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, Natural Resources Management, LLC(“NRM”), an operator of the eBee 

Unmanned Aircraft System (“eBee”) seeks an exemption from the Federal Av

(“FARs”) listed below: 

• 14 C.F.R. 21 

• 14 C.F.R. 45.23 

• 14 C.F.R 45.29 

• 14 C.F.R. 61.133(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

photogrammetric and survey applications. These operations will be subject to strict operating 

requirements defined in the eBee user manual (NRM 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 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. 

following requirements: Has successfully passed a manufacturer’s training p

(NRM 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

August 6, 2015 

U.S. Department of Transportation 

Exemption Request Under Section 333 of the FAA Reform Act and Part 11 of the 

Federal Aviation Regulations

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

and 14 C.F.R. Part 11, Natural Resources Management, LLC(“NRM”), an operator of the eBee 

Unmanned Aircraft System (“eBee”) seeks an exemption from the Federal Aviation Regulations 

91.417) 

The requested exemption would authorize commercial operations using the eBee for mapping

and survey applications. These operations will be subject to strict operating 

ee user manual (NRM 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 Code of the Academy of Model Aeronautics 

), in order to ensure at least an equivalent level of safety to currently authorized 

operations using manned aircrafts. The eBee will be operated by an individual who fulfills the 

following requirements: Has successfully passed a manufacturer’s training program for

NRM 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). 

3793 Silica Road, Suite B 

Sylvania, Ohio 43560 

Local 419-841-3232 

Fax 419-882-8772 www.NRMmining.com

Page 1

August 6, 2015 

Exemption Request Under Section 333 of the FAA Reform Act and Part 11 of the 

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

and 14 C.F.R. Part 11, Natural Resources Management, LLC(“NRM”), an operator of the eBee 

iation Regulations 

The requested exemption would authorize commercial operations using the eBee for mapping, 

and survey applications. These operations will be subject to strict operating 

ee user manual (NRM 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 Code of the Academy of Model Aeronautics 

), in order to ensure at least an equivalent level of safety to currently authorized 

The eBee will be operated by an individual who fulfills the 

rogram for the eBee 

NRM requests the FAA treat the eBee training program as proprietary under 14 C.F.R. 11.35(b) 

www.NRMmining.com
Page 2

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 software (eMotion) that 

allows the operator to plan safely and efficiently a mission in 3D, and then monitor it in realtime. Thanks to the embedded camera, protected by a foam envelope, the eBee takes a collection 

of high-definition still images that are used later to generate maps and contour lines of the 

surveyed area. The four main characteristics of the eBee are: 

A. Light weight 

The eBee is so light that the operator can launch it by hand and let it land on almost any surface 

without requiring a parachute or landing net (belly land). Its low impact energy (38 J in case of a 

controlled emergency landing) also significantly reduces the risk of hazardous situations. Finally, 

the wings of the eBee are detachable and made of flexible foam with no sharp or hard edges and 

almost no internal strengthening structure. 

B. Electric-powered 

The eBee is electric powered. A brushless engine 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 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. 

D. Option for Manual control 

Additionally, the eBee provides an override capability that allows the operator to take manual 

actions during the flight (Go to Home, Go Land, Hold and Resume the mission) and also suspend 

automated operations and take manual control of the aircraft should it become necessary to 

respond emergent circumstances, thanks to the remote controller provided with the system. 
Page 3

2. APPLICATIONS 

The eBee will be used to map natural resources and industrial landfill sites in non-congested 

areas (pre-planning and as-built completion) including open pit quarries, forests, landfill 

operations, agriculture, topography, as-built construction conditions and progress, quarry and 

mining operations (non-congested areas), and for employee and educational training. 

3. APPLICABLE LEGAL STANDARD UNDER SECTION 333 

A. Airworthiness assessment of the eBee 

NRM 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-uasflight-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 NRM 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 are to be conducted over private, controlled-access, or public property where 

approved; 
Page 4

• Permission from the land owner/authority will be 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 will be limited to Visual Flight Rules Meteorological Conditions (VMC) 

and daylight hours 

• Aircraft operations will remain within Visual Line of Sight (VLOS) and will be visually 

monitored at all times; 

• VLOS will be guaranteed with a GPS geo-fence around operator of 0.5 miles 

• Flight ceiling will be pre-programmed at 400 feet or less above the ground surface; 

• 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. 

3. CONCLUSION 

Natural Resources Management, LLC (NRM) is a geological, environmental and natural 

resources firm in its ninth year of business. The use of the eBee and its technology will make our 

work more profitable and efficient and will enable us to deliver accurate results in near real time 

to our clients. This accuracy and time saving ability will allow our clients to make on-time 

decisions. Obtaining mapping information with the eBee will be tremendously safer than having 

NRM employees deployed in the field performing similar functions for projects (i.e. climbing 

large stockpiles of materials). NRM work site settings often pose threats to employee safety in 

the mining, quarry, and construction environments that we service. The use of the eBee will be 

safe for other aircraft with the implementation of mission specifications (below 400 feet above 

ground surface) and eBee integrated safety features including return to home on low power or 

high winds. 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 regarding this matter. 
Page 5

Please contact us at any time if you require additional information or clarification. We can be 

reached by email at ctokar@NRMmining.com. 

Sincerely, 

Frank “Chip” Tokar Jr., CPG 

Partner, Natural Resources Management, LLC 

Phone: 1-419-841-3232 

Cell: 1-419-466-9648 
Page 6

ANNEX A: EXEMPTION REQUEST AND EQUIVALENT LEVEL OF SAFETY 

SHOWINGS UNDER APPLICABLE RULES SUBJECT TO EXEMPTION 

Natural Resources Management, LLC(“NRM”) requests an exemption from the following 

regulations as well as any additional regulations that may technically apply to the operation of 

the eBee Unmanned Aircraft System (“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, 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. NRM 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 
Page 7

"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-uasflight-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. NRM assumes that the intent of this requirement is to ensure that flight 

manual information is available to the aircrew while operating the aircraft. NRM requests an 

exemption to this requirement since the aircraft is too small to carry the documentation nor 

would it be available to the crew. 

The equivalent level of safety will be achieved by keeping a hard copy of the flight manual in the 

eBee transportation box. 

14 C.F.R. § 91.109(a) & 91.319(a)(1): Flight Instruction 

The regulation provides that "No person may operate a civil aircraft that is being used for flight 

instruction unless that aircraft has fully functioning dual controls." Flight instruction will be 
Page 8

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 populated areas the aircraft cannot be operated closer 

than 500 feet to any person, vessel, vehicle, or structure. Since the aircraft will be operating at a 

maximum of 400 feet AGL, the eBee cannot comply with this requirement. 

The equivalent level of safety will be achieved because the eBee will only fly over private 

property with the permission of the landowner. The operator will define before every flight a 

working area radius and a flight area ceiling, preventing the eBee to go beyond the flight area. 

The landowner and the persons who may be on the ground in the flight area will be briefed of the 

expected route of flight and the associated risks to persons and property on the ground. Due to 

the small size 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. 

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. 
Page 9

To provide an equivalent level of safety, the eBee autopilot calculates the reference altitude 

(ground level) with the on-board GPS during the pre-flight tests. The GPS and barometer data 

are merged with respect to their respective precisions. The GPS provides reliable information to 

correct potential barometric bias, while rapid variations in altitude are detected through the 

barometer. Hence, barometric bias induced by environmental factors is rejected. 

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

The regulation provides that no person may begin a flight in an airplane under day-VFR 

conditions unless there is enough fuel to fly to the first point of intended landing and to fly after 

that for at least 30 minutes. 

Given the area of operation for the eBee, NRM believes that an equivalent level of safety is 

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

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

battery level warnings and implemented a “return to Home” (and “Go Land”) action 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. 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, NRM proposes that 

documents deemed appropriate for this aircraft by the FAA will be co-located with the operator 

at the ground control station in the eBee box and available for inspection upon request. 
Page 10

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

Alterations 

The regulation provides that the operator is primarily responsible for maintaining the aircraft in 

an airworthy condition, including compliance with Parts 39 and 43. Paragraphs 91.407 and 

91.409 require that the aircraft be "approved for return to service by a person authorized under 

43.7" after maintenance and inspection. Section 91.409(a)(2) requires an annual inspection for 

the issuance of an airworthiness certificate. Section 91.417(a) requires the owner or operator to 

keep records showing certain maintenance work that has been accomplished by certificated 

mechanics, under Part 43, or licensed pilots and records of approval of the aircraft for return to 

service. 

NRM proposes that the maintenance of the eBee will be accomplished by the owner/operator 

according to the maintenance manual, provided by SenseFly. NRM requests that 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 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 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 MODEL 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