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July 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 Reform Act and Part 

11 of the Federal Aviation Regulations

Dear Madam, Sir,

This letter and updated submission is in response to your letter of June 29th, 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 exemption.

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 public as a whole is 

also provided in Annex A.

Annex A further includes summary information for the Federal Register, if indeed needed. However, the APPLICANT 

believes that good cause exists for not publishing a summary 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 

APPLICANT.

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 CFR. 21

 14 CFR. 61.113(a) (b) 
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 14 CFR. 91.7(b) 

 14 CFR. 91.119 

 14 CFR. 91.121

 14 CFR. 91.151(a) 

 14 CFR Subpart E (91.401 - 91.417) 

The requested exemptions 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 request resulting in the FAA 

granting exemption no. 11263 on April 1, 2015. The operation of the eBee will further be subject to conditions defined 

in the paragraph 3.

Since 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-programmed precision aerial mapping missions thanks to the on-board GPS and the 

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

and then monitor it in real-time. Thanks to the embedded camera, protected by a foam envelope, the eBee takes a 

collection of high-definition still images that are used later to generate maps and contour lines of the surveyed area. 

The four main characteristics of the eBee are:

a. Very light weight

The eBee is so light that the operator can launch it by hand and let it land on almost any surface without requiring a 

parachute or landing net (belly land). Its low impact energy (38 J in case of a controlled emergency landing) also 

significantly reduces the risk of hazardous situations. Finally, the wings of the eBee are detachable and made of 

flexible foam with no sharp or hard edges and almost no internal strengthening structure. 

b. Electric-powered

The eBee is electric powered. A brushless engine technology makes it silent and reliable. The propeller is attached 

with a rubber band to the body of the plane so that it can easily flex away in case of contact with any object. 

c. Semi-automatic flight

The artificial intelligence incorporated within the eBee autopilot system continuously analyzes data from the Inertial 

Measurement Unit and from the onboard GPS and takes care of all the aspects of the flight under the supervision of 

the operator.

d. Option for Manual control

Additionally, the eBee provides an override capability that allows the operator to take manual actions during the flight 

(Go to Home, Go Land, Hold and Resume the mission) and also suspend automated operations and take manual 

control of the aircraft should it become necessary to respond emergent circumstances, thanks to the remote controller 

provided with the system.
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2. APPLICATIONS

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

applications, mining, construction, mapping, UAS Operator 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 access 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 directly 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 STANDARD 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 New Mexico State University: 

https://newscenter.nmsu.edu/Articles/view/10208/nmsu-uas-flight-test-center-conducts-ebee-airworthinessassessment, and the USACE New Orleans, who coordinated with the Department of Army and the FAA to obtain all 

authorizations required in order to operate the eBee UAS). Moreover the eBee already received 15 Exemptions from 

the FAA.

SenseFly also obtained flight approvals for the eBee (delivered by national civil aviation authorities) in many countries, 

among others:

 Switzerland (flight approval for VLOS operations)

 Canada (flight approval for VLOS operations)

 Australia (flight approval for VLOS operations)

 France (flight approval for Extended-VLOS operations)

 Germany (flight approval for VLOS operations)

 United Kingdom (flight approval for VLOS operations)

 Norway (flight approval for VLOS operations)

 Sweden (flight approval for VLOS operations)

 Denmark (flight approval for VLOS operations)

b. Operating 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:
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 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 will require a new petition or a petition 

to amend this exemption.

 The Unmanned 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 compliance 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 level (AGL). Altitude must be 

reported in feet AGL.

 The UA must be operated within visual line of sight (VLOS) of the Pilot-in-Command (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 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 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 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 

Administrator 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 basis 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 exemption. 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 operator 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 inspection 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 maintenance has been performed and the UAS is 

found to be in a condition for safe flight.
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 The operator must follow the UAS manufacturer’s maintenance, overhaul, replacement, inspection, and life 

limit requirements for the aircraft and aircraft components.

 Each UAS 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 this 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 experiencebuilding) 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 permitted 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 nonparticipants, 

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 meteorological 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 airports 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 holder. 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 of 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 least 

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 holder 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 in 
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accordance with 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 

required 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/controller 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 considered nonparticipating persons.

 All operations shall be conducted over private or controlled-access property with permission from the property 

owner/controller or authorized representative. Permission 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 preprogrammed with GPS guidance and do not require human intervention; nevertheless human override is possible by 

clicking on one of 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 location). 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 Engineers and the national
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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 certification 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; conversely, 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 equivalent 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 criteria 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 pragmatic 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 APPLICANT’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 questions, or if you need additional information to support the requested exemptions, please 

contact the undersigned. 

 
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Yours sincerely,

Z.P. le Roux

101 Silverado Drive

Madison

AL 35758 USA

Phone: 256.724.1587

ATTACHMENTS
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Attachments

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

RULES SUBJECT TO EXEMPTION

ANNEX B: ACADEMY OF MODEL AERONAUTICS SAFETY REQUIREMENTS
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ANNEX A: EXEMPTION REQUEST AND EQUIVALENT LEVEL OF SAFETY SHOWINGS UNDER APPLICABLE 

RULES SUBJECT TO EXEMPTION

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)

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

Certificates, establishes the procedural requirements for the issuance of airworthiness certificates as required by FAR 

§ 91.203(a). 

Equivalent Level of Safety

Given the size of the eBee, its very light weight (the maximum take-off weight is 1.7 pounds) and the limited 

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

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

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

the Reform Act. The Federal Aviation Act and Section 333 of the Reform Act both authorize the FAA to 

exempt aircraft from the requirement for an airworthiness certificate, upon consideration of the size, weight, 

speed, operational capability, and proximity to airports and populated areas of the UAS involved. An analysis 

of these different criteria demonstrates that the eBee operated without an airworthiness certificate, under the 

conditions proposed in that exemption, will be at least as safe, or safer, than a conventional aircraft with an 

airworthiness certificate. A proprietary risk assessment for operations with the eBee, which demonstrates that 

assertion, has already been submitted to the FAA by SenseFly ( the manufacturer of the eBee) in its request 

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 provides 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 or 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 also that no person that holds a private pilot certificate may act as pilot in command of an 

aircraft for compensation or hire. Subparagraph (b) allows a private pilot to act as pilot in command of an aircraft in 

connection with any business or employment if: 

(1) The flight is only incidental to that business or employment; 

(2) The aircraft does not carry passengers or property for compensation or hire.

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 the 
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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, because 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 commercial 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, APPLICANT is certain that an equivalent level of safety 

will be maintained with this exemption.

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, APPLICANT 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 APPLICANT will operate do not carry personnel, 

explosive materials or flammable liquid fuels or other potentially hazardous materials. 

The eBee has been approved for use in a number of previous Section 333 exemptions and many thousands 

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 eBee, among others:

 New Mexico State University: https://newscenter.nmsu.edu/Articles/view/10208/nmsu-uas-flight-testcenter-conducts-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 SenseFly manuals and 

APPLICANTS Flight Operations Manual (FOM) prior to each flight and by maintenance within the tolerances 

of APPLICANT’s and Manufacturers maintenance policies and the guidelines set out in the operations 

manuals of the manufacturer, 

14 CFR § 91.119: Minimum Safe Altitudes
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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 equivalent level of safety will be achieved because the eBee will only fly over private property with the 

permission of the landowner. The operator will define before every flight a working area radius and a flight 

area ceiling, preventing the eBee to go beyond the flight area.

The landowner and the persons who may be on the ground in the flight area will be briefed of the expected 

route of flight and the associated risks to persons and property on the ground. Due to the small size 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 requires 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. APPLICANT 

seeks an exemption from 14 CFR Part 91.121 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 Visual Observer (VO). The system also has the capacity to issue altitude readings or 

warnings via synthesized voice readout.

As the VO is in communication 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 altitude 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.
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14 CFR Subpart E (91.401 - 91.417) - Maintenance, Preventive Maintenance, and Alterations

The regulation provides that the operator is primarily responsible for maintaining the aircraft in an airworthy condition, 

including compliance with Parts 39 and 43. Paragraphs 91.407 and 91.409 require that the aircraft be "approved for 

return to service by a person authorized under 43.7" after maintenance and inspection. Section 91.409(a)(2) requires 

an annual inspection for the issuance of an airworthiness certificate. Section 91.417(a) requires the owner or operator 

to keep records showing certain maintenance work that has been accomplished by certificated mechanics, under Part 

43, or licensed pilots and records of approval of the aircraft for return to 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 request resulting in the FAA granting 

exemption no. 11263 on April 1, 2015 and is thus not duplicated in this petition.

An equivalent level of safety will be achieved because the eBee is small in size, it is not a complex 

mechanical device, it will carry no external payload, and it will operate only in restricted predetermined areas. 

Moreover, the operator is the person most familiar with the aircraft and is best suited to maintain the aircraft in 

an airworthy condition and to ensure an equivalent level of safety. Finally, before every flight, the eBee runs 

automatically a sequence of pre-flight tests to make sure that every sensor and every critical part is running 

properly. If a problem is detected, the eBee will not be able to be switched-on and a message error is 

displayed on the main screen of the flight management software. The operator can then refer to the 

maintenance manual to troubleshoot this issue. Several parts of the eBee are easily interchangeable 

(propellers, wings), which allows the operator to make sure the wings and propulsion system are always 

airworthy when a mission is initiated.

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 public’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 

APPLICANT and stakeholders with UAS technology.

Additionally, because APPLICANT has a private pilot license, and will use private or professional pilots as pilots in 

command with the UAS for safe and effective data collection, APPLICANT will provide safe and efficient operations for 

the many and various industries being supported.

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, capability and commitment will enable APPLICANT to conduct UAS 

operations using skilled professionals who will adhere to the required safety standards. 

The UAS operated by APPLICANT will be under 55 pounds including payload, will operate in a defined area made 

known to local ATC, and will not carry personnel, explosive materials or flammable liquid fuels or other potentially 
Page 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 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, 14 CFR Section 91.417. 

Description of Relief Sought: Petitioner seeks relief from the requirements of 14 CFR Section 61.113, 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 Section 91.417 in order to conduct research, 

training and operations using small unmanned aerial systems for use cases in many different industry sectors.

Conclusion 

APPLICANT believes that the criteria provided in Section 333 of the FMRA regarding size, weight, speed, operating 

capabilities, proximity to airports and populated areas, operation within visual line of sight, and national security have 

been satisfied. APPLICANT’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