1 Exhibits to this petition contain proprietary information, an in accordance with 14 C.F.R. § 11.35 (b), are not to be included 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 not have access, 

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 Regulations (“FARs”) detailed below and in Appendix A for commercial operation of the 

eBee 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)

The requested exemption would authorize the eBee unmanned aircraft system (UAS) operations to 

conduct aerial imaging for the agriculture, energy production and transmission, engineering, 

manufacturing and construction industries for mapping, surveying and inspections operations. Use of 

the eBee will reduce the need to operate conventional aircraft for mapping and surveying, as well as 

more expensive equipment currently required to perform inspections of power transmission systems, 

pipeline systems, vertical structures and other types of infrastructure. 

The public benefits in using a UAS compared to conventional aircraft or other equipment is an 

equivalent or greater 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 

heights and/or extreme temperatures. Additional benefits occur when UAS operations 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 carbon 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 Manual1(TASOP)

and the specific UAS manufacturer User Manual1(SenseFly-eBee). Maintenance will be in accordance 

with the specific UAS manufacturer Maintenance Procedures Document1(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 included 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 not have access, 

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-board 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 high-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 detachable 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 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 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 with the remote controller 

provided with the system, should it become necessary to respond emergent circumstances.

Airworthiness & Safety

The SenseFly eBee is an inherently airworthy and safe UAS, see UAS manufacturer Justification of 

Airworthiness and Safety Assessment1 (SenseFly-eBee). The FAA has approved grants of exemption 

(exemption No. 11170 and 11136) for eBee UAS operations 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, United 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 included 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 not have access, 

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 Manual1(SenseFly eBee). Maintenance will be in accordance with the specific UAS manufacturer 

Maintenance Procedures Document1(SenseFly eBee). The UA will be operated with both a Pilot-inCommand (PIC) and a ground based Visual Observer (VO). 

Operating Conditions

The following is a summation of 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 operations 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 visual meteorological conditions;

 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 remain 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 no sharp or hard edges characterized by a high 

level of pre-programmed controls and various built-in technical capabilities (programming of a geofence, 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 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 in-flight at cruise speed. In comparison, the kinetic energy of a football is 

Page | 1

Appendix 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 aircraft.

(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 monitored 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 operating 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) No 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 will 

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-uasflight-test-center-conducts-ebee-airworthiness-assessment;

 USACE New Orleans, who coordinated with the Department of Army and the FAA to obtain all 

authorizations required in order to operate the eBee UAS for levee system monitoring, 
Page | 2

Appendix A

documentation of construction progress, and extensive oblique photography of USACE 

structures & activities.

Given the size of the aircraft and the requirements contained in the Maintenance Procedures 

Document1 (SenseFly eBee), and the User Manual1(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 working 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 persons 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 insufficiently 

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 not 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 setting available before departure.
Page | 3

Appendix 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 above ground level and should be based on the barometric pressure at the point of 

launch. 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 safety 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 for 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 approved 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 

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.

Relief request with explanation: 

To allow for all inspections, maintenance and approvals 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 Document1(SenseFly eBee), and the User Manual1(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 maintain the aircraft in an airworthy condition and to 
Page | 4

Appendix 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 easily interchangeable (propellers, wings), which 

allows the operator to make sure the wings and propulsion system are always airworthy when a mission 

is initiated.