Cameron R Cloar

Associate

T 415-984-8285

ccloar@nixonpeabody.com

One Embarcadero Center, 18th Floor

San Francisco, CA 94111-3600

415-984-8200

4849-2376-2466.1

March 16, 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 Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”

or “Section 333”), Subsection (f) of 49 U.S.C. § 44701, and 14 C.F.R. Part 11, BioSensing

Systems, LLC (“BioSensing Systems”) seeks an exemption from the Federal Aviation

Regulations (“FARs”) listed below and discussed in Appendix A to allow it to operate the

Sensefly eBee small Unmanned Aircraft System (“eBee”). BioSensing Systems is an

agricultural and technology company that plans to utilize new data collection technology to

assist agricultural and farming companies in harvesting applications. BioSensing Systems plans

to use the eBee for aerial imagery, inspection and data collection services for projects across the

United States. The information collected by the eBee will help agricultural and farming

companies make improved decisions on issues such as irrigation, fertilization, detection of

diseases, calculate potential crop yield, and to analyze the impact of pesticides and fertilizers.

The safety and public benefits of using the eBee for commercial aerial imagery, data collection

and inspection services are significant. The eBee reduces the need to operate manned aircraft in

unconventional operations, provides more accurate data in a manner that is more safe,

economical and efficient, and with a reduced impact on the environment. Because BioSensing

Systems plans to utilize the eBee to assist farming companies make improved decisions on the

cultivation of crops, the operations will also indirectly result in an increase in economic growth.

[See FAA Exemption No. 11167, p. 14.]

Operations pursuant to the exemption will be subject to strict operating requirements and

conditions to ensure at least an equivalent level of safety to currently authorized operations

using manned aircraft and under conditions as may be modified by the FAA as required by
4849-2376-2466.1

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Page 2

Section 333. The eBee weighs a mere 1.5 pounds and its airframe is constructed of flexible

foam. The eBee is powered electrically via a small, lithium polymer battery that drives an

electric pusher propeller. It operates at a cruising speed of 22 mph – 35 mph. The eBee was

designed with extensive automated control features, redundant systems, and integrated failsafes, and it will be operated under controlled conditions and at low altitudes in airspace that is

limited in scope.

Though the eBee may safely be operated by one person, flight operations performed pursuant to

this exemption will consist of at least two people: a pilot-in-command (the “PIC”) and visual

observer. The PIC is responsible for the direct and safe operation of the eBee, monitoring its

status and flight dynamics while maintaining visual line of sight and keeping the flight within

the manufacturer’s specified limits in terms of wind, flight range, battery life, etc. The observer

will be responsible for monitoring the airspace for other aircraft and hazards, advising the PIC

before and during flight of all such observed risks, and monitoring the controlled operating area.

Individuals acting as the PIC will complete training specific to the eBee. The PIC will be a

certificated airman with private pilot privileges and limitations, and maintain a current thirdclass medical certificate.

Because the eBee will be used in lieu of comparatively higher risk operations now conducted

with fixed wing and rotary manned aircraft, the FAA can have confidence that BioSensing

Systems’ operations will achieve at least an equivalent level of safety and fulfill the Secretary of

Transportation’s responsibilities under Section 333(c) of the Reform Act to “establish

requirements for the safe operation of such aircraft systems in the national airspace system.”

Moreover, the FAA has already granted four 333 exemption requests for operation of the eBee

model. [FAA Exemption Nos. 11136; 11167; 11170; 11193.] Accordingly, it should grant this

exemption request without delay.

Applicant Information

The name of the applicant is:

BioSensing Systems, LLC

The primary contact for this application is:

Vincent Pluvinage, Ph.D.

BioSensing Systems

911-B Blanco Circle

Salinas, CA 93901

Ph: (650) 787-0919

E-mail: vincent@inventioncp.com
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March 16, 2015

Page 3

Exemptions Requested

BioSensing Systems respectfully requests exemptions from the following regulations:1

14 C.F.R. Part 21, Subpart H;

14 C.F.R. § 91.7;

14 C.F.R. § 91.9(b)(2);

14 C.F.R. § 91.113;

14 C.F.R. § 61.113(a), (b);

14 C.F.R. § 61.133(a);

14 C.F.R. § 91.119(c);

14 C.F.R. § 91.121;

14 C.F.R. § 91.151;

14 C.F.R. § 91.203;

14 C.F.R. § 91.405(a) and (b);

14 C.F.R. § 91.407(a)(1);

14 C.F.R. § 91.409(a)(1)-(2); and

14 C.F.R. § 91.417(a).

THE APPLICABLE LEGAL STANDARD UNDER SECTION 333

Grant of this exemption application for use of the eBee in precision aerial imagery, data

collection and inspection operations will advance the Congressional mandate in Section 333

of the Reform Act to accelerate the introduction of UAS into the national airspace system

("NAS") if it can be accomplished safely. This law directs the Secretary of Transportation to

consider whether certain UAS may operate safely in the NAS before completion of the

rulemaking required under Section 332 of the Reform Act. In making this determination, the

Secretary is required to determine which types of UAS do not create a hazard to users of the

NAS or the public, or pose a threat to national security in light of the following:

 The UAS's size, weight, speed, and operational capability;

 Operation of the UAS in close proximity to airports and populated areas; and

 Operation of the UAS within visual line of sight of the operator.

1 As set forth in Appendix B, BioSensing Systems will operate under similar operating conditions as those required

in the other grants of exemption, in which exemptions for certain FARs was deemed by the FAA as “not

necessary.” Accordingly, BioSensing Systems does not request FAA exemption from 14 C.F.R. 45.23(b), 91.103,

and 91.109(a). Should the FAA determine that relief from these or any other regulation is required for the

operations proposed herein, BioSensing Systems will be happy to submit an amendment to this request and include

justifications for those necessary additional exemptions.
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Reform Act § 333(a)(1). If the Secretary determines that such vehicles "may operate safely in

the national airspace system, the Secretary shall establish requirements for the safe operation

of such aircraft in the national airspace system." Id. §333(c) (emphasis added).2

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This

statutory authority, by its terms, includes exempting civil aircraft, as the term is defined under

§40101 of the Act, from the requirement that all civil aircraft must have a current

airworthiness certificate and those regulations requiring commercial pilots to operate aircraft

in commercial service:

The Administrator may grant an exemption from a requirement

of a regulation prescribed under subsection (a) or (b) of this

section or any of sections 44702-44716 of this title if the

Administrator finds the exemption is in the public interest.

49 U.S.C. §44701(f). See also 49 USC §44711(a); 49 USC §44704.

The grant of the requested exemption is in the public interest based on the clear direction in

Section 333 of the Reform Act; the additional authority in the Federal Aviation Act, as

amended; the strong equivalent level of safety surrounding the proposed operations; and the

significant public benefit, including enhanced safety and cost savings associated with

transitioning to UAS for aerial imagery, data collection and inspection services. BioSensing

Systems therefore respectfully requests that the FAA grant the requested exemption without

delay.

Airworthiness of the eBee

One element of the exemption application involves evidence of the airworthiness of the eBee.

BioSensing Systems and SenseFly believe that the eBee has been shown to be airworthy and

compliant with a significant level of safety. The four previous 333 Grants of Exemption by the

FAA further highlight that operations of the eBee will not adversely affect safety when

compared to similar operations conducted by aircraft that have been issued an airworthiness

certificate under 14 C.F.R. Part 21, Subpart H. [Exemption Nos. 11136; 11167; 11170; 11193.]

Numerous other aviation regulatory agencies of other countries have also provided their

2

This provision places a duty on the Administrator to not only process applications for exemptions under

Section 333, but for the Administrator, if he deems the conditions proposed herein require modification in order

to allow approval, to supply conditions for the safe operation of the UAS. BioSensing Systems welcomes the

opportunity to consult with FAA staff to address any issues or concerns that this proposal may raise that they

believe may require modification.
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approval for the eBee, including without limitation, Switzerland, Canada, Australia, France,

Germany, United Kingdom, Norway, Sweden and Denmark.

To enhance safety, it is also important to note that the eBee is equipped with automated features

which enhance safe takeoff, flight, and landing in many conditions, further details of which are

provided in the eBee SenseFly User Manual, and the eBee Justification of Airworthiness and

Safety Assessments.3

To maintain airworthiness, BioSensing Systems will follow the inspection and maintenance

program designed specifically for the eBee by SenseFly. That program is enhanced by an

inflight monitoring system for the eBee that monitors current position, wind speed and

direction, battery charge, flight time, and altitude, including both above the takeoff location and

above sea level. If onboard sensors detect a critical situation at any time (low battery, close

proximity to the ground, weak data link signal, etc.) the eBee will automatically initiate a

preprogrammed safety procedure. In the event of any malfunction, the eBee will undergo all

maintenance required by the manufacturer and undergo flight testing before recommencing

commercial operations.

Proposed Operations and Associated Conditions

BioSensing Systems intends to use the eBee that weighs significantly less than 55 pounds for

the purpose of collecting aerial imagery and data, as well as aerial inspection and documentation

of crops and for related use in farming and agricultural operations. Sensors mounted on the

eBee will also collect information to help farming companies make improved decisions on

irrigation, fertilization, disease detection, readiness to harvest and other similar issues.

All of the eBee operations will occur under tightly controlled conditions on privately owned

land at the owner’s request and consent, solely during daylight hours, and at altitudes well

below that which would pose a risk to other aircraft. The operations will take place in areas

away from people, crowds and airports. Moreover, due to the nature and purpose of the

operations, BioSensing Systems anticipates that it will fly the eBee at relatively low altitudes

and speeds. The risk of interference with another aircraft is therefore minimal.

Grant of this exemption to BioSensing Systems will be subject to the conditions listed in

Appendix B, which are based upon the operating conditions required by the FAA's previous

grants of exemptions. The eBee is characterized by a high degree of pre-programmed control

and various built-in technical capabilities that limit the potential for operation outside of the

3 BioSensing Systems submits the following documents, as proprietary and under confidentiality, in support of this

Exemption Request: the eBee SenseFly User Manual, eBee Inspection and Maintenance Requirements, the

SenseFly eBee Training Documentation, and the eBee Justification of Airworthiness and Safety Assessments. At

the request of the FAA, BioSensing Systems will also be pleased to provide, under confidentiality, its General

Operations Manual.
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Page 6

conditions set forth in Appendix B. It was also designed with internal functional and safety

features to assist the operator in safe and reliable operation. With pre-programmed flights and

manual control, operators can easily maintain separation from manned aircraft operations and

avoid other hazards. In the controlled environment under the operations conditions in Appendix

B, operations will remain within visual line-of-sight (VLOS) and below 400 feet AGL. In

addition, BioSensing Systems will obtain a Certificate of Waiver or Authorization from the

FAA Air Traffic Organization to address airspace requirements and provide notification by a

Notice to Airman (NOTAM).

Operator Requirements

As a condition to the grant of the exemptions, BioSensing Systems will require that the PIC

hold a private pilot's certificate and a valid third-class medical certificate. The PIC will have

accumulated and logged a minimum number of flight cycles and hours for daytime operations,

as necessary. The PIC will also be subject to the flight review requirements pursuant to the

Federal Aviation Regulations (“FARs”).

In addition, the PIC must complete a training program for the eBee. This training familiarizes

the PIC to the operations and limitations of the eBee. Training will also include discussions on

the basic fundamentals of UAS aerodynamics and technical limitations, as well as the more

general topics of weather, the National Airspace System, and the regulatory framework.

BioSensing Systems does not believe that certified airmen, medical certificates, and the related

operating conditions, are necessary or required to operate the eBee. However, BioSensing

Systems will accept these requirements as a condition to the grant of this exemption. If, and

when, the FAA finds such conditions unnecessary for operations conducted pursuant to Section

333 exemptions, BioSensing Systems respectfully reserves the right to amend its operating

conditions and request exemption from the relevant FARs to operate without such conditions.

Public Interest

The use of the eBee in lieu of comparatively hazardous operations currently conducted with

conventional fixed wing and rotary aircraft offers a net safety benefit and will achieve an

enhanced level of safety, as mandated under Section 333(c) of the Reform Act. Approval of this

application will also benefit the public interest by allowing better, safer, and more cost efficient

information for BioSensing Systems and the public.

Conventional aerial imagery and inspection operations using manned aircraft involve heavy

aerial aircraft that must transit from airports to the operational location, carrying significant

amounts of combustible fuel, and a multi-person crew. Manned aircraft are also at risk of fuel

spillage and fire in the event of an accident or incident. By contrast, use of the eBee is safe,

economical and efficient. The eBee weighs a mere 1.5 pounds, is carried (not flown) to and
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March 16, 2015

Page 7

from the area of activity, removes the need for an airborne crew, and poses less risk to people

and infrastructure on the ground, as well as other aircraft.

No national security issue is raised by the grant of the requested exemptions. Given the size,

load-carrying capacity, the speed at which the eBee operates (22-35 mph), and the fact that it

does not carry explosives or other dangerous materials, the use of the eBee poses no threat to

national security. In fact, the threat of causing damage to property is significantly reduced with

the extremely low weight of the eBee and limited operating areas. Any other security concerns

are ameliorated by the fact that all individuals holding a private pilot certificate are subject to a

security screening by the U.S. Department of Homeland Security.

The grant of the requested exemption is in the public interest based on the clear direction in

Section 333, the Federal Aviation Act,4the high and equivalent level of safety of the proposed

operations, and the significant public benefit, including enhanced safety and cost savings to be

realized as a result of the use of the eBee for aerial imagery, data collection and inspections. It is

also in-line with the previous Grants of Exemption by the FAA for the SenseFly eBee. [Grant of

Exemption Nos. 11136; 11167; 11170; and, 11193.] Accordingly, BioSensing Systems

respectfully requests that the FAA grant an expedited exemption.

Very truly yours,

NIXON PEABODY, LLP

Cameron R Cloar

CRC

4

The Federal Aviation Act ("FAAct") expressly grants the FAA the authority to issue exemptions: The Administrator may grant

an exemption from a requirement of a regulation prescribed under subsection (a) or (b) of this section or any of sections 44702-

44716 of this title if the Administrator finds the exemption is in the public interest. 49 U.S.C. § 44701(f).
4849-2376-2466.1

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APPENDIX A

EXEMPTION REQUEST AND EQUIVALENT LEVEL OF SAFETY SHOWINGS

UNDER APPLICABLE RULES SUBJECT TO EXEMPTION

14 C.F.R. Part 21, Subpart H: Airworthiness

Certificates 14 CFR § 91.203(a)(1)

Section 91.203(a)(1) 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)(1). Given the very small

size of the aircraft and the limited operating area associated with their utilization, it is

unnecessary to go through the certificate of airworthiness process under Part 21 Subpart H to

achieve or exceed current safety levels.5

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.

In this case, an analysis of these criteria demonstrates that the eBee operated without an

airworthiness certificate, under the conditions proposed herein, will be at least as safe, or safer,

than a conventional aircraft (fixed wing or rotorcraft) with an airworthiness certificate. The

eBee weighs 1.5 pounds. It does not carry a pilot or passenger, does not carry flammable fuel,

and will operate exclusively within an area pre-disclosed and in compliance with conditions

set forth herein. Operations under this exemption will be tightly controlled and monitored by

the operator, pursuant to the conditions set forth in Appendix B, the SenseFly eBee

manuals, BioSensing Systems GOM, and by local public safety requirements.

The FAA will have advance notice of all operations through the filing of NOTAMs. Receipt

of the prior permission of the land owner (or lessee), the size of the aircraft, the lack of

flammable fuel, and the fact that the aircraft is carried to the location and not flown there all

establish the equivalent level of safety. The eBee provides at least an equivalent level of

safety to that of such operations conducted with conventional manned aircraft that would be

5 The FAA has stated that no exemption is needed from this section if a finding is made under the Reform Act that

the eBee provides an equivalent level of safety when compared to aircraft normally used for the same application.

These criteria are satisfied and therefore no exemption is needed. [See, e.g., Exemption No. 11167 (an exemption

from 91.203 not required for the eBee).] However, BioSensing Systems requests an exemption in the event that the

FAA determines that some characteristics of the eBee fail to meet the requirements of the Reform Act.
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orders-of-magnitude larger and would be carrying passengers, cargo, and flammable fuel.

The safety features including the redundant sensor systems, as described in the eBee

SenseFly User Manual, the eBee Inspection and Maintenance Requirements, the eBee

Justification of Airworthiness and Safety Assessments, and throughout this document,

underscore the importance placed on safety and reliability in the design and manufacture of

the eBee.

14 C.F.R. § 91.7(a)-(b); Civil Aircraft Airworthiness

Section 91.7(a) requires that a civil aircraft must be in airworthy condition to be operated. In

the four previous grants of exemption for the eBee, the FAA has concluded that an

exemption was required under 14 C.F.R. § 91.7(a). In each instance, the FAA granted relief

under 91.7(a) through a requirement that each petitioner ensure that the eBee is in an

airworthy condition – based on compliance with the User Manual and Inspection and

Maintenance Requirements – prior to every flight. [See Exemption No. 11167, p. 11;

Exemption No. 11170, p. 17; Exemption No. 11193, p. 5; Exemption No. 11136, p. 15.]

BioSensing Systems therefore requests that the FAA find similar relief under the same

conditions is warranted here.

Section 91.7(b) places responsibility on the PIC to ensure an aircraft is in a condition safe

for flight. In prior grants of exemption to the eBee, the FAA determined that exemption from

this section was not necessary. [See Exemption No. 11136, p. 16.] To the extent that the

FAA determines an exemption is required here, BioSensing Systems respectfully requests

that the FAA find compliance with the manufacturer’s manuals, and requirements of the

grant of exemption, a sufficient means for ensuring that the eBee is in a condition for safe

flight.

14 C.F.R. § 91.113; Right-of-Way Rules

Section 91.113 requires that vigilance be maintained by each person operating an aircraft to

see and avoid other aircraft. Unlike manned aircraft, the eBee pilot is not on-board the

aircraft to observe and avoid other aircraft, operating the eBee from the ground.

BioSensing Systems’ proposed operating conditions will achieve an equivalent or greater

level of safety. All operations will involve two individuals—one certificated private pilot as

the PIC and one visual observer who will monitor the immediate and surrounding airspace of

the operation for potential obstruction hazards and other possible intrusions. The eBee will

also be limited to designated areas below 400 feet AGL and within a virtual fence.

BioSensing Systems will notify the FAA and other pilots of the sUAS operations by

NOTAM.
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14 C.F.R. § 61.113(a) & (b); 61.133(a): Private Pilot Privileges and Limitations; Pilot

in Command; Commercial Pilot Privileges and Limitations

Section 61.113(a) & (b) limit private pilots to non-commercial operations. Unlike a

conventional aircraft that carries a pilot, passengers, and cargo, the eBee is remotely controlled

with no passengers or property of others on-board. Section 61.133(a) requires an individual

with a commercial pilot’s license to act as pilot in command of an aircraft for compensation or

hire.

BioSensing Systems respectfully proposes that operator requirements should take into account

the characteristics of the particular UAS. Here, the eBee has a high degree of pre-programmed

control and various built-in technical capabilities that strictly limit the potential for operation

outside of the operating conditions set forth in Appendix B and the exemption application. The

small size, endurance, range and payload capacities of the eBee mean that no passengers and/or

cargo will ever be carried by the aircraft. Rather, commercial operations will be strictly limited

to acquiring aerial imagery, data collection and inspections.

Considering these conditions, operating limitations and restrictions, an equivalent level of

safety will be provided by allowing operation of the eBee by BioSensing Systems with

individuals who possess a valid FAA private pilot certificate and Class III medical certificate.

The risks associated with the operation of the eBee (given its small size, speed, operational

capabilities and limitations, and lack of combustible fuel) are so diminished from the level of

risk associated with commercial operations (and even operations permitted with a private pilot

certificate) contemplated by Part 61 with manned aircraft, that allowing operations of the eBee

as set forth in Appendix B meets and exceeds the present level of safety provided under 14

C.F.R. § 61.113(a)-(b), and does not call for a commercial pilot certificate as set forth in §

61.133. [Exemption Nos. 11136, p. 15 (requiring private pilot certificate and Class III medical

certificate); 11170, p. 16 (same); 11193, p. 4 (same).]

14 CFR § 91.119: Minimum Safe Altitudes

Section 91.119 establishes safe altitudes for operation of civil aircraft. Specifically, 91.119(c)

limits aircraft flying over areas other than congested areas to an altitude of 500 feet above the

surface, except over open water or sparsely populated areas. In those cases, the aircraft may

not be operated closer than 500 feet to any person, vessel, vehicle, or structure.

As set forth herein, the eBee will not operate at higher than 400 feet AGL. The eBee will,

however, be operated to avoid congested or populated areas. Because aerial imagery and data

collection work must be accomplished at relatively low altitudes and at altitudes less than 500

feet AGL, an exemption from Section 91.119(c) is needed.
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The equivalent level of safety will be achieved given the size, weight, speed, and material with

which the eBee are built. Also, all flights will be conducted over private and/or controlledaccess property with the permission of the land owner or those who control the land. Because

of the advance notice to the landowner, all affected individuals will be aware of the flights.

Compared to operations conducted with aircraft or rotorcraft weighing far more than the eBee,

and carrying flammable fuel, any risk associated with these operations will be significantly less

than those currently allowed with conventional aircraft operating at or below 500 feet AGL.

Indeed, the low-altitude operations of the eBee will maintain separation from operations of

conventional aircraft that must comply with Section 91.119.

14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions

This regulation prohibits an individual from beginning “a flight in an airplane under VFR

conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly

to the first point of intended landing and, assuming normal cruising speed – (1) During the day,

to fly after that for at least 30 minutes; or (2) At night, to fly after that for at least 45 minutes.”

The eBee is powered by a removable, rechargeable, lithium-polymer battery that provides

approximately 50 minutes of powered flight. Without an exemption from § 14 CFR 91.151,

flights by BioSensing Systems would be limited to 20 minutes. Given the limitations on the

proposed operations and their locations, a longer time frame for flight in daylight VFR

conditions is reasonable. Moreover, SenseFly has integrated “low” and “critical” battery level

warnings and implemented a “Return to Home” (and “Go Land”) actions in these situations.

An exemption from 14 CFR § 91.151(a) is safe and within the scope of the prior exemptions

for the eBee. [See, e.g., Exemption No. 11136, p. 17-18.] In line with the previous grants of

exemption, BioSensing Systems requests that the FAA grant relief under the condition that the

PIC will not begin a flight unless (considering wind and forecast weather conditions) there is

enough power to fly to the first point of intended landing and, assuming normal cruise speed,

land the eBee with 30% battery power remaining.

14 C.F.R. §§ 91.9(b)(2); 91.203(a)-(b); Carriage of Civil Aircraft Airworthiness

Certificate and Registration

Sections 91.9(b) and 91.203(a)-(b) require an aircraft operator to carry airworthiness

documents and other aircraft manuals onboard the aircraft at all times. Because the eBee is

small in size and contains no cabin or flight deck, carriage of such documents and manuals

is impossible.

The intent of these regulations is to ensure that the PIC has access to important documents

during flight. Here, an equivalent level of safety is achieved if the PIC has access to the
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applicable eBee manual(s), registration certificate and other required documents from the

Ground Control Station from which he or she is conducting operations. This is consistent

with a prior opinion of the FAA Office of the Chief Counsel, and other grants of exemptions

for commercial UAS operations. [See Memorandum from Mark Bury, FAA Assistant Chief

Counsel for International Law, Legislation and Regulation, to John Duncan, FAA Flight

Standards Service (Aug. 8, 2014); see also Exemption No. 11136.]

14 C.F.R. § 91.121: Altimeter Settings

Section 91.121 requires that each individual 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. Thus, barometric bias induced by environmental factors is

rejected. The FAA has granted relief from this section in three prior grants of exemption

under the condition that the operator set the altimeter to zero feet AGL rather than local

barometric pressure or field altitude before each flight. [Exemption Nos. 11136, p. 9; 11170,

p. 20; 11193, p. 7.] In another grant of exemption, the FAA found grounds to grant an

exemption from this section because the eBee can “maintain altitude via GPS, barometer

input, or both and displays altitude at the takeoff location and altitude above mean sea level.

Furthermore, if the [eBee] loses GPS signal or encounters a barometer error, the eBee is

programmed to go to the Home point.” [Exemption No. 11167, p. 13.] A similar grant of

exemption is thus warranted here.

14 C.F.R. §§ 91.405(a); 407(a)(1); 409(a)(2); 417(a): Maintenance Inspections

Section 91.405(a) requires that an aircraft operator or owner “shall have that aircraft inspected

as prescribed in subpart E of this part and shall between required inspections, except as

provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of

this chapter....” Section 91.407 similarly makes reference to requirements in Part 43; Section
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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.

An equivalent level of safety will be achieved because the eBee is small in size, will solely

operate in controlled and predetermined areas, and is not a large, complex mechanical device.

BioSensing Systems will perform all maintenance and inspections in accordance with the

manufacturers’ manuals and any required manufacturer Safety or Service Bulletins. In

addition, the PIC will conduct a pre-flight inspection of the eBee and all associated equipment

to account for all discrepancies and/or inoperable components. Maintenance will be performed

and verified to address any conditions potentially affecting safe operation of the eBee and no

flights will occur unless and until all flight critical components of the eBee have been found to

be in a condition for safe operation. A functional flight test will be conducted following the

replacement of any flight-critical components.
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APPENDIX B

BIOSENSING SYSTEMS OPERATING RESTRICTIONS AND LIMITATIONS

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

which weighs approximately 1.5 pounds. Proposed operations of any other aircraft will

require a new petition or a petition to amend this grant.

2) The eBee shall not be flown at a ground speed exceeding 70 knots.

3) Above Ground Level (“AGL”) altitude shall be restricted to 400 feet, as indicated by the

procedures specified in the eBee User Manual and the GOM. All altitudes reported to

Air Traffic Control (“ATC”) shall be in feet AGL.

4) The eBee shall be operated within Visual Line-of-Sight (“VLOS”) of the pilot-incommand (“PIC”) and visual observer at all times. The PIC must use human vision

unaided by any device other than corrective lenses, as specified on the PIC’s FAAissued medical certificate.

5) All operations must utilize a visual observer (“VO”). The VO may be used to satisfy the

VLOS requirement as long as the PIC maintains VLOS capability. The VO and PIC

must be able to communicate verbally at all times. The PIC must be designated before

the flight and cannot transfer his or her designation for the duration of the flight. The

PIC must confirm that the VO can perform the functions prescribed in the eBee User

Manual and the GOM.

6) Any and all additional requirements identified in the exemption grant by the FAA shall

be added to the GOM. The GOM must be maintained and made available to the

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

limitations in the granted exemptions and the GOM, the conditions and limitations in the

granted exemptions shall take precedence and must be followed. Otherwise, the operator

must follow the procedures outlined in the GOM.

The operator may update or revise its GOM. It is the operator’s responsibility to track

such revisions and present updated and revised documents to the Administrator upon the

request. The operator must also present updated and revised documents if it petitions for

an extension or amendment of the granted exemptions. If the operator determines that

any update or revision would affect the basis upon which the FAA granted the

exemptions, then the operator must petition for amendment to its exemptions. The
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FAA’s UAS Integration Office (AFS-80) may be contacted if questions arise regarding

updates or revisions to the GOM.

7) Prior to each flight the PIC must inspect the eBee to confirm that it is in a condition for

safe flight. The PIC shall not operate the aircraft if the inspection reveals a condition

that affects the safe operation of the eBee until the necessary maintenance has been

performed and the eBee is found to be in a condition for safe flight. The Ground Control

Station (“GCS”) shall be included in the preflight inspection. All maintenance and

alternations must be properly documented in the aircraft records.

8) Any eBee that has undergone maintenance or alterations that affect the eBee operation

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

functional test flight. The PIC who conducts the functional test flight must make an

entry in the eBee aircraft records.

9) BioSensing Systems must follow the manufacturer’s aircraft/component maintenance,

overhaul, replacement, inspection, and life limit requirements.

10) BioSensing Systems shall carry out its maintenance, inspections, and record keeping

requirements, in accordance with the eBee User Manual, the eBee Inspection and

Maintenance Requirements, and the GOM. Maintenance, inspection, and alterations

must be noted in the aircraft logbook, including total flight hours, description of work

accomplished, and the signature of the authorized PIC or technician returning the eBee

to service.

11) The PIC must make a record entry in the eBee logbook or equivalent document of the

corrective action taken against discrepancies discovered between inspections.

13) The PIC must possess at least a private pilot certificate and at least a current third-class

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

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

14) BioSensing Systems will not permit any PIC to operate the eBee unless and until that

PIC has demonstrated through the training and currency requirements set forth in the

GOM, that the PIC is able to safely operate the eBee in a manner consistent with how

the eBee will be operated pursuant to this exemption, including evasive and emergency

maneuvers and maintaining appropriate distances from people, vessels, vehicles and

structures.

15) The eBee shall not be operated directly over any person, except authorized and

consenting individuals, below an altitude that is hazardous to persons or property on the

surface in the event of an eBee failure or emergency.
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16) Operating of the eBee may be conducted at distances less than 500 feet from

participating persons, vessels, vehicles or structures that perform an essential function in

connection with these special purpose operations. Operations closer than 500 feet from

the PIC, visual observer, operator trainees, and essential persons, are permitted when

operationally necessary; but never so close as to present an undue hazard, per §

91.119(a).

17) Operation of the eBee must be conducted at least 500 feet from all nonparticipating

persons, vessels, vehicles, and structures unless:

a. the aircraft is operated near vessels, vehicles or structures

where the land owner/controller 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.

18) If the eBee loses communications or loses its GPS signal, the eBee must return to a predetermined location within the security perimeter and land or be recovered in

accordance with the eBee User Manual and the GOM.

19) The eBee must abort the flight in the event of unpredicted obstacles or emergencies in

accordance with the eBee User Manual and the GOM.

20) The PIC is prohibited from beginning an eBee flight unless (considering wind and

forecast weather conditions) there is enough power to fly to the intended point of

landing and, assuming normal cruising speed, land the eBee with 30% battery power

remaining.

21) BioSensing Systems shall obtain an Air Traffic Organization (ATO) issued Certificate of

Waiver of Authorization (COA) prior to conducting any operation. This COA will also

require the filing of the NOTAM not more than 72 hours in advance, but not less than 48

hours prior to the operation.

22) All aircraft operated in accordance with the requested exemption must be identified by

serial number, registered in accordance with 14 C.F.R. Part 47, and have identification

(N-Number) markings in accordance with 14 C.F.R. Part 45, Subpart C. Markings shall

be as large as practicable.

23) Each eBee must comply with all manufacturer System and Safety Bulletins.

24) The preflight inspection section in the eBee User Manual and the GOM shall account for

all discrepancies (i.e., inoperable components, items, or equipment) not covered in the

relevant pre-flight inspection sections of the eBee User Manual and the GOM.
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25) The radio frequency spectrum used for operation and control of the eBee must comply

with Federal Communication (FCC) or other appropriate government oversight agency

requirements.

26) The documents required under 14 C.F.R. §§ 91.9 and 91.203 shall be available to the

operator at the Ground Control Station of the eBee any time the aircraft is operating.

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

official upon request.6

27) The eBee must remain clear and yield the right of way to all other manned operations

and activities at all times (including, without limitation, ultralight vehicles, parachute

activities, parasailing activities, hang gliders, etc.).

28) Operations shall occur under Visual Meteorological Conditions (VMC); flights under

special visual flight rules (SVFR) shall not be conducted.

29) The eBee shall not be operated from any moving device or vehicle.

30) The eBee shall 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.

31) Operations shall not occur in congested or densely populated areas. The eBee may not

operate in Class B, C, D or E airspace without written approval from the controlling

authority. Operations will not be conducted within a 5 NM range of the geographic

center of an airport as denoted on a current FAA-published aeronautical chart unless

permission has been obtained from the local control tower or, in the case of a nontowered airport, written notice has been provided to the airport’s management, and the

operation is conducted in accordance with a NOTAM as required by the grant of this

exemption.

32) All operations shall be conducted over private and/or controlled-access property with

permission from the landowner/controller or authorized representative. Permission from

the landowner, controller, manager or authorized representative will be obtained for each

flight to be conducted.

33) Any incident, accident, or flight operation that transgresses the lateral or vertical

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

6 This is consistent with an FAA Office of Chief Counsel Opinion, dated August 8, 2014, and prepared by Dean E.

Griffith, AGC-220, in which it was acknowledged that the intent of 14 C.F.R. § 91.9(b) and 91.203(a), (b) is met if

the PIC of the UAS has access to the aircraft flight manual, registration certificate, and other required documents

from the ground control station from which he or she is operating the UAS. Memorandum from Mark Bury, FAA

Assistant Chief Counsel for International Law, Legislation and Regulation, to John Duncan, FAA Flight Standards

Service (Aug. 8, 2014).
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the FAA’s UAS Integration Office (AFS-80) within 24 hours. Accidents shall be

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

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

34) eBee operations may not be conducted during night, as defined by 14 C.F.R. § 1.1.
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APPENDIX C

FEDERAL REGISTRY SUMMARY

Pursuant to 14 C.F.R. Part 11, BioSensing Systems offers the following summary for

publication in the Federal Register, should publication be necessary:

BioSensing Systems seeks an exemption from the following rules:

14 C.F.R. Part 21, Subpart H; 14 C.F.R. § 91.7; 14 C.F.R. § 91.9(b)(2); 14

C.F.R. § 91.113; 14 C.F.R. § 61.113(a)-(b); 14 C.F.R. § 61.133(a); 14 C.F.R. §

91.119(c); 14 C.F.R. § 91.121; 14 C.F.R. § 91.151; 14 C.F.R. § 91.203; 14

C.F.R. § 91.405(a)-(b); 14 C.F.R. § 91.407(a)(1); 14 C.F.R. § 91.409(a)(1)-(2);

and, 14 C.F.R. § 91.417(a).

Approval of these exemptions will permit BioSensing Systems to conduct commercial

unmanned aircraft systems (“UAS”) operations in farming and agricultural applications.

The exemptions will enhance safety by reducing risk to the general public and property

owners from the risk and hazards associated with performing equivalent work through

conventional manned aircraft.