ProfeSSIOnCISurveyors &rv1aopers July 10, 2015 U.S. Department ofTransportation 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 ("FARs") 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 ofprivate 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 selfto operate at or above the safety expectations ofthe FAA and general public.



### 16 E Plant S treet • Winter Garden, Florida 34787 • 407/654/5355 • FAX 407/654/53561. 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 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 ofthe surveyed area. The four main characteristics ofthe eBee are: a. Verylight 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 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 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 ofthe plane so that it can easily flex away in case ofcontact 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 ofthe flight under the supervision ofthe operator. d. Opt ion 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 Evaluation3. APPLICABLE LEGAL STANDARD UNDER SECTION 333 a. Airworthiness assessment ofthe eBee Allen notes that the airworthiness ofthe eBee has already been demonstrated for different projects in the United States, involving state /federal agencies or universities (among others the New Mexico State Universit y: 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 alreadyreceived 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 ofthe 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 AMAMembership. • Be of high moral and ethical standing. Sign USI Code of Ethics or sa me by other organization ofgood standing. • Operations authorized by this grant of exemption a re limited to the SenseFly eBee when weighing less than 55 pounds including payload. Proposed operations ofany 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). Theexemption 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 ofsight (VLOS) ofthe 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 ofsight (VLOS) ofthe 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 ofthe flight. The PIC must ensure that the VO can perform the duties required ofthe 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 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 documents to the Administrator or any law enforcement official upon request. The operator must also present updated and revised documents ifit 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. Ifthe inspection reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited fromoperating 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 oftraining 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. • UAS 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 ofan 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 ofagreement with that airport's management is obtained or otherwise permitted by a COA issued to the exemption holder. The letter ofagreement with the airport management must be made available to the Administrator or any law enforcement official upon request. • The UAS may notbe 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. • Ifthe 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 ifgreater.

### • 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 ofthe 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 bythe 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 ofan 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 UAS, flight operations must cease immediately in a manner ensuring the safety of nonparticipating persons; and o The owner /controller ofany vessels, vehicles or structures has granted permission for operating close r to those objects and the PIC has made a safety assessment of the risk ofoperating 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 propert y 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 ofthe 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 34787 407-654-5355 , X 

### 103 

### = 0 407-654-5356 = 

### F 407-948-5521 = 

# c J

### erry@allen-company.comANNEX 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 ofthe 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 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 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 sa fety levels. Such an exemption meets the requirements of an equivalent level of safety under Part 11 and Section 333 ofthe Reform Act. The Federal Aviation Act and Section 333 ofthe Reform Act both authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon conside ration of the size, weight, speed, operational capability, and proximity to airports and populated areas ofthe UAS involved. An analysis ofthese diff erent 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. 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 ofa civil aircraft ofthe United States, unless that person: (1) Has a pilot certificate or s pecial purpose pilot authorization issued under this part in that person's physica l 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 bythat country maybe used. The regulation provides also that no person that holds a private pilot certificate may act as pilot in command ofan aircraft for compensation or hire. Subparagraph (b) allows a private pilot to act as pilot in command ofan 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 orproperty for compensation orhire.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 ofthe eBee should notberequired 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 ofthe 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 ofsafety 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 of400 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 maybe on the ground in the flight area will be briefed ofthe expected route offlight 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 orproperty 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 ofintended landing and to fly after that for at least 30 minutes.