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February 

### gth, 2016 U.S. Department ofTransportation Docket Operations West Building Ground Floor, Room W12-140 1200 NewJersey Ave., SE Washington, DC 20590 i' "'"i

Re: Exemption Request Under Section 333 ofthe FAA Reform Act and Part 11 ofthe Federal Aviation Regulations DearMadam or Sir, Pursuant to Section 333 ofthe FAA Modernization and Reform Act of2012 (the "Reform Act") and 14 C.F.R. Part 11, Oldcastle Materials Group Northeast, Inc. (OMG) an operator ofthe eBee Unmanned Aircraft System ("eBee") seeks an exemption from the Federal Aviation Regulations ("FARs") listedbelow:

• 14 C.F.R. 21 • 14 C.F.R. 61.133(a) (b) • 14 C.F.R. 91.7(b) • 14 C.F.R. 91.119 • 14 C.P.R. 91.15l(a) • 14 CPR Subpart E (91.401

- 91.417) The requested exemption would authorize commercial operations using the eBee for mapping, training, agricultural and survey applications. These operations will be subject to strict operating requirements defined in the eBee user manual (OMG 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 definedinthe paragraph 3. OMG Northeast, Inc. (Oldcastle Materials Group Northeast) is the Northeast region ofOldcastle Materials, Inc., the leading vertically integrated supplier of aggregates, asphalt, ready mixed concrete, and construction and paving services in the United States with 1,200 locations nationwide. As an operating company ofOldcastle Materials, we maintain a local identity which allows us to gain market position while also utilizing the technology, best practices, talent pool, purchasing power, and financial resources of a large organization. An asphalt, aggregate, and ready mixed concrete supplier, OMG Midwest is comprised of companies which operate throughout Connecticut, Maine, NewHampshire, Vermont, NewJersey, NewYork, Rhode Island and Massachussetts.



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1. CHARACTERISTICS OF THE AIRCRAFT '' ' 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, andthen 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 ofthe surveyed area. · The four main.,characteristics ofthe eBee are: .
a. Very lightweight The eBee is so lightthatthe operator can launch it by hand'and let it land on almost any surface without requiring a parachute or landing net (belly land). Its lowimpact energy (38 Jill. 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. ·· · 1

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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, Holdand Resume the mission) and also suspend automated operations and take manual control of the aircraft should it become necessary to respondemergent circumstances, thanks to the remote controllerprovided withthe system. 

### 2. APPLICATIONS The eBee will be responsible for surveying, computing and reporting volumetric quantities ofraw material inventory and excavation material import or removal. The primary function of the surveying will be for inventorying the available material that has been excavated from site for resource estimation. OMG manages multiple quarries and facilities for each; OMG will be responsible for surveying 

### +100 sites in the.Northeast with the majority located in Maine, New Hampshire and Vermont. Internal surveying equipment will consist ofone Sony WX camera with an approximate 18.2 megapixel resolution withx10 zoom capability

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### 3. APPLJCABLE LEGAL STANDARD UNDER SECTION 333

a. Airworthiness assessment ofthe eBee " \•! OMG notes ·that 

# the airworthiness h(the eBee has already been demonstrated for different projects in the United**Stat~s,** involving staie/:fe.deral, agencies.or universities (among. others the New Mexico State University:**https~//newscenter.Iliiisu.edul**Articles/view/10208/nmsu-uas-flighttest-center-conducts-ebee-airworthiness-assessment, and the USACE New Orleans, who coordinated with the Department ofArmy and the FAA to obtain all authorizations required in order to operate the eBee UAS). Moreover the eBee already received 15 Exemptions from the FAA. SenseFly also obtained flight approvals for the eBee (delivered by national civil aviation authorities) inmany countries,**~morig**others: ·, • Switzerland (flightapproval 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) • UnitedKingdom (flight approval for VLOS operations) • Nqrway (flight approval for VLOS operations) · • Sweden (flight approval for VLOS operations) • Denmark (flight approval for VLOS operations)
b. Operatingrequirements Grant of the exemption to ·OMG ·for the eBee will be subject to the following operating conditions:

• 1. Operations authorizedby this grant ofexemption are limitedto the SenseFly eBee when weighing less than 55 pounds inclU;ding piayload. Prop9sed operations ofany other aircraft willrequire anewpetitionor apetitionto·arp.endthis exemption.

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• 2. Operations for the purpose ofclosed-set motion picture and television filming are not permitted.

• 3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The

.. exemption holder may use either groundspeed or calibrated airspeed to determine

·compliance with the 87 knot speed restriction. In no case will the UA be operated at

airspeeds greater than the maXimum UA operating airspeed recommended by the aircraft manufacturer. '

• 4. The UA must be operated at an altitude ofno more than 400 feet above ground level (AGL). Altitude mustbereported infeet AGL. ·
• 5. The UA must be operated within visual line of sight (VLOS) ofthe PIC at all times. This requires the PIC to be able to use human vision unaided by any device other thancorrective lenses, as specified on the PIC's FAA-issued airman medical certificate or U.S. driver's license.

• 6. All operations mustutilize a visual observer (VO). The UA mustbe operated within the visual line ofsight (VLOS) ofthePIC and VO at all times. The VO maybe used to satisfy the VLOS requirement as long as the PIC always maintains VLOS capability. The VO and PIC must be able to communicate verbally at all times; electronic messaging ortexting is not permitted during flight operations. The PIC must be designated before the flight and cannot transfer his or her designation for the duration ofthe flight. The PIC must ensure thatthe VOcanperformthe duties required oftheVQ,.

• 7. This exemption and all documents needed to**~perate'** the UAS and conduct its operations in accordance with the conditions and limitations stated in this grant of exemption, are hereinafter referred to as the. operating documents. The operating documents must be accessible during UAS operations and made available to the

·Administrator'upon request. Ifa discrepancy·exists between;the conditions and limitations

in this exemption and the procedures outlined in the operating documents, tne·.c,opditions and limitations herein take precedence and must be followed. Otherwise, the. operator must follow the procedures as out.lined in its operating documents. The operator may update or revise its operating documents. It is the operator's responsibilitY to track such revisions and present updated and revised d99uments to the Administrator or any law enforcement official upon request. The ,operator must also present updated find revised documents ifitpetitions for extension or amendment to this grant of exemption. Ifthe operator determines that any update or revision would affect the basis upon which the FAA granted this exemption, thenthe operatormustpetition for an amendment to its grant ofexemption. TheFAA's UAS Integration Office (AFS-80) maybe contacted ifquestions arise regarding updates orrevisions to the operating documents.

• 8. Any UAS that has undergone maintenance or alterations that affectthe UAS operation or flight characteristics, e.g. replacement of

# aflight critical component, must undergo a functional test flight prior to conducting further operations under this exemption. Functional test flights may only be conducted by a PIC with a VO and mustremain at least 500 feet from other people. The functional test flight must be conducted in such a manner so as to notpose anundue hazardto persons andproperty.

• 9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is in.a condition for safe operation. ·
• 10. Prior to each flight, the PIC must conduct a pre-flight inspection and determine the UAS is in a condition for safe flight. The pre-flight inspection must account fo'r all potential discrepancies, e.g. inoperable components, items, or equipment. Ifthe inspection reveals a condition that affects the safe operation ofthe UAS, the aircraft is prohibited from operating until the necessary maintenance has beenperformed and the UAS is found to be ina condition for safe flight.

• 11. The operator must follow the UAS manufacturer's maintenance, overhaul, replacement, inspection, and life limit requirements for the aircraft and aircraft components.

• 12. Each UAS operated under this exemption must comply with all manufacturer safety bulletins.• 13. Underthis grantofexemption, a PIC musthold either an airline transport, commercial, private, recreational,or sport pilot certificate. The PIC must also hold a current FAA airman medical certificate or a valid U.S. driver's license issuedbya state, the District of Colombia, Puerto Rico, aterritory,a.possession, orthe Federal government. The PIC must also meet the flight review reqttiremerit,s ;specified in 14 CFR § 61.56 in an aircraft in whichthe PIC is rated onhis otherpilot'certificate.

. ' ; ; .,:- ' ' • 14. The operator may not 

## permit anY PIC to operate unless the PIC demonstrates the ability to safely operate the UAS in a manner consistent with how the UAS will be operated under this exemption, including ·evasive and emergency maneuvers and maintaining appropriate**distiui.c~s** from persons, vessels, vehicles and structures. PIC qualification flight.hours and currency must' be 'logged in a manner consistent with 14 CFR § 61.51(b). Flights for the purposes of training the operator's PICs and VOs (training, proficiency, and e:xperfence-building) and determining the PIC's ability to safely operate the UAS ina manner consistentwith how the UAS will be operated under this exemption are permitted under the terms ofthis exemption. However, training operations may only be conducted during dedicated training sessions. During training, proficiency, .and ·experience-building flights, .all persons )lOt essential for flight operations are considered nonparticipants, and the PIC must operate the UA.with appropriate distance from nonparticipants in accordance with 14CFR § 91.119.

• · 15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All operations must be conducted urider visual ·meteorological conditions (VMC). Flights under special visual flightrules (SVFR) 

### aie not authorized.

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• 16. The UA may not operate within 

### 5nautical miles ofanairportreference point (ARP) as denoted in the current FAAAirport/Facilhy Directory (AFD) or for airports not denoted with an ARP, the center ofthe airport symbol as denoted onthe current FAA- published**a~ronautical** chart, unless a letter ofagreement withthat airport's management is obtained or otherwise permitted by a COA issuedto the exemptionholder. The letter ofagreement with the airport management must.be made available to the Administrator or any law enforcementofficialuponrequest. · ·
• 17. The UA may not be operated less·than 500 feet below or less than 2,000 feet horizontally from a cloud orwhenvisibility is less than 3 statute miles from the PIC.

• 18. Ifthe UAS loses communication's ot'loses its GPS signal, the UAmustreturnto a predetermined locationwithinthe**privGJ,t~** or controlled-access property.

• 19. ThePIC must aportthe flight inthe event'ofunpredicted obstacles or emergencies.

• 20. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough available power for the UA to conduct the intended operation and to operate after that for at least five minutes or with the reserve power recommendedbythe manufacturer

### ifgreater.

• 21. Air Traffic Organization (ATO) Certificate ofWaiver or Authorization (COA). All operations shall be conducted in accordance with an ATO-issued COA. The exemption holder may apply for a new or amended COA if it intends to conduct operations that cannotbe conductedunderthe terms ofthe attached COA.• 22. All**aircr~ft oper~ted**  in**accordan~e** with this exemption must be identified by serial number, registered m accordance wtth 

### 14 CPR part 

### 47, and have identification (NNumber) markings in accordance with 14 CFR part 45, Subpart C. Markings must be as large.as practicable.

• 23. Documents used by the operatorto ensure the safe operation and flight ofthe UAS and any documents required under 14 CFR §§ 91.9 arid 91.203 must be available to the PIC at the Ground Control Station of the UAS any time the aircraft is operating. These documents must be made available to the Administrator or any law enforcement official upon request. ··
• 24. The UA must remain clear and give way to all manned aviation operations and activities at all times.

• 25. The UAS maynot be operatedbythe PIC from anymoving device orvehicle.

• 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 ofthe UA, flight operations must cease immediately in a manner ensuring the safety ofnonparticipating persons; and • b. The owner/controller ofany vessels, vehicles or structures has granted permission for operating closer to those objects and the PIC has made a safety assessment ofthe riskof operating closerto those objects and determined that it does notpresent an undue hazard; The PIC, VO, operator trainees or essential persons are not considered nonparticipating persons underthis exemption.

• 27. All operations shall be conducted over private or controlled-access property with permission from the property owner/controller or authorized representative. Permission from property owner/controller or authorized representative will be obtained for each flight tobe conducted.

• 28. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries ofthe operational area as defmed bythe applicable COA must be reported to the FAA's UAS Integration Office (AFS-80) within 24 hours. Accidents must be reported to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov.

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3. 

### CONCLUSION. ; ' The operation of Oldcastle Materials Group Northeast, Inc. using a small UAS, weighing less than 2 lbs., conducted under the proposed restrictions outlined above, will provide an increased level ofsafety andimproved accuracy for calculating volumes ofmaterials supportingthe grant of the exemptionsrequested herein

.. IfI can be ofany assistance to**furth~r** expeditethispetition, please do nothesitatetp contactme at (207) 458-2016 or at myemail sgould@pikeindustries.com.

Yours sincerely, 

# -tt?.r# ,t}! ·**~u?i!/**

# -A~Jl14~ ScottD. Gould


### Operator**~am~** 

### and Address: ScottD. Gould c\o Pike Industries, Inc. 95 Western Ave. Fairfield, Maine, 04937 Phone: 1-207-453-9357 Cell: 1-207-240-4618



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ANNEXA: EXEMPTION REQUESTANDEQUIVALENTLEVEL OF SAFETY SHOWINGS UNDERAPPLICABLE RULES SUBJECT TOEXEMPTION OMG requests an exemption from the following regulations as well as any additional regulations that maytechnically applyto the operation ofthe 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 under

### Part21 Subpart Hin.orderto achieve orexceed current safety levels. Such an exemption meets the requirements of an equivalent level of safety ]

. .mder 

### Part 11 and Section333 ofthe Reform Act. The Federal Aviation Act 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. OMG requests the FAA treat the eBee risk assessment as proprietary under 

### 14 C.P.R. 11.35(b) and not include this document inthe public docket. · · · .·. ·. ;; .· · · 14 C.F.R. § 61.3: Requirements for certificates, ratings and.authorizations 14 C.F.R. § 61.113(a) & (b); 61.13J(a): PrivatePilotPrivileges and Limitations; Pilotin CommaiJ,d; CommercialPilotPrivileges andLimitations ·. The regulation provides that no pedoilmay serve as a required pilot flight crewmember ofa civil aircraftofthe United States, unlessthatperson:. . ' (1) Has a pilot certificate or special purpose pilot authorization issued under this part in that person's physical possession orreadily accessible in the aircraft when exercising the privileges of that pilot certificate or authorization. However, when the aircraft is operated within a foreign country, apilotlicense issuedby that countryJ11ay be used. The regulation provides also that no personthat holds a private pilot certificate may act as pilotin command ofan aircraft for compensation orhire. Subparagraph (b)allows a privatepilotto act as pilotin command ofan aircraft in connectionwith any business oremploymentif: (1) The flight is only incidental to thatbusiness oremployment; (2) The aircraft does not carrypassengers orproperty for compensation orhire. Given the safety features ofthe eBee and the fact that the missions are pre-programmed· and monitored in real-time with a specific flight management software (eMotion), SenseFly proposes that operators ofthe eBee should not be requiredtohold a commercial pilot certification. Instead, operators shouldberequiredto:

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.. { Have a sport or recreational pilot license (at least) and have successfully passed a manufacturer's training program for the eBee. 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. Given the size of the aircraft and theprevious airworthiness assessments giventothe eBee, among others:

' ' \ ' ' . • New Mexico State University: https://newscenter.nmsu.edul Articles/view/!0208/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 of.construction progress, and extensive oblique photography ofUSACE structures & activities

' ' An equivalent level ofsafety will be achieved byinsuring compliance withthe SenseFly manuals priorto each flight. ' 14 CFR

### § 91.119: Minimum Safe Altitudes The regulation provides that over sparsely populateci 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 comply withthis 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 aflight areaceiling, preventing the eBee to go beyond the flight area. The landowner and the persons who may be on the ground in the flight areawill be briefed ofthe expected route offlight and the associated risks to persons ruid property onthe ground. Due to the small size of the 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 landing without undue hazardto persons orpropert-y onthe surface: ' 14 C.F.R. § 91.151(a): Fuel Requirements forFlightin 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 30 minutes. Given the area of operation for the eBee, OMG believes that an equivalent level of safety·is already achieved with the specific procedure preventing the eBee to accept a take-offorder is the battery level is below a given value. Moreover, SenseFly has integrated "low" and "critical" b.attery level warnings and implemented a "return to Home" (and "Go Land") actions in these situatiOns.

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14 CFRSubpartE (91.401 - 91.417) - Maintenance, PreventiveMaintenance, and Alterations Theregulationprovides thatthe operatoris primarilyresponsible 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 returnto 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 andrecords ofapproval ofthe aircraft for returnto service. OMG proposes that the maintenance ofthe eBee will be accomplished by the owner/operator according to the maintenance manual, provided by SenseFly. OMG 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 of safety will be achieved because the eBee is small in size, it is not a complex mechanical device, 

### itwill carry no external payload, and 

### itwill operate only in restricted 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-onand amessage erroris displayed on the 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 whenamission is initiated.