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: 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 of 2012 (the “Reform Act”) 

and 14 C.F.R. Part 11, Desert West Land Surveys (“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 surveying 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 aircrafts. 
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 services 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 Aerial Vehicle (UAV) technology, and its associated data, is becoming 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, assessments and hazard identification. UAV 

collected data allows a consultant to depict the project area with greater accuracy, resolution and 

efficiency to better aid clients with project 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 populated environments of 

the workspace, DWLS believes it is relevant to use the Academy of Model Aeronautics (AMA) 

rules to meet the required 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 operators 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 program 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 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 aerial mapping missions

with an on-board GPS, and a related flight-management software (eMotion). eMotion allows the 

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 (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 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 collect timespecific 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 mathematical 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 characteristics

 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 generate a project design, but will be 

limited by the lack of high-resolution information available. Project conditions and terrain 
information 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 strives 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 projects, 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 mitigation 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 under 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 allow DWLS the ability to provide significant cost and time savings for our 

clientele. The terrain data would allow clients to tailor project designs 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 required 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.

Many 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 hoping to stay 

competitive in the land surveying indusrty. Implementing UAV technology 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 in 

order to operate the eBee UAS).

Moreover, DWLS notes that 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 DWLS 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 with 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 & 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;

 All 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 project 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 with manned aircraft operations.
DWLS takes pride in providing a safe working environment for its members and currently has 

excellent safety procedures in place.

c. Operator Requirements

The eBee operator will have a Private Pilot license.

The eBee is an ultra-light UAV platform made of flexible foam with no sharp 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 doing 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 controller 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 landing 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 inflight 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 and 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 for 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 data and hazard identification will continue to increase 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

President of Desert West Land Surveys
ANNEX 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 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. 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): Private 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 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; 

(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 required 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 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-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. DWLS assumes that 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 

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 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, 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 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, DWLS 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.

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 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.

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.pdf
ANNEX C: EBEE AND SENSEFLY DOCUMENTATION, PROPRIETARY 

DOCUMENTS

See email attachment referencing confidential documents associated with this petition filing and 

comment number.