Page 1 of 15

J uly 2

, 2015

Z .P. le Roux

101 Silverado Drive

Madison

AL 35758 USA

Phone: 256.724.1587

U.S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE Washington, DC 20590

Re: Your 29 June 2015 Correspondence re Exemption Request Under Section 333 of the FAA Re form Act and Part 11 of the Federal Aviation Regulations

Dear Madam, Sir,

T h is letter and updated submission is in response to your letter of Jun e 29 th

, 2015, wherein you request further

information. We trust that the information provided below and in the attachments now include the additional information needed to successfully process the request for exem ption.

More detail on the requested exemptions and equivalent levels of safety provided for each, are provided in Annex A.

The statement on why this request would be in the public interest and, how it would benefit the pu blic as a whole is

also provide d in Annex A.

A nnex A further includes summary information for the Federal Register , if indeed need ed. However, the APPLICANT

believes that g ood cause exists for not publishing a su mmary of this petition in the Federal Register because the requested exemption would not set a precedent, and any delay in acting on this petition would be detrimental to the

A PPLICANT

.

Applicant/ Petitioner Name and Address:

Z .P. le Roux

101 Silverado Drive

Madison

AL 35758 USA

Phone: 256.724.1587 zpleroux@gmail.com

Exemption Requested

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”) and 14 C.F.R. Part 11, Zach le Roux ( hereafter referred to as “Applicant”) an operator of the eBee Unmanned Aircraft System (“eBee”) and manufactured by SenseFly, seeks an exemption from the Federal Aviation Regulations (“FARs”) listed below:

 14 C F R. 21

 14 C F R. 61.11 3(a) (b)Page 2 of 15

 14 CF R. 91.7(b)

 14 CF R. 91.119

 14 CFR. 91.121

 14 C F R. 91.151(a)

 14 CF R Subpart E (91.401

- 91.417)

The requested exemption s would authorize commercial operations using the eBee for various applications.

These operations will be subject to strict operating requirements defined in the eBee user manual . This user manual

has already been submitted to the FAA by SenseFly ( the manufacturer of the eBee) in its re quest resulting in the FAA granting exemption no. 11263 on April 1, 2015 . The operation of the eBee will further be subject to co nditions defined in the paragraph 3

.

S ince this petition for exemption is similar to approvals of previous requests involving the eBee, Applicant requests that this petition for exemption be processed under the “summary grant” (see https://www.faa.gov/news/updates/?newsId=82485 ) process.

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

- programme d precision aerial mapping missions thanks to the on

- board GPS and the related flight management software (eMotion) that allows the operator to plan safely and efficiently a mission in 3D,

and then monitor it in real

- time. Thanks to the embedded camera, pr otected 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 ligh t 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 hazardo us 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 s ilent 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 sys tem 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 cap ability 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 circum stances, thanks to the remote controller provided with the system.Page 3 of 15

2. APPLICATIONS

Applications with unmanned aerial systems, like the eBee (hereafter referred as the “sUAS”), may include agricultural applications, mining, construction, mapping

, UAS Oper ator Training, public safety / disaster response support, aerial inspections and survey/GIS operations.

The sUAS offers many operational benefits, which include:

a. Bringing safety to daily aerial imaging operations: there is no need for the humans to ac cess dangerous working areas anymore (mines, quarries, or polluted sites). The missions can be programmed and reproduced reliably as often as needed for regularly updated maps.

b. The sUAS is a cost

- effective solution

c. Users can save time and work more efficiently by using the sUAS: A mission does not need a long preparation time or long deployment constraints, or long waiting time for perfect weather conditions unlike, for example, the use

of satellites. Initial results are available and accessible dir ectly on

- site.

d. Social benefits: The sUAS is eco

- friendly (electric

- powered), and its affordability allows many high

- valued applications like data gathering for sustainability projects or post

- disaster management missions.

3. APPLICABLE LEGAL STANDAR D UNDER SECTION 333

a. Airworthiness assessment of the eBee

APPLICANT 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 N ew Mexico State University: https://newscenter.nmsu.edu/Articles/view/10208/nmsu

- uas

- flight

- test

- center

- conducts

- ebee

- airworth iness

assessment , and the USACE New Orleans, who coordinated with the Department of Army and the FAA to obtain all authorizations required i n order to operate the eBee UAS). Moreover the eBee already received 15 Exemptions from

the FAA

.

SenseFly also obt ained 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 oper ations)

 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)

 Denma rk (flight approval for VLOS operations)

b. Operating Conditions

Grant of the exemption to APPLICANT, will be subject to the following operating conditions, based on the operating conditions set forth by the AMA (see Annex B), and the factors the FAA is to consider under section 333. The main

restrictions are summarized below:Page 4 of 15

 Operations authorized by this grant of exemption are limited to the SenseFly eBee when weighing less than 55 pounds including payload. Proposed operations of any other aircraft wi ll require a new petition or a petition to amend this exemption.

 The U nmanned Aircraft (UA) may not be operated at a speed exceeding 87 knots (100 miles per hour). The exemption holder may use either groundspeed or calibrated airspeed to determine complia nce with the 87 knot speed restriction. In no case will the UA be operated at airspeeds greater than the maximum UA operating airspeed recommended by the aircraft manufacturer.

 The UA must be operated at an altitude of no more than 400 feet above ground l evel (AGL). Altitude must be reported in feet AGL.

 The UA must be operated within visual line of sight (VLOS) of the P ilot

- in

- Command (P IC ) at all times. This requires the PIC to be able to use human vision unaided by any device other than corrective lens es, as specified on the PIC’s FAA

- issued airman medical certificate or U.S. driver’s license.

 All operations must utilize a visual observer (VO). The UA must be operated within the visual line of sight (VLOS) of the PIC and VO at all times. 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 designate d 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 duties required of the VO.

 This exemption , should it be granted, and all documents needed to operate the UAS and conduct its operations in accordance with the conditions and limitations stated in this grant of exemption, are hereinafter referred to as the operating documents. The operating documents must be accessible during UAS operations

and made available to the Administrator upon request. If a discrepancy exists between the conditions and limitations in this exemption and the procedures outlined in the operating documents, the conditions and limitations herein take precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in its operating documents. The operator may update or revise its operating documents. It is the operator’s responsibility to track such revisions and present updated and revised documents to the

Administrato r or any law enforcement official upon request. The operator must also present updated and revised documents if it petitions for extension or amendment to this grant of exemption. If the operator determines that any update or revision would affect the basi s upon which the FAA granted this exemption, then the operator must petition for an amendment to its 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

.

 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 prior to conducting further operations under this exemp tion. Functional test flights may only be conducted by a PIC with a VO and must remain at least 500 feet from other people. The functional test flight must be conducted in such a manner so as to not pose an undue hazard to persons and property.

 The operat or is responsible for maintaining and inspecting the UAS to ensure that it is in a condition for safe operation.

 Prior to each flight, the PIC must conduct a pre

- flight inspection and determine the UAS is in a condition for safe flight. The pre

- flight ins pection must account for all potential discrepancies, e.g. inoperable components, items, or equipment. If the inspection reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited from operating until the necessary maintenan ce has been performed and the UAS is found to be in a condition for safe flight.Page 5 of 15

 The operator must follow the UAS manufacturer’s maintenance, overhaul, replacement, inspection, and life limit requirements for the aircraft and aircraft components.

 Each UA S operated under this exemption must comply with all manufacturer safety bulletins.

 Under this grant of exemption, a PIC must hold either an airline transport, commercial, private, recreational, or sport pilot certificate. The PIC must also hold a current FAA airman medical certificate or a valid U.S. driver’s license issued by a state, the District of Colombia, Puerto Rico, a territory, a possession, or the Federal government. The PIC must also meet the flight review requirements specified in 14 CFR § 61. 56 in an aircraft in which the PIC is rated on his or her pilot certificate.

 The operator may not permit any PIC to operate unless the PIC demonstrates the ability to safely operate the UAS in a manner consistent with how the UAS will be operated under th is exemption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PIC qualification flight hours and currency must be logged in a manner consistent with 14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs (training, proficiency, and experience

building) and determining the PIC’s ability to safely operate the UAS in a manner consistent with how the UAS will be operated under this exemption are permitte d under the terms of this 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 nonpar ticipants, and the PIC must operate the UA with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119.

 UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All operations must be

conducted under visual meteo rological conditions (VMC). Flights under special visual flight rules (SVFR) are

not authorized.

 The UA may not operate within 5 nautical miles of an airport reference point (ARP) as denoted in the current FAA Airport/Facility Directory (AFD) or for airpo rts not denoted with an ARP, the center of the airport symbol

as denoted on the current FAA

- published aeronautical chart, unless a letter of agreement with that airport’s management is obtained or otherwise permitted by a COA issued to the exemption holde r. The letter of agreement with the airport management must be made available to the Administrator or any law enforcement official upon request.

 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.

 If the UAS loses communications or loses its GPS signal, the UA must return to a pre

- determined location within the private or controlled

- access property.

 The PIC must abort the flight in the event o f unpredicted obstacles or emergencies.

 The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough available power for the UA to conduct the intended operation and to operate after that for at l east five minutes or with the reserve power recommended by the manufacturer if greater.

 Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All operations shall be conducted

in accordance with an ATO

- issued COA. The exemption hold er may apply for a new or amended COA if it intends to conduct operations that cannot be conducted under the terms of the attached COA.

 All aircraft operated in accordance with this exemption must be identified by serial number, registered inPage 6 of 15

accordance w ith 14 CFR part 47, and have identification (N

- Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must be as large as practicable.

 Documents used by the operator to ensure the safe operation and flight of the UAS and any documents

re quired under 14 CFR §§ 91.9 and 91.203 must be available to the PIC at the Ground Control Station of the UAS any time the aircraft is operating. These documents must be made available to the Administrator or any law enforcement official upon request.

 The UA must remain clear and give way to all manned aviation operations and activities at all times.

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

 All Flight operations must be conducted at least 500 feet from all nonparticipating persons, vessels, vehicles,

and structures unless:

o 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 in a manner ensuring the safety of nonparticipating persons; and

o The owner/control ler of any vessels, vehicles or structures has granted permission for operating closer to those objects 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.

The PIC, VO, operator trainees or essential persons are not cons idered nonparticipating persons.

 All operations shall be conducted over private or controlled

- access property with permission from the property owner/controller or authorized representative. Perm ission from property owner/controller or authorized representative will be obtained for each flight to be conducted.

 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 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

.

c. Operating Requirements

The eBee is an ultra

- light UAV platform made of flexible foam with no sharp or hard edge characterized by a high level of pre

- programmed control and various built

- in technical capabilities (programming of a geo

- fence, automatic wind detection) that prevent the operator doing a mission outside of the operating limits. All flights are pre

programmed with GPS guidance and do not require human intervention; nevertheless human override is possible by clicking on one o f the multiple “action” buttons or by using the remote controller provided with each eBee system. In the case of unplanned events, either the autopilot reacts immediately or the operator can choose between different

pre

- programmed or manual actions. Those procedures include a Flight Termination System (emergency landing procedure, triggered by the autopilot or the operator in charge: given its very light weight, the eBee will initiate a gliding approach to the ground at very low speed around the current loc ation). Moreover, the kinetic energy of the

aircraft is 60 J in

- flight at cruise speed. In comparison, the kinetic energy of a football is about 110 J when thrown by

hand.

Given the above described safety features, recognized by the U.S. Army Corps of Eng ineers and the nationalPage 7 of 15

aviation authority of several countries, APPLICANT requests an exemption from the airworthiness certification requirements in Part 21 and the concomitant requirements in 14 C.F.R. 91.7(a)) and 91.203 to operate an airworthy

aircraft

.

APPLICANT also proposes that operators of the eBee should not be required to hold a commercial or private pilot certification, and hereby requests an exemption from the pilot certification requirements in the Federal Aviation Act

and Part 61. Pilot cer tification requirements for manned aircraft are neither necessary nor appropriate in many respects for operators of small, ultra lightweight UAVs. There are undoubtedly ATP

- certificated pilots who nonetheless would need training to operate a UAV safely; co nversely, the UAV training regimen includes instruction

for non

- certificated operators in those aspects of safe operation in the National Airspace System (“NAS”) that are relevant to the UAV and the UAS operation. The FAA has authority under both section 333 and its general waiver and exemption authority in 49 U.S.C. 44701(f) to waive the statutory pilot certification requirement upon a showing that the required UAS training achieves an equivalent level of safety.

To achieve as well as exceed an equivalen t level of safety, operators will be required to:

 Have completed an AMA affiliated small UAS education and training program and achieved an AMA UAS endorsement, or have successfully completed a small UAS education and training program provided by any

FAA qualified entity, and;

 Have passed the UAS manufacturer’s training program for operation of the UAS. The manufacturer’s training program for operators has been already satisfactorily reviewed through the Application for

Airworthiness Qualification Level (AQL) 3 Airworthiness Release (AWR).

Please see Annex A for a detailed explanation of each regulation from which an exemption is sought and the equivalent level of safety showing.

4 . CONCLUSION

Applicant’s Petition for Exemption satisfies the c riteria articulated in Section 333 of the Reform Act of 2012 including weight, speed, operating capabilities, proximity to airports and populated areas, operation within visual line

- of

- sight and national security.

APPLICANT submits in this petition a pr agmatic approach to allow the safe and efficient operation of ultra

- light UAVs pursuant to FAA, AMA, and manufacturer’s safety requirements and conditions.

The proposed UAS operations will benefit the public as a whole by ensuring that UAS operations are done in accordance with current legislative and regulatory frameworks.

In consideration of the foregoing, and A PPLICANT ’ S commitment to follow applicable criteria

, APPLICANT’s Petition for Exemption should provide sufficient justification for granting of the requested exemptions.

Should you have any ques tions, or if you need additional information to support the requested exemptions, please contact the undersigned.Page 8 of 15

Yours sincerely,

Z.P. le Roux

101 Silverado Drive

Madison

AL 35758 USA

Phone: 256.724.1587

ATTACHMENTSPage 9 of 15

Attachments

ANNEX A: EXEMPTION REQ UEST AND EQUIVALENT LEVEL OF SAFETY SHOWINGS UNDER APPLICABLE

RULES SUBJECT TO EXEMPTION

ANNEX B: ACADEMY OF MODEL AERONAUTICS SAFETY REQUIREMENTSPage 10 of 15

ANNEX A: EXEMPTION REQUEST AND EQUIVALENT LEVEL OF SAFETY SHOWINGS UNDER APPLICABLE

RULES SUBJECT TO EX EMPTION

APPLICANT requests an exemption from the following regulations as well as any additional regulations that may technically apply to the operation of the eBee:

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 CFR § 91.203(a)(1)

Sectio n 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).

Equivalent Level of Safety

Giv en 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 o rder to achieve or exceed current safety levels.

Such an exemption meets the requirements of an equivalent level of safety under Part 11 and Section 333 of

the Reform Act. The Federal Aviation Act and Section 333 of the Reform Act both authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration of the size, weight, speed, operational capability, and proximity to airports and populated areas of the UAS involved. An analysis

of these different criteria demo nstrates 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 ope rations with the eBee, which demonstrates that assertion, has already been submitted to the FAA by SenseFly ( the manufacturer of the eBee) in its re quest resulting in the FAA granting exemption no. 11263 on April 1, 2015 and is thus not duplicated in this petition.

14 C.F.R. § 61.3: Requirements for certificates, ratings and authorizations 14 C.F.R. § 61.113(a) & (b); 61.133(a): Private Pilot Privileges and Limitations; Pilot in Command; Commercial Pilot Privileges and Limitations

The regulation provide s that no person may serve as a required pilot flight crewmember of a civil aircraft of the United States, unless that person:

(1) Has a pilot certificate or special purpose pilot authorization issued under this part in that person's physical possession o r readily accessible in the aircraft when exercising the privileges of that pilot certificate or authorization. However, when the aircraft is operated within a foreign country, a pilot license issued by that country may be used.

The regulation provides al so that no person that holds a private pilot certificate may act as pilot in command of an aircraft for compensation or hire. Subparagraph (b) allows a private pilot to act as pilot in command of an aircraft in connection with any business or employment i f:

(1) The flight is only incidental to that business or employment; (2) The aircraft does not carry passengers or property for compensation or hire.

Equivalent Level of Safety

Given the safety features of the eBee and the fact that the missions are pre

- programmed and monitored in

real

- time with a specific flight management software (eMotion), APPLICANT proposes that operators of thePage 11 of 15

eBee should not be required to hold a commercial pilot certification. Instead, operators should be required to: Have a sport or recreational pilot license (at least) and have successfully passed a manufacturer’s training program for the eBee.

Also, b ecause the UAS does not carry crew or persons, the operations proposed in this request can be carried out with appropriate safety by pilots with at least sport or recreational pilot license or at most private

licenses.

While it is likely that many of the pilots

- in

- command flying our UAS will be commercia l pilots, the type of flying and safety measures expected of the pilot and industry do not require this license.

The APPLICANT also believes that the awareness of airspace restrictions, communication with ATC and situational awareness concerns are satisfied by a private pilot’s license. The FAA itself, in Exemption

No . 11066, concluded that private pilot licensing will ensure that the PIC has proper knowledge and training by comparing skills side by side. For these reasons, A PPLICANT is certain that an equivalent level of safety will be maintained with this exemptio n.

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. To the extent that this regulation would require an airworthiness certificate for the aircraft, A PPLICANT requests an exemption. Should

the exemption be granted allowing commercial operation of the eBee without an airworthiness certificate, no standard

will exist for airworthiness of the eBee.

Equivalent Level of Safety

All UAS operated by APPLICANT will be under 55 pounds including payload and will operate in a defined

area made known to local ATC. Furthermore, the vehicles A PPLICANT will operate do not carry personnel, explosive materials or flammable liquid fuels or other potentially hazardous materials.

T he eBee h as been approved for use in a number of previous Section 333 exemptions and many tho usands of successful flight hours have been logged with this vehicle. This UAS, piloted by APPLICANT ’ s pilots, does not represent a risk to the national airspace or the public.

Given the size of the aircraft and the previous airworthiness assessments given to the eBe e, among others:

 New Mexico State University: https://newscenter.nmsu.edu/Articles/view/10208/nmsu

- uas

- flight

- test

center

- con ducts

- ebee

- airworthiness

- assessment

 USACE New Orleans, who coordinated with the Department of Army and the FAA to obtain all authorizations required in order to operate the eBee UAS for levee system monitoring, documentation of construction progress, and extensive oblique photography of USACE structures &

activities

An equivalent level of safety will be achieved by insuring compliance with the SenseF ly manuals and APPLICANTS Flight Operations Manual (FOM) prior to each flight and by maintenan ce wit hin the tolerances

of A PPLICANT ’ s and Manufacturers maintenance policies and the guidelines set out in the operations manuals of the manufacturer,

14 CFR § 91.119: Minimum Safe AltitudesPage 12 of 15

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.

Equivalent Level of Safety

The equivalen t 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 of the

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 Requirements

This section of Title 14 requi res that the pilot of the aircraft use an altimeter on board the aircraft to determine altitude. The altimeter must be set based on the barometric pressure of the departing airport and airports in route. A PPLICANT seeks an exemption from 14 CFR Part 9 1.121 as the aircraft does not use an altimeter for elevation determination, but

a GPS receiver instead.

Equivalent Level of Safety

As part of the flight monitoring software of each UAS, the GPS altitude is displayed in the eMotion Software

and thus to the V isual O bserver (VO)

. The system also has the capacity to iss ue altitude readings or warnings via synthesized voice readout.

As the VO is in commun ication with the PIC, any deviations from the pre

- planned altitudes of the flight will be communicated by the VO and feedback will be given during manually controlled flight when altitude approaches 400 feet. Pre

- flight checks will confirm the GPS alti tude of the location of the flight compared to the flight plan to confirm the plan’s accuracy and make any necessary changes (including the abort of the mission).

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.

Equivalent Level of Safety

Given the area of operation for the eBee, APPLICANT 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.Page 13 of 15

14 CFR Subpart E (91.401

- 91.417)

- Maintenance, Preventive Maintenance, and Alterations

The regulation provides that the operator is primarily respon sible 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 ins pection. 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 mecha nics, under Part 43, or licensed pilots and records of approval of the aircraft for return to service.

Equivalent Level of Safety

APPLICANT proposes that the maintenance of the eBee will be accomplished by the owner/operator according to the maintenance manual, provided by SenseFly

. This maintenance manual has already been submitted to the FAA by SenseFly ( the manufacturer of the eBee) in its re quest resulting in the FAA granting exemption no. 11263 on April 1, 2015 and is thus not duplicated in this petition.

An equivalent l evel 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 eve ry 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 t he flight management software . The operator can then refer to the

maintenance manual to trou bleshoot 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.

Public Interest

Granting APPLICANT this waiver is in the public interest for several reasons. The work that APPLICANT consults on and manages/ performs involves manned aircraft and satellites and is largely for use in mapping and geographic information systems (GIS) activities that add to the pub lic’s benefit including flood plain mapping, disaster response and planning, street maps, crop damage, environmental studies, prevention of insurance and tax fraud through inventory and more.

This will continue to be the case with data collected via UAS, with the hope that more uses can be developed by

A PPLICANT and stakeholders with UAS technology.

Additionally, because A PPLICANT has a private pilot license, and will use private or professional pilots a s pilots in

command with the UAS for s afe and effective data collection

, A PPLICANT will provide s afe and effici ent o perations for the many and various industries being sup ported.

This will decrease the need for manned aircraft in the air and thus reduce pollution, airspace congestion, and risk to

crews and others. As a leading consultant and advisor in unmanned systems mapping, public safety and disaster

response, APPLICANT recognizes and supports the need to establish standards for UAS operators which will safeguard the NAS. That same experience, capabil ity and c ommitment will enable APPLICANT t o conduct UAS operations using skilled professionals who will adhere to the required safety standards.

The UAS operated by A PPLICANT will be under 55 pounds including payload, will operate in a defined area made known to local ATC, and will not carry personnel, explo sive materials or flammable liquid fuels or other potentiallyPage 14 of 15

hazardous materials.

Summary for Federal Register

Petitioner: Z .P. le Roux

Sections of 14 CFR Affected: 14 CFR Section 61.113, 14 CFR Section 91.7, 14 CFR Se ction 91.119, 14 CFR Section 91.121, 14 CFR Section 91.151, 14 CFR Section 91.405, 14 CFR Section 91.407, 14 CFR Section 91.409, 14 CFR Section 91.417.

Description of Relief Sought : Petitioner seeks relief from the requirements of 14 CFR Section 61.1 13, 14 CFR Section 91.7, 14 CFR Section 91.119, 14 CFR Section 91.121, 14 CFR Section 91.151, 14 CFR Section 91.405, 14 CFR Section 91.407, 14 CFR Section 91.409 and 14 CFR Sec tion 91.417 in order to conduct research, training and opera tions using small unmanne d aerial systems for use cases in many different industry sector s.

Conclusion

A PPLICANT believes that the criteria provided in Section 333 of the FMRA regarding size, weight, speed, operating capabilitie s, proximity to airports and populated areas, operation within visual line of sight, and national security have

been satisfied. A PPLICANT ’ S commitment to follow these criteria in a professional manner should justify the granting of this exemption request. Please contact APPLICANT with any question (s) or for more information.Page 15 of 15

ANNEX B: ACADEMY OF MODEL AERONAUTICS SAFETY REQUIREMENTS

http://www.modelaircraft.org/files/105.pdf http://www.modelaircraft.org/files/540

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