ROWE

1 Juniper	Unmanned	Inc.

December 11th, 2015

United States Department of Transportation 

Federal Aviation Administration

Docket Management System 

1200 New Jersey Avenue, NE Washington, DC 20590

Name of Applicant:

Rowe Professional Services Company, ROWE Professional Services 

Company dba Air Land Surveys and The Rowe Group, P.C.

Attn: Greg Lemke 

Phone: 810-762-6800

Email: glemke@rowepsc.com

540 S. Saginaw St., Suite 200

Flint, MI 48502

Submitted by:

Juniper Unmanned

Attn: Darren Robey, Matt Tompkins

Phone: 303-406-3312, 303-929-3726

3490 Parfet St.

Wheat Ridge, CO 80033

matt.tompkins@juniperunmanned.com, 

darren.robey@juniperunmanned.com
ROWE

2 Juniper	Unmanned	Inc.

Re: Petition for Exemption of Rowe Professional Services Company, 

ROWE Professional Services Company dba Air Land Surveys and The 

Rowe Group, P.C. under Section 333 of the FAA Modernization and 

Reform Act, 49 U.S.C. 44701(±), and 14 Part 11

Table of Contents

Request .......................................................................................................................................................3

Background	Information	on	the	Petitioner.............................................................................................3

Conditions	and	Limitations .......................................................................................................................3

Proposed	Unmanned	Aerial	Vehicles.......................................................................................................4

Proposed	Operations.................................................................................................................................4

Exemptions	Requested..............................................................................................................................5

14	C.F.R.	Part	21	Part	H	and	91.7(a) .........................................................................................................6

91.405(a),	91.407(a)(1),	91.409(a)(1)(2),91.417(a)(b) ............................................................................6

14	C.F.R.	45.23	(b) ......................................................................................................................................7

14	C.F.R.	91.9	(b)	(2)...................................................................................................................................7

14	C.F.R.	91.121 ..........................................................................................................................................7

14	C.F.R.	91.151(a)	and	(b) ........................................................................................................................8

14 C.F.R.	61.113	(a)	and	(b) .......................................................................................................................8

14	C.F.R.	91.119 ..........................................................................................................................................8

Public	Interest.............................................................................................................................................9

Reasons	Why	Granting	the	Exemption	would	not	Adversely	Affect	Safety ......................................10

Summary	for	Federal	Register ................................................................................................................11
ROWE

3 Juniper	Unmanned	Inc.

Request

On behalf of ROWE, we hereby seek an exemption from the Federal 

Aviation Regulations detailed below, as authorized by Section 333 of 

the FAA Modernization and Reform Act ("Section 333"), Subsection 

44701(±) of the Federal Aviation Act, and pursuant to the procedures 

set forth in Part 11 of the Federal Aviation Regulations, to allow ROWE

to operate the DJI Phantom 3, DJI Phantom 3 Professional, 3D 

Robotics X8-M, and Trimble ZX5.

Background Information on the Petitioner

ROWE is a Flint, Michigan based leading professional services firm, 

driving infrastructure and development projects for public, private, 

governmental, tribal, and not-for-profit clients. ROWE provides civil 

engineering, surveying, aerial photography and mapping, landscape 

architecture, planning, and land development products. The addition 

of sUAS to this offering will greatly assist in reducing risk and greatly 

increase safety in ROWE’s aerial operations.

Conditions and Limitations

The small sUAS operations proposed in this petition will be subject to the 

following conditions and limitations. Each of these conditions and 

limitations is consistent with previously granted small sUAS Section 333 

exemptions and FAA guidance. See, e.g., Exemption No. 11110 (Docket 

FAA-2014-0367) (“Trimble Exemption”); Exemption No. 11062 (Docket 

FAA-2014-0352) (“Astraeus Exemption”); Exemption No. 11109 (Docket 

FAA-2014-0507) (“Clayco Exemption”); Exemption No. 11136 (Docket 

FAA-2014-0508) (“AAS Exemption”); Exemption No. 12645 (Docket FAA2014-0804) (“Allied Drones”). Collectively, these conditions and limitations 

ensure that the proposed small sUAS operations will not adversely affect 

safety and will provide at least an equivalent level of safety to the current 

rules of large manned aircraft operations.
ROWE

4 Juniper	Unmanned	Inc.

Proposed Unmanned Aerial Vehicles

The proposed aircraft, DJI Phantom 3 and Phantom 3 Professional, 3D 

Robotics X8-M and Trimble ZX5, all have safety features to assist in 

low risk operation. Each of these aircraft have been included in 

granted exemptions.

Proposed Operations

ROWE will operate the proposed aircraft to collect aerial imagery and 

video, aerial inspection of infrastructure and collection of data for 

survey purposes. 

ROWE will operate its sUAS in full compliance with the applicable 

manufacturer manual. ROWE will operate its sUAS under 400 feet AGL 

and within the visual line of sight of the pilot and visual observer. The 

PIC (Pilot in Command) will hold at least a Recreational Pilot 

Certificate, hold a at least a class 3 medical and be familiarized with 

the sUAS in operation. The Visual Observer will also hold a 3rd class 

medical or state issued drivers license and be familiarized with the 

sUAS being used in the operation. 

The Pilot in Command (PIC) will make himself aware of meteorological 

conditions in the area of operation. Flights will be conducted with the 

consent of property owner and/or developer.

Operations not within Class-G airspace or above 200ft AGL, will 

require written approval from the FAA in the form of a Certificate or 

Waiver of Authorization. The aircraft included in this petition comply 

with FCC signal frequencies and will be limited to 2.4Ghz, 5.8Ghz and 

900Mhz. 

ROWE will conduct a briefing before each day's operations, which all 

participating personnel must attend. A risk assessment will be 

conducted, evaluating obstructions and other potential hazards. ROWE

will file a NOTAM prior to operations. All operations will be conducted

during daytime in Visual Metrological Conditions (VMC). 
ROWE

5 Juniper	Unmanned	Inc.

In addition, ROWE will conduct a pre-flight inspection of aircraft and 

ground equipment. These inspections will be conducted according to 

manufacturer manuals. 

Under the requested exemption, ROWE will operate its sUAS within 

the United States.

Exemptions Requested

14 C.F.R. Part 21 (h) (airworthiness certification)

14 C.F.R. 45.23(b) (marking of the Aircraft)

14 C.F.R. 61.113(a) and (b) (private Pilot Privileges and Limitations)

14 C.F.R. 91.7(a) (b) (civil aircraft airworthiness)

14 C.F.R. 91.9(b) (2) (civil aircraft flight manual... requirements)

14 C.F.R. 91.119(b) and (c) (minimum safe altitudes)

14 C.F.R. 91.121(altimeter settings)

14 C.F.R. 91.151(a) and (b) (fuel requirements in VFR conditions)

14 C.F.R. 91.405(a) and (b) (maintenance required)

14 C.F.R. 91.407(a)(1) (operation after maintenance)

14 C.F.R. 91.409(a) (inspections)

14 C.F.R. 91.417(a) and (b) (maintenance records) 
ROWE

6 Juniper	Unmanned	Inc.

14 C.F.R. Part 21 Part H and 91.7(a)

Given its small size, operational capabilities, and restricted area in 

which the sUAS will operate, an exemption from Part 21, Subpart H, 

Airworthiness Certificates, and 14 C.F.R. 91.7(a), is warranted, as 

ROWE’s sUAS satisfy the equivalent level of safety as compared with 

manned aircraft and meets the criteria in section 333. 

Each sUAS (including payload) is less than 55 pounds, carry no 

explosive materials or flammable liquid fuels, and would operate 

outside controlled airspace, with no passengers or crew on board. As 

the FAA has found in granting an exemption to Clayco, Exemption No. 

11109, page 10.

The limited weight significantly reduces the potential for harm to 

participating and nonparticipating individuals or property in the event 

of an incident or accident. The risk to an onboard pilot and crew 

during an incident or accident is eliminated with the use of a sUAS for

aerial operations.

91.405(a), 91.407(a)(1), 91.409(a)(1)(2),91.417(a)(b)

In support of ROWE’s request for an exemption from 14 C.F.R. 

91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b), 

ROWE will adhere to the following inspection and maintenance 

program: 

ROWE must carry out its maintenance, inspections, and record 

keeping requirements in accordance with the aircraft manufacturer

manuals. Maintenance, inspection, and alterations must be noted in 

the aircraft logbook, including total flight hours, description of work 

accomplished, and the signature of the authorized sUAS maintenance 

personnel returning the sUAS to service.

ROWE will follow the manufacturer's sUAS requirements relating to 

components, maintenance, overhaul, replacement, inspection and life 

limits. 
ROWE

7 Juniper	Unmanned	Inc.

14 C.F.R. 45.23 (b)

Section 45.23(b) requires that certain experimental, provisionally 

certified aircraft or light-sport category aircraft to be marked with 

letters between 2 and 6 inches high as “Limited”, “Restricted”, “LightSport”, “Experimental”, or “Provisional” near each entrance to the 

cabin, cockpit or pilot station. The sUAS included in this exemption will 

have no airworthiness certificate, should this 333 exemption be 

approved, is not of a size on which 2 inch lettering is possible and 

does not have a cabin or pilot station on which the word 

“Experimental” can be placed. For these reasons, ROWE respectfully 

requests an exemption from this regulation.

14 C.F.R. 91.9 (b) (2) 

Section 91.9 (b) (2) requires that, no person may operate a U.S.-

registered civil aircraft ... (2) For which an Airplane or Rotorcraft Flight

Manual is not required by §21.5 of this chapter, unless there is 

available in the aircraft a current approved Airplane or Rotorcraft 

Flight Manual, approved manual material, markings, and placards, or 

any combination thereof. The sUAS, given its size and configuration 

has no ability or place to carry a flight manual on the aircraft, not only 

because there is no pilot on board, but because there is no room or 

capacity to carry such an item on the aircraft. The equivalent level of 

safety will be maintained by keeping the flight manual at the ground 

control point where the pilot flying the sUAS will have immediate 

access to it. For these reasons, ROWE respectfully requests an 

exemption from this regulation.

14 C.F.R. 91.121

ROWE’s sUAS are equipped with a GPS altimeter. Information such as,

real-time telemetry data, altitude, speed, and sUAS attitude are 

displayed to operators.

Moreover, the sUAS will be operated within the visual line of sight of 

the pilot in command and visual observer and below 400 feet AGL. 

Because the proposed aircraft are not equipped with a barometric 
ROWE

8 Juniper	Unmanned	Inc.

altimeter, and instead use a GPS altitude, the ability to maintain 

required altimeter settings outlined in 14 C.F.R. 91.121 is not feasible. 

Therefore, relief from 14 C.F.R. 91.121 is requested. 

14 C.F.R. 91.151(a) and (b)

In support of ROWE’s request for an exemption from 14 C.F.R. 

91.151(a) and (b), the proposed sUAS are battery-powered and are 

operated for a maximum 25 minutes, this makes the fuel requirements 

of 14 C.F.R. 91.151(a) and (b) impossible to meet. All operations will 

be conducted according to manufacturer recommended battery flight 

times. 

14 C.F.R. 61.113 (a) and (b)

ROWE requests an exemption from 14 C.F.R. 61.113 (a) and (b) to 

the extent necessary to permit ROWE to conduct commercial sUAS

operations using PICs who hold, at least, an FAA recreational pilot 

certificate. ROWE requests that the FAA exempt ROWE and its PICs 

from this requirement since the use of a recreational pilot as the PIC 

for the sUAS operations under this exemption will be as safe or safer 

than the use of a commercial pilot for manned aircraft operations. 

Unlike conventional aircraft, the sUAS proposed in this exemption are 

remotely controlled, operated in Visual Metrological Conditions, with 

no crew or passengers, below 400ft AGL, are low weight, and batterypowered. The fulfillment of the additional requirements for a 

recreational pilot to become qualified as a commercial pilot would not 

lead to any additional safety benefits when sUAS operations are 

involved.

14 C.F.R. 91.119

ROWE seeks an exemption from the requirement in 14 C.F.R. 91.119, 

subsection (b), that an aircraft must remain at least 1,000 feet above 

any congested area or open air assembly of persons, and subsection 

(c), that an aircraft must remain at least 500 feet above any person or 

structure in an area other than populated or congested, and not closer 

than 500 feet to any person, vehicle, or structure. ROWE requests an 
ROWE

9 Juniper	Unmanned	Inc.

exemption from this regulation to the extent necessary to permit 

ROWE to conduct its sUAS operations at altitudes lower than those 

permitted by 14 C.F.R. 91.119, since such altitudes are one of the key 

benefits of using sUAS for these flights. Even at these low altitudes, 

ROWE’s sUAS operations will be conducted at a level of safety at least 

equal to that which would be achieved by larger manned aircraft.

ROWE will make every reasonable effort to ensure that no 

unauthorized persons will be within the area of operation during flight, 

and will provide notice to adjacent buildings and furnish proctors as 

may be necessary to ensure that unauthorized persons do not come 

within the parameters in which the sUAS will be operated. Combined 

with the technological capabilities of the sUAS and that the sUAS will 

be operated within the visual line of sight of the pilot and observer, 

ROWE submits that its operational limitations provide an equivalent 

level of safety to that provided in 14 C.F.R. 91.119.

Public Interest

ROWE’s sUAS operations will substantially benefit public and private 

organizations which have an interest in gathering critical data and 

information to support their operations. Depending on the use-case, 

these scenarios may include:

The collection of survey data to assist in the construction of critical 

infrastructure such as, roads, bridges, utilities, schools, environmental 

remediation, construction monitoring, progress tracking, surveying, 

inspection, and infrastructure improvement. In these services ROWE

serves both private and public entities. 

The use of sUAS by ROWE would greatly decrease risk compared to 

large manned aircraft operations.
ROWE

10 Juniper	Unmanned	Inc.

Reasons Why Granting the Exemption would not Adversely 

Affect Safety

Throughout this Petition, ROWE has explained many reasons why 

granting an exemption from each section of the FAR from which relief 

is sought would result in sUAS operations that provide a level of safety 

at least equal to, or greater than, that provided by the rule from which 

exemption is sought. 

Moreover, the many conditions and limitations proposed in this 

Petition also ensure at least an equivalent level of safety, as the FAA 

concluded in the Trimble Exemption and the Astraeus Exemption. 

In general, the risks of any proposed sUAS operation interfering with a 

manned aircraft is minimized by the low altitude at which the sUAS 

will operate; the locations at which the sUAS will operate (e.g., Class 

G airspace, private or controlled access property, away from airports); 

the small size/low weight and relatively slow speed of the sUAS; the 

restriction of sUAS operations to VMC and daytime conditions; the 

requirement for the PIC to maintain VLOS of the sUAS at all times; 

and the condition to obtain a NOTAM before each sUAS flight; the 

considerations for non-participating persons or structures; the 

prohibition on flights over congested or densely populated areas, 

among other conditions and limitations. These parameters, conditions, 

and limitations proposed in the Petition provide substantial protection 

against interference with manned aircraft operations or with the safety 

of persons or property on the ground. In addition, under the proposed 

conditions and limitations stated above, ROWE will coordinate, as 

warranted, with the FAA, with local airports, and with property owners 

to ensure that all sUAS operations under the exemption are at least as 

safe as manned aircraft operations used for similar purposes.
ROWE

11 Juniper	Unmanned	Inc.

Summary for Federal Register

Should the FAA determine that publication of a summary is required, 

ROWE submits the following summary to be included in the Federal 

Register:

Rowe Professional Services Company, ROWE Professional Services 

Company dba Air Land Surveys and The Rowe Group, P.C. seek an 

exemption to operate the DJI Phantom 3 and Phantom 3 Professional, 

3DR X8-M, and Trimble ZX5 unmanned aircraft systems to perform 

aerial data collection for inspection, survey, photographic and video 

services.

Sincerely,

Rowe Professional Services Company, ROWE Professional Services 

Company dba Air Land Surveys and The Rowe Group, P.C.

Greg Lemke 

540 S. Saginaw St., Suite 200

Flint, MI 48502