August 28

, 2015

Exemption No. 12647 Regulatory Docket No. FAA

− 20 15

− 1030

Mr. McCain McMurray New Fields Knowledge Management

730 17th St reet Denver, CO 80202

Dear Mr. McMurray :

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 dated April 8, 2015 , you petitioned the Federal Aviation Administration (FAA) on

behalf of New Fields Knowledge Management ( hereinafter petitioner or operator ) for an exemption . The petitioner requested to operate an unmanned ai rcraft system (UAS) to

conduct aerial surveys

.

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 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 th is petition would be detrimental to the petitioner

.

Airworthiness Certification

The UAS proposed by the petitioner is a SenseFly eBee

.

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 Section 333 of P ublic Law 112

− 95 in reference to 49 U

. S

. C

. § 44704, and in consideration of the size, weight, speed, and limited operating area associated with the2

aircraf t 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 requirements of part 36, is

not necessary.

The Basis for Our Decision

You have requested to use a UAS for aerial data collection 1

. 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

cre w, 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 f or 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, New Fields Knowledge Management 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 limi tations listed

below.

1 Aerial data collection includes any remote sensing and measuring by an instrument(s) aboard the UA. Examples include imagery (photography, video, infrared, etc.), electronic measurement (precision surveying, RF analysis, etc.), chemical measurement (par ticulate measurement, etc.), or any other gathering of data by

instruments aboard the UA.3

Conditions and Limitations

In this grant of exemption, New Fields Knowledge Management is hereafter referred to as

the operator.

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 when weighing less than 55 pounds including payload. Proposed operations of any

other aircraft will re quire 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 h older 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 ;

e lectronic 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 dur ing 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,4

the conditions and limitations herein take pr ecedence 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 operator must also present updated and revised documents if it petitions for extension or amendment to this grant of exemption. If the operator determine s 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 FA A’s UAS Integration Office (AFS− 80) may be contacted if questions arise regar ding 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 pr ior 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 po se 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

UA S 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 requi rements 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 government. The PIC must also m eet 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.5

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 l ogged in a manner consistent with

14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs (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 permitted 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 p ersons 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 1 4 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

denote d in the current FAA Airport/Facility Directory (AFD) or for 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 obtai ned 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 sign al, the UA must return to a

pre

- determined location within the pr ivate or controlle d

- 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 c onduct the intended operation and to operate after that for at least five minutes or with the reserve power recommended by the manufacturer if greater.

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All operations shall be c ond 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

.6

22. All aircraft operated in accordance with this exempti on 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.

23. Documents used by the operator to en sure 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 a ccident. 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 mann er 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 tho se 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 operation 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

.7

If this exemption permits operations for the purpose of closed

- set motion picture and television filming and production, the following addition al conditions and limitations apply.

29. The operator must have a motion picture and television operations manual (MPTOM) as documented in this grant of exemption.

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 a rea of proposed filming. The 3

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

must include at l east 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. Make, mode l, 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 specifi ed 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 91.8

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

Sincerely,

/s/

John S. Duncan Director, Flight Standards Service

Enclosures4/ 8 /15

U.S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE Washington, DC 20590

Filed with www.regulations.gov

Re : Re: Request for Summary Gra nt of Exemption Under Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations

Dear Madam, Sir,

Through a partnership with New Mexico State University’s Flight Test Center, NewFields has been successfully operating under a COA since September 2014; conducting surveys of a
Colorado mine site with th e eBee UAS . The research conducted under this COA has yielded valuable information regarding the safe operations of the eBee at industrial facilities, which NewFields will leverage to ensure a high level of safety during future UAS operation s. The
S ummary Grant Exemption under Section 333 requested here would permit NewFields to provide valuable services to its clients through UAS operations that, because of their remote locations, secure facilities and the operators’ experience with unmanned aviation safet y, pose a minimal level of risk to others in the air and on the ground.

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”) and 14 C.F.R. Part 11, NewFields Knowledge Management (“ NewFields ”), an operator of the

eBee Unmanned Aircraft System (“eBee”) seeks a summary grant of exemption from the Federal Aviation Regulations (“FARs”) listed below based on exemption No. 11263 previously issued by

the Federal Aviation Administration on April 1 , 2015:

• 14 C.F.R. Part 21

• 14 C.F.R. 45.23

• 14 C.F.R. 45.29

• 14 C.F.R. 61.23

• 14 C.F.R. 61.3

• 14 C.F.R. 61.113(a) & (b)

• 14 C.F.R. 61.133(a)

• 14 C.F.R. 91.7(a)

• 14 C.F.R. 91.9

• 14 C.F.R. 91.109(a)

• 14 C.F.R. 91.119

• 14 C.F.R. 91.121• 14 C.F.R. 91.151(a)

• 14 C.F.R. 91.203

• 14 CFR Subpar t E (91.401

- 91.417)

The requested exemption would authorize commercial operations using the eBee for mapping and survey applications. These operations will be subject to strict operating requirements defined

in the eBee user manual ( NewFields requests t he FAA treat the eBee training program as proprietary under 14 C.F.R. 11.35(b) and does not include this document in the public docket) in order to ensure at least an equivalent level of safety to currently authorized operations using

manned aircrafts.

1. CHARACTERISTICS OF THE AIRCRAFT

The eBee is a small (37.8 inches wingspan) and ultra

- light (maximum take

- off weight of 1.7 pounds) p latform made of flexible foam that performs pre

- programmed precision aerial mapping
missions thanks to the on

- board GPS and the related flight management software (eMotion) that allows the operator to plan safely and efficiently a mission in 3D, and then m onitor it in real

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

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

area.

The four main characteristics of the eBee are:

a. Very light weight

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

b. Electric

- powered

The eBee is e lectric powered. A brushless engine technology makes it silent and reliable. The propeller is attached with a rubber band to the body of the plane so that it can easily flex away in case of contact with any object.

c. Semi

- automatic flight

The artificia l 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 for Manual control

Additionally, the eBee provides an override capability that allows the operator to take manual actions during the flight (Go to Home, Go Land, Hold and Resume the mission) and also suspend automated operations and take manual control of the aircr aft should it become necessary to respond to emergent circumstances, thanks to the remote controller provided with the system.2. APPLICATIONS

The eBee will be used to perform aerial surveys of industrial facilities , agricultural facilities and

ener gy infrastructure

, including mining operations, smelting operations, Superfund sites, pipelines, solar energy plants and electrical utilities. The targeted survey sites are typically located in very remote locations with access often strictly controlled th rough security checkpoints.

The data collected during the survey will be used to create aerial imagery, elevation models and vegetation index maps for the survey sites. These datasets will be used to provide high resolution and high accuracy data for volu metric measurements; mapping vegetation health; engineering and design work; monitoring environmental compliance; facilitating construction management; and marketing.

3. APPLICABLE LEGAL STANDARD UNDER SECTION 333

a. Airworthiness assessment of the eBee

NewFields notes that the airworthiness of the eBee has already been demonstrated for different projects in the United States, involving state/federal agencies or universities (among others the New Mexico State University: https://newscenter.nmsu.edu/Articles/view/10208/nmsu

- uas

- flight

test

- center

- conducts

- ebee

- airworthiness

- assessment , and the USACE New Orleans, who
coordinated with the Department of Army and the FAA to obtain all authorizations required i n order to operate the eBee UAS).

Moreover, SenseFly obtained flight approvals for the eBee (delivered by national civil aviation authorities) in many countries, including :

• S witzerland (flight approval for VLOS operations)

• Canada (flight approval for VLOS operations)

• Australia (flight approval for VLOS operations)

• France (flight approval for Extended

- VLOS operations)

• Germany (flight approval for VLOS operations)

• United Kingdom (flight approval for VLOS operations)

• Norway (flight approval for VLOS operations)

• Sweden (flight approval for VLOS operations)

• Denmark (flight approval for VLOS operations)

b. Operating requirements

In this summary grant of exemption request

, NewFields is hereafter referred to as the operator.

A summary grant of exemption to NewFields for the eBee will be subject to the same operating conditions issued by the Federal Aviation Administration, without deviation or alteration, in exemption No. 11 263 on Ap ril 1 , 2015. The operating restrictions are summarized below:

1. Operations authorized by this grant of exemption are limited to the eBee when weighing less than 55 pounds including payload. Proposed operations of any other aircraft will require a new
pet ition 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 7 airspeeds greater than the maximum UA operating airspeed recommended by the aircraft manufacturer.

4. The U A 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 hum an 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 durin g 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 prece dence 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 update d and revised documents to the Administrator or any law enforcement official upon request. The operator must also present updated and revised documents if it petitions for extension or amendment to this grant of exemption. If the operator
determines that a ny 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 upda tes 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 un due 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 UA S 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 requ irements 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 have completed the FAA Airman Knowledge
Exam. The PIC must a lso hold a current FAA airman medical certificate or a valid U.S. driver’s license issued by a state, the District of Colombia, Puerto Rico, a territory, a possession, or the Federal government.

14. The operator may not permit any PIC to operate unless t he 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 str uctures. 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 (training, proficiency, and experience

- building) and determining the
PIC’s a bility 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 tr aining, 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. U AS 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 ru les (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, th e UA must return to a predetermined 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 win d 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 five minutes or with the reserve power recommended by the manufacturer if greater.

21. Air Traffic Organi zation (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 beconducted under th e 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 (NNumber) markings in accordance with 14 CFR part 45, Subpar t C. Markings must be as large as practicable.

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 th e 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 tha t 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 prot ection 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

per sons 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 represent ative 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 Integr ation 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.3. CONCLUSION

This request is designed to follow up on previous efforts b y the Federal Aviation Administration to determine equivalent levels of safety for UAS operations. By requesting a summary grant of exemption we hope to achieve expedited approval for UAS operations to the public’s benefit.

Yours sincerely,

McCain McMurray Remote Sensing Specialist
1730 17 th St. Suite #925

Denv er, CO 80202ANNEX A: EXEMPTION REQUEST AND EQUIVALENT LEVEL OF SAFETY

SHOWINGS UNDER APPLICABLE RULES SUBJECT TO EXEMPTION

NewFields requests an exemption from the following regulations as well as any additional regulat ions that may technically apply to the operation of the eBee:

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 CFR § 91.203

Section 91.203 requires all civil aircraft to have a certificate of airworthiness. Part 21, Subpart H,

entitled Airwort hiness Certificates, establishes the procedural requirements for the issuance of airworthiness certificates as required by FAR § 91.203(a). Given the size of the eBee, its very light weight (the maximum take

- off weight is 1.7 pounds) and the limited operat ing area associated with its utilization, it is unnecessary to go through the certificate of airworthiness process under Part 21 Subpart H in order to achieve or exceed current safety levels.

Such an exemption meets the requirements of an equivalent level of safety under Part 11 and

Section 333 of the Reform Act. The Federal Aviation Act and Section 333 of the Reform Act both authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration of the size, weight, speed, operational capability, and proximity to airports and populated areas of the UAS involved. An analysis of these different criteria demonstrates that the eBee operated without an airworthiness certificate, under the conditions proposed in that

exempt ion, will be at least as safe, or safer, than a conventional aircraft with an airworthiness certificate. A proprietary risk assessment for operations with the eBee, which demonstrates that assertion, is also being submitted to the FAA as part of this appli cation. SenseFly requests the FAA treat the eBee risk assessment as proprietary under 14 C.F.R. 11.35(b) and not include this document in the public docket.

14 C.F.R. § 45.23 & 14 C.F.R. § 45.29: Display of marks; size of marks

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 pilo t station. Given the size of the eBee (wingspan of 37.8 inches), this requirement is impossible to match. The equivalent level of safety will be achieved by having the upper part of the eBee stick with a copy of the AMA membership of the operator in charge . The AMA agrees to provide 2 original copies of the AMA license to every eBee operator.

14. CFR §61.23: Medical certificates: Requirement and duration

Regulations provide that a person:

(1) Must hold a first

- class medical certificate:

• When exercisin g the pilot

- in

- command privileges of an airline transport pilot certificate;

• When exercising the second

- in

- command privileges of an airline transport pilot certificate in a flag or supplemental operation in part 121 of this chapter that requires

three o r more pilots; or

• When serving as a required pilot flight crewmember in an operation conducted underpart 121 of this chapter if the pilot has reached his or her 60th birthday. (2) Must hold at least a second class medical certificate when exercising:

• Second

- in

- command privileges of an airline transport pilot certificate in part 121 of this chapter (other than operations specified in paragraph (a)(1)(ii) of this section); or

• Privileges of a commercial pilot certificate

Given the size of the eBee, i ts structure, the limited flight area, and the safety features integrated in the autopilot (among others the Flight Termination System), SenseFly believes that an Equivalent Level of Safety can be reached if the operator has a valid driver’s license.

14 C. F.R. § 61.3: Requirements for certificates, ratings and authorizations 14 C.F.R. § 61.113(a) & (b); 61.133(a): Private Pilot Privileges and Limitations; Pilot in Command; Commercial Pilot Privileges and Limitations

The regulation provides that no person m ay serve as a required pilot flight crewmember of a civil aircraft of the United States, unless that person:

(1) Has a pilot certificate or special purpose pilot authorization issued under this part in that person's physical possession or readily accessib le in the aircraft when exercising the privileges of that pilot certificate or authorization. However, when the aircraft is operated within a foreign country, a pilot license issued by that country may be used. The regulation provides also that no

person t hat 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 flight i s only incidental to that business or employment;

(2) The aircraft does not carry passengers or property for compensation or hire.

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

- programmed and

monitored in real

- time with a s pecific flight management software (eMotion), SenseFly proposes that operators of the eBee should not be required to hold a commercial or private pilot certification. Instead, operators should be required to:

• Have completed an AMA affiliated small unman ned aircraft systems education and training program and achieved an AMA UAS endorsement, or have successfully completed a small UAS education and training program provided by any FAA qualified entity, and;

• Have passed SenseFly’s training program for ope ration of the UAS. The manufacturer’s training program for operators has been already satisfactorily reviewed through the Application for Airworthiness Qualification Level (AQL) 3 Airworthiness Release (AWR).

The equivalent level of safety will be achieve d by having an operator trained by the AMA (or any FAA qualified entity) and SenseFly, and using the integrated features of the aircraft to maintain a high level of safety during the different missions.

14 C.F.R. § 91.7(a): Civil aircraft airworthinessT his regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. Should the exemption be granted allowing commercial operation of the eBee without an airworthiness certificate, no standard will exist for airworthines s of the eBee. Given the size of the aircraft and the previous airworthiness assessments given to the eBee, among others:

• New Mexico State University: https://newscenter.nmsu.edu/Articles/view/10208/nmsu

uasflight

- test

- center

- conducts

- ebee

- airworthiness

- assessment

• USACE New Orleans, who coordinated with the Department of Army and the FAA to obtain all authorizations require d in order to operate the eBee UAS for levee system

monitoring



## , documentation of construction progress, and extensive oblique photography

of USACE structures & activities.

An equivalent level of safety will be achieved by insuring compliance with the eBee user manual prior to each flight.

14 C.F.R. § 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. SenseFly ass umes that the intent of this requirement is to ensure that flight manual information is available to the aircrew while operating the aircraft. SenseFly requests an exemption to this requirement since the aircraft is not only too small to carry

documentatio n, but the documentation would not be available to the crew.

The equivalent level of safety will be achieved by keeping a hard copy of the eBee user manual in the eBee transport box.

14 C.F.R. § 91.109(a): Flight Instruction

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."

Flight instruction will be accomplished through an elaborated training program, using first the

simulation mode of the flight management software eMotion. The equivalent level of safety during the in

- flight training will be achieved by the manufacturer or affiliate providing the training as described in the eBee training program and through the use of experienced and qualified instructors familiar with the eBee and also members of the AMA.

14 CFR § 91.119: Minimum Safe Altitudes

The regulation provides that over sparsely populated areas the aircraft cannot be operated closer than 500 feet to any person, vessel, vehic le, or structure. Since the eBee will be operating at a maximum of 400 feet AGL, SenseFly cannot comply with this requirement.

The equivalent level of safety will be achieved because the eBee will only fly over private property with the permission of the landowner. The operator will define before every flight a working area radius and a flight area ceiling, preventing the eBee to go beyond the flight area. The landowner and the persons who may be on the ground in the flight area will be briefed of the

expe cted route of flight and the associated risks to persons and property on the ground. Due to the small size of the eBee, the material with which the eBee is built and its specific safety procedures (among others ground detection), the hazard to persons, ves sels, vehicles, andstructures is not comparable to manned aircraft and should be considered in granting the exemption. Moreover, the aircraft will not be operated over congested areas or over any open

- air assembly of persons.

14 CFR 91.121: Altimeter sett ings

This section requires that each person operating an aircraft shall maintain the cruising altitude or flight level of that aircraft, as the case may be, by reference to an altimeter that is set, when operating below 18,000 feet MSL to:

• The current reported altimeter setting of a station along the route and within 100 nautical miles of the aircraft;

• If there is no station within the area prescribed in paragraph (a)(1)(i) of this section, the current reported altimeter setting of an appropriate ava ilable station;

• In the case of an aircraft not equipped with a radio, the elevation of the departure airport or an appropriate altimeter setting available before departure.

To provide an equivalent level of safety, the eBee autopilot calculates the ref erence altitude (ground level) with the on

- board GPS during the pre

- flight tests. The GPS and barometer data

are then used to calculate the altitude in

- flight.

14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions

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

- VFR 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. As the eBee is electric

- powered, this requirement is inapplic able.

In any event, given the area of operation for the eBee, SenseFly believes that an equivalent level of safety is already achieved with the specific procedure preventing the eBee to accept a take

- off order is the battery level is below a given value. Moreover, SenseFly has integrated “low” and “critical” battery level warnings and implemented a “return to Home” (and “Go Land”) actions

in these situations.

14 C.F.R. § 91.203 (a) & (b): Carrying Civil Aircraft Certification and Registration

This regula tion provides as follows:

• No person may operate a civil aircraft unless it has an appropriate and current

airworthiness certificate.

• No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) of this section or a special flight authorization issued under §91.715 is displayed at the cabin or cockpit entrance so that it is legible to passengers or crew.

To obtain an equivalent level of safety and meet the intent of 91.203, SenseFly proposes that

documents deemed appropriate for this aircraft by the FAA will be co

- located with the operator at the ground control station in the eBee transport box and available for inspection upon request. In order to identify the aircraft, SenseFly proposes that a copy of the AMA me mbership of the operator will be permanently affixed to the eBee on the upper side of the body.14 CFR Subpart E (91.401

- 91.417): Maintenance, Preventive Maintenance, and

Alterations

The regulation provides that the operator is primarily responsible fo r maintaining the aircraft in an airworthy condition, including compliance with Parts 39 and 43. Paragraphs 91.407 and 91.409 require the aircraft to be "approved for return to service by a person authorized under 43.7" after maintenance and inspection. Se ction 91.409 requires an annual inspection for the issuance of an airworthiness certificate. Section 91.417 requires the owner or operator to keep records showing certain maintenance work that has been accomplished by certificated mechanics, under Part 43, or licensed pilots and records of approval of the aircraft for return to

service.

SenseFly proposes that the maintenance of the eBee will be accomplished by the owner or the operator according to the eBee user manual. An equivalent level of safety will b e achieved because the eBee is small in size, it is not a complex mechanical device and does carry any external payload. Moreover, the operator is the person most familiar with the aircraft and is best suited to maintain the aircraft in an airworthy condit ion and to ensure an equivalent level of safety. Finally, before every flight, the eBee automatically runs a sequence of pre

- flight tests to make sure that every sensor and every critical part is operating properly. If a problem is detected,

the eBee will not be able to be switched

- on and a message error is displayed on the main screen of eMotion. The owner or the operator can then refer to the eBee user ma nual to troubleshoot this

issue. Several parts of the eBee are easily interchangeable (propellers, win gs), which allows the operator to make sure the wings and propulsion system are always airworthy when a mission is

initiated.ANNEX B: ACADEMY OF MODEL AERONAUTICS SAFETY REQUIREMENTS

http://www.mo delaircraft.org/files/105.pdf

http://www.modelaircraft.org/files/540

- D.pdf

http://www.modelaircraft.org/files/560.pdf