March 13 , 2015

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

Petition for Exemption Under Se ction 333 of the FAA Reform Act
and Part 11 of the Federal Aviation Regulations

Dear Sir or Ma dam

,

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”)
and 14 C.F.R. Part 11, Qk4 , Inc. (“Qk4”) , an operator of the Sensefly eBee Unmanned Aircraft System (“eBee”) seeks an exemption from the Federal Aviation Regul ations (“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. 91.121

• 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 mapping and

land survey ing applications. These operations will be subject to strict operating requirements

defined in the eBee user manual ( Qk4 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 Anne x B), in order to ensure at least an equivalent level of safety to currently authorized operations using

manned aircrafts.

The eBee will be operated by an individual who fulfill s the following requirements as set forth in the proposed rulemaking for the F AA Small UAS operations. The operator will:

• Have passed the FAA written knowledge test for a small UAS and hold a current unmanned aircraft operator certificate with a small UAS rating.

• Be at least 17 years old.

• Make available to the FAA upon request, the small UAS for inspection or testing, and any associated documents or records required to be kept under FAA regulation.• Have assessed weather conditions, airspace restrictions and the location of people to

lessen risks if he or she loses control of the UAS

• Have successfully passed a manufacturer’s training program for the eBee; Qk4 requests the FAA treat the eBee training program as proprietary under 14 C.F.R. 11.35(b) and does

not include thi s document in the public docket;

• M aintain a visual line of sight and avoid manned aircraft. If there is risk of collision, will be the first to maneuver away.

• D iscontinue the flight if there is any evident hazard to other aircraft, people or property

• N ot fly over people , except those with direct knowledge of the flight.

• L imit the flight to 500 feet altitude and f light speeds of less than 100 mp h.

• Avoid airport flight paths and restricted airspace, and will obey any FAA Temporary Flight Restrictions (TFRs).

• Operate in Class G airspace only

• Report any accidental collision that results in injury or property damage to the FAA within 10 days of any operation

.

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 t hat performs pre

- programmed precision aerial mapping

missions thanks to the on

- board GPS and the related flight management software (eMotion) that allows the operator to plan safely and efficiently a mission in 3D, and then monitor it in real

- time.

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

- definition still images that are used later to generate maps and contour lines of the surveyed

area.

The four main characteristics of the eBee are:

a. Very light w eight

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 r educes 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 en gine 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 wit hin 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 eBe e provides an override capability that allows the operator to take manualactions 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

Qk4 is requesting exemption from the aforesaid Title 14 CFR regulations so that it may operate
the eBee for the advancement of UAS applied scien ces that will benefit both Qk4 and its clients in
photogrammetry applications. B y utilizing static, downward facing high resolution cameras, aerial
photogrammetry produced by the eBee allows for the creation of color ortho rectified imagery for
use in digit al CAD software for Geographic Information Systems (GIS), digital aerial
documentation of project sites, visual reference data and Digital Terrain Modeling (DTM).

The advantages of using a small UAS to gather the information verses a manned aircraft may
include but not be limited to: reduced publicly funded project costs to existing government
clients, faster mobilization for the collection of mapping information, reduced safety risks and
higher resolution aerial imagery for greater confidence in horizont al and vertical align ment. Although the mapping produced by the eBee is high quality, color, high resolution imagery, it is
to be noted that data associated with personal identity such as address numbers on homes or
mailboxes, license plate numbers, or per sonal information written in alphanumeric type cannot
be distinguished at the standard flight altitudes. It is the intent of Qk4 to gather all information
and protect personal identity of all property owners within the flight corridor

.

3. APPLICABLE LEGA L STANDARD UNDER SECTION 333

a. Airworthiness assessment of the eBee

Qk4 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 th e New Mexico State University: https://newscenter.nmsu.edu/Articles/view/10208/nmsu

- uas

- flight

- test

center

- conducts

- ebee

- airwo rthiness

- assessment

, the University of Vermont: http://transctr.w3.uvm.edu/wp

- content/uploads/2014/01/Quarterly

- Report_20131231.pdf

, and the

USACE New Orl eans, who coordinated with the Department of Army and the FAA to obtain all authorizations required i n order to operate the eBee UAS).

Moreover, SenseFly obtained flight approvals for the eBee (delivered by national civil aviation authorities) in many cou ntries, 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 op erations)

• 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 Qk4 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, contro lled

- access, or public property where approved;

• 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 a nd obstacles at all

times

• Operations limited to Visual Flight Rules Meteorological Conditions (VMC) and daylight

hours

• Aircraft operations must remain within Visual Line of Sight (VLOS) and will be visually
monitored at all times;

• VLOS guaranteed with a GP S geo

- fence around operator of 0.5 miles

• F light ceiling pre

- programed at 5 00 feet;

• All operations conducted within 5 miles from an airport shall only be initiated after verbal coordination with the airport authority, or air traffic control when a control t ower 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 o perations will be compliant with existing safety procedures inherent to the activities of the related company.

3. CONCLUSION

Qk4 understands the gravity of responsibility associated with this request for exemption. We agree with the FAA that the safety and protection of private property and rights are of top priority when it comes to matters of operating any unmanned aircraft. Our company is committed to acknowledging, understanding, and complying with any laws and regulations associated with

commercial UAS flight.

Qk4 appreciates t he opportunity to request this exemption from the FAA, and will abide by any ruling or guidance given in response to this petition.

Yours sincerely,

Ben Shinabery, PLS Qk4, Inc.

1046 East Chestnut Street
Louisville, KY 4020 4 (502) 585

- 2222 bshinabery@qk4.comANNEX A: EXEMPTION REQUEST AND EQUIVALENT LEVEL OF SAFETY

SHOWINGS UNDER APPLICABLE RULES SUBJECT TO EXEMPTION

Qk4 requests an exemption from the following regulations as well as any additional regulations

that m ay 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 Airworthin ess 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 o f 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, sp eed, 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 exemptio n, 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 applica tion. Qk4 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 ea ch 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 stat ion.

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 Limita tions; 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 speci al 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 fore igncountry, 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 pil ot 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 specific flight managem ent software (eMotion), Qk4 requests that operators of the eBee should not be required to hold a commercial pilot certifica tion. Instead, we propose that our operator s will :

Have a current unmanned aircraft operator certificate with a small UAS rating and have successfully passed a manufacturer’ s training program for the eBee.

14 C.F.R. § 91.7(a): Civil aircraft airworthin ess

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 airwo rthiness 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

• University of Vermont: http://transctr.w3.uvm.edu/wp

- content/uploads/2014/01/Quarterly

Report_20131231.pdf

• 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. Qk4 assumes that the intent of this requirement is to ensure that flight manual information is available to the aircrew while operating the aircraft. Qk4 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 InstructionThe regulation provides that "No person may operate a civil airc raft 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 eM otion. 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 Saf e 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 wil l be operating at a proposed maximum of 5 00 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 t o 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

– Alti meter 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 appropriat e 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 r eference 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 v ariations 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, Qk4 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

airworthine ss 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, Qk4 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 f or 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 comp liance 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 aircr aft for return to service.

Qk4 proposes that the maintenance of the eBee will be accomplished by the owner/operator according to the maintenance manual, provided by SenseFly. Qk4 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 restr icted 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 a utomatically 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

t he 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 alw ays 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