February 3, 2016

U.S. Department of Transportation, Docket Operations

West Building Group Floor, Room W12-140

1200 New Jersey Avenue, SE

Washington, DC 20590

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

Regulation

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”) and 14 

C.F.C. Part 11, Environmental Restoration Group, Inc. (ERG), an operator of the UAVAmerica Eagle 

XF, 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. 61.133(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)

Appendix A discusses each rule listed above and explains why exemptions pursuant to the proposal set 

forth in this letter are appropriate, provide an equivalent level of safety, and are in the public interest.

The Eagle XF will be operated by an individual who fulfills the following requirements:

 Has successfully passed a manufacturer’s training program for the Eagle XF

 Has a private pilot license

The name and address of the applicant are: 

Environmental Restoration Group, Inc. 

Phone: 505-298-4224

Fax: 505-797-1404

8809 Washington St. NE STE 150

Albuquerque, NM. 87113
The primary contact for this application is:

Tyler Alecksen, TylerAlecksen@ERGOffice.com

1. APPLICATIONS

The requested exemption would permit ERG commercial operation of a UAVAmerica Eagle XF (see 

details in Section 2), which weighs 14 lbs. with instrumentation payload, to perform radiological 

measurements of ground surfaces taken by onboard sensors. The radiation measurements, when combined 

with the unmanned aircraft systems’ (UAS’s) GPS coordinate, will provide contour maps of radiological 

levels for the surveyed area. Applications for these UASs include radiological surveying of areas 

inaccessible by ground terrain vehicles, and inspection of radiation levels in areas prior to human 

vacancy. Use of the Eagle XF for these inspection and surveying applications reduces the need to operate 

conventional aircraft and ground vehicles, providing data more quickly and safely, and with reduced 

environmental impact on ground soil and vegetation. 

Operations under the exemption will be subject to strict operating requirements and conditions to ensure 

at least an equivalent level of safety to currently authorized operations using manned aircraft and under 

conditions as may be modified by the FAA as required by Section 333. 

The requested exemption would authorize ERG to perform commercial operations of radiological

inspections and surveys using the Eagle XF, which at 14 lbs. is small in size and powered electrically by 

battery. The Eagle XF will be operated under controlled conditions at low altitude in airspace that is 

limited in scope; it will have automated control features. The airspace in which the Eagle XF will operate 

will be disclosed to and approved, as needed, by the FAA in advance.

ERG respectfully submits that because this small, unmanned aerial vehicle - the Eagle XF- will be used in 

lieu of comparatively hazardous operations now conducted with ground vehicles and personnel on foot, 

the FAA can have confidence that the operations will achieve at least an equivalent level or greater level 

of safety. Approval of this exemption would thereby enhance safety and fulfill the Secretary of 

Transportation's (the FAA Administrator's) responsibilities under Section 333(c) of the Reform Act to 

"establish requirements for the safe operation of such aircraft systems in the national airspace system."

2. CHARACTERISTICS OF THE AIRCRAFT

The UAVAmerica Eagle XF includes many advanced safety features that make it a good choice for 

operation in non-urban environments. Detectable faults include: loss of communication; and low battery 

levels. In addition, the operator can create no-fly zones or maximum flight ranges and altitudes so the 

system cannot enter areas deemed unsafe or unnecessary. The system also incorporates take-off flight 

checks to ensure the system is in a good operational state prior to take-off and landing. Due to the nature 

of work being performed with the UAS, flights will primarily be performed in desolate and controlled 

environments, far from populated areas and structures. In addition, the being performed will require that 

the UAS maintain a relatively close proximity to the ground surface (typically no more than 5 meters)

during surveying.

The Eagle XF platform is made of lightweight foam-filled carbon fiber and contains an advanced flight 

controller (3DR Pixhawk w/ APM:Copter 3.4.1) that communicates wirelessly to a flight management 

software that allows the operator to plan safely and efficiently a flight mission, and then monitor it in real-
time. In addition to the flight controller, the XF will contain the necessary radiological instrumentation to 

relay gamma measurements to the controller computer that will later be used to generate maps and 

contour lines of the surveyed area.

Physical Characteristics

Diameter (AV without propellers installed): 43.5 in. 

Diameter (from propeller tip to propeller tip): 71 in. 

Height: 6.25 + 16” retractable gear

Standard Empty Weight: 10.5 lbs. 

Battery Weight: 8.5 lbs. 

Maximum Payload Weight: 7.5lbs. 

Maximum Takeoff/Landing Weight: 26.5 lbs.

Propulsion System

Propulsion: Electric, Multi-Rotor 

Number of Motors: 4 

Motor Manufacturer: KDE Direct 

Motor Model: 7208 

RPM/Volt: 110 KV 

Propeller Manufacturer: KDE Direct 

Propeller Model: 27.5x8.9 (2 or 3 blade) 

Propeller Type: Folding foam filled carbon fiber

Performance Characteristics

Typical Altitude for Operations: 40 to 400 AGL 

Recommended Minimum Altitude for Extended Operations: 200’ AGL 

Transit Speed: 30 KTS 

Endurance: 40-65 minutes

Landing style/type: Autonomous vertical lift

Maximum Winds for Operations: 15 KTS (measured at ground level) 

Temperature Limitations for Operations: 20 to 102°F (measured at ground level) 

Precipitation: Light fog and snow OK. 

Icing: Flight into known icing conditions is prohibited

Maintenance

Checks which cannot be done by the system will be performed by a qualified person prior to each flight.

Pre-flight checklist will include, at minimum:

 Visual inspection of the airframe

 Visual inspection of the rotor integrity

 Check charge of all batteries (aerial vehicle, command station, radio repeater station)
 All payload system connections and component checks.

Reliability

The system is designed for maximum reliability and to maintain performance over its life. The only 

components experience routine wear are rotors, batteries, motors, and legs. Battery and motor conditions 

are monitored by the system with deviations reported to the operator. Contact with other objects during 

flight may cause other components, particularly rotors, and motor arms, to become damaged and may 

cause a flight system failure. Damaged components are likely to be detected during the full visual 

inspection of the airframe performed before each flight.

The UAV system detects numerous conditions which may make flying unsafe, such as reduced GPS 

accuracy, magnetic anomalies, low battery charge, battery cell imbalances, and temperature fluctuations. 

Degradation or loss of communications (Data Link) between the UAS may initiate a failsafe action of 

Return to Home, where the helicopter would return to its point of take-off at its current altitude and then 

land or an Auto-land where the helicopter will descend at a controlled rate at its current position. For the 

failsafe action of Return Home the UAS must be in GPS Position hold, if not in GPS Position Hold the 

UAS will default to Autoland. In the event during a Return to Home initiation the helicopter senses a low 

battery the helicopter will default to the Auto-land process.

Onboard Flight Instruments

The UAV is equipped with an Inertial Navigation System (3 axis gyroscope, 3 axis magnetometer, 3 axis 

accelerometers, GPS receiver, barometric pressure sensor and GPS module.

Onboard Guidance and Navigation Equipment

The UAS can operate semi autonomously or autonomously; before autonomous flight is allowed to be 

executed the Pilot in Command must initiate and complete the takeoff sequence then place the helicopter 

in GPS Mode. In the event GPS satellite coverage is not sufficient or degrades, the Pilot in Command can 

immediately take control with Manual flight.

Frequency Allocations

900 MHz, 2.4 GHz, 5.8 GHz

Sensor Failure - Failure of onboard flight instruments/sensors will degrade the UAS performance and 

will result in either a fatal critical response or a non-fatal critical response, depending on the nature and 

severity. If the UAS becomes unstable due to sensor failure, this may result in loss of performance or 

features but still allow for stable Pilot in Command flight, an automated landing or in extreme cases a 

fatal response.

Motor Failure - This will cause a fatal response in the UAS flight performance if one or more motors 

fails.

Airframe Failure - Depending on the nature and severity, this may result in decreased flight performance 

or a fatal response.
Navigation System Failure - In a navigation system failure, degraded GPS will result in a response 

warning to the pilot where-by the system would be flown in manual mode. This will result in degraded 

GPS position performance, manual Pilot in Command flight will not be effected.

Power Failure - A complete battery failure which results in power loss to the UAS will result in a fatal 

response.

Low Battery Condition - Operator will be alerted of a low battery condition and will land the UAS as 

soon as able.

Critical Battery Condition - Operator will be alerted of a Critical low battery condition and will land the 

UAS as soon as able, the UAS will begin to descend at a controlled rate.

Line of Sight Loss - All flight operations will be conducted with the UAS within visual sight of the pilot. 

If the pilot's view becomes obstructed and line of sight is lost, the pilot may instruct the UAS to hover in 

place until line of sight is re-established, to return to takeoff position, or to land at the current position.

3. THE APPLICABLE LEGAL STANDARD UNDER SECTION 333

a. Airworthiness assessment of the Eagle XF

ERG notes that the airworthiness of the Eagle XF has already been demonstrated by the manufacturer 

based on hundreds of hours of demonstration and testing.

b. Operating requirements

Grant of the exemption to ERG for the Eagle XF will be subject to the following operating conditions, 

based on the operating conditions set forth by the Academy of Model Aeronautics. The main restrictions 

are summarized below:

 Operations to be conducted over private, controlled-access, or public property where approved;

 Permission from the land owner/authority required before commencing any flight;

 Operations over congested areas shall be avoided;

 Operations must not interfere with manned aircraft operations, must yield the right of way to manned 

aircraft, and operators must See & Avoid other aircraft and obstacles at all times;

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

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

at all times;

 VLOS guaranteed with a GPS geo-fence around operator of 0.5 miles;

 Flight ceiling pre-programed at 400 feet;
 All operations conducted within 5 miles from an airport shall only be initiated after verbal

coordination with the airport authority, or air traffic control when a control tower is present at the 

airport;

 All operations shall comply with required permissions and permits established by territorial, state, 

county or city jurisdictions; including local law enforcement, fire, or other appropriate governmental 

agencies. The eBee operations will be compliant with existing safety procedures inherent to the 

activities of the related company.

c. Operator Requirements

The eBee operator will have a Private Pilot license.

4. CONCLUSION

By allowing radiological surveys to be performed in an aerial manner, the risks associated with uneven 

terrain, high radiological areas, and disruption of plant-life and soil when performed with land vehicles 

and on-foot will be eliminated. ERG will have the ability to collect crucial data in a much safer manner 

and in a fraction of the time that would be consumed in a ground-based effort. In addition, the cost to 

purchase and maintain the UAVAmerica Eagle XF is nominal in comparison to traditional manned air 

vehicles for performing similar radiological surveys. All of these factors prove to be a huge benefit to the 

consumer, especially in the case of cliental safety.

Yours sincerely, 

Tyler J. Alecksen

Environmental Restoration Group, Inc.
APPENDIX A

EXEMPTION REQUEST AND EQUIVALENT LEVEL OF SAFETY SHOWINGS UNDER 

APPLICABLE RULES SUBJECT TO EXEMPTION

ERG requests an exemption from the following regulations as well as any additional regulations that may 

technically apply to the operation of the Eagle XF: 

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 

14 CFR § 91.203(a)(1) 

Section 91.203(a)(1) 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)(1). Given the size of the Eagle XF 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 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. 

In this case, an analysis of these different criteria demonstrates that the Eagle XF 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 risk assessment for operations with the 

Eagle XF, which demonstrates that assertion, was submitted as part of this application. 

The Eagle weighs less than 15 pounds. It is made of light-weight foam filled carbon fiber, does not carry 

a pilot or passenger, does not carry flammable fuel, and will operate exclusively within an area predisclosed and in compliance with conditions set forth herein. Operations under this exemption will be 

tightly controlled and monitored by the operator through the constant communication link between the 

Eagle XF and the ground station. Moreover, a geo-fence and a flight ceiling will be defined by the 

operator before each flight to make sure the Eagle XF will not go beyond the defined flight envelop. 

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. 

The Eagle XF have no entrance to the cabin, cockpit, or pilot station on which the markings can be 

placed. Given the size of the Eagle XF and available surface area, two inch lettering will be impossible.

UAVAmerica systems are currently marked with a fixed label measuring containing UAVAmerica’s logo 

as well as a UAVAmerica serial number located on the airframe deck plate next to the flight battery 

insertion point. UAVAmerica is prepared to mark the inspection system with the name of the organization 

and location or origin and fulfill any other request by the FAA to this topic in accordance to§ 45.29(f) 

where the pilot, observer, and others working with the UAS will see the identification of the UAS.

Moreover, each operator will display at the ground station a high contrast flag or banner that contains the 

words "Unmanned Aircraft System Ground Station" in letters 3 inches high or greater. Since the aircraft 
will operate within 1/2 NM of the ground station, the banner should be visible to anyone that observes the 

aircraft and chooses to investigate its point of origin. 

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

This regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. 

Should the exemption be granted allowing commercial operation of the Eagle XF without an 

airworthiness certificate, no standard will exist for airworthiness of the Eagle XF. Given the size of the 

aircraft and extensive hours logged in testing by the manufacturer an equivalent level of safety will be 

achieved by insuring compliance with the Eagle XF manuals prior to each flight as well as proper training 

in accordance with the manufacturer. 

14 C.F.R. § 91.9(b)(2): Civil aircraft flight manual, marking, and placard requirements. 

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

in the aircraft. We assume that the intent of this requirement is to ensure that flight manual information is 

available to the aircrew while operating the aircraft. We request 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 Eagle 

XF 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 software. The equivalent level of safety during the training will be 

achieved by the manufacturer providing the training as outlined in Section 2 and through the use of 

experienced and qualified operators familiar with the Eagle XF. 

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 Eagle XF cannot comply with this requirement. 

The equivalent level of safety will be achieved because the Eagle XF will only fly over private property 

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

ceiling before every flight, preventing the Eagle XF 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 Eagle XF and the 

material with which the Eagle XF 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, due to the type of work performed by the UAS, the aircraft will not be operated over congested 

areas nor over any open-air assembly of persons and will primarily be operated at only a few meters off 

the ground surface. The aircraft will be operated at an altitude allowing, if a power unit fails, an 

emergency landing without undue hazard to persons or property on the surface. 
14 CFR 91.121 – Altimeter settings 

This section requires that each person operating an aircraft shall maintain the cruising altitude or flight 

level of that aircraft, as the case may be, by reference to an altimeter that is set, when operating below 

18,000 feet MSL to: The current reported altimeter setting of a station along the route and within 100 

nautical miles of the aircraft; If there is no station within the area prescribed in paragraph (a)(1)(i) of this 

section, the current reported altimeter setting of an appropriate available station; In the case of an aircraft 

not equipped with a radio, the elevation of the departure airport or an appropriate altimeter setting 

available before departure. 

To provide an equivalent level of safety, the Eagle XF autopilot calculates the reference altitude (ground 

level) with the on-board GPS during the pre-flight tests. The GPS and barometer data are merged with 

respect to their respective precisions. The GPS provides reliable information to correct potential 

barometric bias, while rapid variations in altitude are detected through the barometer. Hence, barometric 

bias induced by environmental factors is rejected. 

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

The regulation provides that no person may begin a flight in an airplane under day-VFR conditions unless 

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

Given the area of operation for the Eagle XF, ERG believes that an equivalent level of safety is already 

achieved with the specific procedure preventing the Eagle XF to accept a take-off order is the battery 

level is below a given value. Moreover, UAVAmerica has integrated “low” and “critical” battery level 

warnings and implemented a “return to Home” (and “Go Land”) actions in these situations. 

14 C.F.R. § 91.203 (a) & (b): Carrying Civil Aircraft Certification and Registration 

This regulation provides as follows: 

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

certificate.

 No person may operate a civil aircraft unless the airworthiness certificate required by paragraph 

(a) of this section or a special flight authorization issued under §91.715 is displayed at the cabin 

or cockpit entrance so that it is legible to passengers or crew. 

The Eagle XF weighs only 15 pounds with expected payload. As such, there is no ability or place to carry 

certification and registration documents or to display them on the UAS. In addition, there is no pilot or 

passengers on board the aircraft. 

To obtain an equivalent level of safety and meet the intent of 91.203, ERG 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 Eagle XF box and available for inspection upon request. In order to identify the aircraft, 

ERG proposes that a manufacturer serial number identifier will be permanently affixed to the Eagle XF

on the upper side of the body. 

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. 

ERG proposes that the maintenance of the Eagle XF will be accomplished by the owner/operator 

according to the maintenance manual provided by UAVAmerica. An equivalent level of safety will be 

achieved because the Eagle XF is relatively small in size, it is not a complex mechanical device, and it 

will operate only in restricted predetermined and desolate 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 Eagle XF 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 Eagle XF will not be able to be switched-on and a message error is displayed on 

the main screen of the flight controller software. The operator can then refer to the maintenance manual to 

troubleshoot this issue. Several parts of the Eagle XF 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.