March 31,2015

U.S. Department ofTransportation DocketManagement System 1200NewJersey Ave., SE Washington, DC 20590 

## G M AERIAL MAPPL'\'G LAND SURVEYING



# AERO TECH SURVEYS A SCHMIDT Geomatic Mapping Corporation

Re: Exemption Request Under Section 333 ofthe FAA Reform Act and Part 11 ofthe Federal AviationRegulations DearMadam, Sir, Pursuant to Section 333 ofthe FAA Modernization and Reform Act of2012 (the "Reform Act") and 14 C.F.R. Part 11, SCHMIDT Geomatic Mapping Inc., a professional photogrammetric mapping and land surveying firm established in 1997 ("SGM"), an operator of the eBee Unmanned Aircraft System ("eBee") 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. 61.3 

## • 14 C.F.R. 61.113(a)&(b) 

## • 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. 91.121 

## • 14 C.F.R. 91.151(a) 

## • 14 C.F.R. 91.203(a) & (b) 

## • 14CFRSubpartE(91.401-91.417) The requested exemption would authorize commercial operations using the eBee for mapping and survey applications. These operations will be subject to strict operating requirements defmed 

### in the eBee user manual (SGM requests the FAA treat the eBee training program as proprietary under 14 C.F.R. 11.35(b) and does not include this document in the public docket) and conditions defined by the Safety Code ofthe Academy ofModel Aeronautics (see Annex B), in order to ensure at least an equivalent level of safety to currently authorized operations using manned aircrafts. The eBee will be operated by an individual who fulfill the following requirements:

• Has successfully passed a manufacturer's training program for the eBee; SGM requests the FAAtreat the eBeetrainingprogram as proprietary under 14 C.F.R. 11.35(b) and does not include this document in the public docket;

• Has on staffapilot with Private Pilot licensethatwill be responsible for flight operations. 

### (951) 785-0160 • Fax (951) 785-0554 6810 Airport Drh·e Riverside, CA 92504 Email: aerotechsuneys@sbcglobaI.net1. CHARACTERISTICS OFTHE 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 operatorto plan safely and efficiently a mission in 3D, andthen monitorit 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 laterto generate maps and contour lines ofthe surveyed area. The four maincharacteristics ofthe eBee are:

a. Very lightweight 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 ofcontact with any object.

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 ofall the aspectsofthe flight underthe supervision ofthe operator. d. Option for Manual control Additionally, the eBee provides an override capability that allows the operator to take manual actions duririg 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 emergentcircumstances, thanks to the remote controllerprovided with the system.

2. APPLICATIONS We (SGM) propose to utilizethe eBee for professional aerial mappingprojects. These projects include sanitary landfills, quarries, vegetation mapping, remote desert areapipeline, canal and solarfacility monitoring. Otherprojects similar in scope have beenperformedfor U.S.D.A.- Forest Service, BLM and ESRI.3. APPLICABLE LEGAL STANDARD UNDER SECTION333

a. Airworthiness assessment ofthe eBee SGM notes thatthe airworthiness ofthe eBeehas 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/nrnsu-uas-flight-testcenter-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 operatethe 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 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 ofthe exemptionto SGM for the eBee will be subjectto the following operating conditions, based on the operating conditions set forth by the Academy ofModel Aeronautics (see Annex B). The main restrictions are summarizedbelow:

• Operations to be conducted over private, controlled-access, or public property where approved; • Permissionfrom the land owner/authorityrequired before commencing any flight; • 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 guaranteed with a GPS geo-fence around operatorof0.5 miles • Flightceilingpre-programed at400 feet; • All operations conducted within 5 miles from an airport shall onlybe initiated afterverbal 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 orcityjurisdictions; including local lawenforcement, fire, orother appropriate governmental agencies. • The eBee operations will be compliant with existing safety procedures inherent to the activitiesofthe related company. 

## •c. OperatorRequirements The eBee flight operations will have an individual with a Private Pilot license to oversee, manage and be responsible for compliance with FAA guidelines, as well as a flight operator with experience in remote controlled flight that will successfully have passed a manufacturer's training program for the eBee.

3. CONCLUSION Having provided professional aerial mapping services since 1997, we at SGM are excited and motivated to grasp hold ofthe potential mini UAVs have to offer in ourprofession. All operations are planned to be conducted in a professional manner and in compliance with FAA guidelines. Our concern and obligation to our profession is to provide accurate aerial mapping services in such a manner to protect our staffand the general public. We believe safety is paramount to all aspects ofanyjoband conduct ourbusiness accordingly.

Yours sincerely,

William F. Schmidt, Owner CaliforniaProfessional Land Surveyor (LS 5968) SCHMIDT Geomatic Mapping, Inc. dba "AEROTECH SURVEYS" 6810 Airport Drive Riverside, CA 92504 Phone (951) 785-0160

### ANNEXA: EXEMPTIONREQUESTAND EQUIVALENTLEVELOFSAFETY SHOWINGSUNDERAPPLICABLERULES SUBJECTTOEXEMPTION SGM requests an exemption from the following regulations as well as any additional regulations thatmay technically applyto the operation ofthe eBee: 

### 14 C.F.R. Part21, SubpartH: AinvorthinessCertificates 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 ofthe 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 Part21 SubpartH in orderto achieve orexceed 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 Aviation Act and Section 333 oftheReform 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. SGM requests the FAA treat the eBee risk assessment as proprietary under 14 C.F.R. 11.35(b) and not include this document in thepublic docket. 

### 14 C.F.R. 

### §45.23 & 

### 14 C.F.R. 

### §45.29: Displayofmarks; sizeofmarks 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. Given the size ofthe eBee (wingspan of37.8 inches), thisrequirement is impossible to match. 

### 14 C.F.R. 

### §61.3: Requirements forcertificates, ratings and authorizations 14 C.F.R. 

### §61.113(a) & 

### (b); 61.133(a): PrivatePilotPrivileges and Limitations; Pilot in Command; CommercialPilotPrivileges andLimitations The regulation provides that no person may serve as a required pilot flight crewmemberofa civil aircraft ofthe United States, unlessthat person: (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 issuedby thatcountrymaybeused. The regulation provides also that no person that holds aprivate pilotcertificate_may**a~t** as pilot in commandofan aircraft for compensation orhire. Subparagraph (b) allows apnvatepilotto act as**~·**

pilot in commandofan aircraft in connectionwith any business oremploymentif: (1) The flight is only incidentaltothatbusiness oremployment; (2) The aircraft does notcarry passengersorpropertyfor compensationorhire. 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 thatoperators oftheeBee should not be required to hold a commercial pilotcertification. Instead, operators should be required to: Have a private pilot license and have successfully passed a manufacturer's training program for the eBee. 14 C.F.R. § 91.7(a): Civil aircraft ainvorthiness 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. Giventhe size of the aircraft and the previous airworthiness assessments given to the eBee, among others:

• New Mexico State University: https://newscenter.nmsu.edu/Articles/view/10208/nmsuuas-flight-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 each flight. 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. SGM asswnes that the intent ofthis requirement is to ensure that flight manual information is available to the aircrew while operating the aircraft. SGM requests an exemption to this requirement since the aircraft is not only too small to carry docwnentation, the docwnentation would not be available to the crew. The equivalent level ofsafety will be achieved by keeping a hard copy ofthe flight manual in the eBeetransportation box. 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 instruction unlessthat 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**manufa~turer** or**authorize~ _distr~butor**  providing the training and through the use ofexpenenced andquahfied operatorsfarn1har With the eBee.14 CFR §91.119: Minimum SafeAltitudes 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 of400feet 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 ofthe landowner. The operator will define before every flight a working area radius and a flight areaceiling, preventingthe 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 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 should be considered in grantingtheexemption. 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 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 18,000 feet MSLto:

• The current reported altimeter setting ofa station along the route and within 1 00 nautical miles ofthe aircraft; • Ifthere is no station within the area prescribed in paragraph (a)(l)(i) ofthis section, the currentreported altimeter setting ofan appropriate available station; • In the case ofan aircraftnotequipped with aradio, the elevation ofthe departure 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-flighttests. 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 ofintended landing and to fly after thatfor at least 30 minutes. Given the area of operation for the eBee, SGM 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): Carrying Civil Aircraft Certification and Registration Thisregulation 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) ofthis section or a special flight authorization issued under §91.715 is displayed atthe cabin orcockpit entrance so that it is legible to passengers orcrew. The eBee weighs only 1.7 pounds (max take-offweight). As such, there is no ability orplace to carry certification and registration documents or to display them on the UAS. In addition, there is no pilot orpassengers onboard the aircraft. To obtain an equivalent level of safety and meet the intent of 91.203, SGM propose that documents deemed appropriate for this aircraft by the FAA will be co-located with the operatorat the ground control station in the eBee box and available for inspection uponrequest 14 CFRSubpartE (91.401- 91.417)- Maintenance, Preventive Maintenance, and Alterations Theregulation provides thatthe operatoris primarily responsible for maintaining the aircraft in an airworthy condition, including compliance with Parts 39 and 43. Paragraphs 91.407 and 91.409 require thatthe aircraft be "approved for return to service by aperson authorized under43.7" after maintenance and inspection. Section 91.409(a)(2) requires an annual inspection for the issuance ofan 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, orlicensed pilots and records ofapproval ofthe aircraft for return to service. SGM proposes that the maintenance of the eBee will be accomplished by the owner/operator according to the maintenance manual, provided by SenseFly. SGM requests the FAA treat the eBee training program as proprietary under 14 C.F.R. 11.35(b) and not include this document in thepublic docket. An equivalent level of safety will be achieved because the eBee is small in size, it is not a complexmechanical 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 ofpre-flight tests to make sure that every sensor and every critical part is running properly. Ifa problem is detected, the eBee will notbe ableto be switched-on and amessage erroris 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 ofthe 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. 

# \

## .... ,.

ANNEX B: ACADEMY OFMODELAERONAUTICS SAFETYREQUIREMENTS http:/ /www.modelaircraft.org/files/105.pdf http://www.modelaircraft.org/files/540-D.pdf http://www.modelaircraft.org/files/560.pdf \

## "