Origin Forensics LLC

23403 E Mission Ave, #223

Liberty Lake, WA 99019

February 10, 2016

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 Madam, Sir,

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

and 14 C.F.R. Part 11, ORIGIN FORENSICS LLC (hereafter ORIGIN) an operator of the eXom

Unmanned Aircraft System (“eXom”) seeks an exemption from the Federal Aviation Regulations

(“FARs”) listed below:

 14 C.F.R. 21

 14 C.F.R. 61.133(a) (b)

 14 C.F.R. 91.7(b)

 14 C.F.R. 91.119

 14 C.F.R. 91.151(a)

 14 CFR Subpart E (91.401 - 91.417)

The requested exemption would authorize commercial operations using the eXom for mapping

and inspection applications. These operations will be subject to strict operating requirements

defined in the eXom user manual (ORIGIN requests the FAA treat the eXom user program as

proprietary under 14 C.F.R. 11.35(b) and does not include this document in the public docket) and

conditions defined in the paragraph 3.

ORIGIN (formerly Origin Engineering LLC) was founded on July 1, 2003. The company is a

professional services company specializing in the reconstruction of automotive collisions. We

conduct business across the United States from as far north and west as the Alaskan interior to as

far south and east as the southern tip of Florida. In order to provide cutting edge services to our

clients we are constantly evaluating new technologies that we can use to collect and preserve

forensic data from damaged vehicles and crash sites. We seek to use the eXom to map crash

sites both on and off-road. The eXom will allow us to document crash sites early and rapidly to

preserve the perishable residual evidence from a collision.
1. CHARACTERISTICS OF THE AIRCRAFT

The eXom is a small and light quadrotor (maximum take-off weight of 3.7 pounds) that offers

different flight modes to suit every project: semi-automatic mode (waypoint navigation) or

interactive ScreenFly mode (using the supplied joypad to navigate and orientate the drone via

computer screen). The ScreenFly mode includes flight assistance features such as cruise control

and distance lock. In any situation, RC-based manual control always remains available as a

backup function.

The eXom, contains a rich array of advanced integrated sensors. These sensors work together to

provide the user with full situational awareness and support obstacle avoidance:

 Five ‘Navcam’ vision sensors allow the operator to see in the direction the drone is

moving via its flight control software, without needing to turn the system’s TripleView

camera head. This technology is unique in such a lightweight UAS, similar to the visual

parking sensors in modern cars, but brought into a 3D flight environment.

 Five ultrasonic proximity sensors work in harmony with eXom’s Navcams to ensure the

operator always knows the drone’s distance from nearby objects. (The drone’s shockabsorbent carbon fiber shrouding is also always on hand to protect its rotors in case of

surface contact.)

 Numerous other sensors, including inertial measurement units, barometers,

magnetometers, GPS and magnetic encoders, maximize the drone’s stability and safety.

The eXom is particularly safe. It was developed with flexible material for absorbing potential

shocks, and the SenseFly R&D team has developed a unique carbon-fiber shrouding protecting

the propellers. We have also added redundancy in our command and control system. In case

something happens to the primary autopilot, the eXom will switch automatically to the secondary

autopilot.

2. APPLICATIONS

Over its more than a decade of existence, ORIGIN has constantly sought out new technologies to

preserve evidence relative to automotive collisions. Examples of our use of technology include:

digital photogrammetry software (Photomodeler by EOS Systems, Vancourver, BC, Canada),

laser total station survey instruments (Nikon NPL-322+, Nikon-Trimble, USA), 3D laser scanner

(Faro Focus X330, FARO, Lake Mary, Florida, USA), Bosch Crash Data Retrieval toolkit (Crash

Data Group, Temecula, CA, USA). All of these technologies have enhanced our ability to

collect and preserve critical forensic data from vehicles and crash site. Collection and

preservation is particularly important when it comes to residual evidence at a crash site (e.g. skid

marks, fluid stains, debris patterns, pavement scrapes and gouges) because such evidence is

perishable, and is often eradicated within weeks, days, or even hours.

As a company we are always looking for ways to quickly and efficiently collect and preserve

evidence from a collision. The eXom provides us with a unique opportunity to collect residual

evidence at a crash site rapidly and with high fidelity. Using the flight planning software

(eMotion) we can establish flight plans in the office before going to the site. By pre-planning in

this manner we minimize the amount of actual prep time on-site before the actual flight. Once

on site, we can rapidly deploy the eXom and collect high quality aerial imagery that can be
reliably processed once back at the office. After returning the office the Pix4DMapper software

will allow us to turn 2-Dimensional aerial photos of a crash site into 2-Dimensional orthomosaics

and 3-Dimensional point cloud data representing the topography of the area that was overflown. 

The orthomosaics can be used in place of low-fidelity hand-drawn diagrams generated by law

enforcement or other investigators. The 3-Dimensional point cloud data can be used to develop

complete analyses of collisions, particularly in circumstances where the terrain is highly variable

in the vertical dimension.

The combination of aerial imagery and 3-Dimensional point cloud data provided by the eXom

and its attendant software, will significantly reduce the amount of time and increase the safety

for our engineers in the field. Presently, the type of crash site data collected by the eXom is

collected using a combination of the Nikon NPL-322+ laser-based total station survey instrument

and the FARO Focus X330 terrestrial laser scanner. To collect the data, particularly on, or near,

busy roadways, requires our engineers to get close to and often times out in the roadway. Even

with traffic controls in place, the safety hazard presented by encroaching on the travel lanes of a

roadway is still present, not only for the engineers, but also for the passing motorists. Using the

eXom, we will be able to collect the data rapidly without encroaching on the motorway. If it is

necessary to redirect traffic in order to provide a clear aerial view of evidence in the travel lanes,

the time required will be significantly minimized relative to what would be required using the

total station or laser scanner. Further, the engineers operating the eXom will not need to

encroach on the roadway, which substantially reduces, if not eliminates, the hazard to them, as

well as, passing motorists.

We intend to use the eXom to provide rapid response services to law enforcement, insurance

companies, and attorneys who want to preserve the perishable evidence at a crash site quickly and

with high-fideltiy. Using the eXom we envision being able provide our clients with high-fidelity

low-cost recordings of residual evidence that they can immediately use for further analysis and

decision-making. We believe that rapid response, efficient collection, and high-fidelity will

generate a significant amount of interest in the service, particularly when the alternative is a highcost reconstruction of the evidence from photographs at a later date when the residual evidence

may be significantly degraded or completely eradicated, which assumes that adequate photographs

were taken at the scene and that the scene remains unchanged.

3. APPLICABLE LEGAL STANDARD UNDER SECTION 333

a. Airworthiness assessment of the eXom

On 7/23/2015 SenseFly Ltd received an amended exemption 11263A for the eXom. That

awarded amendment includes the following concerning airworthiness:

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 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.
b. Operating requirements for the eXom

Grant of the exemption to ORIGIN for the eXom will be subject to the following operating

conditions:

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

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. 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

Colombia, Puerto Rico, a territory, a possession, or the Federal government. The PIC must

also meet the flight review requirements specified in 14 CFR § 61.56 in an aircraft in

which the PIC is rated on his or her pilot certificate.

 14. The operator may not permit any PIC to operate unless the PIC demonstrates the

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

operated under this exemption, including evasive and emergency maneuvers and

maintaining appropriate distances from persons, vessels, vehicles and 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 predetermined 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 (NNumber) 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.

3. CONCLUSION

ORIGIN is seeking this exemption so that we can use the SenseFly eXom UAS for commercial

operations. The eXom will allow our firm to provide rapid-response low-cost high-fidelity crash

site residual evidence preservation services to clients locally and nationally. The ability to

preserve this evidence using aerial photography will provide our clients with reliable data for

analysis and decision-making early and mitigate the high-costs associated with trying to

reconstruct the evidence from on-scene law enforcement photos, assuming they exist.

Approving this exemption will provide ORIGIN with a unique opportunity to collect perishable

crash site evidence quickly, efficiently, and safely using the eXom UAS. Furthermore, ORIGIN

will be in a unique position to demonstrate the feasibility of using UASs to safely and efficiently

collect crash site data, which can be disseminated to the wider community, particularly those in

law enforcement.

Yours sincerely,

Jarrod W. Carter, Ph.D.

Principal Consultant
ANNEX A: EXEMPTION REQUEST AND EQUIVALENT LEVEL OF SAFETY

SHOWINGS UNDER APPLICABLE RULES SUBJECT TO EXEMPTION

ORIGIN requests an exemption from the following regulations as well as any additional

regulations that may technically apply to the operation of the 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 eXom, its very

light weight (the maximum take-off weight is 3.5 pounds) 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 involved. An analysis of these different criteria demonstrates that the

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 airworthiness

certificate. A proprietary risk assessment for operations with the eXom, which demonstrates that

assertion, is also being submitted to the FAA as part of this application. ORIGIN requests the

FAA treat the eXom airworthiness justification as proprietary under 14 C.F.R. 11.35(b) and not

include this document in the public docket.

14 C.F.R. § 61.3: Requirements for certificates, ratings and authorizations

14 C.F.R. § 61.113(a) & (b); 61.133(a): 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 in

command of an aircraft for compensation or hire. Subparagraph (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 for compensation or hire.

Given the safety features of the eXom and the fact that the missions are pre-programmed and

monitored in real-time with a specific flight management software (eMotion X), SenseFly

proposes that operators of the eXom should not be required to hold a commercial pilot
certification. Instead, operators should be required to:

Have a sport or recreational pilot license (at least) and have successfully passed a manufacturer’s

training program for the eXom.

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 eXom without

an airworthiness certificate, no standard will exist for airworthiness of the eXom. Given the size

of the aircraft an equivalent level of safety will be achieved by insuring compliance with the

SenseFly manuals prior to each flight. 

14 CFR § 91.119: Minimum Safe Altitudes

The regulation provides that over sparsely populated areas the aircraft cannot be operated closer

than 500 feet to any person, vessel, vehicle, or structure. Since the aircraft will be operating at a

maximum of 400 feet AGL, the eXom cannot comply with this requirement.

The equivalent level of safety will be achieved because the 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 ceiling, preventing the eXom from flying 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 eXom and the material with which the 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 aircraft will not be operated over congested areas nor over any open-air assembly

of persons. The aircraft will be operated at an altitude allowing, if a power unit fails, an

emergency landing without undue hazard to persons or property on the surface.

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

The regulation provides that no person may begin a flight in an airplane under day-VFR

conditions unless there is enough fuel to fly to the first point of intended landing and to fly after

that for at least 30 minutes.

Given the area of operation for the eXom, ORIGIN believes that an equivalent level of safety is

already achieved with the specific procedure preventing the eXom to accept a take-off order is the

battery level is below a given value. Moreover, SenseFly has integrated “low” and “critical”

battery level warnings and implemented a “return to Home” (and “Go Land”) actions in these

situations.

14 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 accomplished by certificated mechanics, under

Part 43, or licensed pilots and records of approval of the aircraft for return to service.

ORIGIN proposes that the maintenance of the eXom will be accomplished by the owner/operator

according to the eXom user manual, provided by SenseFly.

An equivalent level of safety will be achieved because the 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 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 eXom will not be 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 user manual to troubleshoot

this issue. Several parts of the eXom are easily interchangeable (propellers, shroudings), which

allows the operator to make sure the propulsion system and protections are always airworthy

when a mission is initiated.