# 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 ("FARs") to allow commercial operation ofits 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 ofa controlled environment, and the operations conducted upon the grant ofan 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 ofits construction sites. Approval ofthis exemption would thereby enhance safety and fulfill the Secretary ofTransportation's (the FAA Administrator's) responsibilities to "
.. .establish requirements for the safe operation ofsuch aircraft systems in the national airspace system. " Section 333(c) ofthe Reform Act. 

### I. Narne and Address ofPetitioner 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 offour motors and have the ability to li Page

# JUNEAU
CONSTRUCTION COMPANY 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 ofthe 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 ofa regulation prescribed under subsection (a) or (b) ofthis section or any sections 44702-44716 ofthis title ifthe 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) ofthe 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. Ifthe 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 ofthe Secretary in making this determination include: 1) Whether the sUAS operates within the visual line of sight ofthe operator, 2) The sUAS ' s size, weight, speed, and operational capability, and 3)


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# JUNEAU
CONSTRUCTION COMPANY Whether the UASs operate outside ofhighly 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 ofno 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 ofthe 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 ofthe rulemaking required under Section 332 ofthe Reform Act. By granting an exemption the FAA will fulfill Congress ' s intent ofallowing sUAS to operate with significant safety precautions in low risk environments. Falls are the number one source ofworker injuries and fatalities
. The use ofUASs on or within a site or facility can significantly reduce the risk to workers offalls 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 ofsmall aircraft that are many hundreds oftimes heavier
. 

### VI. Equivalent Level of Safety Petitioner proposes that ifthe 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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# JUNEAU
CONSTRUCTION COMPANY by a state, the District ofColombia, Puerto Rico, a territory, a possession, or the Federal government. The UAS will be in visual line ofsite (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 ofthe 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 ofthese 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 ofno more than 400 feet above ground level ("AGL"). 6. All flights will be completed within 20 minutes orprior to the battery reaching a level of 20% , whichever occurs first. 7
. UAS will be operated at a distance from participating buildings ofat 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 ofway 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 bythe 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 ofthe 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 ofthe UAS prior to the commencement ofany 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 beperformed in order to ensure proper functionality ofthe 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 orhire. Furthermore, an equivalent level ofsafety will be met by granting this exemption, as all flights are pre-planned


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# J JUNEAU
CONSTRUCTION COMPANY and take place in a controlled and restricted environment. Petitioner notes that the Administrator has granted relieffrom 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 offlight. The PIC ofthe 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 ofsafety will be achieved by granting this exemption. 

### 14 C.F.R. 91.119: Minimum Safe Altitudes Section 91.119 establishes safe altitudes for operation ofcivil 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-offand 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 ofsafety will be achieved given the size, weight, speed ofthe UAS as well as the location where it is operated. No flight will be taken without the permission ofthe property owner or local officials. Because ofthe advance notice to the property owner and any onsite personnel as outlined in the Manual , all affected individuals will be aware ofthe 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 ofthe UASs will ensure proper separation between UAS operations and the operations ofconventional 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 ofthe 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 maybe needed. An equivalent level ofsafety will be achieved by the operator, pursuant to the Manual and Safety Check list, confirming the altitude ofthe 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 ofits proposed operations within a predetermined area, a longer time frame for flight in daylight or VFR conditions is reasonable. 

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# JUNEAU
CONSTRUCTION COMPANY JCC believes that an exemption from 14 CFR §91.15l(a) falls within the scope ofprior 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 ofreserve fuel, does not engender the type ofrisks that Section 91
. 151 (a) was intended to alleviate given the size and speed ofthe UAS. An equivalent level ofsafety 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% ofbattery 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 ofthis part and shall between required inspections, except as provided in paragraph (c) ofthis section, have discrepancies repaired as prescribed in part 43 ofthis 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 ofany 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 oftime and always within the VLOS of the PIC, an equivalent level ofsafety 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 ofthe Reform Act have been effective for two years, the Petitioner also requests that ifthe FAA issues interim or final rules applicable to the operation ofany UAS included herein after the Petitioner receives a Grant ofExemption 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, ifpossible, this request for exemption be considered on an expedited basis.

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# J JUNEAU
CONSTRUCTION COMPANY 

### 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 Rul es: 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 ofprojects. The use ofUASs in the construction industry not only greatly reduces risk, but it also provides several benefits for the general public. The likelihood ofworkplace 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 ofsafety supporting the grant ofthe exemptions requested herein, including exempting the applicant from the requirements ofPart 21 and allowing commercial operations. 

### IX. Privacy All flights will occur over private or controlled access propert y with the property owner's prior consent and knowledge
. Images taken will be ofindividuals 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 ofthe criteria provided in Section 333 ofthe Reform Act regarding size, weight, speed, operating capabilities, proximity to airports and populated areas, operation within visual line ofsight, and national security, provide more than adequatejustification for the grant ofthe requested exemption allowing operation ofPetitioner's UAS to collect aerial data ofbuildings and construction sites.

Risk Management Analyst Juneau Construction Company, LLC 

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