April 15, 2015 

 

 

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE 

Washington, DC 20590 

 

Re: Request for Summary Grant of Exemption Under Section 333 of the FAA Reform Act and 

Part 11 of the Federal Aviation Regulations 

 

Dear Madam or Sir, 

 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”) 

and 14 C.F.R. Part 11 Skanska USA Civil, an engineering and construction company, an operator of the 

eBee (“eBee”) Small Unmanned Aircraft System (‘sUAS’) seeks a summary grant of exemption from the Federal 

Aviation Regulations (“FARs”) listed below based on exemption 11136 previously issued by the 

Federal Aviation Administration on January 5, 2015: 

 

• 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 for aerial imaging and 

survey mapping for safety and monitoring of secured and controlled construction site . The sUAS operations will 

be subject to strict operating requirements defined in the eBee user manual (Skanska USA Civil 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) 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; Skanska USA Civil 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. 

• Has, at a minimum, a Private Pilot license and a third class medical certificate or US Driver’s License. 

 

1. CHARACTERISTICS OF THE AIRCRAFT 

 

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 foam envelope, the eBee takes a collection of 

high-definition still images that are used later to generate maps 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. The 

propeller is attached with a rubber band to the body of 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 analyzes 

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. 

 

 

 

 

 

2. APPLICATIONS 

 

Skanska USA Civil intends to use the eBee to conduct imaging flights for the purpose of safety and survey mapping. 

The aircraft will be used over controlled access property and only be used to image property for which we have 

been contracted by the land owner to do so. Images will be used to increase production, identify environmental 

land issues and allow for land use planning. 

 

 

3. APPLICABLE LEGAL STANDARD UNDER SECTION 333 

 

a. Airworthiness assessment of the eBee 

 

Skanska USA Civil notes that the Federal Aviation Administration has already issued an 

 
exemption specific to the eBee to the previously listed regulations for the same purpose in which 

Skanska USA Civil intends to use the sUAS. 

 

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. Operating requirements 

 

A summary grant of exemption to Skanska USA Civil for the eBee will be subject to the same 

operating conditions issued by the Federal Aviation Administration, without deviation or 

alteration, in exemption No. 11136 on January 5, 2015. The main restrictions are summarized 

below: 

 

 

1. Operations authorized by this grant of exemption are limited to the following aircraft 

 described in the operating documents which is a fixed-wing aircraft weighing 

 approximately 1.5 pounds: senseFly eBee (eBee). Proposed operations of any other 

 aircraft will require a new petition or a petition to amend this grant. 

2. The UA may not be flown at an indicated airspeed exceeding 70 knots. 

3. The UA must be operated at an altitude of no more than 400 feet above ground level 

 (AGL), as indicated by the procedures specified in the operating documents. All altitudes 

 reported to ATC must be in feet AGL. 

4. 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. 

5. All operations must utilize a visual observer (VO). 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. 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 functions prescribed in the operating documents. 

6. The operating documents and this grant of exemption must be maintained 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 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 amendment to its grant of exemption. The FAA’s sUAS 

 Integration Office (AFS-80) may be contacted if questions arise regarding updates or 

 revisions to the operating documents. 

7. Prior to each flight the PIC must inspect the sUAS to ensure it is in a condition for safe 

 flight. If the inspection reveals a condition that affects the safe operation of the sUAS, the 

 aircraft is prohibited from operating until the necessary maintenance has been performed 

 and the sUAS is found to be in a condition for safe flight. The Ground Control Station must 

 be included in the preflight inspection. All maintenance and alterations must be properly 

 documented in the aircraft records. 

8. Any sUAS maintenance or alterations that affect the sUAS operation or flight 

 characteristics, e.g. replacement of a flight critical component, must undergo a functional 

 test flight. The PIC who conducts the functional test flight must make an entry in the 

 aircraft records. 

9. The pre-flight inspection section in the operating documents must account for all 

 discrepancies, i.e. inoperable components, items, or equipment, not already covered in the 

 relevant sections of the operating documents. 

10. The operator must follow the sUAS aircraft/component, maintenance, overhaul, 

 replacement, inspection, and life limit requirements. 

11. The operator must carry out its maintenance, inspections, and record keeping 

 requirements, in accordance with the operating documents. Maintenance, inspection, and 

 alterations must be noted in the aircraft records, including total flight hours, description of 

 work accomplished, and the signature of the PIC returning the sUAS to service. 

12. Each sUAS operated under this exemption must comply with all manufacturer System and 

 Safety Bulletins. 

13. The PIC must make an entry in the aircraft record of the corrective action taken against 

 discrepancies discovered between inspections. 

14. The Pilot in Command (PIC) will be trained in flight, operations and safety procedures as detailed in the Flight 

 Manual. 

15. The operator may not permit any PIC to operate unless that PIC has demonstrated through 

 the operator’s training that the PIC is able to safely operate the sUAS in a manner 

 consistent with how the sUAS will be operated under this exemption, including evasive and 

 emergency maneuvers and maintaining appropriate distances from persons, vessels, 

 vehicles and structures. A record of training must be documented and made available upon 

 request by the Administrator. Flights for the purposes of training the operator’s PICs and 

 VOs (training, proficiency, and experience-building), are permitted under the terms of this 

 exemption. However, said training operations may only be conducted during dedicated 

 training sessions. 

16. sUAS 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. 

17. All operations shall be conducted in Class G airspace. 

18. The UA may not operate within 5 nautical miles of the airport reference point as denoted 

 on a current FAA-published aeronautical chart. 

19. 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. 

20. If the UA loses communications or loses its GPS signal, it must return to a pre-determined 

 location within the planned operating area and land or be recovered in accordance with the 

 operating documents. 

21. The PIC must abort the flight in the event of unpredicted obstacles or emergencies in 

 accordance with the operating documents. 

22. The PIC is prohibited from beginning a flight unless (considering wind and forecast 

 weather conditions) there is enough power to fly at normal cruising speed to the intended 

 landing point and land the UA with 30% battery power remaining. 

 

23. The operator must obtain an Air Traffic Organization (ATO) issued Certificate of Waiver 

 or Authorization (COA) prior to conducting any operations under this grant of exemption. 

 This COA will also require the operator to request a Notice to Airman (NOTAM) not 

 more than 72 hours in advance, but not less than 48 hours prior to the operation. 

24. 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. 

25. Before conducting operations, the radio frequency spectrum used for operation and control 

 of the UA must comply with the Federal Communications Commission (FCC) or other 

 appropriate government oversight agency requirements. 

26. The documents required under 14 CFR 91.9 and 91.203 must be available to the PIC at the 

 Ground Control Station of the sUAS any time the aircraft is operating. These documents 

 must be made available to the Administrator or any law enforcement official upon request. 

27. The UA must remain clear and yield the right of way to all other manned aviation 

 operations and activities at all times. 

28. The sUAS may not be operated by the PIC from any moving device or vehicle. 

29. The UA may not be operated over congested or densely populated areas. 

30. 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 and/or; 

 b. the aircraft is operated near vessels, vehicles or structures where the land 

 owner/controller has granted permission 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, and 

 c. operations nearer to the PIC, VO, operator trainees or essential persons do not 

 present an undue hazard to those persons per § 91.119(a). 

31. All operations shall be conducted over private or controlled-access property with 

 permission from the land owner/controller or authorized representative. Permission from 

 land owner/controller or authorized representative will be obtained for each flight to be 

 conducted. 

32. 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 sUAS 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 

 

This request is designed to follow up on previous efforts by the Federal Aviation Administration 

to determine equivalent levels of safety for sUAS operations. By requesting a summary grant of 

exemption we hope to achieve expedited approval for sUAS operations to the public’s benefit. 

 

Yours sincerely, 

 

Andrew Deveney 

GPS systems Manager 

Skanska USA Civil 

 
ANNEX A: EXEMPTION REQUEST AND EQUIVALENT LEVEL OF SAFETY 

SHOWINGS UNDER APPLICABLE RULES SUBJECT TO EXEMPTION 

 

Skanska USA Civil requests an exemption from the following regulations as well as any 

additional regulations that may technically apply to the operation of the eBee: 

 

14 CFR 61.133: Commercial pilot privileges and limitations. 

 

The regulation provides 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; and (2) The aircraft does not carry passengers 

or property for compensation or hire. 

 

To obtain a commercial pilot certificate a candidate must demonstrate a level of aeronautical 

knowledge and aircraft handling beyond what is required to operate a sUAS. Our proposed 

operations would require that a Pilot-In-Command have the aeronautical knowledge and aircraft 

handling skills currently required obtaining a private pilot certificate. Given the lack of passengers 

or cargo on board the sUAS, controlled access operations area we operate in and the simplicity of 

the sUAS we believe that an equivalent level of safety can be achieved by requiring the pilot in 

command hold, at a minimum, a private pilot certificate and a third class medical certificate or U.S. Driver license. 

 

14 CFR 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 eBee without 

an airworthiness certificate, no standard will exist for airworthiness of the eBee. Given the 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-testcenter-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 eBeeUAS 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 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 of 400 feet AGL, the eBee cannot comply with this requirement. 

 

The equivalent level of safety will be achieved because the eBee 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 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 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 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 

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 CFR 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 eBee, Skanska USA Civil believes that an equivalent level of 

safety 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 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. 

 

Skanska USA Civil proposes that the maintenance of the eBee will be accomplished by the 

owner/operator according to the maintenance manual, provided by SenseFly. Skanska USA Civil 

requests the FAA treat the eBee training program as proprietary under 14 C.F.R. 

11.35(b) and not include this document in the public docket. 

 

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

complex mechanical 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 of pre-flight tests to 

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

the eBee 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 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.