### 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)

c oncerning operation of an Unmanned Aircraft System pursuant to Section 333

of the FAA Modernization and Reform Act of 2012

A ndrew M. Fusco Vice President, Member Services and Corporate Planning

, E lectriCities 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 7 910 Raleigh, NC 27695

919

- 515

- 5231

s cott_ ferguson@ncsu.edu1



### Table of Contents

Abbreviations

................................ ................................ ................................ ................................ ......................... 2

Publishable Summary

................................ ................................ ................................ ................................ .......... 3

Background of Petition

................................ ................................ ................................ ................................ ....... 3

Basi s for Approval

................................ ................................ ................................ ................................ ................ 4

Benefits to the Public

................................ ................................ ................................ ................................ ........... 6

Regulations from which an Exemption is Requested

................................ ................................ ............. 6

Conclusion

................................ ................................ ................................ ................................ ............................. 112



## 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 Landing3



## 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 photogra phing 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 opera tions 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

pop ulated 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 Stat e University and ElectriCities of North Carolina,

Inc.

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

fr om working in this environment.4



## Basis for Approval

Size , Weight, Speed, and Operational Capability of UAS

Nor th 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 : Speci fications 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 . I t 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 fa ilsafe 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 municipa l 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 o perations.5



### Operation s Restrictions Below is a summary of operation al 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 ve rbally 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 fo r 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 perform ed 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 l icense. The PIC must meet all other flight requ irements 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 pe rimeter 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, t he 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 condi tions (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 testin g 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 p robability 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 exempt ion 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 operati onal capabilities. The UAS weighs only 2.82 pounds and has a maximum flight speed of only 35.8 mile s 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 fo llowing:

(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, appropriate7

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 num ber 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 cert ificate 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, f or 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 PI C 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 experiment al 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

A n 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 request ed in accordance with the previous exemptions requested which, if allowed, will require t hat 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 requi red 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 §9 1.109(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 tra ining 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 para graph (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 a nd 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 barome tric 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 circumsta nce, 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, assumi ng 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 wh ile 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 a n 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. F lights 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 purs uant 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 syst ems. 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.