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May 21, 2015

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

Re: Request for Exemption under Section 333 of the FAA Modernization and Reform Act of 

2012 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, Landpoint, LLC. (“Landpoint”), an operator of the SenseFly-eBee RTK 

Unmanned Aircraft System (“eBee”), seeks an exemption from the following Federal Aviation 

Regulations:

- 14 C.F.R. 21 (H)

- 14 C.F.R. 45.23

- 14 C.F.R. 45.29

- 14 C.F.R. 61.3

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

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

- 14 C.F.R. 91.7 (a)

- 14 C.F.R. 91.9 (b)(2)

- 14 C.F.R. 91.109

- 14 C.F.R. 91.119

- 14 C.F.R. 91.121

- 14 C.F.R. 91.151

- 14 C.F.R. 91.203 

- 14 C.F.R. Subpart E (91.401 – 91.417)

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

and aerial surveying applications. These operations will be subject to strict operating 

requirements and conditions defined by the Safety Code of the Academy of Model Aeronautics 
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(see Annex B), in order to ensure at least an equivalent level of safety to currently authorized 

operations using manned aircrafts. 

The eBee will be operated by an individual who fulfills the following requirements:

- Has successfully passed a manufacturer’s training program for the eBee;

- Has a current Academy of Model Aeronautics (AMA) membership;

- Has a Private Pilot certificate with an Instrument Rating. 

1. CHARACTERISTICS OF THE AIRCRAFT 

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

pounds) platform made of flexible foam that performs precision aerial mapping missions thanks 

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. Thanks 

to the embedded camera, protected by a foam envelope, the eBee takes a collection of highdefinition still images that are used later to generate maps and contour lines of the surveyed area. 

The four main characteristics of the eBee are:

a. Very light weight

The eBee is so light that the operator can launch it by hand and let it land on almost any surface 

without requiring a parachute or landing net (belly land). Its low impact energy (38 J in case of a 

controlled emergency landing) also significantly reduces the risk of hazardous situations. 

Finally, the wings of the eBee are detachable and made of flexible foam with no sharp or hard 

edges and almost no internal strengthening structure. 

b. Electric-powered

The eBee is electric powered. A brushless engine technology makes it silent and reliable. The 

propeller is attached with a rubber band to the body of the plane so that it can easily flex away in 

case of contact with any object.

c. Semi-automatic flight

The artificial intelligence incorporated within the eBee autopilot system continuously analyzes 

data from the Inertial Measurement Unit and from the onboard GPS and takes care of all the 

aspects of the flight under the supervision of the operator. 
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d. Option for Manual control

Additionally, the eBee provides an override capability that allows the operator to take manual 

actions during the flight (Go to Home, Go Land, Hold and Resume the mission) and also suspend 

automated operations and take manual control of the aircraft should it become necessary to 

respond emergent circumstances, thanks to the remote controller provided with the system. 

2. APPLICATIONS

Land Surveying and Mapping for:

- Environmental Assessments & Permitting

- Mining

- Utilities

- Oil & Gas Well Sites

- Pipelines

- Landfills

- Construction Sites

- Agriculture

- Topography

3. APPLICABLE LEGAL STANDARD UNDER SECTION 333

a. Airworthiness assessment of the eBee

Landpoint notes that the airworthiness of the eBee has already been demonstrated for different 

projects in the United States, involving state/federal agencies or universities (among others the 

New Mexico State University: https://newscenter.nmsu.edu/Articles/view/10208/nmsu-uasflighttest-center-conducts-ebee-airworthiness-assessment, and the USACE New Orleans, who 

coordinated with the Department of Army and the FAA to obtain all authorizations required in 

order to operate the eBee UAS.

Moreover, SenseFly obtained flight approvals for the eBee (delivered by national civil aviation 

authorities) in many countries, among others:

- Switzerland (flight approval for VLOS operations) 

- Canada (flight approval for VLOS operations) 

- Australia (flight approval for VLOS operations) 

- France (flight approval for Extended-VLOS operations) 

- Germany (flight approval for VLOS operations) 

- United Kingdom (flight approval for VLOS operations) 

- Norway (flight approval for VLOS operations) 
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- Sweden (flight approval for VLOS operations) 

- Denmark (flight approval for VLOS operations)

b. Operating requirements

Grant of the exemption to Landpoint for the eBee will be subject to the following operating 

conditions, based on the operating conditions set forth by the Academy of Model Aeronautics 

(see 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 operations, 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 within 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 initiated after 

 verbal coordination with the airport authority, or air traffic control when a control 

 tower is present at the airport;

- All operations shall comply with required permissions and permits established by 

 territorial, state, county or city jurisdictions; including local law enforcement, fire, or 

 other appropriate governmental agencies.

- The eBee operations will be compliant with existing safety procedures inherent to the 

 activities of the related company.

c. Landpoint Operator Requirements

- Has successfully passed a manufacturer’s training program for the eBee;

- Has a current Academy of Model Aeronautics (AMA) membership;

- Has a Private Pilot certificate. 
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4. CONCLUSION

Landpoint sees the use of the eBee sUAS for the listed applications as beneficial to public 

interest for reasons of occupational safety and environmental responsibility. Safety is of the 

highest importance to all occupations within the energy, utility, agriculture, and construction

industries. Environmental responsibility is equally important in these industries in order to

continuously ensure the safety and well-being of the public and the environment. Landpoint 

seeks exemption from the Federal Regulations put forth herein to conduct commercial operations 

where the eBee can be utilized to promote occupational safety and environmental responsibility 

over currently used technology, methods, and/or practices. It is our goal to not only benefit this

company, but also the industries we serve and ultimately the public as a whole.

Regards,

Chad Souter, Vice President

Landpoint, LLC.

5486 Airline Drive.

Bossier City, LA 71111
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ANNEX A: EXEMPTION REQUEST AND EQUIVALENT LEVEL OF SAFETY 

SHOWINGS UNDER APPLICABLE RULES SUBJECT TO EXEMPTION

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

regulations that may technically apply to the operation of the eBee:

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates

14 CFR § 91.203(a)(1)

Section 91.203(a)(1) 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)(1). Given the size of the 

eBee, its very light weight and the limited (the maximum take-off weight is 1.7 pounds) 

operating area associated with its utilization, it is unnecessary to go through the certificate of 

airworthiness process under Part 21 Subpart H 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 eBee operated without an 

airworthiness certificate, under the conditions proposed in that exemption, will be at least as safe, 

or safer, than a conventional aircraft with an airworthiness certificate. A risk assessment for 

operations with the eBee, which demonstrates that assertion, was submitted as part of this 

application.

The eBee weighs 1.7 pounds maximum at take-off. It is made of flexible foam, does not carry a 

pilot or passengers, does not carry flammable fuel, and will operate exclusively within a predisclosed area and in compliance conditions set forth herein. Operations under this exemption 

will be continuously monitored and controlled by the operator via radio communication link 

between the eBee and its ground control station. Additionally, a geo-fence and flight ceiling will 

be defined for each flight prior to launch to ensure the eBee does not operate beyond its 

designated flight area. 

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 
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"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.

The equivalent level of safety will be achieved by having the upper part of the eBee stick with a 

copy of the AMA membership of the operator in charge. The AMA agrees to provide 2 original 

copies of the AMA license to every eBee operator.

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.

Landpoint proposes the following requirements for its eBee operators:

- Has successfully passed a manufacturer’s training program for the eBee;

- Has a current Academy of Model Aeronautics (AMA) membership;

- Has a Private Pilot certificate. 

An equivalent level of safety will be achieved by having an operator who is adequately trained 

and proficient in the operation of traditional aircraft, model aircraft, and the eBee unmanned 

aircraft. 

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 without 
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an airworthiness certificate, no standard will exist for airworthiness of the eBee. Given the size 

of the aircraft and the previous airworthiness assessments given to the eBee, among others:

- New Mexico State University: https://newscenter.nmsu.edu/Articles/view/10208/nmsuuasflight-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, documentation of construction progress, and extensive oblique 

photography of USACE structures & activities.

An equivalent level of safety will be achieved by insuring compliance with the SenseFly eBee

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. We assume that the intent of this requirement is to ensure that flight 

manual information is available to the aircrew while operating the aircraft. We request 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 hard copy of the flight manual in the 

eBee transportation box.

14 C.F.R. § 91.109(a): 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 

during the in-flight training will be achieved by the manufacturer or affiliate providing the 

training as described in the eBee training program and through the use of experienced and 

qualified instructors familiar with the eBee and also members of the AMA.

14 CFR § 91.119: Minimum Safe Altitudes

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

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

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

The equivalent level of safety will be achieved because the eBee will only fly over private 

property with the permission of the landowner. The operator will define before every flight a 
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working area radius and a flight area ceiling, preventing the eBee to go beyond the flight area. 

The landowner and the persons who may be on the ground in the flight area will be briefed of the 

expected route of flight and the associated risks to persons and property on the ground. Due to 

the small size of the eBee, the material with which the eBee 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. Additionally, 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. 

Moreover, the aircraft will not be operated over congested areas or over any open-air assembly 

of persons.

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 autopilot calculates the reference altitude 

(ground level) with the on-board GPS during the pre-flight tests. The GPS and barometer data 

are then used to calculate the altitude in-flight. 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, Landpoint believes that an equivalent level of safety is 

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

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

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

situations.
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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.

To obtain an equivalent level of safety and meet the intent of 91.203, Landpoint proposes 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 box and available for inspection upon request. In order 

to identify the aircraft, Landpoint proposes that a copy of the AMA membership of the operator 

will be permanently affixed to the eBee on the upper side of the body.

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. 

Landpoint proposes that the maintenance of the eBee will be accomplished by the 

owner/operator according to the maintenance manual, such as Exhibit 3, provided by SenseFly. 

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

complex mechanical device, it will carry no external payload, and it will operate only in 

restricted predetermined areas. Moreover, the operator is the person most familiar with the 

aircraft and is best suited to maintain the aircraft in an airworthy condition and to ensure an 

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

pre-flight tests to make sure that every sensor and every critical part is running 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 operator can then refer to the maintenance 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.
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ANNEX B: ACADEMY OF MODEL AERONAUTICS SAFETY REQUIREMENTS

http://www.modelaircraft.org/files/105.pdf

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

http://www.modelaircraft.org/files/560.pdf