A Professional Corporation

2463 Boulevard
Colonial Heights, Virginia 23834
Telephone: 804.520.9015

Facsimile: 804.520.9016





 June 19

, 2015
Via Regular U.S. Mail
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

To whom it may concern

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”)
and 14 C.F.R. Part 11, TOWNES, PC (“ hereinafter referred to as TOWNES ”), 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. 61.133(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. 91.151(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 ( TOWN ES 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

en sure at least an equivalent level of safety to currently authorized operations using manned

aircrafts.Page 2 of 8

FAA





 The eBee will be operated by an individual who fulfill the following requirements:

 Has successfully passed a manufacturer’s training program for t he eBee; TOWNES 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.

1. CHARACTERISTICS OF THE AIRCRAFT

The eBee is a small (37.8 inches wingspan) and ultra

- lig ht (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 surve yed

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 e nergy ( 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 str ucture.

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 objec t.

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 superv ision 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 ope rations and take manual control of the aircraft should it become necessary to respond emergent circumstances, thanks to the remote controller provided with the system.Page 3 of 8

FAA





 2. APPLICATIONS

The eBee will be used to map for natural resources, endangered s pecies and plant life,
topography, as

- built construction conditions and progress, quarry and mining operations
(noncongested areas), sales demonstrations and crew training.

3. APPLICABLE LEGAL STANDARD UNDER SECTION 333

a. Airworthiness assessment of the eBee

TOWNES 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

- conducts

- ebee

- airworthiness

- assessment , and the USACE New Orleans, who

coordina ted with the Department of Army and the FAA to obtain all authorizations required i n order to operate the eBee UAS).

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

 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 K ingdom (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 TOWNES for the eBee w ill 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 w ill 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;

 All operations conducted within 5 miles from an airport shall only be initiated after verbalPage 4 of 8

FAA





 coordination w ith 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 territorial, state, county or city jurisdictions; including local law enforce ment, 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 successfully completed t he written test of the Private Pilot license

. .

3. CONCLUSION

Townes, PC is a professional Civil Engineering and Lan d Surveying firm with licensure in the
Commonwealth of Virginia . We are engaged in civil engineering and high precision mapping
and survey ing. Our services provide clients exceptional quality and quick repsonse giving the m

the ability to make better decisions on projects . The eBee allows for a higher degree of accuracy

and saf ety than having TOWNES employees in the field where projects have difficult

environmental conditions. Moreover, the eBee is very safe for other aircrafts because of
the mission specifications (below 400 ft.) and eBee integrated safety features. 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

S incerely,

Charles C. Townes, II, P.E., L.S.

PresidentPage 5 of 8

FAA





 ANNEX A: EXEMPTION REQUEST AND EQUIVALENT LEVEL OF SAFETY

SHOWINGS UNDER APPLICABLE RULES SUBJECT TO EXEMPTION

TOWNES requests an exemption from the following regulations as well as any additional regulations that may technically apply to the operation of the eBe e:

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 req uirements 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 unn ecessary 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 Re form 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 ai rports 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 co nventional 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. TOWNES requests the

FAA treat the eBee ris k 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 aircraf t'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. § 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 allow ing 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 Un iversity: https://newscenter.nmsu.edu/Articles/view/10208/nmsu

uas

- flight

- test

- center

- conducts

- ebee

- airworthiness

- assessment

 USACE New Orleans, who coordinated with the Department of Army and the FAA toPage 6 of 8

FAA





 obtain all authorizations required in order to operate the eBee UAS for levee system monitoring, documentation of construction progress, and extensive oblique photography

of USA CE 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, marking, and placard requirements.

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

manual is in the aircraft. TOWNES assumes that the intent of this requirement is to ensure that flight manual information is available to the aircrew while operating the aircraft. TOWNES 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 m anual 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 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 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,

vess els, 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 operat ed at an altitude allowing, if a power unit fails, an emergency landing without undue hazard to persons or property on the surface.Page 7 of 8

FAA





 14 CFR 91.121

– Altimeter settings

This section requires that each person operating an aircraft shall maintain the crui sing 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 depa rture 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 baro meter 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 environm ental 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 in tended landing and to fly after

that for at least 30 minutes.

Given the area of operation for the eBee, TOWNES believes that an equivalent level of safety is already achieved with the specific procedure preventing the eBee to accept a take

- off order i f th e 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 Ce rtification 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 requir ed 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.

To obtain an equivalent level of safety and meet the intent of 91.203, TOWNES 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 requestPage 8 of 8

FAA





 14 CFR Subpart E (91.401

- 91.417)

- Maintenance, Preventive Maint enance, 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 "appro ved 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 rec ords 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.

TOWNES proposes that the maintenance of the eBee will be accomplis hed by the owner/operator according to the maintenance manual, provided by SenseFly. TOWNES 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 o f 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 a ircraft 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 cri tical 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

troublesh oot 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.

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