February 15, 2016 

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 ofthe Federal 

Aviation Regulations 

Dear Madam, Sir, 

Pursuant to Section 333 of the FAA Modernization and Reform Act of2012 (the "Reform Act") and 14 

C.F.R. Part II, Napton Aerial Surveying an operator of the eBee Unmanned Aircraft System ("eBee") 

seeks an exemption from the Federal Aviation Regulations ("FARs") listed below: 

• 14C.P.R.21 

• 14 C.P.R. 61.133(a) (b) 

• 14 C.P.R. 91.7(b) 

• 14C.F.R.91.119 

• 14 C.P.R. 91.151(a) 

• 14 CFR Subpart E (91.401 - 91.417) 

The following appendices are included in this document for reference purposes. Napton Aerial Surveying 

requests that the FAA treat these documents as proprietary under 14 C.F .R. 11.35(b) and not include these 

appendices in the public docket: 

Appendix A: SenseFly -Justification of airworthiness eBee 

Appendix B: SenseFly- eBee User Manual Vl7 

Appendix C: SenseFiy - eBee training documentation 

Appendix D: SenseFly - eBee maintenance procedures 

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 (SES requests the FAA treat the User Manual as proprietary under 14 C.P.R. 11.35(b) 

and not include this document in the public docket) and conditions defined by the Safety Code of the 

Academy of Model Aeronautics , 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 Private Pilot 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 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 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 on board 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 controUer provided with the system. 

2. APPLICATIONS 

Napton Aerial Surveying has plans to purchase the SenseFiy eBee and respectively requests exemption to 

operate the eBee for aerial surveying of construction sites, mines, fann operations, landfills and mapping 

purposes. 

3. APPLICABLE LEGAL STANDARD UNDER SECTION 333 

a. Airworthiness assessment of the eBee 

SES 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:/ /ncwscenter.nmsu.edul Articles/view/ I 0208/nmsu-uas-flight-testcenter-conductsMehee-ainvorthincss-asscs.sment, 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 the eBee already received 15 Exemptions from the FAA. 

Sensefly also 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) 

• NoiVIay (flight approval for VLOS operations) 

• Sweden (flight approval for VLOS operations) 

• Demnark (flight approval for VLOS operations) 

b. Operating requirements 

Grant of the exemption to Napton Aerial Surveying for the eBee will be subject to the following 

operating conditions: 

• 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 restriction. 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 the 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 PIC 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 permitted during flight operations. The PIC must be designated before the flight and 

cannot transfer his or her designation for the duration of the flight. The PIC must ensure 

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 discrepancy exists between the conditions and limitations 
in this exemption and the procedures outlined in the operating documents, the conditions 

and limitations herein take precedence and must be followed. Otherwise, the operator 

must follow the procedures as outlined in its operating documents. The operator may 

update or revise its operating documents. It is the operator's responsibility to track such 

revisions and present updated and revised documents to the Administrator or any law 

enforcement official upon request. The operator must also present updated and revised 

documents 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 which the 

FAA granted this exemption, then the operator must petition for an amendment 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 affect the UAS operation 

or flight characteristics, e.g. replacement of a flight critical component, must undergo a 

functional test flight prior to conducting further operations under this exemption. 

Functional test flights may only be conducted by a PIC with a VO and must remain at 

least 500 feet from other people. The functional test flight must be conducted in such a 

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 

VAS is in a condition for safe flight. The 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 manufacturer's maintenance, overhaul, 

replacement, inspection, and life limit requirements for the aircraft and aircraft 

components. 

• 12. Each UAS operated under this exemption must comply with all manufacturer safety 

bulletins. 

• 13. Under this grant of exemption, a PIC must hold either an airline transport, commercial, 

private, recreational, or sport pilot certificate. The PIC must also hold a current FAA 

airman medical certificate or a valid U.S. driver's license issued by a state, the District of 

Colombia, Puerto Rico, a territory, a possession, or the Federal government. The PIC must 

also meet the flight review requirements specified in 14 CPR § 61.56 in an aircraft in 

which the PIC is rated on his or her pilot certificate. 

• 14. The operator may not permit any PIC to operate unless the PIC demonstrates the 

ability to safely operate the UAS in a manner consistent with how the UAS will be 

operated under this exemption, including evasive and emergency maneuvers and 

maintaining appropriate distances from persons, vessels, vehicles and structures. PIC 

qualification flight hours and currency must be logged in a manner consistent with 14 

CFR § 61.51(b). Flights for the purposes of training the operator's P!Cs and VOs 

(training, proficiency, and experience-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 during dedicated training sessions. During training, proficiency, 

and experience-building flights, all persons not essential for flight operations are 

considered nonparticipants, and the PIC must operate the UA with appropriate distance 

from nonparticipants in accordance with 14 CFR § 91.! 19. 

• 15. VAS operations may not be conducted during nigbt, as defmed in 14 CFR § 1.1. All 

operations must be conducted under visual meteorological conditions (VMC). Flights 

under special visual flight rules (SVFR) are not authorized. 

• 16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as 

denoted in the current FAA Airport/Facility 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 airport 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 predetermined location within the private or controlled-access property. 

• 19. The PIC must abort the flight in the event ofunpredicted obstacles or emergencies. 

• 20. The PIC is prohibited from beginning a flight unless (considering wind and forecast 

weather conditions) there is enough available power for the UA to conduct the intended 

operation and to operate after that for at least five minutes or with the reserve power 

recommended by the manufacturer if greater. 

• 21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All 

operations shall be conducted in accordance with an A TO-issued COA. The exemption 

holder may apply for a new or amended COA if it intends to conduct operations that 

cannot be conducted under the terms of the attached COA. 

• 22. All aircraft operated in accordance with this exemption must be identified by serial 

number, registered in accordance with 14 CFR part 47, and have identification (NNumber) markings in accordance with 14 CFR part 45, Subpart C. Markings must be as 

large as practicable. 

• 23. Documents used by the operator to ensure the 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 way 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 protect nonparticipating persons from 

the UA and/or debris in the event of an accident. The operator must ensure that 

nonparticipating persons remain under such protection. If a situation arises where 

nonparticipating persons leave such protection and are within 500 feet 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 structures 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 detennined that it does not present an undue hazard. 

The PIC, VO, operator trainees or essential persons are not considered nonparticipating 

persons under this exemption. 

• 27. All operations shall be conducted over private or controlled-access property with 

permission from the property owner/controller 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 Safety Board (NTSB) per instructions contained on the 

NTSB Web site: www.ntsh.gov. 
3. CONCLUSION 

By utilizing the UA V for aerial surveying functions, Napton Aerial Surveying will have the ability to 

collect data in a fraction of the time and cost that would be associated with a ground based survey. The 

aerial survey can be completed in a matter of minutes instead of days. Cost saving will be passed along to 

clients due to the reduction in manpower required to complete the survey. Data from the aerial survey 

can be process in within minutes of completing the flight, thus allowing the clients to make near real-time 

decisions and increase work flow at their sites. 

The cost to purchase and maintain the SenseFiy eBee is nominal in comparison to that of a traditional 

manned aircraft. 

Due to its unique, lightweight and compact design, the SenseFly eBee can be assembled and 

deployed in less than five (5) minutes after arriving onsite. It can perform its mission effuctively and 

efficiently and literally land at your feet. The data from the mission can begin being processed 

immediately at the survey site or in the office. 

Yours sincerely, 

Clint Napton 

Owner 

Napton Aerial Surveying 

16944 132"d St. 

Bloomer, WI 54724