Taylor Cupp

July 2 8 th, 2015 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, Taylor Cupp , an operator of the eBee Unmanned Aircraft System (“eBee”) and eXom Unmanned Aircraft System (“eXom”) seeks an exemption from the Federal Aviation Regulations (“FARs”) listed below:

 14 C.F.R. 21  14 C.F.R. 61.133(a) (b)  14 C.F.R. 91.7(b)  14 C.F.R. 91.119  14 C.F.R. 91.151(a)  14 CFR Subpart E (91.401
- 91.417) The requested exemption would authorize commercial operations using the eBee and eXom for mapping, agricultural and survey a pplications. These operations will be subject to strict operating requirements defined in the eBee and eXom user manual. **1. 1**  **CHARACTERISTICS OF THE AIRCRAFT (eBee)**  The eBee is a small (37 .8 inches wingspan) and ultra
-light (maximum take
- off weight of 1.7 pounds) platform made of flexible 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 safely and efficiently

a mission in 3D, and then monitor it in real
-time. Thanks to the embedded camera, protected by a f oam envelope, the eBee takes a collection of high
- definition still images that are used later to generate ma ps and contour lines of the surveyed 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 impact 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. Thepropeller is attached with a rubber band to the body o f the plane so that it can easily flex away in case of contact with any

object. c. Semi
- automatic flight The artificial intelligence incorporated within the eBee autopilot system continuously analy zes 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 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 automated 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. **1. 2**  **CHARACTERISTICS OF THE AIRCRAFT (eXom)**  The eXom, weighting 3.7 pounds (Maximum Take Off Weight), contains a rich array of advanced integrated sensors. These sensors work together to provide the user with full situational awareness and support obstacle avoidance:
a. Five ‘Navcam’ vision sensors allow the operator to see in the direction the drone is moving via its flight control software, without needing to turn the system’s TripleView camera head. This technology

i s unique in such a lightweight UAS, similar to the visual parking sensors in modern cars , but brought into a 3D flight environment. b. Five ultrasonic proximity sensors work in harmony with eXom’s Navcams to ensure the operator always knows the drone’s distance from nearby objects. (The drone’s shockabsorbent carbon fiber shrouding is also always on hand to protect its rotors in case of surface contact.)
c. Numerous other sensors, including inertial measurement units, barometers, magnetometers, GPS and magnetic encoders, maximize the drone’s stability and safety
. eXom offers different flight modes to suit every project: semi
- automatic mode (way point navigation) or interactive ScreenFly mode (using the supplied joy pad to navigate and orientate the device via computer screen). The Screenfly mode includes flight assistance features such as cruise control and distance lock. Inany s ituation, RC
-based manual control always remains available as a backup function. The eXom is particularly safe. It was developed with flexible material absorbing potential shocks, and SenseFly

team has developed a unique carbon
- fiber shrouding protecting the propellers. SenseFly has also added also redundancy in the command and control system. In case something happens to the primary autopilot, the eXom will switch automatically to the secondary autopilot. **2. APPLICATIONS**  The requested exemption would authorize commercial operations for mapping, agricultural and survey applications in North Dakota, South Dakota, Minnesota, Nebraska and Iowa
.**3. APPLICABLE LEGAL**  **STANDARD UNDER**  **SECTION 333** 

a. Airworthiness assessment of the eBee and eXom I note that the airworthiness of the SenseFly platform has already b een 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 obtain all authorizations required in order to operate the eBee UAS). Moreover the eBee already received 15 Exemptions from the FAA
. SenseFly also 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 approval for VLOS operations)  Denmark (flight approval for VLOS operations) b. Operating requirements Grant of the exemption to Taylor Cupp for the eBee and eXom will be subject to the following operating conditions :
 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. Inno case will the UA be operated at airspeeds greater than the maximum UA operating 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 wit hin 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 observer (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 verbally at all times; electronic 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 perform 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 documents. 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. Iti s the operator’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 amendment to this grant of exemption. If the operator determines that any u pdate 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 FAA’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 critical component, must undergo a functional test flight prior to conducting further operations under this exemption. Functional test flights may only b e 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 f ollow 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 FAAairman medical certificate or a valid U.S. driver’s license issued by a state, the District of Colombia, Puerto Rico, a territory, a possession, or the Federal government. The PIC must also meet the flight review 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 and maintaining appropriate dista nces from persons, vessels, vehicles and structures. 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 (training, proficiency, and experience
-building) and determining the PIC’s ability 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 b e conducted d

uring dedicated training sessions. During training, 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 operations 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 nautical miles of an airport reference point (ARP) as denoted in the current FAA Airport/Facility D irectory

(AFD) or for airports not denoted with an ARP, the center of the airport sy mbol as denoted on the current FAA
- published aeronautical chart, unless a letter 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 signal, the UA must return to a pre
determined location within the private 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 five minutes or with the reserve power recommended by

the ma nufacturer if greater.

 21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All operations shall be conducted in accordance with an ATO
-issued COA. The exemption holder may

a pply f or a new or amended COA if it intends to conduct operations that cannot be conducted under the terms of the attached COA.

 22. All aircraft operated in accordance with this exemption must be identified by s erial number, registered in accordance with 14 CFR part 47, and have identification (N
Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must be aslarge 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 availa ble 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 and 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, vehicles, 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 protection. 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 o f 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 trainees or essential persons are not considered nonparticipating persons under this exemption.

 27. All operations shall be conducted over private or controlled
- access property with permission from the property owner/controller or authorized representative. Permission 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 FAA's UAS Integration Office (AFS
- 80) within 24 hours. Accidents must be reported to the National Transportation Safety B oard (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov
.

**3. CONCLUSION** This application for an Exemption Request Under Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations demonstrates an understanding by Taylor Cupp of therules, regulations, and requirements to demonstrate safe use of Unmanned Aerial Vehicles. I

appreciate your time in review of this application and looks forward to approval of this exemption for commercial flight. Yours sincerely,

**ANNEX A:**  **EXEMPTION REQUEST AND EQUI VALENT LEVEL OF SAFETY**  **SHOWINGS UNDER APPLICABLE RULES SUBJECT TO EXEMPTION**Taylor Cupp requests an exemption from the following regulations as well as any additional regulations that may

technically

apply to the operation of the eBee and eXom : **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 procedural requirements for the issuance of airworthiness certificates as required by FAR § 91.203(a). Given the size and weight of the eBee and eXom, and the limited operating area associated with its utilization, it is unnecessary to go through the certificate of airworthiness pro cess 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 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. 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, than a conventional aircraft with an airworthiness certificate. **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 Pilot Privileges and Limitations**  The regulation provides that no pers on may s erve 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 acce ssible 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 by that country

may be used. The regulation provides also that no person that holds a private pilot certificate may act as pilot in command of an aircraft for compensation or hire. Subparagraph (b) allows a private pilot to act as pilot in command of an aircraft in connection with any business or employ

ment if: (1) The f light is only

incidental to that business or employ ment; (2) The aircraft does not carry passengers or property

for compensation or hire. Given the safety

f eatures 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 pilot certification. I nstead, operators should be required to: Have a sport or recreational pilot license (at least) and have successfully p assed a manufacturer’ s training program for the eBee. **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 airworthycondition. Should the exemption be granted allowing commercial operation of the eBee and

eXom without an airworthiness certificate, no standard will exist for airworthiness of the eBee or Exom . Given the size of the aircraft and the previous airworthiness assessments given to the S enseFly platform, among others:

 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 Department 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 CFR**  **§ 91.119:**  **Minimum Safe Altitudes**  The regulation provides that over sparsely p opulated 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 and eXom cannot comply with this req

uirement. The equivalent level of safety will be achieved because the eBee and eXom will only f ly 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 and eXom 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 eXom and the material with which the eBee and eXom are built, the hazard to persons, vessels, 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 operated at an altitude allowing, if a power unit fails, an emergency

landing without undue hazard to persons or property on the surface. **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 a t least 30 minutes. Given the area of operation for the eBee and eXom, I believe that an equivalent level of safety i s 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 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 anairworthy

condition, including compliance with Parts 39 and 43. P aragraphs 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. I propose that the maintenance of the eBee and eXom will be accomplished by the owner/operator according to the maintenance manual, provided by SenseFly
. An equivalent level of safety will be achieved because the eBee and eXom are small in size, it is not a complex mechanical device, it will carry no external payload, and it will operate only in re stricted 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 f light, the eBee runs automatically a s equence of pre - flight tests to make sure that every s ensor and every

critical part is running properly
. If a problem is detected, the eBee and eXom will not be able to be switched
- on and a message error is displayed on the 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 and eXom 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.