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 DearMadam, Sir, Pursuant to Section 333 ofthe 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”) listedbelow:

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 SubpartE (91.401

- 91.417) The requested exemption would authorize commercial operations using the eBee formapping and survey applications. These operations will be subject to strict operating requirements defined in the eBee user manual (PLS requests the FAA treatthe eBee training programas proprietary under 14 C.F.R. 11.35(b) and does not include this document in the public docket) and conditions defined inthe paragraph 3. 1. CHARACTERISTICS OF THEAIRCRAFT The eBee is a small (37.8 inches wingspan) and ultra-light (maximum take-off weight of 1.7 pounds) platform made offlexible 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 amission in 3D, and then monitorit 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 ofthe surveyed area. Thefourmain characteristics ofthe eBee are:
a. Very light weightThe 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 ofhazardous situations. Finally, the wings ofthe eBee are detachable and made offlexible foam with no sharp or hard edges and almostno 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 ofthe plane so that it can easily flex away in case ofcontactwithany 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 oftheflightunderthe supervision ofthe operator. d. OptionforManual 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 respondemergent circumstances, thanks to the remote controllerprovided withthe 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 ofthe eBee PLS notes that the airworthiness ofthe 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 operatethe eBeeUAS). Moreoverthe eBee already received 15 Exemptions fromthe FAA. SenseFly also obtained flight approvals for the eBee (delivered by national civil aviation authorities) inmany countries, among others:

x Switzerland (flight approval forVLOS operations) x Canada (flight approval forVLOS operations) x Australia (flight approvalforVLOS operations)x France (flight approval forExtended-VLOS operations)

x Germany (flight approvalforVLOS operations) x United Kingdom (flight approvalforVLOS operations) x Norway (flight approval forVLOS operations) x Sweden (flight approvalforVLOS operations) x Denmark (flight approvalforVLOS operations)
b. Operating requirements Grantofthe exemptionto PLS forthe eBee will be subjectto the following operating conditions:

x 1. Operations authorizedby this grant ofexemption are limited to the SenseFly eBee when weighing less than 55 pounds including payload. Proposed operations ofany other aircraft will require anew petitionor apetitionto 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). Altitudemustbe reportedin feetAGL.

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 avisual observer (VO). The UA must be operated within the visual line ofsight (VLOS) ofthe 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 thatthe VO canperformthe duties required ofthe 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 Administratorupon request. Ifa 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 reviseddocuments 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 grantedthis exemption, then the operatormustpetitionfor an amendment to its grant ofexemption. The FAA’s UAS Integration Office (AFS-80) may be contacted ifquestions ariseregarding updates orrevisions tothe 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 tonotpose anundue hazardtopersons andproperty.

x 9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is in aconditionforsafe 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. Ifthe 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 tobe in a conditionforsafe 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 ofexemption, aPIC 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, aterritory, apossession, or the Federal government. The PIC must also meet the flight review requirements specified in 14 CFR § 61.56 in an aircraft in whichthe PIC is rated onhis orherpilotcertificate.

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 forthe purposes oftraining 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 14CFR § 91.119.

x 15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. Alloperations must be conducted under visual meteorological conditions (VMC). Flights

under special visual flightrules (SVFR) arenot authorized.

x 16. The UA may notoperate within 5 nautical miles ofan airportreference 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 ofagreement with that airport’s management is obtained or otherwise permitted by a COA issued to the exemption holder. The letter ofagreement with the airport management must be made available to the Administrator or any law enforcement official uponrequest.

x 17. The UA may not be operated less than 500 feet below or less than 2,000 feet horizontally fromacloudorwhen visibility is less than 3 statutemiles fromthePIC.

x 18. Ifthe UAS loses communications or loses its GPS signal, the UA must return to apredeterminedlocation within the private orcontrolled-access property.

x 19. The PIC must abortthe flight in the event ofunpredictedobstacles oremergencies.

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 recommendedby the manufacturerifgreater.

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 cannotbe conductedunderthe terms ofthe 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 operatorto ensure the safe operation and flight ofthe 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 uponrequest.

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 notbe operatedby the PICfromany moving device orvehicle.

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 nonparticipatingpersons; 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 ofthe risk of operating closertothose objects anddetermined thatit does notpresent anundue hazard. The PIC, VO, operator trainees or essential persons are not considered nonparticipating persons underthis 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 flighttobe 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-yearprovider ofland 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 aconventional aircraft orground-level personneltoprovide similartypes ofservices. ContactInformation: NedD. Ferguson, Tennessee Registered Surveyor 1643 ProfessionalLand Systems 205 LamarAve. Clinton, TN 37716 Phone: 865-689-6169 Fax: 888-232-8717 Website: PLSurvey.com Email: Ned@plsurvey.com
Yours sincerely,

NedD. FergusonANNEX 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 thatmay technically apply tothe operation ofthe 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 ofairworthiness. 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 underPart 21 SubpartHin orderto achieve orexceedcurrent safetylevels. Such an exemption meets the requirements of an equivalent level of safety under Part 11 and Section 333 ofthe ReformAct. The Federal AviationAct and Section 333 ofthe Reform Actboth 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 ofthe UAS involved. An analysis ofthese 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 thepublic 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 ofa civil aircraft ofthe United States, unless thatperson: (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, apilotlicense issuedby thatcountry maybe used. The regulation provides also that no person that holds aprivate pilot certificate may act as pilot in command ofan aircraft forcompensation orhire. Subparagraph (b) allows aprivatepilotto act as pilotin command ofan aircraft in connectionwith any business oremploymentif:(1) Theflight is only incidentalto thatbusiness oremployment;

(2) The aircraft does notcarrypassengers orpropertyforcompensation orhire. 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 ofthe eBee should notbe required to hold a commercial pilot certification. Instead, operators shouldbe requiredto: Have a sport or recreational pilot license (at least) and have successfully passed a manufacturer’s training programforthe 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 ofthe eBee without an airworthiness certificate, no standard will exist for airworthiness ofthe eBee. Given the size of the aircraft andthe 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 ofUSACE structures & activities An equivalent level of safety will be achieved by insuring compliance with the SenseFly manuals priorto eachflight. 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 of400 feetAGL, the eBee cannotcomply withthis 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 arearadius and aflight areaceiling, preventing the eBeeto gobeyond the flight area. The landowner and the persons who may be on the ground in the flight area will be briefed ofthe expectedroute offlight and the associatedrisks to persons andproperty onthe ground. Due to the small size ofthe eBee and the material with which the eBee is built, the hazardtopersons, vessels, vehicles, and structures is notcomparable to manned aircraft and shouldbe 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 withoutunduehazard topersons orproperty onthe 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-VFRconditions unless there is enough fuel to fly to the first point ofintended landing and to fly after

thatforatleast 30 minutes. Given the area ofoperation forthe eBee, PLS believes that an equivalent level ofsafety is already achieved with the specific procedure preventing the eBee to accept a take-off order ifthe battery level is below a given value. Moreover, SenseFly has integrated “low” and “critical” battery level warnings and implemented a “returnto Home” (and “Go Land”) actions in these situations. 14 CFR Subpart E (91.401 - 91.417) - Maintenance, Preventive Maintenance, and Alterations The regulation provides thatthe operatoris primarily responsible formaintaining 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 forreturnto service by a person authorized under43.7" 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 Part43, orlicensed pilots andrecords ofapproval ofthe aircraft forreturnto 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 eBeewill notbe able tobe switched-on and amessage erroris displayed onthemain 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 amissionis initiated.