# it**ECSI~c** Engineers • Consultants • Scientists • International

June 17, 2015

U.S. Department ofTransportation Docket Management System 1200 New Jersey Ave., SE Washington, DC 20590 336 Town Mountain Road, Suite 4 Pikeville, Kentucky 41501 606.432.2443 www.engrservices.com

Re: Docket No. FAA-2015-2805, Exemption Request Under Section 333 oftheFAA Reform Act and Part 11 ofthe Federal Aviation Regulations DearMadam, Sir: Pursuant to Section 333 oftheFAA Modernization and Reform Act of2012 (the "Reform Act") and 14 C.P.R. Part 11, ECSI, LLC ("ECSI"), an operator ofthe eBee UnmannedAircraft System ("eBee") seeks an exemption from the Federal Aviation Regulations ("FARs") listedbelow: 

## • 14 C.P.R. 21 

# • 14 C.P.R. 45.23 

## • 14 C.F.R 45.29 

## • 14 C.P.R. 61.133(a) 

## • 14 C.P.R. 91.7(b) 

## • 14 C.P.R. 91.9(b)(2) 

## • 14 C.P.R. 91.109(a) 

# • 14 C.P.R. 91.119 

## • 14 C.P.R. 91.151(a) 

## • 14 C.P.R. 91.203(a) & (b) 

## • 14 CFR Subpart E (91.401- 91.417) The requested exemption would authorize commercial operations usingthe eBee for mapping and survey applications. These operations will be subject to strict operating requirements defined in the eBee user manual (ECSI requests the FAA treat the eBee training program as proprietaryunder 14 C.P.R. 11.35(b) and does not include this document inthe public docket) and conditions definedby the Safety Code ofthe Academy ofModel Aeronautics (see Annex B), in order to ensure at least an equivalent level ofsafetyto currently authorized operations using manned aircrafts. The eBee will be operatedbyan individual who fulfill the following requirements:

• Has successfullypassed a manufacturer's training program for the eBee; ECSI requests the FAA treatthe eBee training program as proprietaryunder 14 C.P.R. 11.35(b) and does notinclude this document in the public docket. 1. CHARACTERISTICS OF THE AIRCRAFT The eBee is a small (37

.8 inches wingspan) and ultra-light (maximum take-offweight of 1.7 pounds) platformmade offlexible foam that 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 ofhigh-definition still images that are used later to generate maps and contour lines ofthe surveyed area. The four main characteristics ofthe eBee are:

a. Very light weight The eBee is so light that the operator canlaunch it byhand and let it land on almost any surface without requiring a parachute orlanding net (belly land). Its low impact energy (38 J in case ofa controlled emergency landing) also significantly reduces the risk ofhazardous situations. Finally, the wings ofthe eBee are detachable and made offlexible foam with no sharp orhard edges and almost no internal strengthening structure. b. Electric-powered The eBee is electric powered. A brushless engine technologymakes it silent and reliable. The propeller is attached with a rubber band to the body ofthe plane so that it can easily flex away in case ofcontact 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 from the onboard GPS and takes care ofall the aspects ofthe flight under the supervision ofthe operator. d. Option for Manual control Additionally, the eBee provides an override capabilitythat 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 ofthe aircraft should itbecomenecessary to respond emergent circumstances, thanks to the remote controllerprovided withthe system. 2. APPLICATIONS The eBee will beused to map for natural resources, endangered species and plant life, topography, as-built construction conditions and progress, quarry and mining operations (noncongested areas), sales demonstrations and crew training. 3. APPLICABLE LEGAL STANDARD UNDER SECTION 333

a. Airworthiness assessment ofthe eBeeECSI notes that the airworthiness ofthe eBee has alreadybeen demonstrated for different projects in the United States, involving state/federal agencies oruniversities (among others the New Mexico State University: https:/ /newscenter.nmsu.edu/ Articles/view/!0208/nmsu-uas-flight-test-centerconducts-ebee-airworthiness-assessment, and the USACE New Orleans, who coordinated with the Department ofArmy and the FAAto obtain all authorizations required in order to operate the eBee UAS). Moreover, SenseFly obtained flight approvals for the eBee (deliveredbynational civil aviation authorities) in many countries, 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 operations) • 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 ofthe exemptionto ECSI for the eBee will be subjectto the following operating conditions, based onthe operating conditions set forth bythe Academy ofModel Aeronautics (see Annex B). The mainrestrictions are summarizedbelow:

• Operations to be conducted overprivate, controlled-access, orpublic property where approved; • Permission from the land owner/authority requiredbefore commencing any flight; • Operations over congested areas shall be avoided; • Operations must not interfere with manned aircraft operations, must yield the right ofwayto manned aircraft, and operators must See & Avoid other aircraft and obstacles at all times; • Operations limited to Visual Flight Rules Meteorological Conditions (VMC) and daylight hours; • Aircraft operations must remain within Visual Line ofSight (VLOS) and will be visually monitored at all times; • VLOS guaranteed with a GPS geo-fence around operator of0.5 miles; • Flight ceiling pre-programed at 400 feet; • All operations conducted within 5 miles from an airport shall onlybe initiated after verbal coordinationwith the airport authority, or air traffic control when a control tower is present at the airport; • All operations shall comply with required permissions and permits establishedbyterritorial, state, county or cityjurisdictions; including local law enforcement, fire, or other appropriate governmental agencies; and • The eBee operations will be compliant with existing safetyprocedures inherent to the activities ofthe related company.c. Operator Requirements The eBee operator will have successfully completedthe written test ofthe Private Pilot license. d. Public Interest Granting the exemption from §§21, 45.23, 45.29, 61.133(a), 91.7(b), 91.9(b), 91.109(a), 91.119, 91.151(a), 91.203(a) and (b), Subpart E (91.401-91.417) of 14 CFRwill enable ECSI, LLC to provide its services to clients through the use ofanunmanned aerial system. This will not be possible ifthe aforementioned rules and/or regulations are enforceable, for reasons stated herein. Asjustification for the argument that an exemption is in the interest ofthe public, the following Engineer's Creed, adopted bythe National Society ofProfessional Engineers, June, 1954, is offered:

':4s a ProfessionalEngineer, I dedicate myprofessionalknowledge andskill to the advancement and betterment of human welfare. Ipledge: To give the utmost of performance; Toparticipate in none but honest enterprise; To live andworkaccording to the laws of man and the highest standards of professional conduct; Toplace service beforeprofit, the honorandstanding of theprofession before personal advantage, andthepublic welfare above all other considerations. In humility andwith need for Divine Guidance, I make thispledge. " The National Society for Professional Surveyors has adopted a similar creed. The adoption of available technology is crucial for the advancement ofour industry. The UAS technology will allow ECSI, LLC to "

...give the utmostperformance", while increasing the safety ofour employees and the employees ofour clients. Exposure to the dangers inherent withmany ofour firm's projects (high walls, materials handling and stockpiles, mobile heavy equipment, etc) will be decreased, and downtime ofclients' operations associated with our services will likewise be decreased. The eBee will be operated at all times bypersonnel which are under the supervision ofeither a Professional Engineer or a Professional Surveyor. 3. CONCLUSION ECSI is an engineering company and the use ofthe eBee's technology will make our workmore profitable, efficient and will enable us to deliver accurate results innear real time to our clients. This accuracy and time saving ability will allow the clients to make on-time decisions. The eBee is safer thanhaving ECSI's employees out inthe field for specific projects, and also very safe for other aircraft because ofthe mission specifications (below 400ft.) and eBee integrated safety features. We are prepared to modifY or amend any part ofthis request to satisfy the need for an equivalent level ofsafety. We look forward to working with your office. Please contact us at anytime ifyou require additional information or clarification. S·

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# l# Senior Vice President ECSI, LLCANNEXA: EXEMPTION REQUEST AND EQUIVALENT LEVEL OF SAFETY SHOWINGS UNDERAPPLICABLE RULES SUBJECT TO EXEMPTION ECSI requests an exemption from the following regulations as well as any additional regulations that maytechnically apply to the operation ofthe 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 ofairworthiness. Part 21, Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of airworthiness certificates as required by FAR§ 91.203(a). Giventhe size ofthe eBee, its very light weight (the maximum take-offweight is 1.7 pounds) and the limited operating area associated with its utilization, it is unnecessaryto go through the certificate ofairworthiness process under Part 21 Subpart H in order to achieve or exceed current safety levels. Such an exemptionmeets the requirements ofan equivalent level ofsafetyunder Part 11 and Section 333 ofthe Reform Act. The Federal Aviation Act and Section 333 ofthe Reform Actboth authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration ofthe size, weight, speed, operational capability, andproximity to airports and populated areas ofthe UAS involved. An analysis ofthese different criteria demonstrates that the eBee operated without an airworthiness certificate, under the conditions proposed inthat exemption, will be at least as safe, or safer, than a conventional aircraft with an airworthiness certificate. A proprietaryrisk assessment for operations withthe eBee, which demonstrates that assertion, is also being submitted to the FAA as part ofthis application. ECSIrequests the FAAtreat the eBee risk assessment as proprietaryunder 14 C.P.R. 11.35(b) and not include this document inthe public docket. 14 C.F.R. 

### § 45.23 & 14 C.F.R. 

### § 45.29: Display ofmarks; size ofmarks 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, orpilot station. Given the size of the eBee (wingspan of37.8 inches), this requirement is impossible to match. 14 C.F.R. 

### § 91.7(a): Civil aircraft airworthiness This regulation requires thatno person may operate a civil aircraft unless it is in airworthy condition. Should the exemptionbe granted allowing commercial operation ofthe eBee without an airworthiness certificate, no standard will exist for airworthiness ofthe eBee. Given the size ofthe aircraft and the previous airworthiness assessments given to the eBee, among others:

• New Mexico State University: https://newscenter.nmsu.edu/ Articles/view II0208/nmsu-uasflight-test-center-conducts-ebee-airworthiness-assessment

• USACE New Orleans, who coordinated withthe Department ofArmy and the FAA to obtain all authorizations required in orderto operate the eBee UAS for levee system monitoring,documentation ofconstruction progress, and extensive oblique photography ofUSACE structures & activities An equivalent level ofsafety will be achieved byinsuring compliance withthe SenseFly manuals priorto each flight. 14 C.F.R. 

### § 91.9: Civil aircraftflight 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

. ECSI assumes that the intent ofthis requirement is to ensure that flight manual information is available to the aircrew while operating the aircraft. ECSIrequests 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 ofsafety will be achieved by keeping a hard copy ofthe flight manual in the eBee transportationbox. 14 C.F.R. 

### § 91.109(a) & 91.319(a)(1): Flight Instruction The regulationprovides that "No person may operate a civil aircraft that is beingused 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 ofthe flight management software eMotion. The equivalent level ofsafety during the training will be achieved bythe manufacturer or authorized distributorproviding the training and through the use ofexperienced and qualified operators familiar with the eBee. 14 CFR 

### § 91.119: Minimum Safe Altitudes The regulation provides that over sparsely populated areas the aircraft cannotbe operated closerthan 500 feet to any person, vessel, vehicle, or structure. Since the aircraft will be operating at a maximum of400 feet AGL, the eBee cannot complywiththis requirement. The equivalent level ofsafety will be achieved because the eBee will onlyfly overprivate property withthe permission ofthe 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 maybe onthe ground in the flight area will be briefed ofthe expectedroute offlight and the associated risks to persons and property onthe ground. Dueto the small size ofthe 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, ifa powerunit fails, an emergency landing without undue hazard to persons orproperty onthe surface.14 CFR 91.121 -Altimeter settings This section requires that eachperson operating an aircraft shall maintain the cruising altitude or flight level ofthat aircraft, as the case maybe, byreference to an altimeter that is set, when operating below 18,000 feet MSL to:

• The current reported altimeter setting ofa station along the route and within 100 nautical miles ofthe aircraft; • Ifthere is no station withinthe area prescribed inparagraph (a)(l)(i) ofthis section, the current reported altimeter setting ofan appropriate available station; • In the case ofan aircraft not equipped with a radio, the elevation ofthe departure airport or an appropriate altimeter setting available before departure. To provide an equivalent level ofsafety, the eBee autopilot calculates the reference altitude (ground level) with the on-board GPS during the pre-flight tests. The GPS and barometer data are merged with respectto theirrespective precisions. The GPS provides reliable information to correct potential barometric bias, while rapid variations in altitude are detected throughthe 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 regulationprovides that no person maybegin a flight in an airplane under day-VFRconditions unless there is enough fuel to fly to the first point ofintended landing and to fly after that for at least 30 minutes. Given the area ofoperation for the eBee, ECSI believes that an equivalent level ofsafety is already achieved withthe specific procedure preventing the eBee to accept a take-offorder is the battery level is below a given value. Moreover, SenseFlyhas integrated "low" and "critical" battery level warnings and implemented a "returnto Home" (and "Go Land") actions inthese 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) ofthis 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 orcrew. The eBee weighs only 1.7 pounds (max take-offweight). As such, there is no ability orplace to carry certification and registration documents orto displaythem onthe UAS. In addition, there is no pilot orpassengers onboardthe aircraft. To obtain an equivalent level ofsafety and meetthe intent of91.203, ECSIproposes that documents deemed appropriate for this aircraft bythe FAA will be co-located with the operator at the ground control station in the eBee box and available for inspectionupon request.14 CFR Subpart E (91.401 - 91.417)- Maintenance, Preventive Maintenance, and Alterations The regulation provides that the operator is primarilyresponsible 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 ofan airworthiness certificate. Section 91.417(a) requires the owner or operatorto keep records showing certain maintenance workthat has been accomplished bycertificatedmechanics, under Part 43, or licensed pilots and records ofapproval ofthe aircraft for return to service. ECSI proposes that the maintenance ofthe eBee will be accomplished bythe owner/operator according to the maintenance manual, providedby SenseFly. ECSIrequests the FAAtreat the eBee trainingprogram as proprietary under 14 C.F.R. 11.35(b) and not include this document inthe public docket. An equivalent level ofsafety will be achieved because the eBee is small in size, it is not a complex mechanical device, it will carryno external payload, and it will operate only inrestricted predetermined areas. Moreover, the operator is the person most familiar withthe aircraft and is best suited to maintainthe aircraft in an airworthy condition and to ensure an equivalent level ofsafety. Finally, before every flight, the eBee runs automatically a sequence ofpre-flight tests to make sure that every sensor and every critical part is running properly. Ifa problem is detected, the eBee will not be able to be switched-on and a message error is displayed onthe main screen ofthe flight management software. The operator canthen refer to the maintenance manual to troubleshootthis issue. Several parts ofthe eBee are easily interchangeable (propellers, wings), which allows the operatorto make sure the wings andpropulsion system are always airworthy when a mission is initiated.

### ANNEXB: ACADEMY OF MODEL AERONAUTICS SAFETYREQUIREMENTS http://www.modelaircraft.org/files/105.pdf http://www.modelaircraft.org/files/540-D.pdf http://www.modelaircraft.org/files/560.pdf