October 2, 2015

U.S. DepartmentofTransportation DocketManagement System 1200NewJerseyAve., SE Washington, DC 20590 2300 Barren River Road Bowling Green, KY 42101 (270) 781-3998

Re: Exemption Request Under Section 333 ofthe FAA Reform Act and Part 11 ofthe Federal Aviation Regulations DearMadam, Sir, Pursuant to Section 333 ofthe FAA Modernization and Reform Act of2012 (the "Reform Act") and 14 C.F.R. Part 11, Scotty's Contracting and Stone, LLC. ("Scotty's Contracting and Stone, LLC"), an operator ofthe eBee Unmanned Aircraft System ("eBee") seeks an exemptionfrom the Federal AviationRegulations ("FARs") listed below: 

## • 14 C.F.R. 21 

# • 14 C.F.R. 45.23 

# • 14 C.F.R45.29 

# • 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 SubpartE (91.401

- 91.417) The requested exemptionwould 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 (Scotty's Contracting and Stone, LLC. 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 ensure at least an equivalent level ofsafety to currently authorized operations using manned aircrafts. The eBee will be operatedby an individual who fulfills the following requirements:

• Has successfully passed a manufacturer's training program for the eBee; Scotty's Contracting and Stone, LLC is utilizing a training program provided by SenseFly andrequests the FAA treat the eBee training program as proprietary to SenseFly under 14 C.P.R. 11.35(b) and does notincludethis document inthe public docket.

1. CHARACTERISTICS OF THEAIRCRAFT The eBee is a small (37.8 inches wingspan) and ultra-light (maximum take-off weight of 1.7 pounds) platform made offlexible 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 operatorto plan safely and efficiently a mission in 3D, and then monitorit inreal-time. Thanks to the embedded camera, protected by a foam envelope, the eBee takes a collection of high-defmition still images that are used later to generate maps and contour lines ofthe surveyed area. The four main characteristics ofthe eBee are:

a. Very lightweight The eBee is so light that the operator can launch it byhand 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 ofa controlled emergency landing) also significantly reduces the risk ofhazardous situations. Finally, the wings ofthe eBee are detachable and made offlexible foam with no sharp or hard edges and almostno internal strengthening structure. 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 ofthe plane so that it can easily flex away in case ofcontactwith 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 of all the aspects ofthe flight underthe 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 (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 controllerprovidedwiththe system.2. APPLICATIONS The eBee will be used to map topography, as-built construction conditions and progress, and limestone mining operations (noncongested areas).

3. APPLICABLE LEGAL STANDARD UNDER SECTION333

a. Airworthiness assessment ofthe eBee Scotty's Contracting & Stone, LLC notes that the airworthiness ofthe 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/1 0208/nmsu-uas-flight-test-center-conducts-ebeeairworthiness-assessment, and the USACENewOrleans, who coordinatedwiththe Departmentof Army andthe FAAto obtainall authorizations required inorderto operate the eBee UAS). Moreover, SenseFly obtained flight approvals for the eBee (delivered by national civil aviation authorities) inmany 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 (flightapproval 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. Operatingrequirements Grant ofthe exemption to Scotty's Contracting & Stone, LLC for the eBee 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 mainrestrictions are summarizedbelow:

• Operations to be conducted over private, controlled-access, or public property where approved; • Permissionfrom the land owner/authorityrequiredbefore commencing any flight; • Operations over congested areas shall be avoided; • Operations must not interfere withmanned aircraft operations, must yield the right ofway 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 ofSight (VLOS) and will be visually monitored at all times;• VLOS guaranteed witha GPS geo-fence around operatorof0.5 miles • Flight ceilingpre-programed at400 feet; • All operations conductedwithin 5miles from anairport shall onlybeinitiated afterverbal coordination with the airport authority, or air traffic control when a control tower is present atthe airport; • All operations shall comply with required permissions and permits established by territorial, state, county orcityjurisdictions; including local lawenforcement, fire, orother appropriate governmental agencies. • The eBee operations will be compliant with existing safety procedures inherent to the activities ofthe related company. 

# • c. OperatorRequirements

The eBee operator will possess an airline transport, commercial, private, recreational, or sport pilotcertificate. 3. CONCLUSION Scotty's Contracting and Stone, LLC is a heavyhighway and civil contractor as well as an aggregate producer. We are also a licensed engineering and surveyingbusiness entity. We are engaged inconstruction and mining activities thatwe feel canbemonitoredmore safely and efficientlywiththe use ofthe eBee. Ourconventional methods ofsurveying and mapping require individualsto be onthe ground for long periods oftime in areas withmanypotential safetyhazards. We feel the eBee'slightweight andintegrated safety features make ita safe alternative to ourconventionalmethods, while still havingthe ability to be used in a safe manner for the public and other aircraft as well. We are prepared to modify or amend anypart ofthis requestto satisfythe need for an appropriate level ofsafety. We look forward to working with your office. Please contact us at any for additional information or clarification.

Yours sincerely, Christopher B. Higgins, PLS Scotty's Contracting and Stone, LLCANNEXA: EXEMPTIONREQUESTAND EQUIVALENTLEVEL OFSAFETY SHOWINGSUNDERAPPLICABLERULES SUBJECTTOEXEMPTION Scotty's Contracting & Stone, LLC requests an exemption from the following regulations as well as any additional regulationsthatmaytechnically applyto the operationofthe eBee: 14 C.F.R. Part21, SubpartH: Airworthiness Certificates 14 CFR

### § 91.203(a)(1) Section 91.203 requires all civil aircraft to have a certificate ofairworthiness. 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 ofthe 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 unnecessary to go through the certificate of airworthiness process underPart 21 Subpart H inorderto achieve orexceed current safety levels. Such an exemption meets the requirements of an equivalent level of safety under Part 11 and Section 333 ofthe Reform Act. The Federal AviationAct and Section 333 ofthe Reform Actboth 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 ofthe UAS involved. An analysis ofthese 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 conventional 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 ofthis application. Scotty's Contracting & Stone, LLC is referencing a risk assessment providedby SenseFly and requests the FAA treat the eBee risk assessment as proprietary to SenseFly under 14 C.P.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 ofmarks; size ofmarks 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. Giventhe size oftheeBee (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 a civil aircraft unless it is in airworthy condition. Should the exemption be granted allowing commercial operation ofthe eBee without an airworthiness certificate, no standard will exist for airworthiness ofthe eBee. Giventhe size of the aircraft andthe previous airworthiness assessments givento the eBee, among others:

• New Mexico State University: https://newscenter.nmsu.edu/Articles/view/10208/nmsuuas-flight-test-center-conducts-ebee-airworthiness-assessment• USACE New Orleans, who coordinated with the Department ofArmy and the FAA to obtain all authorizations required in order to operate the eBee UAS for levee system monitoring, documentation ofconstruction progress, and extensive oblique photography ofUSACE structures & activities Anequivalent level ofsafety will be achieved by insuring compliance with the SenseFly manuals priorto eachflight. 14 C.F.R. § 91.9: Civil aircraftflight 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. Scotty's Contracting & Stone, LLC assumes that the intent ofthis requirement is to ensure that flight manual information is available to the aircrew while operating the aircraft. Scotty's Contracting & Stone, LLC requests an exemption to this requirement since the aircraft is not only too small to carry documentation, the documentation would not be availableto the crew. The equivalent level ofsafety will be achieved by keeping a hard copy ofthe flight manual in the eBee transportationbox. 14 C.F.R. § 91.109(a) & 91.319(a)(1): FlightInstruction The regulation provides that "No person may operate a civil aircraft that is being used for flight instructionunless 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 throughtheuse ofexperienced and qualified operators familiar withthe 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 of400 feet AGL, the eBee cannot complywiththis 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 arearadius and a flight areaceiling, preventingthe eBee to go beyondthe flight area. The landowner and the persons who may be onthe ground in the flight area will be briefed ofthe expectedroute offlight 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 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 landingwithout unduehazardto persons orproperty onthe surface. 14 CFR91.121 -AltimetersettingsThis section requires that each person operating an aircraft shall maintain the cruising altitude or flight level ofthat aircraft, as the case may be, by reference to an altimeter that is set, when operatingbelow 18,000 feet MSL to:

• The current reported altimeter setting ofa station along the route and within 100 nautical miles ofthe aircraft; • Ifthere is no station within the area prescribed in paragraph (a)(l)(i) ofthis section, the currentreported altimeter setting ofan appropriate available station; • Inthe case ofan aircraftnot equippedwith a radio, the elevation ofthe departure 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) withthe on-board GPS during the pre-flight tests. The GPS and barometerdata 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 inducedbyenvironmental factors is rejected. 14 C.F.R. § 91.151(a): Fuel Requirements forFlight 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 ofintended landing and to fly after that for at least 30minutes. Given the area ofoperation for the eBee, Scotty's Contracting and Stone, LLC believes that an equivalent level ofsafety is already achieved with the specific procedure preventing the eBee to accept a take-off order is the 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 inthese situations. 14 C.F.R. § 91.203 (a) & (b): Carrying CivilAircraft Certification and Registration This regulationprovides 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) ofthis section or a special flight authorization issued under §91.715 is displayed atthe cabin orcockpit entrance so that itis legible to passengers or crew. The eBee weighs only 1.7 pounds (max take-offweight). As such, there is no ability or place to carry certification and registration documents orto display them onthe UAS. In addition, there is no pilotorpassengers onboardthe aircraft. To obtain an equivalent level of safety and meet the intent of 91.203, Scotty's Contracting & Stone, LLC propose that documents deemed appropriate for this aircraft by the FAA will be colocated withthe operatorat the ground control station in the eBee box and available for inspection uponrequest 14 CFRSubpartE (91.401 - 91.417)- Maintenance, PreventiveMaintenance, and Alterations The regulationprovides thatthe operator is primarilyresponsible for maintaining the aircraft in anairworthy 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 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, orlicensedpilots and records ofapproval ofthe aircraft for returnto service. Scotty's Contracting & Stone, LLC proposes that the maintenance of the eBee will be accomplished by the owner/operator according to the maintenance manual, provided by SenseFly. Scotty's Contracting & Stone, LLC requests the FAAtreat the eBee training program provided by SenseFly as proprietary to SenseFly 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 is small in size, it is not a complex mechanical device, it will carry no external payload, and it will operate only inrestricted 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 runs automatically a sequence ofpre-flight tests to make sure that every sensor and every critical part is running properly. Ifa problem is detected, the eBee will not be able to be switched-on and a message error is displayed onthe main screen of The flight management software. The operator can then refer to the 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 SAFETYREQUIREMENTS http:/ /www.modelaircraft.org/filesll05.pdf http://www.modelaircraft.org/files/540-D.pdf http:/ /www.modelaircraft.org/files/560.pdf