140HILLTOPAVE.1LEBANON,VA24266WWW.3BCS.COMAugust6,2015U.S.DepartmentofTransportationDocketManagementSystem1200NewJerseyAve.,SEWashington,DC20590Re:ExemptionRequestUnderSection333oftheFAAReformActandPart11oftheFederalAviationRegulationsDearSirorMadam:PursuanttoSection33 3oftheFAAModernizationandReformActof2012(the"ReformAct")and14C.F.R.Part11,3BConsultingServices,LLC("3BCS"),seeksanexemptionfromtheFederalAviationRegulations("FARs")listedbelowforoperationofaneBeeUnmannedAircraftSystem("eBee"):•14C.F.R.21•14C.F.R.45.23•14C.F.R45.29•14C.F.R.61.3•14C.F.R.61.113(a)&(b)•14C.F.R.61.133(a)•14C.F.R.91.7(a)•14C.F.R.91.9(b)(2)•14C.F.R.91.103•14C.F.R.91.109(a)•14C.F.R.91.319(a)(l)•14C.F.R.91.119•14C.F.R.91.121•14C.F.R.91.151(a)•14C.F.R.91.203(a)&(b)•14CFRSubpartE(91.401-91.417)TherequestedexemptionwouldauthorizecommercialoperationsusingtheeBeeformappingandsurveyapplications.TheseoperationswillbesubjecttostrictoperatingrequirementsdefinedintheeBeeuser manual(3BCSrequeststheFAAtreattheeBeetraining program

as proprietary under

14 C.F.R. 11.35(b)
and does not include this document

in the public docket) 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 fulfill the following requirements: • 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 controlAdditionally,theeBeeprovidesanoverridecapabilitythatallowstheoperatortotakemanualactionsduringtheflight(GotoHome,GoLand,HoldandResumethemission)andalsosuspendautomatedoperationsandtakemanualcontroloftheaircraftshoulditbecomenecessarytorespondemergentcircumstances,thankstotheremotecontrollerprovidedwiththesystem.2.APPLICATIONSTheeBeewillbeusedtomapfornaturalresources,endangeredspeciesandplantlife,topography,as-builtconstructionconditionsandprogress,quarryandminingoperations(non-congestedareas).3.APPLICABLELEGALSTANDARDUNDERSECTION333a.Airworthinessassessmentofthe eBee3BCSnotesthattheairworthinessoftheeBeehasalreadybeendemonstratedfordifferentprojectsintheUnitedStates,involvingstate/federalagenciesoruniversities(amongothersNewMexicoStateUniversity:https://newscenter.nmsu.edulArticles/view/10208/nmsuuas-flight-test-center-conducts-ebee-airworthiness-assessment,andtheUSACENewOrleans,whocoordinatedwiththeDepartmentofArmyandtheFAAtoobtainallauthorizationsrequiredinordertooperatetheeBeeUAS).Moreover,SenseFlyobtainedflightapprovalsfortheeBee(deliveredbynationalcivilaviationauthorities)inmanycountries,amongothers:•Switzerland(flightapprovalforVLOSoperations)•Canada(flightapprovalforVLOSoperations)•Australia(flightapprovalforVLOSoperations)•France(flightapprovalforExtended-VLOSoperations)•Germany(flightapprovalforVLOSoperations)•UnitedKingdom(flightapprovalforVLOSoperations)•Norway(flightapprovalforVLOSoperations)•Sweden(flightapprovalforVLOSoperations)•Denmark(flightapprovalforVLOSoperations)b.OperatingrequirementsGrantoftheexemptionto3BCSfortheeBeewillbesubjecttothefollowingoperatingconditions,basedontheoperatingconditionssetforthbytheAcademyofModelAeronautics(seeAnnexB).Themainrestrictionsaresummarizedbelow:•Operationstobeconductedoverprivate,controlled-access,orpublicpropertywhereapproved;•Permissionfromthelandowner/authorityrequiredbeforecommencinganyflight;

## • 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

& 

## A void 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. 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.ANNEXA:EXEMPTIONREQUESTANDEQUIVALENTLEVELOFSAFETYSHOWINGSUNDERAPPLICABLERULESSUBJECTTOEXEMPTION3BCSrequestsanexemptionfromthefollowingregulationsaswellasanyadditionalregulationsthatmaytechnicallyapplytotheoperationoftheeBee:14C.F.R.Part21,SubpartH:AirworthinessCertificates14CFR§91.203(a)(1)Section91.203requiresallcivilaircrafttohaveacertificateofairworthiness.Part21,SubpartH,entitledAirworthinessCertificates,establishestheproceduralrequirementsfortheissuanceofairworthinesscertificatesasrequiredbyFAR§91.203(a).GiventhesizeoftheeBee,itsverylightweight(themaximumtake-offweightis1.7pounds)andthelimitedoperatingareaassociatedwithitsutilization,itisunnecessarytogothroughthecertificateofairworthinessprocessunderPart21SubpartHinordertoachieveorexceedcurrentsafetylevels.SuchanexemptionmeetstherequirementsofanequivalentlevelofsafetyunderPart11andSection333oftheReformAct.TheFederalAviationActandSection333oftheReformActbothauthorizetheFAAtoexemptaircraftfromtherequirementforanairworthinesscertificate,uponconsiderationofthesize,weight,speed,operationalcapability,andproximitytoairportsandpopulatedareasoftheUASinvolved.AnanalysisofthesedifferentcriteriademonstratesthattheeBeeoperatedwithoutanairworthinesscertificate,undertheconditionsproposedinthatexemption,willbeatleastassafe,orsafer,thanaconventionalaircraftwithanairworthinesscertificate.AproprietaryriskassessmentforoperationswiththeeBee,whichdemonstratesthatassertion,isalsobeingsubmittedtotheFAAaspartofthisapplication.3BCSrequeststheFAAtreattheeBeeriskassessmentasproprietaryunder14C.F.R.11.35(b)andnotincludethisdocumentinthepublicdocket.14C.F.R.§45.23&14C.F.R.§45.29:Displayofmarks;sizeofmarksTheseregulationsprovidethateachaircraftmustdisplay"N"andtheaircraft'sregistrationnumberin lettersatleast3incheshigh.Additionally,theaircraftmustdisplaytheword"EXPERIMENTAL"inlettersatleast2incheshighneartheentrancetothecabin,cockpit,orpilotstation.GiventhesizeoftheeBee(wingspanof37.8inches),thisrequirementisimpossibletomatch.14C.F.R.§61.3:Requirementsforcertificates,ratingsandauthorizations14C.F.R.§61.113(a)&(b);61.133(a):PrivatePilotPrivilegesandLimitations;PilotinCommand;CommercialPilotPrivilegesandLimitations

# 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 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 forlevee 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.

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)

### with approval from the State. 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. 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"

## 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, 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

andamessageerrorisdisplayedonthemainscreenoftheflightmanagementsoftware.Theoperatorcanthenrefertothemaintenancemanualtotroubleshootthisissue.SeveralpartsoftheeBeeareeasilyinterchangeable(propellers,wings),whichallowstheoperatortomakesurethewingsandpropulsionsystemarealwaysairworthywhenamissionisinitiated.ANNEXB:ACADEMYOFMODELAERONAUTICSSAFETYREQUIREMENTShttp://www.modelaircraft.org/files/105.pdfhttp://www.modelaircraft.org/files/540-D.pdfhttp://www.modelaircraft.org/files/560.pdfANNEXC:BENEFITTOTHEPUBLICFOREXEMPTIONTheproposedexemptionsallowing3BCStooperatetheeBeeenhancessafetywhilereducingrisk.Mannedaircraftcurrentlyutilizedformonitoringandsurveyingcreateagreaterriskbecausetheaircraftareconsiderablylarger,havecombustiblefuel,andcarryanonboardhumanpilot.Alternatively,theultra-lighteBeeeliminatesvirtuallyallofthatriskgiventhereducedmassandlackofcombustiblefuelcarriedonboard.TheeBeewillcarrynopassengersorcrewand,therefore,noonboardcrewwillbeexposedtotherisksassociatedwithunmannedaircraftflights.TheunmannedeBeewillmitigatethesafetyrisksforclientswhomustconductregularsurveysofmineralsand/ortrackthedisplacementofearthtonnage.Finally,theuseoftheeBeeandtheinformationgatheredbytheeBeewillreducetheriskofaccidentsatthesitesbeingsurveyedbyprovidingaccuratedatatoclientsinminingoperations.Additionally,theoperationoftheeBeeformappingofnaturalresources,endangeredspeciesandplantlife,topography,constructionconditionsandquarryandminingoperations(innon-congestedareas)willgreatlybenefitthepublicbyreducingthelevelsofairandnoisepollutiongeneratedbytraditionalaerialsurveyflightoperationswhichtypicallyutilizeasixcylinderinternalcombustiontwinengineaircraftburning20-30gallonsperhourofleadedaviationfuel.Thereductionofthecarbonfootprintprovidesanaddedbenefittothepublic.