Page | 1 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 AeronauticsPage | 2 (see Annex B), in order to ensure at least an equivalent le vel 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 a llows 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 high

definition still images that are used later to generate m aps 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 n et (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 a lmost 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 a way 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

asp ects of the flight under the supervision of the operator.Page | 3 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 t o 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

- uas

flighttest

- center

- conducts

- ebee

- airworthiness

- assessment , and the USACE New Orleans, who coordinated with the Department of Army and the FAA to obtain a ll 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 operatio ns)

- Norway (flight approval for VLOS operations)Page | 4 - 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

- acces s, 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 Co nditions (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

- progr amed 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 c ompliant 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) me mbership;

- Has a Private Pilot certificate.Page | 5 4. CONCLUSION

Landpoint sees th e use of the eBee sUAS for the listed applications as beneficial to public
interest for reasons of occupational s afety and environmental r esponsibility. 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 t he safety and well

- being of the public and t he environment. Landpoint seeks exemption from the Federal Regulations put forth herein to conduct commercial operati ons where the eBee can be utilized to promote occupational safety and environmental responsibility

over current ly used techno logy, 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.

R egards

,

Chad Souter, Vice President Landpoint, LLC.
5486 Airline Drive. Bossier City, LA 71111Page | 6 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 ci vil aircraft to have a certifi cate of airworthiness. Part 21,
Sub part H, entitled Airworthiness Certificates, establishes the procedural requirements for the
issuance of airworthiness certificates as required by FAR § 91.2 03(a)(1). Given the size of the

eB ee, its very light weight and the limited (the maximum take

- off weight is 1.7 po unds) operating area associated with its utilization, it is unnecessary to go through the certificate of

a irworthiness 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 oper ated 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 demonstrat es 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 pre

discl osed 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 aircra ft must display "N" and the aircraft's registration
number in letters at least 3 inches high. Additionally, the aircraft must display the wordPage | 7 "EXPERIMENTAL" in letters at least 2 inches high near the ent rance 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 uppe r part of the eBee stick with a copy of the AMA membership of the operator in charge. The A MA 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 pil ot flight crewmember of a civil aircraft of the United States, unless that person:

(1) Has a pilot certificate or special purpose pilot authoriz ation issued under this part in that person's physical possession or readily accessible in the aircraft wh en exercising the privileges of that pilot certificate or authorization. However, when the aircra ft 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) a llows 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 b e 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 withoutPage | 8 an airworthiness certificate, no standard will exist for airworthine ss 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/nmsu

uasflight

- test

- center

- conducts

- ebee

- airworthiness

- assessment

- USACE New Orle ans, 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 pe rson 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

exem ption 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 transp ortation 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

tra ining 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 thi s 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 aPage | 9 working area radius and a flight area ceiling, preventi ng 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 consid ered in granting the

exem ption. 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 a ny 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,
th e 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 d etected through the barometer;

h ence, barometric bias induced by environmental factors is rejected.

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

The regul ation 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, Lan dpoint 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 le vel warnings and implemented a “return to Home” (and “Go Land”) actions in these
situations.Page | 10 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 u nless 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 propose s 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 an d 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 tes ts 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 maintena nce 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.Page | 11 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