# 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.