August 6, 2015

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

Re: Additional information for Exemption Request Under Section 333 of the FAA Reform Act and

Part 11 of the Federal Aviation Regulations.

Dear Madam, Sir,

As this exemption request is identical to the already issued precedent, this request should qualify for

summary processing as the FAA has already provided public notice of and granted similar

exemptions. The FAA has issued exemptions in circumstances similar in all material respects to those

presented in this petition. In numerous exemptions, the FAA has found that the enhanced safety

achieved using an unmanned aircraft (“UA”) with the specifications described by the petitioners and

carrying no passengers or crew, when compared to flights of much larger manned aircraft that carry

crew in addition to flammable fuel, gives the FAA good cause to find that the sUAV operation

enabled by the exemptions serves the public interest.1In those cases, use of the proposed sUAV not

only enhanced safety but also fulfilled requirement that all civil aircraft, which includes sUAVs, must

have a current airworthiness certificate.2

PUBLIC INTEREST

The FAA has granted exemptions to the regulations listed in the exemptions cited above. As

discussed in detail for each of these regulations in the attached Appendix A, the public interest will be

served by an exemption because, with respect to each, operation in compliance with the requested

conditions will ensure an equivalent level of safety. As also explained at length in Sensefly’s original

Section 333 exemption request1, the grant of the requested exemption is in the public interest given

the clear direction in Section 333 of the Reform Act; the authority included in the Federal Aviation

Act, as amended; the strong equivalent level of safety surrounding the proposed operations; and the

significant public benefit derived from, among other things, the enhanced safety and reduced

environmental impact, including the reduced emissions associated with allowing battery powered

sUAVs instead of turbine or gas powered aircraft.

*********

1Exemption Nos. 11257 to Montana Land Surveys (see Docket No. FAA-2014-0889), 11285 to Shustz

Surveying, Inc. (see Docket No. FAA−2014−1015)

2

“The Administrator may grant an exemption from a requirement of a regulation prescribed under

subsection (a) or (b) of this section or any sections 44702-44716 of the Transportation Act if the

Administrator finds the exemption in the public interest.” 49 U.S.C.

§44701(f). See also 49 U.S.C. § 44711(a); 49 U.S.C. § 44704; 14 C.F.R. § 91.203(a)(1).

3Exemption No. 11263 to SenseFly Ltd (see Docket No. FAA−2014−0727)
As stated on page 3 of our original request, T Baker Smith intends to safely, efficiently, and

economically perform aerial acquisition and research over the State of Louisiana, Mississippi, and

Texas in support of the, Louisiana CPRA (Coastal Protection and Restoration Authority), and Local

Levee districts. The use of UAS in support of the above entities is of the upmost public interest.

Gathering data via UAS will allow us to collect data safely in environmentally sensitive areas, and

faster than congenital methods; allowing them to make better decisions on how to protect our lively

hood in the fastest eroding wetlands in the country we call Home.

Yours sincerely,

Eric Deroche

Director of Office and Field Technology

T Baker Smith, LLC
ANNEX A: EXEMPTION REQUEST AND EQUIVALENT LEVEL OF SAFETY SHOWINGS

UNDER APPLICABLE RULES SUBJECT TO EXEMPTION

T Baker Smith 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 of the

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. T Baker Smith 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. § 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/nmsu-uasflight-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 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. T Baker Smith assumes that the intent of this requirement is to ensure that

flight manual information is available to the aircrew while operating the aircraft. T Baker Smith

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 as set forth in Exhibit 2. The equivalent

level of safety during the training will be achieved by the manufacturer providing the training as

outlined in Exhibit 2 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 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 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, T Baker Smith 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, T Baker Smith 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.

T Baker Smith proposes that the maintenance of the eBee will be accomplished by the

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

Smith 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 eMotion. 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.