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, and 

cost-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 8 
which 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 serial 

number, 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 8 
b. 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 8 
ANNEX 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 4 
14 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 4 
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. 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