# /i\0 ALLIL:D OnOf\.IL:S

October2, 2014

U.S. DepartmentofTransportation, DocketOperations West Building Ground Floor, Room w12-140 1200 NewJerseyAvenue, SE Washington, DC 20590

Re: Exemption RequestSection 333 ofthe FAA ReformActand Part 11 ofthe Federal Aviation Regulationsfrom 14 C.F.R. 45.23(b);14 CFR Part21 ;14 CFR 61.3(a) & (c); 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) & (b);91.405 (a); 91.407(a) (1); 91.409 (a) (2);91.417 (a) & (b).

DearSirorMadam:
Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) and 14 C.F.R. Part 11, Allied Drones, developer and operatoroftether-powered Small Unmanned Aircraft Systems ("sUAS") equipped to conduct aerial infrastructure inspections and surveys for the bridge, tower, and building construction and maintenance industries hereby applies for an exemption from the listed Federal Aviation Regulations ("FARs") to allow commercial operation of its sUAS, so long as such operations are conducted within and under the conditions outlined herein or as may be established by the FAAas required by Section 333.1 As described in detail below, the requested exemption would permit the operation of small, tether-powered, unmanned and relatively inexpensive sUAS under controlled conditions in airspacethat is 1) limited 2) predetermined 3) controlled as to access and 4) would provide greatly enhanced safety advancements to hazardous inspection and surveyingworkcurrently performed manually bytrained personnel. Approval ofthis exemption would thereby enhance safety and eliminate workplace accidents and deaths for certain industrial tasks which would fulfill the Secretary ofTransportation's (the FAAAdministrator's) responsibilities to "

...establish requirements for the safe operation ofsuch aircraft systems in the national airspace system." Section 333(c) ofthe Reform Act. The name and address oftheApplicant is:
Allied Drones Attn: Joshua Kornoff Ph:714-473-2911 Email:josh@allieddrones.com Address: 7272 Saturn Drive, Unit K, Huntington Beach, CA92647Regulationsfrom which the exemption is requested:
14 CFR Part21 14 CFR45.23(b) 14 CFR61.3(a) & (c) 14 CFR 61.113 (a) & (b) 14 CFR 91.7 (a) 14 CFR 91.9 (b) (2) 14 CFR 91.103 14 CFR 91.109 14 CFR 91.119 14 CFR 91.121 14CFR91.151 (a) 14 CFR 91.203 (a) & (b) 14 CFR91.405 (a) 14 CFR407 (a) (1) 14 CFR409 (a) (2) 14 CFR 417 (a) & (b) This exemption application is expressly submitted to fulfill Congress' goal in passing Section 333(a) through (c) ofthe Reform Act. This lawdirectsthe Secretary ofTransportation to considerwhethercertain unmanned aircraftsystems may operate safely in the national airspace system (NAS) before completion ofthe rulemaking required underSection 332 ofthe Reform Act. In making this determination, the Secretary is required to determinewhich types ofUASdo notcreate a hazard to users ofthe NAS orthe public orpose athreatto national security in lightofthefollowing:

•The UAS'ssize, weight, speed, and operational capability;

•Operation ofthe UAS in close proximityto airports and populated areas; and

•Operation ofthe UASwithin visual line ofsightofthe operator. Reform Act § 333 (a). Lastly, if the Secretary determines that such vehicles "may operate safely in the national airspace system, the Secretaryshall establish requirements forthe safe operation ofsuch aircraft in the national airspace system." ld. §333(c) (emphasis added) 1

. The Federal Aviation Act expressly grants the FAAthe authority to issue exemptions. This statutory authority by its terms includes exempting civil aircraft, as the term is defined under §40101 ofthe Act, that includes sUAS, from the requirement that all civil aircraft must have a currentairworthiness certificate.

1 Applicant interprets this provision to place the duty on the Administrator to notonly process applications for exemptions under section 333, but fortheAdministratorto craftconditions for the safe operation ofthe sUAS, if it should be determined that the conditions setforth herein do notfulfill the statutory requirements for approval.

### The Administrator may grant an exemption from a requirement of a regulation prescribed under subsection (a) or (b) ofthis section orany sections44702-44716 ofthistitle ifthe Administratorfinds the exemption in the public interest. 49 U.S.C. §44701(f) 

### See also 49 USC §44711(a); 49 USC §44704; 14 CFR §91.203 (a) (1). Allied Drones' sUASs are rotorcraft, weighing 55 or fewer lbs. including payload. One ofthe defining technical characteristics ofthe sUAS is that a//ofthe electric power required to operate the rotors and electronics subsystems is transmitted to the sUAS via a tether cable. They operate, under normal conditions at a speed of no more than 2 knots and have the capability to hover, and move in the vertical and horizontal plane simultaneously. Becausethe length of the tether is relatively short and limited, the sUAS can only operate in line ofsight and will operate onlywithin the sterile area described in the Confidential FlightOperations and Procedures, attached as Exhibit 1(hereinafter "the Manual")2

. 

### Such operationswill insurethat the sUAS will "not create a hazard to users ofthe national airspace system orthe public."3 

### Given the small size of the sUAS involved and the restricted tether-limited sphere within which they can fly, and the industrial environment in which the sUAS is designed to operate, theApplicantfalls squarelywithin thatzone ofsafety (an equivalent level ofsafety) in which Congress envisioned that the FAA must, by exemption, allowcommercial operations of sUAS to commence immediately. Also due to the size ofthe sUAS and the restricted areas in which the relevant sUASs will operate, approval of the application presents no national security issue. Given the clear direction in Section 333 of the Reform Act, the authority contained in the Federal Aviation Act, as amended; the strong equivalent level of safety surrounding the proposed operations, 

### and the significantpublic benefit, including enhanced workplace personal safety, more frequent infrastructure inspections leading to enhanced industrial maintenance and safety, the grant of the requested exemptions is in the public interest. Accordingly, the Applicant respectfully requests that the FAA grant the requested exemptionwithoutdelay. AIRCRAFTAND EQUIVALENT LEVEL OF SAFETY 

### The Applicant proposes that the exemption requested herein apply to civil aircraftthat have the characteristics and that operate with the limitations listed herein. These limitations provide for at leastan equivalentoreven higher level ofsafetyto operations underthe current regulatory structure because the proposed operations represent a safety enhancement to workplace personal safetyforcertain types ofindustrial inspection and surveying work.

2 

### 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 proceduresthatare notavailableto the public and are protected from release underthe Freedom of Information Act 5 USC 552 et.seq.

3 

### Reform ActSection 333 (b).These limitations and conditions to which Allied Dronesagreesto be bound when conducting commercial operations underan FAA issued exemption include:
1. The sUAS will weigh approximately 10 lbs in most flight and payload configurations, butno morethan than 55 lbs. 2. Flightswill be operated within line ofsightofthe operatortechnician. 3. Flights will be operated at a typical altitude 60-250 feet, but no more than 400 feet AGL. 4. The sUAS will only operate within a confined "safety perimeter" as defined in the Manual. Safety cones and/or tape will define the safety perimeter when operating in
areasthatcould pose a hazard to the general public. 5. A briefing will be conducted in regard to the planned sUAS operations prior to each day's inspection activities. It will be mandatory that all personnel who will be performing duties within the boundaries of the safety perimeter be present for this briefing. 6. As with any other industrial workplace setting, appropriate safety gearwill beworn by all personnel within the safety perimeter including, but not limited to, hardhats and brightly colored safetyvests. 7. Operator technician will have been trained in operation of sUAS and received up-to-date information on the particular sUAS to be operated as required Section Eof the Manual. 8. Operator technician and other workers within the safety perimeterwill at all times be ableto communicate byvoice orhand signals. 9. Written and/ororal permission from the relevant property holderswill be obtained. 10.All required permissions and permits will be obtained from territorial, state, county or city jurisdictions, including local law enforcement, fire, or other appropriate governmental agenciesforthework being done on site. 11. If the sUAS loses communications or loses its GPS signal, the sUAS will have capabilityto return to a pre-determined locationwithin the Security Perimeterand land. 12.The sUAS will have the capability to abort a flight in case ofunpredicted obstacles or emergencies. 13.The operator will file a FAA Form 7711-1, or its equivalent, as modified in light ofthe requested exemption, with the appropriate Flight Standards District Office for certain tethered sUAS operations that are substantially outside the immediate shielding vicinity oftower, bridge, or building work locations (§77.15)TECHNICAL/OPERATIONAL LIMITATIONSAND PUBLIC SAFETY
The sUAS developed and operated by the Applicant are designed for very specific industrial inspection and survey work. One ofdefining characteristics ofthis sUAS platform is its power-tether subsystem. All electric power required for flight is transmitted to the sUAS through an electrical tether cable. With the power tether the sUAS is capable of nearly unlimited flightendurance, butonlywithin asphere defined bythe length ofthetether. Without the tether, the system is incapable offlight. Similarto moored balloons, thetether in this sUAS provides a meansto limitthe range of the aircraft under normal operating conditions. However, unlike moored balloons or sUAS featuring unpoweredtethers which would continue to fly free ifthe tethercablewere severed, the sUAS operated by Allied Drones would have no potential to "fly away". The physical length of the tether defines the absolute limits of the range of the sUAS. Any persons or property outside this range would be safe in the unlikelyeventofafailure ofone ofthe critical sUAS subsystems. In this way the tether-powered sUAS has more in common with cranes, manlifts, and camera maststhan it doeswith traditional untetheredsUAS.
Another aspect relating to public safety in regards to the operation ofthe Applicants sUAS is the environment in which it is designed to operate. The tether-powered sUAS does not pose a hazard to other aircraft in the vicinity when performing its intended mission, which is a close-range inspection of various infrastructure assets such as towers, bridges, and buildings. The altitude-limiting tether combined with the close proximity in which the proposed surveys are done, almost certainly means that the tower, bridge, orbuilding under inspection by the sUAS is an equal, or even more hazardous obstacleto passing aircraftthan the sUAS itself. The Applicant's proposal is to operate "shielded by existing structures ofa permanent and substantial character"4

. Finally, the location of the various infrastructure assets at which the sUAS operates
are generally not in publicly accessible places. Much ofthe infrasture is on private property, behind fences, in remote locations, or in industrial settingsthatare notopen to the public. The safety procedures described in the Manual, combined with the limitations and conditions outlined abovewould provide asufficient level ofpublicsafetyforthe operation in the NAS.
14C.F.R. Part21, Subpart H: Airworthiness Certificates 14C.F.R. §91.203 (a) (1) Subpart H, entitled Airworthiness Certificates, establishesthe procedural requirements for the issuance of airworthiness certificates as required by FAR §91.203 (a) (1). Given the size and limited operating area associated with the aircraft to be utilized by theApplicant, an exemption from Part 21 Subpart H meets the requirements of an equivalent level of safety under Part 11 and Section 333 ofthe Reform Act. The Federal Aviation Act(49 U.S.C.§44701 (f)) 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 proximityto airports and populated areas ofthe particularsUAS. In

4 14CFR §77.15all cases, an analysis of these criteria demonstrates that the sUAS operated without an airworthiness certificate, in the restricted environment and underthe conditions proposedwill be at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificatewithoutthe restrictions and conditions proposed.
The sUAS to be operated hereunder is less than 55 lbs. fully loaded, carries neithera pilot nor passenger, carries no explosive materials or flammable liquid fuels, and operates exclusively within a secured area as set out in the Manual. Unlike other civil aircraft, operations under this exemption will be tightly controlled and monitored by the operator, pursuant to the Manual's requirements, and under the requirements and in compliance with local public safety requirements when in operationwherethe general publiccould be afactor. The FAAwill have advance notice ofall operations where the sUAS is operating outside the immediate vicinity ofa an existing tower, bridge, orbuilding. Lastly, application ofthese same criteria demonstrates that there is no credible threat to national security posed by the sUAS, due to its size, speed ofoperation, location ofoperation, tether limited range, lackofexplosive materials orflammable liquid fuels, and inabilityto carry asubstantial external load.
14C.F.R. §45.23 {b). Marking oftheAircraft
The regulation requires:
When marks include only the Roman capital letter "N" and the registration number is displayed on limited, restricted or light-sport category aircraft or experimental or provisionally certificated aircraft, the operator must also display on that aircraft neareach entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor more than 6 inches high, thewords "limited," "restricted," "light-sport," "experimental," or"provisional," as applicable.
Even though the sUASwill have no airworthiness certificate, an exemption may be needed as the sUAS will have no entrance to the cabin, cockpit or pilot station on which the word "Experimental" can be placed. Given the size of the sUAS, two-inch lettering will be impossible. The word "Experimental"will be placed on the fuselage in compliancewith §45.29 (f).
The equivalent level of safety will be provided by having the sUAV marked on its fuselage as required by §45.29 (f) wherethe pilot, observerand othersworking with the sUAV will see the identification of the sUAS as "Experimental." The FAA has issued the following exemptionsto this regulation to Exemptions Nos. 10700, 8738, 10167and 10167

### A.
14C.F.R. §91.3{a) and 

### {c): Requirementsforcertificates, ratings, and authorizations. Section 91.3 (a) & (c) requires that a person must possess a valid pilot certificate as well as an appropriate medical certificate in orderto actas pilot in command ofa civil aircraft.
Because of the range-limiting power tether, close proximity to other shielding structures, relatively low operating altitudes, very slow speed, and low weight, the risks associated with the operation of the sUAS are better mitigated through equipment-specific training rather than through private pilot certification. Technicians working with cranes,manlifts, scaffolding, antennas, masts, and other tall industrial equipment all receive special training for the safe operation of their equipment. The tethered sUAS in operation is very similar to these types of industrial equipment. It is the intent ofthe Applicant to operate the sUAS in much the same manner as a crane or manlift and therefore this type of power-tethered sUAS is fundamentally different in operation and type of risk than untethered sUAS.
The equivalent level of safety will be maintained by equipment-specific training and knowledgeforthe tethered sUAS as outlined in the Manual Section E.
The Applicant is open to finding aworkable solution that putsthis sUAS inspectiontool into the hands oftrained survey and inspection technicians without requiring every field level technician to become a certified pilot.
14C.F.R. § 61.113 (a) 

### & (b): Private Pilot Privileges and Limitations: Pilot in Command. Sections 61.113 (a) & (b) limit private pilots to non-commercial operations. If an exemption is denied forsection 91.3(a) and (b) mentioned above, then becausethe sUASwill not carry a pilot or passengers, the proposed operations can achieve the equivalent level of safety ofcurrent operations by requiring the PIC operating the aircraftto have a private pilot's license rather than a commercial pilot's license to operate this sUAS. Unlike a conventional aircraft that carries the pilot and passengers, the sUAS is remotely controlled with no living thing on board. The area ofoperation is controlled and restricted, and all flights are planned and coordinated in advance as set forth in the Manual. The level of safety provided by the requirements included in the Manual exceeds that provided by a single individual holding a commercial pilot's certificate operating a conventional aircraft. The risks associated with the operation of the sUAS are so diminished from the level of risk associated with commercial operations contemplated by Part 61 when drafted, that allowing operations of the sUAS as requested with a private pilot as the PIC exceeds the present level ofsafety achieved by 14 C.F.R. §61.113 (a) & (b).
14C.F.R. §91.7(a): Civil aircraftairworthiness.
The regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. As there will be no airworthiness certificate issued forthe aircraft, should this exemption be granted, no FAA regulatory standard will exist for determining airworthiness. Given the size ofthe aircraft and the requirements contained in the Manual for maintenance and use ofsafety check lists priorto eachflight, an equivalent level ofsafetywill be provided.
14C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft. Section 91.9 (b) (2) provides:
No person may operate a U.S.-registered civil aircraft

... (2) Forwhich an Airplane or Rotorcraft Flight manual is not required by §21.5 ofthis chapter, unless there is available in the aircraft a current approved airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, orany combination thereof.The sUAS, given its size and configuration, has no ability or placeto carry such aflight manual on the aircraft, not only because there is no pilot on board, but because there is no
room orcapacityto carry such an item on the aircraft.
The equivalent level of safety will be maintained by keeping the flight manual at the ground control pointwhere the operator flying the sUASwill have immediate access to it. The FAA has issued the following exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 95658, 10167, 10167A, 10602, 32827, and 10700.
14C.F.R. § 91.103: Preflightaction
This regulation requires each pilot in command to take certain actions before flight to insure the safety of flight. As FAA approved rotorcraft flight manuals will not be provided for the aircraft an exemption will be needed. An equivalent level ofsafetywill be provided as set forth in the Manual. The operator will take all actions including reviewing weather, power source requirements, landing and takeoff distances and aircraft performance data before initiation offlight.
14C.F.R. §91.109: Flight instruction: Section 91.103 provides that no person may operate a civil aircraft (excepta manned free balloon) that is being used for flight instruction unless that aircraft has fully functioning dual controls. sUAS and remotely piloted aircraft, by their design, do not have fully functional dual controls. Primary flight control is accomplished through the use of a control box that communicates with the aircraft via radio communications. the Manual outlines proceduresfor
new operator training and certification using a single set of controls during instruction. The FAA has approved exemptions for flight training without fully functional dual controls for a number ofaircraftand forflight instruction in experimental aircraft. See Exemption Nos.5778K & 9862A. The equivalent level of safety provided by the fact that neither a pilot nor passengerswill be carried in the aircraftand bythe size and speed ofthe aircraft.
14C.F.R. §91.119: Minimumsafealtitudes 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 operating the helicopter complies with any route oraltitudes prescribed for helicopters by the FAA. As this exemption is for a sUAS that is a helicopter and the exemption requests authority to operate at altitudes from 0 AGL up to 400 AGL. An exemption may be needed to allow such operations. As set forth herein, the sUAS will never operate at higher than 400 AGL. Itwill howeverbe operated in restricted areaswith a safety perimeter, wherethe general publicwill notbe exposed to operations.
The equivalent level of safety will be achieved given the size, weight, speed of the sUAS as well as the location where it is operated. No flight will be taken without the permission of the property owner. Because ofthe advance notice to the property owner and participants in the inspection activity, all affected individualswill be aware ofthe planned flight operations as setforth in Section C ofthe Manual. Compared to flight operationswith aircraft

### or rotorcraft weighing far more than the maximum 551bs. proposed herein and the lack of flammable fuel, any risk associated with these operations is far less than those presently presented with conventional aircraft operating at or below 500 AGL in surveying and inspection work. In addition, the low-altitude operations of the sUAS will ensure separation between these smaii-UAS operations and the operations of conventional aircraft that must complywith Section 91.119.
14C.F.R. §91.121 AltimeterSettings 

### This regulation requires each person operating an aircraft to maintain cruising altitude by reference to an altimeter that is set "

...to the elevation of the departure airport or an appropriate altimeter setting available before departure."As the sUAS may only have adigital barometric sensor and/or a GPS altitude read out, an exemption may be needed. An equivalent level of safety will be achieved by the operator, pursuant to the Manual and Preflight Checklist, confirming the altitude of the launch site shown on the ground station altitude indicatorbeforeflight.
14C.F.R. § 91.151(a): Fuel Requirementsfor Flight in VFR Conditions 

### Section 91.151 (a) prohibits an individual from beginning "a flight in an airplane under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing, and, assuming normal cruising speed

- (1) During the day, to fly after that for at least 30 minutes; or (2) At night, to fly afterthatfor at least45 minutes." The tether-powered subsystem of the sUAS provides virtually unlimited flight endurance, the only limitation being the endurance of the ground power source. Given the limitations on the sUAS proposed flight area and the location ofits proposed operationswithin
a predetermined area, a 30 minute fuel reserve forflight in daylightor nightVFR conditions is reasonable.
14C.F.R. §91.203 (a) and (b): Carrying Civil AircraftCertification and Registration 

### The regulation provides in pertinent part: (a) Except as provided in § 91.715, no person may operate acivil aircraft unless it haswithin itthe following: (1) An appropriate and currentairworthiness certificate

.... (b) No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) of this section or a special flight authorization issued under §91.715 is displayed atthe cabin orcockpitentrance so that it is legibleto passengers orcrew. The sUAS fully loaded weighs no more than 55 lbs and is operatedwithoutan onboard pilot. As such, there is no ability or place to carry certification and registration documents orto displaythem on the sUAS. An equivalent level of safety will be achieved by keeping these documents at the ground control pointwhere the operatorflying the sUAS will have immediate access to them, to the extent they are applicable to the sUAS. The FAA has issued numerous exemptions to

### this regulation. A representative sample of other exceptions includes Exemption Nos. 9565, 9665,9789, 9789A, 9797,9797A,9816A,and 10700.

14C.F.R. §91.405 (a); 407 (a) (1); 409(a) (2); 417(a) & (b): Maintenance Inspections 

### These regulations require that an aircraft operator or owner "shall have that aircraft inspected as prescribed in subpart E of this part and shall between required inspections, except as provided in paragraph (c) ofthis section, have discrepancies repaired as prescribed in part 43 of this chapter

...," and others shall inspect or maintain the aircraft in compliance with Part43. Given that these section and Part 43 apply only to aircraft with an airworthiness certificate, these sectionswill not applyto theApplicant. Maintenancewill be accomplished by the operator pursuant to the Flight Operations and Procedures as referenced in the Manual. An equivalent level of safety will be achieved because these small sUAS are very limited in size and will carry a small payload and operate only in restricted areas for limited periods of time. If mechanical issues arise the sUAS can land immediately and will be operating from no higherthan 400 feet AGL. As provided in the Manual, the operatorwill ensurethatthe sUAS is in working orderpriorto initiating flight, perform required basic maintenance, and keep a log of any maintenance performed. Moreover, the operator 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. Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012--size, weight, speed, operating capabilities, proximity to airports and populated areas and operation within visual line ofsight and national security

- provide more than adequatejustification for the grant ofthe requested exemptions allowing commercial operation ofApplicant's sUAS in the infrastructure inspection survey industry pursuantto the Manual appended hereto.

//

...**~ l~**  

### Joshua J. 

### Kornoff President, Allied Drones