Ag~ir~+eedn, +r~ 

ources 

LLC 

Civrl • Minrng • Environmental 

415 N Center St., Longview, TX 75601 

Office (903) 234-4570 Fax (903) 234-4582 

Web: www.engr-res.com 

Email: info@engr-res.com 

March 5, 2015 

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE 

Washington, DC 20590 

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

Part 11 of the Federal Aviation Regulations 

Dear Sir or Madam: 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the "Reform Act") 

and 14 CFR Part 11, Engineering Resources LLC ("ER"), an engineering consulting firm, seeks 

an exemption from the Federal Aviation Regulations ("FARs") listed below and discussed in 

Appendix A. Attached as Appendix B is a summary of this request. 

The requested exemption would permit commercial operation of both the eBee and eBee RTK 

(hereinafter jointly referred to as "eBee"), fixed wing UASs, manufactured by SenseFly Ltd (A 

Parrot Company, Route de Geneve 38, 1033 Cheseaux-Lausanne, Switzerland). The SenseFly 

eBee, which has a nominal take-off weight less than 2.0 Ibs., will perform precision aerial surveys 

that consist of still photographs taken by onboard cameras. The eBee takes a series of high 

quality, still digital images that are used to produce precision digital point clouds, triangulated 

models, and contour maps of the surveyed area. 

Mapping applications with the eBee may include agricultural applications, mining, construction 

and survey/GIS operations. The reason why the eBee solution has been very successful 

worldwide (thousands of operations in more than 50 countries) is that there are many operational 

benefits related to the use of this solution: 

• The eBee brings safety to daily survey operations: there is no need for the humans to 

access dangerous working areas anymore (mines, quarries, or polluted sites). The 

missions can be programmed and reproduced reliably as often as needed for regularly 

updated maps. 

• The eBee is a cost-effective solution. It is cheaper to operate a UAS rather than an aircraft 

or other ground systems for the same results. Moreover, small UAS like the eBee can help 

Ag businesses and farmers face the growing needs of the population while reducing 

operational costs. The eBee also enables the ability to take up new challenges -like water 

or environmental management through analysis of vegetation index maps. 

• Users can save time and work more efficiently by using the eBee. A mission does not 

need a long preparation time or long deployment constraints, or long waiting time for 
U. S. Department of Transportation 

February 9, 2015 

Page 2 

perfect weather conditions unlike, for example, the use of satellites. Initial results are 

accessible directly on-site, which is impossible with images provided by satellites or 

manned aircrafts. 

• The eBee has social benefits too: it is eco-friendly (electric-powered), and its affordability 

allows many high-valued applications like data gathering for sustainability projects 

(agribusiness, reforestation) or post-disaster management missions. 

• Use of the eBee for aerial surveys reduces the need to operate conventional aircraft for 

the same purpose and provides very high quality imagery at a fraction of the cost of 

surveys using conventional aircraft. These savings result in enhanced efficiency and 

productivity for the affected activities, as well as environmental benefits. 

Operations under the exemption will be subject to strict operating requirements and conditions to 

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

aircraft and under conditions as may be modified by the FAA as required by Section 333. 

As described more fully below, the requested exemption would authorize commercial operations 

of aerial surveys using the eBee, which at less than 2.0 Ibs. is small in size. The eBee has 

completed an airworthiness assessment, at the New Mexico State University Physical Science 

Laboratory's Unmanned Aircraft Systems Flight Test Center. The eBee will be operated under 

controlled conditions at low altitude in airspace that is limited in scope, as described more fully 

herein; it will have automated control features, as described below. The eBee also will be operated 

by an individual who holds a private pilot certificate and completed the manufacturer's training 

program for the UAS. Finally, the airspace in which the UAS will operate will be disclosed to the 

FAA in advance. 

Engineering Resources respectfully submits that because this small, unmanned aerial vehicle - 

the eBee - will be used in lieu of comparatively hazardous operations now conducted with fixed 

wing and rotary conventional aircraft, the FAA can have confidence that the operations will 

achieve at least an equivalent level or greater level of safety. Approval of this exemption would 

thereby enhance safety and fulfill the Secretary of Transportation's (the FAA Administrator's) 

responsibilities under Section 333(c) of the Reform Act to "establish requirements for the safe 

operation of such aircraft systems in the national airspace system." 

The name and address of the applicant are: 

Engineering Resources LLC 

Attn: Dan H. Metcalf, P.E. 

Ph: 903-234-4570 

Fax: 903-234-4582 

Email: dmetcalf@engr-res.com 

Address: 415 N. Center Street, Suite 4 

Longview, Texas 75601 
U. S. Department of Transportation 

February 9, 2015 

Page 3 

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

14 CFR Part 21; 

14 CFR 45.23(b); 

14 CFR 61.113(a) & (b); 

14 CFR 61.133(a); 

14 CFR 91.7(a) & (b); 

14 CFR 91.9(b)(2); 

14 CFR 91.109(a); 

14 CFR 91.119; 

14 CFR 91.151(a); 

14 CFR 91.203(a) & (b); 

14 CFR 91.319(a)(1) 

14 CFR 91.405(a); 

14 CFR 91.407(a)(1); 

14 CFR 91.409(a)(2); 

14 CFR 91.417(a). 

Appendix A discusses each rule listed above 

proposal set forth in this letter are appropriate, 

the public interest. 

and explains why exemptions pursuant to the 

provide an equivalent level of safety, and are in 

THE APPLICABLE LEGAL STANDARD UNDER SECTION 333 

Engineering Resources submits that grant of this exemption application for use of the eBee in 

precision aerial surveys will advance the Congressional mandate in Section 333 of the Reform 

Act to accelerate the introduction of UASs into the national airspace system ("NAS") if it can be 

accomplished safely. This law directs the Secretary of Transportation to consider whether certain 

UASs may operate safely in the NAS before completion of the rulemaking required under Section 

332 of the Reform Act. In making this determination, the Secretary is required to determine which 

types of UASs do not create a hazard to users of the NAS or the public or pose a threat to national 

security in light of the following: 

Very light weight 

o The eBee is so light (less than 2 Ibs) 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 kinetic energy (60 Joules ("J") at cruise speed) 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. 

• Electric-powered 

o The eBee is electric-powered. A brushless engine technology makes it silent and 

reliable. The propeller is attached with two rubber bands to the body of the plane 

so that it can easily flex away in case of contact with any object. 

Semi-automatic flight 

o The artificial intelligence incorporated within the eBee autopilot system 

continuously analyzes data from the Inertial Measurement Unit and from the 
U. S, Department of Transportation 

February 9, 2015 

Page 4 

onboard GPS and takes care of all the aspects of the flight, even in the absence 

of radio connection with the laptop. Take-off and landing phases are also fully 

controlled by the autopilot. 

Option for Manual control 

o 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 aircraft should it become necessary to respond to emergency circumstances, 

thanks to the remote controller provided with the system. 

• No operation of the UAS in within 5 nautical miles of the geographical center of an airport, 

without a letter of agreement with the airport's management; 

• No operation of the UAS over congested or densely populated areas; and 

• Operation of the UAS within visual line of sight of the operator. 

Reform Act §333(a)(1). If the Secretary determines that such vehicles "may operate safely in the 

national airspace system, the Secretary shall establish reguirementsfor the safe operation of 

such aircraft in the national airspace system." Id. §333(c) (emphasis added).' 

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This 

statutory authority, by its terms, includes exempting civil aircraft, as the term is defined under 

§40101 of the Act, from the requirement that all civil aircraft must have a current airworthiness 

certificate and those regulations requiring commercial pilots to operate aircraft in commercial 

service: 

The Administrator may grant an exemption from a requirement of a regulation prescribed 

under subsection (a) or (b) of this section or any of sections 44702-44716 of this title if the 

Administrator finds the exemption is in the public interest. 

The grant of the requested exemption is in the public interest based on the clear direction in 

Section 333 of the Reform Act; the additional authority in the Federal Aviation Act, as amended; 

the strong equivalent level of safety surrounding the proposed operations; and the significant 

public benefit, including enhanced safety and cost savings associated with transitioning to UASs 

for aerial survey photography. Accordingly, the applicant respectfully requests that the FAA grant 

the requested exemption without delay. 

I Applicant submits that this provision places a duty on the Administrator to not only process applications 

for exemptions under Section 333, but for the Administrator, if he deems the conditions proposed herein 

require modification in order to allow approval, to supply conditions for the safe operation of the UAS. ER 

welcomes the opportunity to consult with FAA staff in order to address any issues or concerns that this 

proposal may raise that they believe may require modification. 
U. S. Department of Transportation 

February 9, 2015 

Page 5 

Airworthiness of the eBee 

SenseFly has demonstrated their respective airworthiness through many and varied national and 

international projects, involving state/federal agencies or universities (among others the New 

Mexico State University: http://newscenter.nmsu.edu/Articles/view/10208/nmsu-uas-flight-testcenter-conducts-ebee-airworthiness-assessment, and the US Army Corps of Engineers 

("USACE") New Orleans, who coordinated with the Department of Army and the FAA to obtain all 

authorizations required in order to operate the eBee (UAS). Moreover, SenseFly has obtained 

flight approvals for the eBee from the national civil aviation authority in many countries, including: 

Switzerland (flight approval for Visual Line of Sight "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) 

Mandatory Operating Conditions 

Grant of the exemption to Engineering Resources will be subject to the following mandatory 

conditions, which are based upon operating conditions set forth for operation of UAS by public 

entities pursuant to Certificates of Authorization, with additional restrictions: 

• AII operations to occur in Class G airspace. 

• Operations to avoid congested or populated areas, which are depicted in yellow on VFR 

charts. 

• Operations to be conducted over private or controlled-access property. 

• Permission from land owner/controller required before commencing any flight. 

• Operations to occur during Visual Flight Rules Meteorological Conditions (VMC). 

• Aircraft to remain within Visual Line of Sight (VLOS) of the PIC. 

• Operations to occur during daylight hours. 

• Above Ground Level (AGL) altitude to be restricted to 500 feet. 

• No operation will be conducted within 5 NM of an airport, without authorization. 

• Operation will be in accordance with the NOTAM as required by the operator's COA. 

• AII required permissions and permits will be obtained from territorial, state, county or city 

jurisdictions, including local law enforcement, fire, or other appropriate governmental 

agencies. 

Operator Requirements 

Engineering Resources respectfully proposes that operator requirements should take into 

account the characteristics of the particular UAS. Certain UASs, such as the SenseFly eBee, are 

characterized by a high degree of pre-programmed control and various built-in technical 

capabilities that limit the potential for operation outside of the operating conditions set forth above. 
U. S. Department of Transportation 

February 9, 2015 

Page 6 

The eBee is an ultra-light UAV platform made of flexible foam with no sharp or hard edge 

characterized by a high level of pre-programmed control and various built-in technical capabilities 

(programming of a geo-fence, automatic wind detection) that prevent the operator doing a mission 

outside of the operating limits. AII flights are pre-programmed with GPS guidance and do not 

require human intervention; nevertheless human override is possible by clicking on one of the 

multiple "action" buttons or by using the remote controller provided with each eBee system. In the 

case of unplanned events, either the autopilot reacts immediately or the operator can choose 

between different pre-programmed or manual actions. Those procedures include a Flight 

Termination System (emergency landing procedure, triggered by the autopilot or the operator in 

charge: given its very light weight, the eBee will initiate a gliding approach to the ground at very 

low speed around the current location). Moreover, the kinetic energy of the aircraft is 60 J in-flight 

at cruise speed. In comparison, the kinetic energy of a football is about 110 J when thrown by 

hand. 

Given those safety features, recognized by the U.S. Army Corps of Engineers and the national 

aviation authority of several countries, Engineering Resources requests an exemption from the 

airworthiness certification requirements in Part 21 and the concomitant requirements in 14 CFR 

91.7(a) and 91.203 to operate an airworthy aircraft. 

Given these safety features, Engineering Resources proposes that operator (PIC) of the eBee 

should not be required to hold a commercial pilot certification. Instead, operator should be 

required to: 

• hold a private pilot certificate and a third-class airman medical certificate; 

• have completed the manufacturer's training program for operation of the UAS. 

Engineering Resources notes that the FAA has found that safety factors permitted operation of 

UASs by operators with these qualifications in the case of operations pursuant to public COAs 

when the mandatory operating conditions specified above were present. See Federal Aviation 

Administration, Notice N-8900.227, Unmanned Aircraft Systems (UAS) Operational Approval, at 

20-21 (July 30, 2013). The FAA has the statutory authority to grant exemptions to the 

requirements for and privileges associated with the grant of airmen's certificates. 49 USC 

§44701(f). 

In summary, applicant seeks an exemption from the FARs set forth above and in Appendix A to 

allow commercial operations of a small unmanned vehicle conducting precision aerial surveys. 

Approval of the exemption allowing commercial operations of the eBee for precision survey work 

will enhance safety by reducing risk. Conventional aerial survey operations, using jet or pistonpowered aircraft present risks associated with vehicles that weigh in the neighborhood of 5,000 

to 7,000 Ibs., or more, carry large quantities of fuel, passengers, and, in some cases, cargo. Such 

aircraft must fly to and from the survey location. In contrast, an eBee weighing less than 2 Ibs. 

and powered by batteries eliminates a portion of that risk given the reduced mass and lack of 

combustible fuel carried on board. The eBee is carried to the survey location, not flown there. The 

eBee will carry no passengers or crew and, therefore, will not expose any individuals to the risks 

associated with manned aircraft flights. 

Additionally, no national security issue is raised by the grant of the requested exemptions. Given 

the size, load carrying capacity, speed at which it operates, and the fact that it carries no 

explosives or other dangerous materials, the eBee poses no threat to national security. 
U. S. Department of Transportation 

February 9, 2015 

Page 7 

The operation of the eBee, weighing less than 2 Ibs., for precision surveys in accordance with the 

strict conditions outlined above, will provide an equivalent level of safety supporting the grant of 

the exemptions requested herein, including exempting Engineering Resources LLC from the 

requirements of Part 21 . 

The eBee's satisfaction of the criteria set forth in Section 333 of the Reform Act - size, weight, 

speed, operating capabilities, lack of proximity to airports and populated areas, operation within 

visual line of sight, and national security - and its showing of an equivalent level of safety as it 

may relate to the requirement for a pilot's license, provide more than adequate justification for the 

grant of the requested exemptions allowing commercial operation of the eBee in the commercial 

precision aerial survey business. 

Very truly yours, 

ENGINEERING RESOURCES LLC 

l 

Dan H. Metcalf, P.E. 

Engineering Manager 
APPENDIX A 

EXEMPTION REQUEST AND EQUIVALENT LEVEL OF SAFETY SHOWINGS UNDER 

APPLICABLE RULES SUBJECT TO EXEMPTION 

Engineering Resources LLC requests an exemption from the following regulations as well as 

any additional regulations that may technically apply to the operation of the eBee: 

14 CFR §45.23(b) — Display of marks; general 

The regulation provides: 

When marks include only the Roman capital letter "N" and the registration number is 

displayed on limited, restricted or light-sport category aircraft or experimental or 

provisionally certificated aircraft, the operator must also display on that aircraft near each 

entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor more 

than 6 inches high, the words "limited," "restricted," "light-sport," "experimental," or 

"provisional," as applicable. 

The eBee has no entrance to the cabin, cockpit, or pilot station on which the word "Experimental" 

can be placed. Given the size of the eBee (38-in wingspan), two-inch lettering will be impossible. 

The word "Experimental" will be placed on the forward fuselage in compliance with §45.29(f). 

The equivalent level of safety will be achieved by having the eBee marked on its forward fuselage 

as required by §45.29(f) where the pilot, observer, and others working with the UAV will see the 

identification of the UAS as "Experimental." 

14 CFR Part 21, Subpart H- Airworthiness Certificates 

14 CFR §91.203(a)(1) — Civil Aircraft: Certifications Required 

Section 91.203(a)(1) requires all civil aircraft to have a certificate of airworthiness. Part 21, 

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the 

issuance of airworthiness certificates as required by FAR §91.203(a)(1). Given the size of the 

aircraft (less than 2.0 Ibs.) and the limited operating area associated with its utilization, it is 

unnecessary to go through the certificate of airworthiness process under Part 21 Subpart H 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. 

In this case, an analysis of these criteria demonstrates that the eBee operated without an 

airworthiness certificate, under the conditions proposed herein, will be at least as safe, or safer, 

than a conventional aircraft (fixed wing or rotorcraft) with an airworthiness certificate. The eBee 

weighs less than 2 Ibs. fully loaded. It will not carry a pilot or passenger, will not carry flammable 

fuel, and will operate exclusively within an area pre-disclosed and in compliance with conditions 

set forth herein. Operations under this exemption will be tightly controlled and monitored by both 
Appendix A 

February 9, 2015 

Page 2 

the operator, pursuant to the conditions set forth above, and by local public safety requirements. 

The FAA will have advance notice of all operations through the filing of a NOTAM in accordance 

with the operator's COA. Receipt of the prior permission of the land owner, the size of the aircraft, 

the lack of flammable fuel, and the fact that the aircraft is carried to the location and not flown 

there all establish the equivalent level of safety. The eBee construction with absorbent material 

provides at least an equivalent level of safety to that of such operations being conducted with 

conventional aircraft that would be orders-of-magnitude larger and would be carrying passengers, 

cargo, and flammable fuel. 

Additionally, SenseFly has demonstrated their respective airworthiness through many and varied 

national and international projects, involving state/federal agencies or universities (among others 

the New Mexico State University: http://newscenter.nmsu.edu/Articles/view/10208/nmsu-uasflight-test-center-conducts-ebee-airworthiness-assessment, and the US Army Corps of Engineers 

("USACE") New Orleans, who coordinated with the Department of Army and the FAA to obtain all 

authorizations required in order to operate the eBee (UAS). 

14 CFR §61.113(a) &(b) - Private pilot privileges and limitations: Pilot in command; 

14 CFR §61.133(a) - Commercial pilot privileges and limitations. 

Section 61.113(a) &(b) limit private pilots to non-commercial operations. Unlike a conventional 

aircraft that carries a pilot, passengers, and cargo, the eBee in this case is remotely controlled 

with no passengers or property of others on board. Section 61.133(a) requires an individual with 

a commercial pilot's license to be pilot in command of an aircraft for compensation or hire. 

Engineering Resources respectfully proposes that operator requirements should take into 

account the characteristics of the particular UAS. SenseFly's eBee has a high degree of preprogrammed control and various built-in technical capabilities that strictly limit the potential for 

operation outside of the operating conditions set forth in the exemption application. Additional 

automated safety functions and safety enhancing features of the eBee include the following: 

Very light weight 

o The eBee is so light (less than 2 Ibs) 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 kinetic energy (60 Joules ("J") at cruise speed) 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. 

• Electric-powered 

o The eBee is electric-powered. A brushless engine technology makes it silent and 

reliable. The propeller is attached with two rubber bands to the body of the plane 

so that it can easily flex away in case of contact with any object. 

Semi-automatic flight 

o 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, even in the absence 

of radio connection with the laptop. Take-off and landing phases are also fully 

controlled by the autopilot. 
Appendix A 

February 9, 2015 

Page 3 

Option for Manual control 

o 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 aircraft should it become necessary to respond to emergency circumstances, 

thanks to the remote controller provided with the system. 

Given these safety features, Engineering Resources proposes that operators of the eBee should 

not be required to hold a commercial pilot's license. Instead, operators should be required to: 

• possess at least a private pilot's certificate and at least a current third-class airman medical 

certificate; 

• have completed the manufacturer's training program for operation of the UAS. 

Engineering Resources notes that the FAA has found that safety factors permitted operation of 

UASs by operators with these qualifications in the case of operations pursuant to public COAs 

where the mandatory operating conditions specified above are present. See Federal Aviation 

Administration, Notice N-8900.227, Unmanned Aircraft Systems (UAS) Operational Approval, at 

20-21 (July 30,2013). The FAA has the statutory authority, granted at 49 U.S.C.§44701(f) to waive 

the pilot requirements for commercial operations. 

Given these conditions and restrictions, an equivalent level of safety will be provided by allowing 

operation of the eBee without a commercial pilot's certificate, under the conditions set forth herein. 

The risks associated with the operation of the eBee (given its size, speed, operational capabilities, 

and lack of combustible fuel) are so diminished from the level of risk associated with private pilot 

operations or commercial operations contemplated by Part 61 with conventional aircraft (fixed 

wing or rotorcraft), that allowing operations of the UAS as set forth above meets or exceeds the 

present level of safety provided under 14 CFR §61.113(a) &(b) and does not rise to the level of 

requiring a commercial pilot to operate the aircraft under §61.133(a). 

14 CFR §91.7(a) &(b) - Civil aircraft airworthiness. 

This regulation requires that "no person may operate a civil aircraft unless it is in airworthy 

condition". 

A confidential document, Justification of airworthiness and safety assessment, is submitted 

separately to justify granting an exemption to the requirements of 14 CFR §91.7(a) An exemption 

should be granted allowing commercial operation of the eBee without an airworthiness certificate 

based on the information contained in this technical documentation. An equivalent level of safety 

will be achieved by insuring compliance with the eBee user manual prior to each flight. 
Appendix A 

February 9, 2015 

Page 4 

14 CFR §91.9(b)(2) - Civil aircraft flight manual, marking, and placard requirements 

The regulation provides: 

No person may operate a U.S.-registered civil aircraft ... 

(2) For which an Airplane or Rotorcraft Flight Manual is not required by §21.5 of this 

chapter, unless there is available in the aircraft a current approved airplane or Rotorcraft 

Flight Manual, approved manual material, markings, and placards, or any combination 

thereof. 

Given the size and configuration of the eBee, it has no ability or place to carry such a flight manual 

on the aircraft, not only because there is no pilot on board, but because there is no room or 

capacity to carry such an item on the aircraft. 

The equivalent level of safety will be achieved by keeping the flight manual at the ground control 

point where the pilot flying the UAS will have immediate access to it. 

14 CFR §91.109(a) - Flight instruction; Simulated instrument flight and certain flight tests 

14 CFR §91.319(a)(1) — Aircraft having experimental certificates: Operating Limitations: 

These regulations provide that no person may operate a civil aircraft (except a manned free 

balloon) that is being used for flight instruction unless that aircraft has fully functioning dual 

controls. 

The eBee is a remotely piloted aircraft and by design, does not have fully functional dual controls. 

Flight control is accomplished through the use of a control box that communicates with the aircraft 

via radio communications. The flight plan is pre-programmed into the auto pilot before flight and 

only in unusual circumstances will the pilot input control functions to alter the pre-programmed 

flight. If instruction is accomplished through a training program, an equivalent level of safety will 

be assured. The FAA has approved exemptions for flight training without fully functional dual 

controls for a number of aircraft and for flight instruction in experimental aircraft. The equivalent 

level of safety will be achieved by the manufacturer providing the training as outlined in the "eBee 

Training Documentation" and through the use of experienced and qualified pilots familiar with the 

eBee. 

14 CFR §91.119 - Minimum Safe Altitudes 

Section 91.119 establishes safe altitudes for operation of civil aircraft. Specifically, 91.119(c) limits 

aircraft flying over areas other than congested areas to an altitude of 500 feet above the sun`ace, 

except over open water or sparsely populated areas. In those cases, the aircraft may not be 

operated closer than 500 feet to any person, vessel, vehicle, or structure. 

As set forth herein, the eBee will never operate at higher than 500 feet AGL. It will, however, be 

operated to avoid congested or populated areas that are depicted in yellow on VFR sectional 

charts. Because aerial survey work must be accomplished at relatively low altitudes and at 

altitudes less than 500 feet AGL, an exemption from Section 91.119(c) is needed. 

The equivalent level of safety will be achieved given the size, weight, speed, and material with 

which the eBee is built. Also, no flight will be taken without the permission of the land owner or 
Appendix A 

February 9, 2015 

Page 5 

those who control the land. Because of the advance notice to the landowner, all affected 

individuals will be aware of the survey flights. Compared to aerial survey operations conducted 

with aircraft or rotorcraft weighing far more than 2 Ibs. and carrying flammable fuel, any risk 

associated with these operations will be far less than those currently allowed with conventional 

aircraft operating at or below 500 feet AGL. Indeed, the low-altitude operations of the UAS will 

maintain separation between these small-UAS operations and the operations of conventional 

aircraft that must comply with Section 91.119. 

14 CFR §91.151(a) - Fuel Requirements for Flight in VFR Conditions 

This regulation prohibits an individual from beginning "a flight in an airplane under VFR conditions 

unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first 

point of intended landing and, assuming normal cruising speed -(1) During the day, to fly after 

that for at least 30 minutes; or (2) At night, to fly after that for at least 45 minutes." 

As the eBee is electric-powered, this requirement is inapplicable. In any event, given the area of 

operation for the eBee, Engineering Resources 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 "criticaP' battery 

level warnings and implemented a"return to Home" (and "Go Land") actions in these situations. 

Engineering Resources believes that an exemption from 14 CFR §91.151(a) is safe and within 

the scope of a prior exemption. See Exemption 10673 (allowing Lockheed Martin Corporation to 

operate without compliance with §91.151(a)). Operating the small UAS, without 30 minutes of 

reserve fuel does not engender the type of risks that Section §91.151(a) was meant to prevent 

given the size and speed at which the UAS operates. The fact that it carries no pilot, passenger, 

or cargo also enhances its safety. 

14 CFR §91.203 (a) &(b) - Civil aircraft: Certifications Required 

This regulation provides as follows: 

(a) ... no person may operate a civil aircraft unless it has ... an appropriate and current 

airworthiness certificate. 

(b)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. 

The eBee fully loaded weighs no more than 2 Ibs. As such, there is no ability or place to carry 

certification and registration documents or to display them on the UAS. In addition, there is no 

pilot on board the aircraft. 

An equivalent level of safety will be achieved by keeping these documents at the ground control 

point where the pilot flying the UAS will have immediate access to them. The FAA has issued 

numerous exemptions to this regulation. 
Appendix A 

February 9, 2015 

Page 6 

14 CFR §91.405(a) — Maintenance required 

14 CFR §407(a)(1) — Operation after maintenance, preventive maintenance, rebuilding, or 

alteration; 

14 CFR §409(a)(2) - Inspections; 

14 CFR §417(a) - Maintenance records 

Section 91.405(a) requires that an aircraft operator or owner "shall have that aircraft inspected as 

prescribed in subpart E of this part and shall between required inspections, except as provided in 

paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter 

...." Section 91.407 similarly makes reference to requirements in Part 43; Section 91.409(a)(2) 

requires an annual inspection for the issuance of an air worthiness certificate. Section 91.417(a) 

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. 

Engineering Resources 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 be 

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 condition 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 manual to troubleshoot this 

issue. Several parts of the eBee are easily interchangeable (propellers, wings), which allows the 

operator to make sure the wings and propulsion system are always airworthy when a mission is 

initiated. 
APPENDIX B 

Summnrized for purposes of Fecleral Register publication: 

Applicant seeks an exemption from the following rules: 

14 CFR Part 21; 14 CFR 45.23(b); 14 CFR 61.113(a) &(b); 14 CFR 61.133(a); 14 CFR 91. 7(a) &(b); 

14 CFR 91. 9(b)(2); 14 CFR 91.109(a); 14 CFR 91.119; 14 CFR 91.1 SI (a); 14 CFR 91.203(a) &(b); 14 

CFR 91.319(a)(1) 14 CFR 91.405(a); 14 CFR 91.407(a)(1); 14 CFR 91. 409(a)(2); 14 CFR 91.417(a) to 

operate commeYcially a small acnmanned vehicle (SSlbs or less) attgmenting its engineering ancl surveying 

operations.