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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.

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## I LEXINGTON, KY 40509 F: (859) 543-3362 www.theallen.comThanks 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)

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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.

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## I LEXINGTON, KY 40509 F: (859) 543-3362 www.theallen.com4. 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)

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4EXTENT 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.

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## I LEXINGTON, KY 40509 F: (859) 543-3362 www.theallen.comGiven 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

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## I LEXINGTON, KY 40509 F: (859) 543-3362 www.theallen.compassengers 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 thePIC 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

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### www.theallen.comaircraft 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.

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## I LEXINGTON, KY 40509 F: (859) 543-3362 www.theallen.com13. 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

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## 1 LEXINGTON, KY 40509 F: (859) 543-3362 www.theallen.comof 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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1043.7" 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),

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11Section 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.

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12WHEREFORE, 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

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## ~~~~~~.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 13ANNEX A:

ACADEMY OF MODEL AERONAUTICS SAFETY REQUIREMENTS http://www.modelaircraft.or /f g iles/105, d

p fhttp://www.modelaircraft.ore/files/5A0- D.ndf http://www.modelaircraft.orWfiles/560.pd

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