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 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, 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 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. 

The eBee will be operated by an individual who fulfills the following requirements:

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

 Has a commercial pilot certificate;

 Has an AMA membership.

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 of flexible foam that performs 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 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). Its low impact energy (38 J in case of a 

controlled emergency landing) also significantly reduces the risk 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 technology 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 autopilot 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 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 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-flighttest-center-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 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 (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 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 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 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.

c. Darling Geomatics Operator Requirements

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

 Has an AMA membership;

 Holds a commercial pilot certificate
3. 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 customers 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. 

Sincerely,

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 § 91.203(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 

21 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 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 of the UAS involved.

In this case, an analysis of these 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 risk assessment for 

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

application.

Indeed, the 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 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 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 investigate its 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-uasflight-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

An 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 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 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 as set forth in Exhibit 2. The equivalent 

level of safety during the training will be achieved by the manufacturer providing the training as 

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

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 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, 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 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 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 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 available for inspection upon request. In order to 

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

permanently affixed to the eBee on the upper side of the body.

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 

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" after 

maintenance and inspection. Section 91.409(a)(2) requires an annual 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.

Darling proposes that the maintenance 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, before 

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 eMotion. 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 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/105.pdf

http://www.modelaircraft.org/files/540-D.pdf

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