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November 17, 2015 

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE 

Washington, DC 20590 

Bluegrass Materials Company. ·-••.;C .!T l'ir200 W. Forsyth Street S~i.t¢)2Q(),:, :-..:..:·.1-_-; .• • 

Jacksonville, FL 32202 ,· .·. ~ >.-.'....:,'·-;:· · ,.~· .. -· -. . . (904)70 1-6500 - - -~· _:.' " - - .• • ... 

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Re: Exemption Request Under Section 333 ofthe FAA Reform Act and Part 11 ofthe Federal 

Aviation Regulations 

Dear Sir or Madam, 

Pursuant to Section 333 ofthe FAA Modernization and Reform·Act of2012 (the "Reform Act") 

and 14 C.F.R. Part 11, Bluegrass Materials Company, an operator ofthe eBee Unmanned 

Aircraft System ("eBee") seeks an exemption from the Federal Aviation Regulations ("F ARs") 

listed below: 

• 14 C.F.R. 21 

• 14 C.F.R. 45.23 

• 14 C.F.R 45.29 

• 14 C.F.R. 61.133(a) 

• 14 C.F.R. 91.7(b) 

• 14 C.F.R. 91.9(b)(2) 

• 14 C.F.R. 91.109(a) 

• 14 C. F. R. 91. 119 

• 14 C.F.R. 91.151(a) 

• 14 C.F.R. 91.203(a) & (b) 

• 14 CFR Subpart E (91.401- 91.417) 

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

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

in the eBee user manual (Bluegrass Materials Company requests the FAA treat the eBee training 

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

public docket) and conditions defined by the Safety Code ofthe Academy of Model Aeronautics 

(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 fulfill the following requirements: 

• Has successfully passed a manufacturer's training program for the eBee; Bluegrass 

Materials Company requests the FAA treat the eBee training program as proprietary 

under 14 C.F.R. 11.35(b) and does not include this document in the public docket. 
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 pre-programmed 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 30, and then monitor it in realtime. 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 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. 

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 

The eBee will be used to map for natural resources, endangered species and plant life, 

topography, as-built construction conditions and progress, quarry and mining operations 

(noncongested areas), sales demonstrations and crew training. 
3. APPLICABLE LEGAL STANDARD UNDER SECTION 333 

A. Airworthiness assessment of the eBee 

Bluegrass Materials Company 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/ 1 0208/nmsu-uas-flight -test -center-conducts-ebeeairworthiness-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) 

• Sweden (flight approval for VLOS operations) 

• Denmark (flight approval for VLOS operations) 

B. Operating requirements 

Grant of the exemption to Bluegrass Materials Company 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 & A void 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 of0.5 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 ofthe related company. 

C. Operator Requirements 

The eBee operator will have successfully completed the written test of the Private Pilot license .. 

3. CONCLUSION 

Bluegrass Materials Company is an aggregates and concrete block producer.. The eBee is safer 

than having Bluegrass Materials Company's employees and 3rd party contractors out in the field 

for specific projects and is also very safe for other aircrafts because of the mission specifications 

(below 400ft.) and eBee integrated safety features. We are prepared to modify or amend any part 

of this request to satisfy the need for an equivalent level of safety. We look forward to working 

with your office. Please contact us at any time if you require additional information or 

clarification 

Yours sincerely, 

rt:~ Evan Connor 

Bluegrass Materials Company 
ANNEX A: EXEMPTION REQUEST AND EQUIVALENT LEVEL OF SAFETY 

SHOWINGS UNDER APPLICABLE RULES SUBJECT TO EXEMPTION 

Bluegrass Materials Company 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: Ainvorthiness Certificates 

14 CFR § 91.203(a)(1) 

Section 91.203 requires all civil aircraft to have a certificate of airworthiness. Part 21, Subpart H, 

entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of 

airworthiness certificates as required by FAR§ 91.203(a). Given the size of the eBee, its very 

light weight (the maximum take-off weight is 1.7 pounds) and the limited operating area 

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

process under Part 21 Subpart H in order to achieve or exceed current safety levels. 

Such an exemption meets the requirements of an equivalent level of safety under Part 11 and 

Section 333 of the Reform Act. The Federal Aviation Act and Section 333 of the Reform Act 

both authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, 

upon consideration ofthe 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 proprietary risk assessment for operations with the eBee, which demonstrates that 

assertion, is also being submitted to the FAA as part of this application. Bluegrass Materials 

Company requests the FAA treat the eBee risk assessment as proprietary under 14 C.F.R. 

11.35(b) and not include this document in the public docket. 

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 

"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 of37.8 inches), this requirement is impossible to match. 
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 

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/1 0208/nmsuuas-f1 ight-test -center-conducts-ebee-airworthiness-assessment 

• US ACE 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 

ofUSACE structures & activities 

An equivalent level of safety will be achieved by insuring compliance with the SenseFly 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. Bluegrass Materials Company assumes that the intent of this 

requirement is to ensure that flight manual information is available to the aircrew while operating 

the aircraft. Bluegrass Materials Company requests 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) & 91.319(a)(1): 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 ofthe flight management software eMotion. The equivalent level of safety 

during the training will be achieved by the manufacturer or authorized distributor providing the 

training and through the use of experienced and qualified operators familiar with the eBee. 

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 

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 ofthe eBee and the material with which the eBee is built, the hazard to persons, 

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

in granting the exemption. 

Moreover, the aircraft will not be operated over congested areas nor over any open-air assembly 

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

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

14 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)(l)(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 ofthe 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 merged with respect to their respective precisions. 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, Bluegrass Materials Company 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, SenseFly has 

integrated "low" and "critical" battery level warnings and implemented a "return to Home" (and 

"Go Land") actions in these situations. 

..... 
~ 

14 C.F.R. § 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. 

The eBee weighs only 1.7 pounds (max take-off weight). As such, there is no ability or place to 

carry certification and registration documents or to display them on the UAS. In addition, there is 

no pilot or passengers on board the aircraft. 

To obtain an equivalent level of safety and meet the intent of91.203, Bluegrass Materials 

Company propose that documents deemed appropriate for this aircraft by the FAA will be colocated with the operator at the ground control station in the eBee box and available for 

inspection upon request 

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 

servtce. 

Bluegrass Materials Company proposes that the maintenance of the eBee will be accomplished 

by the owner/operator according to the maintenance manual, provided by SenseFly. Bluegrass 

Materials Company requests the FAA treat the eBee training program as proprietary under 14 

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

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 the flight management software. 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. 
. ' . 

ANNEX B: ACADEMY OF MODEL AERONAUTICS SAFETY REQUIREMENTS 

http://www.modelaircraft.org/filesll 05.pdf 

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

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