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 Avenue, SW Washington, DC 20591

U.S. Department ofTransportation Docket Operations West Building Ground Floor, Room w12-140 1200 New JerseyAvenue, SE Washington, DC 20590

DearMr. 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 Kern Public Works Department respectfully requests an exemption from several provisions of Title 14 of the Code of Federal Regulations (C.P.R.), specifically portions of 14 C.P.R. Parts 45 and 91, to permit the use of our small Unmanned Aerial System (UAS), the Monarch, for use in aerial survey ofroads and landfills in remote and rural areas ofKern 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 ofthese 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 (LIDAR) data collection. Ifused for high-resolution photographs or LIDAR data, the Monarch stores the photographs and imagery data onboard and makes it available for download after completion ofthe 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 l4°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 of6.2 miles, and the 2.4 GHz backup antennahas a range of 1.4 miles.FAAModernization andReformActof2012, 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 bySection 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 oftheir size, weight, speed, operational capability, proximityto airports and populated areas, and operation within visual line ofsight do not create a hazard to the users ofthe national airspace system or the public, orpose a threat to national security". Ifa UAS meets the criterialaid forth in Section 333 (b), Section 333 (c) then gives the FAA the authority to decide if an airworthiness certification as specified byTitle 49 United States Code, Section 44704 is even required for operation. Section 333 (c) specifically states that the FAA can determine "whether a certificate ofwaiver, certificate ofauthorization, or airworthiness certification under section 44704 ofTitle 49, United States Code, is required for the operation ofunmanned 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 theUAS does notpose anyhazard orthreatto the NAS, public, and national security.

The primary function ofthe Monarch is to provide aerial imageryusing 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 ofKern Public Works Department to better serve the tax payers ofthe County ofKern. 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 ofthe approved site, never exceeding400 feet AGL. Ifonboard sensors detect a critical issue at any time, such as alowbattery state orloss ofGPS signal, the Monarch will immediatelyexecute 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 wouldpose aminimalhazardto the NAS orpublic.

TheMonarchwill only operate overrural roadways and landfills for thepurposeofcollecting aerial imagery. There are multiple rural sites overwhich 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 Kern will ensure all operations avoid overflight ofthese structures. In addition, there are no airports within 5 NM ofthe sites, meaning the operations are within FAA guidelines. Byoperating at low altitudes over county controlled facilities, the Monarch will pose no threat to individuals or structures on the ground and will remain well clearofany and all airtraffic.

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 beresponsible for ensuring that the Monarch remains within VLOS at all times and will also assistin spottingpotentialhazards.

The County of Kern Public Works Department has established the following operational limitations for Monarchflights overthe intended survey sites:

- Monarchflights are onlypermittedoverdesignated county controlledfacility's -TheMonarchwill operatebelow400 ft. AGL and notwithin 5NM ofan airport -TheMonarchwill operatewithin 1NM and within VLOS ofthePIC and SafetyObserver -The Safety Observerwillbe located next to the PIC and will ensurethe aircraft remains within VLOS and assist in spotting potential hazards, an additional observer shall be used in areas whereterrain dictates need -The Monarch will operate in accordance with Day Visual Flight Rules and only in Visual Meteorological Conditions duringdaylighthours

- Theduration ofeachMonarchFlight shall not exceed 25 minutes -Alltakeoffs and landings will occuron-site -Monarch flights will avoid direct overflight ofany office ormaintenancebuildings located onsite

- Monarch flights will be cancelled in the event that any aircraft or ground control station equipmentis found to beinoperative ornot fully functional -Ifthe 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 onlyresume afterthehazard is clearofthe area

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

- Only oneMonarchwill be airborne at any giventime 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 Kern 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 ofKern Public Works Department will also follow any guidance from the FAA in accordance with Sec 333 (c) which states that after determining ifUAS meets the criteria for safe operation that the FAA "shall [also] establishrequirements for the safe operation ofthe" UAS intheNAS.
Specific Sections of14 CFRfromwhich Kern CountyPublicWorks Seeks Exemption

Below are the sections from which The County of Kern Public Works Department seeks exemption, with specifics onthe extent ofreliefsought, reason for relief, and why exemption wouldnot adversely affect safety.

a. Part21 SubpartH- Airworthiness Certification

Part 21 Subpart H establishes the requirements for the issuance of an airworthiness certificate. The County ofKern Public Works Department seeks complete exemption from Part 21 Subpart H pursuant with Section 333, which authorizes the FAA to exempt a UAS from therequirements ofan airworthiness certificatebased on consideration ofthe following: size, weight, speed, and operational capability, proximityto airports and populated areas, and operationwithin VLOS.An equal level ofsafety will be achieved with the operational limitations established in this document for all County ofKern Public Works Department, Monarch flights. Specifically that all flights will occur within VLOS ofthe PIC and Safety Observe, at an altitude ofless 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 Kern Public Works Department's safety requirements and operating limitations, results in a safer alternative for aerial imagerycollection

.
b. 91.7 (a)- CivilAircraftAirworthiness

91.7 (a) states that "no person may operate a civil aircraft unless it is in an airworthy condition". County of Kern Public Works Department is already seeking exemption for airworthiness certificationand thus no FAA standard will exist for determining airworthiness. As a result County of Kern Public Works Department seeks full exemption from this regulation. CountyofKern PublicWorks Department will achieve an equal level ofsafetyby using Monarch User Manual and Inspection and Maintenance Requirements. Our documentation contains pre-flight protocols for each flight, safety checks, and comprehensivemaintenanceprocedures.

c. 91.9 (b)- CivilAircraftFlightManualin theAircraft

91.9 (b) states that no personmayoperate 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 ofcarrying 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 ofKern Public Works Department instead proposes that the Monarch User Manual and Justification ofAirworthiness 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 Observerfor reference.

d. 91.103- PreflightAction

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 takeoffand landing distances. Due to the fact that the Monarch has no FAA-approved flight manual County of Kern Public Works Department seeks exemption from this regulation. County ofKern Public Works Department proposes to use the Monarch User Manual and Justification ofAirworthiness Document in lieu ofan FAA-approved flight manual. These two Monarch publications have extensive pre-flight checklists that include reviewing weather, power/batteryrequirements, takeoffand landing, and aircraftperformance 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 ofsafety will be maintained by the PIC using these two publications, which addresses the items listed in 91.103.e. 91.119- Minimum SafeAltitude

91.119 establishes the minimum altitude that civil aircraft may safely operate at. 91.119 (c) specifically states that over "otherthan congested areas" a civil aircraft cannot operatebelow

an "altitude of500 feet above the surface, except over open water or sparselypopulated 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 ofthe Monarch is to fly at low altitudes over agricultural plots which can be categorized as "otherthan congested areas". Small UASs like the Monarch are, by design, flown at altitudes ofless than 400 feet AGL. County ofKern PublicWorks Departmenthas established operatinglimitations to achieve thehighest 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 Kern Public Works Department seeks exemption from this regulation. An equivalent level ofsafety 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 GPS 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 ofKern PublicWorks Department seeks exemptionfrom this regulation. An equal level ofsafetywill 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 ofthe GPS and barometer prior to operations. Ifat any time during flight there is a failure ofthe GPS or barometer, the Monarch will initiate an emergency procedure to return to its original takeofflocation. Byoperatingbelow 400 ft. AGL, the Monarch will not create ahazard to anymanned aircraft maintaining hemispheric cruising altitudes based on a current altimeter setting.

g. 91.151 (a)- FuelRequirements for Flightin 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. Ithas a maximum flight time of45 minutes on a fully charged battery. Compliance with the regulation would leave the Monarch less than 15 minutes offlight time. County ofKern 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 ofextra "fuel" does not exist with the Monarch. The Monarch does not have to return to a "landing point" but rather can be safelyput down anywhere overthe county controlledfacility.

An equal level ofsafety 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 mitigatedbythe fact that Monarchhas the abilityto land anywhere and at any giventime.h. 91.203 (a) & (b)- CivilAircraft: 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". CountyofKern Public Works Departmentis already seekingexemption 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 ofKern 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 mayrequire theinformation.
Granting an Exemption thatis 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 ofroadways, landfill and other county facilities. Using the Monarch in lieu ofa traditional manned, fixed wing aircraft will result in the overall reduction oflow-flying manned aircraft in the NAS, easing the burden on Air Traffic Controllers. Because the Monarch can take offand land onsite and operate at an altitude under 400 feet AGL within VLOS ofthe PIC, there is no need for ATC to provide coordination during ground movement, takeoff, departure, transit, arrival,

or landing phases offlight. As the skies over the United States get busier and busier, any efforts that ease the stress onthe AirTraffic Control systemis ofbenefitto thepublic.

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. ofaviation fuel perhour, pollutingthe air not onlyoverthe sitebut overthe path oftransit and around the airport. Conducting aerial imaging with the Monarch inlieu of

a manned aircraft would thus greatly reduce both air pollution and noise pollution, which is ofgreatbenefitto thepublic.
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 greaterpotential for damage to life and property in the event ofan 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 ofcollecting 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 ofsurveywork on aprojectbudget allowingthe projectto buildmorepublic facilities

oruse the funds saved to increase other services to thepublic.In accordance with the procedural requirements of 14 C.F.R. §11.81, County ofKern Public Works Departmentprovides the following informationregardingourpointofcontact:

Brian Blacklock, SupervisingEngineer CountyofKernPublicWorksDepartment 2700M Street BakersfieldCA, 93301 (661) 862-8881

Please contactmedirectlywithanyquestionsregardingthisrequestfor exemption.

CraigM. Pope, P.E. Director