T H 

e" L L E N C o. 

SertViNc FCEtuTUCKY 1" Cr SiNer: 1939 

January 12, 2016 

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, 

INTRODUCTION 

THE ALLEN COMPANY, INC., located at 3009 Atkinson Avenue, Suite 300, Lexington, 

Kentucicy 40509 ("ALCO"), has operated limestone quarries in the Cormnonwealth of Kentucky for 

over 75 years, providing crushed stone to the local community. ALCO also provides services in 

road construction, excavation, grading, and utility work in Central and Eastem Kentucky. The 

public as a whole benefits from the products and services provided by THE ALLEN COMPANY, 

INC. and the sought after exemptions will allow ALCO to continue providing these goods and 

services in a more cost effective and safe manner. ALCO seeks exemption from the requirements of 

the below listed sections of Title 14 of the Code of Federal Regulations in order to operate the eBee 

Unmanned Aircraft System ("eBee") for mapping, surveying, measuring and inventorying 

applications. These operations will be subject to strict operating requirements defined in the eBee 

user manual (THE ALLEN COMPANY, INC. 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) and 

the conditions defined by the Safety Code of the Academy of Model Aeronautics (see Annex A), in 

order to enslu•e at least an eqluvalent level of safety to currently authorized operations using manned 

aircrafts. Use of the eBee will allow THE ALLEN COMPANY, INC. to continue providing goods 

and services to the communities of the Cormnonwealth in a safe, cost-effective and efficient manner. 

1. CHARACTERISTICS OF THE UNMANNED AIRCRAFT SYSTEM 

The eBee is a small (37.8 inches wingspan) and ultra-light (maximum take-off weight of 1.7 

pounds) platfoi-in inade of flexible foam that perfonns pre-programmed precision aerial mapping 

missions thanlcs to the on-board GPS and the related flight management software (eMotion) that 

allows the operator to safely and efficiently plan a mission in 3D, and then monitor it in real-time. 

P: (859) 543-3361 3009 ATKINSON AVENUE I SUITE 300 I LEXINGTON, KY 40509 F: (859) 543-3362 

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Thanks to the embedded camera, protected by a foam envelope, the eBee takes a collection of highdefinition still images that are used later to generate maps and contour lines of the surveyed area. 

The 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 rislc 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 Home, 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 to emergent circumstances, thanlcs to the remote controller provided 

with the system. 

e. Airworthy: THE ALLEN COMPANY, INC. 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 otliers: 

1. New Mexico State University:_: https://newseenter.nmsu.edu/Articles/view/10208/nmsuuas-flight-test-center-conducts-ebee-airworthiness-assessment, 

2. USACE New Orleans, who coordinated with the Department of Army and the FAA to 

obtain all autliorizations required in order to operate the eBee UAS for levee system 

monitoring, documentation of construction progress, and extensive oblique photography of 

USACE structures & activities. 

Moreover, SenseFly obtained flight approvals for the eBee (delivered by national civil aviation 

authorities) in many countries, ai-nong 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) 

P: (859) 543-3361 3009 ATKINSON AVENUE I SUITE 300 I LEXINGTON, KY 40509 F: (859) 543-3362 

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2 
• 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) 

2. OPERATION OF THE UNMANNED AIRCRAFT 

a. The eBee will be used to map for natural resources, endangered species and plant 

life, topography, as-built construction conditions and progress, quarry and mining 

operations (noncongested areas), sales demonstrations and crew training. 

b. Grant of the exemption to THE ALLEN COMPANY, INC. for the eBee will be subject to the 

following operating conditions, based on the operating conditions set forth by the Academy of Model 

Aeronautics (see Annex A). The main restrictions are summarized below: 

• Operations to be conducted only over private, controlled-access, or public property where 

approved; 

• Permission from the land owner/authority required before commencing any flight; 

• Operations over congested areas shall be avoided; 

• Operations must not interfere with manned aircraft operations, must yield the right of way to 

mamied aircraft, and operators must See & Avoid other aircraft and obstacles at all times; 

• Operations lirnited to Visual Flight Rules Meteorological Conditions (VMC) and daylight 

hours; 

• Aircraft operations must remain within Visual Line of Sight (VLOS) and will be visually 

monitored at all times; 

. VLOS guaranteed with a GPS geo-fence around operator of 0.5 miles; 

• Flight ceiling pre-programed at 400 feet; 

• All operations conducted within 5 miles from an airport shall only be initiated after verbal 

coordination with the airport authority, or air traffic control when a control tower is 

present at the airport; 

• All operations shall comply with required permissions and permits established by territorial, 

state, cotmty or city jurisdictions; including local law enforcement, fire, or other 

appropriate governmental agencies; 

• The eBee operations will be compliant with existing safety procedures inherent to the 

activities of the related company. 

3. OPERATOR REQUIREMENTS OF THE UNMANNED AIRCRAFT PIC 

The eBee operator will have successfully completed the written test of the Private Pilot license and has 

successfully passed a manufacturer's training program for the eBee. THE ALLEN COMPANY, INC. 

requests the FAA treat the eBee training program as proprietary under 14 C.F.R. 11.35(b) and does not 

include this docmnent in the public docket. 

P: (859) 543-3361 3009 ATKINSON AVENUE I SUITE 300 I LEXINGTON, KY 40509 F: (859) 543-3362 

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4. CHARACTERISTICS OF THE APPLICANT 

THE ALLEN COMPANY INC.' S primary business operations are comprised of highway/road 

construction, asphalt paving, concrete work, grading, drainage, site preparation, utility work and 

the management of limestone rock quarries. We produce and sell a large portion of the various 

crushed limestone products that are available to nine counties in central Kentucky. Part of the 

rock quarry management process is conducting quarterly accounting of inventory. In the past, 

individual rock products had to be measured by hand, which meant that huge piles of loose rock 

had to be walked and surveyed with conventional survey equipment. This is an inherently 

dangerous activity which becomes even more dangerous when the rock is wet or partially frozen 

during winter months. The eBee provides an option for measuring material that totally removes 

any employee or contractor from an otherwise dangerous activity. As outlined above, THE 

ALLEN COMPANY, INC.'S planned operations are very safe for other aircrafts because of 

established mission specifications (flights below 400 ft. and within a limited range) and the 

eBee'sintegrated safety features. 

BASIS FOR PETITION & EXEMPTION REOUEST 

Petitioner, THE ALLEN COMPANY, INC., pursuant to the provisions of the Federal Aviation 

Regulations (14 C.F.R. § 11.61) ("FARs") and the FAA Modernization and Reform Act of 2012 

(FMRA), Section 333, Special Rules for Certain Unmanned Aircraft Systems, (the "Reform 

Act") 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. 21, Subpart H 

• 14 C.F.R.36 

• 14 C.F.R. 45.23-45.29 

• 14 C.F.R. 61.23 (a) & (c) 

• 14 C.F.R. 61.101(e)(4), & (5) 

• 14 C.F.R. 61.113(a) & (b) 

• 14 C.F.R. 61.133(a) 

• 14 C.F.R. 91.7(a) 

• 14 C.F.R.91.9 

• 14 C.F.R. 91.103 

• 14 C.F.R. 91.105 

• 14 C.F.R.91.109(a) 

• 14 C.F.R. 91.119 

• 14 C.F.R. 91.121 

• 14 C.F.R.91.151 

• 14 C.F.R. 91.203(a) & (b) 

• 14 C.F.R.91.203 

• 14 C.F.R., Subpart E(91.401 - 91.417) 

P: (859) 543-3361 3009 ATKINSON AVENUE I SUITE 300 I LEXINGTON, KY 40509 F: (859) 543-3362 

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4 
EXTENT OF RELIEF REOUESTED AND REASON RELIEF IS SOUGHT & REASONS 

WHY SAFETY IS NOT AFFECTED OR HOW EXEMPTION WILL PROVIDE AN 

EOUAL LEVEL OF SAFETY 

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

Certificates 

14 C.F.R. 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), its operating speed and 

the limited operafing 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 certiffcate, 

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. THE 

ALLEN COMPANY, INC. 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. 

2. 14 C.F.R., Chapter I, Subchapter C, Part 36: Noise Standards: Aircraft Type and 

Airworthiness Certification 

THE ALLEN COMPANY, INC. seeks relief from this section to the extent that same is 

applicable to the eBee. Given the relative size and speed of the aircraft and the fact it is fully 

electric, an equal level of safety will be achieved without requiring the noise certification and 

testing outlined in this section. 

3. 14 C.F.R., Chapter I, Subchapter C, Part 45, Subpart C§ 45.23 -14 C.F.R. § 45.29: 

Display of Marks; Size of Marks 

These regulations provide that each aircraft must display marks consisting of the Roman capital 

letter "N" and the aircraft's registration number. Additionally, the aircraft must display the 

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

letters at least 2 inches high near the entrance to the cabin, cockpit, or pilot station. 

P: (859) 543-3361 3009 ATKINSON AVENUE I SUITE 300 I LEXINGTON, KY 40509 F: (859) 543-3362 

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Given the size of the eBee (wingspan of 37.8 inches & weight of 1.7 pounds) and the fact 

operations will be limited in both distance (geo-fence around operator of 0.5 miles) and flight 

ceiling (400 feet), compliance with this regulation is impossible and unnecessary in order to 

achieve the equivalent level of safety and THE ALLEN COMPANY, INC. seelcs a full 

exemption from these requirements. 

4. 14 C.F.R., Chapter I, Subchapter D, Part 61, Subpart A§ 61.23(a) &(c): Medical 

Certificates: Requirement and Duration 

This section requires the PIC to hold an applicable medical certificate. A total exemption is 

sought from these sections. An equivalent level of safety will be achieved because the relative 

risk of injury to any person is limited due to the small size, speed, and weight of the eBee and in 

consideration of the materials from which the eBee is constructed. Furthermore, because the 

eBee will not carry passengers and will only fly over sparsely populated areas where all 

individuals on the groutid will be aware of its flight and the potential risks, the risk of any injury 

requiring treatment by an individual holding a medical certificate is much less than what is 

anticipated by this section. 

5. 14 C.F.R., Chapter I, Subchapter D, Part 61, Subpart D§ 61.101(e)(4) and (5): 

Recreational Pilot Privileges and Limitations 

These subsections prohibit the holder of a recreational pilot license to act as the PIC of an 

aircraft for either compensation or hire, or in furtherance of a business. Relief is requested to 

the extent necessary to allow THE ALLEN COMPANY, INC.'S PIC to operate the eBee for the 

purposes outlined above. An equivalent level of safety will be achieved because the eBee 

operator will have succesafully completed the written test of the Private Pilot license and have 

successfully passed a manufacturer's training program for the eBee. Further, THE ALLEN 

COMPANY, INC. submits that all flights of the eBee, conducted by the PIC pursuant to the 

grant of this petition (1) will be incidental to THE ALLEN COMPANY, INC.'S business and 

(2) will not carry passengers or property for compensation or hire other than the photographs 

and data collected by the eBee while in operation 

6. 14 C.F.R., Chapter I, Subchapter D, Part 61, Subpart E§ 61.113(a) and (b): Private 

Pilot Privileges and Limitations 

This section prohibits a person who holds a private pilot certificate to act as a pilot in command 

of an aircraft for compensation or hire. Relief is requested to the extent necessary to allow THE 

ALLEN COMPANY, INC.' S PIC to operate the eBee for the purposes outlined above. An 

equivalent level of safety will be achieved because the eBee operator will have successfully 

completed the written test of the Private Pilot license and have successfully passed a 

manufacturer's training program for the eBee. Further, THE ALLEN COMPANY, INC. 

submits that all flights of the eBee, conducted by the PIC pursuant to the grant of this petition 

(1) will be incidental to THE ALLEN COMPANY, INC.'S business and (2) will not carry 

P: (859) 543-3361 3009 ATKINSON AVENUE I SUITE 300 I LEXINGTON, KY 40509 F: (859) 543-3362 

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passengers or property for compensation or hire other than the photographs and data collected 

by the eBee while in operation. 

7. 14 C.F.R., Chapter I, Subchapter D, Part 61, Subpart F§ 61.133(a): Commercial Pilot 

Privileges and Limitations 

This section prohibits a person who holds a commercial pilot certificate to act as a pilot in 

command of an aircraft for compensation or hire. Relief is requested to the extent necessary to 

allow THE ALLEN COMPANY, INC.'S, PIC to operate the eBee for the purposes outlined 

above. An equivalent level of safety will be achieved because the eBee operator will have 

successfully completed the written test of the Private Pilot license and have successfully passed 

a manufacturer's training program for the eBee. Further, THE ALLEN COMPANY, INC. 

submits that all flights of the eBee, conducted by the PIC pursuant to the grant of this petition 

(1) will be incidental to THE ALLEN COMPANY, INC.'S business and (2) will not carry 

passengers or property for compensation or hire other than the photographs and data collected 

by the eBee while in operation. 

8. 14 C.F.R., Chapter 1, Subchapter F, Part 91, Subpart A, § 91.7(a): Civil Aircraft 

Airworthiness 

This regulation requires that no person may operate a civil aircraft unless it is in airworthy 

condition and that the PIC is responsible for determining whether that aircraft is in condition for 

safe flight. The pilot in command shall discontinue the flight when unairworthy mechanical, 

electrical, or structural conditions occur. THE ALLEN COMPANY, INC. seeks an exemption 

from this section to the extent necessary to allow its commercial operation of the eBee without 

an airworthiness certificate because the airworthiness of the eBee has been thoroughly assessed 

as discussed above. 

Furthermore, an equivalent level of safety will be achieved given the size of the aircraft and the 

previous airworthiness assessments by insuring THE ALLEN COMPANY, INC.'S PIC 

complies with the eBee's operating manuals and the operating conditions set forth by the 

Academy of Model Aeronautics (see Annex A), prior to and post each flight. During flight the 

PIC will adhere to §91.7(b) and abort air operations immediately upon identification of an inflight emergency or other unsafe conditions. 

9. 14 C.F.R., Chapter I, Subchapter F, Part 91, Subpart A, § 91.9: Civil Aircraft Flight 

Manual, Marking, and Placard Requirements 

This regulation provides that no person may operate an aircraft unless in accordance with a current, 

approved flight manual; when such manual is in the aireraft; and only if the aircraft is identified in 

accordance with 14 C.F.R. THE ALLEN COMPANY, INC. assumes that the intent of this 

requirement is to ensure that proper flight manual information is available to the PIC while operating 

the aircraft. THE ALLEN COMPANY, INC. requests an exemption to this requirement since the 

P: (859) 543-3361 3009 ATKINSON AVENUE I SUITE 300 I LEXINGTON, KY 40509 F: (859) 543-3362 

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aircraft is not only too small to carry documentation, but also because if the documentation were on 

board the eBee, the documentation would not be available to the PIC. The equivalent level of safety 

will be achieved by keeping a hard copy of the flight manual in the eBee transportation box so that it 

is available to the PIC during all times prior to, during and after operation. 

10. 14 C.F.R., Chapter I, Subchapter F, Part 91, Subpart B, § 91.103: Preflight Action 

This section requires the PIC to become familiar with certain information prior to flight. An 

exemption is being sought from the portions of section which require communications with air 

traffic control or knowledge of reliable information appropriate to the aircraft, relating to 

aircraft performance under expected values of airport elevation and runway slope, aircraft gross 

weight, and wind and temperature. None of THE ALLEN COMPANY, INC.'S operations under 

this exemption will utilize airports for take-offs or landings. This section is intended to malce 

sure that all PIC are laiowledgeable about and in communications with the airports that could be 

potentially used during tlight. Because THE ALLEN COMPANY, INC.'s operations will not 

require use of airports for landings and take-offs this exemption will provide an equal level of 

safety. 

11. 14 C.F.R., Chapter I, Subchapter F, Part 91, Subpart B, § 91.105: Flight 

Crewmembers at Stations 

This section requires flight crewmembers to talce specific actions before, during, and after flight. 

The eBee, is too small to utilize onboard crew or contain safety belts. The only flight crew will 

be the PIC who will remain on the ground at all times. An exemption from this section will 

provide an equivalent level of safety because there will be no crew onboard the aircraft and it 

wi11 be unnecessary for the PIC to comply with this section because he/she will remain on the 

ground at all times. 

12. 14 C.F.R., Chapter I, Subchapter F, Part 91, Subpart B, § 91.109(a): Flight 

Instruction 

The regulation provides that no person may operate a civil aireraft that is being used for flight 

instruction unless that aircraft has fully functioning dual controls. THE ALLEN COMPANY, 

INC. seeks an exemption to allow it to provide flight instruction, as necessary, to potential PICs 

through an elaborated training program, where new potential PICs first use the simulation mode 

of the flight management software eMotion. The equivalent level of safety during the training 

will be achieved by the manufacturer or authorized distributor providing the training through 

the use of experienced and qualified operators familiar with the eBee and by ensuring that 

training takes place in a sterile environment. Training sessions will be accomplished separately 

froin flights conducted for compensation or hire. 

P: (859) 543-3361 3009 ATKINSON AVENUE I SUITE 300 I LEXINGTON, KY 40509 F: (859) 543-3362 

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13. 14 C.F.R., Chapter I, Subehapter F, Part 91, Subpart B, § 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 peraons. The aircraft will be operated at an altitude allowing, if power unit 

fails, an emergency landing without undue hazard to persons or property on the surface. Given 

the size, speed of operation, and the materials from which the eBee is constructed, an equivalent 

level of safety will be achieved. 

14. 14 C.F.R., Chapter I, Subchapter F, Part 91, Subpart B, § 91.121— Altimeter Settings 

This section requires that each person operating an aircraft shall maintain the cruising altitude or 

flight level of that aircraft, as the case may be, by reference to an altimeter that is set, when 

operating below 18,000 feet MSL to (1) the current reported altimeter setting of a station along 

the route and within 100 nautical miles of the aircraft; (2) if there is no station within the area 

prescribed in (1) then the current reported altimeter setting of an appropriate available station; 

(3) in the case of an aireraft not equipped with a radio, the elevation of the departure airport or 

an appropriate altimeter setting available before departure. 

To provide an equivalent level of safety, the eBee calculates the reference altitude (ground 

level) with the on-board GPS during the pre-flight tests. The GPS and barometer data are 

merged with respect to their respective readings. The GPS provides reliable information to 

correct potential barometric bias, while rapid variations in altitude are detected through the 

barometer. Hence, barometric bias induced by environmental factors is rejected and an 

equivalent level of safety is achieved without referencing the altimeter settings of a nearby 

station. 

15. 14 C.F.R., Chapter I, Subehapter F, Part 91, Subpart B, § 91.151: 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. Given the limited area of operation for the eBee, an equivalent level 

P: (859) 543-3361 3009 ATKINSON AVENUE I SUITE 300 1 LEXINGTON, KY 40509 F: (859) 543-3362 

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of safety is achieved due to the fact the eBee wi11 not accept a take-off order if the battery 1eve1 

is below a given value. Moreover, the eBee has integrated "low" and "criticaP' battery level 

warnings and implements an automatic "Return to Home" (and "Go Land") action in these 

situations. 

16. 14 C.F.R., Chapter I, Subchapter F, Part 91, Subpart C, § 91.203 (a) &(b): Civil 

Aircraft: Certif"ication Required 

This regulation provides that no person may operate a civil aircraft unless it has an appropriate 

and current airworthiness certificate and an effective U.S. registration certificate issued to its 

owner or, for operation within the United States, the second copy of the Aircraft registration 

Application as provided for in §47.31(c), a Certificate of Aireraft registration as provided in 

Part 48, or a registration certification issued under the laws of a foreign country. Furthermore, 

the required airworthiness certificate or a special flight authorization issued under §91.715 must 

be displayed at the cabin or cockpit entrance so that it is legible to passengers or crew. 

A full exemption to these regulations is sought. The eBee weighs only 1.7 pounds (max takeoff weight). As such, there is no ability or place to carry certification and registration documents 

or to display them on the UAS. In addition, there is no pilot or passengers onboard the aircraft. 

To obtain an equivalent level of safety and meet the intent of 91.203, THE ALLEN 

COMPANY, INC. proposes that documents deemed appropriate for this aircraft by the FAA 

will be co-located with the PIC at the ground control station in the eBee box and available for 

inspection upon request. 

17. 14 C.F.R., Chapter I, Subchapter F, Part 91, Subpart C, § 91.203: ATC Transponder 

and Altitude Reporting Equipment and Use 

This section requires aircraft to be equipped with an operable radar transponder. The eBee does 

not come equipped with such a transponder and no transponder exists that can be installed on 

this UAS. THE ALLEN COMPANY, INC. requests exemption to the extent required to operate 

in areas where a transponder is required. An equivalent level of safety will be achieved by 

complying with all the conditions of operations set forth by the Academy of Model Aeronautics 

(see Annex A). Given the size of the eBee, its limited operating range, the low altitude at which 

it will be operated, and the land over which it will be ufilized, an equivalent level of safety will 

be achieved as other manned aircraft which receive authorization to fly in airspace where a 

transponder is required, but not operable. 

18. 14 C.F.R Chapter I, Subchapter F, Part 91, Subpart F, §91.401 -§ 91.417) - 

Maintenance, Preventive Maintenance, and Alterations 

These regulations provide that the operator is primarily responsible for maintaining the aircraft 

in an airworthy condition, including compliance with Parts 39 and 43. Paragraphs 91.407 and 

91.409 require that the aircraft be "approved for return to service by a person authorized under 

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10 
43.7" after maintenance and inspection. Section 91.409(a)(2) requires an annual inspection for 

the issuance of an airworthiness certificate. Section 91.417(a) requires the owner or operator to 

keep records showing certain maintenance work that has been accomplished by certificated 

mechanics, under Part 43, or licensed pilots and records of approval of the aircraft for return to 

service. 

THE ALLEN COMPANY, INC. proposes that the maintenance of the eBee will be 

accomplished by the owner/operator according to the maintenance manual, provided by 

SenseFly. THE ALLEN COMPANY, INC. requests the FAA treat the eBee training program as 

proprietary under 14 C.F.R. 11.35(b) and not include this document in the public docicet. 

An equivalent level of safety will be achieved because the eBee is small in size, it is not a 

complex mechanical device, it will carry no external payload, and it will operate only in 

restricted, predetermined areas. Moreover, the operator is the person most familiar with the 

aircraft and is best suited to maintain the aircraft in an airworthy condition and to ensure an 

equivalent level of safety. Finally, before every flight, the eBee automatically runs a sequence 

of pre-flight tests to make sure that every sensor and every critical part is running properly. If a 

problem is detected, the eBee will not be able to be switched-on and a message error is 

displayed on the main screen of the flight management software. The operator can then refer to 

the maintenance manual to troubleshoot this issue. Several parts of the eBee are easily 

interchangeable (i.e. propellers & wings), which allows the operator to make sure the wings and 

propulsion system are always airworthy when a mission is initiated. 

REASONS WHY GRANTING THE ALLEN COMPANY, INC.'S REOUEST WOULD 

BENEFIT THE PUBLIC AS A WHOLE 

THE ALLEN COMPANY, INC. is one of the few providers of rocic products in the areas it 

services. The products and services it sells are essential to private, public and governmental 

construction projects. The grant of this petition will allow THE ALLEN COMPANY, INC. to 

provide these goods and services in a more cost effective, efficient, and safe manner; thereby 

allowing it to do so more quickly and at less cost to the consumer and taxpayer. 

Furthermore, the public benefits because the eBee will a11ow the previously dangerous activity 

of inventorying rock piles and surveying treacherous construction sites to be completed without 

putting human lives at risk. Finally, by avoiding the traditional methods for aerial surveying, 

the risks and harms associated with same are avoided, i.e. reduces the collateral damage risks 

posed by traditional low-altitude manned flights carrying flanimable fuels and also reduces the 

noise and air pollution caused by traditional manned flights. 

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER 

THE ALLEN COMPANY, INC., pursuant to the provisions of the Federal Aviation Regulations 

(14 C.F.R. § 11.61) ("FARs") and the FAA Modernization and Reform Act of 2012 (FMRA), 

P: (859) 543-3361 3009 ATKINSON AVENUE I SUITE 300 1 LEXINGTON, KY 40509 F: (859) 543-3362 

www.theallen.com 

11 
Section 333, Special Rules for Certain Unmanned Aircraft Systems, (the "Reform Act") 

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. 21, Subpart H 

• 14 C.F.R. 36 

• 14 C.F.R. 45.23-45.29 

• 14 C.F.R.61.23 

• 14 C.F.R. 6 1. 101 (e)(4), & (5) 

• 14 C.F.R. 61.113 

• 14 C.F.R. 61.133(a) 

• 14 C.F.R. 91.7(a) 

• 14 C.F.R.91.9 

• 14 C.F.R. 91.103 

• 14 C.F.R. 91.105 

• 14 C.F.R.91.109(a) 

• 14 C.F.R. 91.119 

• 14 C.F.R.91.121 

• 14 C.F.R.91.151 

• 14 C.F.R. 91.203(a) & (b) 

• 14 C.F.R.91.203 

• 14 C.F.R., Subpart E(91.401 - 91.417) 

Such exemptions will allow THE ALLEN COMPANY, INC. to conduct unmanned aerial 

systems operations for the purposes of mapping, surveying, collecting data and inspections. 

CONCLUSION 

As set forth herein, THE ALLEN COMPANY, INC. seeks an exemption pursuant to 14 C.F.R. 

§ 11.61 and Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA), which 

will permit safe operation of the eBee commercially, without an airworthiness certificate, for 

the limited purpose of conducting aerial video and photography over certain areas of the United 

States. FMRA Section 333 directs the Secretary of Transportation to determine if certain UAS, 

like the eBee, may operate safely in the NAS. FMRA Section 333 sets forth the requirements 

for considering whether a UAS will create a hazard to users of the NAS or the public, or 

otherwise pose a threat to national security; and further, provides the authority to allow UAS, 

such as the eBee, to operate without an airworthiness certificate. 

TFIE ALLEN COMPANY, INC. will operate the eBee UAS safely in the NAS, without creating 

a hazard to other users of the NAS, or the public, or in any way pose a threat to national 

security. By granting this Petition, the FAA Administrator will be fulfilling the Congressional 

mandate of the FAA Modernization and Reform Act of 2012, while also advancing the interests 

of the public, by allowing THE ALLEN COMPANY, INC. to safely, efficiently, and 

economically operate the eBee commercially within the NAS. 

P: (859) 543-3361 3009 ATKINSON AVENUE I SUITE 300 1 LEXINGTON, KY 40509 F: (859) 543-3362 

www.theallen.com 

12 
WHEREFORE, in accordance with the Federal Aviation Regulations and the FAA Modemization 

and Reforrrt Act of 2012, Section 333, THE ALLEN COMPANY, INC. respectfully requests that 

the Administrator grant this Petition for an exemption from the requirements of the above 

referenced regulations and permit THE ALLEN COMPANY, INC. to operate the eBee 

commercially for the purpose of conducting aerial video and photography over certain areas of 

the United States. 

Thank you for consideration of this application. Pursuant to 14 C.F.R. 21.16, if special 

conditions are necessary to establish an equivalent level of safety we are prepared to modify or 

amend any part of this request. We look fonvard to working with your office. Please contact us at 

any time if you require additional information or clarification. 

YouI'Ssin ere ~~ , 

~~~~~~.t_~ 

'icholas Dunn, PE 

P: (859) 543-3361 3008 ATKINSON AVENUE I SUITE 300 1 LEXINGTON, KY 40509 F: (859) 543-3362 

www.theallen.com 

13 
ANNEX A: 

ACADEMY OF MODEL AERONAUTICS SAFETY REQUIREMENTS 

http://www.modelaircraft.or /f g iles/105, dp fhttp://www.modelaircraft.ore/files/5A0- 

D.ndf http://www.modelaircraft.orWfiles/560.pd 

P: (859) 543-3361 3009 ATKINSON AVENUE I SUITE 300 1 LEXINGTON, KY 40509 F: (859) 543-3362 

www.theallen.com 

14