May 20, 2015

Exemption No. 11635

Regulatory Docket No. FAA–2015–0539

Mr. Neal Hinman

Ms. Elizabeth Collins

Unmanned Aerial Services, LLC

1524 - 240th Street

Webster City, IA 50595

Dear Mr. Hinman and Ms. Collins:

This letter is to inform you that we have granted your request for exemption. It transmits our 

decision, explains its basis, and gives you the conditions and limitations of the exemption, 

including the date it ends.

By letter posted March 6, 2015, you petitioned the Federal Aviation Administration (FAA) on 

behalf of Unmanned Aerial Services, LLC. (hereinafter petitioner or operator) for an 

exemption. The exemption would allow the petitioner to operate an unmanned aircraft system 

(UAS) to conduct photogrammetry and crop scouting.

See Appendix A for the petition submitted to the FAA describing the proposed operations and 

the regulations that the petitioner seeks an exemption.

The FAA has determined that good cause exists for not publishing a summary of the petition 

in the Federal Register because the requested exemption would not set a precedent, and any 

delay in acting on this petition would be detrimental to the petitioner.

Airworthiness Certification

The UAS proposed by the petitioner is a senseFly eBee Ag.

The petitioner requested relief from 14 CFR part 21, Certification procedures for products 

and parts, Subpart H—Airworthiness Certificates. In accordance with the statutory criteria 

provided in Section 333 of Public Law 112−95 in reference to 49 U.S.C. § 44704, and in 
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consideration of the size, weight, speed, and limited operating area associated with the 

aircraft and its operation, the Secretary of Transportation has determined that this aircraft 

meets the conditions of Section 333. Therefore, the FAA finds that the requested relief from 

14 CFR part 21, Certification procedures for products and parts, Subpart H—Airworthiness 

Certificates, and any associated noise certification and testing requirements of part 36, is 

not necessary.

The Basis for Our Decision

You have requested to use a UAS for aerial data collection. The FAA has issued grants of 

exemption in circumstances similar in all material respects to those presented in your petition. 

In Grants of Exemption Nos. 11062 to Astraeus Aerial (see Docket No. FAA−2014−0352), 

11109 to Clayco, Inc. (see Docket No. FAA−2014−0507), 11112 to VDOS Global, LLC (see

Docket No. FAA−2014−0382), and 11213 to Aeryon Labs, Inc. (see Docket No. 

FAA−2014−0642), the FAA found that the enhanced safety achieved using an unmanned 

aircraft (UA) with the specifications described by the petitioner and carrying no passengers or 

crew, rather than a manned aircraft of significantly greater proportions, carrying crew in 

addition to flammable fuel, gives the FAA good cause to find that the UAS operation enabled 

by this exemption is in the public interest.

Having reviewed your reasons for requesting an exemption, I find that—

 They are similar in all material respects to relief previously requested in Grant of 

Exemption Nos. 11062, 11109, 11112, and 11213;

 The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and 

11213 also apply to the situation you present; and 

 A grant of exemption is in the public interest.

Our Decision

In consideration of the foregoing, I find that a grant of exemption is in the public interest. 

Therefore, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701, 

delegated to me by the Administrator, Unmanned Aerial Services, LLC is granted an 

exemption from 14 CFR §§ 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a), 61.315(a), 

91.7(a), 91.119(c), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 

91.417(a) and (b), to the extent necessary to allow the petitioner to operate a UAS to perform 

aerial data collection. This exemption is subject to the conditions and limitations listed 

below.

Conditions and Limitations

In this grant of exemption, Unmanned Aerial Services, LLC is hereafter referred to as 

the operator.
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Failure to comply with any of the conditions and limitations of this grant of exemption will be 

grounds for the immediate suspension or rescission of this exemption.

1. Operations authorized by this grant of exemption are limited to the senseFly eBee Ag

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 exemption.

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 airspeed 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 than 400 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 

corrective 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. The 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 conduct its 

operations 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 

Administrator 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 operator 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 any law enforcement official upon request. The 
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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. Any 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 operator 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 maintenance 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 Columbia, 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 be 

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 

14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs 
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(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 exemption 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 are 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 conducted 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 Directory (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 issued 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 

horizontally 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 PIC 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 operation and to operate after that for at least 5 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 accordance 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 identified 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.
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23. Documents used by the operator to ensure the safe 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 Administrator 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 operations 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 accident. 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 ensuring 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 objects 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 property 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 operation 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.

If this exemption permits operations for the purpose of closed-set motion picture and 

television filming and production, the following additional conditions and limitations apply.

29. The operator must have a motion picture and television operations manual (MPTOM) 

as documented in this grant of exemption.
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30. At least 3 days before aerial filming, the operator of the UAS affected by this 

exemption must submit a written Plan of Activities to the local Flight Standards 

District Office (FSDO) with jurisdiction over the area of proposed filming. The 3-day 

notification may be waived with the concurrence of the FSDO. The plan of activities 

must include at least the following:

a. Dates and times for all flights;

b. Name and phone number of the operator for the UAS aerial filming conducted 

under this grant of exemption;

c. Name and phone number of the person responsible for the on-scene operation of 

the UAS;

d. Make, model, and serial or N−Number of UAS to be used;

e. Name and certificate number of UAS PICs involved in the aerial filming;

f. A statement that the operator has obtained permission from property owners 

and/or local officials to conduct the filming production event; the list of those 

who gave permission must be made available to the inspector upon request;

g. Signature of exemption holder or representative; and

h. A description of the flight activity, including maps or diagrams of any area, city, 

town, county, and/or state over which filming will be conducted and the altitudes 

essential to accomplish the operation.

31. Flight operations may be conducted closer than 500 feet from participating persons 

consenting to be involved and necessary for the filming production, as specified in the 

exemption holder’s MPTOM.

Unless otherwise specified in this grant of exemption, the UAS, the UAS PIC, and the UAS 

operations must comply with all applicable parts of 14 CFR including, but not limited to, 

parts 45, 47, 61, and 91.

This exemption terminates on May 31, 2017, unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan

Director, Flight Standards Service

Enclosures
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Unmanned Aerial Services, LLC. 

1524 - 240th St 

Webster City, Iowa 

50595 

515-832-4366 

To whom it may concern, 

Enclosed is a petition requesting exemption to sections of CFR 14 under Section 333 of the FAA 

Modernization and Reform Act of 2012. 

This letter is written for exemption from parts: FAR 21, 45.1(a)(b)(c), 61.3, 61.113(a) & (b), 

61.133(a), 91.103(b)(2), 91.105, 91.109(a), 91.319(a)(1), 91.119, 91.121, 91.151, 91.203(a) & (b), 

91.407(a)(1), 91.409(a)(1) & (2), and 91.417(a) & (b) of Title 14, Code of Federal Regulations (14CFR) and 

FAA Order 8900.1 val. 16. This letter is written as required Section 333. This letter also includes 

procedures and "plans" to c/w current regulations the UAS will fall under. This proposed exemption 

would allow Unmanned Aerial Services, LLC. to operate the eBee Ag UAS to conduct photogrammetry 

and crop scouting in order to perform precision agriculture, which is a farming management concept 

based on observing, measuring, and responding to inter and intra field variability in crops. 

Approval of exemption for Unmanned Aerial Services, LLC. will allow commercial operations of 

a UAS to conduct photogrammetry and crop scouting in rural areas. The PIC will be at least a licensed 

private pilot with at minimum a 3rd class medical certificate. The requested exemption should be 

granted because operation of the eBee will be conducted in strict conditions, will provide an equivalent 

level of safety, as Congress intended, while still allowing commercial operations. The seven factors 

Congress directed the FAA to consider when approving Section 333 exemption petitions: size, weight, 

speed, operational capability, proximity to airports, proximity to populated areas, and operation within 

visual line of sight. In particular, the eBee is small, and will operate at slow speeds (The normal cruise 

speed is 25-56 MPH), at 400FT AGL or less, inform and receive permission from any airport within 5 

miles of a work area, work with aircraft spray operators, work with area Coops and file Notams if and 

when necessary. In addition, all PIC's and VO will have the experience with class G airspace, as they use 

it more often than not. 

Thank you for your consideration, 

Neal Hinman Elizabeth Collins 
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Pursuant to 14 C.F.R. 11.35, Unmanned Aerial Services, LLC. requests confidential treatment for certain 

information provided with this request for exemption. Specifically, Unmanned Aerial Serviced, LLC. 

requests that information contained in its extended user manual, maintenance procedures, training 

documentation, and justification of airworthiness and safety assessment not be made public due to 

proprietary information that the application has not and will not share with others. 

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

survey applications. These operations will be subject to operating requirements defined in the eBee user 

manual and conditions defined by the Safety Code of Academy of Model Aeronautics in order to ensure 

at least an equivalent level of safety to currently authorized operations using manned aircrafts. 

Attachments and Definitions 

Unmanned Aerial Services, LLC. will be known Petitioner 

eBee Ag UAS manufactured by senseFiy Ltd of Switzerland will be known as eBee 

Justification of airworthiness and safety assessment dated 04/04/14 Version V02, known as exhibit A 

eBee training documentation dated 09/13/13 Version V2.0, will be known as exhibit B 

eBee maintenance procedures dated 12/23/13 Version Vl.O,will be known as exhibit C 

eBee extended user manual dated 9/2014 Revision 12, will be known as exhibit D 

The eBee will be operated by individuals who fulfill the following requirements: 

Has successfully passed a manufacture's training program for the eBee. 

Has at minimum a Private Pilot license. 

Has at minimum of a 3'd class medical. 

Description of the eBee: 

The eBee is small and light weight made of flexible foam that performs pre-programed aerial mapping 

missions. Equipped with an on-board GPS and the related flight management software (eMotion) it 

allows the operator to plan safely and efficiently a mission in 3D, and then monitor it in real time. The 

camera is 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 
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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. Its low impact energy also significantly reduces the risk 

of hazardous situations. 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 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 an 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 of 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 

operation and take manual control of the aircraft should it become necessary. 

) Operating requirements: 

Operations to be conducted over private, controlled access or public property where approved 

Written permission from the land owner/ authority required before any flight 

Operations over congested areas will be prohibited 

Operations will not interfere with manned aircraft operations 

Operations limited to VFR and daylight hours 

eBee operations will be within VLOS with pilot and Visual Observer (VO) 

Flight ceiling pre-programed at 400 feet 

All operations conducted within 5 miles of an airport will only be initiated after written 

coordination with an airport authority 

The eBee operations will be compliant with existing safety procedures inherent to the activities 

of the related company 

FAR Compliance: 

The petitioner requests relief from Part 21. The items used to manufacture the eBee are not FAA/PMA 

approved, partially as to why I am filling this petition. However, the parts installed in the eBee have 

been tested by Sense Fly, and proven effective by these test sights, other countries, and previously 

excepted FAA exemptions. 
The Petitioner requests exemption from Part 45. Part 45.1 (a) for aircraft and identification of engine 

and propeller that are manufactured under the terms of a type or production certificate: The eBee was 

not manufactured under these terms. (b) identification of certain replacement and modified parts for 

type certificated products. The eBee is not and does not have type certificated products. (c) Given the 

size of the eBee, this requirement is impossible to match. 

The Petitioner requests exemption from Part 61.3, 61.113(a) & (b), 61.133(a). Given the safety features 

of the eBee and the fact that the missions are pre-programmed and monitored in real time with specific 

flight management software, the pilot should not be required to hold a commercial pilots license. 

The Petitioner supports 91.103(b) (2). After having written permission from an airport authority, the 

petitioner will take wind and temperature into consideration. 

The Petitioner requests exemption from 91.105. The eBee does not carry flight crew members. 

The Petitioner requests exemption from 91.109(a) and 91.319(a) (1). The eBee is not equipped with dual 

flight controls. Flight instruction will be accomplished through an elaborated training program. See 

Exhibit B. Using first the flight management software eMotion. The equivalent level of safety during the 

training will be achieved by an eBee authorized distributor providing the training through the use of 

experienced and qualified operators familiar with the eBee. 

The Petitioner requests exemption from Part 91.119. The eBee will be operating at a maximum of 400 

-) feet AGL, the eBee cannot comply with this requirement. The eBee will only fly over private property 

with the written permission of the landowner, or public property where approved. The operator will 

define before every flight a working area radius and 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 intended route of flight and the associated risks to persons and property on the ground. 

They will be asked to sign a consent form. 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. The eBee will not be operated over 

congested areas nor over any open-air assembly of persons. The eBee will be operated at an altitude 

allowing, if a power unit fails, an emergency landing without in due hazard to persons or property on the 

surface. 

The Petitioner requests exemption from Part 91.121. The eBee is not equipped with an altimeter. To 

provide an equivalent level of safety, the eBee autopilot calculates the ground level with the on-board 

GPS during the pre-flight tests. The GPS and barometer data are merged with their respective precisions. 

The GPS provides reliable information to correct potential barometric bias, while rapid variations in 

altitude are detected though the barometer. 

The Petitioner supports 91.151. The Petitioner believes that an equivalent level of safety is already 

achieved with the specific procedure preventing the eBee to accept a take-off order if the battery level 

is below a given value. Moreover, Sense Fly has integrated "low" and "critical" battery level warnings and 

implemented a "return to Home" and "go land" actions in these situations. 
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The Petitioner supports Part 91.203 (a) & (b) but requests a leniency. The eBee only weighs 1.7 pounds. 

As such, there is no ability or place to carry the certification and registration documents, or to display 

them on the eBee. In addition, there are no persons on board. To obtain an equivalent level of safety, 

Petitioner proposes that the certification and registration documents be located with ground crew and 

available upon request. 

The Petitioner requests exemption from 91.405(a), 91.407(a) (1), 91.409(a) (1) and (2), and 91.417(a) & 

(b). The Petitioner proposes that the maintenance of the eBee will be accomplished by the 

owner/operator according to exhibit C. The equivalent level of safety will be achieved. 

Before every flight the eBee automatically runs a sequence of pre-flight tests to ensure that 

every sensor and every critical part is operating properly. If a problem is detected, the eBee will not be 

able to be switch-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 the issue. Several 

parts of the eBee are easily interchangeable, which allows the operator to make sure the wings and· 

propulsion system are always airworthy when a mission is initiated. All maintenance and alterations will 

be properly documented in the UAS records. 

Any UAS that has undergone maintenance or alteration that affect the eBee operation 

or flight characteristics will undergo a functional test flight in accordance with Exhibit C. The PIC who 

conducts the functional test flight will make an entry in the UAS record of the flight. 

Petitioner will follow the senseFiy aircraft I component maintenance, overhaul, 

replacement, inspection, and life limit requirements for the applicable components. 

Each UAV operated under the exemption will comply with all manufactures SB's. 

Conclusion: 

This request for exemption will make the ability to define a decision support system for the whole farm 

with a goal of optimizing returns on inputs while preserving resources. The ability to locate precise 

position in a field allows for the creation of maps for many variables to be measured; e.g. crop yields, 

terrain features, organic matter content, moisture levels, nitrogen levels, etc. These maps can be 

interpolated onto a common grid for comparison. Help determine the single areas of issue instead of 

treating an entire field. This will help with our economy starting with the rural farmer and ending in the 

consumer's hand.