Goodwin, Mills & Caw ood

August 4, 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 Regula tions

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, GMC Inc. (“ GMC ”), an operator of the eBee Unmanned Aircraft System (“eBee”) seeks an exemption from the Federal Aviat ion Regulations (“FARs”) listed below:

 14 C.F.R. 21

 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 ma pping and survey applications. These operations will be subject to strict operating requirements defined in the eBee user manual ( GMC requests the FAA treat the eBee training program as proprietary under 14 C.F.R. 11.35(b) and does not include this documen t in the public docket) and conditions

defined in the paragraph 3

.

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

- pro grammed 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 came ra, protected by a foam envelope, the eBee takes a collection 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 s o 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 h azardous situations. Finally, the wings of the eBee are detachable and made of flexible foam with no sharp or hard edges and almost no internal strengthening structure.

b. Electric

- poweredThe 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 autopilo t 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 overrid e 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 c ircumstances, thanks to the remote controller provided with the system.

2. APPLICATIONS

( G oodwyn/Mills/Cawood Inc. is an Engineering, Surveying and M apping Company that
provides expertise in Surveying and Engineering Projects utilizing surve y data for Aerial
Photography, and Topographic Mapping for the design of public and private developments of
roads, utility routes , subdivisions, stream and wetland, mining, construction and agricultural
projects. UAV technology offers a much more cost effective and safer collection method
compared to the general land surveying and mapping methods for many of these projects,
Utilizing the SenseFly eBee will allow Goodwyn/Mills/Cawood Inc. to provide its clients a
service and UAV platform that will increase workflow efficiencies in addition to improved
overall job site s afety. The unmanned aspect of the eBee UAV system decreases risk in
hazardous job conditions such as walking on top of stock piles and along quarry walls, wading
and boating rivers and lakes and other hazardous waterways conditions, and mapping within hi gh
voltage substations and transmission power lines.

Goodwyn/Mills/Cawood Inc., in association with SenseFly, who has experience with safe
integration of unmanned aircraft in the National airspace, has hopefully provided justification for
the grant of an exemption allowing use of the eBee for data capture and design of Engineering,
Surveying and Environmental development projects. )

3. APPLICABLE LEGAL STANDARD UNDER SECTION 333

a. Airworthiness assessment of the eBee

GMC 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 obt ain all authorizations required i n order to operate the eBee UAS). Moreover the eBee already received 15 Exemptions from the FAA

.SenseFly also obtained flight approvals for the eBee (delivered by national civil aviation

authorities) in many countries, am ong 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 of the exemption to GMC for the eBee will be subject to the following operating

conditions :

 1. Operations authorized by this grant of exemption are limited to the SenseFly eBee when weighing less than 55 pounds including payload. Proposed operations of any other aircraft will require a new petition or a petition to amend this exemption.

 2. Operations for the purpose of closed

- set motion picture and television filming are not permitted.

 3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The exemption holde r may use either groundspeed or calibrated airspeed to determine compliance with the 87 knot speed restriction. In no case will the UA be operated at airspeeds greater than the maximum UA operating airspeed recommended by the aircraft

manufacturer.

 4. The UA must be operated at an altitude of no more than 400 feet above ground level (AGL). Altitude must be reported in feet AGL.

 5. 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 hu man vision unaided by any device other than corrective lenses, as specified on the PIC’s FAA

- issued airman medical certificate or U.S.

driver’s license.

 6. All operations must utilize a visual observer (VO). The UA must be operated within the

visual line of sight (VLOS) of the PIC and VO at all times. 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; electronic messaging or texting is

not permitted during flight operations. 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 duties required of the VO.

 7. This exemption and a ll documents needed to operate the UAS and conduct its operations in accordance with the conditions and limitations stated in this grant of exemption, are hereinafter referred to as the operating documents. The operating documents must be accessible during UAS operations and made available to theAdministrator upon request. If a discrepancy exists between the conditions and limitations

in this exemption and the procedures outlined in the operating documents, the conditions and limitations herein take preced ence and must be followed. Otherwise, the operator must follow the procedures as outlined in its operating documents. The operator may update or revise its operating documents. It is the operator’s responsibility to track such revisions and present updated and revised documents to the Administrator or any law enforcement official upon request. 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 an y update or revision would affect the basis upon which the FAA granted this exemption, then the operator must petition for an amendment to its grant of exemption. The FAA’s UAS Integration Office (AFS

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

 8. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g. replacement of a flight critical component, must undergo a functional test flight prior to c onducting further operations under this exemption. Functional test flights may only be conducted by a PIC with a VO and must remain at least 500 feet from other people. The functional test flight must be conducted in such a manner so as to not pose an undu e hazard to persons and property.

 9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is in a condition for safe operation.

 10. Prior to each flight, the PIC must conduct a pre

- flight inspection and determine the

UAS i s in a condition for safe flight. The pre

- flight inspection must account for all potential discrepancies, e.g. inoperable components, items, or equipment. If the inspection reveals a condition that affects the safe operation of the UAS, the aircraft is pro hibited from operating until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight.

 11. The operator must follow the UAS manufacturer’s maintenance, overhaul, replacement, inspection, and life limit require ments for the aircraft and aircraft

components.

 12. Each UAS operated under this exemption must comply with all manufacturer safety

bulletins.

 13. Under this grant of exemption, a PIC must hold either an airline transport, commercial, private, recreation al, or sport pilot certificate. The PIC must also hold a current FAA airman medical certificate or a valid U.S. driver’s license issued by a state, the District of Colombia, Puerto Rico, a territory, a possession, or the Federal government. The PIC must

al so meet the flight review requirements specified in 14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.

 14. The operator may not permit any PIC to operate unless the PIC demonstrates the ability to safely operate the U AS 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. PIC qualification flight hours and currency mu st be logged in a manner consistent with 14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs (training, proficiency, and experience

- building) and determining the PIC’s ability to safely operate the UAS in a manner consistent with how the UAS will be operated under thisexemption are permitted under the terms of this exemption. However, training operations

may only be conducted during dedicated training sessions. During training, proficiency, and experience

- building flights, a ll persons not essential for flight operations are considered nonparticipants, and the PIC must operate the UA with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119.

 15. UAS operations may not be conducted during night, as defi ned in 14 CFR § 1.1. All operations must be conducted under visual meteorological conditions (VMC). Flights under special visual flight rules (SVFR) are not authorized.

 16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as denoted in the current FAA Airport/Facility Directory (AFD) or for airports not denoted with an ARP, the center of the airport symbol as denoted on the current FAA

- published aeronautical chart, unless a letter of agreement with that airport’s manageme nt is obtained or otherwise permitted by a COA issued to the exemption holder. The letter of agreement with the airport management must be made available to the Administrator or any law enforcement official upon request.

 17. The UA may not be operated les s 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.

 18. If the UAS loses communications or loses its GPS signal, the UA must return to a pre

determined location within the private or controlled

- access property.

 19. The PIC must abort the flight in the event of unpredicted obstacles or emergencies.

 20. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough ava ilable power for the UA to conduct the intended operation and to operate after that for at least five minutes or with the reserve power recommended by the manufacturer if greater.

 21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization ( COA). All operations shall be conducted in accordance with an ATO

- issued COA. The exemption holder may apply for a new or amended COA if it intends to conduct operations that

cannot be conducted under the terms of the attached COA.

 22. All aircraft operat ed in accordance with this exemption must be identified 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.



 23

. Documents used by the operator to ensure the safe operation and flight of the UAS and any 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

d ocuments must be made available to the Administrator or any law enforcement official

upon request.

 24. The UA must remain clear and give way to all manned aviation operations and

activities at all times.

 25. The UAS may not be operated by the PIC from an y moving device or vehicle. 26. All Flight operations must be conducted at least 500 feet from all nonparticipating

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 arises where nonparticipating persons leave such protection and are within 500 feet of the UA, fligh t operations must cease immediately in a manner ensuring the safety of nonparticipating persons; and

 b. The owner/controller of any vessels, vehicles or structures has granted permission for operating closer to those objects and the PIC has made a safety a ssessment of the risk of operating closer to those objects and determined that it does not present an undue hazard.

The PIC, VO, operator trainees or essential persons are not considered nonparticipating persons under this exemption.

 27. All operations s hall be conducted over private or controlled

- access property with permission from the property owner/controller or authorized representative. Permission from property owner/controller or authorized representative will be obtained for each flight to be cond ucted.

 28. 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 m ust be reported to the National Transportation Safety Board (NTSB) per instructions contained on the

NTSB Web site: www.ntsb.gov

.

3. CONCLUSION

GMC is going to use the eBee for internal testing and verifying of survey data. GMC will use the eBee to collect survey data for the design of s urvey and engineering projects.

Yours sincerely,

Rick Clay Survey Manager GMC

SignatureANNEX A: EXEMPTION REQUEST AND EQUIVALENT LEVEL OF SAFETY

SHOWINGS UNDER APPLICABLE RULES SUBJECT TO EXEMPTION

XXXX requests an exemption from th e 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 c ertificate 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 a irworthiness 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 airwo rthiness 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

a ssertion, is also being submitted to the FAA as part of this application. XXXX 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. § 61.3: Requirements for c ertificates, ratings and authorizations
14 C.F.R. § 61.113(a) & (b); 61.133(a): Private Pilot Privileges and Limitations; Pilot inCommand; Commercial Pilot Privileges and Limitations

The regulation provides that no person may serve as a required pilot f light crewmember of a civil aircraft of the United States, unless that person:

(1) Has a pilot certificate or special purpose pilot authorization issued under this part in that person's physical possession or readily accessible in the aircraft when exerci sing 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 cer tificate 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 employment if:

(1) The flight is only incidental to that b usiness or employment; (2) The aircraft does not carry passengers or property for compensation or hire.

Given the safety features of the eBee and the fact that the missions are pre

- programmed and

monitored in real

- time with a specific flight management s oftware (eMotion), SenseFly proposes that operators of the eBee should not be required to hold a commercial pilot certification. Instead, operators should be required to: Have a sport or recreational pilot license (at least) and have successfully passed a manufacturer’ s training program for the eBee.

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 commerci al 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 O rleans, 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 structure s & 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 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 eB ee 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, preventing the eBee to go beyond the flight area.The landowner and the persons who m ay 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 persons,

v essels, 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 ope rated at an altitude allowing, if a power unit fails, an emergency landing without undue hazard to persons or property on the surface.

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 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, XXXX believes that an equivalent level of s afety 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 warnings and implemented a “return to Hom e” (and “Go Land”) actions in these

situations. 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 condi tion, 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 inspect ion 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 a pproval of the aircraft for return to service.

XXXX proposes that the maintenance of the eBee will be accomplished by the owner/operator according to the maintenance manual, provided by SenseFly. XXXX requests the FAA treat the eBee training program as p roprietary 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 f light, 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

t he 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 pro pulsion system are always airworthy

when a mission is initiated.