August 17, 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 Modernization an d Reform Act of 2012 (the “Reform Act”) and 14 C.F.R. Part 11, CALSO Community, Inc. (“CALS O”), an operator of the eBee Unmanned Aircraft System (“eBee”) seeks an exemption from th e 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 mapping and survey applications. These operations will be subje ct to strict operating requirements defined in the eBee user manual (CALSO requests the FAA treat the eBee user manual as proprietary under 14 C.F.R. 11.35(b) and does not include this docume nt in the public docket) and conditions defined in the paragraph 3.

1. CHARACTERISTICS OF THE AIRCRAFT

The eBee is a small (37.8 inches wingspan) and ultr a-light (maximum take-off weight of 1.7 pounds) platform made of flexible foam that perform s pre-programmed precision aerial mapping

missions thanks to the on-board GPS and the related flight management software (eMotion) that allows the operator to plan safely and efficiently a mission in 3D, and then 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 launch i t by hand and let it land on almost any surfacewithout requiring a parachute or landing net (belly land). Its low impact energy (38 J in case of a

controlled emergency landing) also significantly re duces the risk of hazardous situations. Finally, the wings of the eBee are detachable and made of fl exible foam with no sharp or hard edges and almost no internal strengthening structure. b. Electric-powered

The eBee is electric powered. A brushless engine te chnology makes it silent and reliable. The propeller is attached with a rubber band to the bod y of the plane so that it 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 th e 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 capabil ity 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 remot e controller provided with the system.

2. APPLICATIONS

CALSO is implementing an initiative serving general public interest.

Under a project called Drones 4 Good ( www.drones4good.co ), CALSO plans on using the eBee
in California to provide water stress maps to farme rs in order to reduce water consumption and
fight the drought in California. We believe using U nmanned Aircraft Systems to map the water
stress is a very cost-effective way to provide farm ers with valuable data on their fields and to
reduce agricultural water consumption in the contex t of a drought.

As a nonprofit organization, it is our mission to d evelop applications and projects serving public
interest by having a strong environmental and socia l impact, like using the eBee for Drones 4

Good.

3. APPLICABLE LEGAL STANDARD UNDER SECTION 333

a. Airworthiness assessment of the eBee

CALSO notes that the airworthiness of the eBee has already been demonstrated for different projects in the United States, involving state/fede ral agencies or universities (among others the New Mexico State University: https://newscenter.nmsu.edu/Articles/view/10208/nms u-uas-flighttest-center-conducts-ebee-airworthiness-assessment , and the USACE New Orleans, who coordinated with the Department of Army and the FAA to obtain all authorizations required in order to operate the eBee UAS). Moreover the eBee a lready received 15 Exemptions from the

FAA.

SenseFly also obtained flight approvals for the eBe e (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 operation s)

• Germany (flight approval for VLOS operations)

• United Kingdom (flight approval for VLOS operations )

• Norway (flight approval for VLOS operations)

• Sweden (flight approval for VLOS operations)

• Denmark (flight approval for VLOS operations)

b. Operating requirements

Grant of the exemption to CALSO for the eBee will b e subject to the following operating

conditions:

• 1. Operations authorized by this grant of exemption are limited to the SenseFly eBee when weighing less than 55 pounds including payload. Pro posed operations of any other aircraft will require a new petition or a petition to amend this exemption.

• 2. Operations for the purpose of closed-set motion picture and television filming are not permitted.

• 3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The exemption holder may use either groundspeed or cali brated airspeed to determine compliance with the 87 knot speed restriction. In n o case will the UA be operated at airspeeds greater than the maximum UA operating air speed recommended by the aircraft

manufacturer.

• 4. The UA must be operated at an altitude of no mor e than 400 feet above ground level (AGL). Altitude must be reported in feet AGL.

• 5. The UA must be operated within visual line of si ght (VLOS) of the PIC at all times. This requires the PIC to be able to use human visio n unaided by any device other than corrective lenses, as specified on the PIC’s FAA-is sued airman medical certificate or U.S.

driver’s license.

• 6. All operations must utilize a visual observer (V O). The UA must be operated within the visual line of sight (VLOS) of the PIC and VO at al l times. The VO may be used to satisfy the VLOS requirement as long as the PIC always main tains VLOS capability. The VO and PIC must be able to communicate verbally at all tim es; electronic messaging or texting is not permitted during flight operations. The PIC mus t be designated before the flight and cannot transfer his or her designation for the dura tion 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 opera te the UAS and conduct its operations in accordance with the conditions and li mitations stated in this grant of exemption, are hereinafter referred to as the opera ting 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 th e operating documents, the conditionsand limitations herein take precedence and must be followed. Otherwise, the operator

must follow the procedures as outlined in its opera ting documents. The operator may update or revise its operating documents. It is the operator’s responsibility to track such revisions and present updated and revised documents to the Administrator or any law enforcement official upon request. The operator mus t also present updated and revised documents if it petitions for extension or amendmen t to this grant of exemption. If the operator determines that any update or revision wou ld affect the basis upon which the FAA granted this exemption, then the operator must petition for an amendment to its grant of exemption. The FAA’s UAS Integration Office (AFS -80) may be contacted if questions arise regarding updates or revisions to the operati ng documents.

• 8. Any UAS that has undergone maintenance or altera tions that affect the UAS operation or flight characteristics, e.g. replacement of a fl ight critical component, must undergo a functional test flight prior to conducting further operations under this exemption. Functional test flights may only be conducted by a PIC with a VO and must remain at least 500 feet from other people. The functional te st 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 pr e-flight inspection and determine the UAS is in a condition for safe flight. The pre-flig ht inspection must account for all potential discrepancies, e.g. inoperable components , items, or equipment. If the inspection reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited from operating until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight.

• 11. The operator must follow the UAS manufacturer’s maintenance, overhaul, replacement, inspection, and life limit requirement s for the aircraft and aircraft

components.

• 12. Each UAS operated under this exemption must com ply with all manufacturer safety

bulletins.

• 13. Under this grant of exemption, a PIC must hold either an airline transport, commercial, private, recreational, or sport pilot certificate. The PIC must also hold a current FAA

airman medical certificate or a valid U.S. driver’s license issued by a state, the District of Colombia, Puerto Rico, a territory, a possession, o r the Federal government. The PIC must also meet the flight review requirements specified in 14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certific ate.

• 14. The operator may not permit any PIC to operate unless the PIC demonstrates the ability to safely operate the UAS in a manner consi stent with how the UAS will be operated under this exemption, including evasive an d emergency maneuvers and maintaining appropriate distances from persons, ves sels, vehicles and structures. PIC qualification flight hours and currency must be log ged in a manner consistent with 14 CFR § 61.51(b). Flights for the purposes of trainin g the operator’s PICs and VOs (training, proficiency, and experience-building) an d determining the PIC’s ability to safely operate the UAS in a manner consistent with how the UAS will be operated under this exemption are permitted under the terms of this exe mption. However, training operations may only be conducted during dedicated training ses sions. During training, proficiency,and experience-building flights, all persons not es sential for flight operations are

considered nonparticipants, and the PIC must operat e the UA with appropriate distance from nonparticipants in accordance with 14 CFR § 91 .119.

• 15. UAS operations may not be conducted during nigh t, as defined in 14 CFR § 1.1. All operations must be conducted under visual meteorolo gical conditions (VMC). Flights under special visual flight rules (SVFR) are not au thorized.

• 16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as denoted in the current FAA Airport/Facility Directo ry (AFD) or for airports not denoted with an ARP, the center of the airport symbol as de noted on the current FAA- published aeronautical chart, unless a letter of agreement wi th that airport’s management is obtained or otherwise permitted by a COA issued to the exemp tion 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 b elow or less than 2,000 feet horizontally from a cloud or when visibility is les s than 3 statute miles from the PIC.

• 18. If the UAS loses communications or loses its GP S signal, the UA must return to a predetermined location within the private or controlle d-access property.

• 19. The PIC must abort the flight in the event of u npredicted obstacles or emergencies.

• 20. The PIC is prohibited from beginning a flight u nless (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 fi ve minutes or with the reserve power recommended by the manufacturer if greater.

• 21. Air Traffic Organization (ATO) Certificate of W aiver 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 int ends to conduct operations that

cannot be conducted under the terms of the attached COA.

• 22. All aircraft operated in accordance with this e xemption must be identified by serial number, registered in accordance with 14 CFR part 4 7, and have identification (NNumber) markings in accordance with 14 CFR part 45, Subpart C. Markings must be as large as practicable.

•

• 23. Documents used by the operator to ensure the sa fe 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 Administrat or or any law enforcement official

upon request.

• 24. The UA must remain clear and give way to all ma nned aviation operations and

activities at all times.

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

• 26. All Flight operations must be conducted at leas t 500 feet from all nonparticipating persons, vessels, vehicles, and structures unless:• a. Barriers or structures are present that sufficie ntly protect nonparticipating persons from

the UA and/or debris in the event of an accident. T he operator must ensure that nonparticipating persons remain under such protecti on. If a situation arises where nonparticipating persons leave such protection and are within 500 feet of the UA, flight operations must cease immediately in a manner ensur ing the safety of nonparticipating persons; and

• b. The owner/controller of any vessels, vehicles or structures has granted permission for operating closer to those objects and the PIC has m ade a safety assessment of the risk of operating closer to those objects and determined th at it does not present an undue hazard.

The PIC, VO, operator trainees or essential persons are not considered nonparticipating persons under this exemption.

• 27. All operations shall be conducted over private or controlled-access property with permission from the property owner/controller or au thorized representative. Permission from property owner/controller or authorized repres entative will be obtained for each flight to be conducted.

• 28. Any incident, accident, or flight operation tha t transgresses the lateral or vertical boundaries of the operational area as defined by th e applicable COA must 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

.

3. CONCLUSION

CALSO seeks an exemption from the Federal Aviation Regulations (“FARs”) in order to implement an initiative serving general public inte rest. The project enables farmers to reduce their water consumption by using water stress maps thanks to the eBee.

Yours sincerely,

Nicolas HAZARD

President CALSO Community, Inc.ANNEX A: EXEMPTION REQUEST AND EQUIVALENT LEVEL OF SAFETY

SHOWINGS UNDER APPLICABLE RULES SUBJECT TO EXEMPTIO N

CALSO requests an exemption from the following regu lations as well as any additional regulations that may technically apply to the opera tion of the eBee:

14 C.F.R. Part 21, Subpart H: Airworthiness Certif icates
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 th e procedural requirements for the issuance of airworthiness certificates as required by FAR § 91. 203(a). Given the size of the eBee, its very light weight (the maximum take-off weight is 1.7 po unds) 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 in order to achieve or exceed current safety levels.

Such an exemption meets the requirements of an equi valent 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 requi rement for an airworthiness certificate, upon consideration of the size, weight, speed, operation al capability, and proximity to airports and populated areas of the UAS involved. An analysis of these different criteria demonstrates that the eBee operated without an airworthiness certificate, under the conditions proposed in that exemption, will be at least as safe, or safer, than 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 pa rt of this application. CALSO 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 certificates, ra tings and authorizations
14 C.F.R. § 61.113(a) & (b); 61.133(a): Private Pi lot Privileges and Limitations; Pilot in
Command; Commercial Pilot Privileges and Limitation s

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 pilo t 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, w hen 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 ho lds a private pilot certificate may act as pilot in command of an aircraft for compensation or hire. S ubparagraph (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 prope rty 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 specific flight manag ement software (eMotion), SenseFly proposesthat operators of the eBee should not be required t o hold a commercial pilot certification. Instead,

operators should be required to: Have a sport or recreational pilot license (at leas t) and have successfully passed a manufacturer’s training program for the eBee.

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

This regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. Should the exemption be granted allowin g commercial operation of the eBee without
an airworthiness certificate, no standard will exis t for airworthiness of the eBee. Given the size of the aircraft and the previous airworthiness assessm ents given to the eBee, among others:

• New Mexico State University: https://newscenter.nmsu.edu/Articles/view/10208/nms uuas-flight-test-center-conducts-ebee-airworthiness- assessment

• USACE New Orleans, who coordinated with the Departm ent of Army and the FAA to obtain all authorizations required in order to oper ate 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 i nsuring compliance with the SenseFly manuals prior to each flight.

14 CFR § 91.119: Minimum Safe Altitudes

The regulation provides that over sparsely populate d 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 cannot comply wit h this requirement.

The equivalent level of safety will be achieved bec ause the eBee will only fly over private property with the permission of the landowner. The operator will define before every flight a working area radius and a flight area ceiling, prev enting the eBee to go beyond the flight area. The landowner and the persons who may be on the gro und in the flight area will be briefed of the expected route of flight and the associated risks t o 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 exemption.

Moreover, the aircraft will not be operated over co ngested areas nor over any open-air assembly of persons. The aircraft will be operated at an alt itude allowing, if a power unit fails, an emergency landing without undue hazard to persons o r 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, CALSO bel ieves that an equivalent level of safety is already achieved with the specific procedure preven ting the eBee to accept a take-off order is the battery level is below a given value. Moreover, Sen seFly 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, P reventive Maintenance, and

Alterations

The regulation provides that the operator is primar ily responsible for maintaining the aircraft in an airworthy condition, including compliance with Part s 39 and 43. Paragraphs 91.407 and 91.409 require that the aircraft be "approved for return t o 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 acco mplished by certificated mechanics, under Part 43, or licensed pilots and records of approval of the aircraft for return to service.

CALSO proposes that the maintenance of the eBee wil l be accomplished by the owner/operator according to the maintenance manual, provided by Se nseFly. CALSO requests the FAA treat the eBee maintenance manual 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 beca use the eBee is small in size, it is not a complex mechanical device, it will carry no externa l 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 airworth y 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 part is running properly. If a problem is detected,

the eBee will not be able to be switched-on and a m essage error is displayed on the main screen of the flight management software. The operator can th en refer to the maintenance manual to troubleshoot this issue. Several parts of the eBee are easily interchangeable (propellers, wings), which allows the operator to make sure the wings an d propulsion system are always airworthy

when a mission is initiated.