JUNEAU 

CONSTRUCTION COMPANY 

October 19,2015 

U.S. Department ofTransportation, Docket Operations 

West Building Ground Floor, Room W 12-140 

1200 New Jersey Avenue, SE 

Washington, DC 20590 

Re: Section 333 Exemption Request 

Dear Sir or Madam: 

Pursuant to Section 333 ofthe FAA Modernization and Reform Act of2012 (the Reform Act) 

and 14 C.F.R. Part 11 , Juneau Construction Company, LLC ("JCC"), a general contracting/construction 

management company, hereby applies for an exemption from the listed Federal Aviation Regulations 

("F ARs") to allow commercial operation of its Unmanned Aircraft Systems ("UASs") for aerial data 

collection activities. These activities will be utilized for aerial photography, safety and quality control 

inspections, and site mapping/layout coordination. All construction sites will be part of a controlled 

environment, and the operations conducted upon the grant of an exemption will conform to the 

conditions outlined herein and as are required by Section 333 and the FAA. 

As detailed in this document and the attached Flight Manuals, the requested exemption would 

permit the operation ofUASs under controlled conditions. All corresponding airspace will be controlled 

as to access, limited, determined prior to flight, and will provide safety enhancements to the pre-existing 

safety protocols and practices followed by JCC at each one of its construction sites. Approval of this 

exemption would thereby enhance safety and fulfill the Secretary ofTransportation's (the FAA 

Administrator's) responsibilities to " ... establish requirements for the safe operation of such aircraft 

systems in the national airspace system." Section 333(c) of the Reform Act. 

I. N arne and Address of Petitioner 

Juneau Construction Company, LLC 

3715 Northside Pkwy, NW 

Building 300, Suite 500 

Atlanta, GA 30327 

t: 404.287.6000 

e: jmathis@juneaucc.com 

II. Unmanned Aircraft System 

JCC seeks an exemption to operate the DJI Phantom and DJI Inspire 1 at its construction sites. 

Proposed UASs each weigh less than 10 pounds, including payload, and carry no flammable 

liquid fuels or explosive materials. Both UASs consist of four motors and have the ability to 

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hover and move along a vertical and horizontal plane simultaneously. Additionally, JCC has 

attached the applicable operational documents ("Manuals") as attachments to this exemption 

request. 

III. Regulations From Which the Exemption is Requested: 

14 C.F.R. Part 21 

14 C.F.R. 45.23 (b) 

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

14 C.F.R. 61.101 (e) (4) (5) 

14 C.F.R. 61.23 (a) (c) 

14 C.F.R. 61.315 (a) 

14 C.F.R. 91.7 (a) 

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

14 C.F.R. 91.103 

14 C.F.R. 91.109 

14 C.F.R. 91.119 

14 C.F.R. 91.121 

14 C.F.R. 91.151 (a) 

14 C.F.R. 91.203 (a) & (b) 

14 C.F.R. 91.405 (a) 

14 C.F.R. 91.407 (a) (1) 

14 C.F.R. 91.409 (a) (2) 

14 C.F.R. 91.417 (a) & (b) 

IV. Statutory Authority for Exemptions 

The Federal Aviation Act expressly grants the FAA authority to issue exemptions. This statutory 

authority includes exempting civil aircraft, as the term is defined under §40101 of the Act, 

including UASs, from the requirement that all civil aircraft must have a current airworthiness 

certificate. 

The Administrator may grant an exemption from a requirement of a regulation prescribed under 

subsection (a) or (b) of this section or any sections 44702-44716 of this title if the Administrator 

finds the exemption in the public interest. 49 U.S.C. §44701(£) See also 49 USC §44711(a); 49 

USC §44704; 14 CFR §91.203(a) (1). 

Section 333(b) of the Reform Act assists the Secretary in determining whether sUAS may 

operate in the National Airspace System (NAS) without creating a hazard to the user, the public, 

or a threat to national security. If the Secretary determines that a sUAS "may operate safely in 

the national airspace system, the Secretary shall establish requirements for the safe operation of 

such aircraft in the national airspace system." ld. §333(c). Prime considerations of the Secretary 

in making this determination include: 1) Whether the sUAS operates within the visual line of 

sight of the operator, 2) The sUAS's size, weight, speed, and operational capability, and 3) 

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Whether the UASs operate outside of highly populated areas and away from close proximity to 

airports. 

JCC's UASs are multirotor vehicles, weighing 10 or fewer lbs., including payload. They operate 

under normal conditions at a speed of no more than 50 knots and have the capability to hover, 

and move in the vertical and horizontal plane simultaneously. The UASs will operate only in the 

Pilot's visual line-of-sight (VLOS) at all times and will operate only within the sterile areas 

described without this document and the attached Manuals. Such operations will insure that the 

sUAS will "not create a hazard to users of the national airspace system or the public." Reform 

Act Section 333 (b). 

V. Public Interest Benefits 

This exemption application is expressly submitted to fulfill Congress' goal in passing Section 

333(a) through (c) ofthe Reform Act. This law directs the Secretary ofTransportation to 

consider whether certain unmanned aircraft systems may operate safely in the NAS before 

completion of the rulemaking required under Section 332 of the Reform Act. By granting an 

exemption the FAA will fulfill Congress's intent of allowing sUAS to operate with significant 

safety precautions in low risk environments. 

Falls are the number one source of worker injuries and fatalities. The use ofUASs on or within a 

site or facility can significantly reduce the risk to workers of falls while inspecting, surveying, or 

monitoring site progress. UASs can inspect, photograph, and collect data on hard to get to areas 

that otherwise would require worker inspection or are inaccessible. Reducing falls through the 

use ofUASs for site imaging could save workers lives. 

Additionally, UASs could replace the use ofhelicopters and small aircraft to monitor sites. The 

UASs we propose to fly in this application are under ten pounds, and carry no combustible 

material on board, as opposed to the much larger conventionally powered small aircraft. Shifting 

to UASs from helicopters and other manned aircraft presents a marked safety increase for our 

workers and the public. 

Lastly, UASs reduce the environmental impact by dramatically decreasing the energy used for 

aerial data collection over a site or facility. The proposed UASs use rechargeable lithium ion 

batteries, as opposed to fossil fuels burned in operation of small aircraft that are many hundreds 

oftimes heavier. 

VI. Equivalent Level of Safety 

Petitioner proposes that if the requested exemptions are granted, it will operate the UAS under 

the following conditions: 

1. UAS operations will be conducted by a Pilot in Command (PIC). The PIC shall hold an 

airline transport, commercial, private, recreational, or sport pilot certificate. The PIC will 

also hold a current FAA airman medical certificate or a valid U.S. driver's license issued 

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by a state, the District of Colombia, Puerto Rico, a territory, a possession, or the Federal 

government. The UAS will be in visual line of site (VLOS) ofthe PIC at all times. 

2. All UAS operations will take place with a visual observer ("VO") on site. The VO will 

not perform any other duties beyond assisting the PIC with seeing and avoiding air traffic 

and other ground-based obstacles/obstructions. The VO will be within earshot of the PIC 

at all times and will assist the PIC in avoiding air traffic and other obstacles. 

3. The PIC and the VO will have obtained all necessary qualifications, and a copy of these 

certifications will be kept on file by JCC. 

4. UAS will not be flown at ground speeds exceeding 100 mph. 

5. Flights will be operated at an altitude of no more than 400 feet above ground level 

("AGL"). 

6. All flights will be completed within 20 minutes or prior to the battery reaching a level of 

20%, whichever occurs first. 

7. U AS will be operated at a distance from participating buildings of at least 1 0 feet. 

Operations will be conducted at least 500 feet from nonparticipating persons or buildings, 

unless barriers are in place to provide adequate protection. 

8. The UAS will abort the flight in the event ofunpredicted obstacles or emergencies in 

accordance with the attached Manual. 

9. The UAS will remain clear and yield the right of way to all other manned operations and 

activities at all times. 

10. UAS operations will not be conducted during night. 

11. The UAS will not be operated by the PIC from any moving device or vehicle. 

12. The UAS will not be operated less than 500 feet below or less than 2,000 feet 

horizontally from a cloud or when visibility is less than 3 statute miles from the PIC. 

13. Any incident, accident, or flight operation that transgresses the lateral or vertical 

boundaries of the operational area as defined by the applicable COA will be reported to 

the FAA's UAS Integration Office (AFS-80) within 24 hours. Accidents will be reported 

to the National Transportation Safety Board (NTSB). 

14. The PIC will conduct an inspection of the UAS prior to the commencement of any flight 

and will perform all repairs as necessary and in accordance with the attached Manuals. 

15. All flights will take place over private or controlled-access property with permission from 

the owner or authorized representative. 

16. All maintenance and alterations will be properly documented in the corresponding 

maintenance log, and a flight test will be performed in order to ensure proper 

functionality of the UAS. 

VII. Description of Specific Regulations and Justifications for Exemption: 

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

Sections 61.113 (a) & (b) restrict private pilots to non-commercial operations. Exemption is 

requested from this section, as all flights conducted by JCC are only incidental to JCC, and the 

aircraft will not carry passengers or property for compensation or hire. Furthermore, an 

equivalent level of safety will be met by granting this exemption, as all flights are pre-planned 

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and take place in a controlled and restricted environment. Petitioner notes that the Administrator 

has granted relief from this section in previous exemptions. 

14 C.F.R. 91.103: Preflight Action 

This regulation requires each pilot in command take certain actions before flight to ensure the 

safety of flight. The PIC of the UAS will perform a standard pre-flight checklist, which includes 

monitoring weather conditions, battery levels, and other actions as outlined in the attached 

Manual. Thus, an equivalent level of safety will be achieved by granting this exemption. 

14 C.F.R. 91.119: Minimum Safe Altitudes 

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.199( d) allows 

helicopters to be operated at less than the minimum prescribed, provided the person operating the 

helicopter complies with any route or altitudes prescribed for helicopters by the FAA. This 

exemption is for a multirotor craft that flies similarly to a helicopter with vertical take-off and 

vertical landing. The Proposed UASs will not operate at an altitude higher than 400 AGL and or 

in a restricted area. Please see attached DJI User Manuals. 

The equivalent level of safety will be achieved given the size, weight, speed of the UAS as well 

as the location where it is operated. No flight will be taken without the permission of the 

property owner or local officials. Because of the advance notice to the property owner and any 

onsite personnel as outlined in the Manual, all affected individuals will be aware of the planned 

flight operations. Unlike flight operations with aircraft or rotorcraft weighing far more than the 

maximum 10 lbs. proposed herein, our UASs will not carry flammable fuel. In addition, the lowaltitude operations of the UASs will ensure proper separation between UAS operations and the 

operations of conventional aircraft that must comply with Section 91.119. 

14 C.F.R. 91.121: Altimeter Settings 

This regulation requires each person operating an aircraft to maintain cruising altitude by 

reference to an altimeter that is set " ... to the elevation of the departure airport or an appropriate 

altimeter setting available before departure." As the sUAS may not have a barometric altimeter, 

but instead a GPS altitude read out, an exemption may be needed. An equivalent level of safety 

will be achieved by the operator, pursuant to the Manual and Safety Check list, confirming the 

altitude of the launch site shown on the GPS altitude indicator before flight. 

14 CFR 91.151 (a): Fuel requirements for flight in VFR conditions 

Section 91.151 (a) outlines fuel requirements for beginning a flight in VFR conditions. Our 

sUAS is limited to operations in sterile and controlled environments as outlined in the Manual, 

and has a limited range and flight time which require an exemption from 14 CFR 91.151 (a). 

Given the limitations on the VAS's proposed flight area and the location of its proposed 

operations within a predetermined area, a longer time frame for flight in daylight or VFR 

conditions is reasonable. 

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JCC believes that an exemption from 14 CFR §91.15l(a) falls within the scope of prior 

exemptions. See Exemption 10673 (allowing Lockheed Martin Corporation to operate without 

compliance with CFR 91.151 (a)). Operating the UAS in a tightly controlled area, with less than 

30 minutes of reserve fuel, does not engender the type of risks that Section 91 .151 (a) was 

intended to alleviate given the size and speed of the UAS. 

An equivalent level of safety can be achieved by limiting flights to 20 minutes, or enough battery 

reserve to ensure that the UAS lands at the ground station with at least 20% of battery power (as 

determined by the onboard monitoring system and the PIC), whichever occurs first. This 

restriction would be more than adequate to return the UAS to its planned landing zone from 

anywhere in its limited operating area. 

Similar exemptions have been granted to other operations, including Exemptions 2689F, 5745, 

10673, and 10808. 

14 CFR 91.405 (a); 407 (a)(1); 409 (a)(2); 417 (a) & (b): Maintenance inspections 

These regulations require that an aircraft operator or owner "shall have that aircraft inspected as 

prescribed in subpart E of this part and shall between required inspections, except as provided in 

paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this 

chapter. .. ," and others shall inspect or maintain the aircraft in compliance with Part 43. 

These sections only apply to aircraft with an airworthiness certificate, and will therefore not 

apply to JCC. Maintenance will be performed as outlined within this document and the attached 

Manual. Prior to commencing any flight, the PIC will confirm that the UAS is in proper working 

order and all maintenance has been performed. Additionally, a log will be kept of any 

maintenance that has taken place. Due to the fact that the UAS is small, carries a minimal 

payload, and will only be operated for a limited amount of time and always within the VLOS of 

the PIC, an equivalent level of safety will certainly be achieved. 

Additional Relief 

In addition to the exemptions listed above, the Petitioner requests exemption from such other 

rules and regulations as the FAA deems appropriate to enable the operations described herein. 

Since previous exemptions granted under Section 333 of the Reform Act have been effective for 

two years, the Petitioner also requests that if the FAA issues interim or final rules applicable to 

the operation of any UAS included herein after the Petitioner receives a Grant of Exemption that 

any conditions and limitations required in such Grant that are more burdensome than the new 

regulation be appropriately modified or removed. 

Expedited Process 

Given that this exemption is similar to those that have already been granted, Petitioner requests 

that, if possible, this request for exemption be considered on an expedited basis. 

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VIII. Summary to be Published in Federal Register 

Pursuant to 14 C.F.R. Part 11 , the following summary is provided for publication in the Federal 

Register, should it be determined that publication is needed: 

Petitioner: Juneau Construction Company, LLC 

Petitioner Seeks Exemption/rom the Following Rules: 14 C.F.R. §21, subpart H; 14 C.F.R 

45.23(b);14 C.F.R. §§ 61.113( a) & (b);91.7(a); 91.9 (b) (2);91.103(b);9l.109; 91.119; 91.121 ; 

91.151 (a);91.203(a) and (b); 91.405 (a); 91.407 (a) (1 ); 91.409 (a) (2); 91.409 (a) (2) and 91.417 

(a) & (b) to perform aerial data collection ofbuildings and construction sites in order to provide 

more details about the status and operations of projects. 

The use ofUASs in the construction industry not only greatly reduces risk, but it also provides 

several benefits for the general public. The likelihood of workplace slip and falls, as well as the 

risks associated with manned aircraft flights are both significantly reduced, through the use of 

UASs. The operation ofUASs conducted in the manner outlined above and within the attached 

Manuals will provide an equivalent level of safety supporting the grant of the exemptions 

requested herein, including exempting the applicant from the requirements of Part 21 and 

allowing commercial operations. 

IX. Privacy 

All flights will occur over private or controlled access property with the property owner's prior 

consent and knowledge. Images taken will be of individuals who have also consented to being 

filmed or otherwise have agreed to be in the area where aerial photography will take place. 

X. Conclusion 

Satisfaction of the criteria provided in Section 333 ofthe Reform Act regarding size, weight, 

speed, operating capabilities, proximity to airports and populated areas, operation within visual 

line of sight, and national security, provide more than adequate justification for the grant of the 

requested exemption allowing operation of Petitioner's UAS to collect aerial data ofbuildings 

and construction sites. 

Risk Management Analyst 

Juneau Construction Company, LLC 

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