June 5, 2015

Exemption No. 11754

Regulatory Docket No. FAA–2015–0922

Mr. Neal Bolton

President

Blue Ridge Services, Inc.

7204 Hites Cove Road

Mariposa, CA 95338

Dear Mr. Bolton:

This letter is to inform you that we have granted your request for exemption. It transmits our 

decision, explains its basis, and gives you the conditions and limitations of the exemption, 

including the date it ends.

By letter dated April 8, 2015, you petitioned the Federal Aviation Administration (FAA) on 

behalf of Blue Ridge Services, Inc. (hereinafter petitioner or operator) for an exemption. The 

petitioner requested to operate an unmanned aircraft system (UAS) to conduct aerial 

observations and research.

See Appendix A for the petition submitted to the FAA describing the proposed operations and 

the regulations that the petitioner seeks an exemption.

The FAA has determined that good cause exists for not publishing a summary of the petition 

in the Federal Register because the requested exemption would not set a precedent, and any 

delay in acting on this petition would be detrimental to the petitioner.

Airworthiness Certification

The UAS proposed by the petitioner is a senseFly eBee.

The petitioner requested relief from 14 CFR part 21, Certification procedures for products 

and parts, Subpart H—Airworthiness Certificates. In accordance with the statutory criteria 

provided in Section 333 of Public Law 112−95 in reference to 49 U.S.C. § 44704, and in 
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consideration of the size, weight, speed, and limited operating area associated with the 

aircraft and its operation, the Secretary of Transportation has determined that this aircraft 

meets the conditions of Section 333. Therefore, the FAA finds that the requested relief from 

14 CFR part 21, and any associated noise certification and testing requirements of part 36, is 

not necessary.

The Basis for Our Decision

You have requested to use a UAS for aerial data collection1. The FAA has issued grants of 

exemption in circumstances similar in all material respects to those presented in your petition. 

In Grants of Exemption Nos. 11062 to Astraeus Aerial (see Docket No. FAA−2014−0352), 

11109 to Clayco, Inc. (see Docket No. FAA−2014−0507), 11112 to VDOS Global, LLC (see

Docket No. FAA−2014−0382), and 11213 to Aeryon Labs, Inc. (see Docket No. 

FAA−2014−0642), the FAA found that the enhanced safety achieved using an unmanned 

aircraft (UA) with the specifications described by the petitioner and carrying no passengers or 

crew, rather than a manned aircraft of significantly greater proportions, carrying crew in 

addition to flammable fuel, gives the FAA good cause to find that the UAS operation enabled 

by this exemption is in the public interest.

Having reviewed your reasons for requesting an exemption, I find that—

• They are similar in all material respects to relief previously requested in Grant of 

Exemption Nos. 11062, 11109, 11112, and 11213;

• The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and 

11213 also apply to the situation you present; and 

• A grant of exemption is in the public interest.

Our Decision

In consideration of the foregoing, I find that a grant of exemption is in the public interest. 

Therefore, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701, 

delegated to me by the Administrator, Blue Ridge Services, Inc. is granted an exemption from 

14 CFR §§ 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a), 61.315(a), 91.7(a), 91.119(c), 

91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b), to 

the extent necessary to allow the petitioner to operate a UAS to perform aerial data collection. 

This exemption is subject to the conditions and limitations listed below.

 

1 Aerial data collection includes any remote sensing and measuring by an instrument(s) aboard the UA. 

Examples include imagery (photography, video, infrared, etc.), electronic measurement (precision surveying, RF 

analysis, etc.), chemical measurement (particulate measurement, etc.), or any other gathering of data by 

instruments aboard the UA.
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Conditions and Limitations

In this grant of exemption, Blue Ridge Services, Inc. is hereafter referred to as the operator.

Failure to comply with any of the conditions and limitations of this grant of exemption will be 

grounds for the immediate suspension or rescission of this exemption.

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. 
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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 Columbia, 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 
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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 

pre-determined location within the private or controlled-access property.

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

20. The PIC is prohibited from beginning a flight unless (considering wind and forecast 

weather conditions) there is enough 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 
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(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.

If this exemption permits operations for the purpose of closed-set motion picture and 

television filming and production, the following additional conditions and limitations apply.
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29. The operator must have a motion picture and television operations manual (MPTOM) 

as documented in this grant of exemption.

30. At least 3 days before aerial filming, the operator of the UAS affected by this 

exemption must submit a written Plan of Activities to the local Flight Standards 

District Office (FSDO) with jurisdiction over the area of proposed filming. The 3-day 

notification may be waived with the concurrence of the FSDO. The plan of activities 

must include at least the following:

a. Dates and times for all flights;

b. Name and phone number of the operator for the UAS aerial filming conducted 

under this grant of exemption;

c. Name and phone number of the person responsible for the on-scene operation of 

the UAS;

d. Make, model, and serial or N−Number of UAS to be used;

e. Name and certificate number of UAS PICs involved in the aerial filming;

f. A statement that the operator has obtained permission from property owners 

and/or local officials to conduct the filming production event; the list of those 

who gave permission must be made available to the inspector upon request;

g. Signature of exemption holder or representative; and

h. A description of the flight activity, including maps or diagrams of any area, city, 

town, county, and/or state over which filming will be conducted and the altitudes 

essential to accomplish the operation.

31. Flight operations may be conducted closer than 500 feet from participating persons 

consenting to be involved and necessary for the filming production, as specified in the 

exemption holder’s MPTOM.

Unless otherwise specified in this grant of exemption, the UAS, the UAS PIC, and the UAS 

operations must comply with all applicable parts of 14 CFR including, but not limited to, 

parts 45, 47, 61, and 91.

This exemption terminates on June 30, 2017, unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan

Director, Flight Standards Service

Enclosures
Blue Ridge Services, Inc.

7204 Hites Cove Road

Mariposa, CA 95338

April 8, 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, Blue Ridge Services (“BRS”), professional consulting firm specializing in 

solid waste operations and efficiency improvement, 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. 45.23

 14 C.F.R. 45.29

 14 C.F.R. 61.3

 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. 91.9(b)(2)

 14 C.F.R. 91.109(a)

 14 C.F.R. 91.119

 14 C.F.R. 91.151(a)

 14 C.F.R. 91.203(a) & (b)

 14 CFR Subpart E (91.401 - 91.417)

The requested exemption would authorize commercial operations using the eBee for the purpose 

of conducting aerial observations and research over waste facilities with the intention of creating 

fill sequence plans, soil management plans, and other operational planning documents by BRS in 

the United States. These operations will be subject to strict operating requirements defined in the 

eBee user manual (BRS 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 

by the Safety Code of the Academy of Model Aeronautics (see Annex B), in order to ensure at 

least an equivalent level of safety to currently authorized operations using manned aircrafts. 

BRS was founded in 1988 by Neal Bolton, a leading engineer, consultant, book author, and expert 

witness in the solid waste management industry. BRS is a professional consulting firm 

specializing in solid waste operations and efficiency improvement, facility management, planning, 

online media training, on-site training and environmental monitoring/maintenance. As a 

consulting company, BRS strives to provide clients with quality, cost-effective consulting and 

engineering services. The company has the in-house capability and proprietary platforms to 

provide practical and economical waste consulting services for clients.

The team has worked at hundreds of waste facilities around the globe, including transfer stations, 

landfills, organic processing facilities and recycling centers. BRS has provided training for 

thousands of waste workers on issues related to safety, operations, efficiency, and management.

Unmanned Aerial Vehicle (UAV) technology, and its associated data, is becoming a desirable 

deliverable within the geophysical and engineering industries. As client requirements continue to 

evolve, traditional GPS data collection, available imagery, traditional aircraft flyovers, and 

surface models lack resolution and accuracy necessary for elite project planning, assessments, 

increased efficiency and resource allotment. UAV collected data allows a consultant to depict the 

project area with greater accuracy, resolution and efficiency to better aid clients with project 

design and analysis. As importantly, the unmanned aspect reduces the risk of placing employees 

in perilous environments.

Given the technical specifications of the eBee and the rural, sparsely populated environments of 

the workspace, BRS believes it is relevant to use the Academy of Model Aeronautics (AMA) 

rules to meet the required level of safety of future eBee operations. The AMA has a proven track 

record in supervising operations conducted by operators using remote controlled aircrafts and 

provides the most relevant expertise in terms of providing safety guidelines for operators using 

ultra-light remote controlled aircraft.

The eBee will be operated by an individual who fulfill the following requirements:

 Has successfully passed a manufacturer’s training program for the eBee; BRS 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.

 Is a registered member of the AMA.

 Has a valid driver’s license.

 Has a Private Pilot’s license.

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 aerial mapping missions
with an on-board GPS, and a related flight-management software (eMotion). eMotion allows the 

operator to safely and efficiently plan a flight in 3D, and then monitor the mission in real-time. 

Thanks to the embedded camera, protected by a foam envelope, the eBee takes a collection of 

high-definition still images used to generate dynamic maps and contour lines of the targeted 

terrain.

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

BRS intends to utilize the eBee for the purpose of conducting aerial observations and research 

over waste facilities to gather data used for the purpose of creating fill sequence plans, soil 

management plans, and other operational planning documents. 

Using the eBee’s sensor technology, the consultants at BRS will be able to collect time-specific 

imagery and elevation information. Once the entire terrain of interest is flown, images collected 

during the flight will be merged together in a software program to make a topographic model. 

Using specific mathematical equations within the Postflight Terra 3D software, project field 

conditions, terrain characteristics and potential hazard areas can be easily identified.

The eBee will be used to evaluate information, including but not limited to:

 Topographic characteristics
 Volumetric estimates 

 Slope and terrain impediments

 Natural and cultural resource identification

 As-built feature identification and analysis

 Hazard evaluation

 Project design evaluations

Usually, in order for a landfill or waste facility to prepare fill sequence, soil management or other 

operational plans, a flyover by a large aircraft is required, at great cost to the client. As a result, 

many facilities may reduce the number of times they conduct annual flyovers, which can 

negatively impact their efficient use of time, money and resources.

Frequently, the client’s field engineer will generate a project design, but will be limited by the 

lack of high-resolution information available. Project conditions and terrain information are 

exponentially important to project success and design. Especially with regard to information 

gathered during the specific time period the field operations are expected to occur within.

The most readily available information either lacks the required detail, or was captured during a 

time period that is not relevant to the expected field operation schedule. BRS strives to eliminate 

the guesswork out of project planning and design. By using real-time, aerial imagery to study 

time-specific field conditions and three dimensional terrain data, BRS can better provide clients 

with timely and highly-accurate fill sequence and other operational plans. 

The end goal at BRS is to use data produced by the eBee to provide clients and stakeholders with 

real-time, aerial imagery and terrain models to manage landfill airspace, soil, and other essential 

waste operational resources. 

 Annex C describes applications and reasoning in more detail. BRS requests the FAA treat 

the eBee training program and Annex C as proprietary under 14 C.F.R. 11.35(b) and not 

include this document in the public docket.

Overall, UAV technology offers a substantial economic benefit to the waste and engineering 

industries. The eBee would allow BRS the ability to provide significant cost and time savings for 

our clientele. The almost instantaneous propagation of data will significantly reduce the cost and 

waiting time for fill sequence plans and soil management plans.

This will also allow facilities to conduct regular flyovers and also immediately use the data to 

work more efficiently. This will also save time and money by minimizing the amount of design 

modifications required to complete a project. This technology is not only cost effective for our 

clients, but will also reduce BRS’S fuel and maintenance expenses by reducing the amount of 

time a technician needs to spend collecting field information with a handheld GPS.

Allowing commercial operations of UASs in the waste industry will enhance safety by reducing 

risk, will decrease environmental impact from large, conventional aircraft, and provide enhanced 
services for waste facilities – many of which are local, state, or federal facilities – at a reduced 

cost. 

At least four companies have received approval from the FAA to perform similar operations. 

Trimble Navigation Limited, VDOS Global, Clayco Inc. and Woolpert Inc. are currently 

approved in the United States to perform similar operations with UAV equipment. BRS is 

hoping to stay competitive in the engineering industries. Implementing UAV technology will 

improve BRS services and increase efficiency and safety within their industry.

3. APPLICABLE LEGAL STANDARD UNDER SECTION 333

a. Airworthiness assessment of the eBee

BRS 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-testcenter-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, BRS notes that senseFly 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 BRS for the eBee will be subject to the following operating conditions, 

based on the operating conditions set forth by the Academy of Model Aeronautics (see Annex B). 

The main restrictions are summarized below:

 Operations to be conducted over private, controlled-access, or public property where 

approved with permission from the land owner/authority required before commencing any 

flight;

 Operations over congested areas shall be avoided;

 Operations must not interfere with manned aircraft operations, must yield the right of way 

to manned aircraft, and operators must See & Avoid other aircraft and obstacles at all 

times;

 Operations limited to Visual Flight Rules Meteorological Conditions (VMC) and daylight 

hours;
 Aircraft operations must remain within Visual Line of Sight (VLOS) and will be visually 

monitored at all times;

 Visual Line of Sight operations guaranteed with a GPS geo-fence around operator of 0.5 

miles;

 Flight ceiling pre-programed at or below 400 feet;

 All operations conducted within five miles from an airport shall only be initiated after 

verbal coordination with the airport authority, or air traffic control when a control tower is 

present at the airport;

 All operations shall comply with required permissions and permits established by 

territorial, state, county or city jurisdictions; including local law enforcement, fire, or other 

appropriate governmental agencies.

 The eBee operations will be compliant with existing safety procedures inherent to the 

activities of the related company.

A large percentage of project locations serviced by BRS is in isolated, rural, nonresidential areas. 

Before an area is flown, BRS will request written permission from each property owner. 

Residents within the vicinity of each project area will also be notified and educated on the 

purpose of the flight. With the geo-fence incorporated within the flight management software, 

BRS will avoid flying over houses and yards as much as reasonably possible. The flight ceiling 

will be pre-programmed no higher than 400 feet to ensure the aircraft will not fly over the height 

specified by the AMA. By staying below this level, the eBee should not interfere with manned 

aircraft operations.

BRS takes pride in providing a safe working environment for its members and currently has 

excellent safety procedures in place.

c. Operator Requirements

The eBee operator will have a Private Pilot license.

The eBee is an ultra-light UAV platform made of flexible foam with no sharp or hard edges 

characterized by a high level of pre-programmed controls and various technical capabilities 

(programming of a geo-fence, automatic wind detection) that prevent the operator from doing a 

mission outside of the operating limits. All flights are pre-programmed with GPS guidance and do 

not require 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 will 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 inflight at cruise speed. In comparison, the kinetic energy of a football is about 110 J when thrown 

by hand.

Given these safety features recognized by the U.S. Army Corps of Engineers and the national 

aviation authority of several countries, BRS requests an exemption from the airworthiness 

certification requirements in Part 21 and the concomitant requirements in 14 C.F.R. 91.7(a)) and 

91.203 to operate an airworthy aircraft. Instead, operators of the eBee will:

 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 SenseFly’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).

BRS 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. 

3. CONCLUSION

BRS, 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 aircrafts 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 creating fill sequence plans, soil 

management plans, and other operational plans for waste facilities. 

The value that the eBee could bring to the geophysical and engineering industries is invaluable. 

It would produce several efficiency and production benefits to waste facility operations and 

allow Blue Ridge Services, Inc. to provide their clients with outstanding service in order to help 

them manage their facilities with a higher degree of information. The demand for improved, 

accurate data will continue to increase as the economy within BRS’s industry continues to 

progress. The safe integration of the eBee system will greatly benefit the company economically 

and professionally.

Blue Ridge Services, Inc. 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.

Yours sincerely,

Neal Bolton

President, Blue Ridge Services
ANNEX A: EXEMPTION REQUEST AND EQUIVALENT LEVEL OF SAFETY 

SHOWINGS UNDER APPLICABLE RULES SUBJECT TO EXEMPTION

BRS 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. BRS 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. § 45.23 & 14 C.F.R. § 45.29: Display of marks; size of marks

These regulations provide that each aircraft must display "N" and the aircraft's registration 

number in letters at least 3 inches high. Additionally, the aircraft must display the word 

"EXPERIMENTAL" in letters at least 2 inches high near the entrance to the cabin, cockpit, or 

pilot station. 

Given the size of the eBee (wingspan of 37.8 inches), this requirement is impossible to match.

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 private pilot license 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 C.F.R. § 91.9: Civil aircraft flight manual, marking, and placard requirements.

This regulation provides that no person may operate an aircraft unless a current, approved flight 

manual is in the aircraft. BRS assumes that the intent of this requirement is to ensure that flight 

manual information is available to the aircrew while operating the aircraft. BRS requests an 

exemption to this requirement since the aircraft is not only too small to carry documentation, the 

documentation would not be available to the crew.

The equivalent level of safety will be achieved by keeping a hard copy of the flight manual in the 

eBee transportation box.

14 C.F.R. § 91.109(a) & 91.319(a)(1): Flight Instruction

The regulation provides that "No person may operate a civil aircraft that is being used for flight

instruction unless that aircraft has fully functioning dual controls."

Flight instruction will be accomplished through an elaborated training program, using first the 

simulation mode of the flight management software eMotion. The equivalent level of safety 

during the training will be achieved by the manufacturer or authorized distributor providing the 
training and through the use of experienced and qualified operators familiar with the eBee.

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 CFR 91.121 – Altimeter settings

This section requires that each person operating an aircraft shall maintain the cruising altitude or 

flight level of that aircraft, as the case may be, by reference to an altimeter that is set, when 

operating below 18,000 feet MSL to:

 The current reported altimeter setting of a station along the route and within 100 nautical 

miles of the aircraft;

 If there is no station within the area prescribed in paragraph (a)(1)(i) of this section, the 

current reported altimeter setting of an appropriate available station;

 In the case of an aircraft not equipped with a radio, the elevation of the departure airport or 

an appropriate altimeter setting available before departure.

To provide an equivalent level of safety, the eBee autopilot calculates the reference altitude

(ground level) with the on-board GPS during the pre-flight tests. The GPS and barometer data are 

merged with respect to their respective precisions. The GPS provides reliable information to 

correct potential barometric bias, while rapid variations in altitude are detected through the 

barometer. Hence, barometric bias induced by environmental factors is rejected.

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, BRS 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 C.F.R. § 91.203 (a) & (b): Carrying Civil Aircraft Certification and Registration

This regulation provides as follows:

 No person may operate a civil aircraft unless it has an appropriate and current

airworthiness certificate.

 No person may operate a civil aircraft unless the airworthiness certificate required by

paragraph (a) of this section or a special flight authorization issued under §91.715 is

displayed at the cabin or cockpit entrance so that it is legible to passengers or crew.

The eBee weighs only 1.7 pounds (max take-off weight). As such, there is no ability or place to 

carry certification and registration documents or to display them on the UAS. In addition, there is 

no pilot or passengers on board the aircraft.

To obtain an equivalent level of safety and meet the intent of 91.203, BRS propose that 

documents deemed appropriate for this aircraft by the FAA will be co-located with the operator at 

the ground control station in the eBee box and available for inspection upon request

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.

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

according to the maintenance manual, provided by SenseFly. BRS 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: 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

ANNEX C: EBEE AND SENSEFLY DOCUMENTATION, PROPRIETARY 

DOCUMENTS

See email attachment referencing confidential documents regarding this petition filing and 

comment number.