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13 October2014 U.S. Department ofTransportation Docket Management System 1200 NewJersey Ave., SE Washington, DC 20590 l ,..



### Re: Exemption Request Under Section 333 ofthe FAA Reform Act and Part 11 ofthe Federal Aviation Regulations Dear SitorMadam: Pursuantto Section 333 ofthe 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 ("FARs") detailed below for the eBee Mini Drone Unmanned Aircraft System manufactured by SenseFly SA ofSwitzerland. 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 itto 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 offertilizer 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 FAAPoliGyN 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 overprivate property with the permission ofthe 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 ofpeople

- The aircraft will not be operated over heavily trafficked roads

- The aircraft will not be operated within 3 NM ofan airport orheliport

- Operations will be limited to day, visual meteorological conditions -Aircraftwill remain within Visual Line ofSight at no greater than 1/2 NM ofthe PIC at all time -Whilethe aircraft is airborne, the VO will be positioned within voice distance to the PIC The PIC and VO will meetthe requirements outlined inFAA PolicyN 8900.227 Section 16 Personnel Qualifications. Additionally, the PIC and VO will perform maintenance onthe system

1 We will provide an explanationofequivalentlevel ofsafety for each exemptionrequest, but will pointbackto the benefits to agriculture andthe environmenttojustifywhythe requests are in the public interest.

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### and will complete a course ofmaintenance instruction as part oftheir initial training. Due to the simplicity ofthe system, we do not anticipate the need for a supplemental pilot. We submitthat the combination ofthe aircraft's light weight, historically demonstrated flight performance, fully qualified flight crew and strict operation under the guidelines established in 8900.227, the FAA canhave confidence that the operation will have an equivalent or greater level ofsafety ofmanned aircraft performing the same mission. The name and contact information ofthe 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 CFRPart 21

- 14 CFR 91.203

- 14 CFR 45.23, 45.29

- 14 CFR 91.9

- 14 CFR 61.113, 61.133

- 14 CFR 91.109, 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 anypart ofthis requestto satisfythe need for an equivalent level ofsafety. We look forward to working with your office. Please contact us at anytime if you require additional information or clarification. Sincerely,

President Appendices: A. Exemption Request and Equivalent Level ofSafety 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 maytechnically applyto the operation ofthe SenseFly eBee Mini Drone: 

### 14 CFRPart 21, SubpartH: Airworthiness Certificates This part establishes the procedures for the issuance ofan airworthiness certificate. While the FAA continues to work to develop airworthiness standards for UAS, werequest an experimental certificate be issued for the SenseFlyeBee Mini Drone under either orboth ofthe following provisions: 21.191 Experimental certificates. Experimental certificates areissued for the following purposes: (a) 

### Research anddevelopment. Testing new aircraft design concepts, new aircraft equipment, new aircraft installations, new aircraft operatingtechniques, 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 oftype and supplemental type certificates, flights to substantiate major design changes, and flights to show compliance with the function and reliabilityrequirements ofthe regulations.
Since the experimental certificate canbeused 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 carrypersons orproperty, 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 offoam, wepropose that the eBee Mini Drone will be at least as safe, ifnot safer, than a conventionallycertificated aircraft performingthe same mission. Ifan experimental airworthiness certificate is not appropriate for this application, then we request an exemption of 14 CPRPart 21, Subpart H, and therequirement for an airworthiness certificate in general, citing the equivalent level ofsafety outlined in the previous paragraph. 

### 14 CFR91.203(a) & 

### (b) Civil aircraft: Certifications required. Theregulation provides that an airworthiness certificate, with theregistration number assigned to the aircraft and a registration certificate mustbe aboard the aircraft. Additionally, subparagraph (b) provides that the airworthiness certificatebe "displayed at the cabin or cockpit entrance so that itis 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 ofcarryingpassengers or crew. To obtain an equivalent level ofsafety and meet the intent of91.203, wepropose that documents deemed appropriate for this aircraft bythe FAA will be co-located withthe crew at the ground control station and available for inspection uponrequest. In orderto identifythe aircraft, we propose that the information found on airworthiness and registration certificates bepermanently 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· Iffound please contact: (937)-510-6836.
14 CFR 45.23 Display ofmarks; general and 45.29 Size ofmarks. 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 displaythe 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 nothave an entrance in which the word "EXPERIMENTAL" can beplaced, and maynothave a registration number assigned to it bythe FAA.

. Wepropose to achieve an equivalent level ofsafetybyincluding the word "EXPERIMENTAL" on the top ofthe aircraft, where the PIC, VO and others in the vicinity ofthe aircraft while it is preparing for launch will be able to see the designation. Additionally, we feel that the permanent placard discussed inthe previous paragraph will providethe aircraft's registration'information should itbe found on the ground. Finally, we willdisplay at the ground station a high contrast flag orbannerthat contains the words "Unmanned Aircraft Ground s.tation" in letters 3 inches high or greater. Since the aircraft will operate within 1/2 NM ofthe 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 mayoperate an aircraft unless a current, approved flight manual is intheaircraft. We assume that the intent ofthis requirement is to ·ensure that flight manual information is available to the aircrew while operating the aircraft. Werequest an exemption to this requirement since the aircraft is not onlytoo small to carry documentation, the documentation would notbe available to the crew. To obtain an equivalent level ofsafety and meet the intent of91.9, wepropose that a current, eBee UserManual mustbe availableto 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; · · · Theregulation provides that no person that holds aprivate pilot certificate may act as pilot in command ofan aircraft for compensation orhire. Subparagraph (b) allows a privatepilotto act as pilot in command ofan aircraft in connection with anybusiness or employment if: (1) TheAppendix A flight is onlyincidental to that business or employment; and (2) The aircraft does not carry passengers orpropertyfor compensation orhire.

- Ourproposed operations meet the requirements of8900.227 para 16(c)(2)(c) "Operations without a pilot certificate" inwhichthe PIC is required to complete "FAA privatepilot ground instruction" and pass "the FAA Private Pilot 'Yritten examination." Since there are currentlyno means available for the pilot ofa UAS to gainthe experience in an equivalent category and class in orderto apply for a commercial pilot's license, weproposeto generate an equivalent level of safetybyrequiring ourpilots 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 carrypassengers orproperty, we feel we meet the intent of61.113 Subparagraph (b) even though the intent ofthis application is to conduct a business.
14 CFR91.109 Flight instruction; Simulated instrument flight and certain flight tests Theregulation provides that "No personmayoperate a civil aircraft that is beingused for flight instruction unless that aircraft has fully functioning dual controls." The eBee ground control stationis 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 ofcontrols simultaneously. ·Withboth 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 ofsafety.
' 14 CFR91.119JV{inimum safe altitudes: Gener,al. ' ''· The·regulaticin provides that over sparselypoptilated areas the aircnift cannotbe operated closer than 500 feet to anyperson, vessel, vehicle, or structure. Since the aircraft will be operating at a maximum of400 feetAGL, we cannot complywiththis requirement. · To provide an equivalent level ofsafetywewill only fly overprivate propertywith the pennission ofthe land owner. The land owner will bebriefed ofthe expected route offlight and the associated risks to persons and property on the ground. We maintain that due to the small size ofthe 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 notbe operated over congested areas. nor qver any open air assemblyofpersons. The aircraft will be operated at an altitude allowing, ifa powerunit fails, an emergencylanding without undue hazard to persons orpropertyonthe surface. 14 CFR91.121 Altimeter settings. Theregulation provides that aircraft shall maintain cruising altitudes byreference to an altimeter setting available within-100 nautical miles ofthe aircraft. The aircraft will flybelow 400 feet AGL and will not need to maintainhemispherical cruising altitudes in orderto de-conflict with other aircraft. As such, an appropriate altimetermeasurementpresentedto tP,e pilot shouldbe Above Ground Levd and shouldbebased ontheb.a:rometric pressure at the point oflaunch. To provide an equivalent level ofsafety, the UAS's AGL altimeter will be set to zero on the ground priorto everyflight. Since the aircraft will fly no more than 50 minutes, evenrapid changes in barometricpressure will havelimited affect onthe safety ofthe flight.Appendix A



### 14 CFR91.151 Fuel requirements for flightin VFR conditions. Theregulationprovides that no personmaybegin a flight in an airplane under day-VFR conditions unless there is enough fuel to fly to the first point ofintended 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 safetybuffer for go-arounds and other delays to landing. The eBee Mini Drone is battery operated and the maximum duration offlight from a single battery charge is 50 minutes. Since the aircraft will never fly more than 1/2 nm from thepoint of intended landing, a full batterycharge at launch will ensure that wemeetthereserve energy requirement ofthis paragraph. Werequest 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 primarilyresponsible for maintaining the aircraft in an airworthy condition, including compliance withpart 39 and 43. Paragraphs 91.407 and 91.409 require that the aircraftbe "approved for return to serviceby a person authorized under 43.7" after maintenance and inspection. It is our intention that the PIC perform maintenance ap.d inspection ofthe aircraft and "be authorized to approve the aircraft for return to service." The PIC will ensure that the**aircr~ft** is in an airworthy conditionprior to flight and cond!Jct detailed inspections after every 10 hours. Maintenanceperformedbythe PIC is limited to repairing small cracks, replacing a propeller, and updating software and firmware. All other maintenance will beperformedbythe manufacturer. The PIC will document workperformed in accordance with 91.417. We feelthat due to the size, construction, and simplicityofthe aircraft, the PIC can ensure an equivalent level ofsafety. 

### 8900.227 Paragraph 16(c)(4) PIC Medical. and Paragraph 16(e)(1) Observer Medical. This policyprovides that both the PIC and VO must have a valid FAA second-class medical certificate issuedunderpart 67 in order to perform as a pilot or observer. The aircraft weighs 1.5 pounds and is constructed out offoam. Requiring the crew to meet the same medical requirements as a commercial pilot can)'ingpassengers in a large aircraft is an unnecessaryburden. 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. Giventhe unlikely event that both the PIC and VO become medically incapacitated while the aircraft is inflight, the eBee Mini Drone will recover autonomouslyto the landing location designated priorto 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) ofthe 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 ofwhether 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 ofthis 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 ofthe legal theory of recovery, shall in no event exceed the actual out-of-pocket costs ofthe injured Party incurred in the performance ofthis Agreement. Permission is granted for aerial imagery collection of property located at the following address(es):

By signing this form, I affirm underpenalty ofperjury that I am authorized to give consent to entryby3DAerial staffas described above.*

Print Name and Title Signature Date

*The signer ofthis form must be an individual or authorized representative of a legal entitythat: • owns fee title and is in possession ofthe 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