December 8, 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, Odin Aerodata, LLC (“Odin Ae rodata”), an operator of the eBee Unmanned Aircraft System (“eBee”) and eXom Unmanned Aircraft System (“eXom”) seeks an exemption from the Federal Aviation Regulations (“F ARs”) listed below:

• 14 C.F.R. 21

• 14 C.F.R. 45.23

• 14 C.F.R 45.29

• 14 C.F.R. 61.133(a)

• 14 C.F.R. 91.7(b)

• 14 C.F.R. 91.9(b)(2)

• 14 C.F.R. 91.109(a)

• 14 C.F.R. 91.119

• 14 C.F.R. 91.151(a)

• 14 C.F.R. 91.203(a) & (b)

• 14 CFR Subpart E (91.401 - 91.417)

The requested exemption would authorize commercial operations using the eBee and eXom for mapping, survey & inspection applications. These op erations will be subject to strict operating requirements defined in the eBee and eXom user manu als (Odin Aerodata requests the FAA treat the user manual as proprietary under 14 C.F.R. 11.3 5(b) and does not include this document in the public docket) and conditions defined in the paragr aph 3. These manuals are, by reference, incorporated herein and are part of existing Author izations Granted for Exemption under Section

333 of the FAA Reform Act and Part 11 of the Federa l Aviation Regulations, identified as

follows:

SenseFly eBee & SenseFly eXom April 1, 2015, Amended July 23, 2015 Exemption No. 11263 & Exemption No. 11263A Regulatory Docket No. FAA−2014−0727
Mr. Jean-Christophe Zufferey CEO, SenseFly Ltd.1a. CHARACTERISTICS OF THE AIRCRAFT (eBee)

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 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 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.

1b. CHARACTERISTICS OF THE AIRCRAFT (eXom)

The eXom, weighing 3.7 pounds (Maximum Take-off wei ght), contains a rich array of advanced integrated sensors. These sensors work together to provide the user with full situational awareness and support obstacle avoidance:

• Five ‘Navcam’ vision sensors allow the operator to see in the direction the drone is moving via its flight control software, without nee ding to turn the system’s TripleView camera head. This technology is unique in such a lightweight UAS, similar to the visual parking sensors in modern car s, but brought into a 3D flight

environment.• Five ultrasonic proximity sensors work in harmony w ith eXom’s Navcams to ensure the operator always knows the drone’s distan ce from nearby objects. (The drone’s shock absorbant carbon fiber shrouding is a lso always on hand to protect its rotors in case of surface contact.)

• Numerous other sensors, including inertial measurem ent units, barometers, magnetometers, GPS and magnetic encoders, maximize the drone’s stability and safety.

eXom offers different flight modes to suit every pr oject: Semi-automatic mode (waypoint navigation) or interactive ScreenFly mode (using th e supplied joypad to navigate and orientate the drone via computer screen). The ScreenFly mode inc ludes flight assistance features such as cruise control and distance lock. In any situation , RC-based control always remains available as a backup function. The eXom is particularly safe. It was developed wi th flexible material absorbing potential shocks, and SenseFly R&D team has developed also a unique carbon-fiber shrouding protecting the propellers. Redundancy was also added in the c ommand and control system – in case something happens to the primary autopilot, the eXo m will switch automatically to the secondary autopilot.

2. APPLICATIONS

Applications of both the eBee and eXom will include previously authorized applications as found under Exemption No. 11263 & Exemption No. 11263A wh ich include aerial mapping, surveying,
data collection and inspection of infrastructure fo r use in maintenance and engineering design.

The technology offered by the senseFly eXom will al low up-close inspection of infrastructure such as bridges, power pylons and cell phone towers and other hard to reach industrial facilities
by the remote use of a UAS. Not only will this res ult in significant cost savings for business, but it is much safer to inspect these types of structur es remotely by UAS. An Example are cell phone
towers. The eXom, with its wide array of sensors c an easily inspect and produce 3D maps of a tower for civil engineers and surveyors to review o n the ground. The current method of
inspecting a cell tower entails having technicians climb the tower to inspect components. Many climbing deaths occur each year and the eXom can el iminate the need to climb these towers on a
regular basis, thereby cutting down the injury rate significantly. Other infrastructure, such as some of the 600,000 bridges in America today, requi res inspections on a regular basis. It is
difficult to stay on schedule with inspections when so many need to be performed, however, the automation and sensor payload of the eXom allows fo r thorough and safe inspections in a fraction
of the time. The eXom obtains enough data using it s high-resolution cameras to process images into 3D models of features. These inspections can be done in-office after the bridge, tower or
other infrastructure is surveyed. Civil engineers can use this information to design repairs or upgrades, improving the good for the public in a sa fer way. Railroads, DOTs and other
government agencies are prime candidates for using our UAS bridge inspection services. The

small form of the eXom would minimize disturbances on highways allowing traffic to flow
unhindered as opposed to lane closures and bottlene cks creating dangerous working conditions. The size of the eXom poses no threats to the public given the lack of combustible fuel on-board
when compared to fill size manned aircraft as well as posing no threat to a pilot or crew’s life since it is remotely operated. With its full suite of sensors, the eXom is self-aware using
ultrasonic sensors to maintain its safe operating d istance from objects on the ground or in the air.Caged rotors allow the eXom to bump up against stru ctures without causing harm to the aircraft

or structure. The operation of this UAS will minim ize ecological damage and promote economic
growth by providing information to businesses, agen cies and individuals throughout the Delaware Valley region.

3. APPLICABLE LEGAL STANDARD UNDER SECTION 333

a. Airworthiness assessment of the eBee

Odin Aerodata notes that the airworthiness of the e Bee has already been demonstrated for different projects in the United States, involving state/federal agencies or universities (among others the New Mexico State University: https://newscenter.nmsu.edu/Articles/view/10208/nms uuas-flight-test-center-conducts-ebee-airworthiness- assessment , and the USACE New Orleans, who coordinated with the Department of Army and the FAA to obtain all authorizations required in order to operate the eBee UAS). Moreover the eBe e already 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 Odin Aerodata for the eBe e and eXom will be subject to the following operating conditions:

• 1. Operations authorized by this grant of exemption are limited to the SenseFly eBee and eXom when weighing less than 55 pounds including pa yload. Proposed operations of any other aircraft will require a new petition or a pet ition 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 conditions and 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 thatcannot 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

The grant of the requested exemption is in the publ ic interest based on the clear direction in Section 333 and 49 U.S.C. §44701(f), the equivalent and enhanced level of safety of the proposed operations, the significant public benefit and cost savings to be realized as a result of the use of a UAS for aerial inspection and survey s ervices. Moreover, the FAA has already granted similar exemptions for UAS used to conduct high-resolution aerial imaging and surveying operations for aircraft with less sophist icated flight control features. Accordingly, the applicant respectfully requests that the FAA grant the requested exemption without delay.

Yours sincerely,

Adam R. Grant

Founder Odin Aerodata, LLC

5 Haines Avenue Medford, NJ 08055ANNEX A: EXEMPTION REQUEST AND EQUIVALENT LEVEL OF SAFETY

SHOWINGS UNDER APPLICABLE RULES SUBJECT TO EXEMPTIO N

Odin Aerodata requests an exemption from the follow ing regulations as well as any additional regulations that may technically apply to the opera tion of the eBee and eXom:

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 and eXom, its very light weight and the limited operating are a associated with its utilization, it is unnecessar y to go through the certificate of airworthiness proc ess 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. Odin Aerodata requests the FAA treat the eBee risk assessment as proprieta ry 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 eXom and the fact that the missions are preprogrammed and monitored in real-time with a specif ic flight management software (eMotion),SenseFly proposes that operators of the eBee or eXo m should not be required to 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 or eXom.

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 or eXom cannot co mply with this requirement.

The equivalent level of safety will be achieved bec ause the eBee or eXom will only fly over private property with the permission of the landown er. The operator will define before every flight a working area radius and a flight area ceil ing, preventing 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 eXom and the material wi th which the eBee and eXom are built, the hazard to persons, vessels, vehicles, and structure s 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 and eXom, Odin Aerodata believes that an equivalent level of safety is already achieved with the specif ic procedure preventing the eBee to accept atake-off order is the battery level is below a give n value. Moreover, SenseFly has integrated “low”

and “critical” battery level warnings and implement ed 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.

Odin Aerodata proposes that the maintenance of the eBee and eXom will be accomplished by the owner/operator according to the maintenance manual, provided by SenseFly. Odin Aerodata 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 and eXom is small in size, it is not a complex mechanical device, it will carry no e xternal payload, and it will operate only in restricted predetermined areas. Moreover, the opera tor is the person most familiar with the aircraft

and is best suited to maintain the aircraft in an a irworthy condition and to ensure an equivalent level of safety. Finally, before every flight, the eBee and eXom run 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 or eXom will not be a ble to be switched-on and a message error is displayed on the main screen of the flight manageme nt software. The operator can then refer to

the maintenance manual to troubleshoot this issue. Several parts of the eBee and eXom are easily interchangeable (propellers, wings, legs), which al lows the operator to make sure the wings and propulsion system are always airworthy when a missi on is initiated.