1 Exhibits to this petition contain proprietary information, an in accordance with 14 C.F.R. § 11.35 (b), are not to be include d in the Federal

Docket Management System (FDMS). Pursuant to Section 11.35 (b) , the FAA has mandated that “when we are aware of proprietary information filed with a comment, we do not place it in the docket. We hold it in a separate file to which the public does n ot have ac cess, and place a note in the docket that we have received it.” Page | 1 1600 Genessee, Suite 860 Kansas City, MO 64102 www.tukuh.com U.S. Department of Transportation April 2, 2015 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 Sir or Madam:
Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) and 14
C.F.R. § 11 .61 , Tukuh Technologies

, LLC ( Tukuh ) hereby petitions for an exemption from the listed Federal Aviation Regulati ons (“FARs”) det ailed below and in Appendix A for commercial operation of the

e B ee Unmanned Aircraft System manufactured by SenseFly SA of Switzerland.

 14 C.F.R. § 61.113(a) & (b)

 14 C.F.R § 91.7 (a)

 14 C.F.R. § 91.119 (c)

 14 C.F.R. § 91.151 (a) (1)

 14 C.F.R. § 91.405 ( a)

 14 C.F.R § 91.407 (a) (1)

 14 C.F.R. § 91.409(a) (1) and (2)

 14 C.F.R § 91.417 (a) and (b)

T he requested exemption would authorize the eBee unmanned aircraft system (UA S ) operations to conduct aerial imaging for the agriculture, energy production and t ransmission, engineering, manufacturing and construction industries for mapping, survey ing and inspections operations. Use of the e Bee will reduce the need to operate conventional aircraft for mapping and surveying, as well as more expensive equipment cur rently required to perform inspections of power transmission systems, pipeline systems, vertical structures and other types of infrastructure.

The public benefit s in using a UAS compared to conventional aircraft or other equipment is an equivalent or gr eater level of safety to the public and/or operators of both airborne or land based equipment

, often in dangerous environments that involve hazardous materials, high voltage, high height s and/or extreme temperatures. Addition al benefits occur when UAS oper ations for critical infrastructure inspection are significantly faster than conventional methods , thereby allowing for a more timely assessment of risk, repair, and/or mitigation of potential failures. Lastly, a significant public benefit is the zero carb on foot print of the UAS compared to alternative options.

Tukuh UA flight operations will be subject to strict requirements and in conditions that ensure at least an equivalent level of safety to currently authorized operations using manned aircraft

, and under conditions as may be modified by the FAA as required by Section 333. All of the UA flight operations will be flown in accordance with the Tukuh UAS Aviation Standard Operating Procedures Manual 1 (TASOP) and the specific UAS manufacturer User Manual 1 (SenseFly

- eBee). Maintenance will be in accordance with the specific UAS manufacturer Maintenance Procedures D ocument 1 (SenseFly

- eBee)

. Tukuh requests the FAA treat the TASOP and SenseFly documents as proprietary and not include them in the public docket

.1 Exhibits to this petition contain proprietary information, an in accordance with 14 C.F.R. § 11.35 (b), are not to be include d in the Federal

Docket Management System (FDMS). Pursuant to Section 11.35 (b) , the FAA has mandated that “when we are aware of proprietary information filed with a comment, we do not place it in the docket. We hold it in a separate file to which the public does n ot have ac cess, and place a note in the docket that we have received it.” Page | 2 1600 Genessee, Suite 860 Kansas City, MO 64102 www.tukuh.com 1. Unmanned Aircraft System (UAS)

- SenseFly Ebee

Characteristics
The eBee is a small (37.8

- inch wingspan) and ultra

- light (maximum take

- off weight of 1.7 pounds) platform made of flexible foam that performs precision aerial mapping missions with an on

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

- time. Because of the embedded camera protected by a foam envelope, the eBee can take a collection of hig h

- definition, still images that can later be used to generate maps and contour lines of the surveyed area.

The four main characteristics of the eBee include:
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 detachab le and made of flexible foam with no hard or sharp edges and almost no internal strengthening structure.

b. Electric

- powered
The eBee is electric powered. Brushless engine technology makes it silent and reliable. The propeller is attached with a rubber ba nd 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 Uni t and 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 flig ht (Go to Home, Go Land, Hold and Resume the m ission) and also suspend automated operations and take manual control of the aircraft with the remote controller provided with the system, should it become necessary to respond emergent circumstances.

Airworthi ness & Safety

The SenseFly eB ee is an inherently airworthy and safe UAS , see UAS manufacturer Justification of Airworthiness and Safety Assessment 1 (SenseFly

- eBee) . The FAA has approved grants of exemption (exemption No. 11170 and 11136) for eBee UAS opera tions in the NAS for commercial operations in the agriculture and survey industry. Additionally, the Army Corps of Engineers, New Orleans District has obtained a Certificate of Waiver or Authorization (COA) for levee investigations and monitoring, and the University of New Mexico for research into safety of flight procedures. Throughout the world the SenseFly eBee UAS has obtained flight approvals in nine countries besides the U.S. for VLOS operations; Switzerland, Australia, France, Norway, Sweden, Unit ed Kingdom, Canada, Germany and Denmark.1 Exhibits to this petition contain proprietary information, an in accordance with 14 C.F.R. § 11.35 (b), are not to be include d in the Federal

Docket Management System (FDMS). Pursuant to Section 11.35 (b) , the FAA has mandated that “when we are aware of proprietary information filed with a comment, we do not place it in the docket. We hold it in a separate file to which the public does n ot have ac cess, and place a note in the docket that we have received it.” Page | 3 1600 Genessee, Suite 860 Kansas City, MO 64102 www.tukuh.com 2. Operation of the Unmanned Aircraft System (UAS)

- SenseFly Ebee

eBee flight operations will be flown in accordance with the TASOP and the specific UAS manufacturer User Manual 1 (SenseFly eBee). Maintenance will be in accordance with the specific UAS manufacturer Maintenance Procedures Document 1 (SenseFly eBee). The UA will be operated with both a Pilot

- in

Command (PIC) and a ground based Visual Observer (VO).
Operating Conditions
The following is a summation o f the more important operating requirements and restrictions from the TASOP applicable to this exemption request, a complete review of the TASOP is required to completely assess Tukuh UA flight operations procedures:

 UA flight o perations will be conducted over private and public lands with permission from the land owner and/or government agency responsible for the management of such lands;

 Tukuh’s General Manager will approve all flight operation;

 UA flight operations will be during the day and under v isual m eteorological c onditions;

 UA will be flown with

- in Visual Line

- of

- Sight (VLOS) of both the PIC and VO at all times;

o Visual contact with the UA is required at all times

 PIC and VO will be in voice communication at all times;

 The UA will be flown in Class G airspace at no higher an altitude of 400 ft

. Above Ground Level (AGL)

 UA flight operations will not be conducted over congested areas or open air assemblies of people ;

 PIC will give way to manned aircraft operations and operate the UA to avoid and remai n well clear of manned aircraft;

 UA flight operations will be conducted outside of 5 nautical miles (NM) of an airport or helipad unless a letter of agreement with the airport’s management is obtained;

 All flights will obtain an Air Traffic Organization ( ATO) issued Certificate of Waiver or Authorization (COA) prior to conducting flight operations. Included in the COA request will be a request for a Notice to Airman (NOTAM).

Operator Requirements

The eBee is an ultra

- light UA made of flexible foam with n o sharp or hard edges characterized by a high level of pre

- programmed controls and various built

- in 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 UAS . 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 th e 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 in

- flight at cruise speed. In comparison, the ki netic energy of a football isPage | 1 Ap pendix A Appendix A

EXEMPTION REQUEST AND EQUIVALENT LEVEL OF SAFETY SHOWINGS UNDER APPLICABLE RULES

SUBJECT TO EXEMPTION

14 C.F.R. § 61.113(a) & (b); 61.133(a): Private Pilot Privileges and Limitations; Pilot in Command;
The regulation prescribes, in pertinent part, that;
(a) No person who holds a private pilot certificate may act as pilot in command of an aircraft that is carrying passengers or property for compensation or hire; nor may that person, for compensation or hire, act as pilot in command of an aircra ft.

(b) A private pilot may, for compensation or hire, 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; and

(2) The aircraft does not carry passengers or property for compensation or hire.
Relief request with explanation:
To allow flight operations with a pilot holding only a private pilot certificate. Given the safety features of the eBee UAS and the fact that the missions are pre

- programmed and monito red in real

- time with a specific flight management software (eMotion) and that the eBee UA cannot carry a pilot or passengers, the proposed operations can achieve the equivalent level of safety of current manned flight operations by requiring the PIC opera ting the UA to have a private pilot’s license rather than a commercial pilot’s license. This equivalent level of safety is achievable with the aeronautical knowledge required of a private pilot certificate, specific UA manufacturer platform training (eBee ), adherence to company training and currency requirements, and the Tukuh Aviation Standard Operating Procedures.

14 C.F.R. § 91.7(a): Civil aircraft airworthiness
This regulation prescribes that;
(a) N o person may operate a civil aircraft unless it is in airworthy condition.
Relief request with explanation:
To allow flight operations without an airworthiness certificate. Should the exemption be granted allowing operation of the eBee UA without an airworthiness certificate, no FAA regulatory standard wi ll exist for airworthiness of the eBee UA. Previous airworthiness assessments given to the eBee UA, among others, include:

 Viafield and Advanced Aviation Solutions LLC under exemptions No. 11170 and 11136;

 New Mexico State University: https://newscenter.nmsu.edu/Articles/view/10208/nmsu

- uas

flight

- test

- center

- conducts

- ebee

- airworthiness

- assessment ;

 USACE New Orleans, who coordi nated with the Department of Army and the FAA to obtain all authorizations required in order to operate the eBee UAS for levee system monitoring,Page | 2 Ap pendix A documentation of construction progress, and extensive oblique photography of USACE
structures & activities.

Gi ven the size of the aircraft and the requirements contained in the Maintenance Procedures
Document 1 (SenseFly eBee), and the User Manual 1 (SenseFly eBee) an equivalent level of safety will be provided and the PIC can determine that the UA is in a condition for safe flight.

14 C.F.R. § 91.119 (c): Minimum Safe Altitudes
The regulation prescribes that;
(c) Over other than congested areas. An altitude of 500 feet above the surface, except over open water or sparsely populated areas. In those cases, the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or structure.
Relief request with explanation:
To allow for flight operations below 500 feet as permitted in Grant of Exemptions No. 11170 and 11136 to Viafield and Advanced Aviation Solutions LLC. Given that the eBee UA will only be operated over private and public lands with permission of the land owner and/or managing government agency an equivalent level of safety can be achieved. Before every flight, the operator will define a wo rking area radius and a flight area ceiling, preventing the eBee to go beyond the flight area. The landowner and/or managing land personnel and any non

- participating personnel will be briefed of the expected route of flight and the associated risks to pers ons and property on the ground. If necessary a geofence can be programmed into the flight plan with a distance allowing for a standoff slant range of 500 ft to avoid

non

- participating personnel, and any structures, vehicles or property that are deemed ins ufficiently protected from the eBee UA. Due to the small size and weight of the eBee UA, the material with which it is built and its specific safety procedures (among others ground detection), the hazard to persons, vessels, vehicles, and structures is n ot comparable to manned aircraft and should be considered in granting the exemption.

14 C.F.R. § 91.121 Altimeter Settings
The regulation prescribes that;

(a) 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

—

(1) Below 18,000 feet MSL, to

—

(i) The current reported altimeter setting of a station along the route and within 100 nautical miles of the aircraft;

(ii) 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; or

(iii) In the case of an aircraft not equipped with a radio, the elevation of the departure airport or an appropriate altimeter sett ing available before departure.Page | 3 Ap pendix A Relief request with explanation:
To allow for setting barometric altimeter to zero feet AGL instead of local barometric pressure. Given that the eBee UA will fly below 400 feet AGL and will not need to maintain hemispherical cruising altitudes in order to de

- conflict with other aircraft, an appropriate altimeter measurement presented to the pilot should be a bove g round l evel and should be based on the barometric pressure at the point of launc h. To provide an equivalent level of safety, the UAS's AGL altimeter will be set to zero on the ground prior to every flight. Since the aircraft will fly no more than 50 minutes, even rapid changes in barometric pressure will have limited effect on the saf ety of the flight.

14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions
The regulation prescribes that;


### ( a) No person may begin a flight in an airplane under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing and, assuming normal cruising speed

—

(1) During the day, to fly after that for at least 30 minutes;
Relief request with explanation:
To allow for replacement of the required 30 minutes of flight time reserves with a reserve of 25% battery power remaining. Given the area of operation for the eBee, Tukuh believes that an equivalent level of safety is already achieved with the specific procedure preventing the eBee to accept a take

- off order if the battery level is below a given value. Moreover, the eBee UAS 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. Subpart E §§ 91.405(a) Maintenance required, 91.407(a)(1) Operation after maintenance, preventive maintenance, rebuilding, or alteration, 91.409(a)(1) and (2) Inspections, and 91.417(a) and (b) Maintenance records 14 C.F.R Subpart E in totality prescribes that the operator is primarily responsible f or maintaining the aircraft in an airworthy condition, including compliance with Parts 39 and 43.
Specifically § 91.405(a) requires that aircraft discrepancies are repaired between required inspections, §§ 91.407 and 91.409 requires the aircraft to be app roved for return to service by a person authorized under § 43.7 after maintenance and inspection, § 91.409 requires an annual inspection for the issuance of an airworthiness certificate, and §91.417 requires the owner or operator to keep records showing

ce rtain 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.
Relief request with explanation:
To allow for all inspections, maintenance and ap provals for return to service by the PIC or owner. SenseFly proposes that the maintenance of the eBee will be accomplished by the owner or the operator according to the Maintenance Procedures Document 1 (SenseFly eBee), and the User Manual 1 (SenseFly eBee). An equivalent level of safety will be achieved because the eBee is small in size, it is not a complex mechanical device and does carry any external payload. Moreover, the operator is the person most familiar with the aircraft and is best suited to maintai n the aircraft in an airworthy condition and toPage | 4 Ap pendix A ensure an equivalent level of safety. Finally, before every flight, the eBee automatically runs a sequence of pre

- flight tests to make sure that every sensor and every critical part is operating 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 owner or the operator can then refer to the eBee user manual to troubleshoot this issue. Several parts of the eBee are ea sily interchangeable (propellers, wings), which allows the operator to make sure the wings and propulsion system are always airworthy when a mission is initiated.