.-**~** BLUE6RA!i5**•J!!l~ttttl** co•,••'" November 17, 2015 U.S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE Washington, DC 20590 Bluegrass Materials Company. ·-••.;C .!Tl'ir200 W. Forsyth Street**S~i.t¢)2Q(),:,** :-..:..:·.1-_-; .•• Jacksonville, FL 32202 ,·.·.**~** >.-.'....:,'·-;:· ·**,.~·** .. -·-... (904)70 1-6500 --**-~·**_:.'"--.••... 1G:1**··r.~:**2'-l •\**~·:**...,0 --..**~**;)v Re: Exemption Request Under Section 333 ofthe FAA Reform Act and Part 11 ofthe Federal Aviation Regulations Dear Siror Madam, Pursuant to Section 333 ofthe FAA Modernization and Reform·Act of2012 (the "Reform Act") and 14 C.F.R. Part 11, Bluegrass Materials Company, an operator ofthe eBee Unmanned Aircraft System ("eBee") seeks an exemption from the Federal Aviation Regulations ("F ARs") 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) •14C.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

inthe eBee user manual (Bluegrass Materials Company requests the FAA treat the eBee training program as proprietary under 14 C.F.R. 11.35(b) and does not include this document inthe public docket) and conditions defined bythe Safety Code ofthe 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 byan individual who fulfill the following requirements: • Has successfully passed a manufacturer's training program forthe eBee; Bluegrass Materials Company requests the FAA treat the eBee training program as proprietary under 14 C.F.R. 11.35(b) and does not include this document inthe public docket.1. CHARACTERISTICS OF THE AIRCRAFT The eBee isa small (37.8 inches wingspan) and ultra-light (maximum take-off weight of1.7 pounds) platform made of flexible foam that performs pre-programmed precision aerial mapping missions thanks tothe on-board GPS and the related flight management software (eMotion) that allows the operator to plan safely and efficiently a mission in30, and then monitor itin realtime. Thanks tothe embedded camera, protected bya foam envelope, the eBee takes a collection of high-definition still images that are used later to generate maps and contour lines ofthe surveyed area. The four main characteristics ofthe eBee are:

A. Very light weight • The eBee isso light that the operator can launch itby hand and letitland on almost any surface without requiring a parachute or landing net (belly land). Its low impact energy (38Jin case ofa controlled emergency landing) also significantly reduces the risk of hazardous situations. Finally, the wings ofthe eBee are 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 attached witha rubber band tothe body ofthe plane sothatitcan 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 ofallthe aspects ofthe flight under the supervision ofthe operator. D. Option for Manual control • Additionally, the eBee provides an override capability that allows the operator to take manual actions during the flight (Goto Home, Go Land, Hold and Resume the mission) and also suspend automated operations and take manual control ofthe aircraft should it become necessary to respond emergent circumstances, thanks tothe remote controller provided with the system. 2. APPLICATIONSThe eBee will be used to map for natural resources, endangered species 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 ofthe eBee Bluegrass Materials Company notes that the airworthiness ofthe eBee has already been demonstrated for different projects inthe United States, involving state/federal agencies or

universities (among others the New Mexico State University: https ://newscenter .nmsu.edu/ Articles/view/ 1 0208/nmsu-uas- flight -test -center-conducts-ebeeairworthiness-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 ofthe exemption to Bluegrass Materials Company forthe eBee will be subject tothe following operating conditions, based onthe operating conditions set forth bythe Academy of Model Aeronautics (see Annex B). The main restrictions are summarized below:

• Operations tobe 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 atall times; • VLOS guaranteed withaGPS geo-fence around operator of0.5 miles • Flight ceiling pre-programed at400 feet; • All operations conducted within 5 miles from an airport shall only be initiated after verbal coordination with the airport authority, orair traffic control when a control tower is present atthe airport;• All operations shall comply with required permissions and permits established by territorial, state, county orcity jurisdictions; including local law enforcement, fire, or other appropriate governmental agencies. • The eBee operations will be compliant with existing safety procedures inherent tothe activities ofthe related company. C. Operator Requirements The eBee operator will have successfully completed the written test ofthe Private Pilot license ..

3. CONCLUSION Bluegrass Materials Company isan aggregates and concrete block producer.. The eBee is safer than having Bluegrass Materials Company's employees and 3rd party contractors outinthe field

for specific projects andisalso very safe for other aircrafts because ofthe mission specifications (below 400ft.) and eBee integrated safety features. We are prepared to modify or amend any part ofthis request to satisfy the need foran equivalent level of safety. We look forward to working with your office. Please contact usatany time ifyou require additional information or clarificationYours sincerely,**rt:~**Evan ConnorBluegrass Materials CompanyANNEX A: EXEMPTION REQUEST AND EQUIVALENT LEVEL OF SAFETY SHOWINGS UNDER APPLICABLE RULES SUBJECT TO EXEMPTION Bluegrass Materials Company requests an exemption from the following regulations as well as any additional regulations that may technically apply tothe operation ofthe eBee:

14 C.F.R. Part 21, Subpart H: Ainvorthiness Certificates 14 CFR § 91.203(a)(1) Section 91.203 requires all civil aircraft to havea certificate of airworthiness. Part 21, Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements forthe issuance of airworthiness certificates as required by FAR§ 91.203(a). Given the size ofthe eBee, its very light weight (the maximum take-off weight is1.7 pounds) and the limited operating area associated with its utilization, itis unnecessary togo through the certificate of airworthiness process under Part 21 Subpart Hin order to achieve or exceed current safety levels. Such an exemption meets the requirements ofan equivalent level of safety under Part 11and Section 333 ofthe Reform Act. The Federal Aviation Act and Section 333 ofthe Reform Act both authorize the FAA to exempt aircraft from the requirement foran airworthiness certificate, upon consideration ofthe size, weight, speed, operational capability, and proximity to airports

and populated areas ofthe UAS involved. An analysis of these different criteria demonstrates that the eBee operated without an airworthiness certificate, under the conditions proposed inthat exemption, will beat least as safe, or safer, thana conventional aircraft with an airworthiness certificate. A proprietary risk assessment for operations with the eBee, which demonstrates that

assertion, isalso being submitted tothe FAA as part ofthis application. Bluegrass Materials Company requests the FAA treat the eBee risk assessment as proprietary under 14 C.F.R.

11.35(b) and not include this document inthe 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 least3 inches high. Additionally, the aircraft must display the word "EXPERIMENTAL" in letters at least2 inches high near the entrance tothe cabin, cockpit, or pilot station.Given the size ofthe eBee (wingspan of37.8 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 acivil aircraft unless itisin airworthy condition. Should the exemption be granted allowing commercial operation ofthe eBee without an airworthiness certificate, no standard will exist for airworthiness ofthe eBee. Given the size ofthe aircraft and the previous airworthiness assessments given tothe eBee, among others: • New Mexico State University: https://newscenter.nmsu.edu/ Articles/view/1 0208/nmsuuas-f1ight- test -center-conducts-ebee-airworthiness-assessment • US ACE 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 ofUSACE 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 provides that no person may operate an aircraft unless a current, approved flight manual isinthe aircraft. Bluegrass Materials Company assumes that the intent ofthis requirement isto ensure that flight manual information is available tothe aircrew while operating the aircraft. Bluegrass Materials Company requests an exemption tothis requirement since the aircraft isnot only too small to carry documentation, the documentation would notbe available tothe crew. The equivalent level of safety will be achieved by keeping ahard copy ofthe flight manual inthe eBee transportation box. 14 C.F.R. § 91.109(a) & 91.319(a)(1): Flight Instruction The regulation provides that "No person may operate acivil aircraft thatis 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 ofthe flight management software eMotion. The equivalent level of safety during the training will be achieved bythe manufacturer or authorized distributor providing the training and through the useof 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 feettoany person, vessel, vehicle, or structure. Since the aircraft will be operating ata maximum of400 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 ofthe landowner. The operator will define before every flight a working area radius anda flight area ceiling, preventing the eBee togo beyond the flight area. The landowner and the persons who may beonthe ground inthe flight area will be briefed ofthe expected route of flight and the associated risks to persons and property onthe ground. Due to the small size ofthe eBee and the material with which the eBee is built, the hazard to persons, vessels, vehicles, and structures isnot comparable to manned aircraft and should be considered in granting the exemption. Moreover, the aircraft will notbe operated over congested areas nor over any open-air assembly of persons. The aircraft will be operated atan altitude allowing, ifa power unit fails, an emergency landing without undue hazard to persons or property onthe 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, asthe case may be,by reference toan altimeter thatisset, when operating below 18,000 feet MSL to: • The current reported altimeter setting ofa station along the route and within 100 nautical miles ofthe aircraft; •If there isno station within the area prescribed in paragraph (a)(l)(i) ofthis section, the current reported altimeter setting ofan appropriate available station; •Inthe case ofan aircraft not equipped witha radio, the elevation ofthe departure airport oran 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 inan airplane under day- VFR conditions unless there is enough fuel toflytothe first point of intended landing andtofly after that forat least 30 minutes. Given the area of operation for the eBee, Bluegrass Materials Company believes that an equivalent level of safety is already achieved with the specific procedure preventing the eBee to accept a take-off order isthe 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: • No person may operate acivil aircraft unless ithasan appropriate and current airworthiness certificate. • No person may operate acivil aircraft unless the airworthiness certificate required by paragraph (a)ofthis section ora special flight authorization issued under §91.715 is displayed atthe cabin or cockpit entrance sothatitis legible to passengers or crew. The eBee weighs only 1.7 pounds (max take-off weight). As such, there isno ability or place to carry certification and registration documents orto display them onthe UAS. In addition, there is no pilot or passengers on board the aircraft. To obtain an equivalent level of safety and meet the intent of91.203, Bluegrass Materials Company propose that documents deemed appropriate for this aircraft bythe FAA will becolocated with the operator atthe ground control station inthe eBee box and available for inspection upon request 14 CFR Subpart E (91.401- 91.417)- Maintenance, Preventive Maintenance, and AlterationsThe 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 bya person authorized under

43.7" after maintenance and inspection. Section 91.409(a)(2) requires an annual inspection for the issuance ofan 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 ofthe aircraft for return to servtce. Bluegrass Materials Company proposes that the maintenance ofthe eBee will be accomplished bythe owner/operator according tothe maintenance manual, provided by SenseFly. Bluegrass Materials Company requests the FAA treat the eBee training program as proprietary under 14 C.F.R. 11.35(b) and not include this document inthe public docket. An equivalent level of safety will be achieved because the eBee is small in size,itisnota complex mechanical device, itwill carry no external payload, anditwill operate only in restricted predetermined areas. Moreover, the operator isthe person most familiar with the

aircraft andisbest suited to maintain the aircraft inan airworthy condition andto 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 partis running properly. Ifa problem is detected, the eBee will notbe abletobe switched-on anda message error is displayed onthe main screen ofthe flight management software. The operator can then refer tothe maintenance manual to troubleshoot this issue. Several parts ofthe 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/filesll 05.pdf http://www.modelaircraft.org/files/540-D.pdf http://www.modelaircraft.org/files/560.pdf