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# C0 Sharedsuccess. May 22, 2015, Year
U.S. Department ofTransportation Docket Management System 1200 New JerseyAve., SE Washington,DC 20590 Re: Exemption Request Under Section 333 ofthe FAA Reform Act and Part 11 ofthe Federal Aviation Regulations DearMadam, Sir, Pursuant to Section 333 ofthe FAA Modernization and Reform Act of2012 (the "Reform Act") and 14 C.F.R. Part 11 , Mid Kansas Cooperative Association. Mid Kansas Cooperative Association, an operator of the eBee Unmanned Aircraft Syst em ("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) • 14C.F.R.91.119 • 14 C.F.R. 91. 151(a) • 14 CFRSubpartE (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 (Mid Kansas Cooperative Association 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 thepublic docket) and conditions defined in theparagr aph 3. 1. CHARACTERISTICSOFTHEAIRCRAFT The eBee is a small (37.8 inches wingspan) and ultra-light (maximum take-off weight of 1.7 pounds) platform made offlexible 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 operatorto plan safely and efficiently a mission in 3D, and then monitor itin 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 ofthe surveyed area. Thefour main characteristics ofthe eBeeare:
a. Very lightweight The eBee is so light that the operator can launch it by hand and let it land on almost any surfacewithout requiring a parachute or landing net (belly land). Its low impact energy (38 J in case of a controlled emergency landing) also significantly reduces the risk of hazardous situations. Finally, the wings of the eBee are detachable and made of flexible foam with no sharp or hard edges and almost no internal strengthening structure. b. Electric-powered The eBee is electric powered. A brushless engine technology makes it silent and reliable. The propeller is attached with a rubber band to the body of the plane so that it can easily flex away in case of contact with any object. c. Semi-automatic flight The artificial intelligence incorporated within the eBee autopilot system continuously analyzes data from the Inertial Measurement Unit and from the onboard GPS and takes care of all the aspects of the flight under the supervision of the operator. d. Option for Manual control Additionally, the eBee provides an override capability that allows the operator to take manual actions during the flight (Go to Home, Go Land, Hold and Resume the mission) and also suspend automated operations and take manual control of the aircraft should it become necessary to respond emergent circumstances, thanks to the remote controller provided with the system. 2. APPLICATIONS Mid Kansas Cooperative Association will use the eBee for a Precision Ag service to acquire crop heath images that will be used for more efficient field scouting and/or to create variable rate prescriptions. 3. APPLICABLE LEGAL STANDARD UNDER SECTION 333 a. Airworthiness assessment of the eBee Mid Kansas Cooperative Association notes that the airworthiness of the eBee has already been demonstrated for different projects in the United States, involving state / federal agencies or

universities (among others the New Mexico State University: https : / / newscenter . nm su . edu! Articles / view I 1 0208 / nmsu - uas - fligh t - t es t - ce nt er - co nduc t s - ebee a i rworthines s -a ssessment , 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: • Swit z erland (flight approval for VLOS operations) • Canada (flight approval for VLOS operations) • Australia (flight approval for VLOS oper a tions) • 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 YLOS operations) • Denmark (flight approval for YLOS operations)
b. Operatingrequirements Grant ofthe exemption to Mid Kansas Cooperative Association for the eBeewill besubjectto the following operating conditions:
• 1. Operations authorizedbythis grant ofexemption are limitedto the SenseFly eBeewhen weighing lessthan 55 pounds including payload. Proposed operations ofany other aircraft will require a new petition ora petition to amend this exemption.
• 2. Operations for the purpose ofclosed-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 ofno more than 400 feet above ground level (AGL). Altitude mustbereported infeet AGL.
• 5. The UA must be operated within visual line ofsight (YLOS) ofthe 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 orU
.S. driver's license.
• 6. All operations must utilize a visual observer (YO). The UA mustbe operatedwithin the visual line ofsight (VLOS) ofthe PIC and YO at alltimes. The YO maybeused to satisfy the YLOS requirement as long as thePIC always maintains YLOS capability. TheYO and PIC must be able to communicate verbally at all 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 ofthe flight. The PIC must ensure thatthe YO canperform the dutiesrequiredoftheYO.
• 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 Administratorupon request. Ifa 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 ifit petitions for extension or amendment to this grant ofexemption. If the operator determines that any update or revision would affect the basis upon which the FAAgranted this exemption, then the operatormust petition for an amendmentto its grantof 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 mu s t 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. • II . 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 a ll manufacturer safety bulletins. • 13. Under this grant of exemption, a PIC must hold either an airline transport, commercial, private, recreational , or s port pilot ce rtificate. The PIC must also hold a current FAA airman medical certificate or a valid U.S. driv er's license i ssued 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. • 14. The operator may not permit any PIC to operate unless the PIC demonstrates the ability to safely operate th e 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 st ructures. 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 co nsistent with how the UAS will be operated under this exemption are permitted under the t e rms of this exemption. However, training operations may only be conducted during dedicated training sessions. During training , proficiency,

and experience-building flights, a ll 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. U AS 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 fli gh t rules (SVFR) are not authorized.• 16. TheUAmaynot operatewithin 5 nautical miles ofan airport referencepoint (ARP) as denoted in the current FAA Airport/Facility Directory (AFD) or for airports not denoted with an ARP, the center ofthe airport symbol as denoted on the current FAA- published aeronautical chart, unless a letter ofagreement with that airport's management is obtained or otherwise permitted by a COA issued to the exemption holder
. The letter ofagreement with the airport management must be made available to the Administrator or any law enforcementofficial upon request.
• 17. The UA may not be operated less than 500 feet below or less than 2,000 feet horizontally from a cloud orwhen visibility is less than 3 statute miles from thePIC.
• 18. Ifthe UAS loses communications orloses its GPS signal, the UA mustreturn to a predetermined locationwithintheprivateorcontrolled

-accessproperty
. • 19. ThePIC must abortthe flight in the eventofunpredictedobstacles oremergencies.
• 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 recommendedbythemanufacturerifgreater
. • 21. Air Traffic Organization (ATO) Certificate ofWaiver 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 cannotbe conducted underthetenns ofthe attached COA.
• 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 (NNumber) markings in accordance with 14 CFR part 45, Subpart C. Markings must be as large as practicable
. 

## • • 23. Documentsused bythe operator to ensure the safe operation and flight ofthe 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 uponrequest.
• 24. The UA must remain clear and give way to all manned aviation operations and activities at all times
. • 25. The UAS maynotbe operated by the PIC from any moving deviceorvehicle.
• 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 ofthe UA, flight operations must cease immediately in a manner ensuring the safety of nonparticipating persons; and • b. The owner /controller ofany vessels, vehicles or structures has granted permission for operating closer to those objects and the PIC has made a safety assessment ofthe risk ofoperating 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 Mid Kansas Cooperative Association feels that UAV's when used correctly are very safe and will allow us to help our growers' farm more efficiently and reach better yields. Yours sincerely , Signature**~B~**ANNEXA: EXEMPTIONREQUEST AND EQUIVALENTLEVELOFSAFETY SHOWINGS UNDERAPPLICABLERULES SUBJECTTO EXEMPTION Mid Kansas Cooperative Association requests an exemption from the following regulations as well as any additional regulations thatmay technically applyto the operation ofthe eBee: 14 C.F.R.Part21, SubpartH: Airworthiness Certificates 14 CFR§ 91.203(a)(1) Section 91.203 requires all civil aircraft to have a certificate ofairworthiness. 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 ofthe eBee, its very light weight (the maximum take-off weight is 1.7 pounds) and the limited operating area associated with its utilization, it is unnecessary to go through the certificate of airworthiness processunderPart 21 SubpartH in orderto achieve orexceed current safety levels. Such an exemption meets the requirements of an equivalent level of safety under Part 11 and Section333 oftheReform Act. TheFederal AviationActand Section 333 oftheReform Act both authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration of t he size, weight, speed, operational ca pability, and proximity to airports and populated areas ofthe UAS involved. 

### An analysis ofthese 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 FAAas part ofthis application. Mid Kansas Cooperative Association 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): PrivatePilot Privileges and Limitations; Pilotin Command; Commercial Pilot Privileges and Limitations The regulation provides that no person may serve as a required pilot flight crewmemberofa civil aircraft oftheUnited States, unlessthatperson: (1) Has a pilot certificate or special purpose pilot authorization issued under this part in that person's physical possession orreadily accessible in the aircraftwhen exercising the privileges of that pilot certificate or authorization. However, when the aircraft is operated within a foreign country, a pilotlicense issued by thatcountry maybeused
. Theregulation provides also that no person thatholds a private pilot certificate may act as pilot in command ofan aircraftfor compensation orhire. Subparagraph (b) allows a privatepilot to act as pilotin command ofan aircraft in connection with any business oremploymentif:(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 1t IS m airworthy condition. Should the exemption be granted allowing commercial operation of the eBee without an airworthiness certificate, no standard will exist for airworthiness of the eBee. Given the size of the aircraft and the previous airworthiness assessments given to the eBee , among others: • New Mexico State University: https: / / new sc ente r. nmsu.ed u / Art icles / v i ew / 1 0208 / nm s uuas-flight-test-center-conducts-ebee-airworthiness-ass es s ment • US 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 for levee system monitoring, documentation of construction progress , and extensive oblique photography ofUSACE structures & activities An equivalent level of safety will be achieved by insuring compliance with the SenseFly manuals prior to each flight. 14 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 per s ons, 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 afterthatfor atleast 30 minutes. Given the area ofoperation for the eBee, Mid Kansas Cooperative Association believes that an equivalent level ofsafety 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 CFRSubpartE (91.401 - 91.417)- Maintenance, Preventive Maintenance, and Alterations Theregulation provides that the operator is primarilyresponsible for maintaining the aircraft in an airworthy condition, including compliance with Parts 39 and 43. Paragraphs 91.407 and 91.409 require that the aircraft be "approved for return to service by a personauthorizedunder43.7" after maintenance and inspection. Section 91.409(a)(2) requires an annual inspection for the issuance ofan 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 Part43, or licensedpilots and records ofapproval oftheaircraft for return to service. Mid Kansas Cooperative Association proposes that the maintenance of the eBee will be accomplished by the owner/operator according to the maintenance manual, providedby SenseFly. Mid Kansas Cooperative Association requests the FAA treat the eBee training program as proprietaryunder 14 C.F.R. 11.35(b) and notincludethis documentin 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, itwill 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 ofpre-flight tests to make sure that every sensor and every critical part is running properly. Ifa problem is detected, the eBeewill notbe ableto be switched-onand a message erroris displayed onthemain screen of the flight management software. The operator can then refer to the maintenance manual to troubleshoot this issue. Several parts ofthe 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.