KERN COUNTY 

PUBLIC WORKS DEPARTMENT 

CRAIG M. POPE, P.E., DIRECTOR 

ADMINISTRATION & ACCOUNTING 

OPERA T/ONS & MAINTENANCE 

BUILDING & DEVELOPMENT 

ENGINEERING 

Mr. James Williams 

Manager, Flight Standards Service 

Unmanned Aircraft Systems Integration Office 

Federal Aviation Administration 

800 Independence A venue, SW 

Washington, DC 20591 

U.S. Department of Transportation 

Docket Operations 

West Building Ground Floor, Room w12-140 

1200 New Jersey Avenue, SE 

Washington, DC 20590 

Dear Mr. Williams, 

2700 "M" STREET 

BAKERSFIELD, CA 93301-2370 

Phone: (661) 862-8850 

FAX: (661) 862-8905 

Toll Free: (800) 552-5376 Option 5 

TTY Relay: (800) 735-2929 

July 1, 2015 

The County of Kem Public Works Department respectfully requests an exemption from 

several provisions of Title 14 of the Code of Federal Regulations (C.F.R.), specifically 

portions of 14 C.F.R. Parts 45 and 91, to permit the use of our small Unmanned Aerial 

System (UAS), the Monarch, for use in aerial survey of roads and landfills in remote and 

rural areas of Kem County. Granting an exemption is consistent with Congress' intent, as 

reflected in Section 333 of the FAA Modernization and Reform Act of 2013, that safe 

systems be permitted in the National Airspace (NAS) prior to the issuance of final 

regulations governing general use of these small unmanned aerial systems. 

The Monarch, is an all-environment, electric-powered, self-launched, small multirotor UAS 

that, depending on its payload, is capable of collecting airborne images and location 

information to a Ground Control Station (GCS). It can also conduct high-resolution 

photogrammetry or perform Light Detection and Ranging (LID AR) data collection. If used 

for high-resolution photographs or LIDAR data, the Monarch stores the photographs and 

imagery data onboard and makes it available for download after completion of the flight. The 

Monarch has a maximum weight of 15 pounds and a diameter of 51.5 inches, with a 

maximum cruising speed of 15mph. It is battery powered, has a maximum flight time 

between twenty (20) and twenty five (25) minutes, and can operate in temperatures ranging 

from 14°F to 122°F. The Monarch has two Omni-directional antennas, a primary and a 

redundant backup. The primary 9.5 MHz antenna has a range of 6.2 miles, and the 2.4 GHz 

backup antenna has a range of 1.4 miles. 
FAA Modernization and Reform Act of 2012, Section 333 

Section 333 (a) states that the FAA "shall determine if certain unmanned aircraft systems 

may operate safely in the national airspace system before completion of the plan and 

rulemaking required by Section 332". Section 333 (b) then lists several factors that should be 

considered in determining which UASs would be eligible for expedited integration into the 

National Airspace System (NAS). Specifically UASs that "as a result of their size, weight, 

speed, operational capability, proximity to airports and populated areas, and operation within 

visual line of sight do not create a hazard to the users of the national airspace system or the 

public, or pose a threat to national security". If a UAS meets the criteria laid forth in Section 

333 (b), Section 333 (c) then gives the FAA the authority to decide if an airworthiness 

certification as specified by Title 49 United States Code, Section 44704 is even required for 

operation. Section 333 (c) specifically states that the FAA can determine "whether a 

certificate of waiver, certificate of authorization, or airworthiness certification under section 

44704 of Title 49, United States Code, is required for the operation of unmanned aircraft 

systems". Thus, the FAA has the ability to allow a UAS that meets the criteria put forth in 

Section 333 (b) to operate within the NAS without an airworthiness certification as long as 

the UAS does not pose any hazard or threat to the NAS, public, and national security. 

The primary function of the Monarch is to provide aerial imagery using interchangeable georeference still/video cameras. High-resolution data generated from these cameras offers a 

wide range of applications in aerial survey. The resulting imagery data, along with postprocessing data analytics, provides county engineers with topographic data used for various 

types of road and landfill projects. This data is acquired faster and at a lower cost than 

standard survey methods. This provides a substantial savings in survey related costs, 

allowing the County of Kem Public Works Department to better serve the tax payers of the 

County of Kem. The Monarch can fly by remote control or autonomously with advanced 

mission planning, and is launched on-the-spot with no requirement for a runway. Once 

airborne, the Monarch will fly at an altitude less than 400 feet Above Ground Level (AGL) 

over the designated plot. Prior to flight, the Pilot in Command (PIC) sets a designated flight 

area and flight parameters to ensure that the Monarch will remain within the confines of the 

approved site, never exceeding 400 feet AGL. If onboard sensors detect a critical issue at any 

time, such as a low battery state or loss of GPS signal, the Monarch will immediately execute 

pre-programmed safety procedures and automatically return to the launch site. The 

Monarch's small operational footprint and built-in safety protocol provide a much safer 

alternative for aerial survey and would pose a minimal hazard to the NAS or public. 

The Monarch will only operate over rural roadways and landfills for the purpose of collecting 

aerial imagery. There are multiple rural sites over which the Monarch will be flown. All sites 

are county maintained roads, county owned landfills or other county owned property. There 

are a few residential buildings located near roadways and small office and maintenance 

buildings located at the landfills and The County of Kem will ensure all operations avoid 

overflight of these structures. In addition, there are no airports within 5 NM of the sites, 

meaning the operations are within FAA guidelines. By operating at low altitudes over county 

controlled facilities, the Monarch will pose no threat to individuals or structures on the 

ground and will remain well clear of any and all air traffic. 

The Monarch will be flown in accordance with day Visual Flight Rules (VFR) and only in 

Visual Meteorological Conditions (VMC) during day-light hours. The Monarch will operate 

within 1 NM and Visual Line of Sight (VLOS) of the PIC (and the Safety Observer 

positioned next to the PIC) at an altitude 400 feet AGL or less. The Safety Observer will be 
responsible for ensuring that the Monarch remains within VLOS at all times and will also 

assist in spotting potential hazards. 

The County of Kem Public Works Department has established the following operational 

limitations for Monarch flights over the intended survey sites: 

- Monarch flights are only permitted over designated county controlled facility's 

- The Monarch will operate below 400 ft. AGL and not within 5 NM of an airport 

-The Monarch will operate within 1 NM and within VLOS of the PIC and Safety Observer 

-The Safety Observer will be located next to the PIC and will ensure the aircraft remains within 

VLOS and assist in spotting potential hazards, an additional observer shall be used in areas 

where terrain dictates need 

- The Monarch will operate in accordance with Day Visual Flight Rules and only in Visual 

Meteorological Conditions during daylight hours 

- The duration of each Monarch Flight shall not exceed 25 minutes 

-All takeoffs and landings will occur on-site 

- Monarch flights will avoid direct overflight of any office or maintenance buildings located onsite 

- Monarch flights will be cancelled in the event that any aircraft or ground control station 

equipment is found to be inoperative or not fully functional 

- If the PIC or Safety Observer spot a potential hazard, such as a manned aircraft within close 

proximity to the designated flight area, the PIC will immediately land the Monarch and 

operations will only resume after the hazard is clear of the area 

- All Monarch maintenance will be accomplished in accordance with the Monarch Inspection 

and Maintenance Requirements 

- Only one Monarch will be airborne at any given time for each designated site 

- The PIC will file a NOT AM for Monarch flights at each site, providing at a mm1mum 

radial/DME, radius, and a date/time group 

The County of Kem Public Works Department will be bound by these limitations for 

commercial flights after FAA approval of the exemptions laid forth in this petition. The 

County of Kem Public Works Department will also follow any guidance from the FAA in 

accordance with Sec 333 (c) which states that after determining if UAS meets the criteria for 

safe operation that the FAA "shall [also] establish requirements for the safe operation of the" 

UAS in the NAS. 

Specific Sections of 14 CFR from which Kern County Public Works Seeks Exemption 

Below are the sections from which The County of Kem Public Works Department seeks 

exemption, with specifics on the extent of relief sought, reason for relief, and why exemption 

would not adversely affect safety. 

a. Part 21 Subpart H-Airworthiness Certification 

Part 21 Subpart H establishes the requirements for the issuance of an airworthiness 

certificate. The County of Kem Public Works Department seeks complete exemption from 

Part 21 Subpart H pursuant with Section 333, which authorizes the FAA to exempt a UAS 

from the requirements of an airworthiness certificate based on consideration of the following: 

size, weight, speed, and operational capability, proximity to airports and populated areas, and 

operation within VLOS. 
An equal level of safety will be achieved with the operational limitations established in this 

document for all County of Kem Public Works Department, Monarch flights. Specifically 

that all flights will occur within VLOS of the PIC and Safety Observe, at an altitude of less 

than 400 ft. AGL, and only over designated county controlled facilities. As a result the 

Monarch can safely operate without creating a hazard to any other aircraft, people, or 

structures on the ground. The combination of the Monarch's safe operational history in 

United States and small, lightweight design, in conjunction with County of Kem Public 

Works Department's safety requirements and operating limitations, results in a safer 

alternative for aerial imagery collection. 

b. 91.7 (a) - Civil Aircraft Airworthiness 

91.7 (a) states that "no person may operate a civil aircraft unless it is in an airworthy 

condition". County of Kem Public Works Department is already seeking exemption for 

airworthiness certification and thus no FAA standard will exist for determining airworthiness. 

As a result County of Kem Public Works Department seeks full exemption from this 

regulation. County of Kem Public Works Department will achieve an equal level of safety by 

using Monarch User Manual and Inspection and Maintenance Requirements. Our 

documentation contains pre-flight protocols for each flight, safety checks, and 

comprehensive maintenance procedures. 

c. 91.9 (b)- Civil Aircraft Flight Manual in the Aircraft 

91.9 (b) states that no person may operate an aircraft unless there is a current approved flight 

manual for the aircraft onboard. The Monarch's small and lightweight design is not 

physically capable of carrying an aircraft flight manual onboard. In addition, the Monarch is 

unmanned, and the PIC is located at the ground control station. Monarch Inc. thus seeks 

exemption from the requirement to carry the aircraft flight manual onboard. County of Kem 

Public Works Department instead proposes that the Monarch User Manual and Justification 

of Airworthiness Document, which contain information normally found in an aircraft flight 

manual, be kept at the ground control station where it is readily assessable to the PIC and 

Safety Observer for reference. 

d. 91.103 - Preflight Action 

91.103 requires that the PIC be familiar with specific information before each flight such as 

weather, forecast, and fuel requirements. In addition to this the PIC must be familiar with 

information found within the approved flight manual relating to aircraft performance and 

takeoff and landing distances. Due to the fact that the Monarch has no FAA-approved flight 

manual County of Kem Public Works Department seeks exemption from this regulation. 

County of Kem Public Works Department proposes to use the Monarch User Manual and 

Justification of Airworthiness Document in lieu of an FAA-approved flight manual. These 

two Monarch publications have extensive pre-flight checklists that include reviewing 

weather, power/battery requirements, takeoff and landing, and aircraft performance data. The 

information found in the Monarch User Manual and Justification for Airworthiness 

Document is comparable to the information found in a FAA-approved flight manual, to 

include a comprehensive step-by-step pre-flight checklist. As a result an equal level of safety 

will be maintained by the PIC using these two publications, which addresses the items listed 

in 91.103. 
e. 91.119 - Minimum Safe Altitude 

91.119 establishes the minimum altitude that civil aircraft may safely operate at. 91.119 (c) 

specifically states that over "other than congested areas" a civil aircraft cannot operate below 

an "altitude of 500 feet above the surface, except over open water or sparsely populated areas 

(and) in those cases, the aircraft may not be operated closer than 500 feet to any person, 

vessel, vehicle, or structure". The sole function of the Monarch is to fly at low altitudes over 

agricultural plots which can be categorized as "other than congested areas". Small UASs like 

the Monarch are, by design, flown at altitudes of less than 400 feet AGL. County of Kem 

Public Works Department has established operating limitations to achieve the highest level of 

safety, specifically that the Monarch will not operate above 400 feet AGL and that the 

Monarch will remain within VLOS of the PIC and Safety Observer. For these reasons 

County of Kem Public Works Department seeks exemption from this regulation. An 

equivalent level of safety will be maintained by only operating the Monarch over designated 

farming sites. 

f. 91.121-Altimeter Settings 

91.121 requires aircraft to maintain a cruising level or flight level in reference to a current 

reported altimeter setting. The Monarch is not equipped with a programmable altimeter but 

rather determines location and altitude via an onboard OPS and barometer. Since the 

Monarch will be operating below 400 ft. AGL, there is no need to maintain hemispherical 

cruising altitudes for de-confliction with manned aircraft. For these reasons County of Kem 

Public Works Department seeks exemption from this regulation. An equal level of safety will 

be achieved through the Monarch's GPS and barometer, which provide altitude and location 

data to the PIC via the ground control station. An automatic pre-flight test is done to verify 

functionality of the OPS and barometer prior to operations. If at any time during flight there 

is a failure of the OPS or barometer, the Monarch will initiate an emergency procedure to 

return to its original takeoff location. By operating below 400 ft. AGL, the Monarch will not 

create a hazard to any manned aircraft maintaining hemispheric cruising altitudes based on a 

current altimeter setting. 

g. 91.151 (a) - Fuel Requirements for Flight in VFR Conditions 

91.151 (a) states that no person may begin a flight in Day VFR conditions unless there is 

enough fuel to fly to the intended landing point and fly for 30 minutes after that point is 

reached. The Monarch is battery operated and does not carry fuel. It has a maximum flight 

time of 45 minutes on a fully charged battery. Compliance with the regulation would leave 

the Monarch less than 15 minutes of flight time. County of Kem Public Works Department 

seeks full exemption from this regulation due to the fact that the risk or danger associated 

with failing to reach a safe landing point with 30 minutes of extra "fuel" does not exist with 

the Monarch. The Monarch does not have to return to a "landing point" but rather can be 

safely put down anywhere over the county controlled facility. 

An equal level of safety will be maintained simply by the fact that the Monarch is designed 

to safely land anywhere over the County controlled facility in the event that the battery is 

exhausted. Any risk associated with battery duration (fuel) in relationship to flight time is 

mitigated by the fact that Monarch has the ability to land anywhere and at any given time. 
h. 91.203 (a) & (b)- Civil Aircraft: Certifications Requirements 

91.203 requires all civil aircraft to have "within it ... an appropriate and current airworthiness 

certificate" that must be "displayed at the cabin or cockpit entrance so that is legible to 

passengers or crew". County of Kem Public Works Department is already seeking exemption 

from the airworthiness certificate regulation and thus requires an exemption from this 

regulation. In addition the Monarch due to its size and design has no cabin or cockpit, and 

therefore does not have the ability to affix or carry certification or registration documents. 

Furthermore the Monarch does not carry any passengers or crew for whom the certificate is 

required to be displayed. County of Kem Public Works Department proposes that any FAArequired documents be kept at the ground control station and that a small placard be affixed 

to the Monarch airframe with manufacture, registration, and contact information. An equal 

level of safety will be achieved by having any FAA-required documents located at the 

ground control station where it will be readily accessible to the PIC and any other agencies 

that may require the information. 

Granting an Exemption that is in the Public Interest 

The Monarch is a safe, efficient, and an economical alternative to manned, fixed-wing 

aircraft that are currently being used to conduct aerial imaging and surveying of roadways, 

landfill and other county facilities. Using the Monarch in lieu of a traditional manned, fixed 

wing aircraft will result in the overall reduction of low-flying manned aircraft in the NAS, 

easing the burden on Air Traffic Controllers. Because the Monarch can take off and land onsite and operate at an altitude under 400 feet AGL within VLOS of the PIC, there is no need 

for A TC to provide coordination during ground movement, takeoff, departure, transit, arrival, 

or landing phases of flight. As the skies over the United States get busier and busier, any 

efforts that ease the stress on the Air Traffic Control system is of benefit to the public. 

The Monarch is electrically powered, which decreases air pollution and noise. The electric 

motor will be exponentially quieter than a twin-engine combustion motor on passenger 

aircraft typically used to conduct aerial imaging and surveying. A manned aircraft typically 

bums 20-30 lbs. of aviation fuel per hour, polluting the air not only over the site but over the 

path of transit and around the airport. Conducting aerial imaging with the Monarch in lieu of 

a manned aircraft would thus greatly reduce both air pollution and noise pollution, which is 

of great benefit to the public. 

Using the Monarch would also greatly reduce risk to life and property on the ground. The 

Monarch's small size, reduced weight, and foam cocoon pose little hazard to people or 

structures on the ground as compared to a manned twin engine aircraft, which has a much 

greater potential for damage to life and property in the event of an accident. The Monarch is 

unmanned and as a result poses no risk associated with piloting an aircraft. Overall the 

Monarch provides a much safer alternative to manned, fixed-wing aircraft operations for the 

purpose of collecting aerial imagery. 

Lastly using the Monarch to provide aerial imagery for photogrammetry will result in a 

significant cost savings over traditional survey methods. This cost savings will decrease the 

impact of survey work on a project budget allowing the project to build more public facilities 

or use the funds saved to increase other services to the public. 
In accordance with the procedural requirements of 14 C.F .R. § 11.81, County of Kem Public 

Works Department provides the following information regarding our point of contact: 

Brian Blacklock, Supervising Engineer 

County of Kem Public Works Department 

2700 M Street 

Bakersfield CA, 93301 

(661) 862-8881 

Please contact me directly with any questions regarding this request for exemption. 

Craig M. Pope, P .E. 

Director