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- 4298

September 22, 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 (the “Reform Act”)
and 14 C.F.R. Part 11, Zephyr

- UAS, Inc. (“ ZEPHYR ”), an operator of the eBee (“eBee) a nd eXom (“eXom”) both being Small Unmanned Aircraft System s (sUAS) manufactured by SenseFly SA of
Switzerland, seeks 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 )

 14 C.F.R. 91.9

 14 C.F.R. 91.109(a) & 91.319 (a) (1)

 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) & (b)

 14 CFR Subpart E (91.401

- 91.417)

The requested exemption would authorize commercial operations using the eBee and eXom for mapping and survey support applications of railroad corridors and other infrastructure . These operations will be subject to strict operating requirements defined in the eBee and eX om user manual ( Z EPHYR requests the FAA treat the eBee & eXom training program , user manual,

maintenance manual & risk assessment as proprietary under 14 C.F.R. 11.35(b) and does not include this document in the public docket) and conditions defined by the Safety Code of the Academy of Model Aeronautics (see Annex B), in order to ensure at least an equivalent level of safety to currently authorized operations using manned aircrafts. The aircraft carries an onboard

geo

- reference d still camera that allows it to conduct precision photogrammetry at the resolution necessary for highly accurate topographic mapping and modeling . This high

- resolution data can be used for determining locations for track construction and reconfigurations

. This data can also improve efficiency in engineering efforts for more accurately planning for increases in track infrastructure for the railroads and rail transit agencies

.

The use of an airborne survey vehicle also prevents personnel from entering dang erous areas of an operating railroad which is subject to strict FRA rules under 49CFR, Part 49

- Transportation

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Track Safety Standards . By approving these exemptions, the FAA will create benefits to both public agencies and private railroads which are ul timately in the public interest.

The eBee & eXom (UAV’s) will be operated in the field with both a Pilot in Command (PIC) and a ground

- based Visual Observer (VO) in accordance with FAA Policy N 8900.227 Section 14 "Operational Requirements for UAS" with the following additional restrictions:

 All operations will occur in Class G airspace at no more than 400 ft. above ground level (AGL).

 Operations will occur over railroad propert ies with the permission of the owner.

 All required permits will be obtained from state and local government prior to operation.

 The aircraft will not be operated at air shows or over an open

- air assembly of people.

 Operations will be limited to daytime and visual meteorological conditions (VFR flight rules) by an individual who fu lfill the following requirements:

o Aircraft will remain within Visual Line of Sight (VLOS) at no greater than 1/2NM

from the PIC at all times

o While the aircraft is airborne, the VO will be positioned within voice and/or radio

distance from the PIC.

o Has succ essfully passed a manufacturer’s training program

, for the UAV’s ;
Z EPHYR requests the FAA treat the UAV’s training program as proprietary under 14 C.F.R. 11.35(b) and does not include thi s document in the public docket;

o Has a Private Pilot license.

 The PIC and VO will meet the requirements outlined in FAA Policy N 8900.227 Section 16 Personnel Qualifications. Additionally, the PIC and VO will perform maintenance on the system and will complete a course of maintenance instruction as part of their initial training from the manufacturer. Due to the simplicity of the system, we do not anticipate the need

for a supplemental pilot.

While performing s UA S mapping operations on active railroad rights

- of

- way, the PIC and VO will be under the jurisdiction of the Fe deral Railroad Administration (FRA). Any personnel working on an active railroad line must obtain an initial 40 hours of safety training and an 8 hour annual refresher course. The operator of the s UAS must carry evidence of being able to work on an active railroad in the form on an ID detailing the time and date of the training. While FRA regulations do not apply to the National Airspace System (NAS), we feel these added safety regulations further enhance our awareness and intent to operate a s UAS with the utmost care, attention, and responsibility. Furthermore, the use of a s UAS will help eliminate the need for personnel to enter hazardous and dangerous operating railroad right

- of

- way to measure and collect topographic data.

A s UAS can help prevent injury and the loss of life while working on active railroad rights

- of

- way

.

1. CHARACTERISTICS OF THE AIRCRAFT

sU A S O pera t i ng O v e r v i e w : The sUAS utilized are either a fixed or rotary

- wing aircraft constructed of foam or rugged polycarbonate materials. The aircraft are easy to assemble or come

pre

- assembled. The sUAS can be operated manually or in fully autonomous flight modes. Creating

pr e

- planned flight paths in autonomous mode is as simple as clicking on reference points on a geo

referenced maps. Pre

- mission waypoints, landing zones, and flight area dimensions can be entered5 3 50 CAMINO DE BRYANT

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during preflight planning ensuring the sUAS operates only wit hin specified boundaries and pre

determined flight parameters.

The Sensefly eBee is a fixed wing drone while the Sensefly Exom is a quad copter.

The eBee is a battery

- powered drone allowing flight times up to 50 minutes. Its wingspan is 38 inche s. Takeoff weight is 1.7 pounds.

The eXom is a battery

- powered drone allowing flight times up to 22 minutes. It measures approximately 7.0 H x 22 L x 32 W inches. Rotor blade diameter measures 13 inches. Takeoff weight is 3.7 pounds.

The eBee is m ade of flexible foam that performs pre

- programmed precision aerial mapping

missions due to the on

- board GPS and the related flight management software (eMotion) that allows the operator to plan safely and efficiently a mission in 3D, and then monitor it in real

- time. Due 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 of the surveyed area.

The four main characteristics of the eBee & eXom 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 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. The eXom is also light weight and because it is a quadcopter can land and take off from open or confined spaces alike.

b. Elect ric

- powered

The eBee & eXom are electric powered. A brushless engine technology makes it silent and reliable.

The eBee 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.5 3 50 CAMINO DE BRYANT

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c. Semi

- automatic flight

The artificial intelligence incorporated within the eBee & eXom 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 & eXom 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

The intended applications are specifically for aerial mapping of railroad corridors & infrastructure
that are heavily industrial in nature and away from the general public.

3. APPLICABLE LEGAL STANDARD UNDER SECTION 333

a. Airworthiness assessment of the eBee & eXom

ZEPHYR notes that the airworthiness of the eBee & eXom have 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.nmsu.edu/Articles/view/10208/nmsu

- uas

flight

- test

- center

- conducts

- ebee

- airworthiness

- assessment , and the USA CE New Orleans, who coordinated with the Department of Army and the FAA to obtain all authorizations required i n order to operate the eBee UAS).

Moreover, SenseFly obtained flight approvals for the eBee (delivered by national civil aviation authorities) i n 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 f or 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. Operating requirements

Grant of the exemp tion to ZEPHYR for the eBee & eXom will be subject to the following operating conditions, based on the operating conditions set forth by the Academy of Model Aeronautics (see5 3 50 CAMINO DE BRYANT

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Annex B). The main restrictions are summarized below:

 Operations to be conducted over private, controlled

- access, or public property where approved;

 Permission from the land owner/authority required before commencing any flight;

 Operations over congested areas shall be avoided;

 Operations must not interfere with manned aircraft operat ions, must yield the right of way 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 with in Visual Line of Sight (VLOS) and will be visually
monitored at all times;

 VLOS guaranteed with a GPS geo

- fence around operator of 0.5 miles

 Flight ceiling pre

- programed at 400 feet;

 All operations conducted within 5 miles from an airport shall only be in itiated 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 or city jurisd ictions; including local law enforcement, fire, or other appropriate governmental agencies.

 The eBee & eXom operations will be compliant with existing safety procedures inherent to the activities of the related company.

c. Operator Requirements

The eBee & eXom operator wi ll have a Private Pilot license and will successfully have passed a

manufacturer’s training program for Sensefly products.

3. CONCLUSION

We submit that the combination of the aircraft's light weight, historically demonstrated flight performance, qualified flight crew and strict operation under the guidelines established in 8900.227, the FAA can have confidence that the operation will have an equivalent or greater level of safety to manned aircraft performing the same mission.

The nam e and contact information of the applicant are:

Zephyr

- UAS, Inc.

Attn: Marc A. Cañas

GIS Professional Phone: (714) 420

- 7238 Fax: (714) 480

- 1787

Email: macanas@ jlp a tterson.com

Or5 3 50 CAMINO DE BRYANT

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Jacqueline L. Patterson, PE President, Principal Engineer Phone: (714) 658

- 4298

Fax: (714) 480

- 1789

Email: jlp atterson@ jlp atterson.com

Kyle C . Patterson, PE Vice President/Visual Observer (VO) Phone: (714) 866

- 7211

Fax: (714) 480

- 1789

Email: kc patterson@ jlp atterson.com

Janelle M. Patterson

Vice President/Visual Observer (VO) Phone: (714) 866

- 7074

Fax: (714) 480

- 1789

Email: jm patterson@ jlp atterson.com

Sincerely

, Zephyr

- UAS , Inc.

Marc A. Cañas , GISP

President

Appendices:

A. Exemption Request and Equivalent Level of Safety B. Academy of Model Aeronautics Safety Requirements C. Privacy Issues D. Safety CaseAPPENDIX A: EXEMPTION REQUEST AND EQUIVALENT LEVEL OF SAFETY

SHOWINGS UNDER APPLICABLE RULES SUBJECT TO EXEMPTION

Z EPHYR requests an exemption from the following regulations as well as any additional regulations that may technically apply to the operation of the eBee & eXom :

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 & eXom , its very light weight (the maximum take

- off weight is 1.7 pounds) (3.1 pounds for the eXom) 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 i nvolved. An analysis of these different criteria demonstrates that the eBee & eXom 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 airw orthiness certificate. A proprietary risk assessment for operations with the eBee & eXom , which demonstrates that assertion, is also being submitted to the FAA as part of this application. ZEPHYR requests the FAA

treat the eBee & eXom risk assessment as pr oprietary under 14 C.F.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 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. § 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 pilot incommand of an aircraft for compensation or hire. Su bparagraph (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 & eXom 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 & eXom sho uld not be required to hold a commercial pilot certification. Instead, operators should be required to:

Have a private pilot license 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 it is in airworthy

condition. Should the exemption be granted allowing commercial operation of the eBee & eXom

without an airworthiness certificate, no standard will exist for airworthiness of the eBee & eXom

. Given the size of the aircraft and the previous airworthiness assessments given to the eBee , eXom

, among others:

 New Mexico State University: https://newscenter.nmsu.edu/Articles/view/10208/nmsu

uas

- flight

- test

- center

- conducts

- ebee

- airworthiness

- assessment

 USACE New O rleans, 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 of

USACE structure s & activities

An equivalent level of safety will be achieved by insuring compliance with the SenseFly manuals prior to 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. ZEPHYR assumes that the intent of this requirement is to ensure that flight manual information is available to the aircrew while o perating the aircraft. ZEPHYR 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 of safety will be achieved by keeping a ha rd copy of the flight manual in the

eBee & eXom transportation box.

14 C.F.R. § 91.109(a) & 91.319(a)(1): 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."

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 duringthe training will be achieved by the manufacturer or authorized distributor providing the training

and through the use of experienced and qualified o perators familiar with the eBee & eXom.

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 & eXom cannot comply w ith this requirement.

The equivalent level of safety will be achieved because the eBee & eXom 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 ce iling, preventing the eBee & eXom 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 & eXom and the material with which the eBee & eXom 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 aircr aft 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 & eXom autopi lot 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 & eXom

, ZEPHYR believes that an equivalent level of safety is already achieved with the specific procedure preventing the eBee & eXom to accept a take

off order is the battery level is below a given value. Moreover, SenseFly has integrated “low” and“critical” battery le vel warnings and implemented a “return to Home” (and “Go Land”) actions in

these situations.

14 C.F.R. § 91.203 (a) & (b): Carrying Civil Aircraft 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) of this section or a special flight authorization issued under §91.715 is
displayed at the cabin or cockpit entrance so that it is legible to passengers or crew.

The eBee weighs only 1.7 pounds (max take

- off weight) & the eXom weighs 3.1 pounds . As such, there is no ability or place to carry certification and registration docum ents or to display them on the UAS. In addition, there is no pilot or passengers on board the aircraft.

To obtain an equivalent level of safety and meet the intent of 91.203, ZEPHYR propose that documents deemed appropriate for this aircraft by the FAA will be co

- located with the operator at the ground control station in the eBee & eXom box and available for inspection upon request

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. 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 accom plished by certificated mechanics, under Part 43, or licensed pilots and records of approval of the aircraft for return to service.

ZEPHYR proposes that the maintenance of the eBee & eXom will be accomplished by the owner/operator according to the maintenance manual, provided by SenseFly. ZEPHYR requests

the FAA treat the eBee & eXom training program as proprietary under 14 C.F.R. 11.35(b) and not include this document in the public docke t.

An equivalent level of safety will be achieved because the eBee /eXom 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 /eXom 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 /eXom will not be able to be switched

- on and a message error is displayed on the main screen

of

t he flight management software . The operator can then refer to the maintenance manual to troubleshoot this issue. Several parts of the eBee /eXom 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.APPENDIX B: ACADEMY OF MODEL AERONAUTICS SAFETY REQUIREMENTS

### Academy of Model Aeronautics Na tional Model Airc raft Safety Code

Effective January 1, 2014

A. GENERAL : A model aircraft is a non-human-carrying aircraft capable of sustained flight in the atmosphere. It may not exceed limitation s of this code and is intended exclusively for sport, recreation

, education and/or competition. All model flights must be conducted in accordance with this safety code and any additional rules specific to the flying site.

1. Model aircraft will not be flown: (a) In a careless or reckless manner. (b) At a location where model aircraft activities are prohibited.

2. Model aircraft pilots will: (a) Yield the right of way to all human-carrying aircraft. (b) See and avoid all aircraft and a spotter must be used when appropriate. (AMA Document #540-D.) (c) Not fly higher than approximately 400 feet above ground level within three (3) miles of an airport without notifying the ai rport operator. (d) Not interfere with operations and traffic patterns at any airport, heliport or seaplane base except where there is a mixed use agreement. (e) Not exceed a takeoff weight, including fuel, of 55 pounds unless in compliance with the AMA Large Model Airplane program. ( AMA Document 520-A.) (f) Ensure the aircraft is identified with the name and address or AMA number of the owner on the inside or affixed to the outs ide of the model aircraft. (This does not apply to model aircraft flown indoors.) (g) Not operate aircraft with metal-blade propellers or with gaseous boosts except for helicopters operated under the provision s of AMA Document #555. (h) Not operate model aircraft while under the influence of alcohol or while using any drug that could adversely affect the pi lot’s ability to safely control the

model. (i) Not operate model aircraft carrying pyrotechnic devices that explode or burn, or any device which propels a projectile or d rops any object that creates a hazard to persons or property.
Exceptions:

 Free Flight fuses or devices that burn producing smoke and are securely attached to the model aircraft during flight.

 Rocket motors (using solid propellant) up to a G-series size may be used provided they remain attached to the model during flig ht. Model rockets may be flown in accordance with the National Model Rocketry Safety Code but may not be launched from model aircraft.

 Officially designated AMA Air Show Teams (AST) are authorized to use devices and practices as defined within the Team AMA Progr am Document. (AMA Document #718.) (j) Not operate a turbine-powered aircraft, unless in compliance with the AMA turbine regulations. (AMA Document #510-A.)

3. Model aircraft will not be flown in AMA sanctioned events, air shows or model demonstrations unless: (a) The aircraft, control system and pilot skills have successfully demonstrated all maneuvers intended or anticipated prior to the specific event. (b) An inexperienced pilot is assisted by an experienced pilot.

4. When and where required by rule, helmets must be properly worn and fastened. They must be OSHA, DOT, ANSI, SNELL or NOCSAE app roved or comply
with comparable standards.

B. RADIO CONTROL (RC)

1. All pilots shall avoid flying directly over unprotected people, vessels, vehicles or structures and shall avoid endangerment of life and property of others.

2. A successful radio equipment ground-range check in accordance with manufacturer’s recommendations will be completed before the first flight of a new or repaired model aircraft.

3. At all flying sites a safety line(s) must be established in front of which all flying takes place. (AMA Document #706.) (a) Only personnel associated with flying the model aircraft are allowed at or in front of the safety line. (b) At air shows or demonstrations, a straight safety line must be established. (c) An area away from the safety line must be maintained for spectators. (d) Intentional flying behind the safety line is prohibited.

4. RC model aircraft must use the radio-control frequencies currently allowed by the Federal Communications Commission (FCC). Only individuals properly licensed by the FCC are authorized to operate equipment on Amateur Band frequencies.

5. RC model aircraft will not knowingly operate within three (3) miles of any pre-existing flying site without a frequency-management agreement. (AMA Documents #922 and #923.)

6. With the exception of events flown under official AMA Compet ition Regulations, excluding takeoff and landing, no powered model may be flown outdoors closer than 25 feet to any individual, except for the pilot and the pilot's helper(s) located at the flightline.

7. Under no circumstances may a pilot or other person touch an outdoor model aircraft in flight while it is still under power, exc ept to divert it from striking an

individual.

8. RC night flying requires a lighting system providing the pilot with a clear view of the model’s attitude and orientation at all times. Hand-held illumination systems are inadequate for night flying operations.

9. The pilot of an RC model aircraft shall: (a) Maintain control during the entire flight, maintaining visual contact without enhancement other than by corrective lenses presc ribed for the pilot. (b) Fly using the assistance of a camera or First-Person View (F PV) only in accordance with the procedures outlined in AMA Document #550. (c) Fly using the assistance of autopilot or stabilization system only in accordance with the procedures outlined in AMA Document # 560.

C. FREE FLIGHT

1. Must be at least 100 feet downwind of spectators and automobile parking when the model aircraft is launched. 2. Launch area must be clear of all individuals except mechanics, officials, and other fliers. 3. An effective device will be used to extinguish any fuse on the model aircraft after the fuse has completed its function.

D. CONTROL LINE

1. The complete control system (including the safety thong where applicable) must have an inspection and pull test prior to fly ing. 2. The pull test will be in accordance with the current Competition Regulations for the applicable model aircraft category. 3. Model aircraft not fitting a specific category shall use thos e pull-test requirements as indicated for Control Line Precisio n Aerobatics. 4. The flying area must be clear of all utility wires or poles and a model aircraft will not be flown closer than 50 feet to a ny above-ground electric utility lines. 5. The flying area must be clear of all nonessential participants and spectators before the engine is started.Academy of Model Aeronautics 5161 East Memorial Drive Muncie, Indiana 47302 (800) 435

- 9262 | Membership Services | www. modelaircraft.org 

## Academy of Model Aeronautics

5161 East Memorial Drive Muncie, Indiana 47302 (800) 435

- 9262

– Membership Services

www. modelaircraft.org



# “SEE	AND	AVOID”	GUIDANCE

A.	General:

1.	The	primary	means	to	avoid	collisions	between	all	aircraft	flying	within	our National	Airspace	System

(NAS)	is	“See	and	Avoid.”

2. Vigilance	must	be	maintained	by	each	person	operating	an	aircraft	(whether	mode l	or	manned)	so	as	to

“see	and	avoid”	other	aircraft.

3.	Model	aircraft	must	avoid	manned	aircraft.	Our	privilege	to	fly	model	aircraft	in the	NAS	depends	on	our

commitment	to remain	“well	clear”	of	manned	aircraft.

4.	Simply	avoiding	an	actual	collisio n	is	not	enough.	A	“near	miss”	is	not acceptable.

5.	Unless	flying	at	a	mixed

- use	site	where	manned	and	model	aircraft	routinely	share	airspace	through

their	own	site

- specific rules,	model	aircraft	must	fly	sufficiently	far	away	from	manned	aircraft	so	as	not	to

create	a	collision	hazard.

6.	Model	aircraft	flying	must	not	only	be	safe,	it	must	be	perceived	to	be	safe	by	the	greater	manned

aviation	community.	Modelers	must	conti nually	demonstrate	their	respect	for	the	safety	of	manned

aircraft	by	remaining	vigilant	and	well	clear.

7.	Whenever	a	potential	conflict	arises	between	model	aircraft	and	manned	aircraft,	the	pilot	of	the	model

aircraft	must	always	give	way	to	the	manned aircraft.

8.	The	pilot	of	a	model	aircraft	must	never	assume	the	pilot	of	a	manned	aircraft	can see	the=	model	or	will

perform	any	maneuver	to	avoid	the	model’s	flight	path.

9.	Visual	Line	of	Sight	is	required	by	the	Safety	Code.	It	means	that	visual	co ntact	with	the	aircraft	must	be

maintained	without	enhancement	other	than	by	corrective	lenses	prescribed	for	the	model	aircraft	pilot.

All	RC	flying	must	remain	clear	of	clouds	smoke	or	any	other	obstruction	to	the	line	of	sight.

10. “ Blue	Sky ” is	a	term used	to	explain	the	method	used	to	increase	separation	between	a	model	and	a

manned	aircraft	in	the	same	vicinity.	The	modeler	should	maneuver	the	aircraft	in	such	a	way	as	to

increase	the	amount	of	blue	sky	perceived	between	the	model	and	the	manned	airc raft.	By	increasing	the

blue	sky	separation,	the	question	about	depth	perception	is	taken	out	of	the	equation	and	the	modeler

need	not	worry	whether	the	model	is	closer	to	him	than	the	manned	aircraft	or	further	away.	Increasing

the	blue	sky	between	the	mo del	and	the	manned	aircraft	automatically	increases	separation	between

them.Academy of Model Aeronautics 5161 East Memorial Drive Muncie, Indiana 47302 (800) 435

- 9262 | Membership Services | www. modelaircraft.org 

## Academy of Model Aeronautics

5161 East Memorial Drive Muncie, Indiana 47302 (800) 435

- 9262

– Membership Services

www. modelaircraft.org

11.	A	modeler	should	never	place	any	consideration	for	the	well

- being	of	the	model	aircraft	above	the

safety	of	manned	aircraft.	Maneuvering	to	avoid	the	conflict	may	require that	the	model	aircraft	be

sacrificed.

12.	Free	flight	models	should	not	be	launched	with	relatively	low	altitude	manned

aircraft	in	sight	and	downwind	or	headed	downwind	from	the	launch	site.



## B.	Spotters:

1.	Before	a	flight,	the	pilot	must	insure	that	t he	spotter	understands	his/her	duties

and	expectations.

2.	A	spotter	should	be	used	to	assist	in	monitori ng	the	surrounding	airspace	for manned	aircraft	whenever

a	flight	is	expected	to	exceed	400	feet	above	the	ground and	that	operation	is	expected	to	be in	proximity

to	known	manned	aircraft	traffic such	as	at	a	mixed

- use	facility	or	within	three	miles	of	an	airport.	The

spotter	must have	sufficient	visual	acuity	and	be	mature	enough	to	take	this	responsibility	very seriously.

3.	A	spotter	should	also	be	prepared	to	assist	his/her pilot	in	the	event	that	another	model	aircraft	or

spectators	become	endangered	or	in	turn	are	perceived	to	be	a danger	to	the	pilot	or the	pilot’s	model

aircraft.

4.	If	a	model	aircraft	pilot	experien ces	what	he	or	she	considers	a	near	miss with	a	manned	aircraft,	that

model	aircraft	pilot	should	notify	AMA	Headquarters with	a	written	report	of	the	incident,	including	action

taken	by	the	model	aircraft	pilot to	avoid	the	manned	aircraft.	This	report	is intended	to	help	the	modeler,

the	club, and	the	AMA	capture	as	much	detail	as	possible	so	that	it	may	be	used	to	assist	all parties	in

recalling	the	particulars	of	the	incident	at	a	later	time.	Call	1

- 800

- 435

- 9262 (1

- 800

- IFLYAMA)	extension	230

or	251	for assistance	with	this	report.PAGE 1 OF 3 (Revision 01/14/2013 ) A M A Document # 56 0



### Acade m y of M odel Aer o nau t i c s

AMA A d va n ce d Flight S ys t em s C o mmit te e amaflights y st e ms@ g mail.com

Ra di o Controlled Model A ircraft Operation

Utilizing Fail s afe, Stabilization and A utopilot S y stems

1

. DEFINITION OF TERMS:

Please refer to Page 3, section 7 w hich con t a i ns an alphabetical list i n g of the d e finitions of the

terms in italics that are used in this docu m ent.

2

. G ENER A L:

All model aircraft fligh t s utili z ing stabilization and autopil ot cont r ol s y stems must be conducted

in accor d ance w ith AMA’s current Na t i onal M odel Aircraft S a fet y Code and an y addit i onal r ules

spec i fic to a fl y ing site / l oca t i o n

.

3

. OPER A TIONS

– REQUIREMENTS

– LI M IT A TIONS:



### a ) AMA members flying radio controlled model aircra f t equipped with f light stabili z

ation and
autopi l ot systems must maintai n VLOS w ith the aircr a ft at all t i m e s including program m ed
autopilot w a y point f l i g ht.



### b ) AMA Pilot s must be able to instantaneously deactivate pr o grammed flight of autopi lo t

sys t e m s at any time during flight and resume manual contro l o f the model aircra f t.



### c) AMA Pil o ts must perform an R/C Test Flight of a model aircraft before acti v ating a n e w ly

in s talle d autopilo t o r stabili z

ation system and/or after any repair s or replacement o f m odel

aircraft essential flig h t sys t e m s

.



### d ) Model aircraft exceeding 1 5 lbs and/or 70mph may only u se an autopilot for a pr og rammed

“return to launch” (RTL) flight and not for programmed waypoint flying o f a pred e termi n ed

c ourse.



### e) STABILI Z ATION & AUTOPIL O T SYS T EM S MAY B E USED FOR/ T O :

• Stabilization/automatically stabilize aircraft to level flight when control sticks are centered.

• Recovery/activate TRX switch to recover an out of control aircraft to level f light.

• Heading/activate TRX switch to hold a model aircraft’s h e ading f o r p rec i s i on fl i g h t pa t h

.

• Altitude/activate TRX switch to maintain f ixed aircraft altitude w hile allowing directiona l con t rol.

• Return GPS/activate TRX switch to return a ircraft v ia GPS t o launch po i nt.

• Return FSS/failsa f e activated f rom r adio s i gnal loss to return air c r a ft v ia GPS to launc h point.

• Fixed circle/activate TRX switch to circle aircraft at point of activation at fixed altitude.

• Waypoint/activate TRX switch to initiate an a u topilot programmed flight path via w a y p o ints.

• Fencing/autopilot programed to display site unique boundaries on video monitor/goggles.PAGE 2 OF 3 (Revision 01/14/2013 ) 4

. R A NGE

– A LTITUDE

– WE I GHT

– S P E ED:

a) One of the requirements in Federal Law (Public Law 11 2

- 95 Sec 336 (c) (2) February 14,
2012) for model aircraft to be e x cluded fr o m F AA regulati o ns is t h at model aircr a ft be

f l o w n w ithin V L O S of the operator

.

b) Model aircraft must be flown at or below 400 feet AGL when within 3 mile s o f an airport as

s t ated in t he AMA Safet y Cod e

.

c) Model aircraft utilizing an autopi l ot for w aypoint fl y ing are limited to a ma x imu m w ei g ht (including fuel, batteries

, an d o nbo a rd autopilot systems ) o f 15lbs and a spee d o f
70mp h

.

5

. RECOMMEND A TIONS & INFORM A TION:

a) If your radio s y stem lacks failsafe capability, consider using programm a ble di g ital ser v os or

au x iliar y fails a f e mo d ules. In the event of a radio signal failur e the s e components w ill activate desired safe servo settings or an autopilo t for retur n to ba s e/launch (RTL).

b) W hen using an a utopilot system the “return to launch” ( R TL) featu r e should b e

program m ed to return the aircr a ft to a safe lo c ation and safel y term in ate the flight s hou l d

manual control of the aircraft be lost. When using RTL, pa y particular attention to the

manufa c turer’s thr o ttle recommendations to pre v ent stalling.

c) The use of stabili z

ation syste m s is recommended when flying FPV to i mprove flight

stabilit y and v ideo qua l it y

.

d) Pilots usually choose to incorporate stabi l i z

ation and autopilo t s y

ste m s for model a irc ra ft

fl y ing to enhance flight pe r for m an c e, correc t bad t endencies of t he model aircraf t

, maintain stabilit y in w i nd y w eather, establish precision heading holds for takeoffs/landings, flight training for novice pilots, cre a te a steady f light plat f orm for

ca m eras, and general ly just to m ake an airp l ane easier and safer to fl y

.

e) W hen purchasing stabili z

ation and autopilot syste m s , always try to select quality equipment

f rom reputable dealers, ensure for co m patibility with other onboard systems, and install

co m ponents accordin g to m anufacturers’ instructio n s

.

6

. PRIV A CY PROTE C TION S A FEGU A RDS:

The u s e of ima g ing technology for aerial surveillance with radio control model aircra f t having the capability of obtaining high

- resolution photograph s and/or v ideo, or using any types of sen s or s , for the collection, retention, or dissemination of sur v eillance data or information on individuals, homes, businesses, or p r opert y at locations where there is a reasonable expectation of privacy is strictly prohibited by the AMA unless written expressed permis s ion is obtained f r om the individual propert y o w ners or m a na g ers

.PAGE 3 OF 3 (Revision 0 7 / 20 /2013 ) 7

. D EFINITION S O F TERM S :

**A M**  **A Pilot** is an AMA member w ho is capabl e of manuall y operating an R/C tran s mitter to control a model aircraft’s flight path within its safe intended flight envelope w ithou t losi n g
control or ha v ing a col l is i on.

**Autopilot Sy s**  **tem s**  i n c o r p o r a t e p r o g r a m m a b l e f li g h t s t a b il i z

a t i o n w i t h a n a l t i t ud e s e n s o r a n d

a G P S r e c e i v e r f o r a c c u ra t e p o s i ti o n i n g an d to n a v i g at e / c o n t r o l a r ad i o c o n t r ol le d m o de l

a ir c r a ft ’ s f l ig h t pa t h

. A d v anc e d s y st e m s o f f e r s o ft w a r e fo r e n t e r i n g n a v i g ab l e w a y po i n t s

. T h e
f l i g h t d a t a w a y po i n t s m a y b e s a v e d t o a u t op i l o t ’ s / G P S m e mo r y fo r p r og r a mm e d f l i g h t.

**Essential Flight System s**  a r e any systems or components necessar y to mai n tain stable flight w ithin a model ai r craft’s flight envelope

. (This includes primar y R/C s y stems and any stabili z

ation or g y ros required to maintain s t abilit y and heading in c ertain types of model aircraft that would be uncontrollable/unstable without their use).

**Failsafe S ystems**  are designed to minimize or prevent damage and sa f ely terminate a flight when a radio controlled model aircraft loses radi o signal. Modern r a dio s y st e ms c a n be programmed to position servos to a desired control setting in the event of radio signal

failure.

**First Person Vie w**  **(FP V**  **)** refers to the operation of a radio co n trolled (R/C) m o del aircraft

us i ng an onboard camera’s cockpit view to orient and control the a i r c r aft. ( A M A Docu m e nt #550).

**Flight Envelope** is defined as the range of airspeeds, attitudes and flight ma n eu v ers which

a model aircraft can safel y pe r fo r m/opera t e for its i n tended u s e.

**Non**

**- Essentia**  **l Fl**  **i gh**  **t Systems**  are any systems or components that are not ne c essa r y to maintain stable flight within the model aircraft’s intended flight en v elope

. (This inclu d e s autopilot o r stabilization sy s te m s that can be activated and deactivated in flight by the p i lot

w ithout affecting manuall y controlled stab l e flight).

**R/C T**  **est Flight** r eq uires an AMA Pilot to manuall y operate an R /C tran s mitter t o contr o l a model aircraft’s flight path and determi n e i f the aircraft is cap a ble o f maintaini ng stable flight within its sa f e intended flight envelop e

.

**Stabilization System**  **s** a r e designed to maintain intended m o d el ai r craft flight attitudes.
The pilot can install, program and/or activate a system to stabilize yaw, pitch, o r roll or any

one atti t ude or c o mbination of a t titudes. Systems are often based o n rate/heading hold gyros or inertial motion sensors utilizing multi

- a x is gyros and ac c elerometers for

atti t u de s tabili z ation.

**V**

**isua l**  **Line of S**  **i g**  **ht (V**  **LOS )**  is the distance at which the pilot is able to maintain v isual

contact w ith the aircraft and dete r mine its orientation and attitude without enhan c ements

other than corrective len s es.APPENDIX C: PRIVACY ISSUES

The eBee /eXom is proposed to be flown over sterile, unpopulated to lightly populated a reas generally
over private railroad property not open to the general public at the direction of the owner railroad. In
addition, we propose to obtain landowner permission to fly over properties as part of our services and
to notify non

- landowners over wh ich we will be flying. Finally, most of our flights will be 300 to 400
feet above ground surface, making visual recognition of people on the ground impossible. Because of
the sterile environment and the pre

- notification of landowners and personnel on the g round, privacy
compromises due to ZEPHYR activities are anticipated to be alleviated. Under no circumstances will

ZEPHYR ’s aircraft be utilized to purposefully invad e the privacy of peoples or properties in areas

within our studies or outside of our study boundaries.APPENDIX D: SAFETY CASE

Safety of our flight crew, other aircraft, people on the ground, an d public and private properties is of
utmost importance to ZEPHYR

. ZEPHYR ’s Pilot in Command (PIC) will be responsible for all
safety procedures and p rotocols while on the ground. The Visual Observer (VO) will assist the PIC
in maintaining safety procedures throughout the course of a project. Safety procedures to be utilized
in the filed include the following:

 A full diagnostic check of the aircraft by the PIC and VO using a pre

- flight checklist will be
performed on the ground prior to commencement of each project;

 High visibility (day

- glow orange or green) will be worn by the flight crew during each
project. In addition, at the ground station, a hi gh contrast flag or banner that contains the
words "Unmanned Aircraft Ground Station" will be placed prior to any flights;

 Operations to be conducted over private or public controlled

- access property where
approved;

 Permission from the land owner/authori ty required before commencing any flight;

 Operations over congested areas shall be avoided;

 Operations will not interfere with manned aircraft operations, will yield the right of way to
manned aircraft, and operators must See & A void other aircraft and obstacles at all times.

Use of an ADS

- B receiver by the VO will assist in monitoring the presence of other proximal

aircraft;

 Operations limited to Visual Flight Rules Meteorological Conditions (VMC) and daylight

h ours

 Aircraft operations will remain within Visual Line of Sight (VLOS) and will be visually

monitored at all times;

 Use of a high

- definition first

- person view from the aircraft will assist the PIC and VO
identify potential flight conflicts and terminate or alter the pre

- programmed flight plan;

 VLOS guaranteed with a GPS geo

- fence around operator of 0.5 miles

 Flight ceiling pre

- programed at 400 feet;

 All operations conducted within 5 miles from an airport shall only be initiated after verbal

c oordination with the airport authority, or ai r traffic control when a control tower is present at the airport;

 All operations will comply with required permissions and permits established by territorial,
state, county or city jurisdictions; including local law enforcement, fire, or other appropriate
governmental agencies; Post

- flight inspection of the aircraft will be performed by the PIC and VO utilizing a

postflight checklist;

 The eBee operations will be compliant with existing safety procedures inherent to the
activities of the related company.