June 5, 2015

Exemption No. 11764

Regulatory Docket No. FAA–2015–0974

Mr. Mark S. Mattox

President

EMC, Inc.

2472 Sunset Drive

Grenada, MS 38901

Dear Mr. Mattox:

This letter is to inform you that we have granted your request for exemption. It transmits our 

decision, explains its basis, and gives you the conditions and limitations of the exemption, 

including the date it ends.

By letter dated April 8, 2015, you petitioned the Federal Aviation Administration (FAA) on 

behalf of EMC, Inc. (hereinafter petitioner or operator) for an exemption. The petitioner

requested to operate an unmanned aircraft system (UAS) to conduct precision aerial mapping 

and survey applications.

See Appendix A for the petition submitted to the FAA describing the proposed operations and 

the regulations that the petitioner seeks an exemption.

The FAA has determined that good cause exists for not publishing a summary of the petition 

in the Federal Register because the requested exemption would not set a precedent, and any 

delay in acting on this petition would be detrimental to the petitioner.

Airworthiness Certification

The UAS proposed by the petitioner is a SenseFly eBee.

The petitioner requested relief from 14 CFR part 21, Certification procedures for products 

and parts, Subpart H—Airworthiness Certificates. In accordance with the statutory criteria 

provided in Section 333 of Public Law 112−95 in reference to 49 U.S.C. § 44704, and in 
2

consideration of the size, weight, speed, and limited operating area associated with the 

aircraft and its operation, the Secretary of Transportation has determined that this aircraft 

meets the conditions of Section 333. Therefore, the FAA finds that the requested relief from 

14 CFR part 21, Certification procedures for products and parts, Subpart H—Airworthiness 

Certificates, and any associated noise certification and testing requirements of part 36, is 

not necessary.

The Basis for Our Decision

You have requested to use a UAS for aerial data collection1. The FAA has issued grants of 

exemption in circumstances similar in all material respects to those presented in your petition. 

In Grants of Exemption Nos. 11062 to Astraeus Aerial (see Docket No. FAA−2014−0352), 

11109 to Clayco, Inc. (see Docket No. FAA−2014−0507), 11112 to VDOS Global, LLC (see

Docket No. FAA−2014−0382), and 11213 to Aeryon Labs, Inc. (see Docket No. 

FAA−2014−0642), the FAA found that the enhanced safety achieved using an unmanned 

aircraft (UA) with the specifications described by the petitioner and carrying no passengers or 

crew, rather than a manned aircraft of significantly greater proportions, carrying crew in 

addition to flammable fuel, gives the FAA good cause to find that the UAS operation enabled 

by this exemption is in the public interest.

Having reviewed your reasons for requesting an exemption, I find that—

 They are similar in all material respects to relief previously requested in Grant of 

Exemption Nos. 11062, 11109, 11112, and 11213;

 The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and 

11213 also apply to the situation you present; and 

 A grant of exemption is in the public interest.

Our Decision

In consideration of the foregoing, I find that a grant of exemption is in the public interest. 

Therefore, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701, 

delegated to me by the Administrator, EMC, Inc. is granted an exemption from 14 CFR 

§§ 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a), 61.315(a), 91.7(a), 91.119(c), 91.121, 

91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b), to the 

extent necessary to allow the petitioner to operate a UAS to perform aerial data collection. 

This exemption is subject to the conditions and limitations listed below.

 

1 Aerial data collection includes any remote sensing and measuring by an instrument(s) aboard the UA. 

Examples include imagery (photography, video, infrared, etc.), electronic measurement (precision surveying, RF 

analysis, etc.), chemical measurement (particulate measurement, etc.), or any other gathering of data by 

instruments aboard the UA.
3

Conditions and Limitations

In this grant of exemption, EMC, Inc. is hereafter referred to as the operator.

Failure to comply with any of the conditions and limitations of this grant of exemption will be 

grounds for the immediate suspension or rescission of this exemption.

1. Operations authorized by this grant of exemption are limited to the SenseFly eBee

when weighing less than 55 pounds including payload. Proposed operations of any 

other aircraft will require a new petition or a petition to amend this exemption.

2. Operations for the purpose of closed-set motion picture and television filming are 

not permitted. 

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The 

exemption holder may use either groundspeed or calibrated airspeed to determine 

compliance with the 87 knot speed restriction. In no case will the UA be operated at 

airspeeds greater than the maximum UA operating airspeed recommended by the 

aircraft manufacturer.

4. The UA must be operated at an altitude of no more than 400 feet above ground level 

(AGL). Altitude must be reported in feet AGL.

5. The UA must be operated within visual line of sight (VLOS) of the PIC at all times. 

This requires the PIC to be able to use human vision unaided by any device other than 

corrective lenses, as specified on the PIC’s FAA-issued airman medical certificate or 

U.S. driver’s license.

6. All operations must utilize a visual observer (VO). The UA must be operated within 

the visual line of sight (VLOS) of the PIC and VO at all times. The VO may be used 

to satisfy the VLOS requirement as long as the PIC always maintains VLOS 

capability. The VO and PIC must be able to communicate verbally at all times; 

electronic messaging or texting is not permitted during flight operations. The PIC

must be designated before the flight and cannot transfer his or her designation for the 

duration of the flight. The PIC must ensure that the VO can perform the duties 

required of the VO.

7. This exemption and all documents needed to operate the UAS and conduct its 

operations in accordance with the conditions and limitations stated in this grant of 

exemption, are hereinafter referred to as the operating documents. The operating 

documents must be accessible during UAS operations and made available to the 

Administrator upon request. If a discrepancy exists between the conditions and 

limitations in this exemption and the procedures outlined in the operating documents, 

the conditions and limitations herein take precedence and must be followed. 
4

Otherwise, the operator must follow the procedures as outlined in its operating 

documents. The operator may update or revise its operating documents. It is the 

operator’s responsibility to track such revisions and present updated and revised 

documents to the Administrator or any law enforcement official upon request. The 

operator must also present updated and revised documents if it petitions for extension 

or amendment to this grant of exemption. If the operator determines that any update 

or revision would affect the basis upon which the FAA granted this exemption, then 

the operator must petition for an amendment to its grant of exemption. The FAA’s 

UAS Integration Office (AFS−80) may be contacted if questions arise regarding 

updates or revisions to the operating documents.

8. Any UAS that has undergone maintenance or alterations that affect the UAS operation 

or flight characteristics, e.g., replacement of a flight critical component, must undergo 

a functional test flight prior to conducting further operations under this exemption. 

Functional test flights may only be conducted by a PIC with a VO and must remain at 

least 500 feet from other people. The functional test flight must be conducted in such 

a manner so as to not pose an undue hazard to persons and property.

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is 

in a condition for safe operation.

10. Prior to each flight, the PIC must conduct a pre-flight inspection and determine the 

UAS is in a condition for safe flight. The pre-flight inspection must account for all 

potential discrepancies, e.g., inoperable components, items, or equipment. If the 

inspection reveals a condition that affects the safe operation of the UAS, the aircraft is 

prohibited from operating until the necessary maintenance has been performed and the 

UAS is found to be in a condition for safe flight.

11. The operator must follow the UAS manufacturer’s maintenance, overhaul, 

replacement, inspection, and life limit requirements for the aircraft and 

aircraft components.

12. Each UAS operated under this exemption must comply with all manufacturer 

safety bulletins.

13. Under this grant of exemption, a PIC must hold either an airline transport, 

commercial, private, recreational, or sport pilot certificate. The PIC must also hold a 

current FAA airman medical certificate or a valid U.S. driver’s license issued by a 

state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal 

government. The PIC must also meet the flight review requirements specified in 

14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.

14. The operator may not permit any PIC to operate unless the PIC demonstrates the 

ability to safely operate the UAS in a manner consistent with how the UAS will be 
5

operated under this exemption, including evasive and emergency maneuvers and 

maintaining appropriate distances from persons, vessels, vehicles and structures. PIC 

qualification flight hours and currency must be logged in a manner consistent with 

14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs 

(training, proficiency, and experience-building) and determining the PIC’s ability to 

safely operate the UAS in a manner consistent with how the UAS will be operated 

under this exemption are permitted under the terms of this exemption. However, 

training operations may only be conducted during dedicated training sessions. During 

training, proficiency, and experience-building flights, all persons not essential for 

flight operations are considered nonparticipants, and the PIC must operate the UA 

with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119.

15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All 

operations must be conducted under visual meteorological conditions (VMC). Flights 

under special visual flight rules (SVFR) are not authorized.

16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as 

denoted in the current FAA Airport/Facility Directory (AFD) or for airports not 

denoted with an ARP, the center of the airport symbol as denoted on the current 

FAA-published aeronautical chart, unless a letter of agreement with that airport’s 

management is obtained or otherwise permitted by a COA issued to the exemption 

holder. The letter of agreement with the airport management must be made available 

to the Administrator or any law enforcement official upon request.

17. The UA may not be operated less than 500 feet below or less than 2,000 feet 

horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.

18. If the UAS loses communications or loses its GPS signal, the UA must return to a 

pre-determined location within the private or controlled-access property.

19. The PIC must abort the flight in the event of unpredicted obstacles or emergencies.

20. The PIC is prohibited from beginning a flight unless (considering wind and forecast 

weather conditions) there is enough available power for the UA to conduct the 

intended operation and to operate after that for at least five minutes or with the reserve 

power recommended by the manufacturer if greater.

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All 

operations shall be conducted in accordance with an ATO-issued COA. The 

exemption holder may apply for a new or amended COA if it intends to conduct 

operations that cannot be conducted under the terms of the attached COA.

22. All aircraft operated in accordance with this exemption must be identified by serial 

number, registered in accordance with 14 CFR part 47, and have identification 
6

(N−Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must 

be as large as practicable.

23. Documents used by the operator to ensure the safe operation and flight of the UAS and 

any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the 

PIC at the Ground Control Station of the UAS any time the aircraft is operating. 

These documents must be made available to the Administrator or any law enforcement 

official upon request.

24. The UA must remain clear and give way to all manned aviation operations and 

activities at all times. 

25. The UAS may not be operated by the PIC from any moving device or vehicle. 

26. All Flight operations must be conducted at least 500 feet from all nonparticipating 

persons, vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons 

from the UA and/or debris in the event of an accident. The operator must ensure 

that nonparticipating persons remain under such protection. If a situation arises 

where nonparticipating persons leave such protection and are within 500 feet of 

the UA, flight operations must cease immediately in a manner ensuring the safety 

of nonparticipating persons; and

b. The owner/controller of any vessels, vehicles or structures has granted permission 

for operating closer to those objects and the PIC has made a safety assessment of 

the risk of operating closer to those objects and determined that it does not 

present an undue hazard.

The PIC, VO, operator trainees or essential persons are not considered 

nonparticipating persons under this exemption.

27. All operations shall be conducted over private or controlled-access property with 

permission from the property owner/controller or authorized representative. 

Permission from property owner/controller or authorized representative will be 

obtained for each flight to be conducted.

28. Any incident, accident, or flight operation that transgresses the lateral or vertical 

boundaries of the operational area as defined by the applicable COA must be reported 

to the FAA's UAS Integration Office (AFS−80) within 24 hours. Accidents must be 

reported to the National Transportation Safety Board (NTSB) per instructions 

contained on the NTSB Web site: www.ntsb.gov.

If this exemption permits operations for the purpose of closed-set motion picture and 

television filming and production, the following additional conditions and limitations apply.
7

29. The operator must have a motion picture and television operations manual (MPTOM) 

as documented in this grant of exemption.

30. At least 3 days before aerial filming, the operator of the UAS affected by this 

exemption must submit a written Plan of Activities to the local Flight Standards 

District Office (FSDO) with jurisdiction over the area of proposed filming. The 3-day 

notification may be waived with the concurrence of the FSDO. The plan of activities 

must include at least the following:

a. Dates and times for all flights;

b. Name and phone number of the operator for the UAS aerial filming conducted 

under this grant of exemption;

c. Name and phone number of the person responsible for the on-scene operation of 

the UAS;

d. Make, model, and serial or N−Number of UAS to be used;

e. Name and certificate number of UAS PICs involved in the aerial filming;

f. A statement that the operator has obtained permission from property owners 

and/or local officials to conduct the filming production event; the list of those 

who gave permission must be made available to the inspector upon request;

g. Signature of exemption holder or representative; and

h. A description of the flight activity, including maps or diagrams of any area, city, 

town, county, and/or state over which filming will be conducted and the altitudes 

essential to accomplish the operation.

31. Flight operations may be conducted closer than 500 feet from participating persons 

consenting to be involved and necessary for the filming production, as specified in the 

exemption holder’s MPTOM.

Unless otherwise specified in this grant of exemption, the UAS, the UAS PIC, and the UAS 

operations must comply with all applicable parts of 14 CFR including, but not limited to, 

parts 45, 47, 61, and 91.
8

This exemption terminates on June 30, 2017, unless sooner superseded or rescinded.

Sincerely,

John S. Duncan

Director, Flight Standards Service

Enclosures
9

Project Officer: _______________

MR MARK S MATTOX

PRESIDENT

EMC INC

2472 SUNSET DRIVE

GRENADA MS 38901
Exemption Request

Under Section 333 of the FAA Reform 

Act & Part 11 of the Federal Aviation 

Regulations

April 2015

Prepared for:

U.S. Department of Transportation, Docket Operations 

West Building Ground Floor, Room W12-140

1200 New Jersey Ave., SE 

Washington, DC 20590

Prepared by:

EMC, Inc. (EMC)

2472 Sunset Drive,

Grenada, MS 38901

(662) 226-5166

Mark Mattox

mattox@emcsurvey.com

* Documents were submitted confidentially for proprietary reasons & 

will not be available to the public
Boundary | Topographic | Hydrographic | Geophysical | Laser Scanning | Mobile LiDAR | GPS Data Development 

1 | Page

EMC, Inc. 

2472 Sunset Drive 

Grenada, MS 38901 

Telephone: 662.226.5166 

Fax: 662.226.5170

Table of Contents 

Petition Summary...........................................................................................................2 

Characteristics of the eBee............................................................................................4 

Applications....................................................................................................................4 

Applicable Legal Standard under Section 333......................................................5 

Basis for Petition...........................................................................................................6 

Annex A – Exemption Request..........................................................................7 

Annex B – AMA’s Safety Requirements............................................................11 

SenseFly - eBee User Manual*......................................................................Appendix A 

SenseFly - eBee Maintenance Procedures*...................................................Appendix B 

SenseFly - eBee Training Documentation*....................................................Appendix C 

SenseFly - eBee Justification of Airworthiness and Safety Assessment*......Appendix D 

* Documents were submitted confidentially for proprietary reasons and will not be available to

the public 
Boundary | Topographic | Hydrographic | Geophysical | Laser Scanning | Mobile LiDAR | GPS Data Development 

2 | Page

EMC, Inc. 

2472 Sunset Drive 

Grenada, MS 38901 

Telephone: 662.226.5166 

Fax: 662.226.5170

April 8, 2015 

U.S. Department of Transportation, Docket Operations 

West Building Ground Floor, Room W12-140 

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 or Sir, 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”) and 14 C.F.R. 

Part 11, EMC, Inc. (“EMC”), a small business located in Grenada, Mississippi, seeks an exemption for the 

eBee Unmanned Aircraft System manufactured by SenseFly SA of Switzerland (“eBee”) from the Federal 

Aviation Regulations (“FARs”) listed below: 

 

 14C.F.R. 21 

 14C.F.R. 45.23 

 14C.F.R. 45.29 

 14C.F.R. 61.133(a) 

 14C.F.R. 91.7(b) 

 14C.F.R. 91.9(b)(2) 

 14C.F.R. 91.109(a) 

 14C.F.R. 91.119 

 14 C.F.R. 91.121 

 14C.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 unmanned aircraft operations for the purpose of precision aerial 

surveys using the eBee for applications by EMC. These operations will be subject to strict operating 

requirements 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. 

Over the last 30 years, EMC performed thousands of land and hydrographic surveys for federal, state and local 

government entities, as well as various private and public companies in over forty-five (45) states. EMC is a 

multi-disciplined surveying company offering turn-key solutions for both routine and complex surveying 

challenges serving clients in multiple industries, including, but not limited to transportation (highways, railroad, 

ports, harbors and waterways), construction, telecommunication, oil and gas, power suppliers, and the state 

and federal governments. The requested exemption would authorize commercial operations using the eBee for 

the efficient production of precision, valuable, high-resolution, still photos; which would be of significant value 

with the accurate data in providing precision mapping and survey applications. 
Boundary | Topographic | Hydrographic | Geophysical | Laser Scanning | Mobile LiDAR | GPS Data Development 

3 | Page

EMC, Inc. 

2472 Sunset Drive 

Grenada, MS 38901 

Telephone: 662.226.5166 

Fax: 662.226.5170

The electric-powered, unmanned aspect of aerial technology of the eBee provides a much safer solution to 

aerial surveying in that: 

a. The flight crews’ lives will not be put at risk of an accident. 

b. The low and slow flight of an extremely light weight product with safety measures programmed into the 

eBee’s operating system drastically reduces the chance of the general public being harmed. 

c. Since the eBee is electric-powered, there is absolutely none of the risks associated with fuel igniting. 

d. The eBee will eliminate the possibility of injuries of EMC’s surveyor crew that would require accessing 

hard to reach areas and maneuvering on terrain that poses potential safety hazards. 

The following appendices are included in this document for reference purposes. EMC 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 Ver.15 

Appendix B: SenseFly - eBee Maintenance Procedures 

Appendix C: SenseFly - eBee Training Documentation 

Appendix D: SenseFly – eBee Justification of Airworthiness and Safety Assessment 

These operations will be subject to strict operating requirements defined in the eBee user manual (EMC 

requests the FAA treat the eBee training program as proprietary under 14 CFR 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. 

Given the technical specifications of the very light weight, eBee, and the type of operations; EMC believes it is 

relevant to use the Academy of Model Aeronautics (AMA) rules and guidelines to meet the required level of 

safety of future operations with the eBee. (See Annex B) Indeed, the AMA has a proven track record in 

supervising operations conducted by operators using remote controlled aircrafts and provides the most 

relevant expertise in terms of providing safety guidelines for operators using ultra-light remote controlled 

aircrafts. 

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

 The pilot in charge, (“PIC”), will maintain a current private pilot’s license, a current driver’s license 

issued by the state and a valid third-class airman medical certificate 

 The PIC will be accompanied by a safety/visual observer, (“VO”), as he compliments the PIC’s 

capabilities to see and avoid other aircraft (per 91.113) and provides an additional level of operational 

safety; and thus the UA must never be operated beyond the actual visual capabilities 

 The VO’s responsibilities will be as follows: 

 initially launch the vehicle before turning it over to the PIC 

 monitor the authorized airspace to identify errant aircraft or unsafe conditions that might exist 

during the flight 

 maintain constant verbal communication with the PIC to alert him to changing conditions 

 in the event of an emergency, calling the appropriate agency overseeing the airspace 

EMC takes pride in providing a safe working environment for our employees, crew members and the general 

public at all times. We currently have excellent safety procedures in place, as well as an outstanding safety 

director within our company. 
Boundary | Topographic | Hydrographic | Geophysical | Laser Scanning | Mobile LiDAR | GPS Data Development 

4 | Page

EMC, Inc. 

2472 Sunset Drive 

Grenada, MS 38901 

Telephone: 662.226.5166 

Fax: 662.226.5170

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. (See Appendix A) 

The four main characteristics of the eBee are: 

1. 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. The limited weight and construction materials used, reduce the potential for harm to person(s) or 

damage to property in the event of an incident or accident. 

2. 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. The unmanned aircraft (UA) carries no fuel and therefore the risk of fire following an incident or 

accident due to fuel spillage is eliminated. 

3. 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. The pilot and crew will be remotely located from the aircraft. The risk to an 

onboard pilot and crew during an incident or accident is eliminated with the use of a UAS for the proposed 

operation. 

4. 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. The eBee has the capability to perform an emergency landing 

and land safely after experiencing certain in-flight contingencies or failures with undue hazard to persons or 

property on the surface if the power unit should fail. The eBee is also capable of responding to a loss of global 

positioning system(GPS) or a lost-link event with pre-coordinated automated landing maneuvers. These safety 

features provide an equivalent level of safety compared to a manned aircraft holding a restricted airworthiness 

certificate performing a similar operation. 

All maintenance and upkeep required to ensure the safe operation of the eBee will be based upon completion 

of appropriate inspections(s) such as pre-flight. 

2. APPLICATIONS

EMC has purchased the SenseFly eBee and respectively requests exemption to operate the eBee for precision 

aerial surveying using the onboard camera. The value that the eBee could bring to the surveying and 

mapping industry is invaluable. EMC intends to perform aerial acquisition and research nationwide to meet the 

surveying and mapping demands of our clients in a more timely, accurately, efficient and most importantly, 

safer manner. In support of our state and federal government agencies with an excellent, work history with 
Boundary | Topographic | Hydrographic | Geophysical | Laser Scanning | Mobile LiDAR | GPS Data Development 

5 | Page

EMC, Inc. 

2472 Sunset Drive 

Grenada, MS 38901 

Telephone: 662.226.5166 

Fax: 662.226.5170

the U. S. Army Corps of Engineers, the capabilities and time saved using the eBee are much more feasible 

when compared to the limited access to areas that arise from time to time. With the safety of our nation’s 

citizens in mind, and in the event of a natural disaster, such as Hurricane Katrina and the limited to access to 

areas for an extended period of time, the eBee could literally save lives by allowing it to take to the skies to 

quickly and safely meet the area’s immediate/urgent surveying needs. 

3. APPLICABLE LEGAL STANDARD UNDER SECTION 333

a. Airworthiness assessment of the eBee (See Appendix D) 

EMC 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-conducts-ebee-airworthinessassessment, and the USACE District, 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: 

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 EMC 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 or densely populated areas will be avoided and stand-off distances 

imposed of at least 500’ from all nonparticipating persons, vessels, vehicles and structures, unless: 

 barriers or structures are present that would sufficiently protect non-participating persons in the 

event of an accident; and/or 

 the owner/controller of such structures has granted permission and the PIC has made a safety 

assessment of the risk of operating closer to those objects and determined that it does not 

present an undue hazard; and 

 Operations, nearer to the PIC, VO, operator trainees or essential persons, do not present an 

undue hazard to those persons. 

 Operations must not interfere with manned aircraft operations, must remain a safe distance from, yield 

the right of way to manned aircraft, and operators must “sense and avoid capability” regarding other 

airborne aircraft and obstacles at all times 

 Operations will be 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 

Boundary | Topographic | Hydrographic | Geophysical | Laser Scanning | Mobile LiDAR | GPS Data Development 

7 | Page

EMC, Inc. 

2472 Sunset Drive 

Grenada, MS 38901 

Telephone: 662.226.5166 

Fax: 662.226.5170

ANNEX A: EXEMPTION REQUEST AND EQUIVALENT LEVEL OF SAFETY SHOWINGS UNDER 

APPLICABLE RULES SUBJECT TO EXEMPTION 

EMC requests an exemption from the following regulations, as well as any additional regulations that may 

technically apply to the operation of the eBee: 

14 CFR 21 –CERTIFICATION PROCEDURES FOR PRODUCTS AND PART Subpart H – Airworthiness 

Certificates (Appendix D) 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. EMC requests the FAA treat the eBee risk 

assessment as proprietary under 14 CFR 11.35(b) and not include this document in the public docket. 

14 CFR 45.23 Display of marks and 45.29 Size of Marks

Under these regulations an aircraft must display the Roman capital letter "N" and the aircraft's registration 

number in letters at least 3 inches high. Additionally, an aircraft must display the word "EXPERIMENTAL" in 

letters at least 2 inches high near the entrance to the cabin, cockpit, or pilot station. 

Due to the size of our eBee having a wing-span of 96 cm (37.8 in.) and a wing-area of 0.25m2

 (387.50 in2), this 

requirement is impossible to achieve. Furthermore, our eBee does not have an entrance in which the word 

"Experimental" could be placed, and we may not be provided an FAA registration number for our eBee. To 

achieve an equivalent level of safety, EMC proposes setting a ground station where all of the aircraft's 

registrations (if applicable) and manuals will be centralized in the eBee’s storage/carrying case which will be 

with the operator at all times when in use. Since our eBee will operate in Visual Line of Sight (VLOS), this 

station will be visible to anyone that observes the aircraft and chooses to investigate its point of origin. 

14 CFR 61.113 Private Pilot Privileges and limitations: Pilot In Command (PIC)

Under these current regulations, civil operation for compensation or hire required a PIC holding a commercial 

pilot certificate per 14 CFR 61. Based on the private pilot limitations in accordance with pertinent parts 14 CFR 

61.113 (a) and (b), a pilot holding a private certificate cannot act as a PIC of an aircraft for compensation or 

hire, unless the flight is only incidental to a business or employment. 

Given the safety features of the eBee, and the fact that the missions are pre-programmed and monitored in 

real-time with the flight management software, EMC proposes that the PIC hold a private pilot certificate and a 

third-class airman medical certificate. The PIC will obtain the necessary airmanship skills to operate the eBee 

via training program(s). This will enable the PIC to safely operate the eBee in all conditions including evasive 

and emergency maneuvers, and maintaining appropriate distances from structures, vehicles, person, etc. 
Boundary | Topographic | Hydrographic | Geophysical | Laser Scanning | Mobile LiDAR | GPS Data Development 

8 | Page

EMC, Inc. 

2472 Sunset Drive 

Grenada, MS 38901 

Telephone: 662.226.5166 

Fax: 662.226.5170

14 CFR 91.7 Civil aircraft airworthiness (See Appendix D)

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 previous airworthiness assessments given to the eBee, among others: New Mexico State University: 

https://newscenter.nmsu.edu/Articles/view/10208/nmsu-uas-flight-test-center-conducts-ebee-airworthinessassessment 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 for levee system monitoring, 

documentation of construction progress, and extensive oblique photography of USACE structures & activities 

In addition, EMC will strictly follow all of the guidelines for all pre-flight inspections, safety precautions and 

product maintenance procedures, as stated in Appendix A and Appendix B, which will include a method for 

determining the airworthiness of the aircraft; and therefore request relief from 14 CFR 91.7(a). Our PIC will be 

responsible for and capable of determining whether the aircraft is in a condition for safe flight; so we are not 

requesting relief from 14 CFR 91.7(b). 

14 CFR 91.9 (b)(2): 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. EMC assumes that the intent of this requirement is to ensure that flight manual information is 

available to the aircrew while operating the aircraft. EMC 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’s 

storage/transportation case. This case will be located at the proposed ground station in the PIC’s possession 

during the operation of the eBee. 

 

14 CFR 91.109(a) and 14 CFR 91.319(a)(1) - Flight instruction; Simulated instrument flight and certain 

flight tests.

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 

of the flight 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. (See Appendix C) 

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. 

To acquire an equivalent level of safety, we 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 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 or 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. 
Boundary | Topographic | Hydrographic | Geophysical | Laser Scanning | Mobile LiDAR | GPS Data Development 

9 | Page

EMC, Inc. 

2472 Sunset Drive 

Grenada, MS 38901 

Telephone: 662.226.5166 

Fax: 662.226.5170

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. Given the limited altitude of the proposed missions, 

we feel that an equivalent level of safety is achieved; and we request relief from 91.121. 

14 CFR 91.151: 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. 

The eBee is a battery-operated aircraft with a maximum duration of flight from a single battery charge of 50 

minutes. Furthermore, the area of operation for the eBee will never fly over 1/2 nm from the point of intended 

landing. A full battery charge allows us to meet the reserve energy requirements. We also believe that an 

equivalent level of safety is already achieved with the specific procedure preventing the eBee to accept a 

“take-off” order if the battery level is below a given value. Additionally, the eBee has integrated “low” and 

“critical” battery-level warnings; and has implemented a “return to Home” and “Go Land” command actions, 

should these non-anticipated situations ever arise. 

14 CFR 91.203 (a) & (b) Civil aircraft: Certifications required

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, EMC 

propose that documents deemed appropriate for this aircraft by the FAA will be located with the operator at the 

proposed ground control station in the eBee’s carrying case and available for inspection upon request. 

14 CFR Subpart E (91.401 - 91.417) - Maintenance, Preventive Maintenance and Alterations (See 

Appendix B)

The eBee is not the type of equipment that would require a certified mechanic’s skills or knowledge. EMC 

proposes that the maintenance of the eBee be accomplished by the owner/operator according to the 

maintenance manual, provided by SenseFly. EMC 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 
Boundary | Topographic | Hydrographic | Geophysical | Laser Scanning | Mobile LiDAR | GPS Data Development 

10 | Page

EMC, Inc. 

2472 Sunset Drive 

Grenada, MS 38901 

Telephone: 662.226.5166 

Fax: 662.226.5170

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 

displayed on the main screen of eMotion. The operator can then refer to the maintenance manual to 

troubleshoot this issue. Most 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. 
Boundary | Topographic | Hydrographic | Geophysical | Laser Scanning | Mobile LiDAR | GPS Data Development 

11 | Page

EMC, Inc. 

2472 Sunset Drive 

Grenada, MS 38901 

Telephone: 662.226.5166 

Fax: 662.226.5170

ANNEX B: ACADEMY OF MODEL AERONAUTICS SAFETY REQUIREMENTS

Academy of Model Aeronautics National Model Aircraft Safety Code 

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

“See and Avoid” Guidance 

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

Radio Controlled Model Aircraft Operation Utilizing Failsafe, Stabilization and Autopilot Systems 

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

 
Boundary | Topographic | Hydrographic | Geophysical | Laser Scanning | Mobile LiDAR | GPS Data Development 

12 | Page

EMC, Inc. 

2472 Sunset Drive 

Grenada, MS 38901 

Telephone: 662.226.5166 

Fax: 662.226.5170

Appendix A 

SenseFly - eBee User Manual Rev.15 

Confidential (A thru D will be mailed) 

* Documents were submitted confidentially for proprietary reasons & will not be available to the public 
Boundary | Topographic | Hydrographic | Geophysical | Laser Scanning | Mobile LiDAR | GPS Data Development 

13 | Page

EMC, Inc. 

2472 Sunset Drive 

Grenada, MS 38901 

Telephone: 662.226.5166 

Fax: 662.226.5170

Appendix B 

SenseFly - eBee Maintenance Procedures 

Confidential (A thru D will be mailed) 

* Documents were submitted confidentially for proprietary reasons & will not be available to the public 
Boundary | Topographic | Hydrographic | Geophysical | Laser Scanning | Mobile LiDAR | GPS Data Development 

14 | Page

EMC, Inc. 

2472 Sunset Drive 

Grenada, MS 38901 

Telephone: 662.226.5166 

Fax: 662.226.5170

Appendix C 

SenseFly – eBee Training Documentation 

Confidential (A thru D will be mailed) 

* Documents were submitted confidentially for proprietary reasons & will not be available to the public 
Boundary | Topographic | Hydrographic | Geophysical | Laser Scanning | Mobile LiDAR | GPS Data Development 

15 | Page

EMC, Inc. 

2472 Sunset Drive 

Grenada, MS 38901 

Telephone: 662.226.5166 

Fax: 662.226.5170

Appendix D 

SenseFly – eBee Justification of Airworthiness and Safety Assessment 

Confidential (A thru D will be mailed) 

* Documents were submitted confidentially for proprietary reasons & will not be available to the public