September 17th

, 2014

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

Re : Exemption Request Under Section 333 of the FAA Reform Act and Part 11 of the Federal

Aviation Regulations

Dear Mada m , Sir,

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”) and

14 C.F.R. Part 11, Darling Geomatics (“ Darling ”), 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. 61.133(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 mapping and

survey applications . These operations will be subject to strict operating requirements and

conditions defined by the Safety C ode 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 aircraft s.

The eBee will be operated by an individual who f ulfill s the following requirements:

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

 Has a commercial pilot certificate;

 Has a n AMA membership.

1. CHARACTERISTICS OF THE AIRCRAFT

The eBee is a small (37.8 inches wingspan ) and ultra

- light ( max imum take

- off weight of 1. 7

pounds) platform made of flexible foam that performs precision aerial mapping mis s ions 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 collecti on of high

- definition still images

that are used later to generate maps and contour lines of the surveyed area.The four main characteristics of the eBee are:

a. Very light weight

The eBee is so light that the operator can launch it by hand and let it land on almost any surface

without requiring a parachute or landing net (belly land). It s low impact energy ( 38 J i n case of a

controlled emergency landing ) also significantly reduces the risk of hazardous situation s

. Finally,

t he wings of the eBee are detachable and made of flexible foam with no sharp or hard edges and

almost no internal str engthening structure.

b. Electric

- p owered

The eBee is electric powered. A brushless engine technology makes it silent and reliable. The

propeller is attached with a rubber band to the body of the plane so that it can easil y flex away in

case of contact with any object.

c. Semi

- a utomatic 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 o f 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 susp end

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

Surveying and mapping for:

Federal and Local Flood Control

Federal, State, and Local Disaster Management

Landfills

Mining

Utilities

Agriculture

Golf Courses

Construction Sites

3. APPLICABLE LEGAL STANDARD UNDER SECTION 333

a

. Airworthiness assessment of the eBee

Darling notes that the airworthiness of the eBee has already b e en demonstrated for different

projects in the U nited S tates , 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 Dep artment 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 f or 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 Darling for the eBee will be subject to the following operating conditions,

based on the operating conditions set forth by the Academy of Model Aeronautics (s ee 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 yiel d the right of way to

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

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

hours

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

monitored at all times;

 VLOS guaranteed with a GPS geo

- fence around operator of 0.5 miles

 Flight ceiling pre

- programed at 400 feet;

 All operations conducted within 5 miles from an airport shall only be initiated after v erbal

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; includi ng 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.

c

. Darling Geomatics Operator Requirements

 Has successful ly passed a manufacturer’s training program for the eBee;

 Has an AMA membership;

 Holds a commercial pilot certificate3

. CONCLUSION

Darling Geomatics sees a great need for inexpensive yet highly detailed aerial mapping

information. With the eBee

, Darling Geomatics will be able to help local governments achieve

greater efficiency and cost savings in managing drainages, landfills, urban forests, and disasters.

In addition, with an eBee, Darling can expand its surveying services for existing custome rs in

Utilities and Mining, and new markets such as Agriculture . The result of this technology and cost

saving for everyone will increase profits and create more jobs.

S incerely

,

Darling Geomatics

Ryan Darling, CFII 2877864

ANNEX A : EXEMPTION REQUEST AND EQUIVALENT LEVEL OF SAFETY SHOWINGS

UNDER APPLICABLE RULES SUBJECT TO EXEMPTION

Darling requests an exemption from the following regulations as well as any additional regulations

that may technically apply to the operation of the eBee:

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates

14 CFR § 91.203(a)(1)

Section 91.203(a)(1) 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 § 9 1.203(a)(1). Given the size of the eBee , its very

light weight and the limited (the maximum take

- off weight is 1.7 pounds) operating area associated

with its utilization, it is unnecessary to go through the certificate of airworthiness process under Part

2 1 Subpart H to achieve or exceed current safety levels.

Such an exemption meets the requirements of an equivalent level of safety under Part 11 and

Section 333 of the Reform Act. The Federal Aviation Act and Section 333 of the Reform Act both

authorize th e FAA to exempt aircraft from the requirement for an airworthiness certificate, upon

consideration of the size, weight, speed, operational capability, and proximity to airports and

populated areas of the UAS involved.

In this case, an analysis of these di fferent 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 risk assessmen t for

operations with the eBee, which demonstrates that assertion, was submitted as part of this

application.

Indeed, t he eBee weighs less than 1.7 pounds, maximum take

- off weight

. It is made of flexible

foam, does not carry a pilot or passenger, does not carry flammable fuel, and will operate

exclusively within an area pre

- disclosed and in compliance with conditions set forth herein.

Operations under this exemption will be tightly controlled and monitored by the operator through

the constant communication link between the eBee and the ground station

. Moreover, a geo

- fence

and a flight ceiling will be defined by the operator before each flight to make sure the eBee will not

go beyond the defined flight envelop.

14 C.F.R. § 45.23 & 14 C.F.R. § 45.29 : Display of marks; size of marksThese regulations provide that each aircraft must display "N" and the aircraft's registration number

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

in letters at least 2 inches high near the entrance to the cabin, cockpit, or pilot station.

Given the size of the eBee (wingspan of 37.8 inches)

, this requirement is impossible to match

.

The equivalent level of safety will be achieved by having the upper part of the eBee stick with a

copy of the AMA membership of the operator in charge

. The AMA agrees to provide 2 original

copies of the AMA license to every eBee operator

.

Moreover , each operator will display at the ground station a high contrast flag or banner that

contains the words "Unmanned Aircraft System Ground Station" in letters 3 inches high or greater.

Since the aircraft will operate within 1/2 NM of the ground station, the banner should be visible to

anyone that observes the aircraft and chooses to investig ate it s point of origin.

14 C.F.R. § 91.7(a): Civil aircraft airworthiness

This regulation requires that no person may operate a civil aircraft unless it is in airworthy

condition. Should the exemption be granted allowing commercial operation of the eBee without an

airworthiness certificate, no standard will exist for airworthiness of the eBee

. Given the size of the

aircraft and the previous airworthiness assessments given to the eBee, among others:

 New Mexico State University: https://newscenter.nmsu.edu/Articles/view/10208/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 required in order to operate the eBee UAS for levee system monitoring,

documentation of construction progress, and extensive oblique photography of USACE

structures & activities

A n equivalent level of safety will be achieved by insuring compliance with the SenseFly manuals

prior to each flight.

14 C.F.R. § 91. 9 : Civil aircraft flight manual, marking, and placard requirements.

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

manual is in the aircraft. We assume that the intent of this requirement is to ensure that flight

manual information is available to the aircrew while operating the aircraft. We request an

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

documentation would not be available to the crew.

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

eBee transportation box.

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

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

instruction unless that aircraft has fully functioning dual controls."

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

simulation mode of the flight management software eMotion as set forth in Exhibit 2 . The equivalent

level of safety during the training will be achieved by the manufacturer prov iding t he training as

outlined in Exhibit 2 and through the use of experienced and qualified operators familiar with theeBee

.

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 thi s 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, prevent ing the eBee to go beyond the flight area.

The land owner 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. D ue to the

small size of th e 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, t he aircraft will not be operated over conge sted 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 e ach person operating an aircraft shall maintain the cruising altitude or

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

operating below 18,000 feet MSL to:

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

miles of the aircraft;

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

current reported altimeter setting of an a ppropriate available stati on;

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

an appropriate altimeter set ting 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 alti tude 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

, Darling believes that an equivalent level of safety i s

already achi eved 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 ” ) action s in these situations.

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

This regulation provides as follows: No person may operate a civil aircraft unless it has an appropriate and current

airworthiness certificate.

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

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

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

The eBee weighs only 1 .7 pounds ( max take

- off weight). As such, there is no ability or place to

carry certification and registration documents or to display them on the UAS. In addition, there is no

pilot or passengers on board the aircraft.

To obtain an equivalent level of safety and meet the intent of 91.203, Darling 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 ava ilable for inspection upon request. In order to

identify the aircraft, Darling propose s that a copy of the AMA membership of the operator will be

perm anently affixed to the eBe e on the upper side of the body.

14 CFR Subpart E (91.401

- 91.417)

- Mainten ance, Preventive Maintenance, and Alterations

The regulation provides that the operator is primarily responsible for maintaining the aircraft in an

airworthy condit ion, including compliance with P art s 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" aft er

maintenance and inspection. Section 91.409(a)(2) requires an annual inspec tion for the issuance of

an air worthiness certificate. Section 91.417(a) requires the owner o r 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.

Darling proposes that t he m aintenance of the eBee will be accomplished by the owner/operator

according to the maintenance manual

, such as Exhibit 3, provided by SenseFly

. 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, b efore

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 swit ched

- on and a message error is displayed on the main screen of eMotion. The operator

can then refer to the maintenance manual to troubleshoot this issue. S everal parts of the eBee are

easily interchangeable (propellers, wings), which allows the operator to make sure the wings and

prop ulsion system are always airworthy when a mission is initiated.ANNEX B : ACADEMY OF MODEL AERONAUTICS SAFETY REQUIREMENTS



### http://www.modelaircraft.org/files/105.pdf

http://www.modelaircraft.org/files/540

- D.pdf

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