AKRON CONSULTING LLC

transition sense into solutions...

431 N. CENTER STREET • LONGVIEW • TX 75601

Phone: 903-236-9744 • Fax: 903-236-9745

info@akron-consulting.com • www.akron-consulting.com

August 29, 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, Akron Consulting LLC (“Akron”), an operator of the eBee Unmanned Aircraft System 

(“eBee”) seeks an exemption from the Federal Aviation Regulations (“FARs”) listed below:

• 14 C.F.R. Part 21; 

• 14 C.F.R. 61.113(a) & (b)

• 14 C.F.R. 61.133(a) 

• 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 operation of the eBee, fixed wing UAS, 

manufactured by SenseFly Ltd. The SenseFly eBEE, which has a nominal take0off weight less than 2.0 

lbs., will perform precision aerial surveys that consist of still photographs taken by onboard cameras. The 

eBee takes a series of high quality, still digital images that are used to produce precision digital point 

clouds, triangulated models and contour maps of the surveyed area.

Mapping applications with the eBee may include agricultural applications, mining, construction and 

survey/GIS operations. The eBee has been very successful worldwide (thousands in operation in more 

than 50 countries) due to its many operational benefits:

• The eBee brings safety to daily survey operations: The eBee eliminates the need for humans to 

access dangerous working areas (mines, quarries, or polluted sites). Flight missions can be 

programmed and reproduced reliably as often as needed for regularly updated maps.

• The eBee is a cost-effective solution: Operation of a UAS rather than an aircraft or ground 

system provides comparably accurate results. Small UAS like the eBee can help agriculture 

businesses and farmers face the growing needs of the population while reducing operational costs. 

• Users can save time and work more efficiently by using the eBee. A mission does not require a 

long preparation time, deployment constraints, or long waiting time for perfect weather 

conditions unlike, for example, satellites. Initial results are accessible directly on-site, which is 

not commonly possible with images provided by satellites or manned aircraft.
• The eBee has social benefits as well: it is eco-friendly (electric-powered), and its affordability 

allows many high-valued applications such as data gathering for sustainability projects 

(agribusiness, reforestation) or post-disaster management missions. 

• Use of the eBee for aerial surveys reduces the need to operate conventional aircraft for the same 

purpose and provides very high quality imagery at a fraction of the cost. These savings result in 

enhanced efficiency and productivity for the affected activities as well as environmental benefits. 

Operations under the exemption will be subject to strict operating requirements and conditions to ensure 

at least an equivalent level of safety to currently authorized operations using manned aircraft and under 

conditions as may be modified by the FAA as required by Section 333.

Akron respectfully submits this petition because this small, unmanned aerial vehicle – the eBee – will be 

used in lieu of comparatively hazardous operations now conducted with conventional fixed wing and 

rotary aircraft, the FAA can have confidence that the operations will achieve at least an equivalent or

greater level of safety. Approval of this exemption would thereby enhance safety and fulfill the Secretary 

of Transportation’s (the FAA Administrator’s) responsibilities under Section 333(c) of the Reform Act to 

“establish requirements for the safe operation of such aircraft systems in the national airspace system.” 

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-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 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 detachable 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. APPLICABLE LEGAL STANDARD UNDER SECTION 333

a. Airworthiness assessment of the eBee

Akron 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-ebeeairworthiness-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 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, 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 of the exemption to Akron 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 UAS may not be operated at a speed exceeding 87 knots (100 miles per hour). The 

exemption holder may use either groundspeed or calibrated airspeed to determine compliance with 

the 87 knot speed restriction. In no case will the UAS be operated at airspeeds greater than the 

maximum UAS operating airspeed recommended by the aircraft manufacturer.

• 4. The UAS 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 UAS 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 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 UAS 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 all 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 the Administrator 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 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 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 any 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 updates 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 conducting 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 undue 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 is 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 prohibited 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 requirements 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, 

recreational, 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 also 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 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. PIC qualification flight hours and currency must 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 this exemption 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, all persons not essential for flight operations are considered 

nonparticipants, and the PIC must operate the UAS with appropriate distance from nonparticipants 

in accordance with 14 CFR § 91.119.

• 15. UAS operations may not be conducted during night, as defined 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 UAS 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 management 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 UAS 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.

• 18. If the UAS loses communications or loses its GPS signal, the UAS must return to a predetermined 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 available power for the UAS 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 operated 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 documents 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 any 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 UAS

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 UAS, flight 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 assessment 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 shall 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 conducted.

• 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 must be reported to the National 

Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: 

www.ntsb.gov.

3. CONCLUSION

In summary, Akron Consulting LLC seeks an exemption from the FARs set forth above and in Appendix 

A to allow commercial operations of a small unmanned vehicle conducting precision aerial surveys. 

Approval of the exemption allowing commercial operations of the eBee for precision survey work will 

enhance safety by reducing risk. Conventional aerial survey operations, using jet or piston-powered aircraft 

present risks associated with vehicle that weigh in the neighborhood of 5,000 to 7,000lbs., or more, carry 

large quantities of fuel, passengers, and, in some cases cargo. Such aircraft must fly to and from the survey 

location. In contrast, an eBee weighing less than 2 lbs and powered by batteries eliminates a portion of that 

risk given the reduced mass and lack of combustible fuel carried on board. The eBee is carried to the 

survey location, not flown there. The eBee will carry no passengers or crew and, therefore, will not expose 

any individuals to the risks associated with manned aircraft flights.

Additionally, no national security issue is raised by the grant of the requested exemptions. Given the size, 

load carrying capacity, speed at which it operates, and the fact that it carries no explosives or other 

dangerous materials, the eBee poses no threat to national security. The operation of the eBee, weighing

less than 2 lbs., for precision surveys in accordance with the strict conditions outlined above, will provide 

an equivalent level of safety supporting the grant of the exemptions requested herein, including exemption

Akron Consulting LLC from the requirements of Part 21. 

The eBee’s satisfaction of the criteria set forth in Section 333 of the Reform Act – size, weight, speed, 
operating capabilities, lack of proximity to airports and populated areas, operation within visual line of 

sight , and national security – and its showing of an equivalent level of safety as it may relate to the 

requirement for a pilot’s license, provide more than adequate justification for the grant of the requested 

exemption allowing commercial operation of the eBee in the commercial precision aerial survey business.

Yours sincerely,

Arun Srinivasan, P.E.

Akron Consulting LLC

431 N. Center St.

Longview, TX 75601

(O) 903-236-9744

aruns@akron-consulting.com
ANNEX A: EXEMPTION REQUEST AND EQUIVALENT LEVEL OF SAFETY 

SHOWINGS UNDER APPLICABLE RULES SUBJECT TO EXEMPTION

Akron 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 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 airworthiness 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 airworthiness 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 

assertion, is also being submitted to the FAA as part of this application. Akron 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 certificates, ratings and authorizations

14 C.F.R. § 61.113(a) & (b); 61.133(a): Private Pilot Privileges and Limitations; Pilot in 

Command; Commercial Pilot Privileges and Limitations

The regulation provides that no person may serve as a required pilot flight 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 exercising 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 certificate 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 business 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 software (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 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:

• New Mexico State University: https://newscenter.nmsu.edu/Articles/view/10208/nmsuuas-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, documentation 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 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 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 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 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, 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, Akron 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 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 that 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 under 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.

Akron proposes that the maintenance of the eBee will be accomplished by the owner/operator 

according to the maintenance manual, provided by SenseFly. Akron 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 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 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: SUMMARIZED FOR PURPOSES OF FEDERAL REGISTER 

PUBLICATION:

Applicant seeks an exemption from the following rules:

14 C.F.R. Part 21; 14 C.F.R. 61.113(a) & (b); 14 C.F.R. 61.133(a); 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) to operate commercially a small unmanned 

vehicle (55lbs or less) augmenting its engineering and surveying operations.