October 8, 2014 U.S. Department ofTransportation Docket Management System!· 1200 New JerseyAve., SE Washington, DC 20590

Dear Sir orMadam: 

### tl!)

Attached please find Bechtel Equipment Operations, Inc.'s request for an exemption from the listed Federal Aviation Regulations to allow commercial operation ofits Small Unmanned Aircraft Systems ("sUASs") for aerial imaging for safety and monitoringof secured and controlled environment construction sites. This exemption request is exclusively for the use ofthe UAS manufactured by Skycatch, Inc., a San Francisco based company. Also attached to this letter is the Skycatch UAS Flight Manual, which outlines the operatingrequirements, limitations, and technical specifications for the Skycatch system. Bechtel has reviewed this Manual and has found it to be acceptable for sUAS operations on its secure project sites. Applicant submits this manual as a Confidential document under 14 CFR 11.35 (b) as the entire manual contains proprietary information that the applicant has not and will not share with others. The Manual contains operating conditions and procedures that are not available tothepublic and are protected from release under the Freedom ofInformation Act 5 USC 552 et. seq. Thankyou for your time and consideration, and please let me know ifyou have any questions.

Sincerely,

# ~iv!~ Bechtel Equipment Operations, Inc. CorporateManager ofConstruction

Gabriel Dobbs Skycatch, Inc.October 8, 20I4 U.S. Department ofTransportation Docket Management SystemU I200New Jersey Ave., SE Washington, DC 20590
Re: Exemption Request Section 333 ofthe FAA Reform Act and Part II ofthe Federal Aviation Regulations from 14 CFR 61.113 (a) & (b); 91.103(b); 91.119; 91.12I; 91.15I(a); 91.405 (a); 91.407(a) (1); 91.409 (a) (2); 91.4I7 (a) & (b). Dear Sir orMadam:
Pursuant to Section 333 ofthe FAA Modernization and Reform Act of2012 (the Reform Act) and 14 C.F.R. Part 11, Bechtel Equipment Operations, Inc., an engineering and construction company, onbehalfofitselfand its related affiliates under common ownership and control, hereby applies for an exemption from the listed Federal Aviation Regulations ("FARs") to allow commercial operation ofits Small Unmanned Aircraft Systems (''sUAS") for aerial imaging for safety and monitoring ofsecured and controlled environment construction sites, so long as such operations are conducted within and underthe conditions outlined herein or as maybe established bythe FAA as required by Section 333. As detailed in this document and the attached Flight Manual, the requested exemption would permit the operation ofsUAS under controlled conditions in airspace that is I) limited 2) predetermined 3) controlled as to access and 4) would provide safety enhancements to the already best practices safetyprotocols followed byBechtel at each one ofits construction sites. Approval ofthis exemption would thereby enhance safety and fulfill the Secretary ofTransportation's (the FAA Administrator's) responsibilities to "

...establishrequirements for the safe operation ofsuch aircraft systems in the national airspace system." Section 333(c) ofthe Reform Act. The name and address ofthe applicant is: Bechtel Equipment Operations, Inc. Michael J. Lewis PH: 7I3.235.5398 Email: mjlewis@bechtel.com Regulations from which the exemption is requested:
14 C.F.R. Part 210 I4 C.F.R. 45.23(b)O 14 C.F.R. 61.113 (a) & (b) 14 C.F.R. 91.7 (a)O 14 C.F.R. 91.9 (b) (2)0 14 C.F.R. 91.1030 14 C.F.R. 91.1090 14 C.F.R. 91.1190 14 C.F.R. 91.1210

114 C.F.R. 91.151 (a) [J 14 C.F.R. 91.203 (a) & (b) 14 C.F.R. 91.405 (a)O 14 C.F.R. 407 (a) (1)0 14 C.F.R. 409 (a) (2)0 14 C.F.R. 417 (a) & (b)

I. STATUTORY AUTHORITY FOR EXEMPTIONS The Federal Aviation Act expressly grants the FAA authorityto issue exemptions. This statutory authority includes exempting civil aircraft, as the term is defined under §40101 ofthe Act, including sUASs, from the requirement that all civil aircraft must have a current airworthiness certificate. The Administratormay grant an exemption from a requirement ofa regulation prescribed under subsection (a) or (b) ofthis section or any sections 44702-44716 ofthis title ifthe Administrator finds the exemption in the public interest. 49 U.S.C. §44701(£) See also 49 USC §44711(a); 49 USC §44704; 14 CFR §91.203(a) (1). Section 333(b) ofthe Reform Act assists the Secretaryin determining whether sUAS mayoperate in the National Airspace System (NAS) without creating a hazard to the user, the public, or athreat to national security. In makingthis determination, the Secretarymust consider:

• The sUAS's size, weight, speed, and operational capability;

• Whetherthe sUAS operates within the visual line ofsight ofthe operator

• Whether the sUAS operates outside ofhighly populated areas and away from closeproximityto airports Reform Act §333(a). Ifthe Secretarydetermines that a sUAS "mayoperate safely in the national airspace system, the Secretary shall establishrequirements for the safe operation ofsuch aircraft in the national airspace system."!d. §333(c). Bechtel's sUAS are multirotor vehicles, weighing 10 or fewer lbs. including payload. Theyoperate under normal conditions at a speed ofno more than 50 knots and have the capabilityto hover, and move in the vertical and horizontal plane simultaneously. The sUAS will operate only in the Pilot's visual line ofsight at all times and will operate only within the sterile area described inthe Confidential Skycatch Flight Manual, attached as Exhibit 1 (hereinafter "theManual"). Such operations will insure that the sUAS will "not create ahazard to users ofthe national airspace system orthe public." Reform Act Section 333 (b). Given the small size ofthe sUAS involved and the restricted and sterile environment within which theywill operate, our application falls squarelywithin the zone ofsafety (an equivalent level ofsafety) in which Congress envisioned that the FAA must, byexemption, allow commercial operations ofsUAS to commence immediately. Also due to the small size ofthe sUAS and the low altitudes and restricted areas in which the sUAS will operate, approval ofthe application presents no national security issue.



### 2Given the clear direction in Section 333 ofthe Reform Act, the authority contained in the Federal Aviation Act, as amended; the strong equivalent level ofsafety surrounding the proposed operations, and the significantpublicbenefit, including enhanced safety, the grant ofthe requested exemptions is in the public interest. Accordingly, Bechtel respectfullyrequests that the FAA grant the requested exemption without delay.



### II. PUBLIC INTEREST

This exemption application is expressly submitted to fulfill Congress' goal in passing Section 333(a) through (c) ofthe Reform Act. This law directs the Secretary of Transportation to considerwhether certain unmanned aircraft systems may operate safely in theNAS before completion ofthe rulemaking required under Section 332 ofthe Reform Act. Bygranting an exemption the FAA will fulfill Congress's intent ofallowing UAS to operate with significant safetyprecautions in low risk environments. The use ofsUAS on a construction site can significantlyreduce the risk to workers offalls while inspecting, surveying, or monitoring siteprogress. sUAS can inspect, photograph, and collect data onhard to get to areas that otherwise would require worker inspection. Falls are a leading source ofworkplace fatality and injury on construction sites 1

, and reducing falls through sUAS use for site imaging could save workers lives. Additionally, sUAS could replace the use ofhelicopters and small aircraft to monitor sites. The sUAS we propose to fly in this application are under five pounds, and carry no combustiblematerial onboard, as opposed to the much larger conventionally powered small aircraft. Shifting to sUAS from helicopters presents a marked safety increase for ourworkers and the public. Lastly, sUAS reduce the environmental impactbydramatically decreasing the energy used for aerial imaging and data collection over a construction site. Our sUAS use rechargeable lithium ion batteries, as opposed to fossil fuels burned in operation ofsmall aircraft that are manyhundreds oftimes heavier.



### III. EQUIVALENT LEVEL OFSAFETY Bechtel proposes that the exemption requested herein apply to sUAS that have the characteristics and that operate with the limitations listed herein. These limitations provide for at least an equivalent orevenhigher level ofsafety to operationsunderthe current regulatory structurebecause the proposed operations represent a safety enhancement to the already safe protocols followed on construction sites and imaging and surveying operations conducted with helicopters and other conventional aircraft.

1 "Commonly Used Statistics", Occupational Safety & Health Administration.Available at: https:/ jwww.osha.gov /oshstatsjcommonstats.html



### 3I

Bechtel will beboundbythe following limitations when conductingits sUAS operations under an FAA issued exemption: 1. The sUAS will be less than I0 pounds. 2. Flights will be operated within visual line ofsight ofa pilot. 3. Maximum total flight time for each operational flight will be 30 minutes. TheUAS calculates batteryreserve in real time, and will return to its ground station with at least 20%batterypower reserve should that occurprior to the 30 minute limit. 4. Flights will normallybe operated at an altitude of200 feet AGL, never exceeding400 feet AGL. 5. Crew for each operation will consist ofthe sUAS Pilot who will keep the sUAS within his visual line ofsight at all times. 6. The sUAS Pilot will be trained in flight, operations, and safetyprocedures as detailed in the Flight Manual. 7. The sUAS 

### will only operate within a confined "SterileArea" as defined in the Manual. The Manual also requires the establishment ofa "Security Perimeter" for the flight operations area. 8. A briefing will be conducted in regard to the planned sUAS operations prior to each day's production activities. It will bemandatory that all personnel who will be performingduties within the boundaries ofthe safetyperimeterbe present for this briefing. 9. All onsite personnel will consent to the UAS flyover on siteby waiver, and the operator

### will obtain additional verbal orwritten consent ofall persons who will be allowed within 1 00 feet ofthe flight operation. 10. Pilot will have beentrained in operation ofUASs generally and received up-to-date information on the particular UAS to be operated as required by Section F ofthe Manual. 11. Written and/or oral permission from the relevant propertyholders will be obtained. 12. All required permissions and permits will be obtained from territorial, state, county or cityjurisdictions, including local law enforcement, fire, orother appropriate governmental agencies. 13. Ifthe sUAS loses communications orloses its GPS signal, it will have capabilityto enter "loitermode" and hover, reestablish satellite connection, and return to a predetermined location within the SecurityPerimeter and land.
IV. DESCRIPTION OF SPECIFIC REGULATIONS
14 CFR61.113 (a) & (b): Private pilotprivileges and limitations: Pilot in command
Sections 61.113 (a) & (b) limit privatepilots to non-commercial operations. Because the sUAS will not carry a pilot orpassengers, the proposed operations can achieve the equivalent level ofsafety ofcurrent operationsbyrequiringthe Pilot operating the aircraft to have completed a sUAS flight training course of 100 hours before flying a sUAS (See Section F ofthe Manual for more details). Unlike a conventional aircraft that carries the pilot and passengers, the sUAS is remotely controlled with no living thing or cargo onboard. Skycatch's sUAS is also operatedby an autopilot, which greatlyreduces the danger ofhuman error. The area ofoperationis controlled and restricted to hard hat



### 4areas, and all flights are planned and coordinated in advance as set forth in the Manual.
The sUAS to be operated hereunder is less than 10 lbs. fully loaded, carries neither a pilot nor passenger, carries no explosive materials or flammable liquid fuels, and operates exclusively within a secured area as set out in the Manual. Like other civil aircraft, operations under this exemption will betightly controlled and monitored bythe operator, pursuant to the Manual's requirements, and underthe requirements and in compliance with local public safetyrequirements, to provide securityfor the area ofoperation as is currently done on active construction sites. The FAA will have advance notice ofall operations.
The risks associated with the operation ofthe sUAS are therefore diminished from the level ofrisk associated with commercial operations contemplated byPart 61 when drafted, and allowing operations ofthe sUAS as requested with a Pilot who has met the minimum requirements stated in Section F ofthe Manual achieves the level ofsafety contemplated by 14 C.F.R. §61.113 (a) & (b).

14 C.F.R. 91.103: PreflightAction
This regulation requires each pilot in command take certain actions before flight to ensure the safety offlight. An exemption is needed from this requirement as the Pilot will take separate preflight actions, including checking for weather conditions, checkingflight battery requirements, checkingtakeoffand landing distances, and all other actions in the Preflight Checklist in the Manual. These actions will provide an equivalent level of safety. See Appendix A ofthe Manual.

14 C.F. R. 91.119: Minimum SafeAltitudes
Section 91.119 establishes safe altitudes for operation ofcivil aircraft. Section 91.119 (d) allows helicopters to be operated at less than the minimums prescribed, provided the person operatingthe helicopter complies with any route oraltitudes prescribed for helicopters bythe FAA. This exemption is for a multirotor craft that flies similarlyto a helicopter, with vertical take offand vertical landing, which will typically operate at altitudes of200AGL, so an exemption maybeneeded to allow such operations. The sUAS will never operate at altitude higher than 400 AGL and will bein a restricted area with security perimeter, where buildings and people will not be exposed to operations without theirpre-obtained consent. See Manual for detailed procedures.
The equivalent level ofsafetywill be achieved given the size, weight, speed ofthe sUAS as well as the location where it is operated. No flight will betaken without thepermission oftheproperty owner orlocal officials. Because ofthe advance notice to theproperty owner and anyonsite personnel as outlined in the Manual, all affected individuals will be aware ofthe planned flight operations. Unlike flight operations with aircraft orrotorcraft weighing far morethan the maximum 10 lbs. proposed herein, our sUAS will not carry flammable fuel. In addition, the low-altitude operations ofthe sUAS will ensure



### 5separation between sUAS operations and the operations ofconventional aircraft that must comply with Section 91.119.



### 14 C.F.R. 91.121: Altimeter Settings
This regulation requires each person operating an aircraft to maintain cruising altitude by reference to an altimeter that is set "

...to the elevation ofthe departure airport or an appropriate altimeter setting available before departure." As the sUAS maynot have a barometric altimeter, butinstead a GPS altitude read out, an exemption maybe needed. An equivalent level ofsafety will be achieved bythe operator, pursuant to the Manual and Safety Check list, confirming the altitude ofthe launch site shown on the GPS altitude indicatorbefore flight.


### 14 CFR91.151 (a): Fuel requirements for flight in VFR conditions Section 91.151 (a) outlines fuel requirements for beginning a flight in VFR conditions. Our sUAS is limited to operations in sterile and controlled environments as outlined in the Manual, and has a limited range and flight time which require an exemption from 14 CFR 91.151(a).
The batterypowering the sUAS provides approximately 35 minutes ofpowered flight. To meet the 30 minute reserve requirement in 14 CFR §91.151, sUAS flights would be limited to approximately 5 minutes in length. Given the limitations on the sUAS's proposed flight area and the location ofits proposed operations within a predetermined area, a longertimeframe for flight in daylight ornight VFR conditions is reasonable.
Bechtel believes that-an exemption from 14 CFR §91.151(a) falls within the scope of prior exemptions. See Exemption 10673 (allowing Lockheed Martin Corporation to operate without compliance with FAR 91.151 (a)). Operatingthe small sUAS, in a tightly controlled area where onlypeople and property owners orofficial representatives who have signed waivers will be allowed, with less than 30 minutes ofreserve fuel, does not engender the type ofrisks that Section 91.151(a) was intended to alleviate given the size and speed ofthe small UAS. Additionally, limiting sUAS flights to 10 minu.tes would greatlyreduce the utility for which the exemption will be granted.
An equivalent level ofsafety can be achieved bylimiting flights to 30 minutes, orenough batteryreserve to ensure that the sUAS lands at the ground station with at least 20% of batterypower (as determined bythe onboard monitoring system and the Pilot), whichever happens first. This restriction would be more than adequate to return the sUAS to its planned landing zone from anywhere in its limited operating area. Similar exemptions havebeen granted to other operations, includingExemptions 2689F, 5745, 10673, and 10808. 

### 14 CFR91.405 (a); 407 (a)(1); 409 (a)(2); 417 (a) & 

### (b): Maintenance inspections
Theseregulations require that an aircraft operator orowner "shall have that aircraft

6inspected as prescribed in subpart E ofthis part and shall between required inspections, except as provided in paragraph (c) ofthis section, have discrepancies repaired as prescribed in part 43 ofthis chapter.

..," and others shall inspect ormaintain the aircraft in compliance with Part 43.
Given that these sections and Part 43 apply only to aircraft with an airworthiness certificate, these sections will not apply to Bechtel. Maintenance will be accomplished by the operatorpursuant to the flight manual and operating handbook as referenced in the Manual. 

### An equivalent level ofsafety will be achieved because these small sUAS are very limited in size and will carry a small payload and operate onlyin restricted areas for limited periods oftime. Ifmechanical issues arise the sUAS can land immediately and will be operating from no higher than 400 feet AGL. As provided in the Manual, the Pilot will ensure that the sUAS is in working order prior to initiatingflight, perform required maintenance, and keep a log ofanymaintenanceperformed. Moreover, the Pilot is the person most familiar with the aircraft and best suited to maintain the aircraft in an airworthy condition to provide the equivalent level ofsafety. 

## *******
Pursuant to 14 C.F.R. Part 11, the following summaryis provided for publication inthe Federal Register, should it bedetermined that publication is needed: Applicant seeks an exemption from the following rules: 14 C.F.R. §21, subpart H; 14 C.F.R45.23(b);l4 C.F.R. §§ 61.113( a) & (b);91.7 (a); 91.9 (b) (2);91.103(b);91.109; 91.119; 91.121; 91.151(a);91.203(a) and (b); 91.405 (a); 91.407 (a) (1); 91.409 (a) (2); 91.409 (a) (2) and 91.417 (a) & (b) to operate commercially a small unmanned vehicle (55lbs or less) in construction operations. Approval ofexemptions allowing commercial operations ofsUAS in the construction industry enhances safety whilereducing risk. Manned aircraft monitoring and surveying creates a greaterrisk because the craft are much larger, have combustible fuel, and carry an onboard human pilot. In contrast, a sUAS weighing fewer than 10 lbs. and poweredby batteries eliminates virtually all ofthat risk given the reduced mass and lack of combustible fuel carried on board. The sUAS will carry no passengers or crew and, therefore, will not expose them to the risks associated with manned aircraft flights.
The operation ofsmall sUAS, weighing less than 10 lbs., conducted in the strict conditions outlined above, will provide an equivalent level ofsafety supporting the grant ofthe exemptions requested herein, including exemptingthe applicant from the requirements ofPart 21 and allowing commercial operations. These lightweight aircraft operate at slow speeds, closeto the ground, and in a sterile environment and, as a result, are far safer than conventional operations conducted with turbine helicopters operating in closeproximityto the ground and people. Privacy
All flights will occur overprivate or controlled access property with the property owner's



### 7prior consent and knowledge. Images taken will be ofindividuals who have also consented to being filmed orotherwise have agreed to be in the area where aerial photographywill take place. 

## *******
Satisfaction ofthe criteriaprovided in Section 333 ofthe Reform Act of2012--size, weight, speed, operating capabilities, proximityto airports and populated areas and operation within visual line ofsight and national security- provide morethan adequate justification for the grant ofthe requested exemptions allowing commercial operation of applicant's sUAS in construction industry pursuant to the Manual appended hereto.

Sincerely,

# ~i;~~ Bechtel Equipment Operations, Inc. Corporate Manager ofConstruction

Gabriel Dobbs Skycatch, Inc.



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