.405(b). Should the FAA determine that relief from these or

any other regulation is required for the operations proposed herein, BioSensing Systems will be happy to

supplement this request for amendment and include justifications for those necessary additional exemptions.
4818-7732-8677.1

July 2, 2015

Page 3

details of these features are provided in the DJI Matrice 100 3D Robotics X8+ operating

manuals.2

To maintain airworthiness, BioSensing Systems will follow the inspection and maintenance

programs designed specifically for the Matrice 100 and X8+ by their manufacturers. Those

programs are enhanced by inflight monitoring systems for the Matrice 100 and X8+ that

monitor current position, wind speed and direction, battery charge, flight time, and altitude,

including both above the takeoff location and above sea level. If onboard sensors detect a

critical situation at any time (low battery, close proximity to the ground, weak data link signal,

etc.) the aircraft will automatically initiate a preprogrammed safety procedure. In the event of

any malfunction, the Matrice 100 and X8+ will undergo all maintenance required by the

manufacturers and undergo flight testing before recommencing commercial operations.

Good cause exists to grant BioSensing Systems an amendment to Exemption No. 11646. Doing

so, is in the public interest based on the clear direction in Section 333, the Federal Aviation Act,

the high and equivalent level of safety of the proposed operations, and in consideration of the

size, weight, speed and limited operating area associated with the Matrice 100 and the X8+.

Accordingly, BioSensing Systems respectfully requests that the FAA grant an expedited

amendment to add the Matrice 100 and X8+ to its sUAS operations.

Very truly yours,

NIXON PEABODY, LLP

Cameron R Cloar

CRC

2 BioSensing Systems submits the following documents, as proprietary and under confidentiality, in support of this

request for amendment to Exemption No. 11646: the DJI Matrice 100 User Manual, Version 1.0; the DJI Matrice

100 In the Box; the DJI Matrice 100 Disclaimer and Safety Guidelines, Version 1.0; the DJI Matrice 100 Intelligent

Flight Battery Safety Guidelines, Version 1.0; 3D Robotics Drone Safety; 3D Robotics Troubleshooting Guide; 3D

Robotics X8+ Flight Checklist; 3D Robotics X8+ Failsafe Configuration; 3D Robotics Flight Safety; and, 3D

Robotics X8+ Operation Manual. At the request of the FAA, BioSensing Systems will also be pleased to provide,

under confidentiality, its General Operations Manual.