# 0 Envirocon ENVIROCON, INC. 101 International Drive PO Box 16655 Missoula, MT 59808-6655 (406) 523-1174 (406) 523-1189 FAX www.envirocon.com 

### November 19, 2015 Filed with www.regulations.gov U.S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE Washington, DC 20590



### Re: Exemption Reguest under Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations Dear Madam or Sir, Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the "Reform Act") and 14 C.F.R. Part 11, Envirocon, Inc. ("Envirocon"), an operator of the eBee Unmanned Aircraft System ("eBee"), seeks an exemption from the Federal Aviation Regulations ("FARs") applicable to the eBee including, but not limited to, the following:
i. 14 C.F.R. Part 21 Subpart H ii. 14 C.F.R. § 45.23 iii. 14 C.F.R. § 45.29 iv. 14 C. F. R. § 61.23 V. 

### 14 C. F. R. § 61.3 vi. 14 C.F.R. § 61.113(a)&(b) vii. 14 C.F.R. § 61.133(a) viii. 14 C.F.R. § 91.7 ix. 14 C. F. R. § 91.9 X. 

### 14 C.F.R. § 91.109(a) xi. 14 C.F.R. § 91.119 xii. 14 C.F.R. § 91.121 xiii. 14 C.F.R. § 91.151(a) xiv. 14 C.F.R. § 91.203(a)&(b) xv. 14 C.F.R. Part 91 Subpart E(§§ 91.401-91.417) Additional details regarding the above-mentioned FARs and equivalent level of safety showings under applicable rules subject to exemption is incorporated herein and attached hereto as 

### "ANNEX A." Envirocon is an industry leader providing full service environmental remediation for clients across North America. Envirocon focuses on delivering safe, high quality, andcost-effective solutions to our client's complex environmental challenges. As a selfperforming remediation contractor, we employ our multidisciplinary construction expertise and bring a technical team to effectively and efficiently complete our client's projects.

Envirocon Inc.'s Section 333 Exemption Request Pursuant to the Federal Aviation Regulations Page 1 of 8

### Unmanned aerial technology is becoming a desirable tool in environmental remediation.

Many projects provide remediation services for more and more acres, surveying by foot is becoming less efficient, and hiring subcontractors to survey projects is becoming less cost-effective. Aerial survey technology allows Envirocon to offer expedited, efficient and effective remediation planning and tracking in order to facilitate timely project recommendations and decision-making. The unmanned aspect of aerial technology eliminates the endangerment of human life by low and slow flight and allows a safe and cost-effective acquisition of close-up aerial images on Envirocon's projects. Under the requested exemption, Envirocon, as operator of the eBee, will ensure that the UA will be operated under the direct supervision of a Registered Professional Land Surveyor and by an individual who has completed the eBee's manufacturer's training program for operation of the Unmanned Aircraft System ("UAS"). The requested exemption would authorize commercial operations using the eBee for mapping and survey applications. These operations will be subject to strict operating requirements defined in the eBee user manual and conditions defined in the paragraph 3. Envirocon respectfully 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. 

### 1. CHARACTERISTICS OF THE AIRCRAFT The eBee is a small (37.8-inch wingspan) and ultra-light (maximum take-off weight of 1.7 pounds) platform made of flexible foam that performs precision aerial mapping missions with an on-board GPS and related flight management software (eMotion) that allows the operator to safely and efficiently plan a mission in 3D and monitor it in real-time. Because of the embedded camera protected by a foam envelope, the eBee can take a collection of high-definition, still images that can later be used to generate maps and contour lines of the surveyed area. The four main characteristics of the eBee include:
A. Verv Liaht Weiaht 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 hard or sharp edges and almost no internal strengthening structure.
B. Electric-Powered The eBee is electric powered. 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 incorporated within the eBee autopilot system continuously analyzes data from the Inertial Measurement Unit and the onboard GPS and takes care

Envirocon Inc's Section 333 Exemption Request Pursuant to the Federal Aviation Regulations Page 2 of 8

### of all the aspects of the flight under the supelvision 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 and also suspend automated operations and take manual control of the aircraft with the remote controller provided with the system, should it become necessary to respond emergent circumstances. 

### 2. APPLICATIONS AND ADDED VALUE OF THE eBee Envirocon intends to plan and implement an aerial survey program using precision survey techniques and SenseFly's eBee in order to monitor its construction progress, to assist in management decision-making, and to increase overall construction project efficiency. Envirocon will utilize the eBee for commercial survey operations including, but not limited to:
i. Topography; ii. Site Grading and Drainage iii. Volumetric Surveys; iv. Construction Progress Photography; V. 

### Flood Risk Surveys; vi. Quarry/Landfill Surveys; vii. Route Surveys; viii. As-Build Surveys; ix. Marketing Images; and/or x. Site Design. Envirocon's utilization of the eBee will help its customers in a number of ways including, but not limited to: Increased Safety: The eBee brings safety to daily survey operations: there is no need for humans to access dangerous working areas (e.g. polluted sites or sites with rough terrain). The missions can be programmed and reproduced reliably as often as needed for regularly updated maps. Cost Effective: Envirocon's use of the eBee on its project reduces the cost of the project. It is more cost effective to operate the eBee rather than purchasing aerial monitoring survey services through another subcontractor, an aircraft, or other ground systems for the same results. Moreover, the eBee will help monitor project site conditions frequently in order to timely identify project progress and/or operational challenges.
iii. Efficient Work Progress: A survey mission does not need a long preparation time or long deployment constraints. Initial results are accessible directly on-site,

Envirocon Inc.'s Section 333 Exemption Request Pursuant to the Federal Aviation Regulations Page 3 of 8which is impossible with images provided by satellites, manned aircrafts, or

survey subcontractors.
iv. Access to Services: Envirocon's areas of service include some of the most rural parts of North America which desperately need Envirocon's full-service environmental remediation services. Envirocon's ability to find surveying services in these areas is rare or sometimes non-existent. Envirocon's ability to utilize the eBee to remotely gather information for the use in the proper and efficient surveying of its projects will help enable improved decision making, deliver safety, good quality and reduce the cost to its clients. If Envirocon can use the eBee technology for commercial surveying, it will help Envirocon stay competitive in the environmental remediation industry and provide additional cost-effective services to its clients.


### 3. APPLICABLE LEGAL STANDARD UNDER SECTION 333
A. Airworthiness Assessment of the eBee Envirocon notes that the airworthiness of the eBee 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/nmsu-uas-flight-test-center-conductsebee-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 already received 15 Exemptions from the FAA.Moreover, Envirocon notes that SenseFly also obtained flight approvals for the eBee (delivered by national civil aviation authorities) in many countries, among others:
i. Switzerland (flight approval for VLOS operations); ii. Canada (flight approval for VLOS operations); iii. Australia (flight approval for VLOS operations); iv. France (flight approval for Extended-VLOS operations);
V. Germany (flight approval for VLOS operations); vi. United Kingdom (flight approval for VLOS operations); vii. Norway (flight approval for VLOS operations); viii. Sweden (flight approval for VLOS operations); and ix. Denmark (flight approval for VLOS operations). B. Operating Conditions Grant of the exemption to Envirocon for use of the eBee or, as also used in this section, the "UAS" will be subject to the following operating conditions: 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 or a petition to amend this exemption. Operations for the purpose of closed-set motion picture and television filming are

Envirocon Inc.'s Section 333 Exemption Request Pursuant to the Federal Aviation Regulations Page 4 of 8

### not permitted.

iii. The UAS 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 UAS be operated at airspeeds greater than the maximum UAS operating airspeed recommended by the aircraft manufacturer. iv. The UAS must be operated at an altitude of no more than 400 feet above ground level (AGL). Altitude must be reported in feet AGL.

v. AII flight operations must utilize a visual observer (VO). The UAS must be operated within the visual line of sight (VLOS) of the Pilot in Command (PIC) and/or VO at all times. The VO may be used to satisfy the VLOS requirement 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 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. vi. PIC and VO will have been trained in operation of the UAS general and will have received up-to-date information on the UAS. vii. Under this grant of exemption, a PIC who is directly responsible for the operation of the UAS must hold either an airline transport, commercial, private, recreational, or sport pilot certificate. A PIC who is directly responsible for the operation of the UAS 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, or 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 certificate. viii. 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 documents 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 Office (AFS-80) may be contacted if questions arise regarding updates or revisions to the operating documents.

Envirocon Inc.'s Section 333 Exemption Request Pursuant to the Federal Aviation Regulations Page 5 of 8

### ix. Any UAS that has undergone 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 flights 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.

X. 

### The operator is responsible for maintaining and inspecting the UAS to ensure that it is in a condition for safe operation.
xi. 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 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.
xii. The operator must follow the UAS manufacturer's maintenance, overhaul, replacement, inspection, and life limit requirements for the aircraft and aircraft components. xiii. Each UAS operated under this exemption must comply with all manufacturer safety bulletins.
xiv. 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, including 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 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 this exemption. 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 UAS with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119.

xv. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. AII operations must be conducted under visual meteorological conditions (VMC). Flights under special visual flight rules (SVFR) are not authorized.
xvi. The UAS 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 an 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 agreement with the airport management must be made available to the Administrator or any law enforcement official upon request.

Envirocon Inc.'s Section 333 Exemption Request Pursuant to the Federal Aviation Regulations Page 6 of 8

### xvii. The UAS 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.
xviii. If the UAS loses communications or loses its GPS signal, the UAS must return to a pre- determined location within the private or controlled-access property.
xix. The PIC must abort the flight in the event of unpredicted obstacles or emergencies.

xx. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough available power for the UAS 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. xxi. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA).Where applicable, all operations shall be conducted in accordance with an ATOissued COA.
xxii. Before conducting operations, the radio frequency spectrum used for operation and control of the UA must comply with the Federal Communications Commission (FCC) or other appropriate government oversight agency requirements.
xxiii. AII aircraft operated in accordance with this exemption must be identified by serialnumber, registered in accordance with 14 CFR part 47, and have identification (NNumber) markings in accordance with 14 CFR part 45, Subpart C. Markings must be as large as practicable.
xxiv. 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.

xxv. The UAS must remain clear and give way to all manned aviation operations and activities at all times.
xxvi. The UAS may not be operated by the PIC from any moving device or vehicle.
xxvii. AII 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 sufficiently protect nonparticipating persons from the UAS 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 UAS, flight operations must cease immediately in a manner ensuring the safety of nonparticipating persons; and

Envirocon Inc.'s Section 333 Exemption Request Pursuant to the Federal Aviation Regulations Page 7 of 8b. 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.
xxviii. The PIC, VO, operator trainees or essential persons are not considered

nonparticipating persons under this exemption.
xxix. AII operations shall be conducted over private or controlled-access property with permission from the property owner/controller or authorized representative. Permission from property owner/controller or authorized representative will be obtained for each flight to be conducted.

xxx. If applicable, any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the operational area as defined by the 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

. 

### 4. CONCLUSION With this petition, it is intended that Envirocon will be able to provide safe, reliable and accurate land surveying services on its projects and provide information to its employees, subcontractors and clients with the use of the latest innovative technology associated with remotely piloted aircraft. Your attention to this matter is sincerely appreciated. Respectfully submitted,

J President/CEO Envirocon, Inc. Encls. The following proprietary documents sent via email to 

### 333exemptions(o

- ),faa.gov : i. SenseFly

— eBee User Manual (version 12) ii. SenseFly

— eBee Maintenance Procedures iii. SenseFly

— eBee Airworthiness Justification iv. SenseFly

— eBee Training Documentation

cc: Mike Shaylor, Envirocon, Inc.

Envirocon Inc.'s Section 333 Exemption Request Pursuant to the Federal Aviation Regulations Page 8 of 8ANNEX A

EXEMPTION REQUEST AND EQUIVALENT LEVEL OF SAFETY SHOWINGS UNDER

APPLICABLE RULES SUBJECT TO EXEMPTION Envirocon requests an exemption from the following regulations, as well as any additional regulations that may technically apply to the operation of the SenseFly eBee: 14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 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 UAVs, their very light weight 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 equivalent level of safety under Part 11 and Section 333 of the Reform Act. The Federal Aviation Act and Section 333 of the Reform Act both authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration of the size, weight, speed, operational capability, and proximity to airports and populated areas of the UAS involved. 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 operations with the eBee, which demonstrates that assertion, will be submitted to the FAA as part of this application. Envirocon 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. § 45.23 & 14 C.F.R. § 45.29: Display of marks; size of marks These regulations provide that each aircraft must display "N" and the aircraft's registration number in letters at least 3 inches high. Additionally, the aircraft must display the word "EXPERIMENTAL" in letters at least 2 inches high near the entrance to the cabin, cockpit, or pilot station. Given the size of the eBee (wingspan of 37.8 inches), this requirement is impossible to match. 14. C.F.R. § 61.23: Medical certificates: Requirement and duration Regulations provide that a person: (1) Must hold a first-class medical certificate: (i) When exercising the pilot-in-command privileges of an airline transport pilot certificate; (ii) When exercising the second-in-command privileges of an airline transport pilot certificate in a flag or supplemental operation in part 121 of this chapter that requires three or more pilots; or (iii) When serving as a required pilot flight crewmember in an operation conducted under part 121 of this chapter if the pilot has reached his or her 60th birthday. (2) Must hold at least a second class medical certificate when exercising:

Envirocon Inc.'s Exemption Request under Section 333 Pursuant to the Federal Aviation Regulations Annex A Page 1 of 4(i) Second-in-command privileges of an airline transport pilot certificate in part 121 of this chapter (other than operations specified in paragraph (a)(1)(ii) of this section); or (ii) Privileges of a commercial pilot certificate Given the size of the UAVs, their structure, the limited flight area, and the safety features integrated in the autopilot (among others a flight termination system), Envirocon believes that an equivalent level of safety can be reached if the operator has a valid driver's license. 14 C.F.R. § 61.3(a): Requirements for certificates, ratings and authorizations 14 C.F.R. § 61.113(a)&(b): Private pilot privileges and limitations: Pilot in command 14 C.F.R. § 61.133(a): Commercial Pilot Privileges and Limitations These regulations provide, in relevant part, that no person may serve as a required pilot flight crewmember of a civil aircraft of the United States, unless that person has a pilot certificate, a special purpose pilot authorization, temporary certificate, or a document conveying temporary authority to exercise certificate privileges in that person's physical possession or readily accessible in the aircraft when exercising the privileges of that pilot certificate or authorization. Additionally, the regulations provide that no person that holds a private pilot certificate may act as pilot in command of an aircraft for compensation or hire, unless: (1) the flight is only incidental to that business or employment; and (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 specific flight management software, Envirocon proposes that operators of the eBee should not be required to hold a commercial or private pilot certification. Alternatively, operators should be required to complete the manufacturer's training program for operation of the eBee. Notably, the manufacturer's training program for eBee operators has been satisfactorily reviewed and approved through the Application for Airworthiness Qualification Level (AQL) 3 Airworthiness Release (AWR). The equivalent level of safety will be achieved by having an operator trained by eBee's manufacturer and using the integrated features of the aircraft to maintain a high level of safety during the different missions. 14 C.F.R. § 91.7: 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 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 air worthiness assessments given to the eBee, among others: • New Mexico State University: https://newscenter.nmsu.edu/Articles/view/10208/nmsuuas-fliqht-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 eBee user manual prior to each flight.

Envirocon Inc.'s Exemption Request under 5ection 333 Pursuant to the Federal Aviation Regulations Annex A Page 2 of 414 C.F.R. § 91.9: Civil aircraft flight manual, marking, and placard requirements

This regulation provides that no person may operate a civil aircraft without complying with the operating limitations specified in the approved Airplane or Rotatorcraft Flight Manual or as otherwise prescribed by the certificating authority in the county of registry. Envirocon assumes that the intent of this requirement is to ensure that the flight manual information is available to the aircrew while operating the aircraft. Envirocon requests an exemption to this requirement since the aircraft is not only too small to carry documentation, but the documentation would not be available to the crew. Envirocon proposes that the equivalent level of safety will be achieved by keeping a hard copy of the eBee user manual in close proximity to the operator. 14 C.F.R. § 91.109(a): Flight Instruction The regulation provides that "No person may operate a civil aircraft that is being used for flight instruction unless that aircraft has fully functioning dual controls." The equivalent level of safety during the in-flight training will be achieved by the manufacturer or affiliate providing the training as described in the manufacturer's training program and through the use of experienced and qualified instructors familiar with the eBee. 14 C.F.R. § 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 eBee will be operating at a maximum of 400 feet AGL, Envirocon cannot comply with this requirement. The equivalent level of safety will be achieved because the eBee will only fly over its projects and ancillary properties, if necessary and upon receipt of the landowner's permission. The operator will define before every flight a working area radius and 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 the flight and the associated risks to persons and property on the ground. Due to the small size of the eBee, the material with which the eBee is built and its specific safety procedures (among others ground detection), the hazard to persons, vessels, vehicles, 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 or over any open-air assembly of persons. 14 CFR 91.121: Altimeter settings This regulation requires each person operating an aircraft to maintain cruising altitude by reference to an altimeter that is set"...to the elevation of the departure airport or an appropriate altimeter setting available before departure." As the UAV may not have a barometric altimeter, but instead a GPS altitude read out, an exemption is requested. An equivalent level of safety will be achieved by the operator confirming the altitude of the launch site shown on the GPS altitude indicator before flight. Additionally, the eBee autopilot calculates the reference altitude (ground level) with the on-board GPS during the pre-flight tests. The GPS and barometer data are then used to calculate the altitude in flight.

Envirocon Inc.'s Exemption Request under Section 333 Pursuant to the Federal Aviation Regulations Annex A Page 3 of 414 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. As the eBee is electric-powered, this requirement is inapplicable. In any event, given the contemplated operations, Envirocon believes that an equivalent level of safety is already achieved with the specific procedure preventing the eBee to accept a take-off order if the battery level is below a given value. Moreover, the eBee has an integrated low and critical battery level warning and a"return to home" (and "Go Land") action in this situation.
14 C.F.R. § 91.203 (a)&(b): Carrying Civil Aircraft Certification and Registration The regulation provides as follows: • No person may operate a civil aircraft unless it has an appropriate and current airworthiness certificate. • No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) of this section or a special flight authorization issued under §91.715 is displayed at the cabin or cockpit entrance so that it is legible to passengers or crew. Envirocon proposes that an equivalent level of safety will be achieved by keeping eBee's applicable justification and airworthiness documents at the ground control point where the pilot flying the eBee will have immediate access to them. The FAA has issued numerous exemptions to this regulation. A representative sample of other exceptions includes Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700. 14 C.F.R. Subpart E(91.401 - 91.417): Maintenance, Preventive Maintenance, and Alterations The regulations provide 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 the aircraft to be "approved for return to service by a person authorized under 43.7" after maintenance and inspection. Section 91.409 requires an annual inspection for the issuance of an airworthiness certificate. Section 91.417 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. Envirocon proposes that the maintenance of the eBee will be accomplished by the owner or the operator according to the manufacturer's user manual. An equivalent level of safety will be achieved because the eBee is small in size, it is not a complex mechanical device, and does not carry any external payload. Moreover, the operator is in the person most familiar with the aircraft and is best suited to maintain the aircraft in an airworthy condition and to ensure an equivalent Ievel of safety. Finally, before every flight, the eBee automatically runs a sequence of pre-flight tests to make sure that every sensor and every critical part is operating properly. If a problem is detected, the eBee will not be able to be switched-on and a message error is displayed on the main screen of eMotion. The owner or the operator can then refer to the eBee user manual to trouble shoot this issue. Several parts of the eBee are easily interchangeable (e.g. propellers, wings), and this allows the operator to make sure the wings and propulsion system are always airworthy when a mission is initiated.

Envirocon Inc.'s Exemption Request under Section 333 Pursuant to the Federal Aviation Regulations Annex A Page 4 of 4