August 11, 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 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, Ned D Ferguson d/b/a/ Professional Land Systems (“PLS”), an operator of

the eBee Unmanned Aircraft System (“eBee”) seeks an exemption from the Federal Aviation

Regulations (“FARs”) listed below:

x 14 C.F.R. 21

x 14 C.F.R. 61.133(a) (b)

x 14 C.F.R. 91.7(b)

x 14 C.F.R. 91.119

x 14 C.F.R. 91.151(a)

x 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 defined in

the eBee user manual (PLS 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) and conditions

defined in the paragraph 3.

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 pre-programmed precision aerial mapping

missions thanks to the on-board GPS and the related flight management software (eMotion) that

allows the operator to plan safely and efficiently a mission in 3D, and then monitor it in real-time.

Thanks to the embedded camera, protected by a foam envelope, the eBee takes a collection of

high-definition still images that are used later to generate maps and contour lines 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

Applications will include aerial reconnaissance, site inspections, utility inspections, and

photography for development of CAD drawings, orthophotos, topographic surveys, asbuilt

surveys, and 3D digital elevation models (aerial data collection.) In addition, PLS intends to use

the eBee for such applications as environmental impact assessment, disaster assessment,

agricultural assessment, accident surveys, and stockpile surveying at locations such as mines,

landfills, construction sites, and energy plants, while following appropriate controlled access

guidelines.

3. APPLICABLE LEGAL STANDARD UNDER SECTION 333

a. Airworthiness assessment of the eBee

PLS 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-flight-testcenter-conducts-ebee-airworthiness-assessment, and the USACE New Orleans, who coordinated

with the Department of Army and the FAA to obtain all authorizations required in order to

operate the eBee UAS). Moreover 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:

x Switzerland (flight approval for VLOS operations)

x Canada (flight approval for VLOS operations)

x Australia (flight approval for VLOS operations)
x France (flight approval for Extended-VLOS operations)

x Germany (flight approval for VLOS operations)

x United Kingdom (flight approval for VLOS operations)

x Norway (flight approval for VLOS operations)

x Sweden (flight approval for VLOS operations)

x Denmark (flight approval for VLOS operations)

b. Operating requirements

Grant of the exemption to PLS for the eBee will be subject to the following operating conditions:

x 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.

x 2. Operations for the purpose of closed-set motion picture and television filming are not

permitted.

x 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.

x 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.

x 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.

x 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.

x 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.

x 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.

x 9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is

in a condition for safe operation.

x 10. Prior to each flight, the PIC must conduct a pre-flight inspection and determine the

UAS 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.

x 11. The operator must follow the UAS manufacturer’s maintenance, overhaul,

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

components.

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

bulletins.

x 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 CFR § 61.56 in an aircraft in

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

x 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 PICs 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 § 91.119.

x 15. UAS operations may not be conducted during night, as defined 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.

x 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.

x 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.

x 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.

x 19. The PIC must abort the flight in the event of unpredicted obstacles or emergencies.

x 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.

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

operations shall be conducted in accordance 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 under the terms of the attached COA.

x 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.

x 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.

x 24. The UA must remain clear and give way to all manned aviation operations and

activities at all times.

x 25. The UAS may not be operated by the PIC from any moving device or vehicle.

x 26. All Flight operations must be conducted at least 500 feet from all nonparticipating

persons, vessels, vehicles, and structures unless:

x 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

x 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 determined that it does not present an undue hazard.

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

persons under this exemption.

x 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.

x 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.ntsb.gov.

3. CONCLUSION

PLS is a 23-year provider of land surveying and due diligence services. We believe that a grant of

exemptions defined herein will enable us to more effectively serve our customers and community

and do so with a far greater level of safety, given the eBee's light weight and small size, than

using a conventional aircraft or ground-level personnel to provide similar types of services.

Contact Information:

Ned D. Ferguson, Tennessee Registered Surveyor 1643

Professional Land Systems

205 Lamar Ave.

Clinton, TN 37716

Phone: 865-689-6169

Fax: 888-232-8717

Website: PLSurvey.com

Email: Ned@plsurvey.com

Yours sincerely,

Ned D. Ferguson
ANNEX A: EXEMPTION REQUEST AND EQUIVALENT LEVEL OF SAFETY

SHOWINGS UNDER APPLICABLE RULES SUBJECT TO EXEMPTION

PLS 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 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 is 1.7 pounds) and the limited operating area

associated with its utilization, it is unnecessary to go through the certificate of airworthiness

process under Part 21 Subpart H in order to achieve or exceed current safety levels.

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

Section 333 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. 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 proprietary risk assessment for operations with the eBee, which demonstrates that

assertion, is also being submitted to the FAA as part of this application. PLS 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. § 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 person:

(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, when 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 hire. 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 property 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 sport or recreational pilot license (at least) 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 airworthiness of the eBee. Given the size of

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

x New Mexico State University: https://newscenter.nmsu.edu/Articles/view/10208/nmsuuas-flight-test-center-conducts-ebee-airworthiness-assessment

x 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 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 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, PLS believes that an equivalent level of safety is already

achieved with the specific procedure preventing the eBee to accept a take-off order if 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 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.

PLS proposes that the maintenance of the eBee will be accomplished by the owner/operator

according to the maintenance manual, provided by SenseFly. PLS requests the FAA treat the

eBee training program 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, 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

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 wings and propulsion system are always airworthy

when a mission is initiated.