May 18,2015

U.S. Department ofTransportation Docket Management System 1200NewJerseyAve., SE Washington, DC 20590 Re: Exemption Request Under Section 333 oft he 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, GREATBEND COOP Inc. ("GREATBEND COOP"), an operator ofthe eBee Unmanned Aircraft System ("eBee") seeks an exemption from the Federal Aviation Regulations ("FARs") listedbelow:

• 14 C.F

.R. 21 • 14 C.F.R. 61.133(a) (b) • 14 C.F.R. 91.7(b)

. • 14C.F.R.91.119 • 14 C.F.R. 91.151(a) • 14 CFR Subpart E (91.401- 91.417) Therequested exemption would authorize commercial operations using the eBee for mapping and survey applications. These operations will be subject to strict operating requirements defined in the eBeeusermanual (GREATBEND COOP requests the FAA treat the eBee trainingprogram as proprietaryunder 14 C.F.R. 11.35(b) and does not include this documentin thepublic docket) and conditions defined in the paragraph 3. 1. CHARACTERISTICS OFTHE 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 amission 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. Verylightweight 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 orlanding net (belly land). Its low impact energy (38 J in case ofa controlled emergencylanding) 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 rubberband to the body ofthe plane so that it can easily flex away in case ofcontactwith 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 underthe 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 theremote controllerprovidedwith the system. 2. APPLICATIONS The GREATBEND COOPwill use the ebee for checking plantheath and fertility needs. We will use the information gathered from the ebee to make variable rate maps for applying nitrogen. Theplantheath side could help us apply some micro nutrients to help yield gains.

3. APPLICABLE LEGAL STANDARD UNDER SECTION 333

a. Airworthiness assessment ofthe eBee GREATBEND COOP notes that the airworthiness ofthe eBee has alreadybeen 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/nmsuuas-flight-test-center-conducts-ebee-airworthiness-assessment, and the USACE New Orleans, who coordinated with the Department ofAnny and the FAA to obtain all authorizations required in order to operate the eBee UAS). Moreover the eBee already received 15 Exemptions from the FAA. SenseFly also obtained flight approvals for the eBee (delivered by national civil aviation authorities) in manycountries, 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. Operatingrequirements

### Grant ofthe exemption to GREATBEND COOP for the eBee will be subject to the following operating conditions:

• 1. Operations authorizedbythis grant ofexemption are limitedto the SenseFlyeBee when weighing less than 55 pounds includingpayload. Proposed operations ofany other aircraft will require anewpetition or apetitionto amend this exemption.

• 2. Operations for the purpose ofclosed-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 bythe aircraft manufacturer.

• 4. The UA must be operated at an altitude ofno more than 400 feet above ground level (AGL). Altitudemustbereported in feet AGL.

• 5. The UA must be operated within visual line ofsight (VLOS) ofthe 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 mustutilize avisual observer (VO). The UA mustbe operated within the visual line ofsight (VLOS) ofthe PIC and VO at all times. The VO maybeused 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 ofthe flight. The PIC must ensure that the VO canperform the duties required oftheVO.

• 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 Administratorupon request. Ifa discrepancy exists between the conditions and limitations in this exemption and the procedures outlined in the operating documents, the conditions and limitations herein take precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in its operating documents. The operator may update or revise its operating documents. It 

### is the operator's responsibility to track such revisions and present updated and revised documents to the Administrator or any law enforcement official upon request. The operator must also present updated and revised documents ifit petitions for extension or amendment to this grant of exemption. Ifthe operator determines that any update or revision would affect the basis upon which the FAA granted this exemption, then the operatormustpetition for an amendment to its grant ofexemption. The FAA's UAS Integration Office (AFS-80) maybe contacted ifquestions ariseregarding updates orrevisions 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 afunctional 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 mannerso as to notpose anunduehazardto persons andproperty.

• 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. Ifthe inspection reveals a condition that affects the safe operation ofthe UAS, the aircraft is prohibited from operating until the necessarymaintenancehas beenperformed and the UAS is found to bein 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. Underthis grant ofexemption, a PICmusthold 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 issuedby a state, the District of Colombia, Puerto Rico, a territory, a possession, orthe Federal government. ThePIC must also meet the flight review requirements specified in 14 CFR § 61.56 in an aircraft in whichthePIC is rated onhis orherpilot certificate.

• 14. The operator may not permit any PIC to operate unless the PIC demonstrates the ability to safely operate the UAS in a manner consistent with how the UAS will be operated under this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PIC qualification flight hours and currency must be logged in a manner consistent with 14 CFR § 61.51(b). Flights for the purposes of training the operator's PICs and VOs (training, proficiency, and experience-building) and determining the PIC's abilityto safely operate the UAS in a manner consistent with how the UAS will be operated under this exemption are permitted under the tenns ofthis 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 accordancewith 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. TheUAmaynot operate within 5 nautical miles ofan airportreferencepoint (ARP) as denoted in the current FAA Airport/Facility Directory (AFD) or for airports not denoted with an ARP, the center ofthe airport symbol as denoted on the current FAA- published aeronautical chart, unless a letter ofagreement with that airport's management is obtained or otherwise permitted by a COA issued to the exemptionholder. The letter ofagreement

### with the airport management must be made available to the Administrator or any law enforcementofficial uponrequest.

• 17. The UA may not be operated less than 500 feet below or less than 2,000 feet horizontallyfrom a cloud orwhen visibilityis less than 3 statute miles from the PIC.

• 18. Ifthe UAS loses communications orloses its GPS signal, the UA mustreturn to apredetermined location within theprivate or controlled-access property.

• 19. ThePIC must abort the flight in the event ofunpredicted 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 recommendedbythe manufacturerifgreater.

• 21. Air Traffic Organization (ATO) Certificate ofWaiver 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 cannotbe conductedunder the terms ofthe attached COA.

• 22. All aircraft operated in accordance with this exemption must be identified by serial number, registered in accordance with 14 CPR part 47, and have identification (NNumber) markings in accordance with 14 CPR part 45, Subpart C. Markings must be as large as practicable

. 

## • • 23. Documentsused bythe operatorto ensurethe safe operation and flight oftheUAS and any documents required under 14 CPR§§ 91.9 and 91.203 mustbe 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 uponrequest.
• 24. The UA must remain clear and give way to all manned aviation operations and activities at all times.

• 25. TheUAS maynotbe operatedbythe PIC from anymoving device orvehicle.

• 26. All Flight operations must be conducted at least 500 feet from all nonparticipating persons, vessels, vehicles, and structuresunless: • 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 ofthe UA, flight operations must cease immediately in a manner ensuring the safety ofnonparticipating persons; and • b. The owner/controller ofany vessels, vehicles or structures has granted permission for operating closer to those objects and the PIC has made a safety assessment ofthe risk of operating closerto those objects and determined that it does notpresent an unduehazard. The PIC, VO, operator trainees or essential persons are not considered nonparticipating personsunderthis exemption.• 27. All operations shall be conducted over private or controlled-access property with permission fi:om the property owner /controller or authorized representative. Permission fi·om property owner /controller or authorized representative will be obtained for each flight to beconducted.

• 28. Any incident, accident, or flight operation that transgresses the lateral or vettical boundaries ofthe operational area as defined by the applicable COA must be reported to the FAA's UAS Integration Office (AFS-80) within 24 hours. Accidents must be reported to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov. 3. CONCLUSION The GREATBEND COOP is hoping with the infotmation gained from use ofthe ebee we can change are fertility program. We will be able to make vmiableratemaps which can help increase are yield a : nd maybe CLlt back on are nitrogen use.lm sure we will find other information as we go to help are growers be more profitable put the product were needed to help raise crop yields to help feed the wodd.s growingpopulation.

Yours sincerely, JUNIORWELSCH



# Signa**7~ [/c_f~** 

GREAT BEND COOP ASSOCIATION 323 So 281 Hwy, Great Bend, KS 67530 Office:620-793-5031 Toll Free: 888-892-5031 Fax: 620-792-8003 Cell: 620-282-2640

Email: jrwelsch@coop.kscoxmail.comANNEXA: EXEMPTIONREQUEST AND EQUIVALENTLEVEL OFSAFETY SHOWINGS UNDERAPPLICABLE RULES SUBJECT TO EXEMPTION GREATBEND COOP requests an exemption from the following regulations as well as any additional regulations thatmaytechnically applyto the operation ofthe 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 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 processunderPart 21 Subpart H in orderto achieve or exceed current safetylevels. Such an exemption meets the requirements of an equivalent level of safety under Part 11 and Section 333 ofthe Refonn 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. GREATBEND COOP requests the FAA treat the eBee risk assessment as proprietary under 14 C.F.R. 11.35(b) and not includethis documentinthepublic docket. 14 C.F.R. §61.3: Requirements for certificates, ratings and authorizations 14 C.F.R. § 61.113(a) & (b); 61.133(a): Private PilotPrivileges and Limitations; Pilotin Command; CommercialPilotPrivileges and Limitations The regulation provides that no person may serve as arequired pilot flight crewmember ofa civil aircraft ofthe United States, unless thatperson: (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, apilotlicense issuedbythat countrymaybeused. The regulationprovides also that no person thatholds aprivate pilot certificatemay act as pilot in command ofan aircraft for compensation orhire. Subparagraph (b) allows aprivatepilotto act as pilotin command ofan aircraft in connectionwith anybusiness or employment if: (1) The flight is onlyincidental to that business oremployment;(2) The aircraft does not carrypassengers orpropertyfor compensation orhire. 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), SenseFlyproposes that operators ofthe eBee should notberequired to hold a commercial pilot certification. Instead, operators shouldberequired to: Have a sport orrecreational pilot license (at least) and have successfully passed a manufacturer's trainingprogram 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 ofthe eBee without an airworthiness certificate, no standard will exist for airworthiness ofthe eBee. Given the size of the aircraft and theprevious airworthiness assessments given to the eBee, among others:

• New Mexico State University: https:/ /newscenter.nmsu.edu/ Articles/view/10208/nmsuuas-t1igbt-test

-center-conducts-ebee-aiiWorthiness-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 ofsafetywill be achieved by insuring compliance with the SenseFlymanuals priorto each flight. 14 CFR § 91.119: Minimum Safe Altitudes The regulation provides that over sparsely populated areas the aircraft cannot be operated closer than 500 feet to any person, vessel, vehicle, or structure. Since the aircraft will be operating at a maximum of400 feet AGL, the eBee cannot 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 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 ofthe expected route offlight and the associated risks to persons and property on the 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 should be considered in grantingthe 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 emergencylandingwithoutunduehazardto persons orpropertyonthe 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 ofintended landing and to fly after that for at least 30 minutes.

### Given the area ofoperation for the eBee, GREATBEND COOP believes that an equivalent level ofsafety 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 CFRSubpart E (91.401 - 91.417)- Maintenance, PreventiveMaintenance, and Alterations 

### Theregulationprovides thatthe operator is primarilyresponsible for maintainingthe aircraft in an airworthy condition, including compliance with Parts 39 and 43. Paragraphs 91.407 and 91.409 require thatthe aircraft be "approved for return to serviceby aperson 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 and records ofapproval ofthe aircraft for return to service. GREATBEND COOP proposes that the maintenance ofthe eBee will be accomplished by the owner/operator according to the maintenance manual, provided by SenseFly. GREATBEND COOP requests the FAA treat the eBee training program as proprietary under 14 C.F.R. 11.35(b) and not includethis documentin 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 carryno 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 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 to be switched-on and amessage erroris displayed onthe main screen of 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 when amission is initiated.