SECTION 333 EXEMPTION REQUEST

Sensurion, Inc., DBA Sensurion Aerospace

Section 333 Exemption Request

For the Magpie sUAS

June 29, 2015

   
SECTION 333 EXEMPTION REQUEST

©2015 Sensurion Aerospace. All rights reserved.

June 29, 2015

U.S. Department of Transportation  

Docket Management System

1200 New Jersey Avenue, SE  

Washington, D.C. 20590

Basis for Petition:

Petitioner, Sensurion Inc., DBA Sensurion Aerospace, pursuant to the provisions of the Federal Aviation

Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012 (FMRA), Section 333, Special

Rules for Certain Unmanned Aircraft Systems, hereby petitions the Administrator to commercially operate the

Sensurion Magpie sUAS, in the National Airspace System (NAS), and for an exemption from the requirements of:

14 C.F.R §§61.23

14 C.F.R §§61.101(e)(4) &(5)

14 C.F.R §§ 61.113(a) & (b)

14 C.F.R §§ 61.315(a)  

14 C.F.R §§ 91.7(a)  

14 C.F.R §§ 91.121  

14 CFR 45.23(b)

14 C.F.R §§ 91.151(b),

14 C.F.R §§ 91.405(a)  

14 C.F.R §§ 91.407(a)(1),  and

14 C.F.R §§ 91.409(a)(1) & (a)(2).   

Sensurion wishes to highlight that the Magpie has already been granted a Special Airworthiness Certificate in the

Experimental category as well as a Section 333 authorization to another proponent, Blue Chip Inc.  See Docket

Number FAA‐2014‐0787.    In addition, the Magpie received operational approvals under multiple COAs as a

public aircraft.

Name and Address of the Petitioner:

Sensurion, Inc., DBA Sensurion Aerospace

Attn:  Captain David E. B. Strohm

6400 34th Ave., S.

Minneapolis, MN 55450

1‐877‐222‐1599

hq@sensurion.com

 
SECTION 333 EXEMPTION REQUEST

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TABLE OF CONTENTS 

 

PREFACE...................................................................................................................................................... 1

INTENDED PURPOSE AND USE................................................................................................................... 2

RELIEF OVERVIEW....................................................................................................................................... 3

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY ........................................................................................ 3

SPECIFIC REFLIEF REQUESTED.................................................................................................................... 4

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R.  and §91.203 (a) (1)......................... 4

14 CFR 45.23(b) ....................................................................................................................................... 4

14 C.F.R §§61.23 (a) and (c) .................................................................................................................... 4

14 C.F.R §§61.101(e)(4) &(5)................................................................................................................... 4

14 C.F.R §§ 61.113(a) & (b) ..................................................................................................................... 5

14 C.F.R §§ 61.315(a) and (c) .................................................................................................................. 5

14 C.F.R §§ 91.7(a) .................................................................................................................................. 5

14 C.F.R §§ 91.121................................................................................................................................... 5

14 C.F.R §§ 91.405(a) ; 91.407(a)(1); and 91.409(a)(1) & (a)(2) ............................................................. 5

14 C.F.R §§ 91.121................................................................................................................................... 6

14 C.F.R §§ 91.151................................................................................................................................... 6

PUBLIC INTEREST........................................................................................................................................ 6
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PREFACE 

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This statutory authority by

its terms includes exempting civil aircraft, as the term is defined under §40101 of the Act, that includes UAS,

from the requirement that all civil aircraft must have a current airworthiness certificate.

The Administrator may grant an exemption from a requirement of a regulation prescribed under subsection (a)

or (b) of this section or any sections 44702 ‐ 44716 of this title if the Administrator finds the exemption in the

public interest. 49 U.S.C. §44701(f) See also 49 USC §44711(a); 49 USC §44704; 14 CFR §91.203 (a) (1). Sensurion

proposes to use the Sensurion Magpie for aerial data collection activities. The Magpie UAS is an electric driven

fixed wing aircraft weighing less than 55 pounds including payloads.    The Sensurion Magpie has received

multiple operational approvals from the FAA to operate as both a public and civil aircraft.  The Magpie has been

issued multiple Certificates of Authorization or Waiver (COA) to operate as a public aircraft.  Additionally, the

Magpie has been issued a Special Airworthiness Certificate in the Experimental category through the FAA

designated Nevada UAS Test Site.  A Section 333 approval has previously been issued to BLUE‐CHIP UNMANNED

AERIAL SOLUTIONS, INC. to operate the Magpie as a civil aircraft. The UAS will operate only in visual line of sight

in Visual Metrological Conditions.  Such operations will insure that the UAS will "not create a hazard to users of

the national airspace system or the public." (Reform Act Section 333 (b)).

This exemption application is expressly submitted to fulfill Congress' goal in passing Section 333(a) through (c) of

the Reform Act. This law directs the Secretary of Transportation to consider whether certain unmanned aircraft

systems may operate safely in the national airspace system (NAS) before completion of the rule making required

under Section 333 of the Reform Act. In making this determination, the Secretary is required to determine which

types of UASs do not create a hazard to users of the NAS or the public or pose a threat to national security in

light of the following:

 The UAS's size, weight, speed and operational capability;

 Operation of the UAS in close proximity to airports and populated areas; and

 Operation of the UAS within visual line of sight of the operator.

Reform Act § 333 (a). Secretary determines that such vehicles "may operate safely in the national airspace

system, the Secretary shall establish requirements for the safe operation of such aircraft in the national airspace

system."  

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions.  This statutory authority by

its terms includes exempting civil aircraft, as the term is defined under §40101 of the Act that includes UAS,

from the requirement that all civil aircraft must have a current airworthiness certificate.

The Administrator may grant an exemption from a requirement of a regulation prescribed under subsection (a)

or (b) of this section or any sections 44702 ‐ 44716 of this title if the Administrator finds the exemption in the

public interest. 49 U.S.C. §44701(f) See also 49 USC §44711(a); 49 USC §44704; 14 CFR §91.203 (a) (1).

 
SECTION 333 EXEMPTION REQUEST

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INTENDED PURPOSE AND USE 

Sensurion proposes to use to use the Magpie sUAS for aerial data collection. These activities include market

research, aerial surveys, mapping, data collection and inspections that consist of still photographs, video,

thermal imaging and other data taken by onboard sensors.  

The Sensurion Magpie is a small fixed wing UAS electric powered unmanned aircraft.    The Magpie use dual

redundant command and control links operating on Non‐FCC regulated frequencies.  The Ground control station

operates on 918MHz – command and control (Public Unlicensed Spectrum, Frequency Hopping Digital Spread

Spectrum FCC Part 15.247).  A secondary hand held manual controller operates on 2.4GHz manual radio control

(Public Unlicensed Spectrum, Frequency Hopping Digital Spread Spectrum FCC Part 15.247).    

The Magpie is equipped with an uBlox GPS, an electronic compass and a Geo‐referenced 3D autopilot system

that enables geo‐fencing.    A flight plan is programmed into the autopilot software or the aircraft can be

manually controlled by a hand held controller.   

The Magpie is a carbon composite aircraft with the following characteristics:    

CATEGORY MP‐1 MP‐1EXT

Wingspan 77.56“ 96.0“

Fuselage 55.04” 55.04”

Height 12.41” 12.41”

Operating Empty Weight 6.0 lb 8.75 lb

Maximum Gross Takeoff Weight 9.0 lb 14.75 lb

Payload Capacity 2 bays, total 3.0 lb 2 bays, total 6.0 lb

Cruise Airspeed 26 kt 26 kt

Maximum Airspeed 68 kt 68 kt

Maximum Rate of Climb 1200 fpm 1200 fpm

Maximum Rate of Descent 1200 fpm 1200 fpm

Maximum Bank Angle 90 degrees (normal category) 90 degrees (normal category)

Landing Gear N/A – Skid landing N/A – Skid landing

Propulsion Electrifly Rimfire 80 size Electric

brushless model 50‐56‐500,

550KWatt max, 60Amp Electronic

Speed Control

Electrifly Rimfire 80 size Electric

brushless model 50‐56‐500,

550KWatt max, 60Amp Electronic

Speed Control

Battery 5‐cell 18volt, 4400MAH LiPo, 3 cell

11.1 volt 1200 MAH standby

5‐cell 18volt, 4400MAH LiPo, 3 cell

11.1 volt 1200 MAH standby

Endurance 2.0 Hours 1.5 Hours

OAT Limits  ‐20 °F to 110 °F  ‐20 °F to 110 °F

Wing Characteristics NACA 4412 Wing NACA 4412 Wing
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RELIEF OVERVIEW 

Given the small size of the UAS involved and the operational environment within which they will operate, the

applicant falls squarely within that zone of safety (an equivalent level of safety) in which Congress envisioned

that the FAA must, by exemption, allow commercial operations of UASs to commence immediately. Also due to

the size of the UASs and the restricted areas in which the relevant UAS will operate, approval of the application

presents no national security issue.

Given the clear direction in Section 333 of the Reform Act, the authority contained in the Federal Aviation Act,

as amended; the strong equivalent level of safety surrounding the proposed operations, and the significant

public benefit, including enhanced safety, reduction in environmental impacts, including reduced emissions

associated with allowing UASs for aerial inspections, surveying and photography and cinematography, the grant

of the requested exemptions is in the public interest. Accordingly, the applicant respectfully requests that the

FAA grant the requested exemption without delay.

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY 

Sensurion proposes that the exemption requested herein apply to civil aircraft that have the characteristics and

that operate with the limitations listed herein. These limitations provide for at least an equivalent or even higher

level of safety to operations under the current regulatory structure because the proposed operations represent

a safety enhancement to the already safe aerial data collection operations conducted with manned aircraft. The

Sensurion Magpie has been previously approved to operate in accordance with multiple Certificates of

Authorization or Waiver as a public aircraft. Additionally, the Magpie has also been granted a Special

Airworthiness Certificate in the Experimental category as well as a Section 333 authorization to another

proponent (Blue Chip Inc. See Docket Number FAA‐2014‐0787) to operate as a civil aircraft.  

The limitations and conditions to which Sensurion agrees to be bound when conducting commercial operations

under an FAA issued exemption include:

1. The UAS will weigh less than 55 lbs.

2. Flights will be operated in VFR meteorological conditions during daylight hours only and within visual line of

sight of a pilot and/or observer.

3. Maximum total flight time for each operational flight will be 2.0 hours or less.  Flights will be terminated at

25% battery power reserve should that occur prior to the 2.0 hour limit.

4. Flights will be operated at an altitude of no more than 400 feet AGL.  

5. Minimum crew for each operation will consist of the UAS Pilot, the Visual Observer, and or Sensor

Operator. The PIC will have received training in accordance with Magpie Flight Training manual (See

Attachment “A” marked “Proprietary”).   This manual has previously been evaluated and accepted by the

FAA in conjunction with the issuance of a Special Airworthiness Certificate.  

6. All maintenance will be conducted in accordance with “Magpie – Instructions for Continued

Airworthiness” (See Attachment “B” marked “Proprietary”).   This manual has previously been evaluated

and accepted by the FAA in conjunction with the issuance of a Special Airworthiness Certificate.  

7. A pre‐flight briefing will be conducted in regards to the planned UAS operations prior to each flight

activity.  It will be mandatory that all personnel who will be performing duties within the boundaries of

the safety perimeter be present for this briefing.  

8. All operations will be conducted in accordance with the Sensurion Magpie Flight Operations manual (See

Attachment “C” marked “Proprietary”).   This manual has previously been evaluated and accepted by the

FAA in conjunction with the issuance of a Special Airworthiness Certificate.  
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9. The UAS Pilot will ensure a 500 ft. setback from all persons not directly involved in operations.

10. Observer and PIC will at all times be able to communicate by voice and/or two way radio communication

system.

11. Written and/or oral permission from the relevant property holders will be obtained.

12. If the UAS loses communications or loses its GPS signal, the UAS will have the capability to return to a pre‐

determined location within the operating area perimeter and land safely.

13. The UAS will have the capability to terminate flight in case of unpredicted obstacles or emergencies.

SPECIFIC REFLIEF REQUESTED 

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. and §91.203 (a) (1) 

The FAA has stated that no exemption is needed from this section if a finding is made under the Reform Act that

the UAS selected provides an equivalent level of safety when compared to aircraft normally used for the same

application. These criteria are met, and therefore no exemption is needed. If, however, the FAA determines that

there are some characteristics of the chosen UAS that fail to meet the requirements of the Reform Act, an

exemption is requested. In consideration of the speed, weight, size, and limited operating area associated with

the unmanned aircraft and its operation, Sensurion Magpie UAS meets the conditions of FMRA Section 333 and

therefore, will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H.

14 CFR 45.23(b) 

Applicable codes of Federal Regulation require aircraft to be marked according to certain specifications.

Sensurion UASs are, by definition, unmanned. They therefore do not have a cabin, cockpit or pilot station on

which to mark certain words or phrases. Further, two inch lettering is difficult to place on such small aircraft.  

Regardless, Sensurion will mark its UAS in the largest possible lettering by placing the "N" number on its fuselage

as required by 14 CFR 45.29 (f) so that the pilot, technician, spotter and others working with the UAV will see the

markings. The FAA has previously issued exemptions to this regulation through‐  Exemption No 10167 and

10700.   

14 C.F.R §§61.23 (a) and (c) 

Relief from the requirements of Section 61.23(a) and (c) is requested by Sensurion who is seeking the approval

to use a valid state issued driver’s license in lieu of FAA issued Medical Certificate.    The FAA has routinely

approved the use of a valid state driver’s license as part of the “summary grant” exemptions.  

14 C.F.R §§61.101(e)(4) &(5) 

Sensurion requests from this Section to enable the PIC to perform duties utilizing a recreational pilot’s license.

The FAA has routinely approved the use of a recreational pilot license as part of the “summary grant”

exemptions.  

 
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14 C.F.R §§ 61.113(a) & (b) 

Relief from certain requirements of Section 61.113(a) and (b), entitled Private pilot privileges and limitations:

Pilot in command, is requested by Sensurion to the extent necessary to allow a Pilot in Command (PIC) meet or

exceed the described requirements of operations set by manufacturer, and who has demonstrated, that the PIC

is able to safely operate the Magpie UAS in a manner consistent with this exemption, including evasive and

emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.   

This relief is requested since the limitations set forth in Section 61.113(a) and (b) state that a private pilot may,

for compensation or hire, act as PIC 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.

Sensurion submits that an equivalent level of safety will be maintained as the PIC will be trained in accordance

with the Sensurion Magpie Flight Training Manual (See Attachment A) previously accepted by the FAA as part of

the Special Airworthiness certification program.  

14 C.F.R §§ 61.315(a) and (c) 

Sensurion requests from this Section to enable the PIC to perform duties utilizing a recreational or sport pilot’s

license.  The FAA has routinely approved the use of a recreational or sport pilot license as part of the “summary

grant” exemptions.   

14 C.F.R §§ 91.7(a) 

Sensurion seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness, because the Magpie UAS do not

require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, Sensurion submits

that it will ensure that the Magpie UAS is in an airworthy condition prior to every flight, by determining that the

UASs are in compliance with the operating documents (Magpie Operating Manual and the Magpie Instructions

for Continued Airworthiness, see Attachments B and C), and that the aircraft are in a condition for safe flight.

14 C.F.R §§ 91.121 

Sensurion seeks an exemption from 14 C.F.R. § 91.121, which requires a person operating an aircraft to maintain

cruising altitude or flight level by reference to an altimeter that is set to the elevation of the departure airport or

barometric pressure. An exemption is required to the extent that the UAS vehicles do not have a barometric

altimeter, but rather a GPS altitude read out.  This information is made available to the Pilot in Command in a

real time manner on the Ground Control Station (GCS).  

14 C.F.R §§ 91.405(a) ; 91.407(a)(1); and 91.409(a)(1) & (a)(2) 

Accordingly, Sensurion requests relief from Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a)

& (b), as these sections set forth requirements for maintenance that only apply to aircraft with an airworthiness

certificate. Sensurion submits that the requested relief is proper since an equivalent level of safety will be

ensured. Sensurion will use experienced personnel or technicians as needed to perform maintenance,

alterations, or preventive maintenance on the UASs using the methods, techniques, and practices prescribed in

the Magpie Maintenance manual previously accepted by the FAA in conjunction with the issuance of a Special

Airworthiness Certificate.  Furthermore, Sensurion will document and maintain all maintenance records for the

Magpie UAS.  

 
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14 C.F.R §§ 91.121  

Sensurion also seeks an exemption from the requirements of Section 91.121, entitled Altimeter Settings, as the

Magpie will not have a typical barometric altimeter onboard. However, altitude information of the Magpie will

be provided to the PIC via Global Positioning System (GPS) equipment and radio communications telemetry data

link, which downlinks from the UA to the GCS for active monitoring of the flight path. This altitude information,

combined with Sensurion operation of the Magpie 1 UAS within visual line of sight, at or below 400 feet AGL,

will ensure a level of safety equivalent to Section 91.121.

14 C.F.R §§ 91.151  

Additionally, Sensurion seeks an exemption from the requirements of Section 91.151(b), entitled Fuel

requirements for flight in VFR conditions. Sensurion submits that safety will not be affected by operation of the

Magpie during daylight hours in visual meteorological conditions (VMC) under visual flight rules (VFR), with

enough battery power to fly for a total duration of approximately 60 minutes. Magpie will maintain a battery

reserve of at least 25% at all times.  Battery reserves are depicted to the PIC in real time on the GCS.   

PUBLIC INTEREST 

Granting the present Petition will further the public interest by allowing Sensurion to safely, efficiently, and

economically to use the Sensurion Magpie for aerial data collection.    The enhanced safety achieved using an

unmanned aircraft with the specifications described in this petition, and carrying no passengers or crew, rather

than a manned aircraft of significantly greater proportions, carrying crew in addition to flammable fuel, gives the

FAA good cause to find that the UAS operation enabled by this exemption is in the public interest.