Optimized Ag, LLC

617 Yucca Road

Elk Horn, Iowa 51531

(712) 764-5475

www.optimizedag.com

January 14, 2016

U. S. Department of Transportation 

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590 

Submitted Electronically via the Federal Docket Management System (FDMS)

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 Modernization and Reform Act of 2012 (the "Reform Act") and 14 

C.F.R. Part 11, Optimized Ag (“Optimized Ag”), an operator of the eBee Unmanned Aircraft System 

(“eBee”) and of the DJI Phantom 3 Advanced Quadcopter (“Phantom”) 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 and the Phantom for visual inspection of crops and equipment, as well as for filming 

farming operations for promotional material. These operations will be subject to strict operating 

requirements defined in the eBee user manual and Phantom user manual (Optimized Ag requests the 

FAA treat the eBee training program and Phantom 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 and Phantom will be operated by an individual who fulfill the following requirements: 

• Has successfully passed a manufacturer's training program for the eBee and Phantom; Optimized Ag

requests the FAA treat the eBee training program and Phantom 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 AIRCRAFTS

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 Phantom is also ultra-light (less than 3 pounds) and made of plastics and carbon fibered propellers. 

It is controlled with hand-held remote controller and maybe pre-programmed to fly waypoints.

The four main characteristics of the eBee and Phantom are very similar and are as follows: 

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. 

Additionally, the Phantom, being a quadcopter is also so that it can take off at a safe distance 

from people or other objects and does not require a parachute or landing net. It is very 

lightweight.

b. Electric-powered 

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

reliable. The propeller on the eBee 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. The propellers on the Phantom can 

easily be stopped in the event of contact.

c. Semi-automatic flight 
The artificial intelligence incorporated within the eBee and Phantom autopilot systems

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 and Phantom 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 

Optimized Ag intends to use eBee Ag and Phantom to collect imagery of growing crops and empty fields, 

as well as film and take high definition pictures for promotional purposes. Operations will be conducted 

with the landowner's permission based on contract with grower. The imagery will be collected and 

analyzed by Optimized Ag and provided to farmer to help determine crop needs and improve farm 

management and provide promotional material to growers. 

Our base of operations is in Elk Horn, Iowa which is in southeast Shelby County. Our local area 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 around them is not 

always feasible from 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 

Optimized 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-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 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)

The same goes for the Phantom. This request follows many others using similar systems and 

processes that have been granted previously. This request would not set a precedent and is 

compatible with a Summary Grant of Exemption. All included UA have previously received 

Summary Grants under one or both of the following exemption authorizations: 

1. Exemption No. 11481 – Mr. Lon Santis, 

2. Exemption No. 11363 (with Amendment) - David Ho, and

3. Exemption No. 11263 (with Amendment) - Mr. Jean-Christophe Zufferey 

These exemptions cite similarity with relief previously requested in Grant of Exemption Nos. 

11062, 11109, 11112, and 11213.

b. Operating requirements 

Grant of the exemption to OPTIMIZED AG for the eBee and Phantom 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: 

• 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; 

• 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 permissions and permits established by Page 3 of 

9 territorial, state, county or city j 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 or Phantom operator will have a Private Pilot license and will successfully have 

passed a manufacturer's training program for the eBee or Phantom. 

4. 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: 

Optimized Ag 

Attn: Kirk Andersen

617 Yucca Road

Elk Horn, Iowa 51531

Ph: 1-712-764-5475

Fax: 1-712-764-5474

Email: kirk@optimizedag.com

Sincerely, 

Kirk Andersen, manager

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
ANNEX A: EXEMPTION REQUEST AND EQUIVALENT LEVEL OF SAFETY SHOWINGS UNDER APPLICABLE 

RULES SUBJECT TO EXEMPTION 

Optimized Ag requests an exemption from the following regulations as well as any additional regulations 

that may technically apply to the operation of the eBee or Phantom: 

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 or Phantom, it’s very light weight 

and the limited operating area associated with its utilization, it is unnecessary to go through the 

certificate of airworthiness process under Part 21 Subpart H in order to achieve or exceed current safety 

levels. 

Such an exemption meets the requirements of an equivalent level of safety under Part 11 and Section 

333 of the Reform Act. The Federal Aviation Act and Section 333 of the Reform Act both authorize the 

FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration of the 

size, weight, speed, operational capability, and proximity to airports and populated areas of the UAS 

involved. An analysis of these different criteria demonstrates that the eBee or Phantom 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 or Phantom, which demonstrates that assertion, is also being 

submitted to the FAA as part of this application. Optimized Ag requests the FAA treat the eBee and 

Phantom 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 

and Phantom, 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 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: 

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

(b) The aircraft does not carry passengers or property for compensation or hire. 

Given the safety features of the eBee and Phantom and the fact that the missions are preprogrammed and monitored in real-time with a specific flight management software, 

SenseFly and DJI proposes that operators of the eBee or Phantom should not be required to 

hold a commercial pilot certification. Instead, operators should be required to: 

(2) Have a private pilot license and have successfully passed a manufacturer's training program 

for the eBee or Phantom. 

(3) Possess a medical card or current driver’s license

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

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 or Phantom without an 

airworthiness certificate, no standard will exist for airworthiness of the eBee or Phantom. 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-flighttest-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 

As for the Phantom, previously received Summary Grants of the following exemption authorizations: 

1. Exemption No. 11481 – Mr. Lon Santis, 

2. Exemption No. 11363 (with Amendment) - David Ho, and 

3. Exemption No. 11263 (with Amendment) - Mr. Jean-Christophe Zufferey 

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

prior to each flight. 

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. Optimized Ag assumes that the intent of this requirement is to ensure that flight 

manual information is available to the aircrew while operating the aircraft. Optimized Ag requests an 

exemption to this requirement since these aircraft are 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 manual in the corresponding 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 elaborated training program, using first the simulation mode of the flight 

management software. 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 or Phantom. 

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 or Phantom cannot comply with this requirement. The equivalent level of safety 

will be achieved because the eBee or Phantom 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 or Phantom 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 or Phantom 

and the material with which the eBee or Phantom 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. 

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 aircraft; 

• 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 or Phantom 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 or Phantom, Optimized Ag believes that an equivalent level of 

safety is already achieved with the specific procedure preventing the eBee or Phantom to accept a takeoff order is the battery level is below a given value. Moreover, SenseFly and DJI 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: 

• 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 or Phantom weighs less than 3 pounds. 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.

To obtain an equivalent level of safety and meet the intent of 91.203, OPTIMIZED 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 corresponding eBee or Phantom 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. 

Optimized Ag proposes that the maintenance of the eBee or Phantom will be accomplished by the 

owner/operator according to the maintenance manual, provided by SenseFly or DJI. Optimized Ag 

requests the FAA treat the eBee or Phantom 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 or Phantom 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 or Phantom 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 or Phantom 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 or Phantom 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. 
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