TBS T. BAKER SMITH, LL(- 

SOLUTIONS S T A R T H E R E 

Post OHice Box 2266 Hounia, LA 70361 

412 South Van Avenue Houma, LA 70363 

985.868.1050 (P) 1.866.357.1050 (TF) 

www.tbsmith.com 985.868.5843 (F) 

May 13, 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 Reforni Act and Part 11 of the Federal 

Aviation Reaulations 

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, T Baker Smith, LLC. ("T Baker Smith"), a professional services firm offering 

Planning, Environmental Sciences, Engineering and Survey services, and an operator of the eBee 

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

("FARs") listed below: 

• 14 C.F.R. Part 21 

• 14 C.F.R. 45.23 

• 14 C.F.R. 45.29 

• 14 C.F.R. 61.23 

• 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 

• 14 C.F.R. 91.109(a) 

• 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 

• 14 CFR Subpart E(91.401 - 91.417) 

The following appendices are included in this document for reference purposes. T Baker Smith 

requests that the FAA treat these documents as proprietary under 14 C.F.R. 11.35(b) and not 

include these appendices in the public docket: 

Appendix A: SenseFly - eBee User Manual V 16 

Appendix B: SenseFly - eBee Technical specifications 

Appendix C: SenseFly— eBee Ag Technical specifications 

The requested exemption would authorize commercial operations using the eBee and/or eBee Ag for 

mapping and survey applications. Operation of the eBee and eBee Ag are identical and will be 

refei7ed only as "eBee". These operations will be subject to strict operating requirements defined in 

the eBee user manual (T Baker Smith requests the FAA treat the eBee training program as 

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TBS T. BAKER SMITH, ~ « 4; 2° ~;n v nxA enue HoumaLLA 90363 

S O L U T I O N S S T A R T H E R E 

985.868.1050 (P) 1.866.357.1050 (TF) 

www.tbsmith.com 985.868.5843 (F) 

proprietary under 14 C.F.R. 11.35(b) and 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 name and address of the applicant is: 

T Baker Smith, LLC 

Attention: Eric Deroche 

PO Box 2266 

Houma, LA 70361 

412 South Van Ave 

Houma, LA 70363 

Telephone: (985) 868-1050 

Email: eric.deroche&tbsmith.com 

The eBee will be operated by an individual who fulfills the following requirements: 

Has successfully passed a manufacturer's training program for the eBee; T Baker Smith 

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. 

Has a minimum of a sport pilot certificate or greater 

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 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 (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 teclulology makes it silent and reliable. The 

propeller is attached witli 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 

Urban Planning ' Environmental Science & Regulalory Compliance I Land, Hydrographic, & Offshore Surveying I Civil & Coastal Engirieering I GIS & Mapping 
B T. BAKER SMITH,11C 

SOLUTIONS S T A R T H E R E 

Post Office Box 2266 Houma, LA 70361 

412 South Van Avenue Houma, LA 70363 

985.668.1050 (P) 1.866.3571050 (TF) 

www.tbsmith.com 985.868.5843 (F) 

d. Option for Manual control 

Additionally, the eBee provides an oveiTide 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 

T Baker Smith, a professional planning, environmental, engineering, and surveying firm, has 

recently purchased the SenseFly eBee and respectively requests exemption to operate the eBee for 

aerial surveying. T Baker Smith intends to safely, efficiently, and economically perfoim aerial 

acquisition and research over the State of Louisiana, Mississippi, and Texas in support of the, 

Louisiana CPRA (Coastal Protection and Restoration Authority), Local Levee districts, private 

entities, agriculture, scientific studies, wildlife monitoring, and forestry, while also furthering the 

development of the state economies related to the oil and gas industries. 

3. APPLICABLE LEGAL STANDARD UNDER SECTION 333 

a. Airworthiness assessment of the eBee 

T Baker Smith notes that the airworthiness of the eBee has already been demonstrated for different 

projects in the United States, involving state/federal agencies or universities (ainong others the New 

Mexico State University: https://newscenter.nmsu.edu/Articles/view/10208/nmsu-uas- flingt-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 operate 

the eBee UAS. 

Moreover, SenseFly obtained flight approvals for the eBee (delivered by national civil aviation 

autllorities) 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) 

• Demnark (flight approval for VLOS operations) 

Urban Planning I Environmental Science & Regulalory Compliance I Land, Hydrographic, & Olfshore Surveying I Civil & Coastal Engineering I GIS & Mapping 
TBS T. BAKER SMITH, LLC 

SOLUTIONS S T A R T H E R E 

Post Office Box 2266 Houma, LA 70361 

412 South Van Avenue Houma, LA 70363 

985.868.1050 (P) 1.866.3571050 (TF) 

www.tbsmith.com 985.868.5843 (F) 

b. Operating requirements 

Grant of the exemption to T Baker Smith 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 fi•om 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 mamied 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 of 0.5 miles; 

• Flight ceiling pre-programed at 400 feet above ground level (AGL); 

• 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 aitport; 

• All operations shall comply with required peimissions and permits established by 

territorial state, county or city jurisdictions; including local law enforcement, fire, or 

other appropriate goveriunental 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 a minimum of a sport pilot certificate or greater. 

Urban Planning I Environmontal Science & Regulatory Compliance I Land, Hydrographic, & Offshore Surveying I Civil & Coastal Engineering I GIS & Mapping 
L

T. BAKER SMITH, LLC 

SOLUTIONS S T A R T H E R E 

Post Office Box 2266 Houma, LA 70361 

412 South Van Avenue Houma, LA 70363 

985.868.1050 (P) 1.866.3571050 (TF) 

www.tbsmith.com 985.868.5843 (F) 

3. CONCLUSION 

By moving surveying and mapping functions from a ground based human enteiprise to the aerial 

platform of the eBee, T Baker Smith will have the ability to collect an enormous amount of data in a 

fraction of the time that would be consumed in a ground based effoil. The flight mission can be 

preplanned maximizing the survey effort into minutes instead of days on even the smallest of 

projects. As the project size increases the savings to both T Baker Smith and the client will increase 

exponentially. Information collected by the eBee will change the entire decision making process 

and work flow. Instead of days to collect and process the ground based data T Baker Smith can 

collect eBee preliminary data and begin to provide intelligent data to our clients at a near real time 

rate of information exchange. Improving data collection by moving to the eBee as the survey 

platform allows our Engineers, Environmental Scientist, and Clients to stand with our operator and 

begin the process of analysis at the very moment the data is collected. 

The cost to purchase and maintain the SenseFly eBee is nominal in comparison to that of a 

traditional manned aircraft. A major advantage of the low operational expenses is that T Baker 

Smith can provide these aerial acquisition services at a much lower cost to the consumer while 

remaining competitive and profitable, thereby contributing to economic growth and stability at a 

local, state and federal level. 

Due to its unique, lightweight and compact design, the SenseFly eBee can be assembled and 

deployed in less than five (5) minutes after arriving onsite. It can perform its mission effectively and 

efficiently and literally land at your feet. The data from the mission can begin being processed 

immediately. All of these factors prove to be a huge benefit to the consumer, especially in the case 

of a natural disaster or emergency situatigrL--, 

Yours sincere 

K nneth William Smith, PE, PLS 

President & CEO 

T Baker Smith, LLC 

kenneth.smith@tbsmith.com 

Urban Planning I Environmental Science & Regulalory Conipliance ( Land, Hydrographic, & Offshore Surveying I Civil & Coaslal Engineering I GIS & Mapping 
LT1S T. BAKER SMITH Post Office Box 2266 Houma, LA 70361 

■ , LLC 412 South Van Avenue Houma, LA 70363 

S O L U T 1 O N S S T A R T H E R E 

985.868.1050 (P) 1.866.357.1050 (TF) 

www.tbsmith.com 985.868.5843 (F) 

ANNEX A: EXEMPTION REQUEST AND EQUIVALENT LEVEL OF SAFETY SHOWINGS 

UNDER APPLICABLE RULES SUBJECT TO EXEMPTION 

T Baker Smith 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)(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 Refoi-rn 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. T Baker Smith 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 matcli. 

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 exeinption 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: 

Urban Planning I Environmental Science & Regulatory Compliance ( Land, Hydrographic. & OHshore Surveying I Civil & Coastal Engineering I GIS & Mapping 
LT1S 

T. BAKER SMITH, « ~ 412t 3 fu'th VnxAvenue Houma` A790363 

S O L U T I O N S S T A R T H E R E 

985.868.1050 (P) 1.866.3571050 (TF) 

www.tbsmith.com 985.868.5843 (F) 

New Mexico State University: https://newscenter.nmsu.edu/Articles/view/10208/nmsu-uasfli ght-test-center-conducts-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 levee 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. T Baker Smith assumes that the intent of this requirement is to ensure that 

flight manual information is available to the aircrew while operating the aircraft. T Baker Smith 

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. § 91.109(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 functioiiing dual controls." 

Flight instruction will be accomplished through an elaborated training program, using first the 

simulation mode of the fliglit management software eMotion as set forth in Exhibit 2. The equivalent 

level of safety during the training will be achieved by the manufacturer providing the training as 

outlined in Exhibit 2 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 pei7nission 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 

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TBS T. BAKER SMITH, t_LC 7 SOLUTIONS S T A R T H E R E 

Post Office Box 2266 Houma, LA 70361 

412 South Van Avenue Houma, LA 70363 

985.868.1050 (P) 1.866.3571050 (TF) 

www.ibsmith.com 985.868.5843 (F) 

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 

assenibly 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 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)(1)(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, T Baker Smith 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. 

Urban Planning I Environmenlal Science & Regulatory Compliance I Land, Hydrographic, & Offshore Surveying I Civil & Coastal Erigineering I GIS & Mapping 
'rBS T. BAKER SMITH, Post Of(ice Box 2266 Houma, LA 70361 

■ LLC 412 South Van Avenue Houma, LA 70363 

S O L U T 1 O N S S T A R T H E R E 

985.868.1050 (P) 1.866.357.1050 (TF) 

www.tbsniith.com 985.868.5843 (F) 

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, T Baker Smith propose 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 91.417(a) requires the owner or operator to keep records 

showing certain maintenance work that has been accomplished by certificated meclhanics, under Part 

43, or licensed pilots and records of approval of the aircraft for return to service. 

T Baker Smith proposes that the maintenance of the eBee will be accomplished by the 

owner/operator according to the maintenance manual, provided by SenseFly. T Baker Smith 

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 ait•worthy 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 displayed on the main screen of eMotion. 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 a mission is initiated. 

ANNEX B: ACADEMY OF MODEL AERONAUTICS SAFETY REQUIREMENTS 

http://www.modelaircraft.or files/105.pdf 

http://www.modelaircraft.org/files/540-D.pdf 

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

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CT.BS T. BAKER SMITH, LLC 

SOLUT1ONS START HERE 

Post Office Box 2266 Hounia, LA 70361 

412 South Van Avenue Hounia, LA 70363 

985.868.1050 (P) 1.866.357.1050 (TF) 

www.tbsniith.com 985.868.5843 (F) 

Appendix A 

SenseFly - eBee User Manual V16 

"Confidential (A thru C will be mailed)" 

Urban Planning I Environmenlal Science & Regulalory Compliance I Land, Hydrographic, & Offshore Su veying I Civil & Coastal Engineering I GIS & Mapping 
Post Office Box 2266 Hounia, LA 70361 TBS T. BAKER SMITH, LLC 412 South Van Avenue Houma. LA 70363 

SOLUTIONS START HERE 

985.868.1050 (P) 1.866.357.1050 (TF) 

www.tbsniith.com 985.868.5843 (F) 

Appendix B 

SenseFly - eBee Technical specifications 

"Confidential (A thru C will be mailed)" 

Urban Planning I Environmental Science & Regulalory Compliance I Land, Hydrographic, & Offshore Surveying I Civil & Coastal Engineering I GIS & Mapping 
TBS T. BAKER SMITH, LLC 

.)) 

SOLUTIONS START HERE 

Post Office Box 2266 Hounia, LA 70361 

412 Soutti Vari Avenue Houma, LA 70363 

985.868.1050 (P) 1.866.357.1050 (TF) 

www.tbsniith.coni 985.868.5843 (F) 

Appendix C 

SenseFly — eBee Ag Technical specifications 

"Confidential (A tliru C will be niailed)" 

Urban Planning I Environmenlal Science & Regulatory Conipliance I Land, Hydrographic, & Offshore Surveying I Civil & Coastal Engineering I GIS & Mapping