January 14111 2016 

U.S. Department ofTranspmiation 

Docket Management System 

1200 New Jersey Ave., SE 

Washington, DC 20590 

Re: Exemption Request Under Section 333 of the FAA Refmm Act and Pati 11 of the Federal 

Aviation Regulations 

Dear Madam, Sir, 

Pursuant to Section 333 of the FAA Modemization and Refmm Act of2012 (the "Refmm Act") 

and 14 C.P.R. Part 11 , Weave Consulting Inc. (WEAVE), an operator of the eBee Unmanned Aircraft System ("eBee") seeks an exemption from the Federal Aviation Regulations ("F ARs") listed 

below: 

D 14 C.P.R. 21 

D 14 C.P.R. 61.133(a) (b) 

D 14 C.P.R. 91.7(b) 

D 14 C.P.R. 91.119 

14 C.P.R. 91.151(a) 

D 14 CFR Subpati E (91.40 1 - 91.417) 

The requested exemption would authorize commercial operations using the eBee for aerial mapping 

and survey applications. These operations will be subject to strict operating requirements defined 

in the eBee user manual (WEAVE requests the FAA treat the eBee training program as proprietary 

under 14 C.P.R. 11.35(b) and does not include this document in the public docket and conditions 

defined in the paragraph 3. 

WEAVE was formed in 2014 as an environmental consulting company focused on mining and 

environmental remediation. WEAVE's managers have over 7 5 years of combined experience in 

the mining and remediation fields. Some of our mining clients include: 

-Ash Grove Cement, Montana City, MT. 

-Banetts Minerals, Dillon, MT. 

-Graymont Western US, Townsend, MT. 

-Holcirn Inc. Trident, MT. 

We provides professional mapping and petmitting services that require large high resolution aerial 
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posed activities; public involvement is a corner stone of the NEP A process and key to getting approval for mining activities. A quality image and map are more easily understood by the public then 

an extensive document. WEAVE is committed to quality mapping as a means for public involvement. 

1. CHARACTERISTICS OF THE AIRCRAFT 

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

pounds) platfmm 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 highdefinition 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. 

c. Semi-automatic flight 

The miificial intelligence incorporated within the eBee autopilot system continuously analyzes data 

fi:om the Ine1iial 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. 
Permit Map -Shows the mines permitted area for disturbance vs. smTounding prope1iy and topography Post Mine Topography Map- Shows the planned final reclamation contours of the mine and 

any remaining visual evidence (open pits, high walls) this map is useful in providing the public 

and agencies with a look at what the mine area will look like years after operations have ceased. 

Mine Development Map - Displays the mines intended rate of development; essentially, where 

they will mine and when. 

Stormwater Map - Charts the drainage patterns of storm water as it interacts with the mine or 

facilities roads or other disturbances. 

Reclamation Map - Displays the various areas of reclamation and their progress in attaining release from bond. 

Bond Map- Displays the bond status of different areas of the mine based on historic, recent and 

future planned activities. 

Stockpiles Map- Using the Terra 3D software WEAVE will be able to give accurate estimations of soil, ore and overburden stockpiles. These estimates often determine bonding levels and 

are vitally imp01iant in ensuring a mine is bonded correctly by the State of Montana. 

3. APPLICABLE LEGAL STANDARD UNDER SECTION 333 

a. Airworthiness assessment of the eBee 

WEAVE notes that the airw01ihiness 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/1 0208/nrnsu-uas-flight-testcenter-conducts-ebee-airwOtihiness-assessment, and the USACE New Orleans, who coordinated 

with the Depmiment of Almy 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. 

SenseFly also obtained flight approvals for the eBee (delivered by national civil aviation authorities) in many countries, among others: 

D Switzerland (flight approval for VLOS operations) D Canada (flight approval for VLOS operations) 

D Australia (flight approval for VLOS operations) 
b. Operating requirements 

Grant of the exemption to WEAVE for the eBee will be subject to the following operating conditions: 

D 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. 

D 2. Operations for the pmpose of closed-set motion picture and television filming are not 

petmitted. 

D 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. 

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

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

D 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. 

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

visual line of sight (VLOS) ofthe 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 perfmm the duties required of the VO. 

D 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 refened 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 
tional test flight prior to conducting further operations under this exemption. Functional test 

flights may only be conducted by a PIC with aVO 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 prope1ty. 

D 9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is in 

a condition for safe operation. 

D 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 perfmmed and the UAS is found to be in a condition for safe flight. 

D 11. The operator must follow the UAS manufacturer's maintenance, overhaul, replacement, 

inspection, and life limit requirements for the aircraft and aircraft components. 

D 12. Each UAS operated under this exemption must comply with all manufacturer safety 

bulletins. 

D 13. Under this grant of exemption, a PIC must hold either an airline transpmt, commercial, 

private, recreational, or spoli pilot ce1tificate. The PIC must also hold a current FAA ai1man 

medical certificate or a valid U.S. driver's license issued by a state, the District of Colombia, 

Pue1to 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 ce1tificate. 

D 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 experiencebuilding) and dete1mining 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 te1ms 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 nonpmticipants, and the PIC must operate the 

UA with appropriate distance from nonpatticipants in accordance with 14 CFR § 91.119. 

D 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. 
D 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 :fi:om the PIC. 

D 18. If the UAS loses communications or loses its GPS signal, the UA must return to a predetermined location within the private or controlled-access property. 

D 19. The PIC must abo1t the flight in the event ofunpredicted obstacles or emergencies. 

D 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. 

D 21. Air Traffic Organization (ATO) Ce1tificate of Waiver or Authorization (COA). All operations shall be conducted in accordance with an A TO-issued CO A. The exemption holder 

may apply for a new or amended COA if it intends to conduct operations that cannot be 

conducted under the te1ms of the attached COA. 

D 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. Mar·lcings must be as large as 

practicable. 

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D 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. 

D 24. The UA must remain clear and give way to all manned aviation operations and activities 

at all times. 

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

D 26. All Flight operations must be conducted at least 500 feet from all nonparticipating persons, vessels, vehicles, and structures unless: 

D a. Barriers or structures ar·e 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 

D b. The owner/controller of any vessels, vehicles or structures has granted pe1mission 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. 
0 28. Any incident, accident, or flight operation that transgresses the lateral or vetiical boundaries of the operational area as defmed by the applicable COA must be repmied to the FAA's 

UAS Integration Office (AFS-80) within 24 hours. Accidents must be repmied to the National Transportation Safety Board (NTSB) per instmctions contained on the NTSB Web 

site: www.ntsb.gov. 

3. CONCLUSION 

WEAVE is seeking this exemption so that we can use the SenseFly eBee sUAS for commercial 

operations. This sUAS provides a faster, cost effective and safe means of aerial photography data 

collection which in turn allows WEAVE to provide the public, government regulators and clients 

with accurate information to make informed decisions. 

Approval of this exemption provides WEAVE the opportunity to use existing technology to provide the best product and service possible. Accurate maps are the basis for key environmental 

and industrial decisions; WEAVE wishes to continue to provide cost effective and excellent service in this area, the eBee is a continuation of this goal. 

Please do not hesitate to contact me if you have any questions 

YouR£/~ 

Ryder Juntunen 

Weave Consulting Inc. 

406.690.5863 

1juntunen@weavemanagement.com 
Section 91 .203 requires all civil aircraft to have a certificate of airworthiness. Part 21, Subpmt H, 

entitled Airwmthiness Cettificates, establishes the procedural requirements for the issuance of airworthiness certificates as required by FAR § 91.203( a). Given the size of the eBee, its very light 

weight (the maximum take-off weight is 1. 7 pounds) and the limited operating area associated with 

its utilization, it is unnecessary to go through the certificate of airwmthiness process under Pmt 21 

Subpmt H in order to achieve or exceed current safety levels. 

Such an exemption meets the requirements of an equivalent level of safety under Pmt 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 airwmthiness cettificate, upon 

consideration of the size, weight, speed, operational capability, and proximity to airpmts and populated areas of the UAS involved. An analysis of these different criteria demonstrates that the eBee 

operated without an airwmthiness cettificate, under the conditions proposed in that exemption, will 

be at least as safe, or safer, than a conventional aircraft with an airwmthiness cettificate. A proprietary risk assessment for operations with the eBee, which demonstrates that assettion, is also being 

submitted to the FAA as pmt of this application. WEAVE requests the FAA treat the eBee risk 

assessment as proprietmy under 14 C.F.R. 11.35(b) and not include this document in the public 

docket. 

14 C.F.R. § 61.3: Requirements for certificates, ratings and authorizations 

14 C.F.R. § 61.113(a) & (b); 61.133(a): Private Pilot Privileges and Limitations; Pilot in 

Command; Commercial Pilot Privileges and Limitations 

The regulation provides that no person may serve as a required pilot flight crewmember of a civil 

aircraft of the United States, unless that person: 

(1) Has a pilot cettificate or special purpose pilot authorization issued under this patt in that person's 

physical possession or readily accessible in the aircraft when exercising the privileges of that pilot 

certificate or authorization. However, when the aircraft is operated within a foreign country, a pilot 

license issued by that country may be used. 

The regulation provides also that no person that holds a private pilot cettificate may act as pilot in 

command of an aircraft for compensation or hire. Subparagraph (b) allows a private pilot to act as 

pilot in command of an aircraft in connection with any business or employment if: 

(1) The flight is only incidental to that business or employment; 

(2) The aircraft does not carry passengers or 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 (eMotion), SenseFly proposes that 

operators of the eBee should not be required to hold a commercial pilot cettification. Instead, operators should be required to: 
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0 New Mexico State University: https://newscenter.nmsu.edu/Articles/view/10208/nmsuuas-flight -test -center-conducts-ebee-airworthiness-assessment 0 US ACE New Orleans, who coordinated with the Depmtment 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 ofUSACE 

structures & activities 

An equivalent level of safety will be achieved by insuring compliance with the SenseFly manuals 

prior to each flight. 

14 CFR § 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 aircraft will be operating at a 

maximum of 400 feet AGL, the eBee cannot comply with this requirement. 

The equivalent level of safety will be achieved because the eBee will only fly over private prope1ty 

with the permission of the landowner. The operator will define before every flight a working area 

radius and a 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 flight and the associated risks to persons and pro petty on the ground. Due to the 

small size of the eBee and the material with which the eBee is built, the hazard to persons, vessels, 

vehicles, and structures is not comparable to manned aircraft and should be considered in granting 

the exemption. 

Moreover, the aircraft will not be operated over congested areas nor over any open-air assembly of 

persons. The aircraft will be operated at an altitude allowing, if a power unit fails, an emergency 

landing without undue hazard to persons or prope1ty on the surface. 

14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions 

The regulation provides that no person may begin a flight in an airplane under day-VFR conditions 

unless there is enough fuel to fly to the first point of intended landing and to fly after that for at least 

30 minutes. 

Given the area of operation for the eBee, WEAVE believes that an equivalent level of safety is 

already achieved with the specific procedure preventing the eBee to accept a take-off order is the 

battery level is below a given value. Moreover, SenseFly has integrated a "low" and "critical" battery warnings, and implemented a "retum to Home" and "Go Land" actions in these situations. 
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or licensed pilots and records of approval of the aircraft for retum to service. 

WEAVE proposes that the maintenance of the eBee will be accomplished by the owner/operator according to the maintenance manual, provided by SenseFly. WEAVE requests 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. 

An equivalent level of safety will be achieved because the eBee is small in size, it is not a complex mechanical device, it will carry no extemal payload, and it will operate only in restricted predeter- mined areas. Moreover, the operator is the person most familiar with the aircraft and is best suited 

to maintain the aircraft in an airwmthy condition and to ensure an equivalent level of safety. Finally, before eve1y flight, the eBee runs automatically a sequence of pre-flight tests to make sure that 

every sensor and every critical pmt is running properly. If a problem is detected, the eBee will not 

be able to be switched-on and a message enor is displayed on the main screen of 

the flight management software. The operator can then refer to the maintenance manual to troubleshoot this issue. Several pmts of the eBee are easily interchangeable (propellers, wings), which allows the operator to make sure the wings and propulsion system are always airwmthy when a mission is initiated.