UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC 

Regulatory Docket No. _______________

IN THE MATTER OF THE PETITION FOR EXEMPTION OF

AERIAL SERVICES, INC.

SEEKING RELIEF FROM THE REQUIREMENTS OF

TITLE 14 OF THE CODE OF FEDERAL REGULATIONS

SECTIONS 61.113(a) & (b), 91.7(a), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 

91.409(a)(1) & (a)(2), AND 91.417(a) & (b) CONCERNING 

COMMERCIAL OPERATION OF THE

SENSEFLY EBEE AND SENSEFLY EBEE AG UNMANNED AIRCRAFT SYSTEMS

PURSUANT TO SECTION 333 OF

THE FAA MODERNIZATION AND REFORM ACT OF 2012 (PUBLIC LAW 112-95)

Submitted on March 6, 2015

GREGORY S. WINTON, ESQ.

THE AVIATION LAW FIRM

1997 Annapolis Exchange Parkway

Suite 300

Annapolis, Maryland 21401

Tel: (301) 294-8550

Fax: (866) 568-9886

Attorney for Petitioner
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TABLE OF CONTENTS

Page

GLOSSARY OF ABBREVIATIONS .................................................................................3

SUMMARY.........................................................................................................................4

INTRODUCTION AND INTERESTS OF PETITIONER .................................................4

BACKGROUND .................................................................................................................4

BASIS FOR PETITION ......................................................................................................5

NAME AND ADDRESS OF PETITIONER.................................................................8

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH AERIAL SERVICES, 

INC. SEEKS EXEMPTION ..........................................................................................8

THE EXTENT OF RELIEF AERIAL SERVICES, INC. SEEKS AND THE 

REASON AERIAL SERVICES, INC. SEEKS THE RELIEF....................................11

THE REASONS WHY GRANTING AERIAL SERVICES, INC.'S REQUEST 

WOULD BE IN THE PUBLIC INTEREST ...............................................................15

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT 

ADVERSELY AFFECT SAFETY..............................................................................19

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER..........33

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE 

TO SUPPORT AERIAL SERVICES, INC.'S REQUEST ..........................................33

CONCLUSION.................................................................................................................34
3

GLOSSARY OF ABBREVIATIONS

AGL Above Ground Level

AOI Area of Interest

ATC Air Traffic Control

ATO Air Traffic Organization

C.F.R. Code of Federal Regulations

COA Certificate of Authorization

FAA Federal Aviation Administration

FAR Federal Aviation Regulation

FCC Federal Communications Commission

GCS Ground Control Station

GPS Global Positioning System

NAS National Airspace System

NOTAM Notice to Airmen

OEM Original Equipment Manufacturer 

PIC Pilot In Command

RTH Return To Home

Section 333 FAA Modernization and Reform Act of 2012 (FMRA) Section 333

UA Unmanned Aircraft

UAS Unmanned Aircraft System

VFR Visual Flight Rules

VLOS Visual Line of Sight

VMC Visual Meteorological Conditions

VO Visual Observer

VTOL Vertical Takeoff and Landing 
4

SUMMARY

Aerial Services, Inc. seeks exemption from the requirements of 14 C.F.R. §§ 61.113(a) & 

(b), 91.7(a), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) 

& (b), to operate an Unmanned Aircraft System pursuant to Section 333 of the FAA 

Modernization and Reform Act of 2012 (FMRA). This exemption will permit Aerial Services, 

Inc. to commercially operate two (2) Unmanned Aircraft Systems (UASs) for the purpose of 

conducting aerial acquisitions within the National Airspace System (NAS) for compensation or 

hire.

INTRODUCTION AND INTERESTS OF THE PETITIONER

Aerial Services, Inc. (hereinafter referred to as “Aerial Services”) is a veteran owned 

small business with an integrated team of professionals providing premier Aerial Acquisition, 

Digital Ortho, Vector Mapping, Terrain & LiDAR services to government, utilities, engineers, 

and other geospatial clients. Aerial Services’ headquarters is located in Cedar Falls, Iowa.

Aerial Services will use the senseFly eBee UAS and senseFly eBee Ag UAS to 

commercially provide professional geospatial services to clients associated with precision 

agriculture, land use planning, mining, mapping, and forestry to conduct inventories, speciation, 

and other biometric analyses. Use of the senseFly eBee UAS and senseFly eBee Ag UAS will 

provide Aerial Services a safe and efficient platform to perform its business operations.

BACKGROUND

Unmanned Aircraft Systems: senseFly eBee UAS and senseFly eBee Ag UAS

Aerial Services seeks an exemption to operate the senseFly eBee UAS (eBee UAS) and 

the senseFly eBee Ag UAS (eBee Ag UAS) for compensation or hire within the NAS. The eBee

UAS and eBee Ag UAS are each comprised of a fix winged, electrically powered, rear propeller 
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driven Unmanned Aircraft (UA) and a transportable Ground Control Station (GCS). The eBee

UA has a maximum gross weight of approximately 1.52 pounds and the eBee Ag UA has a 

maximum gross weight of approximately 1.56 pounds. The eBee UA and eBee Ag UA have a 

38-inch wingspan and a maximum speed of approximately 49 knots. The eBee UA and eBee Ag 

UA are equipped with one rear-mounted propeller driven by a Lithium Polymer battery powered 

electric motor.

The eBee UA and eBee Ag UA will be registered in accordance with 49 U.S.C. 44103,

Registration of Aircraft, as well as 14 C.F.R. Part 47, Aircraft Registration, and marked in 

accordance with 14 C.F.R. Part 45, Identification and Registration Marking.

BASIS FOR PETITION

Petitioner, Aerial Services, Inc., by and through undersigned counsel, pursuant to the 

provisions of the Federal Aviation Regulations (14 C.F.R. § 11.61) and the FAA Modernization 

and Reform Act of 2012, Section 333, Special Rules for Certain Unmanned Aircraft Systems, 

hereby petitions the Administrator to commercially operate the senseFly eBee UAS and senseFly 

eBee Ag UAS within the National Airspace System (NAS), and for an exemption from the 

requirements of 14 C.F.R. §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(a)(1), 91.405(a), 

91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).

In consideration of the size, weight, speed, and limited operating area associated with the 

unmanned aircraft and their operation, Aerial Services’ operation of the eBee UAS and eBee Ag 

UAS meets the conditions of FMRA Section 333 and therefore, will not require an airworthiness 

certificate in accordance with 14 C.F.R. Part 21, Subpart H. 
6

Accordingly, Aerial Services requests relief from Sections 91.405(a), 91.407(a)(1), 

91.409(a)(1) & (a)(2), and 91.417(a) & (b), as these sections set forth requirements for 

maintenance that only apply to aircraft with an airworthiness certificate. 

Aerial Services submits that the requested relief is proper since an equivalent level of 

safety will be ensured. All maintenance, alterations, or preventive maintenance of the eBee UAS 

and eBee Ag UAS performed by Aerial Services will be in accordance with the methods, 

techniques, and practices prescribed in the operating documents (i.e., the eBee and eBee Ag UAS 

Extended User Manual, Maintenance Procedures, Training Documentation, and Justification of 

Airworthiness and Safety Assessments). Furthermore, only the Original Equipment 

Manufacturer (OEM) or qualified OEM maintainers will perform higher-level inspections and 

maintenance per the operating documents and OEM standards. Aerial Services will document 

and maintain all maintenance records for the eBee UAS and eBee Ag UAS. 

Relief from certain requirements of Section 61.113(a) and (b), entitled Private pilot 

privileges and limitations: Pilot in command, is requested by Aerial Services to the extent 

necessary to allow the proposed UAS flight operations to be conducted by a Pilot in Command 

(PIC) holding a private pilot certificate, as well as an airman medical certificate, and who has

demonstrated, by meeting minimum flight-hour and currency requirements, that the PIC is able 

to safely operate the eBee UAS or eBee Ag UAS in a manner consistent with this exemption, 

including evasive and emergency maneuvers and maintaining appropriate distances from people, 

vessels, vehicles and structures.

Aerial Services seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness,

because the eBee UAS and eBee Ag UAS do not require an airworthiness certificate in 

accordance with 14 C.F.R. Part 21, Subpart H. As such, Aerial Services submits that it will
7

ensure that the eBee UAS and eBee Ag UAS are in an airworthy condition, prior to every flight,

by determining that the UAS being used is in compliance with the operating documents (i.e., the 

eBee and eBee Ag UAS Extended User Manual, Maintenance Procedures, Training 

Documentation, and Justification of Airworthiness and Safety Assessments), and that the aircraft 

is in a condition for safe flight.

 Aerial Services also seeks an exemption from the requirements of Section 91.121, 

entitled Altimeter Settings, because the altitude reporting equipment of the eBee UAS and eBee 

Ag UAS will be set to zero feet above ground level (AGL), rather than the local barometric 

pressure or field altitude, before each flight. The altitude information of the eBee UA and eBee 

Ag UA is provided to the PIC via a barometric pressure sensor, Global Positioning System 

(GPS) equipment, and a radio communications telemetry data link, which downlinks from the 

UA to the GCS for active monitoring of the flight path. A level of safety equivalent to Section 

91.121 will be ensured as the altitude of the eBee UA and eBee Ag UA will be reported to air 

traffic control (ATC) in feet AGL, and Aerial Services will operate the eBee UA and eBee Ag 

UA within visual line of sight, at or below 500 feet AGL.

Additionally, Aerial Services seeks an exemption from the requirements of Section

91.151(a)(1), entitled Fuel requirements for flight in VFR conditions. Aerial Services submits 

that safety will not be affected by operation of the eBee UA or eBee Ag UA during daylight 

hours in visual meteorological conditions (VMC) under visual flight rules (VFR), with enough 

battery power for the eBee UA to fly for a total duration of 40 minutes to the first point of 

intended landing and, assuming normal cruising speed, to fly after that for at least ten minutes

(i.e., 20 percent battery power remaining), and for the eBee Ag UA to fly for a total duration of 
8

36 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after 

that for at least nine minutes (i.e., 20 percent battery power remaining).

In accordance with 14 C.F.R. § 11.81, Aerial Services provides the following information 

in support of its petition for exemption:

A. Name And Address Of The Petitioner.

The name and address of the Petitioner is:

Aerial Services, Inc.

6315 Chancellor Drive

Cedar Falls, Iowa 50613

The point of contact for this Petition and specific contact information is as follows:

Gregory S. Winton, Esq.

The Aviation Law Firm

1997 Annapolis Exchange Parkway, Suite 300

Annapolis, Maryland 21401

Tel: (301) 294-8550 | Fax: (866) 568-9886

Email: Greg@aviationlawexperts.com

B. The Specific Sections Of 14 C.F.R. From Which Aerial Services Seeks Exemption.

1. Aerial Services Seeks Exemption From The Requirements Of Section 

61.113(a) And (b).

Section 61.113, entitled Private pilot privileges and limitations: Pilot in command, 

subsections (a) and (b) prescribe the following, in relevant part:

(a) No person who holds a private pilot certificate may act as a pilot in command

(PIC) of an aircraft that is carrying passengers or property for compensation or

hire; nor may that person, for compensation or hire, act as PIC of an aircraft.

(b) A private pilot may, for compensation or hire, act as PIC 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.

2. Aerial Services Seeks Exemption From The Requirements Of Section 91.7(a).
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Section 91.7, entitled Civil aircraft airworthiness, subsection (a), states the following:

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

3. Aerial Services Seeks Exemption From The Requirements Of Section 91.121.

Section 91.121, entitled Altimeter settings, subsection (a), states the following, in part:

(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.

4. Aerial Services Seeks Exemption From The Requirements Of Section

91.151(a)(1).

Section 91.151, entitled Fuel requirements for flight in VFR conditions, subsection (a)(1), 

states the following, in relevant part:

(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;

5. Aerial Services Seeks Exemption From The Requirement Of Section 

91.405(a). 

Section 91.405, entitled Maintenance required, subsection (a), states the following:

Each owner or operator of an aircraft—

(a) Shall have that aircraft inspected as prescribed in subpart E of this part and shall 

between required inspections, except as provided in paragraph (c) of this section, have 

discrepancies repaired as prescribed in part 43 of this chapter[.]
10

6. Aerial Services Seeks Exemption From The Requirements Of Section 

91.407(a)(1).

Section 91.407, entitled Operation after maintenance, preventive maintenance, 

rebuilding, or alteration, subsection (a)(1), states the following:

(a) No person may operate any aircraft that has undergone maintenance, preventive 

maintenance, rebuilding, or alteration unless--

(1) It has been approved for return to service by a person authorized under § 43.7 

of this chapter[.]

7. Aerial Services Seeks Exemption From The Requirements Of Sections

91.409(a)(1) And 91.409(a)(2).

Section 91.409, entitled Inspections, subsection (a), states the following:

(a) Except as provided in paragraph (c) of this section, no person may operate an aircraft 

unless, within the preceding 12 calendar months, it has had --

(1) An annual inspection in accordance with part 43 of this chapter and has been 

approved for return to service by a person authorized by § 43.7 of this chapter; or

(2) An inspection for the issuance of an airworthiness certificate in accordance 

with part 21 of this chapter.

8. Aerial Services Seeks Exemption From The Requirements Of Sections

91.417(a) And 91.417(b).

Section 91.417, entitled Maintenance records, subsections (a) and (b), state the 

following:

(a) Except for work performed in accordance with §§ 91.411 and 91.413, each registered 

owner or operator shall keep the following records for the periods specified in paragraph 

(b) of this section:

(1) Records of the maintenance, preventive maintenance, and alteration and 

records of the 100-hour, annual, progressive, and other required or approved inspections, 

as appropriate, for each aircraft (including the airframe) and each engine, propeller, rotor, 

and appliance of an aircraft. The records must include--

(i) A description (or reference to data acceptable to the Administrator) of 

the work performed; and
11

(ii) The date of completion of the work performed; and

(iii) The signature, and certificate number of the person approving the 

aircraft for return to service.

(2) Records containing the following information:

(i) The total time in service of the airframe, each engine, each propeller, 

and each rotor.

(ii) The current status of life-limited parts of each airframe, engine, 

propeller, rotor, and appliance.

(iii) The time since last overhaul of all items installed on the aircraft which 

are required to be overhauled on a specified time basis.

(iv) The current inspection status of the aircraft, including the time since 

the last inspection required by the inspection program under which the aircraft 

and its appliances are maintained.

(v) The current status of applicable airworthiness directives (AD) and 

safety directives including, for each, the method of compliance, the AD or safety 

directive number and revision date. If the AD or safety directive involves 

recurring action, the time and date when the next action is required.

(vi) Copies of the forms prescribed by § 43.9(d) of this chapter for each 

major alteration to the airframe and currently installed engines, rotors, propellers, 

and appliances.

(b) The owner or operator shall retain the following records for the periods prescribed:

(1) The records specified in paragraph (a)(1) of this section shall be retained until 

the work is repeated or superseded by other work or for 1 year after the work is 

performed.

(2) The records specified in paragraph (a)(2) of this section shall be retained and 

transferred with the aircraft at the time the aircraft is sold.

(3) A list of defects furnished to a registered owner or operator under § 43.11 of 

this chapter shall be retained until the defects are repaired and the aircraft is approved for 

return to service.

C. The Extent Of Relief Aerial Services Seeks And The Reason Aerial Services Seeks 

The Relief.
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1. Extent Of Relief Aerial Services Seeks And The Reason Aerial Services Seeks 

Relief From Section 61.113(a) And (b).

Relief from Section 61.113(a) and (b) entitled Private pilot privileges and limitations: 

Pilot in command, is requested to the extent necessary to allow a PIC holding a private pilot 

certificate, as well as an airman medical certificate, and who has met certain flight-hour and 

currency requirements, to conduct the proposed UAS flight operations for compensation or hire.

This relief is requested since the limitations set forth in Section 61.113(a) and (b) state 

that a private pilot may, for compensation or hire, act as PIC 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.

As set forth more fully below, Aerial Services submits that an equivalent level of safety 

will be maintained because no PIC will be allowed to operate the eBee UAS or eBee Ag UAS

unless that PIC has met certain flight-hour and currency requirements, demonstrating that the 

PIC is able to safely operate the eBee UAS or eBee Ag UAS in a manner consistent with the 

operations specifications as set forth herein, including evasive and emergency maneuvers, as 

well as maintaining appropriate distances from people, vessels, vehicles and structures.

Further, Aerial Services submits that all flights of the eBee UAS and eBee Ag UAS, 

conducted by the PIC pursuant to the grant of this Petition: (1) will be incidental to Aerial 

Services’ business; and (2) will not carry passengers or property for compensation or hire.

2. Extent Of Relief Aerial Services Seeks And The Reason Aerial Services Seeks 

Relief From Section 91.7(a).

Relief from Section 91.7(a) entitled Civil aircraft airworthiness, is requested to the extent 

required to allow Aerial Services to determine that the eBee UAS and eBee Ag UAS are in an 

airworthy condition prior to every flight by ensuring that each UAS is in compliance with the 
13

operating documents (i.e., the eBee and eBee Ag UAS Extended User Manual, Maintenance 

Procedures, Training Documentation, and Justification of Airworthiness and Safety 

Assessments), and that the aircraft are in a condition for safe flight.

Aerial Services seeks the requested relief because the eBee UAS and eBee Ag UAS do 

not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. 

Therefore, prior to every flight, Aerial Services will ensure that the eBee UAS and eBee Ag UAS

are in an airworthy condition based upon compliance and conformity with the relevant operating 

documents, and further, by making a determination that the aircraft are in a condition for safe 

flight, as stated in the conditions and limitations below.

3. Extent Of Relief Aerial Services Seeks And The Reason Aerial Services Seeks 

Relief From Section 91.121.

Relief from Section 91.121, entitled Altimeter settings, may be required to allow flight 

operations of the eBee UAS and eBee Ag UAS because before each flight, the altitude reporting 

equipment will be set on the ground to zero feet AGL, rather than the local barometric pressure 

or field altitude. The eBee UAS and eBee Ag UAS utilize a barometric pressure sensor, GPS 

equipment, and a radio communications telemetry data link to downlink altitude information 

from the UA to the PIC at the ground control station (GCS). 

Considering the limited altitude of the proposed operations, relief from 14 C.F.R. § 

91.121 is sought to the extent necessary to comply with the applicable conditions and limitations 

stated below. As more fully set forth herein, a level of safety equivalent to Section 91.121 will 

be ensured as the altitude of the eBee UA and eBee Ag UA will be reported to air traffic control 

(ATC) in feet above ground level (AGL), and Aerial Services will operate the eBee UA and 

eBee Ag UA within visual line of sight (VLOS), at or below 500 feet AGL.
14

4. Extent Of Relief Aerial Services Seeks And The Reason Aerial Services Seeks 

Relief From Section 91.151(a)(1).

Relief from Section 91.151(a)(1) entitled Fuel requirements for flight in VFR conditions, 

is requested to the extent required to allow flights of the battery powered eBee UA during 

daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR) to fly 

for a total duration of 40 minutes to the first point of intended landing and, assuming normal 

cruising speed, to fly after that for at least ten minutes (i.e., 20 percent battery power remaining). 

For the eBee Ag UA, relief from Section 91.151(a)(1) is requested to the extent required to allow 

flights during daylight hours in VMC, under VFR, to fly for a total duration of 36 minutes to the 

first point of intended landing and, assuming normal cruising speed, to fly after that for at least 

nine minutes (i.e., 20 percent battery power remaining). Aerial Services seeks the requested 

relief because without an exemption from Section 91.151(a)(1), the flight time duration of the

battery powered eBee UA and eBee Ag UA will severely constrain the practicality of any aerial 

acquisition and research flight operations that Aerial Services proposes to conduct pursuant to 

this Petition.

As more fully set forth below, the technical specifications of the eBee and eBee Ag UAS, 

as well as Aerial Services’ proposed operating limitations, will ensure safe operation of the

battery powered eBee UA and eBee Ag UA during daylight hours in VMC, under VFR, with 

enough battery power to fly to the first point of intended landing and, assuming normal cruising 

speed, to fly after that for at least ten minutes or nine minutes, respectively (i.e., 20 percent

battery power remaining).

5. Extent Of Relief Aerial Services Seeks And The Reason Aerial Services Seeks 

Relief From Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 

91.417(a) & (b).
15

Since Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) only 

apply to aircraft with an airworthiness certificate, Aerial Services requests relief from these 

Sections because the eBee UAS and eBee Ag UAS do not require an airworthiness certificate. 

As set forth more fully below, the eBee UAS and eBee Ag UAS meet the conditions of Section 

333 of the FMRA for operation without an airworthiness certificate. 

All maintenance, alterations, or preventive maintenance of the eBee UAS and eBee Ag

UAS will be performed by Aerial Services in accordance with the methods, techniques, and 

practices prescribed in the operating documents (i.e., the eBee and eBee Ag UAS Extended User 

Manual, Maintenance Procedures, Training Documentation, and Justification of Airworthiness 

and Safety Assessments). Furthermore, only the Original Equipment Manufacturer (OEM) or 

qualified OEM maintainers will perform higher-level inspections and maintenance per the 

operating documents and OEM standards. Aerial Services will document and maintain all 

maintenance records for the eBee and eBee Ag UAS. 

D. The Reasons Why Granting Aerial Services’ Request Would Be In The Public 

Interest; That Is, How It Would Benefit The Public As A Whole.

Granting the present Petition will further the public interest by allowing Aerial Services

to safely, efficiently, and economically perform aerial acquisitions and research within the NAS, 

commercially, in support of government entities, agriculture, scientific studies, railroad industry, 

oil and gas industries, and forestry. Additionally, use of the eBee and eBee Ag UAS will 

decrease congestion of the NAS, reduce pollution, and provide significant benefits to the 

economy. Notably, the benefits of Aerial Services’ proposed operation of the eBee and eBee Ag

UAS will be realized without implicating any privacy issues. 

1. The Public Will Benefit From The Aerial Acquisition And Research 

Performed.
16

Aerial Services submits this Petition to commercially operate the eBee and eBee Ag UAS 

in order to perform aerial acquisitions within the NAS in support of agriculture, land use 

planning, scientific studies, mining, forestry, and industry (e.g., railroad, gas, and oil industries). 

The eBee and eBee Ag UAS will provide safe, efficient, and economical aerial acquisition and 

research operations to further each of these fields, all of which are critical to the well being of the 

general public.

The specific operations that Aerial Services will perform with the eBee and eBee Ag

UAS demonstrate how the requested exemption will directly benefit the above-referenced 

industries and the public, as a whole. In agriculture, the precision aerial acquisitions performed 

by the UAS will be used to predict and increase crop yields, and to provide research for 

prevention of crop disease. In land use planning and industrial operations, the UAS will be used 

to aid in facility inspections, survey and plan new worksites, conduct volumetric analysis, and 

perform right of way analysis. The UAS may also be used to aid in environmental management 

by mapping deforestation, and surveying point source pollution.

2. The Public Will Benefit From Decreased Congestion Of The NAS.

The eBee and eBee Ag UA are battery powered and serve as a safe, efficient, and 

economical alternative to the manned aircraft traditionally utilized to obtain aerial imagery. By 

reducing the amount of manned aircraft needed to perform aerial acquisitions, an exemption 

allowing the use of UAS would reduce the amount of manned aircraft in the NAS, reduce noise 

and air pollution, and increase the safety of life and property in the air and on the ground. 

Furthermore, by reducing the number of manned aircraft operating in the NAS, 

congestion around airports caused by arriving and departing aircraft will be reduced. The eBee 

and eBee Ag UA do not require an airport to takeoff or land. Likewise, a reduction of manned 
17

aircraft conducting aerial survey missions would result in fewer aircraft that must be handled by 

air traffic control during the ground, takeoff, departure, arrival, and landing phases of flight 

operations. 

3. The Public Will Benefit From The Safety And Efficiency Of The eBee

And eBee Ag UAS.

Conducting aerial acquisitions with the eBee and eBee Ag UAS, instead of manned 

aircraft, will greatly benefit the public by drastically reducing the levels of air and noise pollution 

generated during traditional aerial survey flight operations. By using battery power and an electric 

motor, the UAS produce no air pollution, and are the most viable environmentally conscious 

alternative to the cabin class, six cylinder internal combustion twin engine aircraft that are 

typically utilized for aerial acquisitions, which burn approximately 30-40 gallons per hour of 

leaded aviation fuel. The eBee and eBee Ag UA, while reducing the carbon footprint of aerial 

acquisitions, also reduce noise pollution as the UAs are propelled by battery powered electric 

motors, rather than internal combustion engines.

By using the UAS to perform aerial acquisitions, the substantial risk to life and property 

in the air and on the ground, which is usually associated with traditional manned aircraft flight 

operations, will be substantially reduced or completely eliminated. Aside from the lack of 

flightcrew members located onboard the aircraft, the eBee and eBee Ag UA (weighing 

approximately 1.52 pounds and 1.56 pounds, respectively, at maximum gross weight; each with a 

wingspan measuring approximately 38 inches; and neither carrying any fuel on board), have less 

physical potential for collateral damage to life and property on the ground, and in the air, 

compared to the manned aircraft that typically conduct aerial acquisitions (weighing approximately 

6,500 pounds with a wingspan of approximately 40 feet, a length of 34 feet, and a fuel capacity of 

180 gallons).
18

4. Performing Aerial Acquisition Operations With The eBee And eBee Ag 

UAS Will Benefit The Economy. 

In addition to being safe and efficient, the UAS are also an economical alternative to 

using manned aircraft to conduct aerial acquisitions. As such, operation of the UAS will allow 

United States based companies, like Aerial Services, to remain competitive and contribute to 

growth of the U.S. economy. Specifically, with the rising cost of aviation fuel and the 

Environmental Protection Agency (“EPA”) regulatory actions phasing out leaded aviation fuels, 

U.S. owned and operated companies must adopt new and alternative technology in order to 

remain competitive. Operation of a UAS such as the battery powered eBee and eBee Ag is one 

such technology that not only allows companies greater operational flexibility compared to 

manned aircraft, but provides such flexibility without the high operational cost of a traditional 

manned aircraft. 

By operating the UAS, companies such as Aerial Services, can remain competitive and 

profitable, and therefore, provide greater job stability to employees and contractors, which will 

ultimately contribute to growth of the U.S. economy. Improved financial performance of U.S. 

companies, through commercial use of UAS, provides a stable workforce that increases 

consumer spending; improves local, state, and federal tax revenues; and allows companies to 

invest in research and development in order to remain competitive both in the United States and 

abroad. 

5. There Are No Privacy Issues.

Similar to the manned aerial acquisition flight operations that have been conducted for 

decades, Aerial Services’ proposed operation of the UAS will not implicate any privacy issues. 

Specifically, the UAS will only be operated pursuant to the specific conditions and limitations 

set forth herein, and in accordance with the Federal Aviation Regulations, including the 
19

minimum altitude requirements of 14 C.F.R. § 91.119. Most significantly, the UA will not be 

operated closer than 500 feet to any person, vessel, vehicle, or structure, which is not directly 

involved in the operation.

E. The Reasons Why Granting The Exemption Would Not Adversely Affect Safety, Or 

How The Exemption Would Provide A Level Of Safety At Least Equal To That 

Provided By The Rule From Which Aerial Services Seeks Exemption.

1. Reasons Why The eBee And eBee Ag UAS Meet The Conditions Of The 

FAA Modernization and Reform Act of 2012 (FMRA) Section 333.

In consideration of the size, weight, speed, and limited operating area associated with the 

unmanned aircraft and its operation, Aerial Services’ operation of the eBee and eBee Ag UAS 

meets the conditions of FMRA Section 333, and will not require an airworthiness certificate in 

accordance with 14 C.F.R. Part 21, Subpart H. 

Section 333 provides authority for a UAS to operate without airworthiness certification

and sets forth requirements for considering whether a UAS will create a hazard to users of the 

NAS or the public, or otherwise pose a threat to national security. Specifically, FMRA Section 

333 states the following, in part:

(a) In General.--Notwithstanding any other requirement of this subtitle, and not later 

than 180 days after the date of enactment of this Act, the Secretary of Transportation 

shall determine if certain unmanned aircraft systems may operate safely in the national 

airspace system before completion of the plan and rulemaking required by section 332 of 

this Act or the guidance required by section 334 of this Act.

(b) Assessment of Unmanned Aircraft Systems.--In making the determination under 

subsection (a), the Secretary shall determine, at a minimum--

(1) which types of unmanned aircraft systems, if any, as a result of their size, 

weight, speed, operational capability, proximity to airports and populated areas, 

and operation within visual line of sight do not create a hazard to users of the 

national airspace system or the public or pose a threat to national security; and

(2) whether a certificate of waiver, certificate of authorization, or airworthiness 

certification under section 44704 of title 49, United States Code, is required for 

the operation of unmanned aircraft systems identified under paragraph (1).
20

(c) Requirements for Safe Operation.--If the Secretary determines under this section that 

certain unmanned aircraft systems may operate safely in the national airspace system, 

the Secretary shall establish requirements for the safe operation of such aircraft systems 

in the national airspace system.

In seeking this exemption, Aerial Services submits that the eBee and eBee Ag UAS can 

operate safely in the NAS pursuant to FMRA Section 333, as demonstrated by: (a) the 

characteristics of the eBee and eBee Ag UAS; (b) the pilot certification requirement; and (c) the 

specific operating limitations.

a. The Specifications Of The eBee And eBee Ag UAS Demonstrate 

Their Safe Characteristics. 

The eBee and eBee Ag UAS do not create a hazard to users of the NAS or the public, or 

otherwise pose a threat to national security considering its size, weight, speed, and operational 

capability. 

i. Technical Specifications Of The UAS.

The technical specifications of the eBee and eBee Ag UAS are set forth at page 169 of 

the Extended User Manual, attached hereto as Exhibit A. Exhibit A contains proprietary 

information and is to be held in a separate file pursuant to 14 C.F.R. § 11.35(b)1.

ii. The Autonomous Flight And Navigation Modes Enable The UA

To Remain Within A Defined Operational Area.

The eBee and eBee Ag UAS may be operated in both semi and fully autonomous flight 

modes. The UAS autonomous features include the following: a GPS Position and Altitude Hold

when initiated by the GCS; a Return To Home (RTH) function; and Flight Limits (i.e, pre-set 

limitations that restrict the distance and height of the UAS flight operations). 

 

1 Exhibits to this Petition contain proprietary information, and in accordance with 14 C.F.R. § 

11.35(b), are not to be included in the Federal Docket Management System (FDMS).
21

A complete description of the UAS autonomous flight modes is provided at pages 68

through 88 of the Extended User Manual, attached hereto as Exhibit A. Exhibit A contains 

proprietary information and is to be held in a separate file pursuant to 14 C.F.R. § 11.35(b).

iii. The UAS Are Designed For Automatic Return To Home Point

Or Auto-Land In The Event Of Loss Of The Control Link Or 

Navigation.

A complete description of the UAS Failsafe Functions is set forth at pages 149 through 

163 of the Extended User Manual, attached hereto as Exhibit A. Exhibit A contains proprietary 

information and is to be held in a separate file pursuant to 14 C.F.R. § 11.35(b).

iv. The UAS Ground Control Station (GCS) And Its Operation.

A complete description of the operation and specifications of the GCS and its software is 

provided at pages 68 through 132 of the Extended User Manual. The UAS are compliant with all 

Federal Communications Commission (FCC) requirements, and the radio frequency spectrum 

used for operation and control of the UA is set forth at page 170 of the Extended User Manual. 

A copy of the Extended User Manual, which contains proprietary information, is attached hereto 

as Exhibit A, and is to be held in a separate file pursuant to 14 C.F.R. § 11.35(b).

b. Flight Operations Of The UAS Are Limited To The Line Of Sight Of 

A Certificated Pilot in Command With A Safety Observer.

Aerial Services will only utilize certificated pilots who possess a current and valid FAA 

issued airman medical certificate to act as a pilot in command (PIC) of the UAS. Additionally, a 

safety observer will assist all pilots during flight operations.

c. Flights Of The UAS Will Be Conducted Pursuant To Specific 

Operating Limitations.
22

In seeking this exemption, Aerial Services proposes to commercially operate the UAS for

the special purpose of conducting aerial acquisitions within the NAS, pursuant to the following 

specific operating limitations:

1. Operations authorized by this grant of exemption are limited to the following aircraft 

described in the operating documents, which are fixed wing, rear propeller driven aircraft

with the eBee UAS weighing 1.52 pounds, and the eBee Ag weighing 1.56 pounds, at 

maximum gross weight: eBee and eBee Ag Unmanned Aircraft Systems. Proposed 

operations of any other aircraft will require a new petition or a petition to amend this 

grant. 

2. UAS operations under this exemption will be limited to conducting operations for the 

purpose of aerial acquisitions. 

3. The UA may not be flown at an indicated airspeed exceeding 49 knots. 

4. The UA must be operated at an altitude of no more than 500 feet above ground level 

(AGL), as indicated by the procedures specified in the operating documents. All altitudes 

reported to ATC must be 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. 

6. The use of first person view (FPV) by the PIC or visual observer (VO) is not 

permitted. 

7. All operations must utilize a visual observer (VO). 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 functions prescribed in the operating documents. 

8. The VO must not perform any other duties beyond assisting the PIC with seeing and 

avoiding other air traffic and other ground based obstacles/obstructions and is not 

permitted to operate the camera or other instruments. 

9. The operating documents and the grant of exemption must be accessible during UAS 

operations and made available to the Administrator upon request. If a discrepancy exists 

between the conditions and limitations contained in the grant of exemption and the 

procedures outlined in the operating documents, the conditions and limitations contained 

in the grant of exemption take precedence and must be followed. Otherwise, the operator 

must follow the procedures as outlined in its operating documents. The operator may 
23

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 upon request. 

The operator must also present updated and revised documents if it petitions for 

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

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

then the operator must petition for amendment to the 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. 

10. Prior to each flight the PIC must inspect the UAS to ensure it is in a condition for safe 

flight. 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. The Ground Control Station 

must be included in the preflight inspection. All maintenance and alterations must be 

properly documented in the aircraft records. 

11. 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. The PIC who conducts the functional test flight must 

make an entry in the aircraft records. 

12. The pre-flight inspection must account for all potential discrepancies, e.g. inoperable 

components, items, or equipment, not already covered in the relevant sections of the 

operating documents. 

13. The operator must follow the UAS manufacturer’s aircraft/component, maintenance, 

overhaul, replacement, inspection, and life limit requirements. 

14. The operator must carry out its maintenance, inspections, and record keeping 

requirements, in accordance with the operating documents. Maintenance, inspection, 

alterations, and status of replacement/overhaul component parts must be noted in the 

aircraft records, including total time in service, description of work accomplished, and 

the signature of the authorized person returning the UAS to service.

15. Each UAS operated under this exemption must comply with all manufacturer Safety 

Bulletins. 

16. The authorized person must make an entry in the aircraft record of the corrective 

action taken against discrepancies discovered between inspections.

17. The PIC must possess at least a private pilot certificate and at least a current thirdclass medical certificate. The PIC must also meet the flight review requirements specified 

in 14 C.F.R. § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate. 

18. The operator may not permit any PIC to operate unless the PIC meets the operator’s 

qualification criteria and demonstrates the ability to safely operate the UAS in a manner 
24

consistent with how the UAS will be operated under the exemption, including evasive 

and emergency maneuvers and maintaining appropriate distances from persons, vessels, 

vehicles and structures. PIC qualification flight hours must be logged in a manner 

consistent with 14 C.F.R. § 61.51(b). The VO is also required to complete the operator’s 

training requirements. A record of training must be documented and made available upon 

request by the Administrator. Flights for the purposes of training the operator’s PICs and 

VOs (training, proficiency, and experience-building), are permitted under the terms of the

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 C.F.R. § 91.119. 

19. UAS operations may not be conducted during night, as defined in 14 C.F.R. § 1.1. All 

operations must be conducted under visual meteorological conditions (VMC). Flights 

under special visual flight rules (SVFR) are not authorized. 

20. The UA may not operate within 5 nautical miles of an airport reference point as 

denoted on a current FAA-published aeronautical chart unless a letter of agreement with 

that airport’s management is obtained, and the operation is conducted in accordance with 

a NOTAM as required by the operator’s COA. The letter of agreement with the airport 

management must be made available to the Administrator upon request. 

21. 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. 

22. If the UA loses communications or loses its GPS signal, it must return to a predetermined location within the planned operating area and land or be recovered in 

accordance with the operating documents.

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

accordance with the operating documents. 

24. The PIC is prohibited from beginning a flight unless (considering wind and forecast 

weather conditions) there is enough power to fly at normal cruising speed to the intended 

landing point and land the UA with 20% battery power remaining. 

25. The operator must obtain an Air Traffic Organization (ATO) issued Certificate of 

Waiver or Authorization (COA) prior to conducting any operations under the grant of 

exemption. This COA will also require the operator to request a Notice to Airmen 

(NOTAM) not more than 72 hours in advance, but not less than 48 hours prior to the 

operation. All operations shall be conducted in accordance with airspace requirements in 

the ATO issued COA including class of airspace, altitude level and potential transponder 

requirements.
25

26. All aircraft operated in accordance with the exemption must be identified by serial 

number, registered in accordance with 14 C.F.R. part 47, and have identification (NNumber) markings in accordance with 14 C.F.R. part 45, Subpart C. Markings must be as 

large as practicable. 

27. Before conducting operations, the radio frequency spectrum used for operation and 

control of the UA must comply with the Federal Communications Commission (FCC) or 

other appropriate government oversight agency requirements. 

28. The documents required fewer than 14 C.F.R. 91.9 and 91.203 must be available to 

the PIC at the Ground Control Station of the UAS any time the UAS is operating. These 

documents must be made available to the Administrator or any law enforcement official 

upon request. 

29. The UA must remain clear and yield the right of way to all manned aviation 

operations and activities at all times. 

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

31. The UA may not be operated over congested or densely populated areas. 

32. Flight operations must be conducted at least 500 feet from all nonparticipating 

persons (persons other than the PIC, VO, operator trainees or essential 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 and/or; 

b. The aircraft is operated near vessels, vehicles or structures where the 

owner/controller of such vessels, vehicles or structures has granted permission 

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, and; 

c. Operations nearer to the PIC, VO, operator trainees or essential persons do not 

present an undue hazard to those persons per § 91.119(a). 

33. All operations shall be conducted over private or controlled-access property with 

permission from the land owner/controller or authorized representative. Permission from 

the land owner/controller or authorized representative will be obtained for each flight to 

be conducted. 

34. 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 
26

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. 

2. Reasons Why An Exemption From The Requirements Of Section 61.113(a) 

And (b) Would Not Adversely Affect Safety.

Aerial Services submits that the equivalent level of safety established by Section 

61.113(a) and (b) will be maintained because no PIC will be allowed to operate the UAS unless 

that PIC has demonstrated, by meeting minimum flight-hour and currency requirements, that the 

PIC is able to safely operate the UAS in a manner consistent with the exemption, including 

evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, 

vehicles and structures.

Considering Aerial Services’ proposed area of operations, and the operating limitations 

set forth-above; the parallel nature of private pilot aeronautical knowledge requirements to those 

of commercial pilot requirements (See Exemption No. 11062); and the airmanship skills 

necessary to safely operate the UAS, Aerial Services submits that the additional manned 

airmanship experience of a commercially certificated pilot would not correlate to the airmanship 

skills necessary for Aerial Services’ specific proposed flight operations.

The eBee UAS has been the subject of a Grant of Exemption from Section 61.113(a) and 

(b) (Exemption No. 11170). The eBee Ag UAS has also been the subject of a Grant of 

Exemption from Section 61.113(a) and (b) (Exemption No. 11136). Additionally, the FAA has 

previously granted relief from Section 61.113(a) and (b) specific to UAS, in circumstances 

similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063,

11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 

11158, 11159, 11160, 11161, 11170, 11171, 11172, 11174, 11176, 11177, 11178, 11185, 

11188).
27

Aerial Services will not allow any PIC to operate the UAS unless that PIC has 

demonstrated, by meeting minimum flight-hour requirements or the eBee UAS or eBee Ag UAS 

training and currency requirements, that the PIC is able to safely operate the UAS in a manner

consistent with this exemption, including evasive and emergency maneuvers and maintaining 

appropriate distances from people, vessels, vehicles and structures.

Specifically, the PIC must have accumulated and logged, in a manner consistent with 14 

C.F.R. § 61.51(b), 25 hours of total time as a UAS pilot (with a minimum of 5 hours of those

hours as a UAS pilot operating the same make and model of UAS to be used for operations under 

the exemption). In addition to the hour requirements, the PIC must accomplish 3 takeoffs and 

landings in the preceding 90 days (for currency purposes).

As in Exemption Nos. 11062, 11138, and 11153, prior documented flight experience that 

was obtained in compliance with applicable regulations will ensure an equivalent level of safety 

during Aerial Services’ proposed operations. The Administrator has held that prior documented 

flight experience obtained in compliance with applicable regulations would ensure safe

operations, as follows:

In Exemption No. 11062, the FAA required that prior to conducting operations for the 

purpose of motion picture filming (or similar operations), the PIC must have accumulated 

and logged, in a manner consistent with 14 CFR 61.51(b), 25 hours of total time as a 

UAS rotorcraft pilot including at least 10 hours logged as a UAS pilot with a multi-rotor 

UAS. Prior to operations under Exemption No. 11062, the PIC must also have 

accumulated and logged a minimum of 5 hours as a UAS pilot operating the same make 

and model of UAS to be used for operations under the exemption. For clarification, the 

FAA considers these minimum hour requirements to be inclusive rather than additive; i.e. 

5 hours make and model time may be included in the 10 hours of multi-rotor time and the 

10 hours may be included in the total 25 hours of UAS rotorcraft time. In addition to the 

hour requirements, the PIC must accomplish 3 take-off and landings in the preceding 90 

days (for currency purposes). The FAA finds that at a minimum, the flight-hour 

requirements in Exemption No. 11062 are appropriate to practice and build proficiency in 

the skills necessary to safely conduct the petitioner’s proposed operations. The FAA also 

finds that prior documented flight experience that was obtained in compliance with 

applicable regulations would satisfy this requirement. Training, proficiency, and 
28

experience-building flights can also be conducted under the grant of exemption to 

accomplish the required flight time. During training, proficiency, and experience-building 

flights the PIC is required to operate the UA with appropriate distances in accordance 

with 14 C.F.R 91.119.

See Exemption No. 11138 at page 15.

Accordingly, Aerial Services will ensure safe operations by not allowing any PIC to 

operate the UAS unless that PIC has demonstrated, by meeting minimum flight-hour and 

currency requirements, that the PIC is able to safely operate the UAS in a manner consistent with 

the exemption, including evasive and emergency maneuvers and maintaining appropriate 

distances from people, vessels, vehicles and structures. 

3. Reasons Why An Exemption From The Requirements Of Section 91.7(a)

Would Not Adversely Affect Safety.

The equivalent level of safety established by Section 91.7(a) will be maintained because 

prior to every flight, Aerial Services will ensure that the UAS are in an airworthy condition 

based upon the aircraft’s compliance and conformity with relevant operating documents (i.e., the 

Extended User Manual, Maintenance Procedures, Training Documentation, and Justification of 

Airworthiness and Safety Assessments), and as stated in the conditions and limitations herein.

The eBee UAS has been the subject of a Grant of Exemption from Section 91.7(a)

(Exemption No. 11170). The eBee Ag UAS has been the subject of multiple Grants of 

Exemption from Section 91.7(a) (Exemption Nos. 11136, 11167). Additionally, the FAA has 

previously granted relief from Section 91.7(a) specific to UAS, in circumstances similar, in all 

material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 

11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 

11159, 11160, 11161, 11166, 11167, 11170, 11171, 11172, 11174, 11177, 11178, 11185, 

11188).
29

4. Reasons Why An Exemption From The Requirements Of Section 91.121

Would Not Adversely Affect Safety.

The equivalent level of safety established by Section 91.121 will be maintained because 

the altitude of the UA will be reported to air traffic control (ATC) in feet above ground level 

(AGL), and Aerial Services will operate the UA within visual line of sight (VLOS), at or below 

500 feet AGL. Furthermore, altitude information of the UA will be provided to the PIC via a 

barometric pressure sensor, GPS equipment and a radio communications telemetry data link, 

which downlinks from the UA to the GCS for active monitoring of the flight path and altitude. 

Prior to each flight, a zero altitude initiation point will be automatically established by the UAS 

at ground level. 

The eBee UAS was the subject of a Grant of Exemption from Section 91.121 (Exemption 

No. 11170). The eBee Ag UAS was the subject of multiple Grants of Exemption from Section 

91.121 (Exemption Nos. 11136, 11167). The FAA has previously granted relief from Section 

91.121 specific to UAS, in circumstances similar, in all material respects, to those presented 

herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11112,

11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161, 11166, 11167, 11170,

11171, 11174, 11176, 11177, 11178, 11185, 11188).

5. Reasons Why An Exemption From The Requirements Of Section 

91.151(a)(1) Would Not Adversely Affect Safety.

A grant of this exemption would ensure an equivalent level of safety established by 14

C.F.R. Section 91.151(a)(1) as a result of (1) the technical specifications of the UAS; (2) the

limitations on the proposed flight operations; and (3) the location of the proposed flight

operations. Accordingly, Aerial Services will ensure that it will safely operate the battery 

powered UA only during daylight hours in visual metrological conditions (VMC) under visual 
30

flight rules (VFR), with enough battery power for the eBee UA to fly for a total duration of 40 

minutes to the first point of intended landing and, assuming normal cruising speed, to fly after 

that for at least ten minutes (i.e., 20 percent battery power remaining); and for the eBee Ag UA 

to fly for a total duration of 36 minutes to the first point of intended landing and, assuming 

normal cruising speed, to fly after that for at least nine minutes (i.e., 20 percent battery power 

remaining)

As established by previous Grants of Exemption concerning the eBee and eBee Ag UAS, 

the technical specifications of the UAS; the limitations on the proposed flight operations; and the 

location of the proposed operations, will ensure an equivalent level of safety established by 14 

C.F.R. Section 91.151(a)(1). See Exemption No. 11170 (eBee UAS); Exemption Nos. 11136, 

11167 (eBee Ag UAS). Furthermore, safety will be ensured as the UAS provide audible and 

visual warnings to the PIC at the GCS when the UA has low battery power remaining.

Significantly, the eBee UAS has been the subject of a Grant of Exemption from Section 

91.151 (Exemption No. 11170), and the eBee Ag UAS has been the subject of multiple Grants of 

Exemption from Section 91.151 (Exemption Nos. 11136, 11167). These previous Grants of 

Exemption, as well as other previous exemptions granted by the FAA concerning Section 

91.151, establish that safety is not adversely affected when the technical characteristics and 

operating limitations of the UAS are considered. Relief has been granted for manned aircraft to 

operate at less than the minimums prescribed in Section 91.151, including Exemption Nos. 2689, 

5745, and 10650. 

Likewise, the FAA has previously granted relief from Section 91.151 specific to UAS, in 

circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 

8811, 10808, 10673, 11042, 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110,
31

11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161, 11166, 11167, 11170, 

11171, 11172, 11174, 11176, 11177, 11178, 11185, 11188).

6. Reasons Why An Exemption From The Requirements Of Sections 

91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b) Would Not 

Adversely Affect Safety.

In seeking this exemption, Aerial Services submits that the equivalent level of safety with 

regard to the regulatory maintenance and alteration requirements established by Sections 

91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) will be met because all 

maintenance, alterations, or preventive maintenance of the UAS performed by Aerial Services

will be in accordance with the methods, techniques, and practices prescribed in the operating 

documents (i.e., the Extended User Manual, Maintenance Procedures, Training Documentation,

and Justification of Airworthiness and Safety Assessments). Furthermore, only the Original 

Equipment Manufacturer (OEM) or qualified OEM maintainers will perform higher-level 

inspections and maintenance per the operating documents and OEM standards. Aerial Services

will document and maintain all maintenance records for the UAS. 

Since the UAS will be inspected as prescribed by the operating documents, Aerial 

Services will maintain the equivalent level of safety established by Sections 91.405(a),

91.409(a)(1), and 91.409(a)(2). The following operating documents are attached hereto, 

identified as the following Exhibits: (A) The eBee and eBee Ag Extended User Manual, (B) The 

eBee Maintenance Procedures, (C) The eBee Training Documentation, (D) The eBee 

Justification of Airworthiness and Safety Assessment, (E) The eBee Ag Maintenance 

Procedures, (F) The eBee Ag Training Documentation, and (G) The eBee Ag Justification of 

Airworthiness and Safety Assessment). The foregoing exhibits contain proprietary information

and are to be held in a separate file pursuant to 14 C.F.R. § 11.35(b).
32

The eBee UAS has been the subject of a Grant of Exemption from Sections 91.405(a), 

91.407(a)(1) and (a)(2), 91.409(a)(2), and 91.417(a) and (b) (Exemption No. 11170). The eBee 

Ag UAS has also been the subject of a Grant of Exemption from Sections 91.405(A), 

91.407(a)(1) and (a)(2), 91.409(a)(2), and 91.417(a) and (b) (Exemption No. 11167), and other 

previous exemptions granted by the FAA concerning these Sections establish that safety is not 

adversely affected when the technical characteristics and operating limitations of the UAS are 

considered (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 

11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161, 11166, 

11167, 11170, 11171, 11172, 11174, 11176, 11177, 11178, 11185, 11188).

 7. The FAA May Prescribe Any Other Conditions For Safe Operation.

In accordance with Section 333 of the FAA Modernization and Reform Act of 2012

(FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions, Aerial Services requests that the 

FAA prescribe special conditions for the intended operation of the UAS, which contain such 

safety standards that the Administrator finds necessary to establish a level of safety equivalent to 

that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R. §§ 61.113(a) & (b), 91.7 (a), 

91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). Such 

special conditions will permit safe operation of the UA for the limited purpose of conducting 

aerial acquisitions within the NAS for compensation or hire. FMRA Section 333 sets forth the 

requirements for considering whether a UAS will create a hazard to users of the NAS or the 

public, or otherwise pose a threat to national security; and further, provides the authority for such 

UAS to operate without airworthiness certification in accordance with any requirements that 

must be established for the safe operation of the UAS in the NAS. 

Likewise, the Administrator may prescribe special conditions pursuant to 14 C.F.R. 
33

§ 21.16, for operation of the UAS, since the airworthiness regulations of 14 C.F.R. Part 21 do not 

contain adequate or appropriate safety standards, due to the novel or unusual design features of 

the aircraft. Section 21.16, entitled Special Conditions, states the following:

If the FAA finds that the airworthiness regulations of this subchapter do not contain 

adequate or appropriate safety standards for an aircraft, aircraft engine, or propeller 

because of a novel or unusual design feature of the aircraft, aircraft engine or propeller, 

he prescribes special conditions and amendments thereto for the product. The special 

conditions are issued in accordance with Part 11 of this chapter and contain such safety 

standards for the aircraft, aircraft engine or propeller as the FAA finds necessary to 

establish a level of safety equivalent to that established in the regulations.

See 14 C.F.R. § 21.16.

Therefore, in accordance with FMRA Section 333 and 14 C.F.R. § 21.16, the FAA may

prescribe special conditions for Aerial Services’ intended operation of the UAS, which contain 

such safety standards that the Administrator finds necessary to establish a level of safety 

equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R Sections 61.113(a) 

& (b), 91.7(a), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 

91.417(a) & (b).

F. A Summary That Can Be Published In The Federal Register, stating:

The Rules From Which Aerial Services Seeks Exemption:

Aerial Services, Inc. seeks exemption from the requirements of 14 C.F.R. Sections 

61.113(a)&(b), 91.7(a), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) & 

(a)(2), and 91.417(a) & (b).

A Brief Description Of The Nature Of The Exemption Aerial Services Seeks:

This exemption will permit Aerial Services, Inc. to commercially operate Unmanned 

Aircraft Systems (UAS) for the purpose of conducting aerial acquisitions within the 

National Airspace System (NAS).

G. Any Additional Information, Views, Or Arguments Available To Support Aerial 

Services’ Request.

This Petition is made pursuant to the FAA Modernization and Reform Act of 2012

(FMRA) Section 333, which directs the Secretary of Transportation to determine if certain UAS
34

may operate safely in the NAS. As such, Aerial Services’ request for exemption may be granted 

pursuant to the authority of FMRA Section 333 and 14 C.F.R. Part 11, as set forth above. 

FMRA Section 333 sets forth the requirements for considering whether a UAS will create 

a hazard to users of the NAS or the public, or otherwise pose a threat to national security; and 

further, provides the authority for such UAS to operate without airworthiness certification. 

As discussed in detail above, Aerial Services will operate the eBee and eBee Ag UAS 

safely in the NAS, without creating a hazard to users of the NAS, or the public, or otherwise

pose a threat to national security.

CONCLUSION

As set forth herein, Aerial Services, Inc. seeks an exemption pursuant to 14 C.F.R. § 

11.61 and Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA), which will 

permit safe operation of the senseFly eBee and senseFly eBee Ag UAS commercially, without an 

airworthiness certificate, for the limited purpose of conducting aerial acquisitions within the

National Airspace System (NAS). By granting this Petition, the FAA Administrator will be

fulfilling the Congressional mandate of the FAA Modernization and Reform Act of 2012, while 

also advancing the public interests, by allowing Aerial Services to safely, efficiently, and 

economically operate UAS commercially within the NAS.

WHEREFORE, in accordance with the Federal Aviation Regulations and the FAA 

Modernization and Reform Act of 2012, Section 333, Aerial Services, Inc. respectfully requests

that the Administrator grant this Petition for an exemption from the requirements of 14 C.F.R 

Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) & 

(a)(2), and 91.417(a) & (b), and permit operation of the senseFly eBee and senseFly eBee Ag

UAS commercially for the purpose of conducting aerial acquisitions within the NAS.
35

Dated: March 6, 2015

Respectfully submitted,

The Aviation Law Firm

/s/ Gregory S. Winton

____________________________

Gregory S. Winton, Esq. 

1997 Annapolis Exchange Parkway

Suite 300

Annapolis, Maryland 21401

Tel: (301) 294-8550

Fax: (866) 568-9886

Attorney for Petitioner 

cc: James H. Williams, AFS-80

Robert Pappas

Dean Griffith, Esq.