January 26 , 2015

U.S. Department of Transportation
Docket Management System

1200 New Jersey Ave., SE
Washington, DC 20590

Re: Request for Summary Grant of Exemption Under Section 333 of the FAA Reform Act and
Part 11 of the Federal Aviation Regul ations

Dear Madam, Sir,

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”) and 14 C.F.R. Part 11, Eagle UAV Services, LLC (“ Eagle UAV Services ”), an operator of the

eBee Unmanned A ircraft System (“eBee”) seeks a su mmary grant of exemption from the Federal Aviation Regulations (“FARs”) listed below based on exemption 11136 previously issued by the

Federal Aviation Administration on January 5 , 2015 :

 14 C.F.R. 61.133(a) (b)

 14 C.F.R. 91.7(b)

 14 C.F.R. 91.119

 14 C.F.R. 91.151(a)

 14 CFR Subpart E (91.401

- 91.417)

The requested exemption would authorize commercial operations using the eBee for mapping and survey applications. These operations will be subject to strict operating requirements defined in

the eBee user manu al ( Eagle UAV Services requests the FAA treat the eBee training program as proprietary under 14 C.F.R. 11.35(b) and does not include this document in the public docket) in order to ensure at least an equivalent level of safety to currently authorized opera tions using

manned aircrafts.

The eBee will be operated by an individual who fulfill the following requirements:

 Has successfully passed a manufacturer’s training program for the eBee; Eagle UAV

Services requests the FAA treat the eBee training program as proprietary under 14 C.F.R. 11.35(b) and does not include this document in the public docket.

 Has, at a minimum, a Private Pilot license and a third class medical certificate.

**1. CHARACTERISTICS OF THE AIRCRAFT**

The eBee is a small (37.8 inches wi ngspan) and ultra

- light (maximum take

- off weight of 1.7 pounds) platform made of flexible 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 op erator 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 of high

- definition still images that are used later to generate maps and conto ur lines of the surveyed

area.

The four main characteristics of the eBee are:

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 la nd). 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 sharp or hard edges and

almost no inter nal strengthening structure.

b. Electric

- powered

The eBee is electric powered. A 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 c ontact 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 of all the aspects of the fl ight 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 should it become necessary to respond emergent circumstances, thanks to the remote controller provided with the system.

**2. APPLICATIONS**

Eagle UAV Servi ces intends to use the eBee to conduct imaging flights for the purpose of
precision agriculture and land survey. The aircraft will be used over controlled access property
and only be used to image property for which we have been contracted by the land owner to do

so. Images will be use d to increase food production, identify environmental land issues and allow
for land use planning.

**3. APPLICABLE LEGAL**  **STANDARD UNDER**  **SECTION 333** 

a. Airworthiness assessment of the eBee

Eagle UAV Services notes that the Federal Aviation Administration has already issued anexemption specific to the eBee to the previously listed regulations for the same purpose in which Eagle UAV Services intends to use the UAS.

Moreover, SenseFly obtained flight approvals for the eBee (delivered by national civil aviat ion 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

A summary grant of exemption to Eagle UAV Services for the eBee w ill be subject to the same operating conditions issued by the Federal Aviation Administration , without deviation or alteration, in exemption No. 11136 on 5 January, 2015. The main restrictions are summarized

below:

1. Operations authorized by this grant of exemption are limited to the following aircraft described in the operating documents which is a fixed

- wing aircraft weighing approximately 1.5 pounds: senseFly eBee Ag (eBee Ag). Proposed oper ations of any other aircraft will require a new petition or a petition to amend this grant.

2. The UA may not be flown at an indicated airspeed exceeding 70 knots.

3. The UA must be operated at an altitude of no more than 400 feet above ground level (AGL), as in dicated by the procedures specified in the operating documents. All altitudes reported to ATC must be in feet AGL.

4. The UA must be operated within visual line of sight (VLOS) of the PIC at all times. This requires the PIC to be able to use human vision unai ded by any device other than corrective lenses, as specified on the PIC’s FAA

- issued airman medical certificate.

5. All operations must utilize a visual observer (VO). The VO may be used to satisfy the VLOS requirement as long as the PIC always maintains VLOS capability. The VO and PIC must be able to communicate verbally at all times. The PIC must be designated before the flight and cannot transfer his or her designation for the duration of the flight. The PIC must ensure that the VO can perform the functions prescribed in the operating documents.

6. The operating documents and this grant of exemption must be maintained and made available to the Administrator upon request. If a discrepancy exists between the conditions and limitations in this exemption and the pr ocedures outlined in the operating documents, the conditions and limitations herein take precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in its operating documents. The operator may update or revise its opera ting documents. It is the operator’s responsibility to track such revisions and present updated and revised documents to the Administrator uponrequest. The operator must also present updated and revised documents if it petitions for

extension or amendment to this grant of exemption. If the operator determines that any update or revision would affect the basis upon which the FAA granted this exemption, then the operator must petition for amendment to its grant of exemption. The FAA’s UAS Integration Office (AFS

- 80) may be contacted if questions arise regarding updates or revisions to the operating documents.

7. Prior to each flight the PIC must inspect the UAS to ensure it is in a condition for safe flight. If the inspection reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited from operating until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight. The Ground Control Station must be included in the preflight inspection. All maintenance and alterations must be properly

documented in the aircraft records.

8. Any UAS maintenance or alterations that affect the UAS operation or flight characteristics, e.g. replacement of a flight critical component, must undergo a functional

test fl ight. The PIC who conducts the functional test flight must make an entry in the

aircraft records.

9. The pre

- flight inspection section in the operating documents must account for all discrepancies, i.e. inoperable components, items, or equipment, not already covered in the relevant sections of the operating documents.

10. The operator must follow the UAS aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements.

11. The operator must carry out its maintenance, inspections, and rec ord keeping requirements, in accordance with the operating documents. Maintenance, inspection, and alterations must be noted in the aircraft records, including total flight hours, description of work accomplished, and the signature of the PIC returning the UAS to service.

12. Each UAS operated under this exemption must comply with all manufacturer System and Safety Bulletins.

13. The PIC must make an entry in the aircraft record of the corrective action taken against discrepancies discovered between inspections.

14. Th e Pilot in Command (PIC) must possess at least a private pilot certificate and at least a

current third

- class medical certificate. The PIC must also meet the flight review requirements specified in 14 CFR 61.56 in an aircraft in which the PIC is rated on h is or her pilot certificate.

15. The operator may not permit any PIC to operate unless that PIC has demonstrated through the operator’s training that the PIC is able to safely operate the UAS in a manner consistent with how the UAS will be operated under this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. A record of training must be documented and made available upon request by the Administrator. Flights for the purpose s of training the operator’s PICs and VOs (training, proficiency, and experience

- building), are permitted under the terms of this exemption. However, said training operations may only be conducted during dedicated training sessions.

16. UAS operations may not be conducted during night, as defined in 14 CFR 1.1. Alloperations must be conducted under visual meteorological conditions (VMC). Flights under special visual flight rules (SVFR) are not authorized.

17. All operations shall be conducted in Class G airspace.

18. The UA may not operate within 5 nautical miles of the airport reference point as denoted

on a current FAA

- published aeronautical chart.

19. The UA may not be operated less than 500 feet below or less than 2,000 feet horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.

20. If the UA loses communications or loses its GPS signal, it must return to a pre

- determined location within the planned operating area and land or be recovered in accordance with the operating documents.

21. The PIC m ust abort the flight in the event of unpredicted obstacles or emergencies in accordance with the operating documents.

22. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough power to fly at no rmal cruising speed to the intended landing point and land the UA with 30% battery power remaining.

23. The operator must obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or Authorization (COA) prior to conducting any operations under this grant of exemption. This COA will also require the operator to request a Notice to Airman (NOTAM) not more than 72 hours in advance, but not less than 48 hours prior to the operation.

24. All aircraft operated in accordance with this exemption must be identif ied by serial number, registered in accordance with 14 CFR part 47, and have identification (N

Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must be as large as practicable.

25. Before conducting operations, the radio frequency spectr um used for operation and control of the UA must comply with the Federal Communications Commission (FCC) or other appropriate government oversight agency requirements.

26. The documents required under 14 CFR 91.9 and 91.203 must be available to the PIC at the Ground Control Station of the UAS any time the aircraft is operating. These documents must be made available to the Administrator or any law enforcement official upon request.

27. The UA must remain clear and yield the right of way to all other manned aviation operations and activities at all times.

28. The UAS may not be operated by the PIC from any moving device or vehicle.

29. The UA may not be operated over congested or densely populated areas.

30. Flight operations must be conducted at least 500 feet from all nonparti cipating persons, vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons from the UA and/or debris in the event of an accident. The operator must ensure that nonparticipating persons remain under such protection. If a situation ariseswhere nonparticipating persons leave such protection and are within 500 feet of the UA, flight operations must cease immediately and/or;

b. the aircraft is operated near vessels, vehicles or structures where the land owner/controller has granted permission and the PIC has made a safety assessment of the risk of operating closer to those objects and determined that it does not present an undue hazard, and

c. operations nearer to the PIC, VO, operator trainees or essential persons do not present an undue hazard to those persons per § 91.119(a).

31. All operations shall be conducted over private or controlled

- access property with permission from the land owner/controller or authorized representative. Permission from

lan d owner/controller or authorized representative will be obtained for each flight to be

conducted.

32. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the operational area as defined by the applicable COA must be reported to the FAA's UAS Integration Office (AFS

- 80) within 24 hours. Accidents must be reported to the National Transportation Safety Board (NTSB) per instructions contained on the

NTSB Web site: www.ntsb.gov

.

Unle ss otherwise specified in this grant of exemption, the UAS, the UAS PIC, and the UAS operations must comply with all applicable parts of 14 CFR including, but not limited to, parts 45, 47, 61, and 91.

c. Operator Requirements

The Pilot

- In

- Command of the eBee wi ll hold, at a minimum, a Private Pilot license and a third

class medical certificate

.

**3. CONCLUSION**

This request is designed to follow up on previous efforts by the Federal Aviation Administration to determine equivalent levels of safety for UAS o perations. By requesting a summary grant of exemption we hope to achieve expedited approval for UAS operations to the public’s benefit.

Yours sincerely,

Aaron Rose

President Eagle UAV Services**ANNEX A:**  **EXEMPTION REQUE ST AND EQUIVALENT LEVEL OF SAFETY** 

**SHOWINGS UNDER APPLICABLE RULES SUBJECT TO EXEMPTION**

Eagle UAV Services requests an exemption from the following regulations as well as any additional regulations that may technically apply to the operation of the eBee:

**14 CFR 61.133**  **: Commercial pilot privileges and limitations.** 

The regulation provides 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 a s 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.

To obtain a commerci al pilot certificate a candidate must demonstrate a level of aeronautical
knowledge and aircraft handling beyond what is required to operate a UAS. Our proposed
operations would require that a Pilot

- In

- Command have the aeronautical knowledge and aircraft

h andling skills currently required to obtain a private pilot certificate. Given the lack of passengers
or cargo on board the UAS, controlled access operations area we operate in and the simplicity of
the UAS we believe that an equivalent level of safety can be achieved by requiring the pilot in
command hold, at a minimum, a private pilot certificate and a third class medical certificate.

**14 CF**  **R 91.7(a):**  **Civil aircraft**  **airworthiness**

This regulation requires that no person may operate a civil aircraft unle ss 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 airworth iness assessments given to the eBee, among others:

 New Mexico State University: https://newscenter.nmsu.edu/Articles/view/102 08/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, documenta tion 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 CFR**  **91.119: Minimum Safe**  **Altitude s** 

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 fly 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, prev enting 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 theexpected 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, 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 co ngested 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 CF**  **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 unless 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, Eagle UAV Services believes that an equivalent level of safety is 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 h as integrated “low” and “critical” battery level warnings and implemented a “return to Home” (and “Go Land”) actions in

these situations.

**14 CFR Subpart E (91.401**

**- 91.417)** 

**- Maintenance, Preventive Maintenance, and** 

**Alterations**

The regulation provides th at 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 un der 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.

Eagle UAV Services proposes that the maintenance of the eBee will be accomplished by the owner/operator according to the maintenance manual, provided by SenseFly. Eagle UAV

Services requests the FAA treat the eBee training program as proprietary under 14 C.F.R. 11.35(b) and not include this document in the public docket.

An equivalent level of safety will be achieved b ecause 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 prope rly. 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 par ts 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.