August 6, 20 15 

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 Sir or Madam: 

Pursuant to Section 3 3 3 of the FAA Modernization and Reform Act of 2012 (the "Reform 

Act") and 14 C.F.R. Part 11, 3B Consulting Services, LLC ("3BCS"), seeks an exemption 

from the Federal Aviation Regulations ("F ARs") listed below for operation of an eBee 

Unmanned Aircraft System ("eBee"): 

• 14 C.F.R. 21 

• 14 C.F.R. 45.23 • 14 C.F.R 45.29 • 14 C.F.R. 61.3 • 14 C.F.R. 61.113(a) & (b) • 14 C.F.R. 61.133(a) • 14 C.F.R. 91.7(a) • 14 C.F.R. 91.9(b)(2) • 14 C.F.R. 91.103 • 14 C.F.R. 91.109(a) 

• 14 C.F.R. 91.319(a)(l) 

• 14 C.F.R. 91.119 • 14 C.F.R. 91.121 

• 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 defined in the eBee user manual (3BCS requests the FAA treat the eBee 
• Has successfully passed a manufacturer's training program for the eBee and the 

written test of the Private Pilots License; 3BCS 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. 

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 

(3 8 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 
2. APPLICATIONS 

The eBee will be used to map for natural resources, endangered species and plant life, 

topography, as-built construction conditions and progress, quarry and mining operations 

(non-congested areas). 

3. APPLICABLE LEGAL STANDARD UNDER SECTION 333 

a. Airworthiness assessment of the eBee 

3 BCS 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 

New Mexico State University: https://newscenter.nmsu.edul Articles/view/1 0208/nmsuuas-flight-test-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 3BCS 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; 
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. Operator Requirements 

The eBee operator will have successfully completed the written test of the Private Pilot 

license. 

CONCLUSION 

3BCS is a Geotechnical, Civil Engineering and Environmental Consulting Firm and the 

use of the eBee's technology will make our work more profitable, efficient and will enable 

us to deliver accurate results in near real time to our clients. This accuracy and time 

saving ability will allow the clients to make on-time decisions. The eBee is safer than 

having employees out in the field for specific projects, and also very safe for other 

aircrafts because of the mission specifications (below 400 ft.) and eBee integrated safety 

features. 

We are prepared to modify or amend any part of this request to satisfy the need for an 

equivalent level of safety. We look forward to working with your office. Please contact us at 

any time if you require additional information or clarification. 
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. 3BCS 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. § 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. 

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 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 

or private pilot certification. Instead, operators should be required to: 

• Have passed SenseFly's training program for operation of the UAS. The 

manufacturer's training program for operators has been already satisfactorily reviewed through the Application for Airworthiness Qualification Level (AQL) 3 

Airworthiness Release (A WR). 

• Has the written test of the PPL 

The equivalent level of safety will be achieved by having an operator trained by the AMA 

(or any FAA qualified entity) and Sense Fly, and using the integrated features of the 

aircraft to maintain a high level of safety during the different missions. 

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

flight manual is in the aircraft. 3 BCS assumes that the intent of this requirement is to 

ensure that flight manual information is available to the aircrew while operating the 

aircraft. 3BCS requests 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. § 91.103: Preflight Action 

This regulation requires each pilot in command take certain actions before flight to ensure 

the safety of flight. An exemption is needed from this requirement as the pilot will take 

separate preflight actions, including checking for weather conditions, checking flight 

battery requirements, checking takeoff and landing distances, and all other actions in the 

operator manual and safety checklists. These actions will provide an equivalent level of 

safety. 

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 elaborate training program, using first 

the simulation mode of the flight management software eMotion. The equivalent level of 

safety during the training will be achieved by the manufacturer or authorized distributor 

providing the training 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 or public property (roadbuilding projects) 
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. 

Flight operations will be conducted at least 5 miles from an airport and at least 3 miles 

from any city or densely populated area. 

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)(l)(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, 3BCS 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" 
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, 3BCS proposes 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 

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 91.41 7 (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. 

3BCS proposes that the maintenance of the eBee will be accomplished by the 

owner/operator according to the maintenance manual, provided by SenseFly. 3BCS 

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 
http://www.modelaircraft.org/files/105.pdf http://www.modelaircraft.org/files/540-D.pdf http:/ /www.modelaircraft.org/files/ 560. pdf ANNEX C: BENEFIT TO THE PUBLIC FOR EXEMPTION 

The proposed exemptions allowing 3 BCS to operate the eBee enhances safety while 

reducing risk. Manned aircraft currently utilized for monitoring and surveying create a 

greater risk because the aircraft are considerably larger, have combustible fuel, and carry an 

onboard human pilot. Alternatively, the ultra-light eBee eliminates virtually all of that risk 

given the reduced mass and lack of combustible fuel carried on board. The eBee will carry 

no passengers or crew and, therefore, no onboard crew will be exposed to the risks 

associated with unmanned aircraft flights. The unmanned eBee will mitigate the safety 

risks for clients who must conduct regular surveys of minerals and/or track the 

displacement of earth tonnage. Finally, the use of the eBee and the information gathered 

by the eBee will reduce the risk of accidents at the sites being surveyed by providing 

accurate data to clients in mining operations. 

Additionally, the operation of the eBee for mapping of natural resources, endangered 

species and plant life, topography, construction conditions and quarry and mining 

operations (in non-congested areas) will greatly benefit the public by reducing the levels of 

air and noise pollution generated by traditional aerial survey flight operations which 

typically utilize a six cylinder internal combustion twin engine aircraft burning 20-30 

gallons per hour of leaded aviation fuel. The reduction of the carbon footprint provides an 

added benefit to the public.