**WILLIAM C.**  **BLACKWELL, P.E. 13800 COPPERMINE ROAD**  **HERNDON, VA. 20171 703**  **754 -** **8702**

January 6, 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 Reform Act and Part 11 of the Federal Aviation Regulations Dear Madam, Sir, Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”) and 14 C.F.R. Part 11, Blackwell Group
. (“William Channing Blackwell”), 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.R 45.29  14 C.F.R. 61.3  14 C.F.R. 61.113(a) & (b)  14 C.F.R. 91.121  14 C.F.R. 61.133(a)  14 C.F.R. 91.7(b)  14 C.F.R. 91.9(b)(2)  14 C.F.R. 91.109(a)  14 C.F.R. 91.119  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 a pplications. These operations will be subject to strict operating requirements defined in the eBee user manual (Blackwell Group requests the FAA treat the eBee training program as proprietary

under 14 C.F.R. 11.35(b) and does not include this document in the public docket) and conditions defined by

the Safety

C ode of the Academy of Model Aeronautics (see Annex B), in order to ensure at least an equivalent level of safety to currently

a uthorized operations using manned aircrafts.The eBee will be operated by an individual who fulfill the following requirements:

 Has successfully

p assed a manufacturer’s training program for the eBee and the written test of the Private Pilots License ; Blackwell Group requests the FAA treat the eBee training program as proprietary under 14 C.F.R. 11.35(b) and does not include this document in the public docket. **1. CHARACTERISTICS OF THE AIRCRAFT** The eBee is a small (37.8 inches wingspan) and ultra
-light (maximum take
- off weight of 1.7 pounds) platform made of flexible foam that performs pre-programmed precision aerial mapping missions thanks to the on-board GPS and the related flight management so ftware (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 us ed 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 shar p or hard edges and almost no internal strengthening structure. b. Electric
-powered The eBee is electric powered. A brushless engine technology makes it silent and reliable. The propeller is attached with a rubber band to the body of the plane so that it can easily flex away in case of contact with any

object. c. Semi
- automatic flight The artificial intelligence incorporated within the eBee autopilot system continuously analy zes data from the Inertial Measurement Unit and from the onboard GPS and take s care of all the aspects of the flight under the supervision of the operator. d. Option for Manual control Additionally, the eBee provides an override capability that allows the operator to take manual actions during the flight (Go to Home, Go Land, Hold a nd 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).**3. APPLICABLE LEGAL**  **STANDARD UNDER**  **SECTION 333** 

a. Airworthiness assessment of the eBee Blackwell Group notes that the airworthiness of the eBee has already b een 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
- airworthiness
-assessment, and the USACE New Orleans, who coordinated with the Department of Army and the FAA to obtain all authorizations required in order to operate the eBee UAS). Moreover, SenseFly

obtained flight approvals for the eBee (delivered by national civil aviation authorities) in many

countries, among others:

 Switzerland (flight approval for VLOS operations)  Canada (flight approval for VLOS operations)  Australia (flight approval for VLOS operations)  France (flight approval for Extended
-VLOS operations)  Germany

(flight approval for VLOS operations)  United Kingdom (flight approval for VLOS operations)  Norway

(flight approval for VLOS operations)  Sweden (flight approval for VLOS operations)  Denmark (flight approval for VLOS operations) b. Operating requirements Grant of the exemption to Blackwell Group for the eBee will be subject to the following operating conditions, based on the operating conditions set forth by the Academy

of Model Aeronautics (see Annex B). The main restrictions are summarized below:

 Operations to be conducted over private, controlled
- access, or public property where approved;  Permission from the land owner/authority required before commencing any flight;  Operations over congested areas shall be avoided;  Operations must not interfere with manned aircraft operations, must yield the right of way to manned aircraft, and operators must See & 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;  All operations conducted within 5 miles from an airport shall only be initiated after verbal coordination with the airport authority, or air traffic control when a control tower is present at the airport;  All operations shall comply with required permissions and permits established by territorial, state, county

or city jurisdictions; including local law enforcement, fire, or other appropriate governmental agencies.  The eBee operations will be compliant with existing safety procedures inherent to the activities of the related company
. c. Operator Requirements The eBee operator will have successfully completed the written test of the Private Pilot license**. CONCLUSION** 

Blackwell Group is a Geotechnical, Civil and Environmental Engineering Company and the use of the eBee’s technology

will make our work more profitable, efficient and will enable us to deliver accurate results in near real time to our clients. This accuracy and time saving ability

will allow the clients to make on
-time decisions. The eBee is safer than having Blackwell Group’s employees out in the field for specific projects, and also very safe for other aircrafts because of the mission specifications (below 400 ft.) and eBee integrated safety features
. We are prepared to modify or amend any part of this request to satisfy the need for an equivalent level of safety. We look forward to working with your office. Please contact us at any time if you require additional information or clarification.

**ANNEX A:**  **EXEMPTION REQUEST AND EQUIVALENT LEVEL OF SAFETY SHOWINGS UNDER APPLICABLE RULES SUBJECT TO EXEMPTION**  XXXX requests an exemption from the following regulations as well as any additional regulations that may technically

apply to the operation of the eBee: **14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 CFR § 91.203(a)(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 unnece ssary 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 Refor

m 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. Blackwell Group 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 match. **14 C.F.R.**  **§ 91.7(a):**  **Civil aircraft**  **airworthiness** This regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. Should the exemption be granted allowing commercial operation of the eBee without an airworthiness certificate, no standard will exist for airworthiness of the eBee. Given the size of the aircraft and the previous airworthiness assessments given to the eBee, among others:

 New Mexico State University: https://newscenter.nmsu.edu/Articles/view/10208/nmsu
uas - flight
-test- 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. Blackwell Group assumes that the intent of this requirement is to ensure that flight manual information is available to the aircrew while operating the aircraft. Blackwell Group 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 o f safety will be achieved by

keeping a hard copy

of the flight manual in theeBee transportation box.

**14 C.F.R. § 61.3: Requirements for certificates, ratings and authorizations 14**  **C.F.R. §**  **61.113(a) &**  **(b); 61.133(a):**  **P rivate**  **Pilot Privileges**  **and Limitat** **ions; Pilot**  **in Command; Commercial Pilot Privileges and Limitations**  The regulation provides that no person may s erve as a required pilot flight crewmember of a civil aircraft of the United States, unless that person: (1) Has a pilot certificate or special purpose pilot authorization issued under this part in that person's physical possession or readily accessible in the aircraft when exercising the privileges of that pilot certificate or authorization. However, when the aircraft is operated within a foreign country, a pilot license issued by that country

may be used. The regulation provides also that no person that holds a private pilot certificate may act as pilot in command of an aircraft for compensation or hire. Subparagraph (b) allows a private pilot to act as pilot in command of an aircraft in connection with any business or employ

ment if: (1) The flight is only

incidental to that business or employ ment; (2) The aircraft does not carry passengers or property

for compensation or hire. Given the safety

f eatures of the eBee and the fact that the missions are pre-programmed and monitored in real
-time with a specific flight management software (eMotion), SenseFly proposes that operators of the eBee should not be required to hold a commercial or private pilot certification. Instead, operators should be required to:

 Have passed SenseFly ’s training program for operation of the UAS. The manufacturer’s training program for operators has been already s atisfactorily

reviewed through the Application for Airworthiness Qualification Level (AQL) 3 Airworthiness Release (AWR).  Has the written test of the PPL The equivalent level of safety will be achieved by

having an operator trained by the AMA (or any FAA qualified entity

) and SenseFly, and using the integrated features of the aircraft to maintain a high level of safety

during the different missions.
**14 C.F.R.**  **§ 91.109(a)**  **& 91.319(a)(1):**  **Flight Instruction** The regulation provides that "No person may operate a civil aircraft that is being used for flight instruction unless that aircraft has fully functioning dual controls." Flight instruction will be accomplished through an elaborated training program, using first the simulation mode of the flight management software eMotion. The equivalent level of safety during the training will be achieved by the manufacturer or authorized distributor providing the training and through the use of experienced and qualified operators familiar with the eBee. **14 CFR**  **§ 91.119:**  **Minimum Safe Altitudes**  The regulation provides that over sparsely p opulated areas the aircraft cannot be operated closer than 500 feet to any

p erson, 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 f ly over private property with the permission of the landowner. The operator will define before every f light 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 theexpected route of flight and the associated risks to persons and property on the ground. Due to the small size of the eBee and the material with which the eBee is built, the hazard to persons, vessels, vehicles, and structures is not comparable to manned aircraft and should be considered in granting the exemption. Moreover, the aircraft will not be operated over congested areas nor over any open- air assembly of persons. The aircraft will be operated at an altitude allowing, if a power unit fails, an emergency

landing without undue hazard to persons or property on the surface. **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 b e, 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;  Inthe 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 b egin 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, Blackwell Group believes that an equivalent level of safety i s already

achieved with the specific procedure preventing the eBee to accept a take
-off order is the battery

level is below a given value. Moreover, SenseFly has integrated “low” and “critical” battery

level warnings and implemented a “return to Home” (and “Go Land”) actions in these situations. **14 C.F.R. § 91.203 (a) & (b): Carrying Civil Aircraft Certification and Registration** This regulation provides as follows:  No person may operate a civil aircraft unless it has an appropriate and current airworthiness certificate.  No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) of this section or a special flight authorization issued under §91.715 is displayed at the cabin or cockpit entrance so that it is legible to passengers or crew. The eBee weighs only

1 .7 pounds (max take
- off weight). As such, there is no ability or place to carry certification and registration documents or to display them on the UAS. Inaddition, there is no pilot or passengers on board the aircraft. To obtain an equivalent level of safety and meet the intent of 91.203, Blackwell Group proposethat 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. P aragraphs 91.407 and 91.409 require that the aircraft be "approved for return to service by a person authorized under 43.7" after maintenance and inspection. Section 91.409(a)(2) requires an annual inspection for the issuance of an airworthiness certificate. Section 91.417(a) requires the owner or operator to keep records showing certain maintenance work that has been accomplished by certificated mechanics, under Part 43, or licensed pilots and records of approval of the aircraft for return to service. Blackwell Group proposes that the maintenance of the eBee will be accomplished by the owner/operator according to the maintenance manual, provided by S enseFly
. B lackwell Group requests the FAA treat the eBee training program as proprietary under 14 C.F.R. 11.35(b) and not include this document in the public docket. An equivalent level of safety will be achieved because the eBee is small in size, it is not a complex mechanical device, it will carry no external payload, and it will operate only in restricted predetermined areas. Moreover, the operator is the person most familiar with the aircraft and is best suited to maintain the aircraft in an airworthy condition and to ensure an equivalent level of safety
. Finally, before every flight, the eBee runs automatically as equence 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 The flight management software
. 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 MODE L AERONAUTICS SAFETY REQUIREMENTS**  http://www.modelaircraft.org/files/105.pdf http://www.modelaircraft.org/files/540
-D.pdf http://www.modelaircraft.org/files/560.pdf