ProfeSSIOnCI Surveyors & rv1aopers 

July 10, 2015 

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE 

Washington, DC 20590 

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

Aviation Regulations 

Dear Madam, Sir, 

Pursuant to Section 333 ofthe FAA Modernization and Reform Act of2012 (the "Reform Act") 

and 14 C.F.R. Part 11 , Allen & Company, Inc., an operator of the eBee Unmanned Aircraft 

System ("eBee") seeks an exemption from the Federal Aviation Regulations ("F ARs") listed 

below: 

• 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.F.R. 91.151(a) 

• 14 CFR Subpart E (91.401- 91.417) 

The requested exemption would authorize commercial operations using the eBee for surveying 

and mapping applications. Allen & Company has historically maintained a culture of training, 

safety, technology and professionalism. To guide us into the latest technological advancement in 

surveying and mapping, Allen & Company will be teaming with the Unmanned Safety Institute 

("USI"). USI is an industry leader and recognized nationally for their programs in UAS Flight 

Planning, Crew Resource Management, Safety Management Systems, Team Leadership, and 

Small UAS Safety. All USI instructors are credentialed to a minimum of private pilot license by 

FAA. Their philosophy is to meet teammates mission objective's by using time-honored and 

proven safety measures currently used in the traditional commercial aviation industry. They 

facilitate the mission by focusing their efforts on three key areas; human performance, 

technology testing, and building safe organizations. These programs will include practical and 

classroom based training. Also, Allen & Company will work closely with the eBee manufacturer 

to stay current on all hardware, software, safety and operational updates and mandates. These 

operations will be subject to strict operating requirements defined in the eBee user manual (Allen 

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), operational standards established by USI 

and conditions defined in the paragraph 3. Through this collaboration Allen & Company will 

position its self to operate at or above the safety expectations of the FAA and general public. 

16 E Plant Street • Winter Garden, Florida 34787 • 407/654/5355 • FAX 407/654/5356 
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 of flexible 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 operator to plan safely and efficiently a mission in 3D, and then 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 of the surveyed 

area. 

The four main characteristics of the eBee are: 

a. Very light weight 

The eBee is so light that the operator can launch it by hand 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 of a 

controlled emergency landing) also significantly reduces the risk of hazardous situations. Finally, 

the wings of the eBee are detachable and made of flexible foam with no sharp or hard edges and 

almost no 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 of the plane so that it can easily flex away in 

case of contact with 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 of the flight under the supervision of the 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 Horne, 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 controller provided with the system. 

2. APPLICATIONS 

Surveying and Mapping for: 

• Boundary Surveys 

• Topographic Surveys 

• Construction Monitoring 

• Construction Asbuilts 

• Borrow Pits 

• Route Surveys 

• Wetland Mapping 

• Site Evaluation 
3. APPLICABLE LEGAL STANDARD UNDER SECTION 333 

a. Airworthiness assessment of the eBee 

Allen notes that the airworthiness of the 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.nrnsu.edu/Articles/view/10208/nrnsu-uas-flight-testcenter-conducts-ebee-airworthiness-assessment, and the USACE New Orleans, who coordinated 

with the Department of Army 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) in many 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 (flight approval 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. Operating requirements 

Grant of the exemption to Allen for the eBee will be subject to the following operating conditions: 

• The PIC and VO has successfully passed a manufacturer's training program for the eBee; 

Allen & Company 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; 

• Has a successfully completed UAS Safety training administered by the Unmanned Safety 

Institute or other Certified Instructor. 

• Has obtained UAS Operator Certification with a small UAS rating issued by the USI or 

similar by a Certified Instructor. 

• Has an AMA Membership. 

• Be of high moral and ethical standing. Sign USI Code of Ethics or same by other 

organization of good standing. 

• Operations authorized by this grant of exemption are limited to the SenseFly eBee when 

weighing less than 55 pounds including payload. Proposed operations of any other aircraft 

will require a new petition or a petition to amend this exemption. 

• Operations for the purpose of closed-set motion picture and television filming are not 

permitted. 

• The UAS may not be operated at a speed exceeding 87 knots (1 00 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 UAS operating airspeed recommended by the aircraft 

manufacturer. 

• The UAS must be operated at an altitude of no more than 400 feet above ground level 

(AGL). Altitude must be reported in feet AGL. 

• The UAS must be operated within visual line of sight (VLOS) of the PIC at all times. Tlus 

requires the PIC to be able to use human vision unaided by any device other than 

corrective lenses, as specified on the PIC's FAA-issued airman medical certificate or U.S. 

driver's license. 

• All operations must utilize a visual observer (VO). The UAS must be operated within the 

visual line of sight (VLOS) of the PIC and VO at all times. The VO may be 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 or texting is 

not permitted during flight operations. The PIC must be designated before the flight and 

cannot transfer his or her designation for the duration of the flight. The PIC must ensure 

that the VO can perform the duties required of the VO. 

• This exemption and all documents needed to operate 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. 

If a discrepancy exists between the conditions and limitations in this exemption and the 

procedures outlined in the operating documents, the conditions and limitations herein take 

precedence and must be followed. Otherwise, the operator must follow the procedures as 

outlined 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 documents to the Administrator or any law enforcement official upon request. 

The operator must also present updated and revised documents if it petitions for extension 

or amendment to this grant of exemption. If the operator determines that any update or 

revision would affect the basis upon which the FAA granted this exemption, then the 

operator must petition for an amendment to its grant of exemption. The FAA's UAS 

Integration Office (AFS-80) may be contacted if questions arise regarding updates or 

revisions to the operating documents. 

• Any UAS that has undergone maintenance or alterations that affect the UAS operation or 

flight characteristics, e.g. replacement of a flight 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 aVO and must remain at 

least 500 feet from other people. The functional test flight must be conducted in such a 

manner so as to not pose an undue hazard to persons and property. 

• The operator is responsible for maintaining and inspecting the UAS to ensure that it is in a 

condition for safe operation. 

• 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 for all potential 

discrepancies, e.g. inoperable components, items, or equipment. If the inspection reveals a 

condition that affects the safe operation of the UAS, the aircraft is prohibited from 
operating until the necessary maintenance has been performed and the UAS is found to be 

in a condition for safe flight. 

• The operator must follow the UAS manufacturer's maintenance, overhaul, replacement, 

inspection, and life limit requirements for the aircraft and aircraft components. 

• Each UAS operated under this exemption must comply with all manufacturer safety 

bulletins. 

• Under this grant of exemption, the PIC and VO has a successfully completed aviation 

ground school training administered by a Certified Instructor. Posses AC Form 8080-2 

under all operational conditions. 

• 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 

distances 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 experiencebuilding) and determining the PIC's ability to safely operate the UAS in a manner 

consistent with how the UAS will be operated under this exemption are permitted under 

the terms of this exemption. However, training operations may only be conducted during 

dedicated training sessions. During training, proficiency, and experience-building flights, 

all persons not essential for flight operations are considered nonparticipants, and the PIC 

must operate the UAS with appropriate distance from nonparticipants in accordance with 

14 CFR § 91.119. 

• U AS operations may not be conducted during night, as defined in 14 CFR § 1.1. All 

operations must be conducted under visual meteorological conditions (VMC). Flights 

under special visual flight rules (SVFR) are not authorized. 

• The UAS may not operate within 5 nautical miles of an airport reference point (ARP) as 

denoted in the current FAA Airport/Facility Directory (AFD) or for airports not denoted 

with an ARP, the center of the airport symbol as denoted on the current FAA- published 

aeronautical chart, unless a letter of agreement with that airport's management is obtained 

or otherwise permitted by a COA issued to the exemption holder. The letter of agreement 

with the airport management must be made available to the Administrator or any law 

enforcement official upon request. 

• The UAS may not be operated less than 500 feet below or less than 2,000 feet horizontally 

from a cloud or when visibility is less than 3 statute miles from the PIC. 

• If the UAS loses communications or loses its GPS signal, the UAS must return to a predetermined location within the private or controlled-access property. 

• The PIC must abort the flight in the event ofunpredicted obstacles or emergencies. 

• The PIC is prohibited from beginning a flight unless (considering wind and forecast 

weather conditions) there is enough available power for the UAS to conduct the intended 

operation and to operate after that for at least five minutes or with the reserve power 

recommended by the manufacturer if greater. 
• Air Traffic Organization (ATO) Certificate of Waiver 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 

carmot be conducted under the terms of the attached COA. 

• All aircraft operated in accordance with this exemption must be identified by serial 

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

large as practicable. 

• Documents used by the operator to ensure the safe operation and flight of the UAS and 

any documents required under 14 CFR §§ 91.9 and 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. 

• The UAS must remain clear and give way to all manned aviation operations and activities 

at all times. 

• The UAS may not be operated by the PIC from any moving device or vehicle. 

• All Flight operations must be conducted at least 500 feet from all nonparticipating 

persons, vessels, vehicles, and structures unless: 

o Barriers or structures are present that sufficiently protect nonparticipating persons 

from the UAS 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 of the 

UAS, flight operations must cease immediately in a manner ensuring the safety of 

nonparticipating persons; and 

o The owner/controller of any vessels, vehicles or structures has granted permission 

for operating closer to those objects and the PIC has made a safety assessment of 

the risk of operating closer to those objects and determined that it does not present 

an undue hazard. 

o The PIC, VO, operator trainees or essential persons are not considered 

nonparticipating persons under this exemption. 

• 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 to be conducted. 

• Any incident, accident, or flight operation that transgresses the lateral or vertical 

boundaries of the operational area as defined by the 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. 
4. CONCLUSION 

Allen & Company historically has sought out and implemented the latest advances in surveying 

technology. These advances have included Electronic Distance Measuring, Electronic Data 

Collection, Static GPS, Real Time Kinematic GPS, 3D Laser Scanning and now Urunanned 

Aerial Mapping Systems. These advances allow for greater accuracy, increased productivity, 

superior worker safety and enhanced safety of the general public. Also over the years with the 

adaptation of new technologies the surveying profession has attracted a more professional 

workforce and a more technology minded profession. With implementation of the eBee UAS 

Allen & Company can limit the time employees spend in dangerous work areas such as traffic, 

construction sites and elevated work spaces. Also we will eliminate disruptions to traffic flow 

putting workers and drivers in potentially dangerous situations. However, with these safety 

benefits come other safety concerns. With an approved grant of exemption Allen & Company, 

Inc. realizes and accepts the immense responsibility undertaken with operating a UAS in the 

National Air Space. We will be diligent in assuring all training and operations are conducted with 

a "Safety First" mind-set. Our firm and operators will strive to perform at and above the standards 

stated herein. 

Yours Sincerely, 

~/ / 

Gerald ·;»hllston, Fl. PSM #5570 

Alle~eompany, Inc. 

VictY.'President 

16 E. Plant Street 

Winter Garden, Florida 34 787 

407-654-5355, X 103 = 0 

407-654-5356 = F 

407-948-5521 = c 

J erry@allen-company.com 
ANNEX A: EXEMPTION REQUEST AND EQUIVALENT LEVEL OF SAFETY 

SHOWINGS UNDER APPLICABLE RULES SUBJECT TO EXEMPTION 

Allen requests an exemption from the following regulations as well as any additional regulations 

that may technically apply to the operation of the eBee: 

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 

14 CFR § 91.203(a)(1) 

Section 91.203 requires all civil aircraft to have a certificate of airworthiness. 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 of the 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 Part 21 Subpart H in order to achieve or exceed current safety levels. 

Such an exemption meets the requirements of an equivalent level of safety under Part 11 and 

Section 333 of the Reform Act. The Federal Aviation Act 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 UAS involved. An analysis of these 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 of this application. ALLEN requests the FAA 

treat the eBee risk assessment as proprietary under 14 C.F.R. 11.35(b) and not include this 

document in the public docket. 

14 C.F.R. § 61.3: Requirements for certificates, ratings and authorizations 

14 C.F.R. § 61.113(a) & (b); 61.133(a): Private Pilot Privileges and Limitations; Pilot in 

Command; Commercial Pilot Privileges and Limitations 

The regulation provides that no person may serve as a required pilot flight crewmember of a civil 

aircraft of the United States, unless that person: 

(1) Has a pilot certificate or special purpose pilot authorization issued under this part in that 

person's physical possession or readily accessible in the aircraft when exercising the privileges of 

that pilot certificate or authorization. However, when the aircraft is operated within a foreign 

country, a pilot license issued by that country may be used. 

The regulation provides also that no person that holds a private pilot certificate may act as pilot in 

command of an aircraft for compensation or hire. Subparagraph (b) allows a private pilot to act as 

pilot in command of an aircraft in connection with any business or employment if: 

(1) The flight is only incidental to that business or employment; 

(2) The aircraft does not carry passengers or property for compensation or hire. 
Given the safety features of the 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 of the eBee should not be required to hold a commercial pilot certification. Instead, 

operators should be required to: 

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 of the eBee without 

an airworthiness certificate, no standard will exist for airworthiness of the eBee. Given the size of 

the aircraft and the previous airworthiness assessments given to the eBee, among others: 

• New Mexico State University: httos://newscenter.nmsu.eduf Articles/view/1 0208/nmsuuas-flight -test -center -conducts-ebee-airworthiness-assessment 

• USACE New Orleans, who coordinated with the Department of Army 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 of safety will be achieved by insuring compliance with the SenseFly manuals 

prior to each flight. 

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 of 400 feet AGL, the eBee cannot comply with this requirement. 

The equivalent level of safety will be achieved because the eBee will only fly over private 

property with the permission of the landowner. The operator will define before every flight a 

working area radius and a flight area ceiling, preventing the eBee to go beyond the flight area. 

The landowner and the persons who may be on the ground in the flight area will be briefed of the 

expected route of flight and the associated risks to persons and property on the 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 hazard to persons or property on the surface. 

14 C.F.R. § 91.15l(a): Fuel Requirements for Flight 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 of intended landing and to fly after 

that for at least 30 minutes.