Professional Land

Surveyors and Mappers

James H. Chustz, Jr., P.L.S. Ph. (225) 638

- 5949

Executive Vice President Fax (225) 638

- 3924

211 Richy Street

New Roads, LA 70760

www.chustzsurv eying.com December 5

, 2014

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

Re: Exemption Request 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, Chustz Surveying Inc. (“Chustz Surveying”), an operator of the eBee Unmanned

Aircraft System (“eBee”) seeks an exemption from the Federal A viation 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)

The following appendices are included in this document for reference purposes

. Chustz Surveying

requests that the FAA treat these documents as proprietary under 14 C.F.R. 11.35(b) and not

include these appendices in the public docket:

Appendix A: SenseFly

- Justification of airworthiness eBee

Appendix B: SenseFly

- eBee User Manual V12

Appendix C: SenseFly

- eBee training documentation

Appendix D: SenseFly

- eBee maintenance procedures

The requested exemption would 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 (Chustz Surveying 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) 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.Professional Land

Surveyors and Mappers

James H. Chustz, Jr., P.L.S. Ph. (225) 638

- 5949

Executive Vice President Fax (225) 638

- 3924

211 Richy Street

New Roads, LA 70760

www.chustzsurv eying.com The eBee will be operated by an individual who fulfill s the following requirements:

Has successfully passed a manufacturer’s training program for the eBee; Chustz Surveying

requests the FAA treat the eBee training program as proprietar y under 14 C.F.R. 11.35(b) and

not include this document in the public docket.

Has a Private Pilot license

Furthermore, two of Chustz Surveying’s employees have successfully completed training at the

Unmanned Vehicle University of Phoenix, Arizona and re ceived a UAV Pilot Training Certificate.

The program consisted of 16 hours of ground school, 10 hours of training in a small UAV flight

simulator and 24 hours of flight training.

1. CHARACTERISTICS OF THE AIRCRAFT

The eBee is a small (37.8 inches wings pan) and ultra

- light (maximum take

- off weight of 1.7 pounds)

platform made of flexible foam that performs precision aerial mapping missions thanks to the on

board GPS and the related flight management software (eMotion) that allows the operator to plan

saf ely and efficiently a mission in 3D, and then monitor it in real

- time. Thanks to the embedded

camera, protected by a foam envelope, the eBee takes a collection of high

- definition still images that

are used later to generate maps and contour lines of the su rveyed area.

The four main characteristics of the eBee are:

a. Very light weight

The eBee is so light that the operator can launch it by hand and let it land on almost any surface

without requiring a parachute or landing net (belly land). Its low impac t energy ( 38 J in case of a

controlled emergency landing ) also significantly reduces the risk of hazardous situations. Finally, the

wings of the eBee are detachable and made of flexible foam with no sharp or hard edges and almost

no internal strengthening structure.

b. Electric

- powered

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

propeller is attached with a rubber band to the body of the plane so that it can easily flex away in

case of contact with any ob ject.

c. Semi

- automatic flight

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

from the Inertial Measurement Unit and from the onboard GPS and takes care of all the aspects of

the flight under the sup ervision of the operator.Professional Land

Surveyors and Mappers

James H. Chustz, Jr., P.L.S. Ph. (225) 638

- 5949

Executive Vice President Fax (225) 638

- 3924

211 Richy Street

New Roads, LA 70760

www.chustzsurv eying.com d. Option for Manual control

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

during the flight (Go to Home, Go Land, Hold and Resume the mission) and also suspend automate d

operations and take manual control of the aircraft should it become necessary to respond emergent

circumstances, thanks to the remote controller provided with the system.Professional Land

Surveyors and Mappers

James H. Chustz, Jr., P.L.S. Ph. (225) 638

- 5949

Executive Vice President Fax (225) 638

- 3924

211 Richy Street

New Roads, LA 70760

www.chustzsurv eying.com 2. APPLICATIONS

Chustz Surveying has recen tly purchased the S ense F ly e B ee and respectively request s exemption to

operate the e B ee for aerial surveying . Chustz Surveying intends to safely, efficiently, and

economically perform aerial acquisition and research over the State of Louisiana and Mississi ppi in

support of the U. S. Army Corps of Engineers, New Orleans and Vicksburg District s , Louisiana

CPRA (Coastal Protection and Restoration Authority)

, private entities, agriculture, scientific st udies,

wildlife monitoring, and forestry, while also furthe ring the development of the state economy related

to the oil and gas industries.Professional Land

Surveyors and Mappers

James H. Chustz, Jr., P.L.S. Ph. (225) 638

- 5949

Executive Vice President Fax (225) 638

- 3924

211 Richy Street

New Roads, LA 70760

www.chustzsurv eying.com 3. APPLICABLE LEGAL STANDARD UNDER SECTION 333

a. Airworthiness assessment of the eBee

Chustz Surveying notes that the airworthiness of th e eBee has already been demonstrated for

different projects in the United States, involving state/federal agencies or universities (among others

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

- uas

flight

- test

- center

- conducts

- ebee

- airworthiness

- assessment , and the USACE New Orleans, who

coordinated with the Department of Army and the FAA to o btain all authorizations required in order

to operate the eBee UAS.

Moreover, SenseFly obtained flight approvals for the eBee (delivered by national civil aviation

authorities) in many countries, among others:

Switzerland (flight approval for VLOS operat ions)

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)

Norw ay (flight approval for VLOS operations)

Sweden (flight approval for VLOS operations)

Denmark (flight approval for VLOS operations)

b. Operating requirements

Grant of the exemption to Chustz Surveying for the eBee will be subject to the following operati ng 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;

Permis sion 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 Se e & 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 time s; 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

c oordination with the airport authority, or air traf fic control when a control tower is present at

the airport;

All operations shall comply with required permissions and permits established by territorial,Professional Land

Surveyors and Mappers

James H. Chustz, Jr., P.L.S. Ph. (225) 638

- 5949

Executive Vice President Fax (225) 638

- 3924

211 Richy Street

New Roads, LA 70760

www.chustzsurv eying.com state, county or city jurisdictions; including local law enforcement, fire, or other appropriate

gover nmental 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.

3. CONCLUSION

By moving surveying a nd mapping functions from a ground based human enterprise to the aerial

platform of the e B ee, Chustz Surveying will have the ability to collect an enormous amount of data

in a fraction of the time that would be consumed in a ground based effort. The flight mission can be

preplanned maximizing the survey effort into minutes instead of days on even the smallest of

projects. As the project size increases the savings to both Chustz Surveying and the client will

increase exponentially. Information collected by the e B ee will change the entire decision making

process and work flow. Instead of days to collect and process the ground based data Chustz

Surveying can collect e B ee preliminary data and begin to provide intelligent data to our clients at a

near real time rate of information exchange. Improving data collection by moving to the e B ee as the

survey platform allows our clients to stand with our operator and begin the process of analysis at the

very moment the data is collected.

The cost to purchase and maintai n the SenseFly eBee is nominal in comparison to that of a

traditional manned aircraft. A major advantage of the low operational expenses is that Chustz

Surveying can provide these aerial acquisition services at a much lower cost to the consumer while

rema ining competitive and profitable, thereby contributing to economic growth and stability at a

local, state and federal level.

Due to its unique, lightweight and compact design, the SenseFly eBee can be assembled and

deployed in less than five (5) minutes after arriving onsite. It can perform its mission effectively and

efficiently and literally land at your feet. The data from the mission can begin being processed

immediately. All of these factors prove to be a huge benefit to the consumer, especially i n the case

of a natural disaster or emergency situation

.

Yours sincerely,

James H. Chustz, Jr., PLS

Executive Vice

- President

Chustz Surveying, Inc.Professional Land

Surveyors and Mappers

James H. Chustz, Jr., P.L.S. Ph. (225) 638

- 5949

Executive Vice President Fax (225) 638

- 3924

211 Richy Street

New Roads, LA 70760

www.chustzsurv eying.com ANNEX A: EXEMPTION REQUEST AND EQUIVALENT LEVEL OF SAFETY

SHOWINGS UNDER APPLICABLE RULES SUBJECT TO EXEMPTION

Chustz Surveying 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 Certif icates

14 CFR § 91.203(a)(1)

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

entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of

airworthiness certificate s 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 under Part 21

Subpart H in order to achieve or exceed current safety levels.

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

333 of the Reform Act. The Federal Aviation Act and Section 333 of t he Reform Act both authorize

the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration

of the size, weight, speed, operational capability, and proximity to airports and populated areas of the

UAS involved. An anal ysis of these different criteria demonstrates that the eBee operated without an

airworthiness certificate, under the conditions proposed in that exemption, will be at least as safe, or

safer, than a conventional aircraft with an airworthiness certificate. A proprietary risk assessment for

operations with the eBee, which demonstrates that assertion, is also being submitted to the FAA as

part of this application. Chustz Surveying requests the FAA treat the eBee risk assessment as

proprietary under 14 C.F.R. 1 1.35(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 ca bin, cockpit, or pilot station.

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

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 eBee without an

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

aircraft and the previous airworthiness assessments given to the eBee, among others:Professional Land

Surveyors and Mappers

James H. Chustz, Jr., P.L.S. Ph. (225) 638

- 5949

Executive Vice President Fax (225) 638

- 3924

211 Richy Street

New Roads, LA 70760

www.chustzsurv eying.com New Mexico State University: https://newscenter.nmsu.edu/Articles/view/10208/nmsu

- uas

flight

- test

- center

- conducts

- ebee

- airworthiness

- assessment

USACE New Orleans, who coordinated with the De partment of Army and the FAA to obtain

all authorizations required in order to operate the eBee UAS for levee system monitoring,

documentation of construction progress, and extensive oblique photography of USACE

structures & activities

An equivalent level of safety will be achieved by insuring compliance with the SenseFly manuals

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

manual is in the aircraft. Chustz Surveying assumes that the intent of this requirement is to ensure

that flight manual information is available to the aircrew while operating the aircraft. Chustz

Surveying requests an exempti on 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 transport ation 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 instru ction will be accomplished through an elaborated training program, using first the

simulation mode of the flight management software eMotion as set forth in Exhibit 2. The equivalent

level of safety during the training will be achieved by the manufacturer providing the training as

outlined in Exhibit 2 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 o perated closer than

500 feet to any person, vessel, vehicle, or structure. Since the aircraft will be operating at a maximum

of 400 feet AGL, the eBee cannot comply with this requirement.

The equivalent level of safety will be achieved because the eBee wi ll 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 theProfessional Land

Surveyors and Mappers

James H. Chustz, Jr., P.L.S. Ph. (225) 638

- 5949

Executive Vice President Fax (225) 638

- 3924

211 Richy Street

New Roads, LA 70760

www.chustzsurv eying.com expected route of flight and the associated risks to persons and pro perty on the ground. Due to the

small size of the eBee and the material with which the eBee is built, the hazard to persons, vess els,

vehicles, and structures is not comparable to manned aircraft and should be considered in granting

the exemption. Moreover, the aircraft will not be operated over congested areas nor over any open

air assembly of persons. The aircraft will be operate d 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 air craft;

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 departur e airport or an

appropriate altimeter setting available before 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 baromete r 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 environmenta l 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 intend ed landing and to fly after that for at least

30 minutes.

Given the area of operation for the eBee, Chustz Surveying believes that an equivalent level of safety

is already achieved with the specific procedure preventing the eBee to accept a take

- off order is the

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

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

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

This regulation provides as follows:

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

airworthiness certificate.Professional Land

Surveyors and Mappers

James H. Chustz, Jr., P.L.S. Ph. (225) 638

- 5949

Executive Vice President Fax (225) 638

- 3924

211 Richy Street

New Roads, LA 70760

www.chustzsurv eying.com 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 aircraft.

To obtain an equivalent level of safety and meet the intent of 91.203, Chustz Surveying 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 Alteration s

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 op erator 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.

C hustz Surveying proposes that the maintenance o f the eBee will be accomplished by the

owner/operator according to the maintenance manual, provided by SenseFly. Chustz Surveying

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 restricted

predetermined areas. Moreover, the operator is the person most familiar with the aircraft and is best

suited to maintain the aircraft in an airworthy condition and to ensure an equivalent level of safety.

Finally, before every flight, the eBee runs automatically a sequence of pre

- flight tests to mak e 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 eMotion. The

operator can then refer to the maintenance manua l to troubleshoot this issue. Several parts of the

eBee are easily interchangeable (propellers, wings), which allows the operator to make sure the

wings and propulsion system are always airworthy when a mission is initiated.

ANNEX B: ACADEMY OF MODEL AERON AUTICS SAFETY REQUIREMENTS

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

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

- D.pdf

http://www.modelaircraft.org/files/560.pdfProfessional Land

Surveyors and Mappers

James H. Chustz, Jr., P.L.S. Ph. (225) 638

- 5949

Executive Vice President Fax (225) 638

- 3924

211 Richy Street

New Roads, LA 70760

www.chustzsurv eying.com 

## A ppendix A

SenseFly

- Justification of airworthiness eBee

`` Confidential ( A thru D will be mailed)Professional Land

Surveyors and Mappers

James H. Chustz, Jr., P.L.S. Ph. (225) 638

- 5949

Executive Vice President Fax (225) 638

- 3924

211 Richy Street

New Roads, LA 70760

www.chustzsurv eying.com 

## Appendix B

SenseFly

- eBee User Manual V12Professional Land

Surveyors and Mappers

James H. Chustz, Jr., P.L.S. Ph. (225) 638

- 5949

Executive Vice President Fax (225) 638

- 3924

211 Richy Street

New Roads, LA 70760

www.chustzsurv eying.com 

## Appendix C

SenseFly

- eBee training documentationProfessional Land

Surveyors and Mappers

James H. Chustz, Jr., P.L.S. Ph. (225) 638

- 5949

Executive Vice President Fax (225) 638

- 3924

211 Richy Street

New Roads, LA 70760

www.chustzsurv eying.com 

## Appendix D

SenseFly

- eBee maintenance procedures