1

26 May 2015

Pierre le Roux

Vice President & Director Geospatial Intelligence Solutions, Emergency Response & Unmanned Systems

7027 Old Madison Pike Suite 108, Huntsville, AL 35806

P: +1.256.799.0215

M:+1.256.653.7818

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 Modernization and Reform Act of 2012 (the “Reform Act”) and 14 C.F.R. Part 11, Quantum Spatial Inc. (hereafter referred to as “Applicant”) an operator of the eBee Unmanned Aircraft System (“eBee”) and manufactured by SenseFly, 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 commercial operations using the eBee for various applications.

These operations will be subject to strict operating requirements defined in the eBee user manual. This user manual has already been submitted to the FAA by SenseFly ( the manufacturer of the eBee) in its re quest resulting in the FAA granting exemption no. 11263 on April 1, 2015 . The operation of the eBee will further b e subject to conditions defined in the paragraph 3.

Since this petition for exemption is similar to approvals of previous requests involving the eBee, Applicant requests that this petition for exemption be processed under the “summary grant” (see https://www.faa.gov/news/updates/?newsId=82485 ) process.

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 related flight management so ftware (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 us ed later to generate maps and contour lines of the surveyed area.2

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 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 shar p 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 i t can easily flex away in case of contact with any object.

c. Semi

- automatic flight

The artificial intelligence incorporated within the eBee autopilot system continuously analyzes data from the Inertial

Measurement Unit and from the onboard GPS and take s 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, Hol d 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

Applications w ith unmanned aerial systems, like the eBee (hereafter referred as the “sUAS” ), include aerial data acquisition applications, such as for agricultural applications, mining, construction, mapping and survey/GIS operations.

The sUAS offers many operational benefits, which include:

a. Bringing safety to daily aerial imaging 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.

b. The sUAS is a cost

- effective solution

c. Users can save time and work more efficiently by using the sUAS: A mission does not need a long preparation time or long deployment constraints, or long waiting time for p erfect weather conditions unlike, for example, the use of satellites. Initial results are available and accessible directly on

- site.

d. Social benefits: The sUAS is eco

- friendly (electric

- powered), and its affordability allows many high

- valued applications like data gathering for sustainability projects or post

- disaster management missions.3

3. APPLICABLE LEGAL STANDARD UNDER SECTION 333

a. Airworthiness assessment of the eBee

APPLICANT notes that the airworthiness of the eBee has already bee n 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 USA CE 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 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 approva l 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 o perations)

b. Operating Conditions

Grant of the exemption to APPLICANT, will be subject to the following operating conditions, based on the operating conditions set forth by the AMA (see Annex B), and the factors the FAA is to consider under section

333. The main restrictions are summarized below:

 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 require a new petition o r a petition to amend this exemption.

 The Unmanned Aircraft (UA) may not be operated at a speed exceeding 87 knots (100 miles per hour). The exemption holder may use either groundspeed or calibrated airspeed to determine compliance with the 87 knot speed restriction. In no case will the UA be operated at airspeeds greater than the maximum UA operating airspeed recommended by the aircraft manufacturer.

 The UA must be operated at an altitude of no more than 400 feet above ground level (AGL). Altitude must

b e reported in feet AGL.

 The UA must be operated within visual line of sight (VLOS) of the Pilot

- in

- Command (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.

 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 re quirement 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 designated4 before the flight and can not 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.

 This exemption, should it be granted, 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 pr ocedures 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 of ficial 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 grante d this exemption, then the operator must petition for an amendment to its grant of exemption. The FAA’s UAS Integration Office (AFS

- 80) may be contacted if questions arise regarding updates or revisions to the operating documents.

 Any UAS that has undergo ne 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 fligh ts may only be conducted by a PIC with a VO and must remain at least 500 feet from other people. The functional test flight must be conducted in such a manner so as to not pose an undue hazard to persons and property.

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

 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 al l 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 t he UAS is found to be in a condition for safe flight.

 The operator must follow the UAS manufacturer’s maintenance, overhaul, replacement, inspection, and life limit requirements for the aircraft and aircraft components.

 Each UAS operated under this exemption must comply with all manufacturer safety bulletins.

 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 ce rtificate 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. The PIC must also meet the flight review requirements specified in 14 CFR § 61.56

in an aircraft in w hich the PIC is rated on his or her pilot certificate.

 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, includin g evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PIC qualification flight hours and currency must be logged in a manner consistent with 14 CFR § 61.51(b). Flights for the purposes of tr aining 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 t his exemption.5 However, training operations may only be conducted during dedicated training sessions. During training, proficiency, and experience

- building flights, all persons not essential for flight operations are considered nonparticipants, and the PIC must operate the UA with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119.

 UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All operations must be conducted under visual meteorological conditions ( VMC). Flights under special visual flight rules (SVFR)

are not authorized.

 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 a n 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

agree ment with the airport management must be made available to the Administrator or any law enforcement official upon request.

 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 tha n 3 statute miles from the PIC.

 If the UAS loses communications or loses its GPS signal, the UA must return to a pre

- determined location within the private or controlled

- access property.

 The PIC must abort the flight in the event of unpredicted obstacle s or emergencies.

 The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough available power for the UA to conduct the intended operation and to operate after that for

at least five minutes or w ith the reserve power recommended by the manufacturer if greater.

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

conducted in accordance with an ATO

- issued COA. The exemption holder may apply for a new or amended COA if it intends to conduct operations that cannot be conducted under the terms of the attached COA.

 All aircraft operated in accordance with this exemption must be identified by serial number, registered in accordance with 14 CFR part 47, an d have identification (N

- Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must be as large as practicable.

 Documents used by the operator to ensure the safe operation and flight of the UAS and any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the PIC at the Ground Control Station of the UAS any time the aircraft is operating. These documents must be made available to the Administrator or any law enforcement official upon request.

 The UA must remain clear a nd give way to all manned aviation operations and activities at all times.

 The UAS may not be operated by the PIC from any moving device or vehicle.

 All Flight operations must be conducted at least 500 feet from all nonparticipating persons, vessels, vehicles, and structures unless:

o Barriers or structures are present that sufficiently protect nonparticipating persons from the UA and/or debris in the event of an accident. The operator must ensure that nonparticipating persons remain under such protecti on. If a situation arises where nonparticipating persons leave such6 protection and are within 500 feet of the UA, flight operations must cease immediately in a manner ensuring the safety of nonparticipating persons; and

o 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 t rainees or essential persons are not considered nonparticipating persons.

 All operations shall be conducted over private or controlled

- access property with permission from the property owner/controller or authorized representative. Permission from propert y owner/controller or authorized representative will be obtained for each flight to be conducted.

 Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the operational area as defined by the applicable COA mus t be reported to the FAA's UAS Integration Office (AFS

- 80) within 24 hours. Accidents must be reported to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov

.

c . Operating Requirements

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 wi nd detection) that prevent the operator doing a mission outside of the operating limits. All 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 “act ion” 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, t he 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 the above described safety features, recognized by the U.S. Army Corps of Engineers and the nati onal aviation authority of several countries, APPLICANT requests an exemption from the airworthiness certification requirements in Part 21 and the concomitant requirements in 14 C.F.R. 91.7(a)) and 91.203 to operate an airworthy aircraft.

APPLICANT also proposes that operators of the eBee should not be required to hold a commercial or private pilot certification, and hereby requests an exemption from the pilot certification requirements in the Federal Aviation Act and Part 61. Pilot certification requirem ents for manned aircraft are neither necessary nor appropriate in many respects for operators of small, ultra

- lightwei ght UAVs. There are undoubtedly ATP

- certificated pilots who nonetheless would need training to operate a UAV safely; conversely, the UAV t raining regimen includes

instruction for non

- certificated operators in those aspects of safe operation in the National Airspace System (“NAS”) that are relevant to the UAV and the UAS operation. The FAA has authority under both section 333 and its general waiver and exemption authority in 49 U.S.C. 44701(f) to waive the statutory pilot certification requirement upon a showing that the required UAS training achieves an equivalent level of safety.

To achieve as well as exceed an equivalent level of safety, operators will be required to:

 Have completed an AMA affiliated small UAS 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;7

 Have passed the UAS manufacturer’s training program for operation of the UAS. The manufacturer’s training program for operators has been already satisfactorily reviewed through the Application for Airworthiness Qualification Level (AQL) 3 Airworthin ess Release (AWR).

Please see Annex A for a detailed explanation of each regulation from which an exemption is sought and the equivalent level of safety showing.

3. CONCLUSION

Applicant’s Petition for Exemption satisfies the criteria articulated in Section 333 of the Reform Act of 2012 including weight, speed, operating capabilities, proximity to airports and populated areas, operation within visual

line

- of

- sight and national se curity.

APPLICANT submits in this petition a pragmatic approach to allow the safe and efficient operation of ultra

- light UAVs pursuant to FAA, AMA, and manufacturer’s safety requirements and conditions.

The proposed UAS operations will benefit the publ ic as a whole by ensuring that UAS operations are done in accordance with current legislative and regulatory frameworks.

In consideration of the foregoing, APPLICANT’s Petition for Exemption provides the FAA with sufficient justification for granting of the requested exemptions.

Should you have any questions, or if you need additional information to support the requested exemptions, please contact the undersig ned.

S incerely,

Pierre le Roux Pr.L(SA) , MSM, MRICS, GISP Vice President & Director, Geospatial Intelligence Solutions, Emergency Response & Unmanned Systems Quantum Spatial Inc. 7027 Old Madison Pike Suite 108, Huntsville, AL 35806

P: +1.256.799.0215

M:+1.256.653.78188

Attachments

ANNEX A: EXEMPTION REQUEST AND EQUIVALENT LEVEL OF SAFETY SHOWINGS UNDER APPLICABLE

RULES SUBJECT TO EXEMPTION

ANNEX B: ACADEMY OF MODEL AERONAUTICS SAFETY REQUIREMENTS9

ANNEX A: EXEMPTION REQUEST AND EQUIVALENT LEVEL OF SAFETY SHOWINGS UNDER APPLICABLE

RULES SUBJECT TO EXEMPTION

APPLICANT requests an exemption from the following regulations as well as any additional regulations that may technically 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 require ments 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 operating area associated with its utilization, it is unneces sary 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 airpor ts 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 exemption, will be at least as safe, or safer, than a conven tional aircraft with an airworthiness certificate. A proprietary risk assessment for operations with the eBee, which demonstrates that assertion, has already been submitted to the FAA by SenseFly ( the manufacturer of the eBee) in its re quest resulting in t he FAA granting exemption no. 11263 on April 1, 2015 and is thus not duplicated in

this petition.

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 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 pu rpose 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 c ountry, 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 connection 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 safet y features of the eBee and the fact that the missions are pre

- programmed and monitored in real

- time with a specific flight management software (eMotion), APPLICANT proposes that operators of the eBee should not be required to hold a commercial pilot certif ication. 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): Civil aircraft airworthiness10

This 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 airworthiness 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

- uas

- 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 op erate 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 prio r 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 structure. Since the aircraft will be operating at a maximum of 400 feet AGL, the eBee 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 f light 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 risks to persons and property on the ground. Due to the small size of the eBee and the material with which the eBee is built, the hazard to persons, vessels, vehicles, and structures is not comparable to manned aircraft and should be considered in granting the exem ption.

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 prope rty 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 the first point of intended landing and to fly after that for at least 30 minutes.

Given the area of operation for the eBee, APPLICANT 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 ba ttery 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 CFR Subpart E (91.401

- 91.417)

- Maintenance, 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. Paragraphs 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) requires an annual inspection for the issuance of an airworthiness certificate. Section 91.417(a) requires the owner or operator

to kee p 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.11

APPLICANT proposes that the maintenance of the eBee will be a ccomplished by the owner/operator according to the maintenance manual, provided by SenseFly. This maintenance manual has already been submitted to the FAA by SenseFly ( the manufacturer of the eBee) in its re quest resulting in the FAA granting exemption no. 11263 on April 1, 2015 and is thus not duplicated in this petition.

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 airworthy condition and to ensure an equivalent level of s afety. Finally, before every flight, the eBee runs automatically a sequence of

pre

- flight tests to make sure that every sensor and every critical part is running 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 the flight management software. The operator can then refer to the maintenance manual to troubleshoot this issue. Several parts of the eBee are easily interchangeable (propellers, wings), which allows the operator t o make sure the wings and propulsion system are always airworthy when a mission is initiated.12

ANNEX B: ACADEMY OF MODEL AERONAUTICS SAFETY REQUIREMENTS

http://www.modelaircraft.org/files/105.p df http://www.modelaircraft.org/files/540

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