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

October 2, 2014 

U.S. Department of Transportation, Docket Operations 

West Building Ground Floor, Room w12-140 

1200 New Jersey Avenue, SE 

Washington, DC 20590 

Re: Exemption Request Section 333 of the FAA Reform Act and Part 11 of the Federal 

Aviation Regulations from 14 C.F.R. 45.23(b);14 CFR Part 21 ;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). 

Dear Sir or Madam: 

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 operator of tether-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 

FAA as 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 airspace that is 1) limited 2) predetermined 3) controlled as to access and 

4) would provide greatly enhanced safety advancements to hazardous inspection and 

surveying work currently performed manually by trained personnel. Approval of this exemption 

would thereby enhance safety and eliminate workplace accidents and deaths for certain 

industrial tasks which would fulfill the Secretary of Transportation's (the FAA Administrator's) 

responsibilities to " ... establish requirements for the safe operation of such aircraft systems in 

the national airspace system." Section 333(c) of the Reform Act. 

The name and address of the Applicant is: 

Allied Drones 

Attn: Joshua Kornoff 

Ph:714-473-2911 

Email:josh@allieddrones.com 

Address: 7272 Saturn Drive, Unit K, Huntington Beach, CA 92647 
Regulations from which the exemption is requested: 

14 CFR Part 21 

14 CFR 45.23(b) 

14 CFR 61.3(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 CFR 91.405 (a) 

14 CFR 407 (a) (1) 

14 CFR 409 (a) (2) 

14 CFR 417 (a) & (b) 

This exemption application is expressly submitted to fulfill Congress' goal in passing 

Section 333(a) through (c) of the Reform Act. This law directs the Secretary of Transportation 

to consider whether certain unmanned aircraft systems may operate safely in the national 

airspace system (NAS) before completion of the rulemaking required under Section 332 of the 

Reform Act. In making this determination, the Secretary is required to determine which types 

of UAS do not create a hazard to users of the NAS or the public or pose a threat to national 

security in light of the following: 

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

• Operation of the UAS in close proximity to airports and populated areas; and 

• Operation of the UAS within visual line of sight of the operator. 

Reform Act § 333 (a). Lastly, if the Secretary determines that such vehicles "may operate 

safely in the national airspace system, the Secretary shall establish requirements for the safe 

operation of such aircraft in the national airspace system." ld. §333(c) (emphasis added) 1

. 

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. 

This statutory authority by its terms includes exempting civil aircraft, as the term is defined 

under §401 01 of the Act, that includes sUAS, from the requirement that all civil aircraft must 

have a current airworthiness certificate. 

1 Applicant interprets this provision to place the duty on the Administrator to not only process 

applications for exemptions under section 333, but for the Administrator to craft conditions for 

the safe operation of the sUAS, if it should be determined that the conditions set forth herein 

do not fulfill the statutory requirements for approval. 
The Administrator may grant an exemption from a requirement of a regulation 

prescribed under subsection (a) or (b) of this section or any sections 44702-44716 of this title 

if the Administrator finds 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 

of the defining technical characteristics of the sUAS is that a// of the 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. Because the 

length of the tether is relatively short and limited, the sUAS can only operate in line of sight 

and will operate only within the sterile area described in the Confidential Flight Operations and 

Procedures, attached as Exhibit 1 (hereinafter "the Manual")2

. Such operations will insure that 

the sUAS will "not create a hazard to users of the national airspace system or the 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, the Applicant falls squarely within that zone of safety (an equivalent level of safety) in 

which Congress envisioned that the FAA must, by exemption, allow commercial operations of 

sUAS to commence immediately. Also due to the size of the 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 significant public 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 

exemption without delay. 

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY 

The Applicant proposes that the exemption requested herein apply to civil aircraft that 

have the characteristics and that operate with the limitations listed herein. These limitations 

provide for at least an equivalent or even higher level of safety to operations under the current 

regulatory structure because the proposed operations represent a safety enhancement to 

workplace personal safety for certain types of industrial 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 procedures that are not available to 

the public and are protected from release under the Freedom of Information Act 5 USC 552 

et.seq. 

3 Reform Act Section 333 (b). 
These limitations and conditions to which Allied Drones agrees to be bound when conducting 

commercial operations under an FAA issued exemption include: 

1. The sUAS will weigh approximately 10 lbs in most flight and payload configurations, 

but no more than than 55 lbs. 

2. Flights will be operated within line of sight of the operator technician. 

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 

areas that could 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 gear will be worn by 

all personnel within the safety perimeter including, but not limited to, hardhats and 

brightly colored safety vests. 

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 E of 

the Manual. 

8. Operator technician and other workers within the safety perimeter will at all times be 

able to communicate by voice or hand signals. 

9. Written and/or oral permission from the relevant property holders will 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 agencies for the work being done on site. 

11. If the sUAS loses communications or loses its GPS signal, the sUAS will have 

capability to return to a pre-determined location within the Security Perimeter and land. 

12. The sUAS will have the capability to abort a flight in case of unpredicted obstacles or 

emergencies. 

13. The operator will file a FAA Form 7711-1, or its equivalent, as modified in light of the 

requested exemption, with the appropriate Flight Standards District Office for certain 

tethered sUAS operations that are substantially outside the immediate shielding 

vicinity of tower, bridge, or building work locations (§77.15) 
TECHNICAL/OPERATIONAL LIMITATIONS AND PUBLIC SAFETY 

The sUAS developed and operated by the Applicant are designed for very specific 

industrial inspection and survey work. One of defining characteristics of this 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 flight endurance, but only within a sphere defined by the length of the tether. Without 

the tether, the system is incapable of flight. 

Similar to moored balloons, the tether in this sUAS provides a means to limit the range 

of the aircraft under normal operating conditions. However, unlike moored balloons or sUAS 

featuring unpowered tethers which would continue to fly free if the tether cable were 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 unlikely event of a failure of one of the critical 

sUAS subsystems. In this way the tether-powered sUAS has more in common with cranes, 

manlifts, and camera masts than it does with traditional untethered sUAS. 

Another aspect relating to public safety in regards to the operation of the 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, or building under inspection 

by the sUAS is an equal, or even more hazardous obstacle to passing aircraft than the sUAS 

itself. The Applicant's proposal is to operate "shielded by existing structures of a 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 of the infrasture is on private property, 

behind fences, in remote locations, or in industrial settings that are not open to the public. The 

safety procedures described in the Manual, combined with the limitations and conditions 

outlined above would provide a sufficient level of public safety for the operation in the NAS. 

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1) 

Subpart H, entitled Airworthiness Certificates, establishes the 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 the Applicant, an 

exemption from Part 21 Subpart H meets the requirements of an equivalent level of safety 

under Part 11 and Section 333 of the 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 proximity to airports and populated areas of the particular sUAS. In 

4 14 CFR §77.15 
all cases, an analysis of these criteria demonstrates that the sUAS operated without an 

airworthiness certificate, in the restricted environment and under the conditions proposed will 

be at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating 

with an airworthiness certificate without the restrictions and conditions proposed. 

The sUAS to be operated hereunder is less than 55 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. 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 operation where the general public could be a factor. 

The FAA will have advance notice of all operations where the sUAS is operating outside the 

immediate vicinity of a an existing tower, bridge, or building. Lastly, application of these same 

criteria demonstrates that there is no credible threat to national security posed by the sUAS, 

due to its size, speed of operation, location of operation, tether limited range, lack of explosive 

materials or flammable liquid fuels, and inability to carry a substantial external load. 

14 C.F.R. § 45.23 {b). Marking of the Aircraft 

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 near each entrance to the 

cabin, cockpit, or pilot station, in letters not less than 2 inches nor more than 6 inches high, 

the words "limited," "restricted," "light-sport," "experimental," or "provisional," as applicable. 

Even though the sUAS will 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 compliance with §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) where the pilot, observer and others working with the sUAV 

will see the identification of the sUAS as "Experimental." The FAA has issued the following 

exemptions to this regulation to Exemptions Nos. 10700, 8738, 10167 and 10167 A. 

14 C.F.R. §91.3{a) and {c): Requirements for certificates, 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 order to act as pilot in command of a 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 of the 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 

knowledge for the tethered sUAS as outlined in the Manual Section E. 

The Applicant is open to finding a workable solution that puts this sUAS inspection tool 

into the hands of trained survey and inspection technicians without requiring every field level 

technician to become a certified pilot. 

14 C.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 for section 91.3(a) and (b) mentioned above, then because the sUAS will 

not carry a pilot or passengers, the proposed operations can achieve the equivalent level of 

safety of current operations by requiring the PIC operating the aircraft to 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 of operation 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 of safety achieved by 14 

C.F.R. §61.113 (a) & (b). 

14 C.F.R. §91.7(a): Civil aircraft airworthiness. 

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 for the aircraft, should 

this exemption be granted, no FAA regulatory standard will exist for determining 

airworthiness. Given the size of the aircraft and the requirements contained in the Manual for 

maintenance and use of safety check lists prior to each flight, an equivalent level of safety will 

be provided. 

14 C.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) For which an Airplane or Rotorcraft Flight manual is not required by §21.5 of this chapter, 

unless there is available in the aircraft a current approved airplane or Rotorcraft Flight 

Manual, approved manual material, markings, and placards, or any combination thereof. 
The sUAS, given its size and configuration, has no ability or place to carry such a flight 

manual on the aircraft, not only because there is no pilot on board, but because there is no 

room or capacity to carry such an item on the aircraft. 

The equivalent level of safety will be maintained by keeping the flight manual at the 

ground control point where the operator flying the sUAS will 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. 

14 C.F.R. § 91.103: Preflight action 

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 of safety will 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 of flight. 

14 C.F.R. §91.109: Flight instruction: 

Section 91.103 provides that no person may operate a civil aircraft (except a 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 procedures for 

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 of aircraft and for flight instruction in experimental aircraft. See Exemption Nos.5778K 

& 9862A. The equivalent level of safety provided by the fact that neither a pilot nor 

passengers will be carried in the aircraft and by the size and speed of the aircraft. 

14 C.F.R. §91.119: Minimum safe altitudes 

Section 91.119 establishes safe altitudes for operation of civil 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 or altitudes 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. It will however be operated in restricted areas with a safety perimeter, where the general 

public will not be 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 of the advance notice to the property owner and 

participants in the inspection activity, all affected individuals will be aware of the planned flight 

operations as set forth in Section C of the Manual. Compared to flight operations with 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 

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 of the departure airport or an 

appropriate altimeter setting available before departure." As the sUAS may only have a digital 

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 indicator before flight. 

14 C.F.R. § 91.151(a): Fuel Requirements for 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 after that for at 

least 45 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 of its proposed operations within 

a predetermined area, a 30 minute fuel reserve for flight in daylight or night VFR conditions is 

reasonable. 

14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration 

The regulation provides in pertinent part: 

(a) Except as provided in § 91.715, no person may operate a civil aircraft unless it has within 

it the following: 

(1) An appropriate and current airworthiness 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 at the cabin or cockpit entrance so that it is legible to passengers or crew. 

The sUAS fully loaded weighs no more than 55 lbs and is operated without an onboard 

pilot. As such, there is no ability or place to carry certification and registration documents or to 

display them on the sUAS. 

An equivalent level of safety will be achieved by keeping these documents at the 

ground control point where the operator flying 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. 

14 C.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) of this section, have discrepancies repaired as prescribed 

in part 43 of this chapter ... ," and others shall inspect or maintain the aircraft in compliance 

with Part 43. 

Given that these section and Part 43 apply only to aircraft with an airworthiness 

certificate, these sections will not apply to the Applicant. Maintenance will 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 

higher than 400 feet AGL. As provided in the Manual, the operator will ensure that the sUAS 

is in working order prior to 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 of safety. 

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 of sight and national security - provide more than adequate justification for 

the grant of the requested exemptions allowing commercial operation of Applicant's sUAS in 

the infrastructure inspection survey industry pursuant to the Manual appended hereto. 

// ... ~ 

l~ 

Joshua J. Kornoff 

President, Allied Drones