Benchmark Engineering & Surveying, LLC 

101 Highpointe Court, Suite B 

Brandon, MS 39042 

601-591-1077 office 

601-591-0711 fax 

mloveO-benchmarkms.net 

November 30, 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, Benchmark Engineering & Surveying, LLC ("Benchmark"), an operator of 

the eXom Unmanned Aircrafft 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 eXom for mapping 

and inspection applications. These operations will be subject to strict operating requirements 

defined in the eXom user manual (Benchmark requests the FAA treat the eXom user program as 

proprietary under 14 C.F.R. 11.35(b) and does not include this document in the public docket) and 

conditions defined in the paragraph 3. 

1. CHARACTERISTICS OF THE AIRCRAFT 

The eXom is a small and light quadrotor (maximum take-off weight of 3.7 pounds) that offers 

different flight modes to suit every project: semi-automatic mode (waypoint navigation) or 

interactive ScreenFly mode (using the supplied joypad to navigate and orientate the drone via 

computer screen). The ScreenFly mode includes flight assistance features such as cruise control 

and distance lock. In any situation, RC-based manual control always remains available as a 

backup function. 

The eXom, contains a rich array of advanced integrated sensors. These sensors work together to 

provide the user with full situational awareness and support obstacle avoidance: 

• Five `Navcam' vision sensors allow the operator to see in the direction the drone is 

moving via its flight control sofftware, without needing to turn the system's TripleView 

camera head. This technology is unique in such a lightweight UAS, similar to the visual 
parking sensors in modern cars, but brought into a 3D flight environment. 

• 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.) 

• Numerous other sensors, including inertial measurement units, barometers, 

magnetometers, GPS and magnetic encoders, maximize the drone's stability and safety. 

The eXom is particularly safe. It was developed with flexible material absorbing potential shocks, 

and SenseFly R&D team has developed also a unique carbon-fiber shrouding protecting the 

propellers. We have added also redundancy in our command and control system. In case 

something happens to the primary autopilot, the eXom will switch automatically to the secondary 

autopilot. 

2. APPLICATIONS 

Benchmark is a Civil Engineering and Surveying firm. We conduct surveying services for several 

municipalities and private sector, while preforming said services our personal at times are placed 

in unsafe environments such as heavy traffic, quarries, extreme elevation changes along rivers and 

waterways, etc. The above said eXom will be most effective in collecting the data required to 

complete the above mentioned tasks without putting myself and my personal at risk while 

generating an exceptional mapping product that in the past was not achievable. 

3. APPLICABLE LEGAL STANDARD UNDER SECTION 333 

a. Airworthiness assessment of the eXom 

Benchmark notes that SenseFly Ltd received an exemption for the eXom. 

b. Operating requirements 

Grant of the exemption to Benchmark for the eXom will be subject to the following operating 

conditions: 

• 1. Operations authorized by this grant of exemption are limited to the SenseFly eXom 

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. In no 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 within 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. It is 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 update 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 be 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 follow 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 FAA 

airman 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 distances 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 be conducted during 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 Directory (AFD) or for airports not denoted 

with an ARP, the center of the airport symbol 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 predetermined 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 manufacturer 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 apply for 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 serial 

number, registered in accordance with 14 CFR part 47, and have identification (NNumber) markings in accordance with 14 CFR part 45, Subpart C. Markings must be as 

large 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 available 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 of 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 properry with 

permission fiom 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 Board (NTSB) per instructions contained on the 

NTSB Web site: www.ntsb.gov. 
3. CONCLUSION 

Benchmark is a Civil Engineering and Siurveying firm. We conduct surveying services for several 

municipalities, while preforming said services our personal at times are placed in unsafe 

environments such as heavy traffic, quan -ies, extreme elevation changes along rivers and 

waterways, etc. The above said eXom will be most effective in collecting the data required to 

complete the above referenced services without putting myself and my personal at risk while 

generating an exceptional mapping product that in the past was not achievable. 

Sincerely, 

4x'~A /,- 

Michael R. Love, PLS 

ANNEX A: EXEMPTION REQUEST AND EQUIVALENT LEVEL OF SAFETY 

SHOWINGS UNDER APPLICABLE RULES SUBJECT TO EXEMPTION 

Benchmark requests an exemption froin the following regulations as well as any additional 

regulations that may technically apply to the operation of the 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 of the eXom, its very 

light weight (the maximum take-off weight is 3.5 pounds) and the limited operating area 

associated with its utilization, it is unnecessary to go througll 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 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 proxilnity to airports and 

populated areas of the UAS involved. An analysis of these different criteria delnonstrates that the 

eXom 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 assessinent for operations with the eXoin, which demonstrates that 

assertion, is also being submitted to the FAA as part of this application. Benchmark requests the 

FAA treat the eXom airworthiness justification as proprietary under 14 C.F.R. 11.35(b) and not 

include this document in the public docket. 

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 person may serve 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 accessible in the aircraft when exercising the privileges of 

that pilot certificate or authorization. However, when the aircrafft 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 employment if: 

(1) The flight is only incidental to that business or employment; 

(2) The aircraft does not carry passengers or property for compensation or hire. 

Given the safety features of the eXom and the fact that the missions are pre-programmed and 

monitored in real-time with a specific flight management software (eMotion X), SenseFly 

proposes that operators of the eXom should not be required to hold a commercial pilot 

certification. Instead, operators should be required to: 

Have a sport or recreational pilot license (at least) and have successfully passed a manufacturer's 

training program for the eXom. 

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 eXom without 

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

of the aircraft 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 populated areas the aircraft cannot be operated closer 

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

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

The equivalent level of safety will be achieved because the eXom will 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 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 exom and the material with which the eXom is built, the hazard to persons, 

vessels, vehicles, and structures is not comparable to manned aircrafft and should be considered in 

granting the exemption. 

Moreover, the aircrafft will not be operated over congested areas nor over any open-air assembly 

of persons. The aircrafft 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 at least 30 minutes. 

Given the area of operation for the eXom, Benchmark believes that an equivalent level of safety is 

already achieved with the specific procedure preventing the eXom 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 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 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. 

Benchmark proposes that the maintenance of the eXom will be accomplished by the 

owner/operator according to the eXom user manual manual, provided by SenseFly. 

An equivalent level of safety will be achieved because the eXom is small in size, it is not a 

complex mechanical device, it will carry no external payload, and it will operate only in restricted 

predetennined areas. Moreover, the operator is the person most familiar with the aircrafft 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 eXom runs automatically a sequence of pre-flight tests to 

make sure that every sensor and every critical part is running properly. If a problem is detected, 

the eXom wi11 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 user manual to troubleshoot 

this issue. Several parts of the eXom are easily interchangeable (propellers, shroudings), which 

allows the operator to make sure the propulsion system and protections are always airworthy 

when a mission is initiated.