7800 IH-10 East at Foster Road

San Antonio, TX 78219

December 16, 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, New Earth, 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)

 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 aerial mapping and survey applications. These operations will be subject to strict operating requirements

defined in the eBee user manual New Earth 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 conditions defined in the paragraph 3.

New Earth is an organics recycling company consisting of composting, soil blending, and mulch

production in which the end product is sold to wholesale and retail consumers in the San Antonio

and Houston/Katy areas.

The scale upon which New Earth operates requires consistent inventory estimations of large

stock piles of materials. New Earth can improve and economize this process with the use of

UAV based aerial mapping in our stock yards. New Earth intends to use the senseFly eBee for

this purpose primarily and secondarily as a means of organizing our yards and maintaining the

best usage of space.
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. APPLICATIONS

Our primary application for the eBee will be for stock volume inventory at our production locations in Houston and San Antonio Texas. Some secondary uses may include;

• Identification of routing opportunities and constraints

• New site suitability evaluations

• Hazard identification and analysis
3. APPLICABLE LEGAL STANDARD UNDER SECTION 333

a. Airworthiness assessment of the eBee

New Earth 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-flighttest-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 (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 New Earth 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 holder 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 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 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 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 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 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 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, 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

New Earth, in association with senseFly and the Academy of Model Aeronautics organization,

who has a deep and well-known experience in terms of safe integration of remote controlled

aircraft in the National airspace for low-level operations, provides here adequate justification for

the grant of the requested exemption allowing safe flyovers for the purpose of conducting

monthly bulk inventory surveys at all three New Earth facilities.

The value that the eBee could bring to our company is invaluable. It would produce accurate and

consistent inventory calculations for our production/organics recycling operations reducing the

shrink/swell of inventory due to human error in counting and in production practices and would

allow New Earth to provide product to our customers at a competitive price point. The demand
for improved, accurate data will continue to increase as the economy within New Earth’s industry continues to progress. The safe integration of the eBee system will greatly benefit the company economically and professionally.

New Earth offers in this Exemption a pragmatic approach to allow the efficient operation of ultra-light UAVs pursuant to FAA, AMA, and senseFly safety requirements and conditions.

Thank You,

Michael Conner

Product Manager

New Earth
ANNEX A: EXEMPTION REQUEST AND EQUIVALENT LEVEL OF SAFETY

SHOWINGS UNDER APPLICABLE RULES SUBJECT TO EXEMPTION

New Earth 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. New Earth 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, New Earth 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 a “low” and “critical” battery 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.

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