**ANNEX A:**  **EXEMPTION REQUEST AND EQUIVALENT LEVEL OF SAFETY**

**SHOWINGS UNDER APPLICABLE RULES SUBJECT TO EXEMPTION** CME Engineering LP requests an exemption from the following regulations as well as any additional regulations that may technically

apply to the operation of the eBee: **14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 CFR § 91.203(a)(1)**  Section 91.203 requires all civil aircraft to have a certificate of airworthiness. Part 21, Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of airworthiness certificates as required by FAR § 91.203(a). Given the size of the eBee, its very

light weight (the maximum take

-off weight is 1.7 pounds) and the limited operating area associated with its utilization, it is unnecessary to go through the certificate of airworthiness process under Part 21 Subpart H in order to achieve or exceed current safety

levels. Such an exemption meets the requirements of an equivalent level of safety under Part 11 and Section 333 of the Reform Act. The Federal Aviation Act and Section 333 of the Reform Act both authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration of the size, weight, speed, operational capability, and proximity

to airports and populated areas of the UAS involved. An analysis of these different criteria demonstrates that the eBee operated without an airworthiness certificate, under the conditions proposed in that exemption, will be at least as safe , or safer, than a conventional aircraft with an airworthiness certificate. A proprietary risk assessment for operations with the eBee, which demonstrates that assertion, is also being submitted to the FAA as part of this application. CME Engineering LP requests the FAA treat the eBee risk assessment as proprietary under 14 C.F.R. 11.35(b) and not include this document in the public docket.
**14 C.F.R.**  **§ 45.23 & 14**  **C.F.R. §**  **45.29: Display of marks; size of marks**  These regulations provide that each aircraft must display "N" and the aircraft's registration number in letters at least 3 inches high. Additionally, the aircraft must display the word "EXPERIMENTAL" in letters at least 2 inches high near the entrance to the cabin, cockpit, or pilot station. Given the size of the eBee (wingspan of 37.8 inches), this requirement is impossible to match.**14 C.F.R. § 61.3: Requirements for certificates, ratings and authorizations**

**14 C.F.R. § 61.113(a) & (b); 61.133(a): Private Pilot Privileges and Limitations; P ilot**  **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 purpo se pilot authorization issued under this part in that person's physical possession or readily accessible in the aircraft when exercising the privileges of that pilot certificate or authorization. However, when the aircraft is operated within a foreign country, a pilot license issued by that country

may be used. The regulation provides also that no person that holds a private pilot certificate may act as pilot in command of an aircraft for compensation or hire. Subparagraph (b) allows a private pilot to act as pilot in command of an aircraft in connection with any business or employ ment if: (1) The flight is only

incidental to that business or employ ment; (2) The aircraft does not carry passengers or property

for compensation or hire. Given the safety

f eatures of the eBee and the fact that the missions are pre-programmed and monitored in real

-time with a specific flight management software (eMotion), SenseFly proposes that operators of the eBee should not be required to hold a commercial or private pilot certification. Instead, operators should be required to:

 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).  Has the written test of the PPL The equivalent level of safety will be achieved by having an operator trained by the AMA (or any FAA qualified entity

) and SenseFly, and using the integrated features of the aircraft to maintain a high level of safety during the different missions. **14 C.F.R.**  **§ 91.7(a):**  **Civil aircraft**  **airworthiness** This regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. Should the exemption be granted allowing commercial operation of the eBee without an airworthiness certificate, no standard will exist for airworthiness of the eBee. Given the size of the aircraft and the previous airworthiness assessments given to the eBee, among others:

 New Mexico State University: https://newscenter.nmsu.edu/Articles/view/10208/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 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** **(b)(2) :**  **Civil aircraft flight**  **manual, marking, and**  **placard require** **ments.** This regulation provides that no person may operate an aircraft unless a current, approved flight manual is in the aircraft. CME Engineering LP assumes that the intent of this requirement is to ensure that flight manual information is available to the aircrew while operating the aircraft. CME Engineering LP requests an exemption to this requirement since the aircraft is not only too small to carry

documentation, the documentation would not be available to the crew. The equivalent level of safety will be achieved by keeping a hard copy of the flight manual in the eBee transportation box. **14 C.F.R.**  **§ 91.109(a)**  **& 91.319(a)(1) :**  **Flight Instruction** The regulation provides that "No person may operate a civil aircraft that is being used for flight instruction unless that aircraft has fully functioning dual controls." Flight instruction will be accomplished through an elaborated training program, using first the simulation mode of the flight management software eMotion. The equivalent level of safety d uring the training will be achieved by the manufacturer or authorized distributor providing the training and through the use of experienced and qualified operators familiar with the eBee. **14 CFR**  **§ 91.119:**  **Minimum Safe Altitudes**  The regulation provides that over sparsely populated areas the aircraft cannot be operated closer than 500 feet to any person, vessel, vehicle, or structure. Since the aircraft will be operating at a maximum of 400 feet AGL, the eBee cannot comply with this requirement. The equivalent level of safety will be achieved because the eBee will only f ly 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, thehazard to persons, vessels, vehicles, and structures is not comparable to manned aircraft

and should be considered in granting the exemption. Moreover, the aircraft will not be operated over congested areas nor over any open-air assembly of persons. The aircraft will be operated at an altitude allowing, if a power unit fails, an emergency

landing without undue hazard to persons or property on the surface. **14 CFR 91.121**

**– Altimeter settings**  This section requires that each person operating an aircraft shall maintain the cruising altitude or flight level of that aircraft, as the case may be, by reference to an altimeter that is set, when operating below 18,000 feet MSL to:

 The current reported altimeter setting of a station along the route and within 100 nautical miles of the aircraft;  If there is no station within the area prescribed in paragraph (a)(1)(i) of this section, the current reported altimeter setting of an appropriate available station;  Inthe case of an aircraft not equipped with a radio, the elevation of the departure airport or an appropriate altimeter setting available before departure. To provide an equivalent level of safety, the eBee autopilot calculates the reference altitude (ground level) with the on-boa rd GPS during the pre- flight tests. The GPS and barometer data are merged with respect to their respective precisions. The GPS provides reliable information to correct potential barometric bias, while rapid variations in altitude are detected through the barometer. Hence, barometric bias induced by environmental factors is rejected.

**14 C.F.R.**  **§ 91.151(a):**  **Fuel Requirements**  **for Flight**  **in VFR**  **Conditions** The regulation provides that no person may begin a flight in an airplane under day

-VFR conditions unles s 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, Blackwell Group believes that an equivalent level of safety

i s already achieved with the specific procedure preventing the eBee to accept a take

-off order is the battery level is below a given value. Moreover, SenseFly has integrated “low” and “critical” battery level warnings and implemented a “return to Home” (and “Go Land”) actions in these situations. **14 C.F.R. § 91.203 (a) & (b): Carrying Civil Aircraft Certification and Registration** This regulation provides as follows:  No person may operate a civil aircraft unless it has an appropriate and current airworthiness certificate. No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) of this section or a special flight authorization issued under §91.715 is displayed at the cabin or cockpit entrance so that it is legible to passengers or crew. The eBee weighs only

1 .7 pounds (max take

-off weight). As such, there is no ability or place to carry certification and registration documents or to display them on the UAS. In addition, there is no pilot or passengers on board the aircraft. To obtain an equivalent level of safety and meet the intent of 91.203, CME Engineering LP propose that documents deemed appropriate for this aircraft by the FAA will be colocated with the operator at the ground control station in the eBee box and available for inspection upon request **14 CFR Subpart E (91.401 -**  **91.417) -**  **Maintenance, Preventive Maintenance, and Alterations**  The regulation provides that the operator is primarily responsible for maintaining the aircraft in an airworthy

condition, including compliance with Parts 39 and 43. Paragraphs 91.407 and 91.409 require that the aircraft be "approved for return to service by a person authorized under 43.7" after maintenance and inspection. Section 91.409(a)(2) requires an annual inspection for the issuance of an airworthiness certificate. Section 91.417(a) requires the owner or operator to keep records showing certain maintenance work that has been accomplished by

certificated mechanics, under Part 43, or licensed pilots and records of approval of the aircraft for return to service. Blackwell Group proposes that the maintenance of the eBee will be accomplished by the owner/operator according to the maintenance manual, provided by S enseFly

. B lackwell Group requests the FAA treat the eBee training program as proprietary under 1 4 C.F.R. 11.35(b) and not include this document in the public docket. An equivalent level of safety will be achieved because the eBee is small in size, it is not a complex mechanical device, it will carry no external payload, and it will operate only in restricted predetermined areas. Moreover, the operator is the person most familiar with the aircraft and is best suited to maintain the aircraft in an airworthy condition and to ensure an equivalent level of safety

. Finally, before every flight, the eBee runs automatically a sequence of pre- flight tests to make sure that every sensor and every critical part is running properly. If a problem is detected, the eBee will not be able to be switched

-on and a message error is displayed on the main screen of The flight management software. The operator can then refer to the maintenance manual to troubleshoot this issue. Several parts of the eBee are easily interchangeable (propellers, wings), which allows the operator to make sure the wings and propulsion system are always airworthy

when a mission is initiated.**ANNEX B:**  **ACADEMY OF MODEL AERONAUTICS SAFETY REQUIREMENTS**

http://www.modelaircraft.org/files/105.pdf http://www.modelaircraft.org/files/540

-D.pdf http://www.modelaircraft.org/files/560.pdf