Thiele Kaolin Company 520 Kaolin Road Sandersville,
GA 31082 January 28, 2016 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, Thiele Kaolin Company ("TKC"),

an operator
of the eBee Unmanned Aircraft System ("eBee") seeks an exemption from the Federal Aviation Regulations ("FARs") listed below: • 14 C.F.R. 21 • 14 C.F.R. 61.133(a)
(b) • 14 C.F.R. 91.7(b) • 14C.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 manual and conditions defined
in the paragraph

3. TKC 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. 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

to emergent circumstances, thanks
to the remote controller provided with the system. 2. APPLICATIONS TKC
is a one of the world's leading sources for processed kaolin clay. Thiele mines, processes, blends and delivers the full spectrum
of kaolin coating and filler pigments. Thiele personnel are required

to survey
in mines, along high walls and on and around stockpiles,

all within the vicinity of large machinery. This exposes employees

to a number of risks, including potential falls due to difficult and uneven ground conditions and steep slopes, working near high voltage power lines, and walking around active mine sites and in high traffic areas. UAV technology offers

a safer and more cost effective collection method compared

to traditional land surveying, mapping, mining, and construction methods. Utilizing the SenseFly eBee will allow TKC to provide workflow efficiencies

in addition

to improved overall job site safety. The unmanned aspect of the eBee UA V system greatly decreases risk in hazardous job conditions
by allowing employees

to work in a much safer environment. 3. APPLICABLE LEGAL STANDARD UNDER SECTION 333 a. Airworthiness assessment

of the eBee TKC 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:

htt p s://newscenter.nmsu.edu/Articles/view/10208/nmsu-uas-fli

g ht-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 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(flightapprovalforVLOSoperations)•France(flightapprovalforExtended-VLOSoperations)•Germany(flightapprovalforVLOSoperations)•UnitedKingdom(flightapprovalforVLOSoperations)•Norway(flightapprovalforVLOSoperations)•Sweden(flightapprovalforVLOSoperations)•Denmark(flightapprovalforVLOSoperations)b.OperatingrequirementsGrantoftheexemptiontoTKCfortheeBeewillbesubjecttothefollowingoperatingconditions:•1.OperationsauthorizedbythisgrantofexemptionarelimitedtotheSenseFlyeBeewhenweighinglessthan55poundsincludingpayload.Proposedoperationsofanyotheraircraftwillrequireanewpetitionorapetitiontoamendthisexemption.•2.Operationsforthepurposeofclosed-setmotionpictureandtelevisionfilmingarenotpermitted.•3.TheUAmaynotbeoperatedataspeedexceeding87knots(100milesperhour).Theexemptionholdermayuseeithergroundspeedorcalibratedairspeedtodeterminecompliancewiththe87knotspeedrestriction.InnocasewilltheUAbeoperatedatairspeedsgreaterthanthemaximumUAoperatingairspeedrecommendedbytheaircraftmanufacturer.•4.TheUAmustbeoperatedatanaltitudeofnomorethan400feetabovegroundlevel(AGL).AltitudemustbereportedinfeetAGL.•5.TheUAmustbeoperatedwithinvisuallineofsight(VLOS)ofthePICatalltimes.ThisrequiresthePICtobeabletousehumanvisionunaidedbyanydeviceotherthancorrectivelenses,asspecifiedonthePIC'sFAA-issuedairmanmedicalcertificateorU.S.driver'slicense.•6.Alloperationsmustutilizeavisualobserver(VO).TheUAmustbeoperatedwithinthevisuallineofsight(VLOS)ofthePICandVOatalltimes.TheVOmaybeusedtosatisfytheVLOSrequirementaslongasthePICalwaysmaintainsVLOScapability.TheVOandPICmustbeabletocommunicateverballyatalltimes;electronicmessagingortextingisnotpermittedduringflightoperations.ThePICmustbedesignatedbeforetheflightandcannottransferhisorherdesignationforthedurationoftheflight.ThePICmustensurethattheVOcanperformthedutiesrequiredoftheVO.•7.ThisexemptionandalldocumentsneededtooperatetheUASandconductitsoperationsinaccordancewiththeconditionsandlimitationsstatedinthisgrantofexemption,arehereinafterreferredtoastheoperatingdocuments.TheoperatingdocumentsmustbeaccessibleduringUASoperationsandmadeavailabletotheAdministratoruponrequest.Ifadiscrepancyexistsbetweentheconditionsandlimitationsinthisexemptionandtheproceduresoutlinedintheoperatingdocuments,theconditionsandlimitationshereintakeprecedenceandmustbefollowed.Otherwise,theoperatormustfollowtheproceduresasoutlinedinitsoperatingdocuments.Theoperatormayupdateorreviseitsoperatingdocuments.Itistheoperator'sresponsibilitytotracksuchrevisionsandpresentupdatedandreviseddocumentstotheAdministratororanylawenforcement 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 UA 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 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 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 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. • 18. If the UAS loses communications

or loses its GPS signal, the UA 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 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 CO A. • 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
(NNumber) 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 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, flightoperations 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: The unmanned aspect of the eBee UA V system decreases risk in hazardous job conditions such as along quarry walls, walking
on top of stock piles, mapping within high voltage power lines, walking around active landfills, and in high traffic areas for roadway survey and design.ANNEX
A: EXEMPTION REQUEST AND EQUIVALENT LEVEL OF SAFETY SHOWINGS UNDER APPLICABLE RULES SUBJECT TO EXEMPTION TKC 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. TKC requests the FAA treat the eBee risk assessment

as proprietary under 14 C.P.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 thatperson'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:

htt p s://newscenter.nmsu.edu/Articles/view/10208/nmsuuas-fli

g ht-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, TKC 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 "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

. TKC proposes that the maintenance

of the eBee will be accomplished

by the owner/operator according

to the maintenance manual, provided
by SenseFly. TKC 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.