June 25, 2015

Exemption No. 11916

Regulatory Docket No. FAA–2015–1255

Mr. Mike Ostrom

General Manager

Tukuh Technologies, LLC

1600 Genessee, Suite 860

Kansas City, MO 64102

Dear Mr. Ostrom:

This letter is to inform you that we have granted your request for exemption. It transmits our 

decision, explains its basis, and gives you the conditions and limitations of the exemption, 

including the date it ends.

By letter dated April 2, 2015, you petitioned the Federal Aviation Administration (FAA) on 

behalf of Tukuh Technologies, LLC (hereinafter petitioner or operator) for an exemption. 

The petitioner requested to operate an unmanned aircraft system (UAS) to conduct aerial 

imaging for the agriculture, energy production and transmission, engineering, manufacturing 

and construction industries for mapping, surveying and inspections operations..

See Appendix A for the petition submitted to the FAA describing the proposed operations and 

the regulations that the petitioner seeks an exemption.

The FAA has determined that good cause exists for not publishing a summary of the petition 

in the Federal Register because the requested exemption would not set a precedent, and any 

delay in acting on this petition would be detrimental to the petitioner.

Airworthiness Certification

The UAS proposed by the petitioner is a SenseFly eBee.

In accordance with the statutory criteria provided in Section 333 of Public Law 112−95 in 

reference to 49 U.S.C. § 44704, and in consideration of the size, weight, speed, and limited 
2

operating area associated with the aircraft and its operation, the Secretary of Transportation 

has determined that this aircraft meets the conditions of Section 333. Therefore, the FAA

finds that relief from 14 CFR part 21, Certification procedures for products and parts, 

Subpart H—Airworthiness Certificates, and any associated noise certification and testing 

requirements of part 36, is not necessary.

The Basis for Our Decision

You have requested to use a UAS for aerial data collection1. The FAA has issued grants of 

exemption in circumstances similar in all material respects to those presented in your petition. 

In Grants of Exemption Nos. 11062 to Astraeus Aerial (see Docket No. FAA−2014−0352), 

11109 to Clayco, Inc. (see Docket No. FAA−2014−0507), 11112 to VDOS Global, LLC (see

Docket No. FAA−2014−0382), and 11213 to Aeryon Labs, Inc. (see Docket No. 

FAA−2014−0642), the FAA found that the enhanced safety achieved using an unmanned

aircraft (UA) with the specifications described by the petitioner and carrying no passengers or 

crew, rather than a manned aircraft of significantly greater proportions, carrying crew in 

addition to flammable fuel, gives the FAA good cause to find that the UAS operation enabled 

by this exemption is in the public interest.

Having reviewed your reasons for requesting an exemption, I find that—

 They are similar in all material respects to relief previously requested in Grant of 

Exemption Nos. 11062, 11109, 11112, and 11213;

 The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and 

11213 also apply to the situation you present; and 

 A grant of exemption is in the public interest.

Our Decision

In consideration of the foregoing, I find that a grant of exemption is in the public interest. 

Therefore, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701, 

delegated to me by the Administrator, Tukuh Technologies, LLC is granted an exemption 

from 14 CFR §§ 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a), 61.315(a), 91.7(a), 

91.119(c), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) 

and (b), to the extent necessary to allow the petitioner to operate a UAS to perform aerial data 

collection. This exemption is subject to the conditions and limitations listed below.

 

1 Aerial data collection includes any remote sensing and measuring by an instrument(s) aboard the UA. 

Examples include imagery (photography, video, infrared, etc.), electronic measurement (precision surveying, RF 

analysis, etc.), chemical measurement (particulate measurement, etc.), or any other gathering of data by 

instruments aboard the UA.
3

Conditions and Limitations

In this grant of exemption, Tukuh Technologies, LLC is hereafter referred to as the operator.

Failure to comply with any of the conditions and limitations of this grant of exemption will be 

grounds for the immediate suspension or rescission of this exemption.

1. Operations authorized by this grant of exemption are limited to the SenseFly eBee

when weighing less than 55 pounds including payload. Proposed operations of any 

other aircraft will require a new petition or a petition to amend this exemption.

2. Operations for the purpose of closed-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 of no more than 400 feet above ground level 

(AGL). Altitude must be reported in feet AGL.

5. The UA must be operated within visual line of sight (VLOS) of the 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 or 

U.S. driver’s license.

6. All operations must utilize a visual observer (VO). The UA must be operated within 

the visual line of sight (VLOS) of the PIC and VO at all times. The VO may be used 

to satisfy the VLOS requirement as long as the PIC always maintains VLOS 

capability. The VO 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 of the flight. The PIC must ensure that the VO can perform the duties 

required of the VO.

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 

Administrator upon request. If a 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. 
4

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 if it petitions for extension 

or amendment to this grant of exemption. If the operator determines that any update 

or revision would affect the basis upon which the FAA granted this exemption, then 

the operator must petition for an amendment to its grant of 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 must 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.

11. 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 all manufacturer 

safety bulletins.

13. Under this grant of exemption, a PIC must hold either an airline transport, 

commercial, private, recreational, or sport pilot certificate. The PIC must also hold a 

current FAA airman medical certificate or a valid U.S. driver’s license issued by a 

state, the District of Columbia, 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 the UAS in a manner consistent with how the UAS will be 
5

operated under this exemption, including evasive and emergency maneuvers and 

maintaining appropriate distances from persons, vessels, vehicles and structures. PIC 

qualification flight hours and currency must be logged in a manner consistent with 

14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs 

(training, proficiency, and experience-building) and determining the PIC’s ability to 

safely operate the UAS in a manner consistent with how the UAS will be operated 

under this exemption are permitted under the terms of this exemption. However, 

training operations may only be conducted during dedicated training sessions. During 

training, proficiency, and experience-building flights, all persons not essential for 

flight operations are considered nonparticipants, and the PIC must operate the UA 

with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119.

15. UAS 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 flight rules (SVFR) are not authorized.

16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as 

denoted in the current FAA Airport/Facility Directory (AFD) or for airports not 

denoted with an ARP, the center of the airport symbol as denoted on the current 

FAA-published aeronautical chart, unless a letter of agreement with that airport’s 

management is obtained or otherwise permitted by a COA issued to the exemption 

holder. The letter of agreement with the airport management must be made available 

to the Administrator or any law enforcement official upon request.

17. The UA may not be operated less than 500 feet below or less than 2,000 feet 

horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.

18. If the UAS loses communications or loses its GPS signal, the UA must return to a 

pre-determined location within the private or controlled-access property.

19. The PIC must abort the flight in the event of unpredicted obstacles or emergencies.

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 recommended by the manufacturer if greater.

21. Air Traffic Organization (ATO) Certificate of Waiver 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 cannot be conducted under the terms of the 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 
6

(N−Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must 

be as large as practicable.

23. Documents used by the operator to ensure the safe operation and flight of the 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 upon request.

24. The UA must remain clear and give way to all manned aviation operations and 

activities at all times. 

25. The UAS may not be operated by the PIC from any moving device or vehicle. 

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 of 

the UA, flight operations must cease immediately in a manner ensuring the safety 

of nonparticipating persons; and

b. The owner/controller of any vessels, vehicles or structures has granted permission 

for operating closer to those objects and the PIC has made a safety assessment of 

the risk of operating 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.

If this exemption permits operations for the purpose of closed-set motion picture and 

television filming and production, the following additional conditions and limitations apply.
7

29. The operator must have a motion picture and television operations manual (MPTOM) 

as documented in this grant of exemption.

30. At least 3 days before aerial filming, the operator of the UAS affected by this 

exemption must submit a written Plan of Activities to the local Flight Standards 

District Office (FSDO) with jurisdiction over the area of proposed filming. The 3-day 

notification may be waived with the concurrence of the FSDO. The plan of activities 

must include at least the following:

a. Dates and times for all flights;

b. Name and phone number of the operator for the UAS aerial filming conducted 

under this grant of exemption;

c. Name and phone number of the person responsible for the on-scene operation of 

the UAS;

d. Make, model, and serial or N−Number of UAS to be used;

e. Name and certificate number of UAS PICs involved in the aerial filming;

f. A statement that the operator has obtained permission from property owners 

and/or local officials to conduct the filming production event; the list of those 

who gave permission must be made available to the inspector upon request;

g. Signature of exemption holder or representative; and

h. A description of the flight activity, including maps or diagrams of any area, city, 

town, county, and/or state over which filming will be conducted and the altitudes 

essential to accomplish the operation.

31. Flight operations may be conducted closer than 500 feet from participating persons 

consenting to be involved and necessary for the filming production, as specified in the 

exemption holder’s MPTOM.

Unless otherwise specified in this grant of exemption, the UAS, the UAS PIC, and the UAS 

operations must comply with all applicable parts of 14 CFR including, but not limited to, 

parts 45, 47, 61, and 91.
8

This exemption terminates on June 30, 2017, unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan

Director, Flight Standards Service

Enclosures
1 Exhibits to this petition contain proprietary information, an in accordance with 14 C.F.R. § 11.35 (b), are not to be included in the Federal 

Docket Management System (FDMS). Pursuant to Section 11.35 (b), the FAA has mandated that “when we are aware of proprietary 

information filed with a comment, we do not place it in the docket. We hold it in a separate file to which the public does not have access, 

and place a note in the docket that we have received it.” Page | 1

1600 Genessee, Suite 860 Kansas City, MO 64102 www.tukuh.com

U.S. Department of Transportation April 2, 2015 

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. § 11.61, Tukuh Technologies, LLC (Tukuh) hereby petitions for an exemption from the listed 

Federal Aviation Regulations (“FARs”) detailed below and in Appendix A for commercial operation of the 

eBee Unmanned Aircraft System manufactured by SenseFly SA of Switzerland. 

 14 C.F.R. § 61.113(a) & (b)

 14 C.F.R § 91.7 (a)

 14 C.F.R. § 91.119 (c)

 14 C.F.R. § 91.151 (a) (1)

 14 C.F.R. § 91.405 (a)

 14 C.F.R § 91.407 (a) (1)

 14 C.F.R. § 91.409(a) (1) and (2)

 14 C.F.R § 91.417 (a) and (b)

The requested exemption would authorize the eBee unmanned aircraft system (UAS) operations to 

conduct aerial imaging for the agriculture, energy production and transmission, engineering, 

manufacturing and construction industries for mapping, surveying and inspections operations. Use of 

the eBee will reduce the need to operate conventional aircraft for mapping and surveying, as well as 

more expensive equipment currently required to perform inspections of power transmission systems, 

pipeline systems, vertical structures and other types of infrastructure. 

The public benefits in using a UAS compared to conventional aircraft or other equipment is an 

equivalent or greater level of safety to the public and/or operators of both airborne or land based 

equipment, often in dangerous environments that involve hazardous materials, high voltage, high 

heights and/or extreme temperatures. Additional benefits occur when UAS operations for critical 

infrastructure inspection are significantly faster than conventional methods, thereby allowing for a more 

timely assessment of risk, repair, and/or mitigation of potential failures. Lastly, a significant public 

benefit is the zero carbon foot print of the UAS compared to alternative options.

Tukuh UA flight operations will be subject to strict requirements and in conditions that ensure at least 

an equivalent level of safety to currently authorized operations using manned aircraft, and under 

conditions as may be modified by the FAA as required by Section 333. All of the UA flight operations will 

be flown in accordance with the Tukuh UAS Aviation Standard Operating Procedures Manual1(TASOP)

and the specific UAS manufacturer User Manual1(SenseFly-eBee). Maintenance will be in accordance 

with the specific UAS manufacturer Maintenance Procedures Document1(SenseFly-eBee). Tukuh 

requests the FAA treat the TASOP and SenseFly documents as proprietary and not include them in the 

public docket. 
1 Exhibits to this petition contain proprietary information, an in accordance with 14 C.F.R. § 11.35 (b), are not to be included in the Federal 

Docket Management System (FDMS). Pursuant to Section 11.35 (b), the FAA has mandated that “when we are aware of proprietary 

information filed with a comment, we do not place it in the docket. We hold it in a separate file to which the public does not have access, 

and place a note in the docket that we have received it.” Page | 2

1600 Genessee, Suite 860 Kansas City, MO 64102 www.tukuh.com

1. Unmanned Aircraft System (UAS) - SenseFly Ebee

Characteristics

The eBee is a small (37.8-inch wingspan) and ultra-light (maximum take-off weight of 1.7 pounds) 

platform made of flexible foam that performs precision aerial mapping missions with an on-board GPS 

and related flight management software (eMotion) that allows the operator to safely and efficiently plan 

a mission in 3D and monitor it in real-time. Because of the embedded camera protected by a foam 

envelope, the eBee can take a collection of high-definition, still images that can later be used to 

generate maps and contour lines of the surveyed area.

The four main characteristics of the eBee include:

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 hard or sharp edges 

and almost no internal strengthening structure. 

b. Electric-powered

The eBee is electric powered. 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 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 with the remote controller 

provided with the system, should it become necessary to respond emergent circumstances.

Airworthiness & Safety

The SenseFly eBee is an inherently airworthy and safe UAS, see UAS manufacturer Justification of 

Airworthiness and Safety Assessment1 (SenseFly-eBee). The FAA has approved grants of exemption 

(exemption No. 11170 and 11136) for eBee UAS operations in the NAS for commercial operations in the 

agriculture and survey industry. Additionally, the Army Corps of Engineers, New Orleans District has 

obtained a Certificate of Waiver or Authorization (COA) for levee investigations and monitoring, and the

University of New Mexico for research into safety of flight procedures. Throughout the world the 

SenseFly eBee UAS has obtained flight approvals in nine countries besides the U.S. for VLOS operations; 

Switzerland, Australia, France, Norway, Sweden, United Kingdom, Canada, Germany and Denmark. 
1 Exhibits to this petition contain proprietary information, an in accordance with 14 C.F.R. § 11.35 (b), are not to be included in the Federal 

Docket Management System (FDMS). Pursuant to Section 11.35 (b), the FAA has mandated that “when we are aware of proprietary 

information filed with a comment, we do not place it in the docket. We hold it in a separate file to which the public does not have access, 

and place a note in the docket that we have received it.” Page | 3

1600 Genessee, Suite 860 Kansas City, MO 64102 www.tukuh.com

2. Operation of the Unmanned Aircraft System (UAS) - SenseFly Ebee 

eBee flight operations will be flown in accordance with the TASOP and the specific UAS manufacturer 

User Manual1(SenseFly eBee). Maintenance will be in accordance with the specific UAS manufacturer 

Maintenance Procedures Document1(SenseFly eBee). The UA will be operated with both a Pilot-inCommand (PIC) and a ground based Visual Observer (VO). 

Operating Conditions

The following is a summation of the more important operating requirements and restrictions from the 

TASOP applicable to this exemption request, a complete review of the TASOP is required to completely 

assess Tukuh UA flight operations procedures:

 UA flight operations will be conducted over private and public lands with permission from the 

land owner and/or government agency responsible for the management of such lands;

 Tukuh’s General Manager will approve all flight operation;

 UA flight operations will be during the day and under visual meteorological conditions;

 UA will be flown with-in Visual Line-of-Sight (VLOS) of both the PIC and VO at all times; 

o Visual contact with the UA is required at all times

 PIC and VO will be in voice communication at all times;

 The UA will be flown in Class G airspace at no higher an altitude of 400 ft. Above Ground Level 

(AGL)

 UA flight operations will not be conducted over congested areas or open air assemblies of 

people;

 PIC will give way to manned aircraft operations and operate the UA to avoid and remain well 

clear of manned aircraft; 

 UA flight operations will be conducted outside of 5 nautical miles (NM) of an airport or helipad 

unless a letter of agreement with the airport’s management is obtained;

 All flights will obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or 

Authorization (COA) prior to conducting flight operations. Included in the COA request will be a 

request for a Notice to Airman (NOTAM).

Operator Requirements 

The eBee is an ultra-light UA made of flexible foam with no sharp or hard edges characterized by a high 

level of pre-programmed controls and various built-in technical capabilities (programming of a geofence, automatic wind detection) that prevent the operator from doing a mission outside of the 

operating limits. All flights are pre-programmed with GPS guidance and do not require human 

intervention; nevertheless human override is possible by clicking on one of the multiple “action” buttons 

or by using the remote controller provided with each eBee UAS. In the case of unplanned events, either 

the autopilot reacts immediately or the operator can choose between different pre-programmed or 

manual actions. Those procedures include a Flight Termination System (emergency landing procedure, 

triggered by the autopilot or the operator in charge: given its very light weight, the eBee will initiate a 

gliding approach to the ground at very low speed around the current location). Moreover, the kinetic 

energy of the aircraft is 60 J in-flight at cruise speed. In comparison, the kinetic energy of a football is 

Page | 1

Appendix A

Appendix A

EXEMPTION REQUEST AND EQUIVALENT LEVEL OF SAFETY SHOWINGS UNDER APPLICABLE RULES 

SUBJECT TO EXEMPTION

14 C.F.R. § 61.113(a) & (b); 61.133(a): Private Pilot Privileges and Limitations; Pilot in Command; 

The regulation prescribes, in pertinent part, that;

(a) No person who holds a private pilot certificate may act as pilot in command of an aircraft that is 

carrying passengers or property for compensation or hire; nor may that person, for compensation or 

hire, act as pilot in command of an aircraft.

(b) A private pilot may, for compensation or hire, 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; and

(2) The aircraft does not carry passengers or property for compensation or hire.

Relief request with explanation:

To allow flight operations with a pilot holding only a private pilot certificate. Given the safety features of 

the eBee UAS and the fact that the missions are pre-programmed and monitored in real-time with a 

specific flight management software (eMotion) and that the eBee UA cannot carry a pilot or passengers, 

the proposed operations can achieve the equivalent level of safety of current manned flight operations 

by requiring the PIC operating the UA to have a private pilot’s license rather than a commercial pilot’s 

license. This equivalent level of safety is achievable with the aeronautical knowledge required of a 

private pilot certificate, specific UA manufacturer platform training (eBee), adherence to company 

training and currency requirements, and the Tukuh Aviation Standard Operating Procedures. 

14 C.F.R. § 91.7(a): Civil aircraft airworthiness

This regulation prescribes that;

(a) No person may operate a civil aircraft unless it is in airworthy condition. 

Relief request with explanation: 

To allow flight operations without an airworthiness certificate. Should the exemption be granted 

allowing operation of the eBee UA without an airworthiness certificate, no FAA regulatory standard will 

exist for airworthiness of the eBee UA. Previous airworthiness assessments given to the eBee UA, 

among others, include:

 Viafield and Advanced Aviation Solutions LLC under exemptions No. 11170 and 11136;

 New Mexico State University: https://newscenter.nmsu.edu/Articles/view/10208/nmsu-uasflight-test-center-conducts-ebee-airworthiness-assessment;

 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 for levee system monitoring, 
Page | 2

Appendix A

documentation of construction progress, and extensive oblique photography of USACE 

structures & activities.

Given the size of the aircraft and the requirements contained in the Maintenance Procedures 

Document1 (SenseFly eBee), and the User Manual1(SenseFly eBee) an equivalent level of safety will be 

provided and the PIC can determine that the UA is in a condition for safe flight.

14 C.F.R. § 91.119 (c): Minimum Safe Altitudes

The regulation prescribes that;

(c) Over other than congested areas. An altitude of 500 feet above the surface, except over open 

water or sparsely populated areas. In those cases, the aircraft may not be operated closer than 

500 feet to any person, vessel, vehicle, or structure.

Relief request with explanation:

To allow for flight operations below 500 feet as permitted in Grant of Exemptions No. 11170 and 11136 

to Viafield and Advanced Aviation Solutions LLC. Given that the eBee UA will only be operated over 

private and public lands with permission of the land owner and/or managing government agency an 

equivalent level of safety can be achieved. Before every flight, the operator will define a working area 

radius and a flight area ceiling, preventing the eBee to go beyond the flight area. The landowner and/or 

managing land personnel and any non-participating personnel will be briefed of the expected route of 

flight and the associated risks to persons and property on the ground. If necessary a geofence can be 

programmed into the flight plan with a distance allowing for a standoff slant range of 500 ft to avoid 

non-participating personnel, and any structures, vehicles or property that are deemed insufficiently 

protected from the eBee UA. Due to the small size and weight of the eBee UA, the material with which 

it is built and its specific safety procedures (among others ground detection), the hazard to persons, 

vessels, vehicles, and structures is not comparable to manned aircraft and should be considered in 

granting the exemption. 

14 C.F.R. § 91.121 Altimeter Settings 

The regulation prescribes that;

(a) 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—

(1) Below 18,000 feet MSL, to—

(i) The current reported altimeter setting of a station along the route and within 100 nautical 

miles of the aircraft;

(ii) 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; or

(iii) 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.
Page | 3

Appendix A

Relief request with explanation: 

To allow for setting barometric altimeter to zero feet AGL instead of local barometric pressure. Given 

that the eBee UA will fly below 400 feet AGL and will not need to maintain hemispherical cruising 

altitudes in order to de-conflict with other aircraft, an appropriate altimeter measurement presented to 

the pilot should be above ground level and should be based on the barometric pressure at the point of 

launch. To provide an equivalent level of safety, the UAS's AGL altimeter will be set to zero on the 

ground prior to every flight. Since the aircraft will fly no more than 50 minutes, even rapid changes in 

barometric pressure will have limited effect on the safety of the flight.

14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions 

The regulation prescribes that;

(a) No person may begin a flight in an airplane under VFR conditions unless (considering wind and 

forecast weather conditions) there is enough fuel to fly to the first point of intended landing and, 

assuming normal cruising speed—

(1) During the day, to fly after that for at least 30 minutes;

Relief request with explanation: 

To allow for replacement of the required 30 minutes of flight time reserves with a reserve of 25% 

battery power remaining. Given the area of operation for the eBee, Tukuh believes that an equivalent 

level of safety is already achieved with the specific procedure preventing the eBee to accept a take-off 

order if the battery level is below a given value. Moreover, the eBee UAS 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. Subpart E §§ 91.405(a) Maintenance required, 91.407(a)(1) Operation after maintenance, 

preventive maintenance, rebuilding, or alteration, 91.409(a)(1) and (2) Inspections, and 91.417(a) and 

(b) Maintenance records

14 C.F.R Subpart E in totality prescribes that the operator is primarily responsible for maintaining the 

aircraft in an airworthy condition, including compliance with Parts 39 and 43. 

Specifically § 91.405(a) requires that aircraft discrepancies are repaired between required inspections, 

§§ 91.407 and 91.409 requires the aircraft to be approved for return to service by a person authorized 

under § 43.7 after maintenance and inspection, § 91.409 requires an annual inspection for the issuance 

of an airworthiness certificate, and §91.417 requires the owner or operator to keep records showing 

certain maintenance work that has been accomplished by certificated mechanics, under Part 43, or 

licensed pilots and records of approval of the aircraft for return to service.

Relief request with explanation: 

To allow for all inspections, maintenance and approvals for return to service by the PIC or owner. 

SenseFly proposes that the maintenance of the eBee will be accomplished by the owner or the operator 

according to the Maintenance Procedures Document1(SenseFly eBee), and the User Manual1(SenseFly 

eBee). An equivalent level of safety will be achieved because the eBee is small in size, it is not a complex 

mechanical device and does carry any external payload. 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 
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Appendix A

ensure an equivalent level of safety. Finally, before every flight, the eBee automatically runs a sequence 

of pre-flight tests to make sure that every sensor and every critical part is operating properly. If a 

problem is detected, the eBee will not be able to be switched-on and a message error is displayed on 

the main screen of eMotion. The owner or the operator can then refer to the eBee user manual to 

troubleshoot this issue. Several parts of the eBee are easily interchangeable (propellers, wings), which 

allows the operator to make sure the wings and propulsion system are always airworthy when a mission 

is initiated.