= MidplainsAg 

51556 836 RD ♦ Elgin, NE 68636 ♦ Ph. (402) 843-5342 ♦ precisionag@midpins.com 

February 17, 2015 

U. S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE 

Washington, DC 20590 

Re: Exemption Request 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 Modeinization and Reform Act of 2012 (the "Reform Act") 

and 14 C.F.R. Part 11, EDRM, Inc. DBA Midplains Ag. ("Midplains Ag"), an operator of the 

eBee Unmanned Aircraft System ("eBee") seeks an exemption from the Federal Aviation 

Regulations ("FARs") listed below: 

• 14 C.F.R. 21 

• 14 C.F.R. 45.23 

• 14 C.F.R. 45.29 

• 14 C.F.R. 61.3 

• 14 C.F.R. 61.113(a)&(b) 

• 14 C.F.R. 61.133(a) 

• 14 C.F.R. 91.7(b) 

• 14 C.F.R. 91.9(b)(2) 

• 14 C.F.R. 91.109(a) 

• 14 C.F.R. 91.119 

• 14 C.F.R. 91.121 

• 14 C.F.R. 91.151(a) 

• 14 C.F.R. 91.203(a) & (b) 

• 14 CFR Subpart E(91.401 - 91.417) 

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 (Midplains Ag 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) and 

conditions defined by the Safety Code of the Academy of Model Aeronautics (see Annex B), in 

order to ensure at least an equivalent level of safety to currently authorized operations using 

manned aircrafts. 

The eBee will be operated by an individual who fulfill the following requirements: 

• Has successfully passed a manufacturer's training program for the eBee; Midplains Ag 

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; 

• Has a Private Pilot license. 
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) 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 aze used later to generate maps and contour lines of the surveyed 

area. 

The four main chazacteristics 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 pazachute 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 aze 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 atta.ched 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 onboazd GPS and takes caze 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. 

2. APPLICATIONS 

Midplains Ag intends to use eBee Ag to collect imagery of growing crops and empty fields. 

Operations will be conducted with the landowner's permission based on contract with grower. 

The imagery will be collected and analyzed by Midplains Ag and provided to farmer to help 

determine crop needs and improve fazm management. 

Our base of operations is in Elgin, NE which is in south west Antelope County. Our local azea is 

really close to a couple of wind farms whose turbines reach up to 450 feet in the air. Some of our 

possible clients have turbines on their properties that we will need to be able to avoid. Going 

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ai•ound them is not always feasible fronl a logistical and aerial imagery sense. We would like to 

be able to get above them in these situations. See request below to fly at 495 feet to avoid land 

based obstacles. 

3. APPLICABLE LEGAL STANDARD UNDER SECTION 333 

a. Airworthiness assessment of the eBee 

Midplains Ag 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-fling_ttest-center-conducts-ebee-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 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 MIDPLAINS AG for the eBee will be subject to the following 

operating conditions, based on the operating conditions set fortll by the Academy of Model 

Aeronautics (see Annex B). 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, niust yield the right of way 

to manned aireraft, 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; 

• VLOS guaranteed with a GPS geo-fence around operator of 0.5 miles 

• Flight ceiling pre-programed at 400 feet unless avoiding land based obstacles example 

wind turbine reaching 450 feet in this case ceiling adjust to 495 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 perniissions and permits established by 

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territorial, state, county or city j urisdictions; 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 Private Pilot license and will successfully have passed a 

manufacturer's training program for the eBee. 

3. CONCLUSION 

It was exciting for us when Advanced Aviation Solutions of Idaho received their FAA exemption 

on January 6, 2014. Pravia, LLC received eBee Ag exemption on February 6 and Viafield 

received theirs on February 9. They are using the same eBee UAS system that we are requesting 

for our exemption to use commercially in the Agriculture industry. We are prepared to modify or 

amend any part of this request to satisfy the need for an equivalent level of safety. We appreciate 

your offices time and look forward to working with you. Please contact us at any time if you 

require additional information or clarification. 

Our contact information is: 

Midplains Ag 

Attn: Tiffany Hemenway 

51556 836 Rd 

Elgin, NE 686.36 

Ph: 1-855-821-9298 

Fax: 1-866-519-1261 

Email: tiffany@midpins.com 

Sincerely, 

Richard Uhrenholdt 

President 

Appendices: 

A. Exemption Request and Equivalent Level of Safety 

B. Academy of Model Aeronautics Safety Requirements 

C. Privacy issues - Proprietary 

D. Safety Case - Proprietary 

E. Maintenance Procedures - Proprietary 

F. User Manual - Proprietary 

G. Training Program - Proprietary 

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ANNEX A: EXEMPTION REQUEST AND EQUIVALENT LEVEL OF SAFETY 

SHOWINGS UNDER APPLICABLE RULES SUBJECT TO EXEMPTION 

Midplains Ag 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 a.nalysis 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. Midplains Ag 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 certificate or authorization. However, when the aircrafft is operated within a fereign 

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 

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

pilot in command of an aireraft 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 llire. 

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 inanufacturer's training program for 

the eBee. 

14 C.F.R. § 91.7(a): Civil aircraft airNvoi - thiness 

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: 

• New Mexico State University: https://newscenter.nmsu.edu/Articles/view/ 10208/nmsuuas-flight-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 SenseFly manuals 

prior to each flight. 

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

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

manual is in the aircraft. Midplains Ag assumes that the intent of this requirement is to ensure 

that flight manual information is available to the aircrew while operating the aircraft. Midplains 

Ag requests an exemption to this requirement since the aireraft 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 copv of ~ tlie f1io11t 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 fli(Yht 

instruction unless that aircraft has fully functioning dual controls." 

Flight instruction wi 11 be accomplished through an elaborated 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 

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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. 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 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 aircrafft 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 properry on the surface. 

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: 

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

miles of the aircrafft; 

• 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; 

• 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, Midplains Ag 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 "low" and "critical" 

battery level warnings and implemented a"return to Home" (and "Go Land") actions in these 

situations. 

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

This 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. 

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 aircrafl. 

To obtain an equivalent level of safety and meet the intent of 91.203, MIDPLAINS AG propose 

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. 

Midplains Ag proposes that the maintenance of the eBee will be accomplished by the 

owner/operator according to the maintenance manual, provided by SenseFly. Midplains Ag 

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 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 a message error 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. 

Page 8 of 9 
ANNEX B: ACADEMY OF NIODEL AERONAUTICS SAFETY REQUIREMENTS 

http:// ~,"vw.modelaircraft.or ~.,T/files/ 105.pdf 

http://www.modelaircraft.or ,i,,/iiles/540-D.pdf 

littp://www.modelaircraft.or!.),/tiles/560.pdf 

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