June 23, 2015

Exemption No. 11864 Regulatory Docket No. FAA

– 20 15

- 1111

Mr. Trevor Reno

President Desert West Land Surveys

1751 Overland Avenue Burley, ID 83318

Dear Mr. Reno:

This letter is to inform you that we have granted your request for exemption. It transmits our decision, explains its basis, and gives you the conditions and limitations of the exemption, including the date it ends.

By letter dated April 15, 2015 , you pe titioned the Federal Aviation Administration (FAA) on

behalf of Desert West Land Surveys ( hereinafter petitioner or operator ) for an exemption. The petitioner requested to operate an unmanned ai rcraft system (UAS) to conduct precision land surveying appli cations

.

See Appendix A for the petition submitted to the FAA describing the proposed operations and the regulations that the petitioner seeks an exemption

.

The FAA has determined that good cause exists for not publishing a summary of the petition

in the Federal Register because the requested exemption would not set a precedent, and any delay in acting on this petition would be detrimental to the petitioner.

Airworthiness Certification

The UAS proposed by the petitioner is a SenseFly eBee

.

The petitioner requested relief from 14 CFR part 21, Certification procedures for products and parts, Subpart H

— Airworthiness Certificates . In accordance with the statutory criteria provided in Section 333 of P ublic Law 112

− 95 in reference to 49 U

. S

. C

. § 44704, and in2

consideration of the size, weight, speed, and limited operating area associated with the

aircraft and its operation, the Secretary of Transportation has determined that this aircraft

meets the conditions of Section 333. Therefore, the FAA fi nds that the requested relief from

14 CFR part 21

, Certification procedures for products and parts, Subpart H

— Airworthiness Certificates , and any associated noise certification and testing requirements of part 36, is

not necessary.

The Basis for Our Decis ion

You have requested to use a UAS for aerial data collection 1

. The FAA has issued grants of exemption in circumstances similar in all material respects to those presented in your petition. In Grants of Exemption No s

. 11062 to Astraeus Aerial ( see Docket No. FAA−2014−0352), 11109 to Clayco, Inc. ( see Docket No. FAA

− 2014

− 0507), 11112 to VDOS Global, LLC ( see Docket No. FAA−2014−0382), and 11213 to Aeryon Lab s , Inc. ( see Docket No. FAA−2014−0642), the FAA found that the enhanced safety achieved using an unmanned aircraft (UA) with the specifications described by the petitioner and carrying no passengers or crew, rather than a manned aircraft of significantly greater proportions, carrying crew in addition to flammable fuel, gives the FAA good cause to find that the UAS operation enabled by this exemption is in the public interest.

Having reviewed your reasons for requesting an exemption, I find that

—

 They are similar in all material respects to relief previously requested in Grant of Exemption Nos. 11062, 11109, 11112, and 11213 ;

 The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and

11213 also apply to the situation you pre sent; and

 A grant of exemption is in the public interest.

Our Decision

In consideration of the foregoing, I find that a grant of exemption is in the public interest. Therefore, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701, delegated to me by the Administrator, Desert West Land Surveys is granted an exemption

from 14 CFR §§ 61.23(a) and ( c ), 61.101(e)(4 ) and (5), 61.113(a), 61.315(a) , 91.7(a), 91.119(c), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b), to the extent necessary to allow the petitioner to ope rate a UAS to perform aerial data

collection

. This exemption is subject to the conditions and limitations listed below.

1 Aerial data collection includes any remote sensing and measuring by an instrument(s) aboard the UA. Examples include imagery (photography, video, infrared, etc.), electronic measurement (precision surveying, RF analysis, etc.), chemical measurement (part iculate measurement, etc.), or any other gathering of data by

instruments aboard the UA.3

Conditions and Limitations

In this grant of exemption, Desert West Land Surveys is hereafter referred to as the operator.

Failure to comply with any of the conditions and limitations of this grant of exemption will be grounds for the immediate suspension or rescission of this exemption.

1. Operations authorized by this grant of exemption are limited to the SenseFly eBee 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 gr eater 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 operatio ns 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 ;

e lectronic 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 PI C 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 proce dures outlined in the operating documents, the conditions and limitations herein take precedence and must be followed.4

Otherwise, the operator must follow the procedures as outlined in its operating documents. The operator may update or revise its operat ing 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 pet itions 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 exempti on. The FA A’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 operati on.

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 e xemption, 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 Col u m bia, Puerto Rico, a territory, a possession, or the Federal government. The PIC must also meet the flight revi ew 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 permi t any PIC to operate unless the PIC demonstrates the ability to safely operate the UAS in a manner consistent with how the UAS will be5

operated under this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from perso ns, 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 (traini ng, proficiency, and experience

- buildi ng) 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 dedica ted training sessions. During

traini ng, 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 accorda nce 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 symbo l as denoted on the current

FAA

- publis hed 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 sign al, the UA must return to a

pre

- determined location within the pr ivate 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 T raffic Organization (ATO) Certificate of Waiver or Authorization (COA). All operations shall be cond ucted 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 con ducted 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 identification6

(N− Number) markings in accordance with 14 CFR pa rt 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 St ation 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 t imes.

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 th at 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 p rotection 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 control led

- access property with permission from the property owner/controller or authorized representative. Permission from property owner/controller or authorized representa tive 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 FA A'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

.

If this exemption permits operations for the purpose of closed

- set motion picture and television filming and production, the following additional conditions and limitations apply.7

29. The operator must have a motion picture and television operations manual (MPTOM) as documented in this grant of exempti on.

30. At least 3 days before aerial filming, the operator of the UAS affected by this exemption must submit a written Plan of Activities to the local Flight Standards District Office (FSDO) with jurisdiction over the a rea of proposed filming. The 3

- day

not ification may be waived with the concurrence of the FSDO. The plan of activities must include at least the following:

a. Dates and times for all flights;

b. Name and phone number of the operator for the UAS aerial filming conducted under this grant of exemption ;

c. Name and phone number of th e person responsible for the on

- scene operation of the UAS;

d. Make, model, and serial or N− Number of UAS to be used;

e. Name and certificate number of UAS PICs involved in the aerial filming;

f. A statement that the operator has obtain ed permission from property owners and/or local officials to conduct the filming production event; the list of those who gave permission must be made available to the inspector upon request;

g. Signature of exemption holder or representative; and

h. A descriptio n of the flight activity, including maps or diagrams of any area, city, town, county, and/or state over which filming will be conducted and the altitudes essential to accomplish the operation.

31. Flight operations may be conducted closer than 500 feet from participating persons consenting to be involved and necessary for the filming production, as specified in the exemption holder’s MPTOM.

Unless otherwise specified in this grant of exemption, the UAS, the UAS PIC, and the UAS operations must comply with al l applicable parts of 14 CFR including, but not limited to,

parts 45, 47, 61, and 91.

This exemption terminates on June 30, 2017 , unless sooner superseded or rescinded.

S incerely,

/s/

John S. Duncan Director, Flight Standards Service

Enclosures

# DESERT WEST LAND SURVEYS, P.C.

Desert West Land Surveys

1751 Overland Avenue Burley, Idaho 83318

April 15th

, 2015

U.S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE Washington, DC 20590

Re: Exemp tion 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, Desert West Land Surve ys (“DWLS ”), 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. 91.151(a)

 14 C.F.R. 91.203(a) & (b)

 14 CFR Subpart E (91.401

- 91.417)

The requested exemption would authorize commercial operations using the eBee for precision
land su rveying applications by DWLS in the States of Idaho & Utah . These operations will be subject to strict operating requirements defined in the eBee user manual ( DWLS 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 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 air crafts.Desert West Land Surveys ( DWLS ) is a land surveying company based in Burley, Idaho serving

Idaho and Northern Utah

. Our team of employees is specialized to provide high

- resolution, accurate spatial data and consulting servic es to clients seeking services of the land surveying industry

. DWLS is committed to providing innovative products and dependable service to help its clients excel in their highly competitive industries.

Unmanned A erial Vehicle (UAV) technology

, and its associated data

, is beco ming a desirable

deliverable within the land surveying industry . As client requirements continue to evolve, traditional GPS data collection, available imagery, and surface models lack resolution and accuracy necessary for elite project planning, assessment s and hazard identification. UAV

collected data allows a consultant to depict the project area with greater accuracy, resolution and efficiency to better aid client s with pr oject design and analysis. As importantly, the unmanned aspect reduces the risk of placing employees in perilous environments.

Given the technical specifications of the eBee and the rural, sparsely populate d environments of

the workspace, DWLS believes it is relevant to use the Academy of Model Aeronautics (AMA) rules to meet the requir ed level of safety of future eBee operations. The AMA has a proven track record in supervising operations conducted by operators using remote controlled aircrafts and provides the most relevant expertise in terms of providing safety guidelines for operator s using

ultra

- light remote controlled aircraft.

The eBee will be operated by an individual who fulfill the following requirements:

 Has successfully passed a manufacturer’s training program for the eBee; DWLS requests the FAA treat the eBee training progr am as proprietary under 14 C.F.R. 11.35(b) and does not include this document in the public docket.

 Is a registered member of the AMA.

 Has a valid driver’s license

.

 Has a Private Pilot ’s license.

1. CHARACTERISTICS OF THE AIRCRAFT

The eBee is a smal l (37.8 inches wingspan) and ultra

- light (maximum take

- off weight of 1.7

po unds) platform made of flexible

- foam that performs pre

- programmed aerial mapping missions
with an on

- board GPS , and a related flight

- management software (eMotion) . eMotion allows th e operator to safely and efficiently plan a flight in 3D , and then monitor the mission in real

- time. Thanks to the embedded camera, protected by a foam envelope, the eBee takes a collection of high

- definition still images used to generate dynamic maps and contour lines of the targeted
terrain.

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 (b elly land). Its low impact energy ( 38 J in case of acontrolled 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

c ase 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 o f 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) a nd also suspend automated operations and take manual control of the aircraft should it become necessary to respond to emergent circumstances, thanks to the remote controller provided with the system.

2. APPLICATIONS

DWLS intends to plan and implement an aerial data collection program using precision GIS techniques

, and senseFly’s eBee in order to assist its clients in project decision

- making and to increase data accuracy.

Using the eBee’s sensor technology, the consultants at DWLS will be able to collec t time

specific imagery and elevation information. Once the entire terrain of interest is flown, images collected during the flight will be merged together in a software program to make a complete photographic and terrain project map. Using specific mathem atical equations within the Postflight Terra 3D software, project field conditions, terrain characteristics and potential hazard areas can be easily identified.

The eBee will be used to evaluate information, including but not limited to:

 Topographic char acteristics

 Volumetric estimates

 Slope and terrain impediments

 Natural and cultural resource identification

 As

- built feature identification and analysis

 Hazard evaluation

 Project design evaluations

Frequently, the client ’s geophysicist or engineer will g enerate a project design, but will be limited by the lack of high

- resolution information available. Project conditions and terraininformation are exponentially important to project success and design. Especially with regard to

information gathered during the specific time period the field operations are expected to occur

within.

The most readily available information either lacks the required detail, or was captured during a time period that is not relevant to the expected field operation schedule. DWLS s trives to eliminate the guesswork out of project planning and design. By using real

- time, aerial imagery to study time

- specific field conditions and three dimensional terrain data, DWLS can better provide clients, and the general public impacted by these p rojects, with a clear picture of the potential complications and hazards regarding project completion. This would aid in meeting project

deadlines

, and allow clients to create informed designs while also ensuring field crews are operating in a safe manner.

The end goal at DWLS is to use data produced by the eBee to provide clients and stakeholders

with real

- time, aerial imagery and terrain models to evaluate project design, gather volumetric measurements, assess cultural and biological resources for mitiga tion as well as providing health and safety information to lower risk exposure to field operation personnel.

 Annex C describes applications and reasoning in more detail. DWLS requests the FAA treat the eBee training program and Annex C as proprietary unde r 14 C.F.R. 11.35(b) and not include this document in the public docket.

Overall, UAV technology offers a substantial economic benefit to the land surveying industry

. The eBee would all ow DWLS the ability to provide s ignificant cost and time savings for o ur
clientele . The ter rain data would allow clients to tailor project design s to field conditions

, and mitigate potential areas of risk to productivity or personnel. This will also save time and money by minimizing the amount of design modifications require d to complete a project. This technology is not only cost effective for our clients , but will also reduce DWLS ’s fuel and maintenance expenses by reducing the amount of time a technician needs to spend collecting

field information with a handheld GPS.

Man y companies have received approval from the FAA to perform similar operations. Trimble Navigation Limited, VDOS Global, Clayco Inc. and Woolpert Inc. are currently approved in the United States to perform similar operations with UAV equipment. DWLS is hopi ng to stay competitive in the land surveying indusrty . Implementing UAV tec hnology will improve DWLS services and increase efficiency and safety within our industry.

3. APPLICABLE LEGAL STANDARD UNDER SECTION 333

a. Airworthiness assessment of the eBee

DWLS 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/10208/nmsu

- uas

- 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 i n order to operate the eBee UAS).

Moreover, DWLS notes that s enseFly obtained flight approvals for the eBee (delivered by national civil aviation authorities) in many countries, amo ng 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)

 U nited 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 DWLS for the e Bee 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

- acces s, or public property where approved with p ermission 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 a ircraft, 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 of Sight ( VLOS) and will be visually monitored at all times;

 Visual Line of Sight operations guaranteed with a GPS geo

- fence around operator of 0. 5
miles ;

 Flight ceiling pre

- programed at or below 400 feet;

 A ll operations conducted within five 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 permissions 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. A large percentage of projec t locations serviced by DWLS is in isolated, rural, nonresidential

areas. Before an area is flown, DWLS will request written permission from each property owner. With the geo

- fence incorporated within the flight management software, DWLS will avoid flying
over houses and yards as much as reasonably possible. The flight ceiling will be pre

- programmed no higher than 400 feet to ensure the aircraft will not fly over the height specified by the AMA. By staying below this level, the eBee should not interfere wit h manned aircraft operations.DWLS takes pride in providing a safe workin g environment for its members and currently has

excellent safety procedures in place

.

c. Operator Requirements

The eBee operator wi ll have a Private Pilot license.

The eBee is an ultra

- light UAV platform made of flexible foam with no sh arp or hard edges characterized by a high level of pre

- programmed controls and various technical capabilities (programming of a geo

- fence, automatic wind detection) that prevent the operator from doi ng a mission outside of the operating limits. All flights are pre

- programmed with GPS guidance and do not require human intervention; nevertheless human override is possible by clicking on one of the multiple “action” buttons or by using the remote control ler provided with each eBee system. In the case of unplanned events, either the autopilot reacts immediately or the operator can choose between different pre

- programmed or manual actions. Those procedures include a Flight Termination System (emergency land ing procedure, triggered by the autopilot or the operator in charge: given its very light weight, the eBee will initiate a gliding approach to the ground at very low speed around the current location). Moreover, the kinetic energy of the aircraft is 60 J i n

flight at cruise speed . In comparison, the kinetic energy of a football is about 110 J when thrown by hand

.

Given these safety features recognized by the U.S. Army Corps of Engineers and the national aviation authority of several countries, MSI requests an exemption from the airworthiness certification requirements in Part 21 and the concomitant requirements in 14 C.F.R. 91.7(a)) and 91.203 to operate an airworthy aircraft. Instead, operators of the eBee will:

 Have completed an AMA affiliated small UAS education and training program and achieved an AMA UAS endorsement, or have successfully completed a small UAS education and training program provided by any FAA qualified entity, and;

 Have passed SenseFly’s training program for operation of the UAS. The manufacturer’s training program for operators has been already satisfactorily reviewed through the Application for Airworthiness Qualification Level (AQL) 3 Airworthiness Release (AWR).

DWLS also seeks an exemption from certain requirements in Parts 45 a nd 91 that are impractical as well as unnecessary for UAS operations. Please see Annex A for a detailed explanation of each regulation from which an exemption is sought and the equivalent level of safety showing.

3. CONCLUSION

DWLS , in association with senseFly and the Academy of Model Aeronautics organization, who has a deep and well

- known experience in terms of safe integration of remote controlled aircrafts in the National airspace for low

- level operations, provides here adequate justification f or the grant of the requested exemption allowing safe precision land surveying operations of the eBee in the National Airspace System.The value that the eBee could bring to the land surveying industry is invaluable. The demand for

improved, accurate dat a and hazard identification will continue to in crease as the economy

within DWLS ’s industry continues to progress

. The safe integration of the eBee system will greatly benefit the company economically and professionally.

Yours sincerely,

Trevor Reno

Pres ident of Desert West Land SurveysANNEX A: EXEMPTION REQUEST AND EQUIVALENT LEVEL OF SAFETY

SHOWINGS UNDER APPLICABLE RULES SUBJECT TO EXEMPTION

DWLS 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 2 1, 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 requ irements 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

cons ideration of the size, weight, speed, operational capability, and proximity to airports and populated areas of the UAS involved. An analysis of these different criteria demonstrates that the eBee operated without an airworthiness certificate, under the con ditions 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 t o the FAA as part of this application. MSI 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 of the eBee (wingspan of 37.8 inches), this requirement is impossible to match.

14 C.F.R. § 61.3: Requirements for certificates, ratings and authorizations 14 C.F.R. § 61.113(a) & (b); 61.133(a): P rivate 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 aircraft 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 incommand of an aircraft for compensation or hire. Sub paragraph (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 eBee and the fact that the missions are pre

- programmed and
monitored in real

- time with a specific flight management software (eMotion), SenseFly proposes that operators of the eBee should not be requ ired to hold a commercial pilot certification. 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 airworthiness

This r egulation 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/nmsu

uas

- flight

- test

- center

- conducts

- ebee

- airworthiness

- assessment

 USACE New Orleans, who coordinated with the Department of Army and the FAA to obtain all authorizations required in o rder 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 ma nuals 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

m anual is in the aircraft. DWLS assumes tha t the intent of this requirement is to ensure that flight
manual information is available to the aircrew while operating the aircraft. DWLS requests an exemption to this requirement since the aircraft is not only too small to carry documentation, the
docum entation 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 th at "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 mod e of the flight management software eMotion. The equivalent level of safety during the training will be achieved by the manufacturer or authorized distributor providing thetraining and through the use of experienced and qualified operators familiar with t he 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
maxim um 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.

Mor eover, 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 s urface.

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 be low 18,000 feet MSL to:

 The current reported altimeter setting of a station along the route and within 100 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 altim eter 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 eB ee 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 b arometric 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, DWLS 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 impleme nted 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 approp riate 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 e ntrance 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 pil ot or passengers on board the aircraft.

To obtain an equivalent level of safety and meet the intent of 91.203, DWLS propose that documents deemed appropriate for this aircraft by the FAA will be co

- located with the operator at the ground control station i n 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
airwo rthy 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 annu al 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 re cords of approval of the aircraft for return to service.

DWLS proposes that the maintenance of the eBee will be accomplished by the owner/operator according to the maintenance manual, provided by SenseFly. DLWS requests the FAA treat the eBee training pr ogram 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, a nd 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, befo re 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 o n 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 win gs and propulsion system are always airworthy
when a mission is initiated.

ANNEX B: ACADEMY OF MODEL AERONAUTICS SAFETY REQUIREMENTS

http://www.modelaircraft.org/files/105.pdf http://www.modelaircraft.org/files/540

- D.pdf http://www.modelaircraft.org/files/560.pdfANNEX C: EBEE AND SENSEFLY DOCUMENTATION, PROPRIETARY

DOCUMENTS

Se e email attachment referencing confidential documents associated with this petition filing and

comment number.