1 Juniper Unmanned Inc.

**Name of Applicant:** KC Development dba KCD LLC Cindy Halcumb 2407 NE 292 nd Avenue (Mailing Box 398) Camas, WA 98607 360

- 834

- 2519 cindy@kcdevelopment.net

**Submitted by:** Juniper Unmanned Attn: Matt Tompkins 3490 Parfet St. Wheat Ridge, CO 80033 Phone: 303

- 406

- 3312, 303

- 929

- 3726 matt.tompkins@juniperunmanned.com

Re: Petition for Exemption of KC Development dba KCD LLC, under Section 333 of the FAA Mod ernization and Reform Act, 49 U.S.C. 44701(±), and 14 Part 11

.2 Juniper Unmanned Inc.



## Table of Contents **Request ................................**  **................................ ................................**  **............ 3**  **Background Information on the Petitio ner**  **................................ ...................**  **3 Conditions and Limitations**  **................................ ................................**  **............. 3**  **Proposed Operations ................................**  **................................ .......................**  **4 Exempti**  **ons Requested ................................**  **................................ ...................**  **5 14 C.F.R. Part 21 Part H and 91.7(a)**  **................................ .............................**  **5 91.405(a), 91.407(a)(1), 91.409(a)(1)(2),91.417(a)(b)**  **............................ 6**  **14 C.F.R. 45.23 (b) ................................**  **................................ ..........................**  **6 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**  **Reasons Why Granting the Exemption would not Adversely Affect Safety 9**  **Summary for Federal Register ................................**  **................................ .....**  **10**3 Juniper Unmanned Inc.

**Request** On behalf of KC Development, 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 KC Development to operate the: Trimble Navigation Ltd ZX5
**Background Information on the Petitioner** KC Development is a full service land surveyi ng and planning family business serving Oregon and Washington with a personal commitment to excellence. KC Development has provided professional surveying services for over 19 years to a wide variety of public and private clients. Through extensive exper ience within a broad diversity of projects, KC Development has proven to be professional, reliable and precise.
**Conditions and Limitations** The small sUAS operations proposed in this petition will be subject to the following conditions and limitations. Ea ch 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) (“Astra eus Exemption”); Exemption No. 11109 (Docket FAA

- 2014

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

- 2014

- 0508) (“AAS Exemption”); Exemption No. 12645 (Docket FAA

2014

- 0804) (“Allied Drones”). Collectively, these conditions and limitations ens ure 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. **Proposed Unmanned Aerial Vehicles** Trimble Navigation Ltd ZX54 Juniper Unmanned Inc.

**Prop osed Operations**  KC Development will operate the proposed aircraft to collect aerial imagery and video, aerial inspection of infrastructure and collection of data for survey purposes. KC Development will operate its sUAS in full compliance with the applica ble manufacturer manual. KC Development 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 rd class medical and be familiarized with the sUAS in operation. The Visual Observer will also hold a 3 rd 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 /herself 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. KC Development 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. KC Development will file a NOTAM prior to operations. All operations will be conducted during daytime in Visual Metrological Conditions (VMC). In addition, KC Development will conduct a pre

-flight inspection of aircraft and ground equipment. These inspections will be conducted according to manufacturer manuals and KC Development standard operating procedures. Under the requested exemption, KC Development will limit its sUAS operations within the United States of America.5 Juniper Unmanned Inc.

**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 Pil ot 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. 91.15 1(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)

**14 C.F.R. P art 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 KC6 Juniper Unmanned Inc.

Development’s sUAS sa tisfy 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 KC Developme nt 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), KC Development will adhere to the following inspection and maintenance program: KC Development must carry out its maintenance, inspections, an d 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 aut horized sUAS maintenance personnel returning the sUAS to service. KC Development will follow the manufacturer's sUAS requirements relating to components, maintenance, overhaul, replacement, inspection and life limits.
**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”, “Light

Sport”, “Experimental”, or “Provisional” near each entrance to th e7 Juniper Unmanned Inc.

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, KC Development 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) Fo r 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 combinatio n 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 equival ent 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, KC Development respectfully requests an exemption from this regulation.

**14 C.F.R. 91.121**  KC Development’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 , visual observer and below 400 feet AGL. Because the proposed aircraft are not equipped with a barometric altimeter, and instead use GPS altitude, the ability to maintain required altimeter settings outlined in 14 C.F.R. 91.121 is not fea sible. Therefore, relief from 14 C.F.R. 91.121 is requested.8 Juniper Unmanned Inc.

**14 C.F.R. 91.151(a) and (b)** In support of KC Development’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 minu tes, 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)** KC Development requests an exemption from 14 C.F.R. 61.113 (a) and (b) to the extent necessary to permit KC Development to conduct commercial sUAS operations using PICs who hold, at least, an FAA recreational pilot certificate. KC Development requests that the FAA exempt KC Development 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 battery

- powered. The fulfillment of the additional requirements for a recreational pilot to become quali fied as a commercial pilot would not lead to any additional safety benefits when sUAS operations are involved.

**14 C.F.R. 91.119** KC Development seeks an exemption from the requirement in 14 C.F.R. 91.119, subsection (b), that an aircraft must remain at lea st 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 perso n, vehicle, or structure. KC Development requests an exemption from this regulation to the extent necessary to permit KC Development to conduct its sUAS operations at altitudes lower than those permitted by 14 C.F.R.9 Juniper Unmanned Inc.

91.119, since such altitudes are one of the key benefits of using sUAS for these flights. Even at these low altitudes, KC Development’s sUAS operations will be conducted at a level of safety at least equal to or better than that which would be achieved by larger manned aircraft. KC Development 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, KC Development submits that its operational limitations provide an equivalent level of safety to that provided in 14 C.F.R. 91.119.

**Reasons Why Granting the Exemption would not Adversely Affect Safety** Throughout this Petition, KC Development has explained many reasons why granting an exemption fro m 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 limitation s 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 restr iction 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; the10 Juniper Unmanned Inc.

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 opera tions or with the safety of persons or property on the ground. In addition, under the proposed conditions and limitations stated above, KC Development 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.
**Summary for Federal Register** Should the FAA determine that publication of a summary is required, KC Development submits the following sum mary to be included in the Federal Register: KC Development seek an exemption to operate the Trimble ZX5 aircraft systems to perform aerial data collection for inspection, survey, photographic and video services.

Sincerely, Cindy Halcumb KC Development 3 60

- 834

- 2519 cindy@kcdevelopment.net