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# MID-STATES MATERIALSu.c August 27, 2015

U.S. Department ofTransportation DocketManagement System 1200NewJersey Ave., SE Washington, DC 20590 Re: Exemption Request Under Section 333 ofthe FAA Reform Act and Part 11 ofthe Federal Aviation Regulations , DearMadam, Sir, Pursuant to Section 333 ofthe FAA Modernization and Reform Act of2012 (the "Reform Act") and 14 C.F.R. Part 11, Mid-States Materials, LLC ("Mid-States Materials, LLC"), an operator of the eBee Unmanned Aircraft System ("eBee") seeks an exemption from the Federal Aviation Regulations ("FARs") listedbelow: 

# • 14 C.F.R. 21 

# • 14 C.F.R. 45.23 

# • 14 C.F.R45.29 

# • 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 CFRSubpartE (91.401

- 91.417) The requested exemptionwould authorize commercial operations using the eBee for mapping and survey applications. These operations will be subject to strict operating requirements defined in the eBee user manual (Mid-States Materials, LLC requests the FAA treat the eBee training program as proprietary under 14 C.F.R. 11.35(b) and does not include this document inthe public docket) and conditions defined by the Safety Code ofthe Academy ofModel Aeronautics (see Annex B), in order to ensure at least an equivalent level of safety to currently authorized operations using manned aircrafts. The eBee will be operated by an individual who fulfill the following requirements:

• Has successfully passed a manufacturer's training program for the eBee; Mid-States Materials, LLC requests the FAA treat the eBee training program as proprietary under 14 C.F.R. 11.35(b) and does not include this document inthe public docket.1. CHARACTERISTICS OF THE AIRCRAFT The eBee is a small (37.8 inches wingspan) and ultra-light (maximum take-off weight of 1.7 pounds) platform made offlexible 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 ofthe surveyed area. The four main characteristics ofthe 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 ofa controlled emergency landing) also significantly reduces the risk ofhazardous situations. Finally, the wings ofthe eBee are detachable and made offlexible 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 ofthe plane so that it can easily flex away in case ofcontact 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 ofthe flight under the supervision ofthe 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 controllerprovided with the system.

2. APPLICATIONS "" The eBee will be used to map for natural resources, endangered species and plant life,topography, as-built construction conditions andprogress, quarry andmining operations (noncongested areas), sales demonstrations and crewtraining.

3.APPLICABLELEGAL STANDARD UNDER SECTION333

a. Airworthiness assessment ofthe eBee Mid-States Materials, LLC notes thatthe airworthiness ofthe eBee has already been demonstrated for different projects in the United States, involving state/federal agencies or universities (among others the NewMexico State University: https://newscenter.nmsu.edu/Articles/view/10208/nmsuuas-flight-test-center-conducts-ebee-airworthiness-assessment, and the USACE New Orleans, who coordinated withthe Department ofArmy and the FAA to obtain all authorizations required inorderto operatethe eBee UAS). Moreover, SenseFly obtained flight approvals for the eBee (delivered by national civil aviation authorities) inmany 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 ofthe exemptionto Mid-States Materials, LLC for the eBee will be subjectto the following operating conditions, based on the operating conditions set forth by the Academy of Model Aeronautics (see AnnexB). The mainrestrictions are summarizedbelow:

• Operations to be conducted over private, controlled-access, or public property where approved; • Permission from the land owner/authorityrequiredbefore commencing any flight; • Operations over congested areas shall be avoided; • Operations must not interfere withmanned aircraft operations, must yield the right ofway to manned aircraft, and operators must See & Avoid other aircraft and obstacles at all times • Operations limited to Visual Flight Ru1es Meteorological Conditions (VMC) and daylight hours • Aircraft operations must remain within Visual Line ofSight (VLOS) and will be visually monitored at alltimes; • VLOS guaranteed with a GPS geo-fence around operatorof0.5 miles • Flight ceilingpre-programed at400 feet;• All operations conducted within 5 miles from anairport shall onlybe initiated afterverbal 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 orcityjurisdictions; including local lawenforcement, fire, orother appropriate governmental agencies. • The eBee operations will be compliant with existing safety procedures inherent to the activities ofthe related company. 

# • c. OperatorRequirements

The eBee operatorwill have successfully completedthe writtentest ofthe Private Pilot license. 3. CONCLUSION Mid-States Materials, LLC is a locally owned and operated aggregate materials company operating outofmultipleNE Kansas rock quarries. The eBee is saferthanhaving Mid-States Materials, LLC employees out inthe field for specific projects, and also very safe for other aircrafts because ofthe mission specifications (below400 ft.) and eBee integrated safety features. We are preparedto modify or amend anypart ofthis requestto satisfy the need for an equivalent level ofsafety. We look forward to working with your office. Please contact us at any time ifyou require additional information or clarification.

Chad Gerhardt Mid-States Materials, LLC

### ANNEXA: EXEMPTIONREQUESTAND EQUIVALENTLEVEL OF SAFETY SHOWINGS UNDERAPPLICABLE RULES SUBJECTTOEXEMPTION Mid-States Materials, LLC requests an exemption from the following regulations as well as any additional regulations thatmaytechnically applyto the operation ofthe eBee: 14 C.F.R. Part21, SubpartH: Airworthiness Certificates 14 CFR

### § 91.203(a)(1) Section 91.203 requires all civil aircraft to have a certificate ofairworthiness. 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 ofthe 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 processunder Part 21 SubpartH in orderto achieve orexceed current safety levels. Such an exemption meets the requirements of an equivalent level of safety under Part 11 and Section 333 ofthe Reform Act. The Federal Aviation Act and Section 333 ofthe Reform Actboth 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 ofthe UAS involved. An 

### analysis ofthese 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 ofthis application Mid-States Materials, LLC requests the FAA treat the eBee risk assessment as proprietary under 14 C.F.R. 11.35(b) and notinclude this document inthe public docket.

14 C.F.R. 

### §45.23 & 14 C.F.R. 

### § 45.29: Display ofmarks; size ofmarks 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.Giventhe size oftheeBee (wingspan of37.8 inches), this requirementis impossible to match. 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 ofthe eBee without an airworthiness certificate, no standard will exist for airworthiness ofthe eBee. Giventhe size of the aircraft andthe previous airworthiness assessments giventothe 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 ofArmy and the FAA to obtain all authorizations required in order to operate the eBee UAS for levee system monitoring, documentation ofconstruction progress, and extensive oblique photography ofUSACE structures & activities An equivalent level ofsafety will be achieved by insuring compliance withthe SenseFly manuals priorto 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 inthe aircraft. Mid-States Materials, LLC assumes thatthe intent ofthis requirement is to ensure that flight manual information is available to the aircrew while operating the aircraft. Mid-States Materials, LLC requests an exemptionto this requirement since the aircraft is not only too small to carry documentation, the documentation would notbe available to the crew. The equivalent level ofsafety will be achieved by keeping a hard copy ofthe flight manual inthe eBeetransportationbox. 14 C.F.R. 

### § 91.109(a) & 91.319(a)(1): FlightInstruction The regulation provides that "No person may operate a civil aircraft that is being used for flight instructionunless 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 andthroughtheuse ofexperienced and qualified operators familiar withthe 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 maximumof400 feet AGL, the eBeecannot complywiththis requirement. The equivalent level of safety will be achieved because the eBee will only fly over private property with the permission ofthe landowner. The operator will define before every flight a working arearadius and a flight area ceiling, preventingthe eBeeto go beyondthe flight area.

### The landowner and the persons who may be onthe ground inthe flight area will be briefed ofthe expected route offlight and the associated risks to persons and property onthe ground. Dueto 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 shouldbe 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 withoutundue hazardto persons orproperty onthe surface. 14 CFR91.121 -Altimetersettings 

### This section requires that each person operating an aircraft shall maintain the cruising altitude or flight level ofthat aircraft, as the case may be, by reference to an altimeter that is set, when operating below 18,000 feet MSLto:

• The current reported altimeter setting ofa station along the route and within 1 

### 00 nautical miles ofthe aircraft; • Ifthere is no station within the area prescribed in paragraph (a)(l)(i) ofthis section, the currentreported altimeter setting ofan appropriate available station; • Inthe case ofan aircraftnotequipped with a radio, the elevation ofthe 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 inducedby environmental factors is rejected. 14 C.F.R. § 91.151(a): Fuel Requirements forFlight 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 ofintended landing and to fly after that for atleast 30 minutes. Given the area ofoperation for the eBee, Mid-States Materials, LLC believes that an equivalent level of safety is already achieved with the specific procedure preventing the eBee to accept a take-offorderis the battery level is below a givenvalue. Moreover, SenseFlyhas integrated "low" and "critical" battery level warnings and implemented a "return to Home" (and "Go Land") actions inthese situations. 14 C.F.R. 

### § 91.203 (a) & (b): Carrying CivilAircraft 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) ofthis section or a special flight authorization issued under §91.715 is displayed at the cabinor cockpit entrance so that it is legible to passengers orcrew. The eBee weighs only 

### 1.7 pounds (max take-offweight). As such, there is no ability or place tocarry certification and registration documents orto display them onthe UAS. In addition, there is no pilotorpassengers onboardthe aircraft. To obtain an equivalent level ofsafety and meetthe intent of91.203, Mid-States Materials, LLC 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 CFRSubpartE (91.401

- 91.417) -Maintenance,PreventiveMaintenance, and Alterations The regulationprovidesthatthe operator is primarily responsible for maintainingthe aircraft inan airworthy condition, including compliance with Parts 39 and 43. Paragraphs 91.407 and 91.409 require thatthe aircraftbe "approved for returnto service by a person authorized under43.7" after maintenance and inspection. Section 91.409(a)(2) requires an annual inspection for the issuance ofan 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, orlicensedpilots andrecords ofapproval ofthe aircraft for returnto service. Mid-States Materials, LLC proposes that the maintenance ofthe eBee will be accomplished by the owner/operator according to the maintenance manual, provided by SenseFly. Mid-States Materials, LLC requests the FAA treat the eBee training program as proprietary under 14 C.F.R. 11.35(b) andnot includethis document inthe 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 carryno external payload, and itwill operate only inrestricted 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 ofpre-flight tests to make sure that every sensor and every critical part is running properly. Ifa problem is detected, the eBee will notbe able tobe switched-on and a message erroris displayed onthe main screenof The flight management software. The operator can then refer to the maintenance manual to troubleshoot this issue. Several parts ofthe eBee are easily interchangeable (propellers, wings), which allows the operator to make sure the wings and propulsion system are always airworthy whena missionis initiated. 

### ANNEXB: ACADEMY OFMODEL AERONAUTICS SAFETYREQUIREMENTS http://www.modelaircraft.org/files/105.pdf http:/ /www.modelaircraft.org/files/540-D.pdf http:/ /www.modelaircraft.org/files/560.pdf