1924 Barnwell Street · Columbia, SC · 29201 cds corporation

803-779-9237 “IT is our Passion.” Page 1 of 5

July 20, 2015

CDS Corporation

Kenny McLean 

1924 Barnwell Street

Columbia, SC 29201

(803) 779-9237

Email: Kenny@CDSCorp.com

U.S. Department of Transportation, Docket Management System 

West Building Ground Floor, Room W12-140

1200 New Jersey Ave., SE 

Washington, DC 20590 

RE: Exemption Request Section 333 of the FAA Reform Act of 2012 

Attachments: 1) eBee Technical Specifications 

2) eXOM Technical Specifications

References: 1) FAA Exemption No. 12232, Regulatory Docket No. FAA-2015-1916 in the matter 

of Kenny McLean

2) FAA Exemption No. 11138, Regulatory Docket No. FAA-2014-0481 in the matter 

of the petition of DOUGLAS TRUDEAU 

3) FAA Exemption No. 11136, Regulatory Docket No. FAA-2014-0508 in the matter 

of the petition of ADVANCED AVIATION SOLUTIONS LLC 

Dear Sir or Madam, 

In accordance with the FAA’s Guidelines for Submitting a Petition for Exemption under section 333 

of the FAA Modernization and Reform Act of 2012, I, Kenny McLean, petitioner, request 

exemption from the following sections of Title 14, Code of Federal Regulations §§

61.113(a); 61.113(b); 91.119(c); 91.121; 91.151(a); 91.405(a); 91.407(a)(1); 91.409(a)(1); 

91.409(a)(2); 91.417(a) & (b); 

In order to operate small unmanned aircraft systems (UAS) commercially in airspace regulated by 

the Federal Aviation Administration (FAA) for the purposes of aerial data collection1 and other

flight operations that could be performed safely and more cost effectively with the use of small 

UAS at low altitude within the U.S. national airspace system as compared to a manned aircraft. 

Operations will be performed only at the request of and with the authorization and permission of 

 

1 Aerial data collection includes any remote sensing and measuring by an instrument(s) aboard the UA.

Examples include imagery (photography, video, infrared, etc.), electronic measurement (precision surveying, RF

analysis, etc.), chemical measurement (particulate measurement, etc.), or any other gathering of data by

instruments aboard the UA.
1924 Barnwell Street · Columbia, SC · 29201 cds corporation

803-779-9237 “IT is our Passion.” Page 2 of 5

clients or their authorized agents in order to facilitate commerce and raise awareness of the 

beneficial uses of small unmanned air systems. So long as such operations are conducted within 

and under the conditions outlined herein or as may be established by the FAA as required by 

Section 333. The conditions identified and proposed by the petitioner are drawn from references 

13.

The FARs 

The petitioner seeks exemption from the above mentioned FARs for the following reasons;

61.113(a) & (b); The petitioner requests relief in order to facilitate the utilization of pilots, 

who hold a PRIVATE PILOT (or greater) certificate. Any pilots operating under this exemption would 

be required to comply with any conditions as set forth and in a similar fashion to the previously 

granted exemptions.

91.119(c) As discussed in Exemption 11138 (DOUGLAS TRUDEAU), operations conducted 

closer than 500 feet to the ground may require that the UA be operated closer than 500 feet to 

essential persons, or objects that would not be possible without additional relief. The petitioner 

requests modification, waiver or exemption and clarification concerning the terms “congested 

areas” and “densely populated”. The petitioner requests waiver for this condition to allow 

reasonable and responsible operations in areas of subdivisions and neighborhoods if required.

91.121 As discussed in Exemption 11138 (DOUGLAS TRUDEAU) is inapplicable since the UAS 

does not have an altimeter and instead utilizes electronic GPS with a barometric sensor for altitude 

information.

91.151(a) As discussed in Exemption 11136 (ADVANCED AVIATION SOLUTIONS LLC) prior relief 

has been granted for manned aircraft to operate at less than the prescribed minimums, including 

Exemption Nos. 2689, 5745, and 10650. In addition, similar UAS specific relief has been granted in 

Exemption Nos. 8811, 10808, and 10673 for daytime, VFR conditions. The UAS provides battery 

power remaining as a percentage to the PIC. Information provided in the operating documents 

discusses procedures regarding remaining battery power management. Those documents contain a 

condition in which the PIC will initiate a landing procedure when battery remaining reaches a 

specified remaining level. Given the limitations on proposed operations and the location of those 

proposed operations, the FAA found that a reduced minimum power reserve for flight in daytime 

VFR conditions was reasonable.

91.405(a); 91.407(a)(1); 91.409 (a)(1) & (2); 91.417(a) & (b) As discussed in Exemption 11138 

(DOUGLAS TRUDEAU), the petitioner proposes to inspect and ensure that the UAS is in a condition 

for safe flight in accordance with the operating documents. The FAA found that adherence to the 

petitioner’s operating documents and the conditions and limitations specified, describing the 

requirements for maintenance, inspection, and recordkeeping, were sufficient to ensure that safety 

would not be adversely affected.
1924 Barnwell Street · Columbia, SC · 29201 cds corporation

803-779-9237 “IT is our Passion.” Page 3 of 5

The UAS Systems: eBee and eXOM by Parrot

The eBee is a professional grade, highly accurate fixed wing micro UAS configuration with 

an advertised weight of less than 1.52 ibs (690g) and a wingspan of 38in (96cm) and is made of EPP 

foam and carbon fiber structure. It is designed primarily to carry aloft a high definition camera. It 

has an advertised maximum speed of less than 56 knots (25m/s). It is powered by one electric

motor and carries no fuel. It utilizes an internal inertial measuring unit (IMU) with integrated 

barometric sensor augmented with global positioning system (GPS) to maintain its geospatial 

orientation and position. It is controlled primarily through an FCC certified radio control (RC) unit. 

Real time video and telemetry information is transmitted back to a ground control station allowing 

the operator and/or PIC to monitor battery level, GPS signal strength, altitude (AGL), distance from 

PIC, camera imagery, and control camera angle. It has failsafe modes of operation for either loss of 

RC or GPS signal. Altitude can be limited by the onboard flight controller and maximum altitude 

can be preprogrammed by the PIC. Battery life limits flight times to maximum of 50 minutes. The 

onboard flight controller will warn the pilot via telemetry and external lighting cues before reaching 

a low battery state. An automatic termination of flight and landing will be initiated when the 

battery reaches a predetermined low state. It is anticipated that flights will usually last less than 20

minutes. More information is available in attachment 1 or https://www.sensefly.com/drones/ebee.html.

The eXOM is a high end professional grade small rotorcraft in the micro UAS class (less than 

2kG) and is a quadrotor configuration with an advertised weight of less than 3.7 lbs (1700g) 

designed primarily to carry aloft a high definition camera / sensor package. It has an advertised 

maximum speed of less than 40 knots (22m/s) and a maximum climb rate of less than 1000 fpm (5

m/s). It is powered by four electric motors and carries no explosive fuel onboard. It utilizes an 

internal inertial measuring unit (IMU) with integrated barometric sensor augmented with global 

positioning system (GPS) to maintain its geospatial orientation and position. It is controlled 

primarily through an FCC certified radio control (RC) unit. Real time video and telemetry 

information is transmitted back to a ground control station allowing the operator and/or PIC to 

monitor battery level, GPS signal strength, altitude (AGL), distance from PIC, and camera imagery. 

It has failsafe modes of operation for either loss of RC or GPS signal. Altitude can be limited by the 

onboard flight controller and maximum altitude can be preprogrammed by the PIC. Battery life 

limits flight times to approximately 22 minutes. The onboard flight controller will warn the pilot via 

telemetry and external lighting cues before reaching a low battery state. An automatic termination 

of flight and landing will be initiated when the battery reaches a predetermined low state. It is 

anticipated that flights will usually last less than 15 minutes. More information is available in 

attachment 2 or https://www.sensefly.com/drones/exom.html .

Risk mitigation 

The petitioner has reviewed FAA exemptions reference’s 13 Conditions and Limitations 

section and believes that the procedures specified therein are reasonable and will be utilized in 

order to manage and mitigate risk and ensure public safety. A preflight checklist will be utilized to 

ensure that the UA airworthiness will be verified before launch. Airworthiness will be maintained 

by performance of routine inspections before each flight, maintaining flight and maintenance logs. 
1924 Barnwell Street · Columbia, SC · 29201 cds corporation

803-779-9237 “IT is our Passion.” Page 4 of 5

The petitioner request that in a manner similar to reference 4, he be allowed to operate within 5 

miles of an airport provided that; 

“The UA may not operate in Class B, C, or D airspace without written approval from 

the FAA. The UA may not operate within 5 nautical miles of the geographic center of 

a nontowered airport as denoted on a current FAA published aeronautical chart 

unless a letter of agreement with that airport’s management is obtained, and the 

operation is conducted in accordance with a NOTAM as required by the operator’s 

COA. The letter of agreement with the airport management must be made available 

to the Administrator upon request.” 

Operations within 5 miles of an airport are not anticipated to be routine but the petitioner 

is requesting a mechanism to facilitate such activities without requesting a new and separate 

exemption(s) should the need arise. Operations within class B airspace are not requested due to 

the lack of mode C transponder.

Public interest 

Use of the UAS in lieu of a manned aircraft would enhance safety and reduce the 

environmental impact as compared to similar operations conducted with manned aircraft of 

greater proportions, carrying a crew and flammable fuel. Additionally, use of the UAS in order to 

facilitate commerce could lead to economic growth. Operations for this petition will enable service 

for property owners or their designees seeking an enhanced perspective for characteristics, 

amenities, and benefits of their desired photographic subjects that cannot be displayed through 

ground level videography/photography. Aerial photography is a valuable marketing tool that can 

lead to increased commerce and enhance personal photography. Crop surveying applications could 

lead to decreased use of pesticides and fertilizer and conservation of water as well as increased 

crop yields and decreased costs. Aerial surveying and inspections can increase work site efficiency, 

improve volumetric estimations and reduce risks. The petitioner will provide clients with 

photographic data for these purposes on a ‘for hire’ basis acting as an independent contractor. A 

visual observer will be utilized. Liability insurance will be maintained. Flight data including UAS 

flight time, incident, accident, and details concerning any deviations from normal operations will be 

available to FAA for use in collecting data regarding the use of UAS as part of this application. This 

data may be submitted to FAA if requested.

Conclusion 

The petitioner is requesting this exemption for the purposes of aerial photography, 

cinematography, photogrammetry, mapping, crop surveying, inspections and other flight 

operations. The petitioner's business model is based on the idea of offering information processing 

and management solutions which are enhanced by utilization of UAV systems. The petitioner’s 

market research shows pent up demand for these services currently exists in the mining, stockpile 

management, right-of-way management, agriculture and new markets that are emerging. The 

primary purpose of seeking this exemption is to expand the business capability to offer the above

services while remaining in compliance. The petitioner has over 50 hours of experience in the UAV
1924 Barnwell Street · Columbia, SC · 29201 cds corporation

803-779-9237 “IT is our Passion.” Page 5 of 5

models listed herein, over 30 years experience in general and holds a Private Pilot airman 

certificate. 

Respectfully submitted, 

Kenny McLean

CDS Corporation

803-779-9237