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MARK A. DOMBROFF

703.336.8700

EMAIL ADDRESS

mdombroff@mckennalong.com

August 08, 2014

U. S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE

Washington, DC 20590

Attn:

Re: Petition of Utility Aerial Services, Inc. for Exemption Pursuant to Section

333 of the F A A Reform Act

Gentlemen:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 ("Reform 

Act") and 14 C.F.R. Part 11, Utility Aerial Services, Inc. ("Petitioner"), a utility aerial service 

company that performs utility-power generation inspections and patrols, hereby applies for an 

exemption from Federal Aviation Regulations ("FARs") identified below, to allow commercial 

operation of small unmanned aerial vehicles (i.e., small unmanned aircraft systems or "sUAS").

This exemption is in accordance with protocols outlined in this petition for exemption, 

the enclosed Utility Aerial Services Utility-Power Generation Inspection and Patrol Operations 

Manual1 ("Manual"), the UAS manufacturer's operations and/or instructions manual ("Aircraft 

Operations Manual"), and any other requirements established by the FAA pursuant to Section 

333 of the Reform Act. 

 1 Petitioner submits this Manual as a Confidential document under 14 C.F.R. § 11.35(b), as the 

entire Manual contains confidential commercial and proprietary information that the Petitioner

has not and will not share with others. The Manual contains operating conditions and procedures 

that are not available to the public and are protected from release under the Freedom of

information Act 5 U.S.C. § 552 et.seq.
August 08, 2014

Page 2

For your convenience, this petition is organized as follows:

I. Petitioner's Description

II. Relevant Statutory Authority

III. Qualification for Approval Under Section 333 of the Reform Act

I V. Description of Proposed Operations

V. Regulations From Which Exemption is Requested 

A. 14 C.F.R. Part 21, Subpart H2Airworthiness Certificates & 14 C.F.R. § 

91.203(a)(1). 

B. 14 C.F.R. Part 27: Airworthiness Standards: Normal Category Rotorcraft.

C. Aircraft Marking and Identification Requirements: 14 C.F.R. §§ 91.9(c), 

45.23(b) and 45.27(a).

D. 14 C.F.R. § 61.113 (a) & (b): Private Pilot Privileges and Limitations: 

Pilot in Command.

E. 14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft.

F. 14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness.

G. 14 C.F.R. § 91.103: Preflight Action.

H. 14 C.F.R. § 91.109(a): Flight Instruction.

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

J. 14 C.F.R. § 91.121 Altimeter Settings.

K. 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions.

L. 14 C.F.R. § 91.203 (a) & (b): Carrying Civil Aircraft Certification and 

Registration.

M. 14 C.F.R. §§ 91.405(a); 91.407(a)(1); 91.409(a)(2); 91.417 (a) & (b): 

Maintenance Inspections.

VI. Public Interest

VII. Privacy 

VIII. Federal Register Summary

IX. Conclusion
August 08, 2014

Page 3

I. Petitioner's Description

Petitioner is affiliated with BlueSky Helicopters, Inc. ("BlueSky Helicopters"), a 

helicopter service provider based in Redlands, California. BlueSky Helicopters is a certificated 

Part 135 air carrier, Part 133 external load operator, and Part 137 agricultural operator, which 

provides, among other services, inspection and patrol services for utility-power generation

companies.2 

In building upon years of operational experience and expertise of BlueSky Helicopters in 

performing utility-power generation inspections and patrols using manned rotorcraft, Petitioner 

is well qualified to perform the proposed sUAS operations. Petitioner intends to use BlueSky 

Helicopter personnel that have more than 15 years of experience flying conventional rotorcraft 

and performing the same utility-power generation inspections and patrols proposed herein. 

Consistent with the requirements of 14 C.F.R. § 11.81(a), Petitioner provides the 

following information in support of its petition for exemption:

The name and address of the Petitioner is:

Utility Aerial Services, Inc.

Attn: William R. Alex

23000 Sussex Hwy. #226 Seaford, DE 19973.

Phone: 1-855-973-6476

Email: wralex@blueskyhelo.com

Fax: 909-794-0999

II. Relevant Statutory Authority

This petition for exemption is submitted to fulfill Congress' goal in passing Section 

333(a) through (c) of the Reform Act. In the Reform Act, Congress directed the FAA "to safely 

accelerate the integration of civil unmanned aircraft systems into the national airspace system" 

and, under Section 333 of that law, directed the Secretary of Transportation ("FAA 

Administrator") to consider whether certain unmanned aircraft systems may operate safely in the 

National Airspace System ("NAS") before completion of the rulemaking required under Section 

332 of the Reform Act.3

In making this determination, the Secretary is required to determine which types of UASs 

do not create a hazard to users of the NAS or the public or pose a threat to national security in 

light of the following:

 2 Such utility-power generation companies are hereinafter referred to as "Utility Customers." 

3 Reform Act § 333(a).
August 08, 2014

Page 4

x The UAS's size, weight, speed, and operational capability;

x Operation of the UAS in close proximity to airports and populated areas; and

x Operation of the UAS within visual line of sight of the operator.4

If the Secretary determines that such vehicles "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" (Emphasis added).5 

In addition, the FAA Administrator has general authority to grant exemptions from its

safety regulations and minimum standards when the Administrator decides a requested

exemption is in the public interest. See 49 U.S.C. § 44701(f) (authorizing the grant of

exemptions from a requirement of regulations prescribed pursuant to section 44701(a)±(b) and

sections 44702±44716). A party requesting an exemption must explain the reasons why the

exemption: (1) would benefit the public as a whole, and; (2) would not adversely affect safety (or

how it would provide a level of safety at least equal to the existing rules). See 14 C.F.R. § 11.81;

FAA, Petition for Exemptions.

III. Qualification for Approval Under Section 333 of the Reform Act

The proposed operations in this petition for exemption qualify for expedited approval 

under Section 333 of the Reform Act. Each of the statutory criterial and other potentially

relevant factors are satisfied. 

The proposed operations would permit the use of small and relatively inexpensive UAS 

under controlled conditions in airspace that is: (1) limited; (2) predetermined; (3) controlled as to 

access, and; (4) would provide an increased level of safety beyond that existing when fixed or 

rotor wing aircraft are used to accomplish the same purpose. 

Petitioner's sUASs are rotorcraft, weighting 55 or fewer lbs. including payload. They 

operate, under normal conditions, at a speed of no more than 27 knots and have the capability to 

hover, and move in the vertical and horizontal plane simultaneously. 

Petitioner's sUASs will operate in line-of-sight and will operate only within a sterile area 

described in the enclosed Manual.6 Such operations will insure that the sUAS will "not create a 

hazard to users of the National Airspace System or the public."7

 4 Id. at § 333(b)(1). 

5 Id. § 333(c).

6 See Manual Section 7. 
August 08, 2014

Page 5

Given the small size of the sUASs involved and the restricted sterile environment within

which they will operate, this petition for exemption falls squarely within that zone of safety i.e.,

an equivalent level of safety, in which Congress envisioned that the FAA must, by exemption,

allow commercial operations of UASs to commence immediately. Also, due to the size of the 

UASs and the restricted areas in which the sUASs will operate, approval of the application 

presents no national security issue. 

Considering the clear direction in Section 333 of the Reform Act, the authority contained 

in the Federal Aviation Act, as amended, the equivalent level of safety surrounding the proposed 

operations, and the significant public benefit, including enhanced safety, reduction in 

environmental impacts, including reduced emissions associated with allowing UASs for the 

proposed operations, the grant of the requested exemptions is also in the public interest. 

Accordingly, Petitioner respectfully requests that the FAA grant the requested exemption 

without delay.

I V. Description of Proposed Operations

The enclosed Manual describes, in detail, the policies and procedures for Petitioner's 

proposed sUAS operations. To assist the FAA in its safety assessment of Petitioner's proposed 

sUAS operations, below is a summary of operational limitations and conditions which will 

ensure an equivalent or higher level of safety to operations conducted under current regulatory 

guidelines: 

1. The sUAS will weigh less than 55 lbs.

2. Flights will be operated within line-of-sight of a pilot and/or observer.

3. Maximum total flight time for each operational flight will be 25 minutes. Flights will be 

terminated at 25% battery power reserve should that occur prior to the 25 minute limit.

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

("AGL").

5. Minimum crew for each operation will consist of the sUAS Pilot and an Observer.

6. The sUAS pilot will be an FAA licensed airman with a private and/or commercial pilot's 

certificate with rotorcraft rating, and third class medical.

 

{continued from previous page}
August 08, 2014

Page 6

7. The sUAS pilot will be Pilot in Command (PIC). If a pilot certificate holder other than 

the sUAS Pilot is present and possesses the necessary PIC qualifications, that person can 

also be designated as PIC.

8. The UAS will only operate within a confined "Sterile Area" as defined in the Manual.8

9. A briefing will be conducted in regard to the planned sUAS operations prior to each day's 

activities. It will be mandatory that all personnel who will be performing duties within 

the boundaries of the safety perimeter be present for this briefing.

10. Pilot and Observer will have been trained in operation of UAS generally and will have 

received up-to-date information on the particular UAS to be operated, as required in the 

Manual.

11. Observer and Pilot will at all times be able to communicate by voice and/or text.

12. Written and/or oral permission from the relevant property holders will be obtained.

13. All required permissions and permits will be obtained from territorial, state, county or

city jurisdictions, including local law enforcement, fire, or other appropriate 

governmental agencies.

14. If the sUAS loses communications or loses its GPS signal, the sUAS is equipped with 

advanced safety features that will allow the sUAS to automatically return to a predetermined location. 

15. The sUAS will have the capability to abort a flight in case of unpredicted obstacles or 

emergencies.

V. Regulations F rom Which Exemption is Requested

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

By its terms, this statutory authority includes exempting civil aircraft, as the term is defined 

under §40101 of the Act, including sUASs, from its safety regulations and minimum standards 

when the Administrator decides a requested exemption is in the public interest.

9

 

 8 See Manual Section 7. 

9 See 49 U.S.C. § 44701(f) (authorizing the grant of exemptions from a requirements of 

regulations prescribed pursuant to section 44701(a)2(b) and sections 44702-44716). 
August 08, 2014

Page 7

Petitioner seeks an exemption from several interrelated provisions of 14 C.F.R. Parts 21, 

45 and 91 for purposes of conducting aerial surveys and inspections using sUAS. Listed below 

are: (1) the specific sections of 14 C.F.R. for which exemption is sought; and (2) the operating 

procedures and safeguards that Petitioner has established which will ensure a level of safety 

equal to or better than the rules from which exemption is sought.

10 

A. 14 C.F.R. Part 21, Subpart H2Airworthiness Certificates & 14 C.F.R. §

91.203(a)(1).

This petition seeks an exemption from 14 C.F.R. Part 21, Subpart H, which establishes 

the procedural requirements for the issuance of airworthiness certificates as required by 14 

C.F.R. §91.203(a)(1). Given the size and limited operating area associated with the sUAS to be 

utilized by the Petitioner, an exemption from Part 21 Subpart H meets the requirements of an 

equivalent level of safety under Part 11 and Section 333 of the Reform Act. 

The Federal Aviation Act (49 U.S.C.§ 44701(f)) and Section 333 of the Reform Act both 

authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon 

consideration of the size, weight, speed, operational capability, and proximity to airports and 

populated areas of the particular UAS. 

In all cases, an analysis of these criteria demonstrates that the sUAS operated without an 

airworthiness certificate, in the restricted environment and under the conditions proposed will be 

at least as safe, or safer, than a conventional rotorcraft operating with an airworthiness certificate 

without the restrictions and conditions of the proposed sUAS operations.

Equivalent Level of Safety

The sUAS to be operated hereunder is less than 55 lbs. fully loaded, carries neither a pilot 

nor passenger, carries no explosive materials or flammable liquid fuels, and operates exclusively 

within a secured area as set out in the Manual.11 Unlike other civil aircraft, the proposed 

operations in this petition for exemption will be controlled and monitored by the operator, 

pursuant to the Manual's requirements. Moreover, the FAA will have advance notice of all 

operations conducted under this exemption. 

 10 See 14 C.F.R. § 11.81(e), which requires a petition for exemption to include:

"The reasons why granting the exemption would not adversely affect safety, or how the 

exemption would provide a level of safety at least equal to that provided by the rule from which 

you seek exemption."

11 See Manual Section 7. 
August 08, 2014

Page 8

The sUAS to be operated hereunder weighs less than 55 lbs. fully loaded, carries neither 

a pilot nor passenger, carries no explosive materials or flammable liquid fuels, and operates 

exclusively within a secured area as set out in the Manual.13 Unlike other civil aircraft, the 

proposed operations in this petition for exemption will be controlled and monitored by the 

operator, pursuant to the Manual's requirements. 

These safety enhancements, which already apply to civil aircraft operated in connection 

with existing inspection operations, provide a greater degree of safety to the public and property 

owners than conventional operations conducted with airworthiness certificates issued under 14 

C.F.R. Part 21, Subpart H. Lastly, application of these same criteria demonstrates that there is no 

credible threat to national security posed by the sUAS, due to its size, speed of operation, 

location of operation, lack of explosive materials or flammable liquid fuels, and inability to carry 

a substantial external load.

B. 14 C.F.R. Part 27: Airworthiness Standards: Normal Category Rotorcraft.

14 C.F.R. Part 27 sets forth the procedural requirements for airworthiness certification of 

normal category rotorcraft. To the extent the Petitioner's sUASs would otherwise require 

certification under Part 27, as a rotorcraft, Petitioner UHTXHVWVDQH[HPSWLRQIURP3DUW¶V

airworthiness standards for the same reasons identified in the exemption request from 14 C.F.R. 

Part 21, Subpart H. 

C. Aircraft Marking and Identification Requirements: 14 C.F.R. §§ 91.9(c),

45.23(b) and 45.27(a).

This petition seeks an exemption from the aircraft marking and identification 

requirements of 14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a).

14 C.F.R. § 91.9(c), Civil aircraft flight manual, marking, and placard requirements, 

provides that: 

No person may operate a U.S.-registered civil aircraft unless that aircraft is 

identified in accordance with part 45 of this chapter.

14 C.F.R. § 45.23(b), Markings of the Aircraft, states:

When marks include only the Roman capital letter "N" and the registration 

number is displayed on limited, restricted or light-sport category aircraft or 

experimental or provisionally certificated aircraft, the operator must also display 

on that aircraft near each entrance to the cabin, cockpit, or pilot station, in letters 

 13 See Manual Section 7. 
August 08, 2014

Page 9

not less than 2 inches nor more than 6 inches high, the words "limited," 

"restricted," "light-sport," "experimental," or "provisional," as applicable.

14 C.F.R. § 45.27(a), Rotorcraft, states:

Each operator of a rotorcraft must display on that rotorcraft horizontally on both 

surfaces of the cabin, fuselage, boom, or tail the marks required by §45.23.

Exemption from § 45.23(b) is warranted because the sUAV has no entrance to the cabin, 

cockpit, or pilot station on which the word "Experimental" can be placed. Moreover, given the 

size of the sUAV, two-inch lettering would be impossible. The word "Experimental" will be 

placed on the fuselage in compliance with § 45.29(f).

Given the nature of the specific relief sought by this exemption request, Petitioner 

requires relief from the associated marking and identification requirements of § 45.27(a) and § 

91.9(c), which would require compliance with § 45.23(b).

Equivalent Level of Safety

An equivalent level of safety for exemptions to the aircraft marking and identification 

requirements of §§ 91.9(c), 45.23(b) and 45.27(a), will be provided by having the sUAV marked 

on its fuselage as required by §45.29(f) where the pilot, observer, and others working with the 

sUAV will see the identification of the UAS as "Experimental." Additionally, Petitioner will 

ensure compliance with any requests of sUAS marking by the FAA. 

The FAA has issued the following exemptions to the aircraft marking requirements of § 

45.23(b): Exemptions Nos. 10700, 8738, 10167 and 10167A.

D. 14 C.F.R. § 61.113 (a) & (b): Private Pilot Privileges and Limitations: Pilot

in Command.

This petition seeks an exemption from the private pilot privileges and limitations of § 

61.113 (a) & (b), which states:

Private Pilot Privileges and Limitations: Pilot in Command.

(a) Except as provided in paragraphs (b) through (h) of this section, no 

person who holds a private pilot certificate may act as pilot in command of an 

aircraft that is carrying passengers or property for compensation or hire; nor may 

that person, for compensation or hire, act as pilot in command of an aircraft. 

(b) A private pilot may, for compensation or hire, act as pilot in command 

of an aircraft in connection with any business or employment if: 
August 08, 2014

Page 10

(1) The flight is only incidental to that business or employment; and 

(2) The aircraft does not carry passengers or property for compensation or 

hire. 

Section 61.113(a) limits private pilots to being in command of non-commercial flights. 

Section 61.113(b)(1) provides an exception that allows a private pilot to command an aircraft 

without passengers or property, in connection with business or employment if "[t]the flight is 

only incidental to that business or employment." That exception likely does not apply to the 

proposed operations under this petition for exemption, as the flights are not incidental to the 

proposed aerial surveys and inspections but rather essential to it. Accordingly, this petition seeks 

an exemption to § 61.113(a)'s commercial limitation and/or § 61.113(b)(1)'s requirement that the 

flight be incidental to the business to benefit from the exception. 

Equivalent Level of Safety

As required by the Manual, Petitioner's sUAS operators acting as PIC will hold a 

commercial and/or private pilot certification and have a rotorcraft rating. Because the sUAS 

will not carry a pilot or passengers, the proposed operations can achieve the equivalent level of 

safety to § 61.113 (a) and (b), by requiring the PIC operating the sUAS to have either a 

commercial and/or private pilot certification with rotorcraft rating. 

Unlike a conventional aircraft that carries the pilot and passengers, the sUAS is remotely 

controlled with no living thing on board. Moreover, the area of operation is controlled and 

restricted, and all flights are planned and coordinated in advance as set forth in the Manual.

The level of safety provided by the requirements included in the Manual exceeds that 

provided by a single individual holding a commercial pilot's certificate operating a conventional 

aircraft in accordance with § 61.113 (a) & (b). The risks associated with the operation of small, 

lightweight UAS are diminished from the level of risk associated with commercial operations 

contemplated by Part 61 when drafted, that allowing the proposed operations in this petition for 

exemption with a private pilot as the PIC exceeds the present level of safety achieved by § 

61.113 (a) & (b).

E. 14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft.

This petition seeks an exemption from the flight manual requirements of 14 C.F.R. § 

91.9(b)(2), which states:

(b) No person may operate a U.S.-registered civil aircraft2

. . . 
August 08, 2014

Page 11

(2) For 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 combination thereof.

Given its size, configuration, and load capacity, the sUAS has no ability to carry such a 

manual on the aircraft, not only because there is no pilot on board, but because there is simply no 

room or capacity to carry such an item on the aircraft. 

Equivalent Level of Safety

The safety related purpose of this manual requirement can be equally satisfied by 

maintaining the sUAS flight manual at the ground control point where the pilot flying the sUAS 

will have immediate access to it. Accordingly, Petitioner requests an exemption from § 

91.9(b)(2)'s flight manual requirements, on the condition that the sUAS flight manual be 

available at the control point during each operation. 

The FAA has issued the following exemptions to this regulation: Exemption Nos. 8607, 

8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 32827, and 10700.

F. 14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness.

This petition seeks an exemption from 14 C.F.R. § 91.7(a), which requires that a civil 

aircraft be in an airworthy condition to be operated. Inasmuch there will be no airworthiness 

certificate issued for the sUAS, should this exemption be granted, no FAA regulatory standard 

will exist for determining airworthiness. 

Equivalent Level of Safety

Utility Aerial Services pilots that will be flying the sUAS have over 12,000 flight hours 

and a stellar safety record. Given the size of the sUAS and the requirements contained in the 

Manual for maintenance and use of safety checklists prior to each flight, an equivalent level of 

safety will be provided.

The FAA has issued the following exemptions to this regulation: Exemption Nos. 8607, 

8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 32827, and 10700.

G. 14 C.F.R. § 91.103: Preflight Action.

This petition seeks an exemption from § 91.103, which requires a PIC to become familiar 

with specific information before each flight, including information contained in the FAAapproved Flight Manual on board the aircraft. Inasmuch as an FAA approved flight manual will 

not be provided for the sUAS, an exemption will be needed.
August 08, 2014

Page 12

Equivalent Level of Safety

An equivalent level of safety will be provided by following the Aircraft Operations 

Manual comprehensive preflight checklist. The PIC will take all actions, including reviewing 

weather, flight battery requirements, landing and takeoff distances, and aircraft performance 

data, before initiation of flight.

H. 14 C.F.R. § 91.109(a): F light Instruction.

This petition seeks an exemption from 14 C.F.R. § 91.109(a), which provides that 3>Q@R

person may operate a civil aircraft (except a manned free balloon) that is being used for flight 

instruction unless that aircraft has fully IXQFWLRQLQJGXDOFRQWUROV ́ sUASs and remotely piloted 

aircraft, by their design do not have fully functional dual controls. Instead, flight control is 

accomplished through the use of a control box that communicates with the sUAS via radio 

communications. 

Equivalent Level of Safety

Given the size and speed of the sUAS, an equivalent level of safe training can still be 

performed without dual controls because no pilot or passengers are aboard the sUAS, and all 

persons will be a safe distance away should the sUAS experience any difficulties during flight 

instruction. 

The FAA has approved exemptions for flight training without fully functional dual 

controls for a number of aircraft and for flight instruction in experimental aircraft. See

Exemption Nos. 5778K & 9862A. 

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

This petition seeks an exemption from the minimum safe altitude requirements of 14 

C.F.R. § 91.119. Section 91.119 prescribes the minimum safe altitudes under which aircraft may 

not operate, including 500 feet above the surface and away from any person, vessel, vehicle, or

structure in non-congested areas. See 14 C.F.R. § 91.119(c). Section § 91.119(d)(1) allows for a

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helicopter complies with any routes or altitudes specifically prescribed for helicopters by the

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To provide the intended inspections, the sUAS will normally need to be operated within a 

range of approximately 50 feet from the utility-power generation line being inspected.

Accordingly, due to the nature of the proposed operations, the PIC and the designated spotter 

may at times be less than 500 feet away from structures during the operation, and an exemption 

is therefore required.
August 08, 2014

Page 13

Equivalent Level of Safety

Compared to flight operations with rotorcraft weighting far more than the maximum 55

lbs. proposed herein, and the lack of flammable fuel, any risk associated with these operations is 

far less than those presently presented with conventional aircraft. An equivalent level of safety 

will be achieved given the size, weight, speed of the UAS as well as the location where it is 

operated. As set forth in the Manual, the sUAS will be operated in a restricted area, where 

buildings and people will not be exposed to operations without their pre-obtained consent.16 No 

flight will be taken without the permission of the property owner and/or local officials. Because 

of the advance notice to the property owner and participants, all affected individuals will be 

aware of the planned flight operations as set forth in the Manual. Furthermore, by operating at 

such lower altitudes, the sUAS will not interfere with other aircraft that are subject to the 

minimum safe altitude regulations. 

J. 14 C.F.R. § 91.121 Altimeter Settings.

This petition seeks an exemption from 14 C.F.R. § 91.121, which requires a person 

operating an aircraft to maintain cruising altitude or flight level by reference to an altimeter that 

is set to the elevation of the departure airport or barometric pressure. An exemption is required 

because the sUAS does not have a barometric altimeter, but rather a GPS altitude read out. 

Equivalent Level of Safety

An equivalent level of safety will be achieved by following the procedures set forth in the 

Manual. As prescribed in the Manual, the operator will confirm the altitude of the launch site

shown on the GPS altitude indicator before flight. Moreover, the PIC will use the GPS altitude 

indicator to constantly monitor the sUASs height, thus ensuring operation at safe altitudes. 

K. 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in V FR Conditions.

This petition seeks an exemption from 14 C.F.R. § 91.151(a)'s fuel requirements for 

flight in VFR conditions. Section 91.151 states: 

(a) No person may begin a flight in an airplane under VFR conditions unless 

(considering wind and forecast weather conditions) there is enough fuel to fly to 

the first point of intended landing and, assuming normal cruising speed2

(1) During the day, to fly after that for at least 30 minutes; or 

 16 See Manual Section 4.1. 
August 08, 2014

Page 14

(2) At night, to fly after that for at least 45 minutes.

The battery powering the sUAS provides approximately 25 minutes of powered flight. 

An exemption from the 30 minute reserve requirement in 14 CFR §91.151 is therefore required. 

Equivalent Level of Safety

An equivalent level of safety can be achieved by limiting flights to 25 minutes or 25% of 

battery power, whichever happens first. This restriction would be more than adequate to return 

the sUAS to its planned landing zone from anywhere within its limited operating area. Operation 

of the sUAS 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 small UAS. 

Moreover, operation will be limited to controlled areas where only people and property owners, 

or official representatives who have signed waivers will be allowed.

18 

This request for exemption falls within the scope of prior exemptions. See e.g. Exemption 

10673 (allowing Lockheed Martin Corporation to operate without compliance with § 91.151 (a)); 

see also Exemptions 2689F, 5745, 10673, and 10808.

L. 14 C.F.R. § 91.203 (a) & (b): Carrying Civil Aircraft Certification and

Registration.

This petition seeks an exemption from civil aircraft certification and registration 

requirements of 14 C.F.R. § 91.203 (a) and (b). The regulation provides in pertinent part:

(a) Except as provided in §91.715, no person may operate a civil aircraft unless it 

has within it the following: 

(1) An appropriate and current airworthiness certificate«

(b) No person may operate a civil aircraft unless the airworthiness certificate 

required by paragraph (a) of this section or a special flight authorization issued 

under §91.715 is displayed at the cabin or cockpit entrance so that it is legible to 

passengers or crew. 

In addition to the fact that Petitioner is seeking an exemption from the airworthiness 

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load capacity and size does not allow it to carry certification and registration documents; (2) the 

sUAS does not have a cabin or cockpit entrance at which the documents could be displayed; and 

(3) there are no passengers or crew for whom the certificates need be displayed.

 18 Id.; See also Manual Section 7.4.1. 
August 08, 2014

Page 15

Equivalent Level of Safety

To the extent these regulations are applicable to the proposed sUAS operations, an 

equivalent level of safety will be achieved by keeping these documents at the ground control 

point where the pilot flying the sUAS will have immediate access to them. 

The FAA has issued numerous exemptions to this regulation. A representative sample of 

other exceptions includes Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 

10700.

M. 14 C.F.R. §§ 91.405(a); 91.407(a)(1); 91.409(a)(2); 91.417 (a) & (b):

Maintenance Inspections.

This petition seeks an exemption from the maintenance inspection requirements of 14 

C.F.R. §§ 91.405(a); 91.407(a)(1); 91.409(a)(2); 91.417 (a) & (b). These regulations specify 

maintenance and inspection standards in reference to 14 C.F.R. Part 43. See, e.g., 14 C.F.R. § 

91.405(a) (stating that each owner or operator of an aircraft 3>V@KDOOKDYHWKDWDLUFUDIWLQVSHFWHG

as prescribed in subpart E of this part and shall between required inspections . . . have

GLVFUHSDQFLHVUHSDLUHGDVSUHVFULEHGLQSDUWRIWKLVFKDSWHU ́ An exemption to these 

regulations is needed because Part 43 and these sections apply only to aircraft with an 

airworthiness certificate, which the sUAS will not have.

Equivalent Level of Safety

An equivalent level of safety will be achieved because maintenance and inspections will 

be performed in accordance with the Aircraft Operations Manual as referenced in the Manual.19 

As provided in the Manual, the operator will ensure that the UAS is in working order prior to 

initiating flight, perform required maintenance, and keep a log of any maintenance performed. 

The operator is the person most familiar with the aircraft and best suited to maintain the aircraft 

in an airworthy condition to provide the equivalent level of safety.

If mechanical issues arise, the UAS can land immediately and will be operating from no 

higher than 400 feet AGL. Moreover, the UAS's small size, carrying capacity, and the fact that 

flight operations will only take place in restricted areas for limited periods of time, create less 

risk than the same factors associated with conventional fixed-wing aircraft and rotorcraft 

performing the same operation.

 19 See Manual Section 12. 
August 08, 2014

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VI. Public Interest

Consistent with the requirements of 14 C.F.R. §11.81(d), Petitioner offers the following 

reasons why granting this petition for exemption is in the public interest, i.e., how granting it 

would benefit the public as a whole. 

Approval of exemptions allowing commercial operations of small and lightweight sUAS

in the utility aerial services industry benefits the public as a whole in the following ways:

x It helps fulfill Congress' goal in passing Section 333(a) through (c) of the Reform 

Act, namely, the FAA Administrator's assessment of whether certain UAS may 

operate safely in the National Airspace System before completion of the rulemaking 

required under Section 332 of the Reform Act. 

x The operation significantly improves safety and reduces risk by alleviating human 

exposure to danger associated with current aerial survey and inspection methods,

namely, full size helicopters. Manned helicopters performing utility-power generation 

inspections and patrols have experienced an exceedingly high number of accidents 

and fatalities. The public's interest is furthered by reducing human exposure to death 

or serious injury associated with manned aircraft performing utility-power generation 

inspections and patrols.

x Petitioner's sUASs are battery powered and create no emissions. If Petitioner's sUAS 

crashes, there is no fuel to ignite and explode. Any impact of Petitioner's lightweight 

sUASs is, obviously, far less than a full size helicopter. The public's interest is 

furthered by minimizing ecological impact of an accident and by reducing human 

exposure to potentially harmful emissions associated with manned aircraft. 

x Aerial surveys are valuable tools for utility-power generation inspections. However, 

problems with safety, cost, statistical integrity, and logistics continue to impede aerial 

surveys and inspections from conventional manned aircraft. The use of sUAS 

addresses these problems and is a powerful tool for performing a wide-range of 

utility-power generation inspection and patrol applications. The public as a whole 

will benefit from the safer and more cost-effective utility aerial services that sUAS 

operations provide. 
August 08, 2014

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VII. Privacy

All flights will occur over Petitioner's property or the Utility Customer's property with the 

Utility Customer's prior consent and knowledge.

VIII. Federal Register Summary

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:

Utility Aerial Services, Inc. seeks an exemption from the following rules:

14 CFR Part 21, Subpart H; 14 CFR Part 27; 14 CFR 45.23(b); 14 C.F.R. § 61.113 (a) & 

(b); 14 CFR 91.7(a); 14 CFR 91.9(b)(2); 14 CFR 91.103; 14 CFR 91.109(a); 14 CFR 91.119; 14 

CFR 91.121; 14 CFR 91.151(a); 14 CFR 91.203 (a) & (b); 14 CFR 91.405(a); 14 CFR 

91.407(a)(1); 14 CFR 91.409(a)(2); 14 CFR 91.417 (a) & (b). 

Approval of exemptions allowing commercial operations of small and lightweight 

unmanned aircraft ("sUAS") in the utility-power inspection industry will enhance safety by 

reducing risk. Conventional operations in this industry using rotorcraft or fixed-wing aircraft 

present the risks associated with vehicles that weigh in the neighborhood of several thousand 

pounds and carrying large amounts of fuel. Such aircraft must fly to and from the survey or 

inspection location and operate at low altitudes. 

In contrast, a sUAS weighing fewer than 55 lbs. and powered by batteries eliminates 

virtually all of that risk, given the reduced mass and lack of combustible fuel carried on board. 

The sUAS is transported, not flow, to the designated survey area and set up. The sUAS carries

no passengers or crew and, therefore, does not expose them to the risks associated with manned 

aircraft flights.

The operation of small UASs, weighting less than 55 lbs., provides an equivalent level of 

safety and thus supports the grant of the exemptions requested herein, including exempting the 

applicant from the requirements of Part 21 and allowing commercial operations. These 

lightweight sUASs operate at slow speeds, close to the ground, and in a sterile environment. As a 

result, they are far safer than conventional aerial survey and inspection operations conducted 

with fixed-wing aircraft or helicopters.

I X. Conclusion

Satisfaction of the criteria provided in Section 333 of the Reform Act of 20122size, 

weight, speed, operating capabilities, proximity to airports and populated areas, and operation 

within visual line of sight and national security2provides more than adequate justification for 

the grant of the requested exemptions allowing commercial operation of Utility Aerial Services, 
August 08, 2014

Page 18

Inc.'s sUAS in the utility-power generation inspection and patrol industry in accordance with the 

Manual appended hereto.

If additional information is required, or if you have any questions regarding this Petition 

for Exemption, please contact the undersigned or John McGraw at:

John McGraw Aerospace Consulting, LLC

Phone: 540-219-1638

Email: John@JmacAerospace.aero

Very truly yours,

/s/ Mark A. Dombroff

_____________________________

Mark A. Dombroff, Esq.

Matthew J. Clark, Esq.

Attachments (All Subject to Non-Disclosure Under the Freedom of Information Act, 5 U.S.C. § 

552 et. seq.):

Attachment A: Utility Aerial Services Utility-Power Generation Inspection and Patrol 

Operations Manual
August 08, 2014

Page 19

A T T A C H M ENT A

This document is withheld as proprietary and confidential and is subject to non-disclosure under 

Freedom of Information Act, 5 U.S.C. § 522 et. seq.