May 5, 2015

Exemption No. 11486 Regulatory Docket No. FAA–2015–0308

Mr. RJ Mowrey

Chief Executive Officer Mowrey Seismic, Inc. 4468 Airport Road Riverton, WY 82501

Dear Mr. Mowrey:

This letter is to inform you that we have gran ted your request for exemption. It transmits our decision, explains its basis, and gives you th e conditions and limitations of the exemption, including the date it ends.

By letter dated February 6, 2015, you petitioned the Federal Aviation Administration (FAA) on behalf of Mowrey Seismic, Inc. (hereinafter petitioner or operator) for an exemption. The petitioner requested to operat e an unmanned aircraft system (UAS) to conduct precision engineering and geophys ical applications.

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 petiti oner is a Sensefly eBee.2

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 consideration of the size, weight, speed, a nd limited operating area associated with the aircraft and its operation, the S ecretary of Transportation has de termined that this aircraft meets the conditions of Section 333. Therefore, the FAA finds that the requested relief from 14 CFR part 21, Certification procedures for products and parts, Subpart H—Airworthiness Certificates , 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 collection. The FAA has issued grants of exemption in circumstances similar in all materi al respects to those pres ented in your petition. In Grants of Exemption No s. 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 specifica tions described by the petition er and carrying no passengers or crew, rather than a manned aircraft of signi ficantly greater proporti ons, carrying crew in addition to flammable fuel, gi ves the FAA good cause to find th at the UAS operation enabled by this exemption is in the public interest.

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

 They are similar in all material respects to relief previously re quested 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 situ ation you present; and

 A grant of exemption is in the public interest.

Our Decision

In consideration of the foregoing, I find that a gr ant 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, Mowrey Seismic, 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) an d (2), and 91.417(a) and (b), to the extent necessary to allow the petitioner to ope rate a UAS to perform aerial data collection. This exemption is subject to the conditions and limitations listed below.

Conditions and Limitations

In this grant of exemption, Mowrey Seismic, In c. is hereafter referred to as the operator.3

Failure to comply with any of the conditions an d 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 restricti on. 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 th e 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 PI C 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 pe rmitted during flight operations. The PIC must be designated before the flight and ca nnot transfer his or her designation for the duration of the flight. The PIC must en sure 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 discre pancy exists between the conditions and limitations in this exemption and the pro cedures outlined in the operating documents,

the conditions and limitations herein ta ke precedence and must be followed. Otherwise, the operator must follow the pr ocedures as outlined in its operating documents. The operator may update or revi se its operating documents. It is the operator’s responsibility to track such revisions and pr esent updated and revised4

documents to the Administrator or any la w enforcement official upon request. The operator must also present updated and revise d 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 wh ich the FAA granted this exemption, then the operator must petition for an amendmen t 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 aff ect the UAS operation or flight characteristics, e .g., replacement of a flight cr itical component, must undergo a functional test flight prio r to conducting further opera tions 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 functi onal 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. Th e 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 manu facturer’s maintenance, overhaul, replacement, inspection, and life limit requirements for the aircraft and aircraft components.

12. Each UAS operated under this exempti on must comply with all manufacturer safety bulletins.

13. Under this grant of exemption, a PIC mu st hold either an airline transport, commercial, private, recreational, or sport pi lot 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 f light review requirements specified in 14 CFR § 61.56 in an aircraft in which the PI C is rated on his or her pilot certificate.

14. The operator may not permit any PIC to ope rate unless the PIC demonstrates the ability to safely operate the UAS in a ma nner consistent with how the UAS will be operated under this exemption, including evasive and emergency maneuvers and maintaining appropriate distan ces from persons, vessels, vehi cles and structures. PIC qualification flight hours and currency must be logged in a manner consistent with5

14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs (training, proficiency, and e xperience-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 dur ing dedicated training sessions. During training, proficiency, and expe rience-building flights, al l persons not essential for flight operations are considered nonpartic ipants, and the PIC must operate the UA with appropriate distance from nonparti cipants 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 me teorological conditions (VMC). Flights under special visual flight rule s (SVFR) are not authorized.

16. The UA may not operate within 5 nautical mile s of an airport reference point (ARP) as denoted in the current FAA Airport/Facil ity 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 ai rport 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 pr ivate or controlled-access property.

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

20. The PIC is prohibited from beginning a f light 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 fo r at least five minutes or with the reserve power recommended by the manufacturer if greater.

21. Air Traffic Organization (ATO) Certificate of Waiver or Author ization (COA). All operations shall be conducted in accorda nce 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 unde r the terms of the attached COA.

22. All aircraft operated in accord ance with this exemption must be identified by serial number, registered in accordance with 14 CFR part 47, and have identification (N

− Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must be as large as practicable.6

23. Documents used by the operator to ensure th e 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 wa y 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 pr otect nonparticipating persons from the UA and/or debris in the event of an accident. The operator must ensure that nonparticipating persons remain under su ch 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 struct ures 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 es sential persons are not considered nonparticipating persons under this exemption.

27. All operations shall be conducted over priv ate or controlled-access property with permission from the property owner/contro ller 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 Sa fety Board (NTSB) per instructions

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

.

If this exemption permits operations for th e purpose of closed-set motion picture and television filming and production, the following additional conditions and limitations apply.

29. The operator must have a motion picture and television operations manual (MPTOM)

as documented in this grant of exemption.7

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 ove r the area of proposed filming. The 3-day notification may be waived w ith 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 res ponsible for the on-s cene operation of the UAS;

d. Make, model, and serial or N

− Number of UAS to be used;

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

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

and/or local officials to conduct the filming production event; the list of those who gave permission must be made av ailable to the inspector upon request;

g. Signature of exemption holde r or representative; and

h. A description of the flight activity, includi ng maps or diagrams of any area, city, town, county, and/or state over which film ing will be conducted and the altitudes essential to accomplish the operation.

31. Flight operations may be conducted closer th an 500 feet from pa rticipating 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 al l applicable parts of 14 CFR including, but not limited to, parts 45, 47, 61, and 91.

This exemption terminates on May 31, 2017, unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan Director, Flight St andards ServiceMowrey Seismic, Inc

4468 Airport Road Riverton, WY 82501

February 6 th

, 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 an d 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, Mowrey Seismis Inc. (“ MSI” ), geophysical services company, 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 precision engineering and geophysical applicatio ns by MSI in the United States . These operations will be subject to strict operating requirements defined in the eBee user manual ( MSI requests the FAA treat the eBee training program as proprietary under 14 C.F.R. 11.35(b) and does not include this
docume nt 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.

Mowrey Seismic Inc. (MSI) is a geophysical services company based in Riverton, Wyomingserving the Rocky Mountain States . Their team of employees is specialized to provide high

resoluti on, accurate spatial data and consulting servic es to clients within the o il & g as industry in addition to engineering clients. MSI is committed to providing innovative products and dependable service to help its clients excel in their highly competitive industries.

Unmanned A erial 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, and surfac e models lack resolution and accuracy necessary for elite project planning, assessments and hazard identification. UAV

collected data allows a consultant to depict the project area with greater accuracy, resolution and efficiency to better aid client s with pr oject design and analysis. As importantly, the unman ned

asp ect reduces the risk of placing employees in perilous environments.

Given the technical specifications of the eBee and the rural, sparsely populate d environments of

the workspace, MSI 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 operat ors 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 require ments:

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

po unds) platform made of flexible

- foam that performs p re

- programmed aerial mapping missions
with an on

- board GPS

, and a related flight

- management software (eMotion)

. eMotion allows the operator to saf

ely and efficiently plan a flight in 3D , and then monitor the mission in real

- time.
Thanks to the embedde d 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 eBe e 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 ris k 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 technolog y 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 a utopilot 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 eme rgent circumstances, thanks to the remote controller provided with the system.

2. APPLICATIONS

MSI intends to plan and implement an aerial data collection program using precision GIS techniques

, and senseFly’s eBee in order to assist its clients in pr oject decision

- making and to increase data accuracy.

Using the eBee’s sensor technology, the consultants at MSI 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 complete photographic and terrain project map. 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 fea ture identification and analysis

 Hazard evaluation

 Project design evaluations

Frequently, the client ’ s geophysicist or 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 toinformation 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. MSI strives to eliminate the guesswork out of project planning and design. By using real

- time, aerial imagery to study

time

- speci fic field conditions and three dimensional terrain data, MSI can better provide clients, and the general public impacted by these projects, with a clear picture of the potential complications and hazards regarding project completion. This would aid in meet ing project

deadlines

, and allow clients to create informed designs while also ensuring field crews are operating in a safe manner.

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

real

- time, aerial imagery a nd terrain models to evaluate project design, gather volumetric measurements, assess cultural and biological resources for mitigation as well as providing health and safety information to lower risk exposure to field operation personnel.

 Annex C describes applications and reasoning in more detail. MSI 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 geophysical and engineering industries. The eBee would all ow MSI the ability to provide s ignificant cost and time savings for our clientele . The ter rain data would allow clients to tailor project design s to

field conditions

, and mitigate potential areas of risk to productivity or personnel. This will als o 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 MSI ’ s fuel

and maintenance expenses by reducing the amount of time a technician needs to spend collecting

field information with a handheld GPS.

UAV solutions can expedite additional comp onents of oil & gas development with less environmental impact. The eBee can be flown during the exploratory phase of reso urce development to identify important terrain features much more efficiently than men and vehicles on the ground. Once the exploratory phase is complete, the terrain and imagery data can be utilized by clients’ engineers to design the infrastructure necessary for the production phase of development.

At least four companies h ave 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. MSI is hoping

to stay com petitive in the geophysical and engineering industries . Implement ing UAV

tec hnology will improve MSI services an d increase efficiency and safety within their industry.3. APPLICABLE LEGAL STANDARD UNDER SECTION 333

a. Airworthiness assessment of the eBee

MSI notes that the airworth iness 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

- test

center

- conducts

- ebee

- airworthiness

- assessment , and the USACE New Orleans, who coordinated with the Department of Army and t he FAA to obtain all authorizations required i n order to operate the eBee UAS).

Moreover, MSI notes that s enseFly obtained flight approvals for the eBee (delivered by national civil aviation authorities) in many countries, among others:

 Switzerland (flig ht 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 approva l 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 MSI for the eBee will be subject to the fol lowing 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

ap proved with p ermission 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 a ircraft, 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

mon itored 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;

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

ver bal 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 MSI is i n isolated, rural, nonresidential areas.

Before an area is flown, MSI 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, MSI 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.

MSI takes pride in providing a safe workin g environment for its members and currently has excellent safety procedures in place, as well as an outstanding safety director within the company.

c. Operator Requirements

The eBee operator wi ll have a Private Pilot license.

The eBee is an ultra

- light UAV platform made of flexibl e foam with no sh arp 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 ope rating 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 sys tem. 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 in

flight at cruise speed . In co mparison, 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, MSI requests an exemption from the airworth iness 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).

MSI also seeks an exemption from certain requirements in Parts 45 and 91 that are impractical as

wel l 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

MSI, in association with s enseFly and the Academy of Mod el 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 exempti on allowing safe precision geophysical and engineering operations of the eBee in the National Airspace System.

The value that the eBee could bring to the geophysical and engineering industri es is invaluable. It would produce several efficiency and producti on benefits to geophysical operations and allow Mowrey Seismic Inc. to provide the ir clients with outstanding service in order to help them manage their projects with a higher degree of information. The demand for improved , accurate
data and hazard identification will continue to increase as the economy within MSI ’ s industry continues to progress

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

Mowrey Seismic Inc. offers in this Exemption a pragmatic approach to allow the efficient operation of ultra

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

Yours sincerely,

RJ Mowre y Mowrey Seismic Inc. Chief Executive OfficerANNEX A: EXEMPTION REQUEST AND EQUIVALENT LEVEL OF SAFETY

SHOWINGS UNDER APPLICABLE RULES SUBJECT TO EXEMPTION

MSI requests an exemption from the following regulations as we ll 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 i s 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 th e 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, upo n 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 t he 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 submi tted to the FAA as part of this application. MSI 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 entr ance 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 pers on:

(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, wh en 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 hir e. 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 prope rty 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 airworthi ness 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/nmsu

uas

- flight

- test

- center

- conducts

- ebee

- airworthiness

- assessment

 USACE New Orleans, who coordinated with the Department of Army and the FAA to obtain all authorizations requir ed 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 Sens eFly 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

m anual is in the aircraft. MSI assum es that the intent of this requirement is to ensure that flight
manual information is available to the aircrew while operating the aircraft. MSI 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 provid es 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 thesimulatio n 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 w ith 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 operati ng 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, t he 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 potent ial 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, MSI 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 levelwarnings and imp lemented 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 ap propriate 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 cockp it 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, MSI propose that documents deemed appropriate for this aircraft by the FAA will be co

- located with the operator at the ground
control statio n 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
ai rworthy 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 a nnual 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.

MSI proposes that the maintenance of the eBee will be accomplished by the owner/operator according to the maintenance manual, provided by SenseFly. MSI requests the FAA treat the eBee training p rogram 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, bef

ore 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 wi ngs 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.pdfhttp://www.modelaircraft.org/files/540

- D.pdf

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