:;AERIAl!__. 

13 October 2014 

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE 

Washington, DC 20590 

l , .. 

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

Aviation Regulations 

Dear Sit or Madam: 

Pursuant to Section 333 of the FAA Modernization and Reform Act of2012 (the "Reform Act") 

and 14 C.F.R. Part 11, 3D Aerial Solutions LLC ("3DAERIAL"), seeks an exemption from 

Federal Aviation Regulations ("F ARs") detailed below for the eBee Mini Drone Unmanned 

Aircraft System manufactured by SenseFly SA of Switzerland. 

The requested exemption would support an application for a commercial Certificate of 

Authorization to use the system to support agriculture. The eBee Mini Drone system consists of 

a lightweight (1.5 lb) battery operated aircraft, a PC-based ground control station, and associated 

communications equipment. The aircraft carries an onboard geo-referenced still camera that 

allows it to conduct precision photogrammetry and crop scouting at the resolutions necessary for 

precision agriculture. This high-resolution data can direct variable seeding rates as well as the 

precise application of fertilizer and chemicals reducing their use. This data helps farmers to 

maximize yields while reducing costs and impacts to the environment. By approving these 

exemptions, the FAA will create benefits to both agriculture and the environment which are 

ultimately in the public.interest. 1 

The aircraft will be operated in the field with both a Pilot in Command (PIC) and a ground-based 

Visual Observer (VO) in accordance with FAAPoliGy N 8900.227 Section 14 "Operational 

Requirements for UAS" with the following additional restrictions: 

- All operations will occur in Class G airspace at no more than 400' AGL 

- Operations will be operated over private property with the permission of the land owner 

- The aircraft will not be operated over urban or populated areas 

- The aircraft will not be operated at air shows or over an open-air assembly of people 

- The aircraft will not be operated over heavily trafficked roads 

- The aircraft will not be operated within 3 NM of an airport or heliport 

- Operations will be limited to day, visual meteorological conditions 

-Aircraft will remain within Visual Line of Sight at no greater than 1/2 NM of the PIC at all time 

-While the aircraft is airborne, the VO will be positioned within voice distance to the PIC 

The PIC and VO will meet the requirements outlined in FAA Policy N 8900.227 Section 16 

Personnel Qualifications. Additionally, the PIC and VO will perform maintenance on the system 

1 We will provide an explanation of equivalent level of safety for each exemption request, but will point back to the 

benefits to agriculture and the environment to justify why the requests are in the public interest. 

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and will complete a course of maintenance instruction as part of their initial training. Due to the 

simplicity of the system, we do not anticipate the need for a supplemental pilot. 

We submit that the combination of the aircraft's light weight, historically demonstrated flight 

performance, fully qualified flight crew and strict operation under the guidelines established in 

8900.227, the FAA can have confidence that the operation will have an equivalent or greater 

level of safety of manned aircraft performing the same mission. 

The name and contact information of the applicant are: 

3D Aerial Solutions LLC 

Attn: Bret Givens 

Ph: 937-620-5359 

Email: bgivens@3daerial.com 

The regulations from which the exemption is requested are as follows: 

- 14 CFR Part 21 

- 14 CFR 91.203 

- 14 CFR 45.23, 45.29 

- 14 CFR 91.9 

- 14 CFR 61.113, 61.133 

- 14 CFR 91.1 09, 91.119 

- 14 CFR 91.121, 91.151 

- 14 CFR Subpart E (91.401 - 91.417) 

-FAA Policy 8900.227 Paragraph 16(c)(4) and Paragraph 16(e)(1) 

We are prepared to modify or amend any part of this request to satisfy the need for an equivalent 

level of safety. We look forward to working with your office. Please contact us at any time if 

you require additional information or clarification. 

Sincerely, 

President 

Appendices: 

A. Exemption Request and Equivalent Level of Safety 

B. Permission Form 

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Appendix A 

EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY 

3D Aerial Solutions requests an exemption from the following regulations as well as any 

additional regulations that may technically apply to the operation of the SenseFly eBee Mini 

Drone: 

14 CFR Part 21, Subpart H: Airworthiness Certificates 

This part establishes the procedures for the issuance of an airworthiness certificate. While the 

FAA continues to work to develop airworthiness standards for UAS, we request an experimental 

certificate be issued for the SenseFly eBee Mini Drone under either or both ofthe following 

provisions: 

21.191 Experimental certificates. 

Experimental certificates are issued for the following purposes: 

(a) Research and development. Testing new aircraft design concepts, new aircraft 

equipment, new aircraft installations, new aircraft operating techniques, or new 

uses for aircraft. 

(b) Showing compliance with regulations. Conducting flight tests and other 

operations to show compliance with the airworthiness regulations including 

flights to show compliance for issuance of type and supplemental type 

certificates, flights to substantiate major design changes, and flights to show 

compliance with the function and reliability requirements of the regulations. 

Since the experimental certificate can be used for commercial purposes such as market surveys, 

sales demonstrations, and customer crew training, we would expect that an experimental 

certificate would permit our commercial purpose as well. 

The aircraft will not carry persons or property, will not carry fuel, and will only fly under strict 

operational requirements. Combined with the fact that the aircraft weighs only 1.5 pounds and is 

constructed primarily out of foam, we propose that the eBee Mini Drone will be at least as safe, 

if not safer, than a conventionally certificated aircraft performing the same mission. 

If an experimental airworthiness certificate is not appropriate for this application, then we 

request an exemption of 14 CPR Part 21, Subpart H, and the requirement for an airworthiness 

certificate in general, citing the equivalent level of safety outlined in the previous paragraph. 

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

The regulation provides that an airworthiness certificate, with the registration number assigned to 

the aircraft and a registration certificate must be aboard the aircraft. Additionally, subparagraph 

(b) provides that the airworthiness certificate be "displayed at the cabin or cockpit entrance so 

that it is legible to passengers or crew." At 1.5 lbs, the eBee is too small to carry documentation, 

does not have an entrance, and is not capable of carrying passengers or crew. 

To obtain an equivalent level of safety and meet the intent of 91.203, we propose that documents 

deemed appropriate for this aircraft by the FAA will be co-located with the crew at the ground 

control station and available for inspection upon request. In order to identify the aircraft, we 

propose that the information found on airworthiness and registration certificates be permanently 

affixed to the aircraft via placard: 
Manufacturer: SenseFly SA 

Model: eBee Mini Drone 

Serial Number: 202-02-01 

Register'ed to: 

· 3D Aerial Solutions LLC 

4725 Constitutional Court 

' Dayton, OH 45440 i· 

If found please contact: (93 7)-51 0-6836. 

14 CFR 45.23 Display of marks; general and 45.29 Size of marks. 

Appendix A 

These regulations provide that each aircraft must display "N" and the aircraft's registration 

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

"EXPERIMENTAL" in letters at least 2 inches high near the entrance to the cabin, cockpit, or 

pilot station. The 1.5 pound eBee Mini Dronedoes not have an entrance in which the word 

"EXPERIMENTAL" can be placed, and may not have a registration number assigned to it by the 

FAA. . 

We propose to achieve an equivalent level of safety by including the word "EXPERIMENTAL" 

on the top of the aircraft, where the PIC, VO and others in the vicinity of the aircraft while it is 

preparing for launch will be able to see the designation. Additionally, we feel that the permanent 

placard discussed in the previous paragraph will provide the aircraft's registration' information 

should it be found on the ground. Finally, we will display at the ground station a high contrast 

flag or banner that contains the words "Unmanned Aircraft Ground s.tation" in letters 3 inches 

high or greater. Since the aircraft will operate within 1/2 NM of the ground station, the banner 

should be visible to anyone that observes the aircraft and chooses to investigate it's point of 

ongm. 

14 CFR 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. We assume that the intent of this requirement is to ·ensure that flight 

manual information is available to the aircrew while operating the aircraft. We request an 

exemption to this requirement since the aircraft is not only too small to carry documentation, the 

documentation would not be available to the crew. 

To obtain an equivalent level of safety and meet the intent of 91.9, we propose that a current, 

eBee User Manual must be available to the crew at the ground station anytime the aircraft is 

in, or preparing for, flight. · 

14 CFR 61.113 Private pilot privileges and limitatio~s: Pilot in Command and 61.133 

Commercial pilot privileges and limitations; · · · 

The regulation provides that no person that holds a private pilot certificate may act as pilot in 

command of an aircraft for compensation or hire. Subparagraph (b) allows a private pilot to act 

as pilot in command of an aircraft in connection with any business or employment if: (1) The 
Appendix A 

flight is only incidental to that business or employment; and (2) The aircraft does not carry 

passengers or property for compensation or hire. -

Our proposed operations meet the requirements of 8900.227 para 16( c )(2)( c) "Operations 

without a pilot certificate" in which the PIC is required to complete "FAA private pilot ground 

instruction" and pass "the FAA Private Pilot 'Yritten examination." Since there are currently no 

means available for the pilot of a UAS to gain the experience in an equivalent category and class 

in order to apply for a commercial pilot's license, we propose to generate an equivalent level of 

safety by requiring our pilots to complete, at a minimum, FAA commercial pilot ground 

instruction and pass the FAA Commercial Pilot .written exa.IIlination in addition to completing 

the private pilot requirements. Since the aircraft cannot carry passengers or property, we feel we 

meet the intent of 61.113 Subparagraph (b) even though the intent of this application is to 

conduct a business. 

14 CFR 91.109 Flight instruction; Simulated instrument flight and certain flight tests 

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

instruction unless that aircraft has fully functioning dual controls." The eBee ground control 

station is based on a small hand-held computer and while it does not offer a second set of 

"controls", both the student and instructor can, and will, operate the single set of controls 

simultaneously. ·With both student and instructor having "hands-on" the controls during flight, 

we feel that this technique meets the intent 91.109 and provides an equivalent level of safety. 

' 14 CFR 91.119JV{inimum safe altitudes: Gener,al. ' ''· 

The·regulaticin provides that over sparsely poptilated areas the aircnift cannotbe 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, we cannot comply with this requirement. · 

To provide an equivalent level of safety we will only fly over private property with the 

pennission of the land owner. The land owner will be briefed of the expected route of flight and 

the associated risks to persons and property on the ground. We maintain that due to the small 

size of the eBee Ag, the hazard to persons, vessels, vehicles, and structures is not comparable to 

manned aircraft and should be considered in granting the exemption. The aircraft will not be 

operated over congested areas. nor qver any open air assemblyofpersons. 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. 

The regulation provides that aircraft shall maintain cruising altitudes by reference to an altimeter 

setting available within-100 nautical miles ofthe aircraft. The aircraft will fly below 400 feet 

AGL and will not need to maintain hemispherical cruising altitudes in order to de-conflict with 

other aircraft. As such, an appropriate altimeter measurement presented to tP,e pilot should be 

Above Ground Levd and should be based on the b.a:rometric pressure at the point oflaunch. To 

provide an equivalent level of safety, the UAS's AGL altimeter will be set to zero on the ground 

prior to every flight. Since the aircraft will fly no more than 50 minutes, even rapid changes in 

barometric pressure will have limited affect on the safety of the flight. 
Appendix A 

14 CFR 91.151 Fuel requirements for flight in VFR conditions. 

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

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

that for at least 30 minutes. We feel the intention ofthis paragraph is to provide a reserve of 

energy as a safety buffer for go-arounds and other delays to landing. 

The eBee Mini Drone is battery operated and the maximum duration of flight from a single 

battery charge is 50 minutes. Since the aircraft will never fly more than 1/2 nm from the point of 

intended landing, a full battery charge at launch will ensure that we meet the reserve energy 

requirement of this paragraph. We request an exemption to the word "fuel" and ask for an 

equivalent interpretation with the word "energy". 

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 part 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. It is our intention that the PIC perform maintenance ap.d 

inspection of the aircraft and "be authorized to approve the aircraft for return to service." 

The PIC will ensure that the aircr~ft is in an airworthy condition prior to flight and cond!Jct 

detailed inspections after every 10 hours. Maintenance performed by the PIC is limited to 

repairing small cracks, replacing a propeller, and updating software and firmware. All other 

maintenance will be performed by the manufacturer. The PIC will document work performed in 

accordance with 91.417. We feelthat due to the size, construction, and simplicity of the aircraft, 

the PIC can ensure an equivalent level of safety. 

8900.227 Paragraph 16(c)(4) PIC Medical. and Paragraph 16(e)(1) Observer Medical. 

This policy provides that both the PIC and VO must have a valid FAA second-class medical 

certificate issued under part 67 in order to perform as a pilot or observer. The aircraft weighs 1.5 

pounds and is constructed out of foam. Requiring the crew to meet the same medical requirements as 

a commercial pilot can)'ing passengers in a large aircraft is an unnecessary burden. 

We propose that the minimum medical requirements be vision corrected to 20/20 and a valid, stateissued driver's license. The 20/20 vision requirement will ensure that the PIC and VO can see and 

avoid air traffic. Given the unlikely event that both the PIC and VO become medically incapacitated 

while the aircraft is in flight, the eBee Mini Drone will recover autonomously to the landing location 

designated prior to launch without crew intervention. 
Appendix B 

Permission to Collect Aerial Imagery over Property 

By signing this permission, the signer consents to aerial image collection by 3D Aerial Solutions LLC 

(3D Aerial) of the project site or facility which is being farmed and, to the .extent necessary, areas adjacent 

to the site or facility. This permission allows 3D Aerial staff to enter upon and around such property in order 

to collect aerial imagery over the'project site or facility, without prior notice, between the hours of 7:00a.m. 

and 6:00p.m. Monday through Sunday. If 3D Aerial staff should wish to collect imagery at any other times, 

3D Aerial staff will so notify the applicant and will obtain a separate consent for such a collection. 

Imagery collection may take place regardless of whether the signer or an agent is present. In the event 

that the project site or facility is posted with any form of "posted" Or "keep out" notices, or fenced in with an 

unlocked gate, this permission authorizes 3D Aerial staff to disregard such notices or unlocked gates at the 

time of the collection. The signer further agrees that during imagery collection, 3D Aerial staff may capture 

physical characteristics of the site including, but not limited to, taking measurements of the project site or 

facility. The following rules apply during the execution of all imagery collection done by 3D Aerial staff under 

this permission: 

' . \" 

1. Flight Operations. A Pilot in Command (PIC) will be in control of all aerial imaging assets. All flights will 

occur within line of sight and include a trained Visual Observer (VO). All aerial imaging assets flown will be 

less than 5 pounds. 

2. Rights to data/imagery being collected. Data/imagery, and other information conceived, developed, or 

produced in the course of this permission shall remain the property of 3D Aerial. The signer and agent 

maintain unlimited rights to modify and disseminate all data/imagery and information. 

3. Compliance with Laws. In the course of performance hereunder, the Parties shall comply with all 

applicable local, state, and federal laws and regulations. 

4. Costs/Liability Limitation.· Except in the event of a Party's gross negligence or willful misconduct; the 

aggregate liability of a Party to the other Party for claims, damages, costs, actions, or liabilities arising from 

or related to this Agreement, regardless of the legal theory of recovery, shall in no event exceed the actual 

out-of-pocket costs of the injured Party incurred in the performance of this Agreement. 

Permission is granted for aerial imagery collection of property located at the following address(es): 

By signing this form, I affirm under penalty of perjury that I am authorized to give consent to 

entry by 3D Aerial staff as described above.* 

Print Name and Title Signature Date 

*The signer of this form must be an individual or authorized representative of a legal entity that: 

• owns fee title and is in possession of the property identified above; 

• maintains possessory interest in the property through a lease, rental agreement or other legally binding document; or 

• is provided permission to act on behalf of an individual or legal entity possessing fee title or other possessory interest in 

the property for the purpose of consenting to imagery collection of such property