October 2, 2015 

J-D-EyeLLC 

150 West End Avenue UL2 

Somerville, NJ 08876 

908-526-0081 

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, J-D-Eye LLC. ("David Weisman"), an operator of the eBee 

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

Regulations ("F ARs") listed below: 

• 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. 91.121 

• 14 C.F.R. 61.133(a) 

• 14 C.F.R. 91.7(b) 

• 14 C.F.R. 91.9(b)(2) 

• 14 C.F.R. 91.109(a) 

• 14 C.F.R. 91.1 l9 

• 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 (J-D-Eye LLC requests the FAA treat the 

eBee training program as proprietary under 14 C.F.R. ll.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 fulfills the following requirements: 

• Has successful~y passed a manufacturer's training program for the eBee and the 

written test of the Private Pilots License; J-D-Eye LLC requests the FAA treat the 

eBee training program as proprietary under 14 C.F.R. 1 l.35(b) and does not 

include this document in the public docket. 

1. CHARACTERIST~CS 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 coritour lines of the surveyed area. 

The four main characteristics of the eBee are: 

a. Very light weight 

The eBee is so light t~at 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 

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) as well as commercial photovoltaic systems. 

3. APPLICABLE LEGAL STANDARD UNDER SECTION 333 

a. Airworthiness assessment of the eBee 

J-D-Eye LLC 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-test-center-conductsebee-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 J-D-Eye LLC 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; 

• 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 

J-D-Eye LLC is a Thermal Imaging Inspection Company 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 J-D-Eye 

LLC's employees out in the field for specific projects, and also very safe for other aircraft 

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. 
Yours Sincerely, 

David S. Weisman 

Joshua L. Lewin 

ANNEX A: EXEMPTION REQUEST AND EQUIVALENT LEVEL OF SAFETY 

SHOWINGS UNDER APPLICABLE RULES SUBJECT TO EXEMPTION 

XXXX 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)(l) 

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. J-D-Eye LLC requests the FAA treat the 

eBee risk assessmen~ as proprietary under 14 C.F.R. l l.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 

"EXPERIMENT AL" 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. § 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 obtai~ 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 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. J-D-Eye LLC assumes that the intent of this requirement is 

to ensure that flight n;ianual information is available to the aircrew while operating the 

aircraft. J-D-Eye LLC 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. § 61.3: Requirements for certificates, ratings and authorizations 

14 C.F.R. § 61.113(a) 1 & (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 tted 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 featu,res 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 trammg 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 writte~ 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 SenseFly, and using the integrated features of the 

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

14 C.F.R. § 91.109(a) & 91.319(a)(l): 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 elaborated training program, using first 

the simulation mode or 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. 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 conside11ed 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 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 re]?orted altimeter setting of a station along the route and within I 00 

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.lSl(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, J-D-Eye LLC 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 certific<'j,tion 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, J-D-Eye LLC 

proposes that documents deemed appropriate for this aircraft by the FAA will be colocated with the opera~or at the ground control station in the eBee box and available for 

• • I mspect10n 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 91.417(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 airc~aft for return to service. 

J-D-Eye LLC proposes that the maintenance of the eBee will be accomplished by the 

owner/operator according to the maintenance manual, provided by SenseFly. J-D-Eye 

LLC requests the FA.f,. 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 of1 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 disp~ayed on the main screen of 

The flight management software. The operator can then refer to the maintenance manual 

to troubleshoot this iss~e. 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. 

ANNEX B: ACADEMY OF MODEL AERONAUTICS SAFETY REQUIREMENTS 

http:/ /www.modelaircraft.org/files/10 5. pdf 

http://www.modelaircr ft.org/files/ 540-D .pdf 

http://www.modelaircraft.org/files/560.pdf