October 2, 2015 J-D

-EyeLLC 150 West EndAvenue UL2

Somerville , NJ08876 908

-526-0081

U.S. Department ofTransportation Docket Management System 1200 NewJersey 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 ofthe FAA Modernization and Reform Act of2012 (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 ("FARs") listed below: 

# • 14 C
.F.R. 21 

# • 14 C.F
.R. 45.23 

## • 14 C.F.R45.29 

## • 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 operatingrequirements 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 ofthe 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 ofthe Private Pilots License; J

-D-Eye LLC requests the FAA treat the eBee training program as proprietary under 14 C.F.R
. 1l.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

-offweight 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 ofhigh

-definition still images that are used later to generate maps and coritour lines ofthe surveyed area. The four main characteristics ofthe 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 ofthe eBee are detachable and made of flexible foam withno 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 ofthe plane so that it can easily flex away in case ofcontact 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 ofall the aspects ofthe flight underthe supervision ofthe 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 ofthe eBee J-D

-Eye LLC 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-test

-center-conductsebee

-airworthiness

-assessment, and the USACE New Orleans, who coordinated with the Department ofArmy 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 nationa l civil aviation authorities) inmany 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 mainrestrictions 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 & Avoid 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 of0.5 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 presen t at the airport; • All operations shall comply with required permissions and permits established by territorial, state, county or cityjurisdictions; including local law enforcement, fire, or other appropriate governmental agencies. • The eBee operations will be compliant with existing safety procedures inherent to the activities ofthe related company. c. Operator Requirements

The eBee operator will have successfully completed the written test ofthe Private Pilot license.
CONCLUSION J-D-Eye LLC is a Thermal Imaging Inspection Company and the use ofthe 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 allowthe clients to make on-time decisions
. The eBee is safer thanhaving J

-D-Eye LLC' s employees out inthe field for specific projects, and also very safe for other aircraft because ofthe mission specifications (below400 ft.) and eBee integrated safety features. We are prepared to modify or amend any part ofthis request to satisfythe need for an equivalent level ofsafety
. We look forward to working with your office. Please contact us at any time ifyou require additional information or clarification.Yours Sincerely,

David S. Weisman

Joshua L. Lewin

ANNEX A: EXEMPTION REQUEST AND EQUIVALENT LEVEL OF SAFETY SHOWINGS UNDERAPPLICABLE 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 oft he eBee: 14 C.F.R. Part 21 , Subpart H: Airworthiness Certificates14 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 ofthe 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 ofairworthiness process under Part 21 Subpart H in order to achieve or exceed current safety levels
. Such an e xemption meets the requirements ofan equivalent level ofsafety 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 andpopulated areas ofthe 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 ofthis 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 ofmarks; size ofmarks 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. 

### § 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 e xist for airworthiness ofthe 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/1 0208/ nmsu-uas-flight

-test
-centerconducts-ebee-airwort hiness-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 thatthe intent ofthis 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 ofthe 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 ofthat 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 ofthe 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 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 ofthe PPL The equivalent level ofsafety 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 ofsafety 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 

# o r

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 ofexperienced 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 of400 feet AGL, the eBee cannot comply with this requirement. The equivalent level ofsafety 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 ofthe 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 ofpersons. The aircraft will be operated at an altitude allowing, ifa power unit fails, an emergency landing without undue hazard to persons orproperty onthe surface
. 14 CFR 91.121 - Altimeter settingsThis section requires that each person operating an aircraft shall maintain the cruising altitude or flight level ofthat 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 I00 nautical miles ofthe aircraft; • If there is no station within the area prescribed in paragraph (a)(l)(i) of this section, the current reported altimeter setting ofan appropriate available station; • In the case ofan aircraft not equipped with a radio, the elevation ofthe 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 ofintended landing and to fly after that for at least 30 minutes. Given the area ofoperation 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) ofthis 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

-offweight). 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 ofapproval ofthe 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 of 1 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. Ifa 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 ofthe 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/105.pdf http:// www.modelaircr ft.org/files/540-D.pdf http:// www.modelaircraft.org/files/560.pdf