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 REGULATION S 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 SYSTEM S PURSUAN T TO SECTION 333 OF THE F AA MODERNIZATION AND REFORM ACT OF 2012 ( PUBLIC LAW 112

- 95)

Submitted on March 6
, 201 5

G REGORY S

. W INTON , E SQ

. T HE A VIATION L AW F IRM 1997 Annapolis Exchange Parkway Suite 300 Annapolis, Maryland 21401 Tel: (301) 294

- 8550 Fax: (866) 568

- 9886 Attorney for Petitioner2 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

................................ .... 1 1

THE REASONS WHY GRANTING AERIAL SERVICES, INC. 'S REQUEST WOULD BE IN THE PUBLIC INTEREST

................................ ............................... 1 5

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT ADVERSELY AFFECT SAFETY

................................ ................................ .............. 1 9

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER

.......... 3 3

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO SUPPORT AERIAL SERVICES, INC. 'S REQUEST

................................ .......... 3 3

CONCLUSION

................................ ................................ ................................ ................. 3 43 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 Regulation s 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 I n 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 Landing4 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 exem ption will permit Aerial Services,

Inc. to commercially operate two (2) Unmanned Aircraft System s (UA S s ) 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 & L i DAR services to government, utilities, engineers,
and other geospatial clients. Aerial Services’ headquarters is located in Cedar Falls, Io wa.

Aerial Services will use the senseF ly eBee UAS and senseF ly 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 w ill
provide Aerial Services a s afe and efficient platform to perform its business oper ations

.
BACKGROUND
Unmanned Aircraft System s : s enseF ly eBee UAS and s enseF ly eBee Ag UAS

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

the s enseFly 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 propeller5

driven U nmanned A ircraft (UA) and a transportable G round C ontrol S tation (GCS) . The eBee

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

maximu m gross weight of approximately 1.56 po unds . T he 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 b attery 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 PETITI ON

Petitioner, Aerial Services, Inc

. , by and through undersigned counsel, pursuant to the
provisions of t he 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 with in the N ational A irspace S ystem (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).

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

unmanned aircraft and their operation, Aerial Services ’ operation of the eB ee 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. P art 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 m aintenance, 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 highe r

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

and maintain all maintenance recor ds for t he 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 fl ight operations to be conducted by a Pilot in Command

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

demonstrated, by meeting m inimum 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 s eeks 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. P art 21, Subpart H. As such, Aerial Services submits that it will7

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 , be cause the altitude reporting equipment of the eBee UAS and eBee
Ag UAS will be set to zer o feet above ground level (AGL), rather than the local barometric
pressure or field altitude, before each flight. The a ltitude 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 equiv alent 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 A GL.
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 4 0 minutes to the first point of
intended landing and, assuming normal cruising spe ed, to fly after that for at least ten minutes

(i.e., 2 0 percent battery power remaining ) , and for the eBee Ag UA to fly for a total duration of8

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 A nd Address Of T he Petitioner.

The name and address of the Petitioner is:

A erial Services, Inc. 6315 Chancellor Drive Cedar Falls, Iowa 50613
The point of contact for this P etition 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 Ema il: 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 th e following, in relevant part:
( a) No person who holds a priv ate 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 Ser vices Seeks Exemption From The Requirements Of Section 91.7(a).9

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 t hat 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 set ting 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
, subse ction ( a ) (1)
,

state s 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 follow ing :
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 F rom The Requirements Of Section 91.407(a)(1)

.
Section 91. 407
, entitled Operation after maintenance, preventive mainte nance,
rebuilding, or alteration , subsection (a)(1)
, state s 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 F rom The Requirements Of Sections 91.409(a)(1) A nd 91.409( a)(2 ).

Section 91.409
, entitled Inspections , subsection (a)
, state s 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 Section s 91.417(a) A nd 91.417 (b)

.
Section 91.417
, entitled Maintenance records , subse ctions (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 applianc e of an aircraft. The records must include

--

(i) A description (or reference to data acceptable to the Administrator) of the work performed; and11 (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 directiv es (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 re tained 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

r eturn to service.

C

. The Extent Of Relief Aerial Services Seeks And The R eason Aerial Services Seeks The Relief

.12

1. Extent O f 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 re quested since the limitations set for th 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 compe nsation 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 re quirements, demonstrat ing 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 distan ces 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 O f Relief Aerial Services Seeks And The Reason Aerial Services Seeks Relief From Section 91. 7(a)

.

R elief from Section 91. 7( a) entitled Civil aircraft airworthiness
, is requeste d 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 the13

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 air worthiness certificate in accordance with 14 C

. F

. R

. P art 21, Subpart H

. Therefore, p r ior to every flight, Aerial Services will ensure that the eBee UAS and eBee Ag UAS

are in an airworthy condition based up on 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 O f 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 barome tric 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 info rmation

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 t o 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 O f Relief Aerial Services Seeks And The Reason Aerial Services Seeks Relief From Section 91.151( a ) (1)

.

R elief 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 )

.

F or the eBee Ag UA
, r elief 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 power ed eBee UA and eBee Ag UA will severely constrain the practicality of any aerial
acquisition and research flight operations that Aerial Services propose s to conduct pursuant to

this Petition.

A s 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 powe r 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 O f Relief Aerial Services Seeks And The Reaso n Aerial Services Seeks Relief From Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), A nd 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 wit h an airworthiness certificate, Aerial Services requests relief from these

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

A s 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 t he method s, 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 Orig inal 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

.
Gr anting the present Petition will further the public interest by allowing Aerial Services

to safely, efficiently, and economically perform aerial acquisition s 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 perfor m aerial acquisition s 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

UA S demonstrate how the requested exemption will directly benefit the above

- refere nced
industries and the public , as a whole

. In agriculture, the precision aerial acquisi tions performed
by the UAS will be used to predict and i ncrease crop yields, and to pro vide research for

p revention of crop disease. In land use planning and indu strial 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 air craft 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 d eparting aircraft will be reduced. The eBee
and eBee Ag UA do not require an airport to takeoff or land. Likewise, a reduction of manned17

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 A nd 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

moto r , 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

- 4 0 gallons per hour of

l eaded aviation fuel. The eBee and eBee Ag UA, while reducing the carbon footprint of aerial
acquisitions , also reduce noise pollution as the UA s are propelled by battery powered electric
motors, rather than internal combustion engine s

. 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 pou nds and 1.56 pounds, respectively
, at maximum gross weight ; each with a
wingspan measuring approximately 38 inches; and neither carrying any fu el on board), ha ve 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 approxim ately 40 feet, a length of 34 feet, and a fuel capacity of
180 gallons).18

4

. Performing Aerial Acquisition Operations With The eBee A nd 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. Spe cifically, 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 competitiv e. Operati on 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 trad itional

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. eco nomy. 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 developmen t 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

d ecades, 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 the19

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 oper ation

.
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 A nd eBee Ag UAS Meet The Conditions Of The FAA Modernizatio n 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 airworthines s certification

and sets for th 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 Genera l.

-- 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 airspac e 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 sh all 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 ai rspace 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 i n the national airspace system, the Secretary shall establish requirements for the safe ope ration of such aircraft systems in the national airspace system.

I n 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 A nd 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 pa ge 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 p ursuant to 14 C.F.R. § 11.35(b) 1

.

ii

. The Autonomous Flight A nd Navigation Modes Enable T h e UA To Remain Within A De fined O perational A rea.

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 Limi ts (i.e, pre

- set
limitations that restrict the distance and height o f the UA S 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 page s 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 D esigned 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 s oftware 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 pr oprietary 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 i n Command With A Safety Observer.

Aerial Services will only utilize certificated p ilot s who possess a current and valid FAA

issued a irman m edical c ertificate to act as a pilot in command (PIC) of the UAS. Additionally, a
safety observer will assist all pilots during flight operations.

c . Flight s Of The UAS Will B e Conducted Pursuant To S pec ific Operating L imitations.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 System s . Proposed operations of any other aircraft will require a new petition or a petition to amend this grant.
2. UAS operations under this ex emption 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 vis ual 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 oper ations. 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 an y 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 con ditions and limitations contained in the grant of exemption and the procedures outlined in the operati ng 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 may23

update or revise its operatin g 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 th e 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. Al l 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

un dergo 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 a lready 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 en try 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 third

class medical certificate. The PIC must also meet th e 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 demons trates the ability to safely operate the UAS in a manner24

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 q ualification 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 Administrato r. 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. Dur ing 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 no t 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 r equired 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 pre

determined location within the planned operating area and land or be recovered in accordance with the operating doc uments.
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 2 0% battery power remaining.
25. The oper ator 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 Airm e n (NOTAM) not more t han 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 (N

Number) 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 gover nment 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 Admini strator 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, vehi cles, 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 protectio n. 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, op erator 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 f light 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 to26

the FAA's UAS Integration Office (AFS

- 80) within 24 ho urs. 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 S afety.

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 t he UAS unless

that PIC has demonstrated , by meeting minimum flight

- hour and currency requirements
, that the

PI C is able to safely operate the UAS in a manner consistent with th e exemption, including
evasive and emergency maneuvers and maintaining appropriate distances from people, vessels,

vehicles and structures.
Considering Aerial Serv ices ’ 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

necess ary 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.

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

(b) (Ex emption No. 111 70 ). The eBee Ag UAS has also bee n the subject of a Grant of
Exemption from Section 61.113( a) and (b) (Exemption No. 11136). Additionally, t he 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
, 11 136, 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 require ments 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, ve ssels, 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, pr ior 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 accumulat ed 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

acc umulated 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 prec eding 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. Th e FAA also finds that prior documented flight experience that was obtained in compliance with applicable regulations would satisfy this requirement. Training, proficiency, and28

experience

- building flights can also be conducted under the grant of exemption t o
ac complish 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 allow ing 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

th e exemption, including evasive and emergency maneuvers and maintaining appropriate
distances from people, vessels, vehicles and structures.

3. Reasons Why An Exemption Fr om 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 up on the aircraft’s compliance and conformity with relevant operating d ocuments ( 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 Gran t of E xemption from Section 91.7(a)
(Exemption No

. 111 70 ). The eBee Ag UAS has been the subject of multiple Grants of
Exemption from Section 91.7(a) (Exemption Nos. 11136, 11167). Additionally, t he 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 Fr om The Requirements Of Section 91. 121 Would Not Adversely Affect Safety.
The equivalent level of safety established by Section 91.121 will be maintaine d 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 establish ed by the UAS
at ground level.

The eBee UAS was the subject of a Grant of Exemption from Section 91. 121 (Ex emption

No. 111 70 ). The eBee Ag UAS was the subject of multiple Grants of Exemption from Section
91.121 (Exemption Nos. 11136, 11167). T he 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, 110 66, 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 equiv a l e nt level of safety established by 14

C.F.R. Section 91.151( a ) (1) as a result of (1) the technical specifications of t he UAS ; (2) the
limitations on the proposed flight operati ons ; 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 visual30

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 t he 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 Ex emption 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. Sect ion 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, t he eBee UAS has been the su bject of a Grant of Exemption from Section

91. 151 ( Exemption No . 11170) , and th e eBee Ag UAS h a s been the subject of multiple Grant s 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 a ll
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, Maintenanc e Procedures, Training Documentation,

and Justification of Airworthiness and Safety Assessment s ). Furthermore, only the Original
Equipment Manufacturer (OEM) or qualified OEM maintainers will perform higher

- level
inspections and maintenance per the operat ing 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 t he 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) T he 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 p ursuant to 14 C.F.R. § 11.35(b).32

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

91.40 7(a)(1) and (a)(2) , 91.409(a)(2), and 91.417(a) and (b) ( Exemption No. 111 70 ) . 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) , an d 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

. T he FAA May Prescribe Any Other Conditions For Safe Ope ration.

In accordance with Sec tion 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), an d 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 Sec tion 333 sets forth the
requirem ents 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 a ny 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 o r 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 s ubchapter 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 the reto 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 Sec tion 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), 9 1 .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 S ummary That C an Be P ublish ed In T he 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 System s (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 p ursuant to the FAA Modernization and Reform Act of 2012

(FMRA) Section 333, which directs the Secretary of Transportation to determine if certain UAS34

may operate safely in the NAS

. As such
, Aerial Services ’ request for exemption may be g ranted
pursuant to the authority of FMRA Sec tion 333 and 14 C.F.R. Part 11, as set forth above.

FMRA Section 333 sets forth the require ments 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

fulfill ing 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 oper ate UAS commercially with in 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 eBe e and senseFly eBee Ag

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

.35

Dated: March 6, 201 5
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.