# RICE()ENERGY

February 19,2016

U.S. Department ofTransportation DocketManagement System 1200 NewJerseyAve., SE Washington, DC 20590 

### Re: Exemption Request Under Section 333 ofthe FAA Reform Act and Part 11 of theFederalAviation Regulations DearMadam orSir, Pursuant to Section 333 ofthe FAA Modernization and Reform Act of2012 (the "Reform Act") and 14 C.P.R. Part 11, RICE ENERGY INC. ("RICE"), an operator of the eBee Unmanned Aircraft System ("eBee") seeks an exemption from the Federal Aviation Regulations ("FARs") listed below: 

## • 14 C.P.R. 21 

## • 14 C.P.R. 45.23 

## • 14 C.F.R45.29 

## • 14 C.P.R. 61.133(a) 

# • 14 C.P.R. 91.7(b) 

## • 14 C.P.R. 91.9(b)(2) 

# • 14 C.P.R. 91.109(a) 

## • 14 C.P.R. 91.119 

## • 14 C.P.R. 91.151(a) 

## • 14 C.P.R. 91.203(a) & (b) 

# • 14 CFR Subpart E (91.401- 91.417) The requested exemption would authorize commercial operations using the eBee for mapping, surveying, and inspection applications. These operations will be subject to strict operating requirements defined in the eBee user manual (RICE requests the FAA treat the eBee training program as proprietaryunder 14 C.P.R. 11.35(b) and does not include this document in the public docket) and conditions defined by the Safety Code ofthe Academy ofModel Aeronautics (see Annex B), in order to ensure at least an equivalent level of safety to currently authorized operations using manned aircrafts. The eBee will be operatedby an individual who fulfills the following requirements:

• Has successfully passed a manufacturer's training program for the eBee; RICE requests the FAAtreatthe eBee training program as proprietary under 14 C.P.R. 11.35(b) and does not include this document in the public docket.

# RICE,;ENERGY

1. CHARACTERISTICS OF THE AIRCRAFT The eBee is a small (37.8 inches wingspan) and ultra-light (maximum take-off weight of 1.7 pounds) platform made 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 it in real-time. Thanks to the embedded camera, protected by a foam envelope, the eBee takes a collection of high-definition still images that are used later to generate maps and contour lines ofthe surveyed area. The four main characteristics ofthe eBee are:

a. Very light weight The eBee is so light that the operator can launch it by hand and let it land on almost any surface without requiring a parachute or landing net (belly land). Its low impact energy (38 J in case ofa controlled emergency landing) also significantly reduces the risk ofhazardous situations. Finally, the wings ofthe eBee are detachable and made offlexible 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 rubberband to the body ofthe plane so that it can easily flex away in case ofcontactwith 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 ofthe flight underthe supervision ofthe 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 to emergentcircumstances, thanks to the remote controllerprovided withthe system. 2. APPLICATIONS The eBee will be usedto map proposed and constructed well pad sites, gas compression and metering stations, andpipeline rights-of-way. 3. APPLICABLE LEGAL STANDARD UNDERSECTION 333

a. Airworthiness assessment ofthe eBee

# RICEf/)ENERGY

RICE notesthatthe airworthiness ofthe eBee has already been demonstrated for differentprojects in the United States, involving state/federal agencies or universities (among others the New Mexico State University: https://newscenter.nmsu

.edu/Articles/view/10208/nmsu-uas-flight-testcenter-conducts-ebee-ai rworthiness-assessment, and the USACE New Orleans, who coordinated with the Department of Army and the FAA to obtain all authorizations required in order to operate the eBee UAS). ' Moreover, SenseFly obtained flight approvals for the eBee (delivered by national civil aviation authorities) in many countries, among others:

• Switzerland (flight approval for VLOS operations) • Canada (flight approval for VLOS operations) • Australia (flight approval for VLOS operations) • France (flight approval for Extended-VLOS operations) • Germany (flight approval for VLOS operations) • United Kingdom (flight approval for VLOS operations) • Norway (flight approval for VLOS operations) • Sweden (flight approval for VLOS operations) • Denmark (flight approval for VLOS operations) b. Operatingrequirements Grant ofthe exemptionto RICE for the eBee will be subjectto the following operating conditions, based on the operating conditions set forth by the Academy ofModel Aeronautics (see Annex B). The main restrictions are summarizedbelow:

• Operations to be conducted over private, controlled-access, or public property where approved; • Permission from the land owner/authorityrequired before commencing any flight; • Operations overcongested areas shall be avoided; • Operations must not interfere with manned aircraft operations, must yield the right ofway to manned aircraft, and operators must See & Avoid other aircraft and obstacles at all times • Operations limited to Visual Flight Rules Meteorological Conditions (VMC) and daylight hours • Aircraft operations must remain within Visual Line ofSight (VLOS) and will be visually monitored at all times; • VLOS guaranteed with a GPS geo-fence around operatorof0.5 miles • Flight ceilingpre-programed at400 feet; • All operations conducted within 5 miles from an airport shall only be initiated after verbal coordination with the airport authority, or air traffic control when a control tower is present at the airport; • All operations shall comply with required permissions and permits established by territorial, state, county orcityjurisdictions; including local law enforcement, fire, orother appropriate governmental agencies. • The eBee operations will be compliant with existing safety procedures inherent to the activities oftherelated company.

# RICEf!ENERGY

c. OperatorRequirements

The eBee operatorwill have successfullypassed a manufacturer'straining program for the eBee. 4. CONCLUSION RICE is a an oil and gas exploration andproduction company currently engaged in the development and transportation ofnatural gas from the Marcellus Shale and Utica Shale formations in Pennsylvania and Ohio. We believe thatthe use ofthe eBee UAS is saferthan havingRICE's employees orcontractors out in the field for specific projects. The use ofthe eBee will also allow for more efficient collection ofinformationregarding the construction and safety status ofour locations and infrastructure, ultimatelyprovidingbetter safety not only to RICE's employees and contractors butthe general public as well. We are preparedto modify or amend anypartofthis requestto satisfythe need for an equivalent level ofsafety. We look forward to workingwith your office. Please contactus at anytime ifyou require additional information orclarification

Yours sincerely,

# C~**--** ErikR. Fargo Senior Counsel

- Operations Rice Energy Inc. 400 WoodcliffDrive Canonsburg, PA 15317 Office: 724-746-6720 erik.fargo@riceenergy.com

# RICEf/) ENERGY

ANNEXA: EXEMPTIONREQUEST AND EQUIVALENTLEVEL OFSAFETY SHOWINGSUNDERAPPLICABLERULES SUBJECTTOEXEMPTION RICE requests an exemption from the following regulations as well as any additional regulations that maytechnically apply to 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 byFAR§ 91.203(a). Given the size ofthe eBee, its minimal weight (the maximum take-offweight is 1.7 pounds), and the limited operating area associated with its utilization, it is unnecessary to go through the certificate ofairworthiness process under Part 21 SubpartH in orderto achieve or exceed current safety levels. Such an exemption meets the requirements of an equivalent level of safety under Part 11 and Section 333 ofthe Reform Act. The Federal Aviation Act and Section 333 oftheReform Actboth 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 ofthe UAS involved. An analysis ofthese different criteria demonstrates thatthe eBee operated without an airworthiness certificate, under the conditions proposed in that exemption, will be at least as safe, or safer, than a conventional aircraft with an airworthiness certificate. A proprietary risk assessment for operations with the eBee, which demonstrates that assertion, is also being submitted to the FAA as part ofthis application. RICE requests the FAA treat the eBee risk assessment as proprietary under 14 C.P.R. 11.35(b) and not include this document in the public docket.



### 14 C.F.R. 

### §45.23 & 

### 14 C.F.R. 

### §45.29: Display ofmarks; size ofmarks 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 ofthe eBee (wingspan of37.8 inches), this requirement is impossible to match. 

### 14 C.F.R. 

### § 91.7(a): Civil aircraftairworthiness This regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. Should the exemption be granted allowing commercial operation ofthe eBee without an airworthiness certificate, no standard will exist for airworthiness ofthe eBee. Given the size of the aircraft and the previous airworthiness assessments given to the eBee, amongothers:

• New Mexico State University: https://newscenter.nmsu.edu/ Articles/view /I0208/nmsu-

# RICE,;E NERGY

uas-flight-test-center-conducts-ebee-airworthiness-assessment

• USACE New Orleans, who coordinated with the Department ofArmy and the FAA to obtain all authorizations required in order to operate the eBee UAS for levee system monitoring, documentation ofconstruction progress, and extensive oblique photography ofUSACE structures & activities An equivalent level ofsafety will be achieved by insuring compliance with the SenseFly manuals priorto each flight. 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. RICE assumes that the intent ofthis requirement is to ensure that flight manual information is available to the aircrew while operating the aircraft. RICE 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. The equivalent level ofsafety will be achieved by keeping a hard copy ofthe flight manual in the eBee transportation box. 14 C.F.R. § 91.109(a) & 91.319(a)(1): FlightInstruction 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." Flight instruction will be accomplished through an elaborated training program, using first the simulation mode of the flight management software eMotion. The equivalent level of safety during the training will be achieved by the manufacturer or authorized distributor providing the training and through the use ofexperienced and qualified operators familiar withthe 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 of400 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 ofthe landowner or properties controlled by RICE. The operator will define before every flight a working arearadius and a flight area ceiling, preventingthe 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 ofthe expected route offlight and the associated risks to persons and property on the ground. Due to the small size ofthe 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 shouldbe considered in granting the exemption. Moreover, the aircraft will not be operated over congested areas nor over any open-air assembly

# RICE

# (~**ENERGY** of persons. The aircraft will be operated at an altitude allowing, if a power unit fails, an emergencylanding withoutundue hazardto persons orproperty on the surface. 14 CFR91.121- Altimeter settings This section requires that each person operating an aircraft shall maintain the cruising altitude or flight level ofthat aircraft, as the case may be, by reference to an altimeter that is set, when operating below 18,000 feet MSLto:

• The current reported altimeter setting ofa station along the route and within 100 nautical miles ofthe aircraft; • Ifthere is no station within the area prescribed in paragraph (a)(l)(i) ofthis section, the currentreported altimeter setting ofan appropriate available station; • In the case ofan aircraftnotequippedwith a radio, the elevation ofthe 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-flighttests. 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 forFlight 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 ofintended landing and to fly after that for at least 30 minutes. Given the area of operation for the eBee, RICE believes that an equivalent level of safety is already achieved with the specific procedure preventing the eBee to accept a take-offorder ifthe 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 C.F.R. § 91.203 (a) & (b): Carrying CivilAircraft Certification and Registration This regulation provides as follows: • No person may operate a civil aircraft unless it has an appropriate and current airworthiness certificate. • No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) ofthis section or a special flight authorization issued under §91.715 is displayed atthe cabin orcockpit entrance so that it is legible to passengers or crew. The eBee weighs only 1.7 pounds (max take-offweight). As such, there is no ability or place to carry certification and registration documents orto display them on the UAS. In addition, there is no pilotorpassengers on boardthe aircraft.

# RICE

# (~**ENERGY** To obtain an equivalent level of safety and meet the intent of 91.203, RICE proposes that documents deemed appropriate for this aircraft bythe FAAwill be co-located with the operator at the ground control station in the eBee box and available for inspection upon request. 

### 14 CFRSubpartE (91.401

- 91.417)

- Maintenance,PreventiveMaintenance, and Alterations The regulation provides thatthe operator is primarilyresponsible for maintainingthe aircraft in an airworthy condition, including compliance with Parts 39 and 43. Paragraphs 91.407 and 91.409 require thatthe aircraft be "approved for return to service by a person authorized under43.7" 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 Part 43, or licensedpilots and records ofapproval ofthe aircraft for returnto service. RICE proposes that the maintenance of the eBee will be accomplished by the owner/operator according to the maintenance manual, provided by SenseFly. RICE requests the FAA treat the eBee training program as proprietary under 14 C.F.R. 11.35(b) and not include this document in the public docket. An equivalent level of safety will be achieved because the eBee is small in size, it is not a complex mechanical device, it will carry no external payload, and itwill 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 eBee will notbe 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 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. 

### ANNEXB: ACADEMY OFMODELAERONAUTICS SAFETYREQUIREMENTS http://www.modelaircraft.org/files/105

.pdf http://www.modelair craft.org/files/540-D.pdf http://www.modelaircraft.org/files /560.pdf