August 4, 2015

Exemption No. 12314

Regulatory Docket No. FAA–2015–1716

Mr. Andrew Giles

Coastal Science & Engineering Inc.

160 Gills Creek Parkway

Columbia, SC 29209

Dear Mr. Giles:

This letter is to inform you that we have granted your request for exemption. It transmits our 

decision, explains its basis, and gives you the conditions and limitations of the exemption, 

including the date it ends.

By letter dated May 8, 2015, you petitioned the Federal Aviation Administration (FAA) on 

behalf of Coastal Science & Engineering Inc. (hereinafter petitioner or operator) for an 

exemption. The petitioner requested to operate an unmanned aircraft system (UAS) to 

conduct aerial mapping.

See Appendix A for the petition submitted to the FAA describing the proposed operations and 

the regulations that the petitioner seeks an exemption.

The FAA has determined that good cause exists for not publishing a summary of the petition 

in the Federal Register because the requested exemption would not set a precedent, and any 

delay in acting on this petition would be detrimental to the petitioner. However, the FAA 

received three comments in support of the petition made to the docket.

Airworthiness Certification

The UAS proposed by the petitioner is a SenseFly eBee.

In accordance with the statutory criteria provided in Section 333 of Public Law 112−95 in 

reference to 49 U.S.C. § 44704, and in consideration of the size, weight, speed, and limited 

operating area associated with the aircraft and its operation, the Secretary of Transportation 
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has determined that this aircraft meets the conditions of Section 333. Therefore, the FAA 

finds that relief from 14 CFR part 21, Certification procedures for products and parts, 

Subpart H—Airworthiness Certificates, and any associated noise certification and testing 

requirements of part 36, is not necessary.

The Basis for Our Decision

You have requested to use a UAS for aerial data collection1. The FAA has issued grants of 

exemption in circumstances similar in all material respects to those presented in your petition. 

In Grants of Exemption Nos. 11062 to Astraeus Aerial (see Docket No. FAA−2014−0352), 

11109 to Clayco, Inc. (see Docket No. FAA−2014−0507), 11112 to VDOS Global, LLC (see

Docket No. FAA−2014−0382), and 11213 to Aeryon Labs, Inc. (see Docket No. 

FAA−2014−0642), the FAA found that the enhanced safety achieved using an unmanned 

aircraft (UA) with the specifications described by the petitioner and carrying no passengers or 

crew, rather than a manned aircraft of significantly greater proportions, carrying crew in 

addition to flammable fuel, gives the FAA good cause to find that the UAS operation enabled 

by this exemption is in the public interest.

Having reviewed your reasons for requesting an exemption, I find that—

• They are similar in all material respects to relief previously requested in Grant of 

Exemption Nos. 11062, 11109, 11112, and 11213;

• The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and 

11213 also apply to the situation you present; and 

• A grant of exemption is in the public interest.

Our Decision

In consideration of the foregoing, I find that a grant of exemption is in the public interest. 

Therefore, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701, 

delegated to me by the Administrator, Coastal Science & Engineering Inc. is granted an 

exemption from 14 CFR §§ 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a), 61.315(a), 

91.7(a), 91.119(c), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 

91.417(a) and (b), to the extent necessary to allow the petitioner to operate a UAS to perform 

aerial data collection. This exemption is subject to the conditions and limitations listed 

below.

 

1 Aerial data collection includes any remote sensing and measuring by an instrument(s) aboard the UA. 

Examples include imagery (photography, video, infrared, etc.), electronic measurement (precision surveying, RF 

analysis, etc.), chemical measurement (particulate measurement, etc.), or any other gathering of data by 

instruments aboard the UA.
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Conditions and Limitations

In this grant of exemption, Coastal Science & Engineering Inc. is hereafter referred to as 

the operator.

Failure to comply with any of the conditions and limitations of this grant of exemption will be 

grounds for the immediate suspension or rescission of this exemption.

1. 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.

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 calibrated airspeed to determine 

compliance with the 87 knot speed restriction. In no case will the UA be operated at 

airspeeds greater than the maximum UA operating airspeed recommended by the 

aircraft manufacturer.

4. The UA must be operated at an altitude of no more than 400 feet above ground level 

(AGL). Altitude must be reported in feet AGL.

5. The UA must be operated within visual line of sight (VLOS) of the PIC at all times. 

This requires the PIC to be able to use human vision unaided by any device other than 

corrective lenses, as specified on the PIC’s FAA-issued airman medical certificate or 

U.S. driver’s license.

6. All operations must utilize a visual observer (VO). The UA must be operated within 

the visual line of sight (VLOS) of the PIC and VO at all times. The VO may be used 

to satisfy the VLOS 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.

7. 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, 
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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.

8. 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.

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 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.

11. The operator must follow the UAS manufacturer’s maintenance, overhaul, 

replacement, inspection, and life limit requirements for the aircraft and 

aircraft components.

12. Each UAS operated under this exemption must comply 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 Columbia, 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.
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14. 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 UA 

with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119.

15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All 

operations must be conducted under visual meteorological conditions (VMC). Flights 

under special visual flight rules (SVFR) are not authorized.

16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as 

denoted in the current FAA Airport/Facility Directory (AFD) or for airports not 

denoted with 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.

17. The UA may not be operated less than 500 feet below or less than 2,000 feet 

horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.

18. If the UAS loses communications or loses its GPS signal, the UA must return to a 

pre-determined location within the private or controlled-access property.

19. The PIC must abort the flight in the event of unpredicted obstacles or emergencies.

20. The PIC is prohibited from beginning a flight unless (considering wind and forecast 

weather conditions) there is enough available power for the UA to conduct the 

intended operation and to operate after that for at least five minutes or with the reserve 

power recommended by the manufacturer if greater.

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All 

operations shall be conducted in accordance with an ATO-issued COA. The 

exemption holder may apply for a new or amended COA if it intends to conduct 

operations that cannot be conducted under the terms of the attached COA.
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22. All aircraft operated in accordance with this exemption must be identified by serial 

number, registered in accordance with 14 CFR part 47, and have identification 

(N−Number) 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 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.

24. The UA must remain clear and give way to all manned 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 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 UA 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 UA, flight operations must cease immediately in a manner ensuring 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 made a safety assessment of 

the risk of operating closer to those objects and determined that it does not 

present an undue hazard.

The PIC, VO, operator 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 authorized representative. 

Permission from property owner/controller or authorized representative will be 

obtained for each flight to be conducted.

28. Any incident, accident, or flight operation that transgresses the lateral or vertical 

boundaries of the operational area as defined by the 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.
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If this exemption permits operations for the purpose of closed-set motion picture and 

television filming and production, the following additional conditions and limitations apply.

29. The operator must have a motion picture and television operations manual (MPTOM) 

as documented in this grant of exemption.

30. At least 3 days before aerial filming, the operator of the UAS affected by this 

exemption must submit a written Plan of Activities to the local Flight Standards 

District Office (FSDO) with jurisdiction over the area of proposed filming. The 3-day 

notification may be waived with the concurrence of the FSDO. The plan of activities 

must include at least the following:

a. Dates and times for all flights;

b. Name and phone number of the operator for the UAS aerial filming conducted 

under this grant of exemption;

c. Name and phone number of the person responsible for the on-scene operation of 

the UAS;

d. Make, model, and serial or N−Number of UAS to be used;

e. Name and certificate number of UAS PICs involved in the aerial filming;

f. A statement that the operator has obtained permission from property owners 

and/or local officials to conduct the filming production event; the list of those 

who gave permission must be made available to the inspector upon request;

g. Signature of exemption holder or representative; and

h. A description of the flight activity, including maps or diagrams of any area, city, 

town, county, and/or state over which filming will be conducted and the altitudes 

essential to accomplish the operation.

31. Flight operations may be conducted closer than 500 feet from participating persons 

consenting to be involved and necessary for the filming production, as specified in the 

exemption holder’s MPTOM.

Unless otherwise specified in this grant of exemption, the UAS, the UAS PIC, and the UAS 

operations must comply with all applicable parts of 14 CFR including, but not limited to, 

parts 45, 47, 61, and 91.
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This exemption terminates on August 31, 2017, unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan

Director, Flight Standards Service

Enclosures
May 8, 2015

United States Department of Transportation

Docket Management System

1200 New Jersey Avenue SE

Washington, DC 20590

Filed at www.regulations.gov

SUBJECT: Petition for Exemption under Section 333 of the FAA Reform Act and Part 11 of the 

Federal Aviation Regulations

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”) and 14 

C.F.R. Part 11, Coastal Science & Engineering Inc. (CSE), seeks an exemption from Federal Aviation Regulations (FARs) detailed below for the eBee Unmanned Aircraft System (“eBee”) manufactured by SenseFly 

SA of Switzerland:

 14 CFR 61.113(a) and (b)

 14 CFR 91.7(a)

 14 CFR 91.119(c)

 14 CFR 91.121

 14 CFR 91.151(a)(1)

 14 CFR 91.405(a)

 14 CFR 91.407(a)(1)

 14 CFR 91.409(a)(1) and (2)

 14 CFR 91.417(a) and (b)

CSE provides consulting, engineering, and surveying services to clients in ocean and coastal resource management, preservation, and restoration. CSE’s clients are typically government entitys including local municipalities, state agencies, and federal agencies. The surveying services provided to these clients routinely 

include topographic and feature (habitat) mapping that is acquired through aerial photogrammetry. Use of 

the eBee UAS to produce high resolution, accurate mapping solutions creates benefits to the coastal surveying/mapping industry and to the environment which serve the public interest. Specifically, use of the eBee 

UAS provides the following advantages:

 Environmental Impact: The eBee UAS is constructed of flexible foam and weighs less than two 

pounds. The eBee operates on a sealed lithium-polymer battery and does not use combustible fuel. 

The eBee can be launched and recovered with very little, if any, environmental impact. Use of the 

eBee UAS in the coastal zone allows acquisition of topographic and feature data that is otherwise 

unobtainable due to the sensitive organisms and vegetation that inhabit the coastal zone, particularly 

on and landward of the sand dunes. Use of the eBee UAS will allow data acquisition in critical habitat areas of the coast that are restricted to human access or areas occupied by endangered species 

without disturbance. The data produced by the eBee exceeds standards suggested by resource managers for project and impact monitoring, and will increase knowledge of project performance, impacts, and endangered species habitat utilization.

 Shoal Mapping: Mapping and surveying “shoals” or sand bars is extremely difficult both by conventional and hydrographic surveying. At higher tides there is enough water to cover the shoal but 
Petition for Exemption under Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations

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not enough depth to operate a survey vessel. At low tides, the shoals are exposed and become 

subaerial allowing data acquisition. The eBee UAS will allow data acquisition of the shoals without 

risking the safety of personnel or equipment, and will allow for more accurate and comprehensive 

data coverage of these dynamic areas.

 Cost: Use of the eBee provides a competitive advantage to our clients because they are able to acquire survey data in difficult areas in a matter of hours. Conventional surveying techniques would 

require days, if not weeks, to obtain the same quantity of data.

 Schedule: The workflow for conventional manned aerial photography is such that the client receives 

deliverables from several days to weeks after flight date. The eBee UAS includes post-processing 

software that will allow CSE to deliver the final mapping product to the client within several hours 

to a few working days after flight date.

 Quantity and Quality: The eBee UAS, at normal flight heights, acquires imagery at a resolution of 

less than one inch per pixel. This resolution provides excellent clarity in the resulting ortho-photos, 

and also results in very accurate survey deliverables. The workflow of the eBee will allow quick acquisition of multiple datasets (imagery and elevation). This will give CSE’s scientists and engineers 

the capability to collect and analyze coastal dynamic data at rates and levels never possible within 

the limited budgets of coastal municipalities.

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 (CSE requests that the FAA treat the eBee training program as proprietary under 14 C.F.R. 11.35(b) 

and not include this document in the public docket) in order to ensure at least an equivalent level of safety to 

currently authorized operations using manned aircrafts. Additionally, CSE will only employ the eBee during 

times where the coverage area is least utilized by the public, typically early morning hours or during the 

winter season, and limit the altitude of the UAS to no more than 400 ft. 

UAS Characteristics

The eBee is a small (37.8 inches wingspan) and ultra-light (maximum take-off weight of 1.7 pounds) 

platform made of flexible foam that performs pre-programmed precision aerial mapping missions thanks to 

the on-board GPS and the related flight management 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 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 sharp or hard edges and almost no internal strengthening 

structure. 

b. Electric-powered

The eBee is electric powered. A brushless engine technology makes it silent and reliable. The propeller is 

attached with a rubber band to the body of the plane so that it can easily flex away in case of contact with 

any object. 
Petition for Exemption under Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations

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c. Semi-automatic flight

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

the Inertial Measurement Unit and from the onboard GPS and 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 capability that allows the operator to take manual actions 

during the flight (Go to Home, Go Land, Hold and Resume the mission) and also suspend automated 

operations and take manual control of the aircraft should it become necessary to respond emergent circumstances, thanks to the remote controller provided with the system.

Applicable Legal Standard Under Section 333

a. Airworthiness assessment of the eBee

CSE 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-conducts-ebeeairworthiness-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, SenseFly obtained flight approvals for the eBee (delivered by national civil aviation authorities) 

in many countries, among others:

 Switzerland (flight approval for VLOS operations)

 Canada (flight approval for VLOS operations)

 Australia (flight approval for VLOS operations)

 France (flight approval for Extended-VLOS operations)

 Germany (flight approval for VLOS operations)

 United Kingdom (flight approval for VLOS operations)

 Norway (flight approval for VLOS operations)

 Sweden (flight approval for VLOS operations)

 Denmark (flight approval for VLOS operations)

b. Operating requirements

Grant of the exemption to CSE for the eBee will be subject to the following operating conditions, based on 

the operating conditions set forth by the Academy of Model Aeronautics. The main restrictions are summarized below:

 Operations to be conducted over private, controlled-access, or public property where approved;

 Permission from the land owner/authority required before commencing any flight;

 Operations over congested areas shall be avoided;

 Operations must not interfere with manned aircraft operations, must yield the right of way to 

manned aircraft, and operators must See & Avoid other aircraft and obstacles at all times

 Operations limited to Visual Flight Rules Meteorological Conditions (VMC) and daylight hours

 Aircraft operations must remain within Visual Line of Sight (VLOS) and will be visually monitored at all times;
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 VLOS guaranteed with a GPS geo-fence around operator of 0.5 miles

 Flight ceiling pre-programed at 400 feet;

 All operations conducted within 5 miles from an airport shall only be initiated after verbal 

coordination with the airport authority, or air traffic control when a control tower is present at the 

airport;

 All operations shall comply with required permissions and permits established by territorial, state, 

county or city jurisdictions; including local law enforcement, fire, or other appropriate governmental agencies.

 The eBee operations will be compliant with existing safety procedures inherent to the activities of 

the related company.

c. Operator Requirements

The eBee operator will have a Sport Pilot license and a FAA airman medical certificate.

Conclusion

Coastal Science & Engineering Inc. is a consulting, coastal surveying and engineering firm. The use of the 

eBee’s technology will make our work more profitable and efficient. The eBee will enable us to deliver 

accurate results in near real time to our clients. It also allows zero impact data collection through sensitive 

habitats occupied by endangered species. The eBee is safer than having CSE’s employees out in the field 

for specific projects, and also very safe for other aircrafts because of the mission specifications (below 400 

ft.) and eBee integrated safety features. 

Very respectfully,

Captain Andrew Giles

50 GRT USCG Master Near Coastal #272015

Senior Technical Associate