Page 1 of 12

May 23

, 2015

Z .P. le Roux

101 Silverado Drive

Madison

AL 35758 USA

Phone: 256.724.1587

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 Re form 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, Zach le Roux ( hereafter referred to as “Applicant”) an operator of the eBee Unmanned Aircraft System (“eBee”) and manufactured by SenseFly

, 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 various applications.

These operations will be subject to strict operating requirements defined in the eBee user manual . Th is user manual has already been submitted to the FAA by SenseFly ( the manufacturer of the eBee) in its re quest resulting in the FAA granting exemption no. 11263 on April 1, 2015

. The operat ion of the eBee will further be subject to co nditions defined in the paragraph 3

.

Since th is petition for exemption is similar to approvals of previous requests involving the eB ee, A pplicant request s that this petition for exemption be processed under the “ summary grant ” ( see https://www.faa.gov/news/updates/?newsId=82485 ) process

.

1. CHARACTERISTICS OF THE AIRCRAFT

The eBee is a small (37.8 inches wingspan) and ultra

- light (maximum tak e

- 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 efficientl y 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 weightPage 2 of 12

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. El ectric

- 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

- au tomatic 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 op erator.

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 tak e manual control of the aircraft should it become necessary to respond emergent circumstances, thanks to the remote controller provided with the system.

2. APPLICATIONS

A pplications with unmanned aerial systems, like the eBee (hereafter referred as the “ sUAS ” ), may include agricultural applications, mining, construction , mapping

, UAS Operator Training, public safety / disaster response support, aerial inspections and survey/GIS operations.

The sUAS offers many operational benefits, which include:

a. Bri nging safety to daily aerial imaging operations: there is no need for the humans to access dangerous working areas anymore (mines, quarries, or polluted sites). The missions can be programmed and reproduced reliably as often as needed for regularly updated maps.

b. The sUAS is a cost

- effective solution

c. Users can save time and work more efficiently by using the sUAS: A mission does not need a long preparation time or long deployment constraints, or long waiting time for perfect weather conditions unlike , for example, the use

of satellites. Initial results are available and accessible directly on

- site

.

d. Social benefits: The sUAS is eco

- friendly (electric

- powered), and its affordability allows many high

- valued applications like data gathering for susta inability projects or post

- disaster management missions.

3. APPLICABLE LEGAL STANDARD UNDER SECTION 333

a. Airworthiness assessment of the eBee

APPLICANT notes that the airworthiness of the eBee has already been demonstrated for different projects in t he United States, involving state/federal agencies or universities (among others the New Mexico State University: https://news center.nmsu.edu/Articles/view/10208/nmsu

- uas

- flight

- test

- center

- conducts

- ebee

- airworthiness

-Page 3 of 12

assessment , and the USACE New Orleans, who coordinated with the Department of Army and the FAA to obtain all authorizations required i n order to operate the eBee U AS). 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 (f light approval for VLOS operations)

 Sweden (flight approval for VLOS operations)

 Denmark (flight approval for VLOS operations)

b. Operating Conditions

Grant of the exemption to APPLICANT, will be subject to the following operating conditions, based on t he operating conditions set forth by the AMA (see Annex B), and the factors the FAA is to consider under section 333. The main

restrictions are summarized below:

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

 The U nmanned Aircraft (UA) may not be operated at a speed exceeding 87 knots (100 miles per hour). The

e xemption 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 manufac turer.

 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.

 The UA must be operated within visual line of sight (VLOS) of the P ilot

- in

- Command (P IC ) at all times. This requires t he 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.

 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 mes saging 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.

 This exemption , should it be granted, 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 o perating 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 c onditions andPage 4 of 12

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 e xemption. 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.

 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 un dergo 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 i n such a manner so as to not pose an undue hazard to persons and property.

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

 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 operati on 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.

 The operator must follow the UAS manufacturer’s maintenance, overhaul, replacement, insp ection, and life limit requirements for the aircraft and aircraft components.

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

 Under this grant of exemption, a PIC must hold either an airline transport, commercia l, 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 gover nment. 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.

 The operator may not permit any PIC to operate unless the PIC demonstrates the ability to sa fely 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 hou rs 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

- b uilding 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.

 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.

 The UA may not operate within 5 nautical miles of an airport reference p oint (ARP) as denoted in the currentPage 5 of 12

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.

 The UA may not be operat ed 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.

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

- determined location

within th e private or controlled

- access property.

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

 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.

 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.

 All aircraft operated in accordan ce 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.

 Documents used b y 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 m ade available to the Administrator or any law enforcement official upon request.

 The UA must remain clear and give way to all manned aviation operations and activities at all times.

 The UAS may not be operated by the PIC from any moving device or vehicle

.

 All Flight operations must be conducted at least 500 feet from all nonparticipating persons, vessels, vehicles,

and structures unless:

o Barriers or structures are present that sufficiently protect nonparticipating persons from the UA

and/or debris in th e 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 immediat ely in a manner ensuring the safety of nonparticipating persons; and

o 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 cons idered nonparticipating persons.

 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.Page 6 of 12

 Any incident, accident, or flight operation that tra nsgresses 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 (NTS B) per instructions

contained on the NTSB Web site: www.ntsb.gov

.

c. Operating Requirements

The eBee is an ultra

- light UAV platform made of flexible foam with no sharp or hard edge characterized by a high level of pre

- programmed control and various built

- in technical capabilities (programming of a geo

- fence, automatic wind detection) that prevent the operator doing a mission outside of the operating limits. All flights are pre

programmed with GPS guidance and do not re quire human intervention; nevertheless human override is possible by clicking on one of the multiple “action” buttons or by using the remote controller provided with each eBee system. In

the case of unplanned events, either the autopilot reacts immediately or the operator can choose between different

pre

- programmed or manual actions. Those procedures include a Flight Termination System (emergency landing procedure, triggered by the autopilot or the operator in charge: given its very light weight, the eBee w ill initiate a gliding approach to the ground at very low speed around the current location). Moreover, the kinetic energy of the

aircraft is 60 J in

- flight at cruise speed. In comparison, the kinetic energy of a football is about 110 J when thrown by

hand

.

Given the above described safety features, recognized by the U.S. Army Corps of Engineers and the national aviation authority of several countries, APPLICANT requests an exemption from the airworthiness certification requirements in Part 21 and the conc omitant requirements in 14 C.F.R. 91.7(a)) and 91.203 to operate an airworthy

aircraft.

APPLICANT also proposes that operators of the eBee should not be required to hold a commercial or private pilot certification, and hereby requests an exemption from t he pilot certification requirements in the Federal Aviation Act and Part 61. Pilot certification requirements for manned aircraft are neither necessary nor appropriate in many respects for operators of small, ultra lightweight UAVs. There are undoubtedly A TP

- certificated pilots who nonetheless would need training to operate a UAV safely; conversely, the UAV training regimen includes instruction

for non

- certificated operators in those aspects of safe operation in the National Airspace System (“NAS”) that are relevant to the UAV and the UAS operation. The FAA has authority under both section 333 and its general waiver and exemption authority in 49 U.S.C. 44701(f) to waive the statutory pilot certification requirement upon a showing that the required UAS train ing achieves an equivalent level of safety.

To achieve as well as exceed an equivalent level of safety, operators will be required to:

 Have completed an AMA affiliated small UAS education and training program and achieved an AMA UAS
endorsement, or have successfully completed a small UAS education and training program provided by any FAA qualified entity, and;

 Have passed the UAS manufacturer’s training program for operation of the UAS. The manufacturer’s training program for operators has been already satisfactorily reviewed through the Application for Airworthiness Qualification Level (AQL) 3 Airworthiness Release (AWR).

APPLICANT also seeks an exemption from certain requirements in Parts 45 and 91 that are impractical as well as unnecessary for UAS operations. Please see Annex A for a detailed explanation of each regulation from which an exemption is sought and the equivalent level of safety showing.Page 7 of 12

3. CONCLUSION

Applicant’s Petition for Exemption satisfies the criteria articulated in Sect ion 333 of the Reform Act of 2012 including weight, speed, operating capabilities, proximity to airports and populated areas, operation within visual line

- of

- sight and national security.

APPLICANT submits this in this petition a pragmatic approach to al low the safe and efficient operation of ultra

- light UAVs pursuant to FAA, AMA, and manufacturer’s safety requirements and conditions.

The proposed UAS operations will benefit the public as a whole by ensuring that UAS o perations are done in

accordance wit h current legislative and regulatory frameworks.

In consideration of the foregoing, APPLICANT’s Petition for Exemption provides the FAA with sufficient justification for granting of the requested exemptions.

Should you have any questions, or if you need additional information to support the requested exemptions, please contact the undersigned.

Yours sincerely,

Z .P. le Roux

101 Silverado Drive

Madison

AL 35758 USA

Phone: 256.724.1587Page 8 of 12

Attachments

ANNEX A: EXEMPTION REQUEST AND EQUIVALENT LEVEL OF SAFETY SHOWINGS UNDER APPLICABLE

RULES SUBJECT TO EXEMPTION

ANNEX B: ACADEMY OF MODEL AERONAUTICS SAFETY REQUIREMENTSPage 9 of 12

ANNEX A: EXEMPTION REQUEST AND EQUIVALENT LEVEL OF SAFETY SHOWINGS UNDER APPLICABLE

RULES SUBJECT TO EXEMPTION

APPLICANT requests an exemption fro m 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 weig ht (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 lev els.

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 a irworthiness 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 th at assertion, is also being submitted to the FAA as part of this application. APPLICANT 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: Requireme nts 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 require d 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 wh en 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 man agement software (eMotion), APPLICANT 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 successfull y 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 thePage 10 of 12

exemption be granted allowin g 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 Univ ersity: https://newscenter.nmsu.edu/Articles/view/10208/nmsu

- uas

- flight

- test

- center

conducts

- ebee

- airworthiness

- assessment

 U SACE 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 aircr aft 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 beca use 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 pe rsons 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, APPLICANT believes that an equiv alent 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 a n 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.

APPLICANT proposes that the maintenance of the eBee will be accomplished by the owner/operator according to thePage 11 of 12

maintenance manual, provided by SenseFly. APPLICANT 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 ex ternal 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 safe ty. 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 err or 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 m ake sure the wings and propulsion system are always airworthy when a mission is initiated.Page 12 of 12

ANNEX B: ACADEMY OF MODEL AERONAUTICS SAFETY REQUIREMENTS

http://www.modelaircraft.org/files/105.pdf http://www.modelaircraft.org/files/540

- D.pdf http://www.modelaircraft.org/files/560.pdf