609 Perry Plaza Perry, Ks. 66073 785
- 597
- 511 1 July 7 , 2015

U.S. Department of Transportation 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 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, Hamm, INC Inc. an operator of the eBee Unmanned Aircraft System (“eBee”) seeks an exemption from the Federal Aviation Regulations (“FARs”) listed below: 1 4 C
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- 91.417) The requested exemption would authorize commercial operations using the eBee for mapping and survey applications. These op erations will be subject to strict operating requirements define d in the eBee user manual (Hamm , Inc. 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) and cond itionsdefined by the Safety

Code of the Academy

of Model Aeronautics (see Annex B), in order to ensure at least an equivalent level of safety to currently authorized operations using manned aircrafts. The eBee will be operated by an individual who fulfil l the following requirements: H a s s u c c e s s f

u l l y p a s s e d a m anu f

a c tur e r ’ s tr a i n i n g p r o gr am for the eBee; Hamm , Inc. 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 do cket.
**1. CHARACTERISTICS OF THE AIRCRAFT** The eBee is a small (37.8 inches wingspan) 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
- b oard 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 collectio n of high
- definition still images that are used later to generate maps and contour 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 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 de tachable and made of flexible foam with no sharp or hard edges and almost no internal 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 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 from 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 should it become necessary to respond emergent circumstances, thanks to the remote controller provided with the system **2. APPLICATIONS** The eBee will be used to map for natural resources, endangered species and plant life,topography , as - built construction conditions and progress, quarry an d mining operations

(noncongested areas), sales demonstrations and crew training. **3. APPLICABLE LEGAL STANDARD UNDER SECTION 333** a. Airworthiness assessment of the eBee Hamm , Inc. notes that the airworthiness of the eBee has already been demonstrated for different projects in the United States, involving state/federal agencies or universities (among others the New Mexico State University: https://newscenter.nmsu.edu/Articles/view/10208/nmsu
- uas - flight
- test center - conducts
- ebee
- airworthiness
- assessment , and the 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). Moreover, SenseFly obtained flight approvals for the eBee (delivered by national civil aviation authorities) in many countries, among others: S w i t z e r l an d ( f

l i gh t ap p r o v a l f

o r V L O S o p e r a t i o n s ) C an a d a ( f l i gh t ap p r o v a l f

o r V L O S o p e r a t i o n s ) Au s tr a l i a ( f

l i gh t ap p r o v a l f

o r V L O S o p e r a t i o n s ) F r an c e ( f l i gh t ap p r o v a l f

o r E x t e n d e d
- VLOS operations) G e rm any ( f

l i gh t ap p r o v a l f

o r V L O S o p e r a t i o n s ) Un i t e d K i n g d o m ( f

l i gh t ap p r o v a l f

o r V L O S o p e r a t i o n s ) N o rw ay ( f

l i gh t ap p r o v a l f

o r V L O S o p e r a t i o n s ) S w e d e n ( f

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o r V L O S o p e r a t i o n s ) D e nm ark ( f

l i gh t ap p r o v a l f

o r V L O S o p e r a t i o n s ) b. Operating requirements Gran t of the exemption to Hamm , INC for the eBee will be subject to the following operating conditions, based on the operating conditions set forth by the Academy of Model Aeronautics (see Annex B). The main restrictions are summarized below: O p e r at i o n s t o b e c o n d

u c t e d o v e r p ri v a t e , c o ntr o l l e d
- access, or public property where approved; P e rm i s s i o n f

r o m th e l an d o wn e r

/ a uth o ri ty r e qu i r e d b e f

o r e c o mm e n c i n g any f

l i gh t ; O p e r at i o n s o v e r c o n g e s t e d ar e a s s h a l l b e av o i d e d ; O p e rations must not interfere with manned aircraft operations, must yield the right of way to manned aircraft, and operators must See & Avoid other aircraft and obstacles at all times O p e r at i o n s l i m i t e d t o V i s u a l F l i gh t R u l e s M e t e o r o l o g i c a l C o n d i t i o n s ( V M C ) and day light hours A i r c r a f t o p e r at i o n s mu s t r e m a i n w i th i n V i s u a l L i n e o f S i gh t ( V L O S ) an d w i l l b e v i s u a l l y monitored at all times; V L O S gu ar ant e e d w i t

h a G P S g e o - fence around operator of 0.5 miles F l i gh t c e i l i n g p r e - programed at 400 feet All op erations conducted within 5 miles from an airport shall only be initiated after verbal coordination with the airport authority, or air traffic control when a control tower is present at the airport; A l l o p e r at i o n s s h a l l c o mp l y w i th r e qu i r e d p e rm i s s i o n s and permits established by territorial, state, county or city jurisdictions; including local law enforcement, fire, or other appropriate governmental agencies.T h e e B e e o p e r at i o n s w i l l b e c o mp l i ant w i th e x i s t i n g s a f e t y p r o c e d

ur e s i n h e r e nt t o th e a c t i v i ties of the related company. c. Operator Requirements The eBee operator will have successfully completed the written test of the Private Pilot license **. 3. CONCLUSION**  Hamm, Inc is part of Summit Materials . We are engaged in the production of aggregates, asphalt, construction and landfills. The eBee is safer than hav ing Hamm , Inc’s employees out in the field for specific projects, and also very safe for other aircrafts because of the mission specifications (below 400 ft.) an d eBee integrated safety features. We are prepared to modify or amend any part of this request to satisfy the need for an equivalent level of safety . W e look forward to working with y our office. Please contact us at any time if y ou require additional in formation or clarification Yours sincerely,

Dale W. Johnson Hamm , Inc**ANNEX A: EXEMPTION REQUEST AND EQUIVALENT LEVEL OF SAFETY**

**SHOWINGS UNDER APPLICABLE RULES SUBJECT TO EXEMPTION** Hamm, INC 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 airworth iness. 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 w eight 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 me ets 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 certificat e, 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, u nder 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. Hamm , INC 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. § 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: N e w M e x i c o S t at e Un i v e r s i t y : h ttp s : //n e w s c e nt e r . nm s u . e d u/Ar t i c l e s /v i e w/ 1 0 2 0 8 /nm s u - uas - flight
test - center - conducts
- ebee
- airworthiness
- assessment U S A C E N e w O r l e an s , wh o c o o r d i n a t e d w i th th e D e p art m e nt o f Arm y an d th e F A A t o o b t a i n a l l authorizations required in order to operate the eBee UAS for levee system monitoring, documentation of construction progress, and extensive oblique photography of U SACE 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: Civil aircraft flight manual, marking, and placard requirements.** This regulation provi des that no person may operate an aircraft unless a current, approved flight manua l is in the aircraft. Hamm , INC assumes that the intent of this requirement is to ensure that flight manual information is available to the aircrew while op erating the aircra ft. Hamm , INC 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 fl ight 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 functionin g 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 during the training will be achieved by the manufac turer 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 fly over privateproperty

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, the hazard to perso ns, 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 th e 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 operatin g below 18,000 feet MSL to: T h e c urr e nt r e p o rt e d a l t i m e t e r s e tt i n g o f a s t a t i o n a l o n g th e r o ut e an d w i th i n 1 0 0 n aut i c a l m i l e s o f the aircraft; I f th e r e i s n o s t a t i o n w i t

h i n th e ar e a p r e s c r i b e d i n p ar a gr ap h ( a ) ( 1 ) ( i ) o f th i s s e c t i o n , th e c urr e nt reported altimeter setting of an appropriate available station; I n th e c a s e o f an a i r c r a f

t n o t e qu i p p e d w i th a r a d i o , th e e l e v a t i o n o f th e d e p artur e a i r p o rt o r an appropriate altimeter setting available before departure. To provide an equivalent level of s afety , 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 respect to their respective precisions. The GPS provides reliable information to correc t 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
- VF R 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 op eration for the eBee, Hamm , IN C 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 has integrated “low” and “critical” battery level w arnings 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: N o p e r s o n m ay o p e r a t e a c i v i l a i r c r a f t unless it has an appropriate and current airworthiness certificate. N o p e r s o n m ay o p e r a t e a c i v i l a i r c r a f t un l e s s th e a i rw o rth i n e s s c e r t i f i c at e r e qu i r e d b y p ar a gr ap h (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, Hamm , INC propose that documents deemed appropriate for this aircraft by the FAA will be co
- located 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 main taining 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. Sectio n 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 Par t 43, or licensed pilots and records of approval of the aircraft for return to service. Hamm , INC proposes that the maintenance of the eBee will be accomplished by the owner/operator according to the maintenance manual, provided by SenseFly. Hamm , INC 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 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 probl em 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