usi advanced technology

usi advanced technology llc Ȼ 2004 north commerce Ȼ victoria tx 77901 Ȼ 361.578.9837

June 4, 2015

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

Re: Petition for Summary Grant of Exemption under Section 333, FAA Modernization and Reform Act

(the "Reform Act") and Part 11, Federal Aviation Regulations

Ladies and Gentlemen:

Pursuant to Section 333 of the Reform Act and 14 C.F.R. Part 11, USI Advanced Technology LLC (“USI”),

an operator of the eBee Unmanned Aircraft System manufactured by SenseFly Ltd. (the “eBee”),

requests a summary grant of exemption from the following listed regulations:

x 14 C.F.R. 21

x 14 C.F.R. 45.23

x 14 C.F.R. 45.29

x 14 C.F.R. 61.3

x 14 C.F.R. 61.113(a)&(b)

x 14 C.F.R. 61.133(a)

x 14 C.F.R. 91.7(b)

x 14 C.F.R. 91.9(b)(2)

x 14 C.F.R. 91.109(a)

x 14 C.F.R. 91.119

x 14 C.F.R. 91.121

x 14 C.F.R. 91.151(a)

x 14 C.F.R. 91.203(a) & (b)

x 14 CFR Subpart E (91.401 - 91.417)

This exemption will authorize commercial operations utilizing the eBee for surveying and mapping. Such

operations will be subject to operating requirements and conditions defined by the Safety Code of the

Academy of Model Aeronautics (“AMA”) and the eBee user manual in order to ensure at least an

equivalent level of safety to currently authorized operations using manned aircraft. USI requests that

the SenseFly Ltd. eBee user manual be treated as proprietary under 14 C.F.R. 11.35(b) and does not

include that document in the public docket.

The eBee will be operated by an individual who:

x Holds at least a sport pilot certificate and a current FAA airman medical certificate or a valid U.S.

Drivers license issued by a state, the District of Columbia, Puerto Rico, a territory, possession, or

the federal government;
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June 4, 2015

Page 2

x Meets the flight review requirements specified in 14 CFR §61.56 in an aircraft in which the

operator is rated on his or her pilot certificate;

x has successfully completed SenseFly Ltd.'s training program for the eBee1;

x has either completed an AMA-affiliated small unanned aircraft systems ("UAS") education and

training program and has achieved an AMA UAS endorsement; or successfully completed a small

UAS education and training program provided by any FAA qualified entity.

1. CHARACTERISTICS OF THE AIRCRAFT

The eBee is a small and ultra-lightweight UAS with a wingspan of 37.8 inches and a maximum take-off

weight of 1.7 lbs. The aircraft is constructed from flexible foam, and it performs pre-programmed flight

guided by on-board GPS and eMotion flight management software. The craft carries aboard a small

digital camera that takes a series of high-definition still images, which, once back on the ground, are

analyzed with specialized software to produce precision maps and mapping information of the area

photographed. 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-power

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 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 to emergent

circumstances. This is possible due to the remote controller provided with the system.

1

 USI requests that the SenseFly Ltd. eBee training program be treated as proprietary under 14 C.F.R. 11.35(b) and

it therefore does not include that document in the public docket.
Department of Transportation

June 4, 2015

Page 3

2. APPLICATIONS

USI intends to use the eBee to conduct flights to gather images and aerial data for use in the conduct of

land surveys, terrain-modeling, mapping activities, and in the generation of other geographic

information products and services. Among other things, the following geographic information can be

obtained through the use of the eBee:

x topographic characteristics

x volumetric estimates

x slope and terrain impediments

x natural and cultural resource identification

x as-built feature identification and analysis

x hazard evaluation

x project design evaluations

UAS technology is beneficial to the land surveying industry, as it affords substantial cost and time

savings in the development of real-time and information-rich GIS products. Those cost and time savings

in turn generate additional benefits in terms of conservation and safety: less fuel use, fewer emissions

generated, less risk to personnel conducting the data gathering function, and less intrusiveness and risk

to third parties and/or the property of third parties. In particular:

x Added safety: no need for the humans to directly access dangerous working areas, as missions

can be programmed and reproduced reliably as often as needed for regularly updated maps; no

fuel is carried, meaning less risk to persons and property on the ground.

x Cost effectiveness: It is cheaper to operate a UAS rather than an aircraft or other ground

systems to obtain the same information. Moreover, the eBee enables the confrontation of new

challenges and the development of new products, like resource or environmental management

through analysis of surface characteristics or conditions.

x Efficiency: A flight does not require long preparation time or long deployment of personnel or

resources, or long waiting time for weather conditions or data return unlike, for example, the

use of satellites or manned aircraft. Pre-programmed operation is repeatable, something hard

to replicate with manned or other systems.

x Social benefits: The electric powered craft consumes little energy and its operation is quiet and

emission free; its affordability allows many high-valued applications like data gathering for

sustainability projects (agribusiness, reforestation) or post-disaster management applications.

The FAA has approved a number of exemptions for like operations, including those sought by Trimble

Navigation Ltd., VDOS Global, Clayco Inc., Woolpert Inc., Eagle UAS Services, and by the eBee's

manufacturer, SenseFly Ltd.
Department of Transportation

June 4, 2015

Page 4

3. APPLICABLE LEGAL STANDARD UNDER SECTION 333

a. Airworthiness assessment of the eBee

USI 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, SenseFly has obtained flight approvals for the eBee (delivered by national civil aviation

authorities) in many countries, among others:

x Switzerland (flight approval for VLOS operations)

x Canada (flight approval for VLOS operations)

x Australia (flight approval for VLOS operations)

x France (flight approval for Extended-VLOS operations)

x Germany (flight approval for VLOS operations)

x United Kingdom (flight approval for VLOS operations)

x Norway (flight approval for VLOS operations)

x Sweden (flight approval for VLOS operations)

x Denmark (flight approval for VLOS operations)

b. Operating requirements

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

on the operating conditions set forth by the Academy of Model Aeronautics (see ANNEX B). The main

restrictions are summarized below:

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

with permission from the land owner/authority required before commencing any flight;

x Operations over congested areas shall be avoided;

x 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;

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

x Aircraft operations must remain within Visual Line of Sight (VLOS) and will be visually monitored

at all times;

x Visual Line of Sight operations guaranteed with a GPS geo-fence around operator of 0.5 miles;

x Flight ceiling pre-programmed at or below 400 feet;
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June 4, 2015

Page 5

x All operations conducted within five 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;

x 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.

x eBee operations will be compliant with existing safety procedures of its manufacturer, SenseFly

Ltd.

A large percentage of project locations serviced by USI are in isolated, rural, nonresidential areas. Before

an area is flown, USI will request written permission from the property owner. With the geo-fence

incorporated within the flight management software, USI will avoid flying over houses and yards as

much as reasonably possible. The flight ceiling will be pre-programmed no higher than 400 feet to

ensure the aircraft will not fly over the height specified by the AMA. By staying below this level, the

eBee should not interfere with manned aircraft operations. USI takes pride in providing a safe working

environment for its personnel and currently has excellent safety procedures in place.

c. Operating Requirements

The eBee is an ultra-light UAS platform made of flexible foam with no sharp or hard edges. It operates

under pre-programmed controls and possesses various technical capabilities (programming of a geofence, automatic wind detection) that prevent operation outside of prescribed limits. All flights are preprogrammed with GPS guidance and do not require human intervention; nevertheless, human override

is possible by clicking on one of the multiple “action” buttons or by using the remote controller provided

with each eBee system. In the case of unplanned events, either the autopilot reacts immediately or the

operator can choose between different pre-programmed or manual actions. Those procedures include a

Flight Termination System (emergency landing procedure, triggered by the autopilot or the operator in

charge: given its very light weight, the eBee will initiate a gliding approach to the ground at very low

speed around the current location). Moreover, the kinetic energy of the aircraft is 60 J in-flight at cruise

speed. In comparison, the kinetic energy of a football is about 110 J when thrown by hand.

Given these safety features recognized by the U.S. Army Corps of Engineers and the national aviation

authority of several countries, USI requests an exemption from the airworthiness certification

requirements in Part 21 and the concomitant requirements in 14 C.F.R. 91.7(a)) and 91.203 to operate

an airworthy aircraft. Instead, operators of the eBee will:

x Hold at least a sport pilot certificate and a current FAA airman medical certificate or a valid U.S.

Drivers license issued by a state, the District of Columbia, Puerto Rico, a territory, possession, or

the federal government;

x Meet the flight review requirements specified in 14 CFR §61.56 in an aircraft in which the

operator is rated on his or her pilot certificate;
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June 4, 2015

Page 6

x Have completed an AMA affiliated small UAS education and training program and achieved an

AMA UAS endorsement, or have successfully completed a small UAS education and training

program provided by any FAA qualified entity;

x Have passed SenseFly Ltd.’s training program for operation of the eBee. SenseFly's training

program for operators has been already satisfactorily reviewed through the Application for

Airworthiness Qualification Level (AQL) 3 Airworthiness Release (AWR).

USI also seeks an exemption from certain requirements in Parts 45 and 91 that are impractical as well as

unnecessary for UAS operations. Please see ANNEX A for a detailed explanation of each regulation from

which an exemption is sought and the equivalent level of safety showing.

4. CONCLUSION

USI, adopting the position of SenseFly Ltd. and the AMA, which both possess deep and well-known

experience in terms of the safe integration of remote controlled aircraft in the national airspace for lowlevel operations, offers adequate justification for the grant of the requested exemption allowing for its

safe operation of the eBee in the National Airspace System for the commercial purposes stated above.

The value that the eBee and similar UASs bring to the land surveying industry is possibly immeasurable.

The demand for better, fresher, and more detailed geographic data and information will only continue

to increase. The integration of the eBee as a component of USI's information gathering toolbox will be

of tremendous benefit to it.

Yours sincerely,

USI Advanced Technology LLC

 /s/ Terry Ruddick

Terry Ruddick, President
ANNEX A – Page 1

ANNEX A: EXEMPTION REQUEST AND EQUIVALENT LEVEL OF SAFETY

SHOWINGS UNDER APPLICABLE RULES SUBJECT TO EXEMPTION

USI requests an exemption from the following regulations as well as any additional regulations that may

technically apply to the operation of the eBee:

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates

14 CFR § 91.203(a)(1)

Section 91.203 requires all civil aircraft to have a certificate of airworthiness. Part 21, Subpart H, entitled

Airworthiness Certificates, establishes 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 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, is also being submitted to the FAA as part of this application.

USI 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. § 61.3: 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 certificate or special purpose pilot authorization issued under this part in that person's

physical possession or readily accessible in the aircraft when exercising the privileges of that pilot
ANNEX A – Page 2

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 certificate 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:

x The flight is only incidental to that business or employment;

x 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 certification. Instead, operators should be required

to:

Have a private pilot license and have successfully passed a manufacturer’s training program for the eBee.

The operator will either meet the flight review requirements specified in 14 CFR §61.56 or will annually

complete and log at least 4 hours of ground instruction with a certified flight instructor (CFI) covering

regulations pertinent to operation of the eBee.

14 C.F.R. § 91.7(a): Civil aircraft airworthiness

This regulation requires that no person may operate a civil aircraft unless it is in airworthy condition.

Should the exemption be granted 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 airworthiness assessments given to the eBee, among others:

x New Mexico State University: https://newscenter.nmsu.edu/Articles/view/10208/nmsu- uas-flighttest-center-conducts-ebee-airworthiness-assessment

x 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 SenseFly manuals prior to

each flight.
ANNEX A – Page 3

14 C.F.R. § 91.9: Civil aircraft flight manual, marking, and placard requirements.

This regulation provides that no person may operate an aircraft unless a current, approved flight manual is

in the aircraft. USI assumes that the intent of this requirement is to ensure that flight manual information is

available to the aircrew while operating the aircraft. USI requests an exemption to this requirement since

the aircraft is not only too small to carry documentation, the documentation would not be available to the

crew.

The equivalent level of safety will be achieved by keeping a hard copy of the flight manual in the eBee

transportation box.

14 C.F.R. § 91.109(a) & 91.319(a)(1): 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."

Flight instruction will be accomplished through an elaborate training program, using first the simulation

mode of the flight management software eMotion. The equivalent level of safety during the training will be

achieved by the manufacturer or authorized distributor providing the training and through the use of

experienced and qualified operators familiar with the eBee.

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 property with

the permission of the landowner or public property where approved. The operator will define before every

flight a working area radius and a flight area ceiling, preventing the eBee from going 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 property 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 property on the surface.
ANNEX A – Page 4

14 CFR 91.121 – Altimeter settings

This section requires that each person operating an aircraft shall maintain the cruising altitude or flight

level of that aircraft, as the case may be, by reference to an altimeter that is set, when operating below

18,000 feet MSL to:

x The current reported altimeter setting of a station along the route and within 100 nautical miles of

the aircraft;

x If there is no station within the area prescribed in paragraph (a)(1)(i) of this section, the current

reported altimeter setting of an appropriate available station;

x In the case of an aircraft not equipped with a radio, the elevation of the departure airport or an

appropriate altimeter setting available before departure.

To provide an equivalent level of safety, 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 merged with respect to

their respective precisions. The GPS provides reliable information to correct potential barometric bias,

while rapid variations in altitude are detected through the barometer. Hence, barometric bias induced by

environmental factors is rejected.

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, USI 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, SenseFly has integrated “low” and “critical” battery level warnings and

implemented a “return to Home” (and “Go Land”) actions in these situations.

14 C.F.R. § 91.203 (a) & (b): Carrying Civil Aircraft Certification and Registration

This regulation provides as follows:

x No person may operate a civil aircraft unless it has an appropriate and current airworthiness

certificate.

x 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.

The eBee weighs only 1.7 pounds (max take-off weight). As such, there is no ability or place to carry

certification and registration documents or to display them on the UAS. In addition, there is no pilot or

passengers on board the aircraft.
ANNEX A – Page 5

To obtain an equivalent level of safety and meet the intent of 91.203, USI proposes that documents deemed

appropriate for this aircraft by the FAA will be co-located with the operator at the ground control station in

the eBee box and available for inspection upon request.

14 CFR Subpart E (91.401 - 91.417) - Maintenance, Preventive Maintenance, and

Alterations

The regulation provides 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

that the aircraft be "approved for return to service by a person authorized under 43.7" after maintenance

and inspection. Section 91.409(a)(2) requires an annual inspection for the issuance of an airworthiness

certificate. Section 91.417(a) requires the owner or operator to keep records showing certain maintenance

work that has been accomplished by certificated mechanics, under Part 43, or licensed pilots and records of

approval of the aircraft for return to service.

USI proposes that the maintenance of the eBee will be accomplished by the owner/operator according to

the maintenance manual, provided by SenseFly Ltd. USI requests the FAA treat the eBee maintenance

manual as proprietary under 14 C.F.R. 11.35(b) and not include this document in the public docket.

An equivalent level of safety will be achieved because the eBee is small in size, it is not a complex

mechanical device, it will carry no external payload, and it will operate only in restricted predetermined

areas. Moreover, the operator is the person most familiar with the aircraft and is best suited to maintain the

aircraft in an airworthy condition and to ensure an equivalent level of safety. Finally, before every flight,

the eBee runs automatically a sequence of pre-flight tests to make sure that every sensor and every critical

part is running properly. If a problem is detected, the eBee will not be able to be switched-on and an error

message 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 parts of the eBee are easily interchangeable

(propellers, wings), which allows the operator to make sure the wings and propulsion system are always

airworthy when a mission is initiated.
usi advanced technology llc Ȼ 2004 north commerce Ȼ victoria tx 77901 Ȼ 361.578.9837

ANNEX B: ACADEMY OF MODEL AERONAUTICS SAFETY REQUIREMENTS

http://www.modelaircraft.org/files/105.pdf

http://www.modelaircraft.org/files/540-D.pdf

http://www.modelaircraft.org/files/560.pdf