In the matter of the petition for exemption of: 

North Carolina State University and ElectriCities of North Carolina, Inc.,

for an exemption seeking relief from the requirements of Title 14 of the Code of 

Federal Regulations, 

Sections 21 Subpart H; 27; 45.23(b); 45.27(a); 61.113; 91.7(a); 91.9(b) and (c); 

91.109(a); 91.119; 91.121; 91.151; 91.203(a) and (b); 91.405(a); 91.407(a)(1); 

91.409(a)(2); and 91.417(a) and (b)

concerning operation of an Unmanned Aircraft System pursuant to Section 333 

of the FAA Modernization and Reform Act of 2012

Andrew M. Fusco

Vice President, Member Services and Corporate Planning, ElectriCities of NC, Inc.

1427 Meadow Wood Blvd.

Raleigh, NC 27604

919-760-6219

afusco@electricities.org

Scott Ferguson

Associate Professor, North Carolina State University

3244 Engineering Building III, Campus Box 7910

Raleigh, NC 27695

919-515-5231

scott_ferguson@ncsu.edu
1

Table of Contents

Abbreviations .........................................................................................................................................................2

Publishable Summary..........................................................................................................................................3

Background of Petition .......................................................................................................................................3

Basis for Approval ................................................................................................................................................4

Benefits to the Public...........................................................................................................................................6

Regulations from which an Exemption is Requested .............................................................................6

Conclusion............................................................................................................................................................. 11
2

Abbreviations

AGL: Above Ground Level

ATC: Air Traffic Control

FAA: Federal Aviation Administration

GCS: Ground Control Station

NAS: National Airspace System

Section 333: FAA Modernization and Reform Act of 2012, Section 333

SMS: Safety Management System

UAS: Unmanned Aircraft System

VFR: Visual Flight Rules

VTOL: Vertical Take-Off and Landing
3

Publishable Summary

The following summary is provided for publication in the Federal Register, should it be 

determined that publication is necessary.

Researchers at ElectriCities of North Carolina, Inc., and North Carolina State University 

seek an exemption pursuant to 14 CFR §11.61 and Section 333 of the FAA Modernization 

and Reform Act of 2012 from the requirements of 14 CFR §21 Subpart H; 27; 45.23(b); 

45.27(a); 61.113; 91.7(a); 91.9(b) and (c); 91.109(a); 91.119; 91.121; 91.151; 91.203(a) 

and (b); 91.405(a); 91.407(a)(1); 91.409(a)(2); and 91.417(a) and (b). This exemption 

request will permit ElectriCities of North Carolina, Inc., and North Carolina State University 

to operate its UAS for the purpose of aerial filming and photographing to include 

infrastructure inspections and scientific research. ElectriCities of North Carolina, Inc., and 

North Carolina State University will provide an assessment of the potential benefits of UAS 

to municipal utility companies and will further the research of unmanned aircraft systems. 

This will further benefit the public by allowing the safe integration of UAS into the NAS. 

The requested exemption should be granted because the proposed operation of the DJI 

Phantom 3 Professional will provide an equivalent or improved level of safety while still 

allowing scientific research operations. The lightweight aircraft covered by this exemption 

is safer than conventional operations that require the close interaction of humans with 

potentially malfunctioning power distribution equipment. The seven factors the FAA must 

consider when approving Section 333 exemption petitions (size, weight, speed, operational 

capability, proximity to airports, proximity to populated areas, and operation within visual 

line of sight) are all supported in the request. The UAS in question is small, will operate at 

slow speeds, will be close to the ground, and will not operate near airports or highly 

populated areas.

Background of Petition

North Carolina State University and ElectriCities of North Carolina, Inc., seek the requested 

exemptions to permit them to continue research into the usefulness and value of UAS in the 

area of public power distribution. This research focuses on the use of UAS to evaluate 

power distribution infrastructure owned and operated by municipal power companies. The 

infrastructure investigated includes power distribution lines, transformers, and 

substations. Video and images from UAS will be evaluated to determine whether the 

infrastructure is in need of repair and to rapidly catalog existing components. 

UAS operations are part of a complex system that makes up the national airspace (NAS). 

The research team at North Carolina State University and ElectriCities of North Carolina, 

Inc., are aware of the intricacy of the NAS and are conscious of the safety issues that arise 

from working in this environment.
4

Basis for Approval

Size, Weight, Speed, and Operational Capability of UAS

North Carolina State University and ElectriCities of North Carolina, Inc., seek an exemption 

to operate a DJI Phantom 3 Professional for research purposes. The UAS in question is 

capable of vertical takeoff and landing (VTOL) and has a ground control station (GCS) that 

can use a smartphone or tablet system. The specifications of the DJI Phantom 3 

Professional are displayed in Table 1.

Table 1: Specifications of DJI Phantom 3 Professional

Weight 1280 g (2.82 lb.)

Diagonal size 590 mm (23.23 in.)

Max. ascent speed 5 m/s (11.18 mph)

Max. descent speed 3 m/s (6.71 mph)

Max. speed 16 m/s (35.79 mph)

Remote controller frequency 2.400 GHz – 2.483 GHz

R.C. max. distance 2000 m (1.24 miles)

Max. flight time 23 minutes

Camera Resolution 12.0 MP Still

Video Resolution 4K

Video Speed 30 FPS

Field of View 94°

Lens f/2.8

As can be seen in the above table, the DJI Phantom 3 Professional is well below the 

maximum size limit set by the FAA. Furthermore, the DJI Phantom 3 Professional does not 

carry any flammable propellant or fuel, and possesses redundant motor capabilities. It does 

not present a danger to the public. In addition, the UAS will not be flown in controlled 

airspace without written consent of the local regulatory agency or office, or at an altitude 

that exceeds 400 feet above ground level (AGL). In the event that the control link is lost, the 

DJI Phantom 3 Professional has a failsafe ability to return to the takeoff location and safely 

land, as it would if the battery dropped below a safe charge level.

In the absence of UAS operations, many of these inspections would need to be carried out 

manually by an employee of the municipal utility in question, which could put that 

employee at risk. Given the small size of the UAS in question and the restricted 

environment in which it will operate, this petition for exemption falls within the level of 

safety which the FAA requests for UAS operations. 
5

Operations Restrictions

Below is a summary of operational limitations and conditions that will ensure an 

equivalent or higher level of safety for operations conducted under current regulatory 

guidelines.

1. The UAS will weigh 55 pounds or less.

2. The UAS airspeed will not exceed 50 knots;

3. Flights must be operated within line of sight of a pilot (PIC) and visual observer 

(VO).

4. All operations will utilize a VO. The VO may be utilized as long as the PIC maintains 

VLOS capability and can communicate verbally with the VO at all times.

5. The operator will coordinate all flights with the appropriate Flight Standards 

District Office. 

6. Prior to flight operations, ATC will be notified and two way communications will be 

established. 

7. Maximum total flight time for each operational flight will be limited to the amount of 

time the UAS can be safely flown.

8. Flights will be operated at an altitude of no more than 400 feet AGL and will not be 

conducted within navigable airspace. Altitudes reported to ATC will be in feet AGL.

9. The PIC will conduct an inspection of the UAS prior to every takeoff to ensure that 

the UAS is in full working order.

10. A functional test flight will be performed following the maintenance, alteration, or 

repair of the UAS. Test flights will be performed by the PIC prior to the UAS’s return 

to service. 

11. The operator will follow the manufacturer’s UAS maintenance, overhaul, inspection, 

and life limit requirements.

12. The PIC must possess at minimum a light sport pilot certificate and a valid U.S. 

driver’s license. The PIC must meet all other flight requirements as specified in 14 

CFR, excluding those listed in this petition for exemption.

13. If the UAS loses communication or loses its GPS signal, it must return to a 

predetermined location within the security perimeter of the flight operations area 

and land safely.

14. The PIC must abort the UAS flight in the event of unpredicted obstacles or 

emergencies in accordance with the operator’s manual.

15. For any flight operations over U.S. Government or state managed lands, the 

appropriate authorities will be contacted. The property owners will have at least 

twelve hours of advanced notice prior to the proposed flight operations.

16. The UAS will only be operated pursuant to visual flight rules (VFR) in visual 

meteorological conditions (VMC). It will only be operated during daylight hours. 
6

Benefits to the Public

As the primary goal of this research is to determine the benefit of UAS to municipal power 

companies, the benefit to the public is very clear. By investigating and testing the use of 

UAS, this research aims to increase organizational efficiency and reduce cost in the public 

power sector. This should result in lower risk to employees of municipal utilities, lower 

overall cost of maintaining power distribution lines, lower probability of generated power 

being lost due to poorly maintained distribution lines, and lower costs to customers. 

Regulations from which an Exemption is Requested

Researchers at ElectriCities of North Carolina, Inc., and North Carolina State University

seek an exemption pursuant to 14 CFR §11.61 and Section 333 of the FAA Modernization 

and Reform Act of 2012 from the requirements of 14 CFR §21 Subpart H; 27; 45.23(b); 

45.27(a); 61.113; 91.7(a); 91.9(b) and (c); 91.109(a); 91.119; 91.121; 91.151; 91.203(a) 

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

14 CFR Part 21, Subpart H, 14 CFR §91.203(a)(1), and 14 CFR Part 27

It is requested that the FAA finds that the DJI Phantom 3 Professional, the UAS in question,

provides a level of safety equivalent to that of aircraft normally used for similar 

applications. If such a finding is made, no exemption is necessary. However, if the FAA 

determines that the UAS fails to meet the requirements of the Reform Act, an exemption is 

requested. 

14 CFR Part 27 sets forth the requirements for airworthiness certification of normal 

category rotorcraft. An exemption is sought from the airworthiness standards for the same 

reasons set forth in the exemption requested from 14 CFR Part 21, Subpart H.

Equivalent Level of Compliance

The DJI Phantom 3 Professional UAS will operate safely taking into account its size, weight, 

speed, and operational capabilities. The UAS weighs only 2.82 pounds and has a maximum 

flight speed of only 35.8 miles per hour. It will only be flown outside controlled airspace. 

14 CFR §91.203(a) and §91.203(b)

14 CFR §91.203(a) and §91.203(b) state the following:

(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. Each U.S. airworthiness certificate 

used to comply with this subparagraph (except a special flight permit, a copy of the 

applicable operations specifications issued under §21.197(c) of this chapter, appropriate 
7

sections of the air carrier manual required by parts 121 and 135 of this chapter containing 

that portion of the operations specifications issued under §21.197(c), or an authorization 

under §91.611) must have on it the registration number assigned to the aircraft under part 

47 of this chapter. However, the airworthiness certificate need not have on it an assigned 

special identification number before 10 days after that number is first affixed to the 

aircraft. A revised airworthiness certificate having on it an assigned special identification 

number, that has been affixed to an aircraft, may only be obtained upon application to an 

FAA Flight Standards district office.

(2) An effective U.S. registration certificate issued to its owner or, for operation within the 

United States, the second copy of the Aircraft registration Application as provided for in 

§47.31(c), or a registration certification issued under the laws of a foreign country.

(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.

Equivalent Level of Compliance

As the DJI Phantom 3 Professional is unmanned, it has no cabin, cockpit, pilot station, or 

other entrances. In accordance with the FAA Office of Chief Counsel’s Opinion dated August 

8, 2014, the UAS documentation will be kept at the ground control station with the PIC 

during flight. 

14 CFR §91.7(a)

This regulation states that:

(a) No person may operate a civil aircraft unless it is in an airworthy condition.

Equivalent Level of Compliance

As there will be no airworthiness certificate issued for the aircraft, should this exemption 

be granted, no FAA regulatory standard will exist for determining airworthiness. Given the 

size of the UAS in question and the use of safety checklists prior to each flight, an equivalent 

level of safety will be provided.

14 CFR §45.23(b) and §45.27(a)

An exemption is sought from 14 CFR §45.23(b), which states the following:

(b) 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 not less than 2 inches nor more 

than 6 inches high, the words “limited,” “restricted,” “light-sport,” “experimental,” or 

“provisional,” as applicable.
8

An exemption is also sought from 14 CFR §45.27(a), which states the following:

(a) Rotorcraft. 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.

Equivalent Level of Compliance

As the DJI Phantom 3 Professional is unmanned, it has no cabin, cockpit, or pilot station, 

and therefore no entrances to those locations. Furthermore, it is a UAS of an 

unconventional shape. Therefore, it is proposed that the FAA N numbers be displayed on 

the fuselage with markings that are as large as practicable.

14 CFR §91.9(c)

An exemption is sought from 14 CFR §91.9(c), which states that:

(c) No person may operate a U.S.-registered civil aircraft unless that aircraft is identified in 

accordance with part 45 of this chapter.

Equivalent Level of Compliance

This exemption is requested in accordance with the previous exemptions requested which, 

if allowed, will require that the aircraft is identified in a different manner than what is 

described in part 45 of 14 CFR.

14 CFR §91.9(b)

Pursuant to 14 CFR §91.9(b):

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

(1) For which an Airplane or Rotorcraft Flight Manual is required by §21.5 of this chapter 

unless there is available in the aircraft a current, approved Airplane or Rotorcraft Flight 

Manual or the manual provided for in §121.141(b); and

(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.

Equivalent Level of Compliance

In accordance with the FAA Office of Chief Counsel’s Opinion dated August 8, 2014, the UAS 

documentation, including flight manual, registration certificate, and any other necessary 

documents, will be kept at the ground control station with the PIC during flight. 
9

14 CFR §91.109(a)

14 CFR §91.109(a) provides that:

(a) No person may operate a civil aircraft (except a manned free balloon) that is being used 

for flight instruction unless that aircraft has fully functioning dual controls. [...]

Equivalent Level of Compliance

UAS and remotely piloted aircraft, by design, do not have functional dual controls. Flight 

control is accomplished through the use of remote controls that communicate with the 

aircraft via radio communications. Given the size and speed of the UAS in question, an 

equivalent level of safe training can still be performed without dual controls because no 

pilot or passengers are aboard the UAS. Furthermore, all persons will be a safe distance 

away in the event that the UAS experiences any difficulties during flight instruction. 

14 CFR §91.119

14 CFR §91.119 prescribes the minimum safe altitudes under which aircraft may not 

operate. 14 CFR §91.119(d)(1) allows the following of helicopters:

(1) A helicopter may be operated at less than the minimums prescribed in paragraph (b) or 

(c) of this section, provided each person operating the helicopter complies with any routes 

or altitudes specifically prescribed for helicopters by the FAA; and [...]

Equivalent Level of Compliance

Given the small weight of the UAS in question and the lack of flammable fuel, any risk 

associated with these operations is far less than those associated with conventional 

aircraft. An equivalent level of safety will be achieved given the weight and speed of the 

UAS in question.

14 CFR §91.121

14 CFR §91.121 requires that the PIC maintain cruising altitude or flight level by referring 

to an altimeter that is set to the elevation of the departure airport or barometric pressure. 

An exemption is required due to the fact that the UAS does not have a barometric altimeter, 

but rather a GPS altitude read out.

Equivalent Level of Compliance

If the UAS in question will be operated at 400’ AGL or below within VLOS of the PIC, which 

are the operational requirements proposed, then the FAA has stated that the use of GPS 

based altitude information can be considered an equivalent level of safety. A zero altitude 

initiation point will be obtained prior to flight.
10

14 CFR §61.113

14 CFR §61.113 restricts private pilot certificate holders from flying aircraft for hire or 

compensation, and would also require a second class medical certificate. 

Equivalent Level of Compliance

While the PIC hired to assist in this research may hold a private pilot certificate, the UAS 

flown will not carry passengers or cargo. In any circumstance, only a licensed pilot will 

operate as PIC for this operation. 

14 CFR §91.151

An exemption is requested from 14 CFR §91.151. This requires the following fuel 

requirements for flight in VFR condition:

(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 speed—

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

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

(b) No person may begin a flight in a rotorcraft 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 speed, to fly after that for at least 20 

minutes.

Equivalent Level of Compliance

Due to technological restrictions on UAS battery power, it would not be possible to require 

that the UAS in question be able to conduct flight operations while maintaining a power 

reserve of 20 minutes or more. However, the Intelligent Flight Battery technology 

implemented in the DJI Phantom 3 Professional allows the status and remaining length of 

flight to be constantly calculated. Furthermore, the Failsafe operation of the Phantom 3 

Professional ensures that the UAS returns to the takeoff point and lands safely if the 

Intelligent Flight Battery is running low.

14 CFR §91.405(a), §91.407(a)(1), §91.409(a)(2), §91.417(a) and (b)

An exemption is sought from 14 CFR §91.405(a), §91.407(a)(1), §91.409(a)(2), and

§91.417(a) and (b), as these regulations specify maintenance and inspection standards in 

reference to 14 CFR Part 43. An exemption is needed because Part 43 and these sections 

apply only to aircraft with an airworthiness certificate, which the UAS in question will not 

have.
11

Equivalent Level of Compliance

An equivalent level of compliance will be ensured because maintenance and inspections 

will be performed in accordance with the UAS Manufacturer’s Manual. Flights will not be 

conducted unless a flight operations checklist is performed that includes all of the aircraft’s 

components.

Conclusion

As set forth above, ElectriCities of North Carolina, Inc., and North Carolina State University 

seek an exemption pursuant to 14 CFR §11.61 and Section 333 of the FAA Modernization 

and Reform Act of 2012 which will permit the safe operation of a DJI Phantom 3 

Professional for the purpose of conducting scientific research regarding the inspection of 

power distribution systems. By granting this petition, the FAA Administrator will be 

advancing the interests of the public by allowing ElectriCities of North Carolina, Inc., and 

North Carolina State University to safely operate the UAS in question within the NAS.