May 22

, 2015

Exemption No. 11673 Regulatory Docket No. FAA

– 20 15

– 0647

Mr. H

. Walt Armijo

President Aerial Scout Ag Ops Support, LLC 379 West Market Street, Suite A Salinas, CA 93903

Dear Mr. Armijo :

This letter is to inform you that we have granted your request for exemption. It transmits our decision, explains its basis, and gives you the conditions and limitations of the exemption, including the date it ends.

By letter dated March 12, 2015 , you petitioned the Federal Aviation Administration (FAA) on

behalf of Aerial Scout Ag Ops Support, LLC ( hereinafter petitioner or operator ) for an exemption

. The exemption would all ow the petitioner to operate an unmanned ai rcraft system (UAS) to conduct precision agriculture and remote sensing

.

See Appendix A for the petition submitted to the FAA des cribi ng the proposed operations and

the regulations that the petitioner seeks an exemption

.

The FAA has determined that good cause exists for not publishing a summary of the petition in the Federal Register because the requested exemption would not set a prece dent, and any delay in acting on this petition would be detrimental to the petitioner

.

Airworthiness Certification

The UAS proposed by the petitioner is a senseFly eBee

.

The petitioner requested relief from 14 CFR part 21, C ertification procedures for products and parts, Subpart H

— Airworthiness Certificates

. In accordance with the statutory criteria provided in Section 333 of P ublic Law 112

− 95 in reference to 49 U

. S

. C

. § 44704, and in2

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

aircraft and its operation, the Secretary of Transportation has determined that this aircraft

meets the conditions of Section 333. Therefore, the FAA finds that the requested relief from

14 CFR part 21

, C ertification procedures for pr oducts and parts, Subpart H

— Airworthiness Certificates , and any associated noise certification and testing requirements of part 36, is

not necessary.

The Basis for Our Decision

You have requested to use a UAS for aerial data collection

. The FAA has issued grants of exemption in circumstances similar in all material respects to those presented in your petition. In Grants of Exemption No s

. 11062 to Astraeus Aerial ( see Docket No. FAA−2014−0352), 11109 to Clayco, Inc. ( see Docket No. FAA

− 20 14

− 0507), 11112 to VDOS Global, LLC ( see Docket No. FAA−2014−0382), and 11213 to Aeryon Lab s , Inc. ( see Docket No. FAA−2014−0642), the FAA found that the enhanced safety achieved using an unmanned aircraft (UA) with the specifications described by the peti tioner and carrying no passengers or crew, rather than a manned aircraft of significantly greater proportions, carrying crew in addition to flammable fuel, gives the FAA good cause to find that the UAS operation enabled by this exemption is in the public i nterest.

Having reviewed your reasons for requesting an exemption, I find that

—

 They are similar in all material respects to relief previously requested in Grant of Exemption Nos. 11062, 11109, 11112, and 11213 ;

 The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and

11213 also apply to the situation you present; and

 A grant of exemption is in the public interest.

Our Decision

In consideration of the foregoing, I find that a grant of exemption is in the public interest. Therefore, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701, delegated to me by the Administrator, Aerial Scout Ag Ops Support, LLC is granted an exemption from 14 CFR §§ 61.23(a) and ( c ), 61.1 01(e)(4 ) and (5), 61.113(a), 61.315(a)

, 91.7(a), 91.119(c), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b), to the extent necessary to allow the petitioner to operate a UAS to perform

aerial data collection

. This exemption is subject to the conditions and limitations listed

below.

Conditions and Limitations

In this grant of exemption, Aerial Scout Ag Ops Support, LLC is hereafter referred to as

the operator.3

Failure to comply with any of the conditions and limitations of this grant of exemption will be grounds for the immediate suspension or rescission of this exemption.

1. 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

.

2. Operations for the purpose of closed

- set motion picture and television filming are

not permitted.

3. The 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 operat ing airspeed recommended by the

aircraft manufacturer.

4. 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.

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 or

U.S. driver’s license.

6. All operations must utilize a visual observe r (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 ver bally at all times ;

e lectronic 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 pe rform the duties required of the VO.

7. This exemption 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 do cuments. 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 the4

operat or’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 amendmen t 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 FA A’s UAS Integration Office (AFS− 80) may be contacted if questions arise regarding updates or revisions to the operating documents.

8. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g.

, replacement of a flight cri tical 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.

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is in a condition for safe operation.

10. 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.

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

aircraft components.

12. Each UAS operated under this exemption must comply with all manufacturer safety bulletins.

13. 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 Col u mbia, Puerto Rico, a territory, a po ssession, or the Federal

G overnment. The PIC must also meet the flight revi ew requirements specified in

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

14. 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 and5

maintaining appropriate distances from persons, vessels, vehicles and structure s. 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 (traini ng, proficiency, and experience

- building) and determining the PIC’s abili ty 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

trai ni ng, 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.

15. UAS oper ations 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.

16. The UA may not operate within 5 nau tical 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 symbo l as denoted on the current

FAA

- published aeronautical chart, unless a le tter 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.

17. 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.

18. If the UAS loses communications or loses its GPS sign al, the UA must return to a

pre

- determined location within the pr ivate or controlled

- access property.

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

20. 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 5 minutes or with the reserve power recommended by the manufacturer if greater.

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All operations shall be cond ucted 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 CO A

.

22. All aircraft operated in accordance with this exemption must be identified by serial number, registered in accordance with 14 CFR part 47, and have identification6

(N− Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must

be as la rge as practicable.

23. 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.

24. The UA must remain clear a nd give way to all manned aviation operations and

activities at all times.

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

26. All Flight operations must be conducted at least 500 feet from all nonparticipating persons, vessels, v ehicles, 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 in a manner ensuring the safety of nonparticipating persons ; and

b. 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 t rainees or essential persons are not considered nonparticipating persons under this exemption.

27. All operations shall be conducted over private or control led

- access property with permission from the property owner/controller or authorized representative.

P ermission from property owner/controller or authorized representative will be obtained for each flight to be conducted.

28. 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 FA A'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

.

If this exemption permits operations for the purpose of closed

- set motion picture and television filming and production, the following additional conditions and limitations apply.7

29. The operator must have a motion picture and television operations manual (MPTOM) as documented in this grant of exemption.

30. At least 3 days before aerial filming, the operator of the UAS affected by this exemption must submit a written Plan of Activities to the local Flight Standards District Office (FSDO) with jurisdiction over the a rea of proposed filming. The 3

- day notification may be waived with the concurrence of the FSDO. The plan of activities must include at least the following:

a. Dates and times for all flights;

b. Name and phone number of the operator for the UAS aerial filming conducted under this grant of exemption;

c. Name and phone number of th e person responsible for the on

- scene operation of the UAS;

d. Make, model, and serial or N− Number of UAS to be used;

e. Name and certificate number of UAS PICs invol ved in the aerial filming;

f. A statement that the operator has obtained permission from property owners and/or local officials to conduct the filming production event; the list of those who gave permission must be made available to the inspector upon request ;

g. Signature of exemption holder or representative; and

h. A description of the flight activity, including maps or diagrams of any area, city, town, county, and/or state over which filming will be conducted and the altitudes essential to accomplish the operati on.

31. Flight operations may be conducted closer than 500 feet from participating persons consenting to be involved and necessary for the filming production, as specified in the exemption holder’s MPTOM.

Unless otherwise specified in this grant of exemption , the UAS, the UAS PIC, and the UAS operations must comply with all applicable parts of 14 CFR including, but not limited to,

parts 45, 47, 61, and 91.8

This exemption terminates on May 31, 2017 , unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan Director, Flight Standards Service

EnclosuresAerial Scout Ag Ops Support, LLC

379 West Market Street, Suite A Salinas, California 93903

831

- 205

- 1806

March 12th

, 2015

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

Re: Exemption Reque st Under Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations

Dear Madam, Sir,

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”)
and 14 C.F.R. Part 11

, Ae rial Scout Ag . Ops. Support, L LC. (ASA O S ), a remote sensing

company , an d operator of the eBee Unmanned Aircraft System (“eBee”) seeks an exemption from the Federal Aviation Regulations (“FARs”) listed below:

 14 C.F.R. 21

 14 C.F.R. 45.23

 14 C.F.R

. 45.29

 14 C.F.R. 61.3

 14 C.F.R. 61.113( a)&(b)

 14 C.F.R. 61.133(a)

 14 C.F.R. 91.7(b)

 14 C.F.R. 91.9(b)(2)

 14 C.F.R. 91.109(a)

 14 C.F.R. 91.119

 14 C.F.R. 91.151(a)

 14 C.F.R. 91.203(a) & (b)

 14 CFR Subpart E (91.401

- 91.417)

The requested exemption would authorize commercial operations using the eBee for precision agriculture and remote sensing by AS A OS in the United States. These operations will be subject to strict operating requirements defined in the eBee user manual

. ASA O S requests the FAA treat the eBee training program as proprietary unde r 14 C.F.R. 11.35(b) and does not include this document in the public docket and conditions defined by the Safety Code of the Academy of Model Aeronautics (see Annex B), in order to ensure at least an equivalent level of safety to currently authorized oper ations using manned aircrafts.

A S A O S, LLC is a precision agriculture and remote sensing company with operations in

California and Arizona

. ASA O S was founded to enhance crop management and food safety verification capabilities of agricultur al producers by providing on

- demand advanced imagery and data analytics using unmanned aircraft systems (UAS)

. ASA O S is committed to providinginnovative products and dependable service to help its clients excel in their agricultural

production and food safety operation s

.

Unmanned A erial Vehicle (UAV) technology

, and its associated data

, is becoming a desirable

deliverable within the agriculture industry

. As client requirements continue to evolve, traditional crop management techniques , available imagery, and field mod els lack the resolution and

accu racy necessary for elite crop planning, crop management, food safety

, quality , a nd plant

health identification

.

UAV collected data allows a consultant to review the ranch area (s) of interest with greater accuracy, resolut ion and efficiency to better aid client s with production d esign , predictive crop yields, overall water use reduction, pest control and nutritional inputs, and food safety hazard analysis and risk assessments

. Of more importance

, is that the unmanned aspect reduces the risk of placing employees in perilous environments.

Given the technical specifications of the eBee and the rural, sparsely populate d environments of

the workspace, ASA O S believes it is relevant to use the Academy of Model Aeronautics (AMA)

ru les to meet the required level of safety of future eBee operations. The AMA has a proven track record in supervising operations conducted by operators using remote controlled aircrafts and provides the most relevant expertise in terms of providing safety g uidelines for operators using

ultra

- light remote controlled aircraft.

The eBee will be operated by an individual who fulfill s the following requirements:

 Has successfully passed a manufacturer’s (senseFly) training program for the eBee

. ASAOS requests th e FAA treat the eBee training program as proprietary under 14 C.F.R. 11.35(b) and does not include this document in the public docket.

 Is a registered member of the AMA.

 Has a valid driver’s license

.

 In addition to the eBee operator, ASAOS will have a s econd person on site to act as a spotter in order identify other aircraf t and objects in the airspace during the flight.

1. CHARACTERISTICS OF THE AIRCRAFT

The eBee is a small (37.8 inches wingspan) and ultra

- light (maximum take

- off weight of 1.7

po und s) platform made of flexible

- foam that performs pre

- programmed aerial mapping missions
with an on

- board GPS , and a related flight

- management software (eMotion)

. eMotion allows the operator to safely and efficiently plan a flight in 2D or 3D , and then monit or the mission in real

time. Thanks to the embedded camera, protected by a foam envelope, the eBee takes a collection of high

- definition still images used to generate dynamic maps and contour lines of the targeted
terrain.

The four main characteristics of the eBee are:

a. Very light weightThe eBee is so light that the operator can launch it by hand and let it land on almost any surface

without requiring a parach ute or landing net (belly land). Its low impact energy ( 38 J in case of a controlled emerge ncy 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 i s 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 artifi cial 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 Man ual 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 ai rcraft should it become necessary to respond to emergen cy circumstances, thanks to the remote controller provided with the system.

2. APPLICATIONS

ASA O S intends to plan and implement an aerial data collection program using precision agriculture and remo te sensing techniques

, and senseFly’s eBee in order to assist clients with production design, predictive crop yields, overall water use reduction, pest control and nutritional inputs management , and food safety hazard analysis and risk assessments.

Using the eBee’s sensor technology, ASA O S will collect time

- specific imagery and elevation information. Once the entire terrain of interest is flown, images collected during the flight will be merged together in a software program to make a complete photographic and terrain project map. Using specific algorithms within the Post

- flight Terra 3D software, project field conditions, terrain characteristics and potential vegetation deficiencies can be easily identified.

The eBee will be used to evaluate generated inf ormation to includ e, but not be limited to:

 Vegetation stress management

 Leaf area index

 Terrain modeling

 Growth monitoring

 Weed detection

 Tree clas s ification

 Drainage planning

 Water use reductionPresent ly

, agricultural advisors provide their clients wit h information based on a limited

perspective and their recommendations subsequently become limited by the lack of high

resolution information available. The most readily available information either lacks the required detail, or was captured during a time period that is not relevant to the expected field operation

schedule. The objective of this technology is to help growers eliminate guesswork and create efficiencies by using real

- time, aerial imagery to study time

- specific field conditions and

utiliz ing terrain models to evaluate and assess field resources , and develop mitigation measures
for the over use of water and agricultural inputs, t he improvement of plant health, and crop yields.

 Annex C describes applications and reasoning in more detail. ASAOS r equests the FAA treat the eBee training program and Annex C as proprietary under 14 C.F.R. 11.35(b) and not include this document in the public docket.

UAV technology offers a substantial economic benefit to agriculture

. The eBee permit s ASA O S

the abilit y to proactively identify areas of concern within a crop before becoming detectable by the human eye . The ter

rain data w ill allow clients to tailor irrigation design s to field conditions

, and mitigate potential areas of risk to productivity. This technolog y is cost effective and provides a platform for greater efficienc y by properly irrigating crops , reduc ing water use, electrical energy consumption, less vehicle use and gasoline consumption, and permits the opportunity for

ranch employee s to be creative wi th other operational activities

.

UAV technology will immediately enhance food safety and quality of agricultural crops and in the future will provide additional opportunities for greater refinement of information as visual technology and data collection programs improve. Present UAV technology will improve food safety and quality as follows:

 Food Safety hazard analysis completed prior to purchasing or leasing a ranch for agricultural production

 Food safety risk assessments completed prior to planting a crop to determine potential

routes of contamination

 Determine if animal intrusion into crop areas and possible risk of food safety

contamination

 Determine if animal feeding in c rop areas and possible risk of food safety contamination

 Food safety risk asses sments completed prior to the anticipated harvest of crops to

determine any new source(s) of possible contamination

 Determine density of nearby animal populations and their possible food safety risk to

crop areas.

 Increas ing quality of crops through the be tter management of nutritional inputs

 Increas ing quality of crops through the better management of pesticide applications

 Increasing quality of crops by determining soil differences and levels prior to planting

crops

 Increasing quality of crops by preve nting over and under watering of cropsAt least two companies have received approval from the FAA to perform similar operations.

Advanced Aviation Solutions and Viafield are currently approved in the United States to perform similar operations with UAV equipment. ASAOS wishes to remain competitive and current

within the agricultural service arena. Implementing UAV tec hnology will improve services presently being offered to agricultural clients, increase efficienc ies

, and add another dimension to

the ro le of quality and food safety on the farm

.

3. APPLICABLE LEGAL STANDARD UNDER SECTION 333

a. Airworthiness assessment of the eBee

ASA O S notes that the airworthiness of the eBee has already been demonstrated for different projects in the United States

. T hese involved state/federal agencies or universities (among others

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

- uas

flight

- test

- center

- conducts

- ebee

- airworthiness

- 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, ASA O S notes that s enseFly 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 approv al for VLOS operations)

 Denmark (flight approval for VLOS operations)

b. Operating requirements

Grant of the exemption to ASA O S for the eBee will be subject to the following operating conditions, based on the operating conditions set forth by the Academy of Model Aeronautics (see Annex B). The main restrictions are summarized below:

 Operations to be conducted over private, controlled

- access, or public property where approved with p ermission from the land owner/authority required before commencing any
fli ght ;

 Operations over congested areas shall be avoided;

 Operations must not interfere with manned aircraft operations, must yield the right of way
to manned a ircraft, and operators must See & Avoid other aircraft and obstacles at all
times ;

 Operations limit ed to Visual Flight Rules Meteorological Conditions (VMC) and daylight
hours ;

 Aircraft operations must remain within Visual Line of Sight (VLOS) and will be visually monitored at all times;

 Visual Line of Sight operations guaranteed with a GPS geo

- fence ar ound operator of 0. 5miles ;

 Flight ceiling pre

- programed at or below 400 feet;

 A ll operations conducted within five miles from an airport shall only be initiated after verbal coordination with the airport authority, or air traffic control when a control t ower is present at the airport;

 All operations shall comply with required permissions and permits established by territorial, state, county or city jurisdictions; including local law enforcement, fire, or other appropriate governmental agencies.

 The eBee o perations will be compliant with existing safety procedures inherent to the activities of the related company.

A large percentage of project locations serviced by ASA O S are in isolated, rural, nonresidential

areas. Before an area is flown, ASA O S will req uest written permission from each property owner. Residents within the vicinity of each project area will also be notified and educated on the purpose of the flight. With the geo

- fence incorporated within the flight management software,
ASA O S will avoid fl ying over houses and yards as much as reasonably possible. The flight ceiling will be pre

- programmed no higher than 400 feet to ensure the aircraft will not fly over the height specified by the AMA. By staying below this level, the eBee should not interfer e with manned aircraft operations.

ASA O S takes pride in providing a safe workin g environment for its members and currently has excellent safety procedures in plac e, as well as an outstanding safety director within the company.

c. Operator Requirements

T he eBee is an ultra

- light UAV platform made of flexible foam with no sh arp or hard edges characterized by a high level of pre

- programmed controls and various technical capabilities (programming of a geo

- fence, automatic wind detection) that prevent s the op erator from beginning a flight 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 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 Syst em (emergency landing procedure, triggered by the autopilot or the operator in charge

. G iven 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 these safety features recognized by the U.S. Army Corps of Engineers and the national aviation authority of several coun tries, ASAOS 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. Instead, operators of the eBee will:

 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 SenseFly’s training program for opera tion of the UAS. The manufacturer’s training program for operators has a lready been satisfactorily reviewed through the Application for Airworthiness Qualification Level (AQL) 3 Airworthiness Release(AWR).

 In addition to the eBee operator, ASAOS will als o have another person on site to spot and identify other aircraft and objects in the nearby airspace.

ASA O S also seeks an exemption from certain requirements in Parts 45 and 91 that are impractical as well as unnecessary for UAS operations. Please see An nex A for a detailed explanation of each regulation from which an exemption is sought and the equivalent level of safety showing.

3. CONCLUSION

ASA O S , in association with senseFly and the Academy of Model Aeronautics organization, who
ha ve a deep and well

- known level of experience in terms of safe integration of remote controlled
aircrafts in the National A irspace for low

- level operations, provides here adequate justification for the grant of the requested exemption allowing safe precision agriculture operations of the eBee in the National Airspace System.

The eBee will bring an added dimension of data accuracy to agriculture . It would produce several efficiency and production benefits to farming operations

, allow ASA O S to provide the ir

clients with o utstanding service value, and whose ultimate objective is to help them manage their operations with a higher degree of information. The demand for improved accurate data that

creates opportunities for efficiencies, reductions in the consumption of water a nd energy, while reducing food safety risks and improving quality will continue to increase as the benefits of this technology become known to agriculture. The safe integration of the eBee system will greatly

benefit agriculture economically and profession ally.

ASA O S offers in this Exemption a pragmatic approach to allow the efficient operation of ultra

light UAVs pursuant to FAA, AMA, and senseFly safety requirements and conditions.

S incerely,

H Walt Armijo Aerial Scout Ag Ops Support, LLC
PresidentANNEX A: EXEMPTION REQUEST AND EQUIVALENT LEVEL OF SAFETY

SHOWINGS UNDER APPLICABLE RULES SUBJECT TO EXEMPTION

ASAS 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 proced ural requirements for the issuance of airworthiness certificates as required by FAR § 91.203(a). Given the size of the eBee, its very light weight (the maximum take

- off weight is 1.7 pounds) and the limited operating area associated with its utilization, i t 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 o f 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 proximi ty 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, t han a conventional aircraft with an airworthiness certificate. A proprietary risk assessment for operations with the eBee, which demonstrates that assertion, is also being submitted to the FAA as part of this application. ASAOS requests the FAA
treat the e Bee risk assessment as proprietary under 14 C.F.R. 11.35(b) and not include this document in the public docket.

14 C.F.R. § 45.23 & 14 C.F.R. § 45.29: Display of marks; size of marks

These regulations provide that each aircraft must display "N" and the aircraft's registration number in letters at least 3 inches high. Additionally, the aircraft must display the word "EXPERIMENTAL" in letters at least 2 inches high near the entrance to the cabin, cockpit, or pilot station.

Given the size of the eBee (w ingspan of 37.8 inches), this requirement is impossible to match.

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 P ilot 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 b y that country may be used.

The regulation provides also that no person that holds a private pilot certificate may act as pilot incommand of an aircraft for compensation or hire. Subparagraph (b) allows a private pilot to act as

pilot in command of an a ircraft 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.

Given the safety features of the eBee and the f act that the missions are pre

- programmed and
monitored in real

- time with a specific flight management software (eMotion), SenseFly proposes that operators of the eBee should not be required to hold a commercial pilot certification. Instead, operators shou ld be required to:

Have successfully passed a manufacturer’s training program for the eBee , and also has a spotter on site to identify objects in the airspace.

14 C.F.R. § 91.7(a): Civil aircraft airworthiness

This regulation requires that no person ma y operate a civil aircraft unless it is in airworthy
condition. Should the exemption be granted allowing commercial operation of the eBee without

an airworthiness certificate, no standard will exist for airworthiness of the eBee. Given the size of
the air craft and the previous airworthiness assessments given to the eBee, among others:

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

uas

- flight

- test

- center

- 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 lev ee 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 prior to each flight.

14 C. F.R. § 91.9: Civil aircraft flight manual, marking, and placard requirements.

This regulation provides that no person may operate an aircraft unless a current, approved flight

m anual is in the aircraft

. ASA O S assumes that the intent of this requirement is to ensure that flight manual information is available to the aircrew while operating the aircraft. ASA O S requests an exemption to this requirement since the aircraft is not only too small to carry documentation,
the documentation would not be available to the crew.

The equivalent level of safety will be achieved by keeping a hard copy of the flight manual in the eBee transportation box.

14 C.F.R. § 91.109(a) & 91.319(a)(1): Flight Instruction

The regulation provides that "No person may operate a civil aircraft that is being used for flight
instruction unless that aircraft has fully functioning dual controls."

Flight instruction will be accomplished through an elaborated training program, using first the simulation mode of the flight management softwar e eMotion. The equivalent level of safety during the training will be achieved by the manufacturer or authorized distributor providing thetraining and through the use of experienced and qualified operators familiar with the eBee.

14 CFR § 91.119: Minimum Safe Altitudes

The regulation provides that over sparsely populated areas the aircraft cannot be operated closer than 500 feet to any person, vessel, vehicle, or structure. Since the aircraft will be operating at a maximum of 400 feet AGL, the eBee canno t comply with this requirement.

The equivalent level of safety will be achieved because the eBee will only fly over private property with the permission of the landowner. The operator will define before every flight a working area radius and a flight area ceiling, preventing the eBee to go beyond the flight area. The landowner and the persons who may be on the ground in the flight area will be briefed of the expected route of flight and the associated risks to persons and property on the ground. Due to the small size of the eBee and the material with which the eBee is built, the hazard to persons, vessels, vehicles, and structures is no t comparable to manned aircraft and should be considered in granting the exemption.

Moreover, the aircraft will not be op erated over congested areas nor over any open

- air assembly of persons. The aircraft will be operated at an altitude allowing, if a power unit fails, an emergency landing without undue hazard to persons or property on the surface.

14 CFR 91.121

– Altimeter settings

This section requires that each person operating an aircraft shall maintain the cruising altitude or flight level of that aircraft, as the case may be, by reference to an altimeter that is set, when operating below 18,000 feet MSL to:

 The curre nt reported altimeter setting of a station along the route and within 100 nautical miles of the aircraft;

 If there is no station within the area prescribed in paragraph (a)(1)(i) of this section, the current reported altimeter setting of an appropriate ava ilable station;

 In the case of an aircraft not equipped with a radio, the elevation of the departure airport or an appropriate altimeter setting available before departure.

To provide an equivalent level of safety, the eBee autopilot calculates the refere nce altitude (ground level) with the on

- board GPS during the pre

- flight tests. The GPS and barometer data are merged with respect to their respective precisions. The GPS provides reliable information to correct potential barometric bias, while rapid variat ions in altitude are detected through the barometer. Hence, barometric bias induced by environmental factors is rejected.

14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions

The regulation provides that no person may begin a flight in a n airplane under day

- VFR conditions unless there is enough fuel to fly to the first point of intended landing and to fly after
that for at least 30 minutes.

Given the area of operation for the eBee, ASA O S believes that an equivalent level of safety is
alr eady achieved with the specific procedure preventing the eBee to accept a take

- off order is the battery level is below a given value. Moreover, SenseFly has integrated “low” and “critical” battery level warnings and implemented a “return to Home” (and “Go Land”) actions in these
situations.14 C.F.R. § 91.203 (a) & (b): Carrying Civil Aircraft Certification and Registration

This regulation provides as follows:

 No person may operate a civil aircraft unless it has an appropriate and current
airworthiness c ertificate.

 No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) of this section or a special flight authorization issued under §91.715 is displayed at the cabin or cockpit entrance so that it is legible to passengers or crew.

The eBee weighs only 1.7 pounds (max take

- off weight). As such, there is no ability or place to carry certification and registration documents or to display them on the UAS. In addition, there is no pilot or passengers on board the air craft.

To obtain an equivalent level of safety and meet the intent of 91.203, ASA O S propose that documents deemed appropriate for this aircraft by the FAA will be co

- located with the operator at the ground control station in the eBee box and available for inspection upon request

14 CFR Subpart E (91.401

- 91.417)

- Maintenance, Preventive Maintenance, and

Alterations

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

o f 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 aircraf t for return to service.

ASAS proposes that the maintenance of the eBee will be accomplished by the owner/operator according to the maintenance manual, provided by SenseFly. ASAOS requests the FAA treat the eBee training program as proprietary under 14 C .F.R. 11.35(b) and not include this document in the public docket.

An equivalent level of safety will be achieved because the eBee is small in size, it is not a complex mechanical device, it will carry no external payload, and it will operate only in rest ricted 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 fligh t 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 al ways airworthy
when a mission is initiated.

ANNEX B: ACADEMY OF MODEL AERONAUTICS SAFETY REQUIREMENTS

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

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

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

ANNE X C: eBee AND SENSEFLY DOCUMENTATION, PROPRIETARY DOCUMENT

See confidential emai l attachment referencing this petition filing and comment number.