ltlfilude Land Consulfinq, P.C 

Engineering I Surveying I Consulting 

August 25, 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 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 

exemption from the Federal Aviation Regulations ("F ARs") listed below: 

• 14 C.P.R. 21 

• 14 C.P.R. 45.23 

• 14 C.F.R 45.29 

• 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 exemption would authorize commercial operations using the eBee for mapping and 

survey applications. These operations will be subject to strict operating requirements defined in 

the eBee user manual (Altitude Land Consulting requests the FAA treat the eBee training program 

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

and conditions defined by the Safety Code of the Academy of Model 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; Altitude Land 

Consulting~ requests the FAA treat the eBee training program as proprietary under 14 

C.P.R. 11.35(b) and does not include this document in the public docket. 

P.O. Box 502 I 500 W. Lott St. I Buffalo, WY 82834 I (P) 307.684.1200 I (F) 307.684.1202 I info@alcwy.com 

.- -~ .-
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 

The eBee will be used to map for natural resources, endangered species and plant life, 

topography, as-built construction conditions and progress, quarry and mining operations 

(noncongested areas), and crew training. 
3. APPLICABLE LEGAL STANDARD UNDER SECTION 333 

a. Airworthiness assessment of the eBee 

Altitude Land Consulting notes that the airworthiness of the eBee has 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/ I 0208/nmsuuas-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, 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 

Grant of the 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 Annex B). The main restrictions are summarized below: 

• Operations to be conducted over private, controlled-access, or public property where 

approved; 

• Permission from the land owner/authority required before commencing any flight; 

• Operations over congested areas shall be avoided; 

• Operations must not interfere with manned aircraft operations, must yield the right of way 

to manned aircraft, and operators must See & A void 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 of Sight (VLOS) and will be visually 

monitored at all times; 

• VLOS guaranteed with a GPS geo-fence around operator of 0.5 miles 

• Flight ceiling pre-programed at 400 feet; 

• All operations conducted within 5 miles from an airport shall only be initiated after verbal 

coordination with the airport authority, or air traffic control when a control tower is 

present at the airport; 
• All operations shall comply with required perm1sswns and permits established by 

territorial, state, county or city jurisdictions; including local law enforcement, fire, or other 

appropriate governmental agencies. 

• The eBee operations will be compliant with existing safety procedures inherent to the 

activities of the related company . 

• 

c. Operator Requirements 

The eBee operator will have successfully completed the written test of the Private Pilot license .. 

3. CONCLUSION 

Altitude Land Consulting is a private professional engineering and professional land surveying 

company. We are engaged in providing professional consulting services which requires high 

precision mapping equipment for a wide variety of projects. Our services and products save our 

clients time giving the ability for them to make better decisions. The eBee is safer than having 

Altitude Land Consulting's employees out in the field for specific projects, and also very safe for 

other aircrafts because of the mission specifications (below 400ft.) and eBee integrated safety 

features. 

We are prepared to modify or amend any part of this request to satisfy the need for an equivalent 

level of safety. We look forward to working with your office. Please contact us at any time if you 

require additional information or clarification 

~ t 

Clint B. Culliton, P.E., P.L.s.; 

President 

Altitude Land Consulting 
ANNEX A: EXEMPTION REQUEST AND EQUIVALENT LEVEL OF SAFETY 

SHOWINGS UNDER APPLICABLE RULES SUBJECT TO EXEMPTION 

ALTITUDE LAND CONSULTING requests an exemption from the following regulations as well 

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

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 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 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 ofthe 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. A proprietary risk assessment for operations with the eBee, which demonstrates that 

assertion, is also being submitted to the FAA as part of this 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 in the public docket. 

14 C.F.R. § 45.23 & 14 C.F.R. § 45.29: Display of marks; size of marks 

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), this requirement is impossible to 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 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-test-center-conducts-ebee-airwoiihiness-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 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 of this 

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 of safety will be achieved by keeping a hard copy of the flight manual in the 

eBee transportation box. 

14 C.F.R. § 91.109(a) & 91.319(a)(1): Flight Instruction 

The regulation provides that "No person may operate a civil aircraft that is being used for flight 

instruction unless 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 and through the use of experienced 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 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 91.121- Altimeter settings 

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 

operating below 18,000 feet MSL to: 
• The current reported altimeter setting of a station along the route and within 1 00 nautical 

miles of the aircraft; 

• If there is no station within the area prescribed in paragraph (a)(1)(i) of this section, the 

current reported altimeter setting of an appropriate available station; 

• In the case of an aircraft not equipped with a radio, the elevation of the 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, 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 of intended landing and to fly after 

that for at least 30 minutes. 

Given the area of operation for the eBee, ALTITUDE LAND CONSULTING 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 C.F.R. § 91.203 (a) & (b): Carrying Civil Aircraft 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) of this 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-off weight). As such, there is no ability or place to 

carry certification and registration documents or to display them on the UAS. In addition, there is 

no pilot or passengers on board the 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 

inspection upon request 

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. 

ALTITUDE LAND CONSULTING proposes that the maintenance of the eBee will be 

accomplished by the owner/operator according to the maintenance manual, provided by SenseFly. 

ALTITUDE LAND CONSULTING requests the FAA treat the eBee training program as 

proprietary under 14 C.P.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. 

ANNEX B: ACADEMY OF MODEL AERONAUTICS SAFETY REQUIREMENTS 

http:/ /www.modelaircraft.org/files/1 05 .pdf 

http://www.modelaircraft.org/files/540-D.pdf 

http://www .modelaircraft.org/files/5 60. pdf