June 2, 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, SEAS, LLC (“ SEAS ”), an operator of the eBee Unmanned Aircraft System (“eBee”) seeks an exemption from the Federal Aviation Regulations (“FAR s”) listed below:

 14 C.F.R. 21

 14 C.F.R. 61.133(a) (b)

 14 C.F.R. 91.7(b)

 14 C.F.R. 91.119

 14 C.F.R. 91.151(a)

 14 CFR Subpart E (91.401

- 91.417)

The requested exemption would authorize commercial operations using the eBee for mapping and survey appl ications. These operations will be subject to strict operating requirements defined in the eBee user manual ( SEAS 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 dock et) and conditions

defined in the paragraph 3

.

1. APPLICANT

The name and address of the Petitioner is:

Seaside Engineering A nd Surveying, LLC

114 East Cedar Ave
Crestview, FL 32536 Phone: (850) 650

- 9563 Fax: (850) 398

- 6812The point of contact for the Petitioner is:

Kent Stewart Remote Sensing Manager Seaside Engineering and Surveying, LLC

Email: kent.stewart@seasllc.net

2 . 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 t o plan safely and efficiently a mission in 3D, and then monitor it in real

- time. Thanks to the embedded camera, protected by a foam envelope, the eBee takes a collection of high

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

area.

The four main characteristics of the eBee are:

a. Very light weight

The eBee is so light that the operator can launch it by hand and let it land on almost any surface without requiring a parachute or landing net (belly land). Its low impact energy ( 38 J in case of a controlled emergency landing ) also significantly reduces the risk of hazardous situations. Finally, the wings of the eBee are detachable and made of flexible foam with no sharp or hard edges and

almost no internal stre ngthening 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 w ith 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 und er 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.

3 . APPLICATIONS

SEAS provides professional surveying and mapping service s to the U.S. Army Corps of Engineers (USACE). SEAS is currently under contract with the Chicago District, the Huntington District, the Louisville District and the Memphis District. Under contract to the USACE, in support of the Inland Electronic Navigatio nal Chart program, SEAS has worked for 17 different districts since 2002. The majority of the work has required remote sensing technology, such as Mobile LiDAR, Imagery collection, Multibeam, Singlebeam and Side Scan Sonar. The use of these technologies en ables SEAS to provide the most accurate, efficient and comprehensive data to the USACE in support of their primary mission areas of Flood Risk Management, Shoreline Protection, Navigation, Environmental Programs and Emergency Management. Adding UAS to

our capabilities ensures that we can continue to provide the USACE added services that will be not only be more cost effective, but also safer, thus helping to serve and protect the public, while helping the USACE be more fiscally responsible.

Mapping applic ations with the eBee include survey/GIS operations

, agricultural, mining,

construction applications , etc. The reason why the eBee solution has been very successful worldwide (thousands of operations in more than 50 countries) is that there are many operati onal

benefits related to the use of this solution:

1. The eBee brings safety to daily survey operations: there is no need for the humans to access dangerous working areas (mines, quarries, or polluted sites). The missions can be programmed and reproduced rel iably as often as needed for regularly updated maps.

2. The eBee is a cost

- effective solution. It is cheaper to operate a UAS rather than an aircraft or other ground systems for the same results. Moreover, small UAS like the eBee can help Ag businesses and f

armers face the growing needs of the population while reducing operational costs. The eBee also enables the ability to take up new challenges

- like water or environmental management through analysis of vegetation index maps.

3. Users can save time and work more efficiently by using the eBee. A mission does not need a long preparation time or long deployment constraints, or long waiting time for perfect weather conditions unlike, for example, the use of satellites. Initial results are accessible directly on

- s ite, which is impossible with images provided by satellites or manned

aircrafts.

4. The eBee has social benefits too: it is eco

- friendly (electric

- powered), and its affordability allows many high

- valued applications like data gathering for sustainability pro jects (agribusiness, reforestation) or post

- disaster management missions. +

4 . APPLICABLE LEGAL STANDARD UNDER SECTION 333

a. Airworthiness assessment of the eBee

SEAS notes that the airworthiness of the eBee has already been demonstrated for different

p rojects 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 i norder to operat e the eBee UAS). Moreover the eBee already received 15 Exemptions from the

FAA

.

SenseFly also 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 operation s)

 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 SEAS for the eBee will be subject to the following operating

c onditions :

 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 exemptio n.

 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 airspe ed 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 th an 5 00 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

corre ctive 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. T he 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 conduc t itsoperations 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

Adminis trator 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. Otherwise, the operato r 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 an y 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. A ny 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 operato r 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 mainte nance 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 Colombia, 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 b e 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 14CFR § 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

exe mption 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 ar e 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 condu cted 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 D irectory (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 is sued 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

hor izontally 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 P IC 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

o peration 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 accord ance 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 iden tified by serial number, registered in accordance with 14 CFR part 47, and have identification (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 sa fe 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 Administra tor 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 opera tions 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 accid ent. 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 ens uring 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 ob jects 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 p roperty 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 operati on 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

.

5 . CONCLUSION

UAS provide a host of benefits that make our citizens safer, more secure and more productive. These aircraft help SEAS surveyo rs and mappers by allowing them to gather data that might be

in accessible by normal surveying conventions, or cost prohibitive due to the nature of the acquisition methods . Moreover, UAS have virtually no limitations, with the ability carry out such

work i n hazardous conditions, extreme heat and a host of other conditions that may pose significant risks to personnel

.

By granting this exemption, the FAA Administrator will be fulfilling the Congressional mandate

of the FAA Modernization and Reform Act of 201 2. Approval of the exemption is in the public interest for it will reduce congestion of the National Airspace System and will benefit the economy by allowing the state based Petitioner to economically provide surveying and mapping services to the public.Yours sincerely,

Kent Stewart Manager of Remote Sensing Seaside Engineering and Surveying, LLC

114 East Cedar Ave
Crestview, FL 32536 Telephone: (850) 974

- 0070

Email: kent.stewart@seasllc.netANNEX A: EXEMPTION REQUEST AND EQUIVALENT LEVE L OF SAFETY

SHOWINGS UNDER APPLICABLE RULES SUBJECT TO EXEMPTION

SEAS 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: Airwo rthiness 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

airworthin ess 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 o f 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 S ection 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 in volved. 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 airworthines s 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. SEAS 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. § 61.3: Requirements for certificates, ratings and authorizations
14 C.F.R. § 61.113(a) & (b); 61.133(a): Private Pilot Privileges and Limitations; Pilot in
Command; Commercial Pilo t Privileges and Limitations

The regulation provides that no person may serve 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 un der 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 t hat 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 airc raft in connection with any business or employment if:

(1) The flight is only incidental to that business or employment; (2) The aircraft does not carry passengers or property for compensation or hire.

Given the safety features of the eBee and the fact that the missions are pre

- programmed and

monitored in real

- time with a specific flight management software (eMotion), S EAS proposes that operators of the eBee should not be required to hold a commercial pilot certification. Instead,operators should be r equired to meet the following criteria :

a. Pass an initial aeronautical knowledge test at an FAA

- approved knowledge testing

center.

b. Be vetted by the Transportation Security Administration.

c. Upon availability, o btain an unmanned aircraft operator certificate w ith a small UAS rating.

d. Pass a recurrent aeronautical knowledge test every 24 months.

e. Be at least 1 8 years old.

f. Make available to the FAA, upon request, the small UAS for inspection or testing, and any associated documents/records required to be kept by th e FAA

. g. Report an accident to the FAA within 10 days of any operation that results in injury or property damage.

h. Conduct a preflight inspection, to include specific aircraft and control station systems checks, to ensure the small UAS is safe for operation.

SEAS has already contacted Auburn University regarding their Unmanned Aircraft Systems Flight School , which is a part of the Auburn University Aviation Center

, and will be enrolling all UAS pilots upon notification from Auburn that the classes are availab le.

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 airwort hiness 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 safe ty will be achieved by insuring compliance with the SenseFly manuals prior to each flight.

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 pe rson, vessel, vehicle, or structure. Since the aircraft wil l be operating at a

maximum of 5 00 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 com parable 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 u nit fails, an emergency landing without undue hazard to persons or property on the surface.

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

condi tions 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, SEAS believes that an equivalent level of safety is already achieved with the specific procedure preventing the eBee to accept a take

- off order i f 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

situati ons.

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 a nd 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 c ertificate. 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 serv ice.

SEAS proposes that the maintenance of the eBee will be accomplished by the owner/operator according to the maintenance manual, provided by SenseFly. SEAS requests the FAA treat the eBee training program as proprietary under 14 C.F.R. 11.35(b) and no t 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 seque nce 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

t he 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.