5 October 2015

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE 

Washington, DC 20590 

Re: Docket FAA 2015-0023, Petition for Amendment to Exemption No. 11339

Dear Sir or Madam: 

Empire Unmanned received FAA Exemption No. 11339 on April 16, 2015 authorizing us to operate the 

SenseFly eBee in order to conduct precision photogrammetry. This petition is for an amendment to 

that exemption, namely to amend altitude and/or proximity restrictions in order to permit the survey of 

public roadways.

The eBee weighs only 1.7 pounds and can produce a detailed 3-dimensional model of roadways, 

bridges, and construction sites. These models assist engineers and county planners in maintaining 

and improving public infrastructure. We propose that conducting these surveys with a 

lightweight drone creates less of a hazard than flying a manned aircraft to conduct the same 

survey. For example, if the eBee were to encounter a propulsion problem over a highway, the 

pilot's last choice for recovery would be to land on the pavement where the aircraft is likely to be 

crushed by a car. The opposite is true for a manned aircraft in which a highway is often the first 

choice for a forced landing.

However, the restrictions of our exemption prevent us from conducting these surveys. Item 4 of 

our exemption requires us to fly below 400 feet AGL, while item 26 requires that we fly no 

closer than 500 feet to persons, vessels, vehicles, and structures without their permission. In 

coordination with the Idaho Department of Transportation we studied the apparent solution of 

stopping traffic for the short duration of the flight. This was ruled out since stopping traffic not 

only inconveniences the public, it greatly increases the risk of collision. Furthermore, obtaining 

permission from the drivers using the roadway is not only impractical, it would slow traffic and 

create additional distractions.

In order to provide benefit to the public with surveys of infrastructure while minimizing 

additional risk, we propose either or both of the following amendments to Exemption No. 

11339.

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

(AGL) or 500 feet when specifically permitted by a COA. Altitude must be reported in feet 

AGL. 

26. All Flight operations must be conducted at least 500 feet from all nonparticipating

persons, vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons

from the UA and/or debris in the event of an accident. The operator must ensure

that nonparticipating persons remain under such protection. If a situation arises

where nonparticipating persons leave such protection and are within 500 feet of
the UA, flight operations must cease immediately in a manner ensuring the safety

of nonparticipating persons; and

b. The owner/controller of any vessels, vehicles or structures has granted permission

for operating closer to those objects and the PIC has made a safety assessment of

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

present an undue hazard. 

c. A local government agency, such as a state transportation department or county highway 

department, has conducted a safety risk assessment and approved risk mitigation procedures to 

safely conduct a flight over public roadways and easements. These procedures must be 

made available to the Administrator or any law enforcement official upon request.

Conducting the flight at 500' AGL would allow us to comply with item #26, since we could 

maintain 500' from persons, vessels, vehicles and structures. We would apply for individual 

COAs for each proposed operation. The change to #26 would allow local experts to study each 

operation and ensure safety without creating an additional burden on the FAA.

We are prepared to modify or amend any part of this request to satisfy the need for an equivalent 

level of safety. We look forward to working with your office. Please contact us at any time if 

you require additional information or clarification. 

Sincerely,

Bradley J. Ward

Chief Pilot, Empire Unmanned

Empire Unmanned LLC

Attn: Bradley Ward

Ph: 208-844-7775

Email: bradw@empireunmanned.com