July 1st, 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 Madam, Sir,

Pursuant to Section 333 of the FAA Modernizati on and Reform Act of 2 012 (the “Reform Act”)
and 14 C.F.R. Part 11, William H. Smith And Associ ates, Inc. (“WHS”), an operator of the eBee Unmanned Aircraft System (“eBee” ) seeks an exemption from the Federal Aviation Regulations (“FARs”) listed below:

 14 C.F.R. 21

 14 C.F.R. 61.133(a) (b)

 14 C.F.R. 91.7(b)

 14 C.F.R. 91.119

 14 C.F.R. 91.151(a)

 14 CFR Subpart E (91.401 - 91.417)

The requested exemption would authorize comme rcial operations using the eBee for mapping, training, agricultural and survey applications. These operations will be subject to strict operating requirements defined in the eBee user manual (W HS requests the 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 and conditions defined in the paragraph 3.

WHS was established in 1967 by Wi lliam H. Smith. Bought out in the 80’s by his step son John I. Dolinar, the family business was maintained with high standards and ethics to various industries and public. Following the footsteps of John, hi s son William H. Dolinar bought the company and continues the family business as a 3 rd generation owner with his wife Stacey L. Do linar. Will and Stacey have grown WHS since 2008 fr om a single office to eight offi ces in five states servicing clientele in both Surveying and Engineering prac tices in the Oil and Gas Industry for Pipelines, Access Roads, Well Locations, and the mining s ector preparing volumetric measurements, asbuilts, planning and construction staking as well as development for subdivisions, GIS systems, street, water and sewer rehab’s, highway recons truction, reclamation, dams and reservoirs. WHS creates plats, maps, alignment sheets, right-of-ways, easements, legal descriptions, aerial maps boundaries, water shed studies, civil engineering and land surveying.

Unmanned Aerial Vehicles is at the leading ed ge of technology, where WH S strives to be whilebetter servicing their clients with data and information that is as accurate as possible. Traditional methods of total Stations, GPS and public map databases do not have the accuracy or resolution of UAV data. UAV data lead to more efficiency and cost-effectiveness for project planning. The UAV can gather more information to see th e “Bigger Picture” that you would miss with traditional technology. Use of a UAVs will make for a safer work place for WHS employees while not having to place them in high-risk areas on project sites. The majority of our clientele is continually asking UAV data, and we want to start meeting these needs.

With eBee’s track record, we feel we have fo und a solution to further our relations with our clients and help be a leader for the new age of UAV data.

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) platform made of flexible foam that performs pre-programmed precision aerial mapping

missions thanks to the on-board GPS and the rela ted flight management software (eMotion) that allows the operator to plan safely and efficiently a mission in 3D, and then monitor 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 launc h it by hand and let it land on almost any surface without requiring a parachute or landing net (belly land). Its low impact en ergy (38 J in case of a controlled emergency 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 electric 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 artificial intelligence incor porated within the eB ee 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 aircraft should it become necessary to respond emergent circumstances, thanks to the remote controller provided with the system.2. APPLICATIONS

WHS intends to use the eBee for aerial mapping, contouring, photography and research. We will
be able to create point-cloud data allowing us to build a digital terrain model from which we will
contour the ground and design roads and well locati ons. We will map drainages for water shed
studies and design dams. Areas of flooding can be mapped with the eBee for emergency flood
situations with FEMA, and to keep our employees out of harm’s way.

Other areas we intend to use the eBee for are as follows:

 Topographic studies

 Imaging for Alignment Sheets

 Natural and Cultural Information

 Strip maps

 Volumetric Measurements

 Drainage Studies

 Remediation

 As-builts

 Project updates and Reporting

 Geological/Formation Information

 Aerial Photography

3. APPLICABLE LEGAL STANDARD UNDER SECTION 333

a. Airworthiness a ssessment of the eBee

William H. Smith And Associates, In c. notes that the airworthiness of the eBee has already been demonstrated for different projects in the Unite d 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-ebeeairworthiness-assessment , and the USACE New Orleans, who c oordinated with the Department of Army and the FAA to obtain all authorizations required in order to operate the eBee UAS). Moreover the eBee already received 15 Exemptions from the FAA.

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

 Switzerland (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 appr oval for VLOS operations)

 Norway (flight approval for VLOS operations)

 Sweden (flight approval for VLOS operations)

 Denmark (flight approval for VLOS operations)b. Operating requirements

Grant of the exemption to William H. Smith And Associates, Inc. for the eBee will be subject to the following operating conditions:

 1. Operations authorized by this grant of exem ption are limited to the SenseFly eBee when weighing less than 55 pounds including payload. Pr oposed 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 tele vision 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 restric tion. In no case will the UA be operated at airspeeds greater than the maximum UA opera ting 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 hu man vision unaided by any device other than corrective lenses, as specified on the PIC’s F AA-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 al ways maintains VLOS capability. The VO and

PIC must be able to communicat e verbally at all times; electronic messaging or texting is not permitted during flight operations. The PIC must be designated before the flight and cannot transfer his or her designation for the duration of the flight. The PIC must ensure that the VO can perform the duties required of the VO.

 7. This exemption and all documents needed to operate the UAS and conduct its operations in accordance with the conditions and limitations stated in this grant of exemption, are hereinafter referred to as the operating documents. The operating documents must be accessible during UAS operations and made available to the Administrator upon request. If a discrepancy exists between the conditions and limitations in this exemption and the procedures outlined in the operating documents, the conditions and limitations herein take precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in its operating documents. The operator may update or revise its operating documents. It is the operator’s responsibility to track such revisions and present updated and revised doc uments 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 any update or revision would affect the basis upon which the FAA granted this exemption, then the operator must petition for an amendment to its grant of exemption. The FAA’s UAS Integration Offi ce (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 co mponent, must undergo a functional test flight prior to conducting further operations under this exemption. Functional test flights may only be conducte d by a PIC with a VO and must remain at least 500 feet from other people. The functional test flight must be conducted in such a manner so as to not pose an undue hazard to persons and property.

 9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is in a condition for safe operation.

 10. Prior to each flight, the PIC must conduct a pre-flight inspection and determine the UAS is in a condition for safe flight. The pre-flight inspection must account for all potential discrepancies, e.g. inoperable componen ts, items, or equipment. If the inspection reveals a condition that affects the safe opera tion 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 follo w the UAS manufacturer’s maintenance, overhaul, replacement, inspection, and life limit require ments for the aircraft and aircraft

components.

 12. Each UAS operated under this exemption mu st comply with all manufacturer safety

bulletins.

 13. Under this grant of exemption, a PIC must ho ld either an airline transport, commercial, private, recreational, or sport pilot certifi cate. The PIC must also hold a current FAA

airman medical certificate or a va lid U.S. driver’s license issued by a state, the District of Colombia, Puerto Rico, a territory, a possessi on, or the Federal government. The PIC must also meet the flight review requirements sp ecified 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 ma nner consistent with how the UAS will be operated under this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from pers ons, vessels, vehicles and structures. PIC qualification flight hours and currency must be logged in a manner consistent with 14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs (training, proficiency, and experience-building) and determining the PIC’s ability to safely operate the UAS in a manner consistent with how the UAS will be operated under this exemption are permitted under the terms of th is exemption. However, training operations may only be conducted during dedicated trai ning sessions. During training, proficiency, and experience-building flights, all persons not essential for flight operations are considered nonparticipants, and the PIC must operate the UA with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119.

 15. UAS operations may not be conducted duri ng night, as defined in 14 CFR § 1.1. All operations must be conducted under visual meteorological conditions (VMC). Flights under special visual flight rule s (SVFR) are not authorized.

 16. The UA may not operate within 5 nautical m iles of an airport reference point (ARP) as denoted in the current FAA Airport/Facility Di rectory (AFD) or for airports not denotedwith an ARP, the center of the airport sym bol 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 th e 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 it s GPS signal, the UA must return to a predetermined location within the private or controlled-access property.

 19. The PIC must abort the flight in the even t of unpredicted obstacles or emergencies.

 20. The PIC is prohibited from beginning a f light unless (considering wind and forecast weather conditions) there is enough available power for the UA to conduct the intended operation and to operate after that for at least five minutes or with the reserve power recommended by the manufacturer if greater.

 21. Air Traffic Organization (ATO) Certificat e of Waiver or Authorization (COA). All operations shall be conducted in accordance with an ATO-issued COA. The exemption holder may apply for a new or amended COA if it intends to conduct operations that

cannot be conducted under the te rms of the attached COA.

 22. All aircraft operated in accordance with th is 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 pa rt 45, Subpart C. Markings must be as large as practicable.



 23. Documents used by the operator to ensure th e safe operation and f light 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 an y time the aircraft is operating. These

documents must be made available to the Ad ministrator 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 PI C 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 su fficiently protect nonparticipating persons from the UA and/or debris in the event of an accident. The operator must ensure that nonparticipating persons remain under such protection. If a situation arises where nonparticipating persons leave such protection and are within 500 feet of the UA, flight operations must cease immediately in a manne r 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 ha s made a safety assessment of the risk of operating closer to those objects and determined that it does not present an undue hazard.ANNEX A: EXEMPTION REQUEST AND EQUIVALENT LEVEL OF SAFETY

SHOWINGS UNDER APPLICABLE RULES SUBJECT TO EXEMPTION

William H. Smith And Associates, Inc. requests an exemption from the following regulations as well as any additional regulations that may t echnically apply to the operation of the eBee:

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates
14 CFR § 91.203(a) (1)

Section 91.203 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). Given the size of the eBee, its very light weight (the maximum ta ke-off weight is 1.7 pounds) a nd the limited operating area

associated with its utilizati on, it is unnecessary to go through th e 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 re quirement for an airworthiness certificate, upon consideration of the size, weight, speed, opera tional 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 certifi cate, under the conditions proposed in that exemption, will be at least as safe, or safer, th an a conventional aircraft with an airworthiness certificate. A proprietary risk assessment for oper ations with the eBee, which demonstrates that assertion, is also being submitted to the FAA as part of this applica tion. William H. Smith And Associates, Inc. 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. § 61.3: Requirements for certif icates, ratings and authorizations
14 C.F.R. § 61.113(a) & (b); 61.133(a): Private P ilot Privileges and Limitations; Pilot in
Command; Commercial Pilot Privileges and Limitations

The regulation provides that no person may 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 accessible 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 that 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 connec tion with any business or employment if:

(1) The flight is 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 sp ecific flight management software (eMotion), SenseFly proposes that operators of the eBee should not be require d to hold a commercial pilot certification. Instead, operators should be required to:Have a sport or recreational pilot license (at least) and have successfully passed a manufacturer’s training program for the eBee.

14 C.F.R. § 91.7(a): Civ il aircraft airworthiness

This regulation requires that no person may operat e a civil aircraft unless it is in airworthy condition. Should the exemption be granted allo wing commercial operati on of the eBee without
an airworthiness certificate, no st andard will exist for airworthine ss 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/nmsuuas-flight-test-center-conducts-ebee-airworthiness-assessment

 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 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 SenseFly manuals prior to each flight.

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, vehicle, or st ructure. Since the aircraft will be operating at a
maximum of 400 feet AGL, the eBee ca nnot comply with this requirement.

The equivalent level of safety will be achie ved because the eBee will only fly over private property with the permission of the landowner. Th e 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 expected route of flight and the associated risk s to persons and property on the ground. Due to the

small size of the eBee and the ma terial 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.

Moreover, the aircraft will not be operated over congested areas nor over any open-air assembly of persons. The aircraft will be operated at an altitude allowing, if a power unit fails, an emergency landing without undue hazard to persons or property on the surface.

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 th e first point of intended landing and to fly after

that for at least 30 minutes.

Given the area of operation for the eBee, William H. Smith And Associates, Inc. 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 warn ings and has implemented a “return to Home” (and “Go Land”) action in these situations.14 CFR Subpart E (91.401 - 91.417) - Mainte nance, Preventive Maintenance, and

Alterations

The regulation provides that the operator is primarily responsible for maintaining the aircraft in an airworthy condition, including compliance with Parts 39 and 43. Para graphs 91.407 and 91.409 require that the aircraft be "approved for return to service by a person authorized under 43.7" after maintenance and inspection. Section 91.409(a) (2) re quires an annual inspection for the issuance of an airworthiness 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.

William H. Smith And Associates, Inc. proposes that the maintenance of the eBee will be accomplished by the owner/operator according to the maintenance manual, provided by SenseFly. William H. Smith And Associates, Inc. request s the FAA treat the eBee training program as proprietary under 14 C.F.R. 11.35(b) and not include this document in the public docket.

An equivalent level of safety will be achieved because the eBee is small in size, it is not a complex mechanical device, it will carry no external payload, and it will operate only in restricted predetermined areas. Moreover, the operator is the person most familiar with the aircraft and is

best suited to maintain the aircraft in an airwor thy condition and to ensure an equivalent level of safety. Finally, before every flight, the eBee runs automatically a sequence of pre-flight tests to make sure that every sensor and every critical pa rt is running properly. If a problem is detected,

the eBee will not be able to be switched-on and a me ssage error is displayed on the main screen of the flight management software . The operator can then refer to the maintenance manual to troubleshoot this issue. Several pa rts of the eBee are easily interc hangeable (propellers, wings), which allows the operator to make sure the wi ngs and propulsion system are always airworthy

when a mission is initiated.