### May 20
, 2015

Exemption No. 11635 Regulatory Docket No. FAA

– 2015

– 0539

Mr. Neal Hinman Ms. Elizabeth Collins Unmanned Aerial Services, LLC 1524

- 240th St reet 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 all ow the petitioner to operate an unmanned ai rcraft system (UAS) to conduct photogrammetry and crop scouting

. See Appendix A for the petition submitted to the FAA des cribing the proposed operations and the regulations that the petitioner seeks an exemption

. The FAA has determined that go od 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, C ertification procedures for products and parts, Subpart H

— Airworthiness Certificates

. In accordance with the statutory criteria provided in Se ction 333 of P ublic 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
, C ertification procedures for products and parts, Subpart H

— Airworthiness Certificates , and any associated noise certification and testing requirem ents 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 No s

. 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 Lab s , 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 ad dition 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 pre sent; 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 ex emption.

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 le nses, 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 ;
e lectronic messaging or texting is not permitted during flight operations. The PIC must be de signated 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 op erations 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 mus t 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 l aw 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 w hich the FAA granted this exemption, then the operator must petition for an amendment to its grant of exemption. The FA A’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 i s 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 inspec tion 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 maintenanc e 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 Col u mbia, Puerto Rico, a territory, a possession, or the Federal G overnment. The PIC must also meet the flight revi ew 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 t his 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). Fligh ts for the purposes of training the operator’s PICs and VOs

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(traini ng, 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 permi tted under the terms of this exemption. However, training operations may only be conducted during dedicated training sessions. During traini ng, proficiency, and experience

- building flights, all persons not essential for flight operations are considered n onparticipants, 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 fo r airports not denoted with an ARP, the center of the airport symbo l 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 o r when visibility is less than 3 statute miles from the PIC.

18. If the UAS loses communications or loses its GPS sign al, the UA must return to a pre

- determined location within the pr ivate 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 f or 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 cond ucted 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

num ber, 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 enforcem ent 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 tha t 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 nonparticipa ting 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 control led

- 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 op eration that transgresses the lateral or vertical boundaries of the operational area as defined by the applicable COA must be reported to the FA A'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 exempt ion must submit a written Plan of Activities to the local Flight Standards District Office (FSDO) with jurisdiction over the a rea of proposed filming. The 3

- day notification may be waived with the concurrence of the FSDO. The plan of activities must incl ude 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 th e person responsible for the on

- scene operation of the UAS; d. Ma ke, 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/o r 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

Enclosuresj



### \ / 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

### .\. ) 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

### \ 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.

# )

I ) 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.