ltlfilude Land Consulfinq, 

### P.C Engineering I Surveying I Consulting

August 25, 2015

U.S. Department ofTransportation DocketManagement System 1200 NewJersey Ave., SE Washington, DC 20590 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.P.R. Part 11, ALTITUDE LAND CONSULTING,PC. ("ALTITUDE LAND CONSULTING"), an operator of the eBee Unmanned Aircraft System ("eBee") seeks an exemptionfrom the Federal AviationRegulations ("FARs") listedbelow: 

## • 14 C.P.R. 21 

## • 14 C.P.R. 45.23 

## • 14 C.F.R45.29 

## • 14 C.P.R. 61.133(a) 

## • 14 C.P.R. 91.7(b) 

## • 14 C.P.R. 91.9(b)(2) 

## • 14 C.P.R. 91.109(a) 

## • 14 C.P.R. 91.119 

## • 14 C.P.R. 91.151(a) 

## • 14 C.P.R. 91.203(a) & (b) 

## • 14 CFR Subpart E (91.401

- 91.417) The requested exemptionwould authorize commercial operations using the eBee for mapping and survey applications. These operations will be subject to strict operating requirements defined in the eBee usermanual (Altitude Land Consultingrequests the FAAtreatthe eBee training program as proprietary under 14 C.P.R. 11.35(b) and does not include this document inthe 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 ofsafety to currently authorized operations using manned aircrafts. The eBee will be operatedby an individual who fulfill the following requirements:

• Has successfully passed a manufacturer's training program for the eBee; Altitude Land**Consulting~** requests the FAA treat the eBee training program as proprietary under 14 C.P.R. 11.35(b) and does notincludethis document inthe public docket.

P.O. Box 502 

### I500 W. Lott St. 

### I Buffalo, WY 82834 

### I (P) 307.684.1200 

### I(F) 307.684.1202 

### I info@alcwy.com .-**-~** .-1. CHARACTERISTICS OF THEAIRCRAFT 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 operator to plan safely and efficiently a missionin 3D, and thenmonitoritinreal-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 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 significantlyreduces the risk ofhazardous situations. Finally, the wings ofthe eBee are detachable and made offlexible foam with no sharp or hard edges and almostno 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 bandto the body oftheplane so that it can easily flex away in case ofcontactwithany 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 of all the aspects ofthe 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 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, thanksto theremote controllerprovidedwiththe system.

2. APPLICATIONS The eBee will beusedto map for natural resources, endangered species andplantlife, topography, as-built construction conditions andprogress, quarry andmining operations (noncongested areas), and crewtraining.3. APPLICABLE LEGAL STANDARD UNDER SECTION333

a. Airworthiness assessment ofthe eBee Altitude Land Consulting notes that the airworthiness ofthe eBee has already been demonstrated for different projects in the United States, involving state/federal agencies or universities (among others the NewMexico State University: https:/ /newscenter.nmsu.edu/Articles/view/I0208/nmsuuas-flight-test-center-conducts-ebee-airworthiness-assessment, and the USACE New Orleans, who coordinated with the Department ofArmy and the FAA to obtain all authorizations required in orderto operatethe eBee UAS). Moreover, SenseFly obtained flight approvals for the eBee (delivered by national civil aviation authorities) inmany 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 ofthe exemption to Altitude Land Consulting for the eBee will be subject to the following operating conditions, based on the operating conditions set forth by the Academy of Model Aeronautics (see AnnexB). Themainrestrictions are summarizedbelow:

• Operations to be conducted over private, controlled-access, or public property where approved; • Permission from the land owner/authorityrequiredbefore commencing any flight; • Operations over congested areas shall be avoided; • Operations mustnot 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 guaranteedwith a GPS geo-fence around operator of0.5 miles • Flight ceilingpre-programed at 400 feet; • All operations conductedwithin 5miles from anairport shall onlybe initiated afterverbal coordination with the airport authority, or air traffic control when a control tower is present atthe airport;• All operations shall comply with required perm1sswns and permits established by territorial, state, county orcityjurisdictions; including local lawenforcement, fire, or other appropriate governmental agencies. • The eBee operations will be compliant with existing safety procedures inherent to the activities ofthe related company. 

# • c. OperatorRequirements

The eBee operatorwill have successfully completed the writtentest ofthe Private Pilot license

.. 3. CONCLUSION Altitude Land Consulting is a privateprofessional engineering andprofessional land surveying company. We are engagedinprovidingprofessional consulting services whichrequires high precisionmapping equipmentfor a wide variety ofprojects. Our services andproducts save our clientstime giving the ability for themto make betterdecisions. The eBee is saferthanhaving Altitude Land Consulting's employees out in the field for specific projects, and also very safe for other aircrafts because ofthe mission specifications (below400ft.) and eBee integrated safety features. We are prepared to modify or amend any part ofthis requestto satisfy the need for an equivalent level ofsafety. We look forward to working with your office. Please contactus at any time ifyou require additional information orclarification 

# t**~** Clint B. Culliton, P.E., P.L.s.; President Altitude Land ConsultingANNEXA: EXEMPTIONREQUESTAND EQUIVALENTLEVEL OF SAFETY SHOWINGS UNDERAPPLICABLERULES SUBJECTTOEXEMPTION ALTITUDE LAND CONSULTINGrequests 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: Airworthiness Certificates 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 Part 21 Subpart H in orderto achieve or exceed 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 AviationAct and Section 333 ofthe Reform 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 oftheUAS 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. ALTITUDE LAND CONSULTING requests the FAA treat the eBee risk assessment as proprietary under 14 C.F.R. 11.35(b) and not include this document inthe public docket.

14 C.F.R. 

### §45.23 & 14 C.F.R. 

### § 45.29: Display ofmarks; size ofmarks 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. Giventhe size oftheeBee (wingspan of37.8 inches), this requirement is impossibleto 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 ofthe eBee without an airworthiness certificate, no standard will exist for airworthiness ofthe eBee. Given the size of the aircraft andthe previous airworthiness assessments givento the eBee, among others:

• New Mexico State University: https://newscenter.nmsu.edu/Articles/view/10208/nmsuuas-flight-test-center-conducts-ebee-airwoiihiness-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 photographyofUSACE structures & activities An equivalent level ofsafety will be achieved by insuring compliance withthe SenseFly manuals priorto eachflight. 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. ALTITUDE LAND CONSULTING assumes that the intent ofthis requirement is to ensure that flight manual information is available to the aircrew while operating the aircraft. ALTITUDE LAND CONSULTING requests an exemption 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 ofsafety will be achieved by keeping a hard copy ofthe flight manual in the eBee transportation 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 instructionunless that 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 manufacturer or authorized distributor providing the training andthroughtheuse ofexperienced 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 operated closer than 500 feet to any person, vessel, vehicle, or structure. Since the aircraft will be operating at a maximum of400 feet 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 arearadius and aflight area ceiling, preventingthe eBee to go beyondthe 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 onthe ground. Due to 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 shouldbe 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 emergencylanding without undue hazardto persons orproperty onthe surface. 14 CFR91.121- Altimeter settings This section requires that each person operating an aircraft shall maintain the cruising altitude or flight level ofthat aircraft, as the case may be, by reference to an altimeter that is set, when operatingbelow 18,000 feet MSL to:• 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)(1)(i) ofthis section, the currentreported altimeter setting ofan appropriate available station; • In the case ofan aircraftnot equipped 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-flight tests. 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, barometricbias inducedby 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 that for at least 30 minutes. Given the area ofoperation for the eBee, ALTITUDE LAND CONSULTING believes that an equivalent level ofsafety 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 inthese situations. 14 C.F.R. § 91.203 (a) & (b): Carrying CivilAircraft Certification and Registration This regulation 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 at the cabin or cockpit entrance so that it is legible to passengers or crew. The eBee weighs only 1.7 pounds (max take-offweight). As such, there is no ability orplace to carry certification and registration documents orto display them onthe UAS. In addition, there is no pilot orpassengers onboardthe aircraft. To obtain an equivalent level of safety and meet the intent of 91.203, ALTITUDE LAND CONSULTING 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 inspectionuponrequest 14 CFRSubpartE (91.401 - 91.417)- Maintenance, PreventiveMaintenance, and Alterations The regulation provides thatthe operatoris primarilyresponsible for maintaining the aircraft in an airworthy condition, including compliance with Parts 39 and 43. Paragraphs 91.407 and 91.409 require thatthe aircraftbe "approvedfor returnto service by a person authorized under 43.7" after maintenance and inspection. Section 91.409(a)(2) requires an annual inspection for the issuanceofan 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, or licensedpilots andrecords ofapproval ofthe aircraft for returnto service. ALTITUDE LAND CONSULTING proposes that the maintenance of the eBee will be accomplishedbythe owner/operator according to the maintenance manual, provided by SenseFly. ALTITUDE LAND CONSULTING requests the FAA treat the eBee training program as proprietaryunder 14 C.P.R. 11.35(b) and not include this documentinthepublic docket. An equivalent level of safety will be achieved because the eBee is small in size, it is not a complex mechanical device, itwill 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 able to be switched-on and amessage erroris displayed onthe 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. ANNEXB: ACADEMY OF MODELAERONAUTICS SAFETY REQUIREMENTS http:/ /www.modelaircraft.org/files/105.pdf http://www.modelaircraft.org/files/540-D.pdf http://www.modelaircraft.org/files/560.pdf