June 5, 2015 U.S. Department ofTransportation DocketManagement System 1200 NewJersey Ave., SE Washington, DC 20590 108 Beasley Drive Franklin, Tennessee 615-794-2275 www.wilsonpc.com

Re: Exemption Request Under Section 333 ofthe FAA Reform Act and Part 11 ofthe Federal Aviation Regulations DearMadamorSir, Pursuant to Section 333 ofthe FAA Modernization and Reform Act of2012 (the "Reform Act") and 14 C.P.R. Part 11, Wilson & Associates Engineering Surveying ("W&A"), an operator ofthe eBee Unmanned Aircraft System ("eBee") seeks an exemption from the Federal Aviation Regulations ("F ARs") listedbelow: 

## • 14 C.P.R. 21 

## • 14 C.P.R. 45.23 

## • 14 C.F.R45.29 

## • 14 C.P.R. 61.3 

## • 14 C.P.R. 61.113(a) & (b) 

## • 14 C.P.R. 91.121 

## • 14 C.P.R. 61.133(a) 

## • 14 C.P.R. 91.7(b) 

## • 14 C.P.R. 91.9(b)(2) 

## • 14 C.P.R. 91.109(a) 

## • 14 C.P.R. 91.119 

## • 14 C.P.R. 91.151(a) 

## • 14 C.P.R. 91.203(a) & (b) 

## • 14 CFR SubpartE (91.401- 91.417) Therequested exemptionwould authorize commercial operations using the eBee for mapping and survey applications. These operations will be subject to strict operating requirements defined in the eBee user manual (W&As requests the FAA treat the eBee training program as proprietary under 14 C.P.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 operations using manned aircrafts.2

The eBee will be operatedby an individual who fulfill thefollowing requirements:

• Has successfully passed a manufacturer's training program for the eBee and the written test ofthe Private Pilots License; W&A requests the FAA treat the eBee training program as proprietary under 14 C.F.R. 11.35(b) and does not include this documentin the public docket.

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 offlexible 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 safety and efficiently a mission in 3D, and thenmonitor it inreal-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 ofthe surveyed area. The four main characteristics ofthe 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 ofa controlled emergency landing) also significantly reduces the risk ofhazardous situations. Finally, the wings ofthe eBee are detachable and made offlexible 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 ofthe plane so that it can easily flex away in case ofcontactwith any object.

c. Semi-automaticflight 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 ofthe flight underthe supervisionofthe operator. d. Optionfor 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 suspend3

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automated operations and take manual control of the aircraft should it become necessary to respond emergent circumstances, thanks to theremote controllerprovided with the system.

2. APPLICATIONS The eBeewillbeused to map for topography, as-built constructionconditions andprogress, quarry and mining operations (non-congested areas), natural resources, andplant life.

3. APPLICABLE LEGAL STANDARD UNDER SECTION333

a. Airworthiness assessment ofthe eBee W&Anotes thatthe airworthiness ofthe eBeehas alreadybeendemonstratedfor different projects in the United States, involving state/federal agencies oruniversities (among others the New Mexico StateUniversity: https://newscenter.nmsu.edul Articles/view/10208/nmsu-uas-flighttest-center-conducts-ebee-airworthiness-assessment, andthe USACENew Orleans, who coordinated with theDepartmentofArmy and theFAAto obtain all authorizations required in orderto operatethe eBeeUAS). Moreover, SenseFly obtained flight approvals for the eBee (delivered by national civil aviation authorities) in manycountries, 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. Operatingrequirements Grant of the exemption to W&A for the eBee will be subject to the following operating conditions, basedonthe operating conditions set forth bythe Academy ofModel Aeronautics (see Annex B). Themainrestrictions are summarizedbelow:

• Operations to be conducted over private, controlled-access, or public property where approved; • Permissionfrom the land owner/authorityrequiredbefore commencing anyflight;4

• Operations overcongested areas shall be avoided; • Operations must not interfere with manned aircraft operations, must yield the right ofway 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 ofSight (VLOS) and will be visually monitored at all times; • VLOS guaranteedwith aGPS geo-fence around operatorof0.5 miles • Flight ceilingpre-programed at400 feet; • All operations conducted within 5 miles from an airport shall onlybe 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 cityjurisdictions; including local law enforcement, fire, orother appropriate governmental agencies; • The eBee operations will be compliant with existing safety procedures inherent to the activities ofthe related company. c. OperatorRequirements

The eBee operator will have successfullycompleted the written test ofthe Private Pilot license.

CONCLUSION W&A is a Surveying, Civil and Environmental Engineering Company, andthe use ofthe eBee's technology will make ourworkmoreprofitable, efficient, and will enableus to deliver accurate results innearreal timeto ourclients. This accuracy and time saving ability will allow the clients to make on-time decisions. The eBee is saferthanhavingW&A's employees out in thefield for specific projects, and also very safe for other aircrafts because ofthe mission specifications (below 400ft.) and eBee integrated safetyfeatures. We are prepared to modify or amend any part ofthis request to satisfy the need for an equivalent level ofsafety. We look forward to working with your office. Please contact us at any time ifyou require additional information orclarification.ANNEX A: EXEl\IIPTION REQUEST AND EQUIVALENT LEVEL OF SAFETY SHOWINGS UNDERAPPLICABLE RULES SUBJECT TOEXEMPTION 5

Wilson & Associates requests an exemption from the following regulations as well as any additional regulations thatmaytechnically applyto the operationofthe eBee: 14 C.F.R. Part21, SubpartH: Airworthiness Certificates 14 CFR § 91.203(a)(1) Section 91.203 requires all civil aircraft to have a certificate ofairworthiness. Part 21, Subpart H, entitled Airworthiness Certificates, establishes the procedural 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, it is unnecessary to go through the certificate of airworthiness process underPart 21 Subpart H in orderto achieve or exceed current safety levels. Such an exemption meets the requirements of an equivalent level of safety under Part 11 and Section 333 ofthe Reform Act. The Federal AviationAct and Section 333 ofthe Reform Actboth 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 ofthe UAS involved. An analysis ofthese 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, is also being submitted to the FAA as part ofthis application. W&A requests the FAA treat the eBee risk assessment as proprietary under 14 C.F.R. 11.35(b) and not include this document inthe publicdocket.

14 C.F.R. § 45.23 & 14 C.F.R. § 45.29: Display ofmarks; size ofmarks 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. Giventhe size ofthe eBee (wingspan of37.8 inches), this requirement is impossible to match. 14 C.F.R. § 91.7(a): Civil aircraft airworthiness6 

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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 ofthe eBee without an airworthiness certificate, no standard will exist for airworthiness ofthe eBee. Given the size of the aircraft and the previous airworthiness assessments givento the eBee, among others:

• New Mexico StateUniversity: https://newscenter.nmsu.edu/Articles/view/10208/nmsu-uasflight-test-center-conducts-ebee-airworthiness-assessment

• USACE New Orleans, who coordinated with the Department ofArmy and the FAA to obtain all authorizations required in order to operate the eBee UAS for levee system monitoring, documentation ofconstruction progress, and extensive oblique photography ofUSACE structures & activities An equivalent level ofsafety will be achieved by insuring compliance with the SenseFly manuals priorto eachflight. 14 C.F.R. § 91.9: Civil aircraftflight 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. W&A assumes that the intent ofthis requirement is to ensure that flight manual information is available to the aircrew while operating the aircraft. W&A requests an exemption to this requirement since the aircraft is not only too small to carry documentation, the documentation would notbe availableto the crew. The equivalent level ofsafety will be achieved bykeeping ahard copy ofthe flight manual in the eBee transportation box. 14 C.F.R. § 61.3: Requirementsfor certificates, ratings and authorizations 14 C.F.R. § 61.113(a) & (b); 61.133(a): Private Pilot Privileges and Limitations; Pilot in Command; CommercialPilotPrivileges and Limitations The regulation provides that no person may serve as a required pilot flight crewmember ofa civil aircraft ofthe United States, unless thatperson: (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, apilotlicense issuedbythat country maybe used. The regulation provides also that no personthat holds a private pilot certificate may act as pilot in command ofan aircraft for compensation orhire. Subparagraph (b) allows a privatepilotto act as pilot in command ofan aircraft in connectionwith anybusiness or employmentif: (1) The flight is only incidental to thatbusiness oremployment;7

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(2) The aircraft does not carrypassengers orpropertyfor compensation orhire. 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), SenseFly proposes that operators of the eBee should not be required to hold a commercial or private pilot certification. Instead, operators shouldbe required to:

• Have passed SenseFly's training program for operation ofthe 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). • Has the writtentest ofthe 

### PPL The equivalent level ofsafety will be achieved byhaving an operatortrained bythe AMA (or any FAA qualified entity) and SenseFly, and using the integrated features oftheaircraft to maintain a high level ofsafety during the different missions.

14 C.F.R. § 91.109(a) & 91.319(a)(1): FlightInstruction The regulation provides that "No person may operate a civil aircraft that is being used for flight instructionunless 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 eMotion. The equivalent level of safety during the training will be achieved by the manufacturer or authorized distributor providing the training and through the use ofexperienced 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 of400 feet AGL, the eBee cannot comply withthis 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 aflight area ceiling, preventingthe eBee to go beyond the flight area. The landowner and the persons who maybe on the ground in the flight area will bebriefed ofthe expected route offlight and the associated risks to persons and property on the ground. Dueto 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 shouldbe considered in granting the exemption.8 

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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 withoutunduehazard to persons orproperty onthe surface. 14 CFR91.121 -Altimetersettings 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 operatingbelow 18,000feet MSLto:

• The current reported altimeter setting ofa station along the route and within 100 nautical miles ofthe aircraft; • Ifthere is no station within the area prescribed in paragraph (a)(1)(i) ofthis section, the currentreported altimeter setting ofan appropriate available station; • Inthe case ofan aircraftnot equipped with aradio, the elevation ofthe departure airport or an appropriate altimeter setting availablebefore departure. To provide an equivalent level of safety, the eBee 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, barometricbias inducedby environmental factors is rejected.

14 C.F.R. § 91.151(a): FuelRequirementsforFlightin 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 ofintended landing and to fly after that for at least 30 minutes. Given the area of operation for the eBee, W&A believes that an equivalent level of safety is already achieved with the specific procedure preventing the eBee to accept a take-offorder 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): CarryingCivil Aircraft Certification andRegistration This regulationprovides as follows: • No person may operate a civil aircraft unless it has an appropriate and current airworthiness certificate.9 

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• 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-offweight). 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 orpassengers onboardthe aircraft. To obtain an equivalent level of safety and meet the intent of 91.203, W&A propose that documents deemed appropriate for this aircraft bythe FAA will be co-located with the operator at the ground control station inthe eBeebox and available for inspectionuponrequest 14 CFRSubpartE (91.401 - 91.417) - Maintenance, PreventiveMaintenance, and Alterations The regulation provides that the operator is primarilyresponsible 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 returnto servicebyaperson 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 Part43, or licensed pilots andrecords ofapproval ofthe aircraft for returnto service. W&A proposes that the maintenance of the eBee will be accomplished by the owner/operator according to the maintenance manual, provided by SenseFly. W&A 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 carryno 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 ofpre-flight tests to make sure that every sensor and every critical part is running properly. If a problem is detected, the eBee will notbe able to be switched-on and amessage error is displayed onthe 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 amission is initiated.10 

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### ANNEX B: ACADEMY OFMODEL AERONAUTICS SAFETYREQIDREMENTS http://www.modelaircraft.org/files/105.pdf http://www.modelaircraft.org/files/540-D.pdf http://www.modelaircraft.org/files/560.pdf