## AllianceO Consulting, Inc
. · Engineers · Constructors · Scientzsts February 16, 2016

U.S. DEPARTMENT OF TRANSPORTATION Docket Management System 1200 NewJersey Ave. , SE Washington, DC 20590 Re: Exemption Request Under Section 333 ofthe FAA Reform Act and Part 11 ofthe Federal Aviation Regulations To Whom it May Concern: Pursuant to Section 333 ofthe FAA Modernization and Reform Act of2012 ( the "Reform Act") and 14 C.P
.R. Part 11, ALLIANCE CONSULTING, INC
. ("ACI"), an operator of the eBee Unmanned Aircraft System ("eBee") seeks an exemption from the Federal Aviation Regulations ("FARs") listed below: 

## • 14 C.P.R. 21 

## • 14 C.P.R. 45.23 

## • 14 C.F.R45.29 

## • 14 C.P.R. 61.133(a) 

## • 14 C.P.R. 91.7(b) 

## • 14 C.P.R. 91.9(b)(2) 

# • 14 C.P.R. 91.109(a) 

## • 14 C.P.R. 91.119 

## • 14 C.P.R. 91.151(a) 

## • 14 C.P
.R. 91.203(a) & (b) 

## • 14 CFR SubpartE (91.401

- 91.417) The requested 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 eBee user manual (ACI requests the FAA treat the eBee training program as proprietary under 14 C.P.R. 11.35(b) and does not include this document in the public docket) and conditions defmed by the Safety Code of the 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; ACI requests the FAA treat the eBee training program as proprietary under 14 C.P.R. 11.35(b) and does not include this document in the public docket.

124 Philpott Lane • Raleigh County Airpon I ndustrial Park • Bcmer, WV 25813-9502 • TELE: (304) 255

-0491 • FAX: (304) 255-4232US DEPARTMENT OF TRANSPORTATION February 16, 2016 Page2

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 al most 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 controller provided 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 and progress, quarry and mining operations (noncongested areas), and crewtraining.US DEPARTMENT OF TRANSPORTATION February 16, 2016 Page 3

3. APPLICABLE LEGAL STANDARD UNDER SECTION 333

a. Airworthiness assessment ofthe eBee ACI notes that the airworthiness ofthe 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/1 0208/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, 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 ofthe exemption to ACI for the eBee will be subject to the following operating conditions, based on the operating conditions set forth by the Academy ofModel Aeronautics (see Annex B). The main restrictions are summarized below:
• Operations to be conducted over private, controlled-access, or public property where approved; • 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 ofway 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 ofSight (VLOS) and will be visually monitored at all times; • VLOS guaranteed with a GPS geo-fence around operator of0.5 miles • Flight ceilingpre-programed at400 feet; • All operations conducted within 5 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 

# LlUS DEPARTMENT OF TRANSPORTATION February 16, 2016 Page4

territorial, state, county or cityjurisdictions; including local law enforcement, fire, or other appropriate governmental agencies. • The eBee operations will be compliant with existing safety procedures inherent to the activities ofthe related company.
c. Operator Requirements

The eBee operator will have successfully completed the written test ofthe Private Pilot license. 3. CONCLUSION ACI is an environmental and civil engineering firm
. We are engaged in the generation and use ofhigh precision mapping
. Our services and products save our clients time giving the ability for them to make better decisions. The eBee is safer than having ACI's employees out in the field for specific projects, and also very safe for other aircrafts because ofthe mission specifications (below 400 ft.) and eBee integrated safety features
. We are prepared to modify or amend any part of this request to satisfy the need for an equivalent level of safety. We look forward to working with your office. Please contact us at any time ifyou require additional information or clarification Sincerely, ALLIANCECONSULTING, INC.



# 1/aJJQ.~ Harold R
. TrentANNEXA: EXEMPTION REQUESTAND EQUIVALENT LEVEL OF SAFETY SHOWINGS UNDERAPPLICABLE RULES SUBJECTTO EXEMPTION ACI requests an exemption from the following regulations as well as any additional regulations that may technically apply to the operation ofthe eBee: 14 C.F.R. Part21, SubpartH: Ainvorthiness 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 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 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. ACI 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 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. Given the size oftheeBee (wingspan of37

.8 inches), this requirement is impossible to match. 14 C.F.R. 

### § 91.7(a): Civil aircraft ainvorthiness 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 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 systemmonitoring, documentation of construction progress, and extensive oblique photography ofUSACE structures & activities An equivalent level ofsafety 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. ACI assumes that the intent ofthis requirement is to ensure that flight manual information is available to the aircrew while operating the aircraft. ACI 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 ofsafety will be achieved by keeping a hard copy ofthe flight manual in the eBee transportation box and will be available to the crew during operation ofthe aircraft. 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 saf ety during the training will be achieved by the manufacturer or authorized distributor providing the training and through the use ofexperienced and qualified operators familiar with the eBee. 14 CFR § 91.119: Minimum SafeAltitudes 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 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 ofthe expected route offlight 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 a 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 orproperty onthe 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, whenoperating below 18,000 feet MSL to:
• 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 current reported altimeter setting ofan appropriate available station; • In the case ofan aircraft not equipped 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 induced by environmental factors is rejected. 

### 14 C.F.R. 

### § 91.151(a): Fuel Requirements for Flight in VFRConditions 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 30minutes. Given the area ofoperation for the eBee, 

### ACI believes that an equivalent level ofsafety is already achieved with the specific procedure preventing the eBee to accept a take-offorder 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 "GoLand") actions in these situations. 

### 14 C.F.R. 

### § 91.203 (a) & 

### (b): CarryingCivil 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) ofthis section or a special flight authorization issued under §91.715 is displayed at the cabin orcockpit entrance so that it is legible to passengers or crew. The eBee weighs only 1.7 pounds (max take-offweight). As such, there is no ability or place to carry certification and registration documents orto display them on the UAS. In addition, there is no pilot orpassengers on board the aircraft. To obtain an equivalent level of safety and meet the intent of 91.203 , 

### ACI propose that documents deemed appropriate for this aircraft by the FAA will be co-located with the operator at the ground control station inthe eBeebox and available for inspection upon request 

### 14 CFRSubpartE (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 " aftermaintenance 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, orlicensed pilots and records ofapproval ofthe aircraft for return to service. ACI proposes that the maintenance of the eBee will be accomplished by the owner /operator according to the maintenance manual, provided by SenseFly. ACI requests the FAA treat the eBee training program as proprietary under 14 C.P.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 ofpre-flight tests to make sure that every sensor and every critical part is running properly. Ifa 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 ofthe 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/l05.pdf http:// www.modelaircraft.org/files/540-D.pdf http://www.modelaircraft.org/files/560.pdf



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