Applicant’s Petition for Exemption Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012

Applicant:

CEMC, Attn: Mark Cook 1940 Madison Street Clarksville, TN 18101 Phone: (931) 645-2481 Email: mcook@cemc.org Airspace Consultant of Applicant:

Clyde J. Pittman Director of Engineering Federal Airways & Airspace 1423 S. Patrick Dr. Satellite Beach, FL 32937 Phone: (321) 777-12661 

### I. SUMMARY OF PETITION Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (“Section 333”), Cumberland Electric Membership Corporation (CEMC or “Applicant”) hereby respectfully requests expedited approval to use Small Unmanned Aircraft System (“sUAS”) under the terms and conditions described in this Petition for Exemption (“Petition”) to conduct inspections of energy infrastructure. CEMC also requests the exemptions that are necessary to such approval pursuant to 49 U.S.C. § 44701(f), and 14 C.F.R. § 11.81. 1 Applicant seeks to use sUAS to perform visual insp ections of vital energy infrastructure, such as transmission and distribution lines and substations, in order to further the public interest in the safe and reliable delivery of electricity to customers. Small UAS are ideally suited for inspection of energy infrastructure—they can safely, inexpensively, and quickly deliver high-quality photo and video, which eliminates the need for physical inspection and thus speeds the process of trouble-shooting, and ultimately increases the reliability of the electric grid. In particular , sUAS allow for safer operations and inspection of the critical infrastructure. Utility workers would be able to conduct inspections without being in close proximity to high-voltage equipment or subject to the height rela ted hazards of bucket trucks or conventional aircraft. They can also facilitate the safe inspection of hard-t o-access or environmentally sensitive areas without the use of bucket trucks, helicopters, and other utility vehi cles that may have more impact than sUAS. In addition, because of the small size of the craft, there is not the exposure and risk to public safety as with traditional helicopter use. In many cases sUAS can be more efficient and cost effective than traditional

1 As described in Appendix A to this Petition, Applicant re quests an exemption from the following regulations: 14 C.F.R. Part 21;14 C.F.R. Part 27; 14 C.F.R. §§ 45.23(b); 61.3(a)(1); 61.19(a); 91.7(b); 91.9(b)(2); 91.103; 91.109; 91.119; 91.121; 91.151(a); 91.203(a) and (b); 91.319(a)(1); 91.405(a); 91.407(a)(1); 91.409 (a)(2); 91.417 (a) and (b); 91.1501.2 methods, which can help to reduce operations and maintenance costs and, perhaps most importantly, provide a means for faster resolution of any problems on the electric system. A reduction to the overall maintenance costs would be of benefit to the public by being able to pass any reduction of costs directly to the rate payer. The public interest is critical to our su ccess and the approval of this request and the provision of the necessary exemptions will enhance worker and p ublic safety, increase electric system reliability and decrease customer costs. Moreover, approving the requested use would represent a significant step forward in the Federal Aviation Administration’s (“Administration”) efforts to integrate sUAS into the national airspace system. CEMC’s request provides the Administration with an o pportunity to partner with a leading electric energy provider as it works to develop its rulemaking pursu ant to the FAA Reauthorization Act of 2012—while doing so for a compelling public purpose and under strict operational and safety guidelines. Given the uniqueness of Applicant—the company has a diverse geographical a nd environmental footprint and a distinctive resource mix—it is ideally suited to help the Administration understand the potential utility applications for sUAS. CEMC proposes to use sUAS that are rotorcraft, weigh 15 or fewer pounds, operate at a speed of no more than 50 knots, and contain built-in safety features . In addition, CEMC proposes to use the aircraft at low altitudes, not in proximity to airports or densely po pulated areas, on property that is owned or controlled by CEMC or is a utility right of way, within the vi sual line of sight of the operator, and under controlled conditions. Accordingly, the requested exemptions satisf y the applicable statutory criteria and policies, will serve the public interest, will not adversely affect safety, and will provide a level of safety at least equal to the existing airworthiness and related regulations. Appr oval of this Petition is therefore consistent with Section 333’s directive to “establish requirements for the safe operation of [unmanned aircraft systems] in3 the national airspace system” if the Secretary of Tran sportation determines that certain unmanned aircraft systems may operate safely in the national airspace system. 2



### II. APPLICANT BACKGROUND CEMC is a Tennessee based power distributor and services customers in a growing 5 county area. We maintain more than 7,000 miles of distribution facilities and approximately 125 miles of transmission facilities in northern Tennessee. Our mission is to provide dependable, affordable electric service through the expertise and dedication of competent leadership and a well-trained and responsive workforce. CEMC is a cooperative, nonprofit organization governed by a bo ard of directors elected by the membership. CEMC is committed, first and foremost to safe ty. At CEMC, electric safety is a top priority. Additionally, CEMC is focused on the reliability of its system through maintena nce and inspection of the existing electrical system as well as build-out of additional facilities. Consiste nt with CEMC's efforts for providing safe and reliable service to our customers, CEMC seeks to use sUAS to more safely and effectively perform inspections of the electrical infrastructure.



### III. RELEVANT STATUTORY AUTHORITY
A. SECTION 333 Section 333(a) states that the Administration “sha ll determine if certain unmanned aircraft system before completion of the plan and rulemaking [to broa dly integrate UAS into the national airspace] required

2 Section 333(c) of the FAA Modernization and Reform Act of 2012, Pub. L. No. 112-95, 126 Stat 11.4 by Section 332 of this Act.” Se ction 333 is also described as a pathway for “expedited operational authorization.” 3 Section 333(b)(1) outlines the factors that the Admi nistration shall use to determine whether UAS may be operated safely in the national airspace system: size, weight, speed, operational capability, proximity to airports and populated areas, and operation within visual line of sight. In addition, and importantly for this Petition, Section 333(b)(2) provides the Administration wi th the discretion to determine that a certificate of waiver, certificate of authorization, or airworthiness certification is not required to operate UAS that are found to be appropriate under Section 333(b)(1). Fina lly, Section 333(c) allows the Administration to establish requirements for safe operation of the UAS dete rmined to be able to be operated safely in the national airspace system.


### B. SECTION 44701(F) In addition to its specific authority related to authorizing UAS operation under Section 333, the Administration has general authority to grant exemptions from its safety requirements and minimum standards if the Administration finds that the exemption is in the public interest. 4 Administration regulations set forth the information that must be included in the petition for exemption: (1) the applicant’s name and mailing address; (2) the regulations from which the applic ant seeks exemption; (3) the extent of relief sought and why; (4) the reasons why granting the request would be in the public interest and how it would benefit the public as a whole; and (5) the reasons why granting the exemption would not adversely affect safety, or

3 Section 332(b)(1).

4 49 U.S.C. § 44701(f).5 how the exemption would provide a level of safety at le ast equal to the rule from which the applicant seeks exemption. 5



### IV. DISCUSSION
A. APPLICANT’S PROPOSAL SATISFIES TH E SECTION 333 CRITERIA FOR APPROVAL. As described above, Section 333(b)(1) outlines the factors that the Administration shall use to determine whether UAS may be operated safely in the national airspace system: size, weight, speed, operational capability, proximity to airports and populated areas, a nd operation within visual line of sight. Applying the criteria outlined in Section 333(b)(1) and other relevant criteria to this case demonstrates that Applicant’s proposed terms and conditions of operation will result in the sUAS being operated safely in the national airspace system, consistent with Sect ion 333. Based on the small size of the sUAS(s) involved, the low altitude and restricted environment in which they will operate, and the fact that they will be operated within the visual line of sight of the operator, there is more than sufficient basis to find that the sUAS can be operated safely under Applicant’s proposal.



### 1. SIZE, WEIGHT, SPEED, AND OPERATIONAL CAPABILITY Applicant proposes to use small, multi-rotor craft with a maximum take-off weight of 15 pounds or less that are powered by electric batteries and carry no fla mmable fuel or cargo. CEMC anticipates the majority of flights will use much smaller craft—rotorcraft with a maximum takeoff weight of seven pounds, including batteries. Heavier craft (up to 15 pounds) will only be us ed in situations requiring specialized equipment, such as infrared cameras for thermal inspection of power equipment.

5 14 C.F.R. § 11.81.6 The sUAS used by CEMC will have integrated GPS autopilot systems. The integrated GPS autopilots provide stable, precise flight, and stable hovering—ena bling field workers to focus on situational awareness ( e.g., proximity to high voltage equipment) and safety of themselves and the public. In addition, the GPS autopilot system provides an automatic return to home capability in the unlikely case of signal loss with the operator. These small, multi-rotor craft are ideally suited fo r inspection of power lines, generating plants, and other power-related infrastructure because they deliver high-quality photo and video more efficiently and cost effectively than traditional methods. They al so allow the safe inspection of hard-to-access or environmentally sensitive areas without the use of bucke t trucks and other utility vehicles. Overall, sUAS can provide significant benefits over traditional energy infrastructure inspection methods to utility workers and
customers.


### 2. PROXIMITY TO AIRPORTS/POPULATED AREAS Applicant will avoid operating the sUAS over densely populated areas. In addition, all operations shall remain more than the following distances from the ai rport reference point (ARP) of a public use airport, heliport, gliderport, or seaport that is listed in the Ai rport/Facility Directory, Alaska Supplement, or Pacific Chart Supplement of the U.S. Governme nt Flight Information Publications:

 Five nautical miles from an airport with a control tower,

 Three nautical miles from an airport with published instrument flight procedures but no control tower,

 Two nautical miles from an airport with no control tower and no published instrument flight procedures, and

 Two nautical miles from a heliport7 Unless a letter of agreement with that airport's management is obtained. Any such letter of agreement with airport management shall be ma de available to the Administrator or any law enforcement upon request. The sUAS will be operated at low altitudes of 200 feet above ground level (AGL) or less—much lower than the airspace in which manned vehicles operate and lower than the altitude at which hobby aircraft fly. Finally, all operations will occur over utility property or utility right of way. In addition, CEMC’s flights will likely occur in airspace that is subject to a Notice to Airmen (“NOTAM”). The Administration has issued a standing notice to pilo ts (FDC 4/0811 SPECIAL NOTICE) to avoid loitering in the “airspace above, or in proximity to, sites such as nuclear power plants, power plants, dams, refineries, industrial complexes, military facilities, and other sim ilar facilities.” This NOTAM should further limit the potential interaction of any flights near CEMC power transmission facilities.



### 3. VISUAL LINE OF SIGHT CEMC will operate the sUAS during daylight hours, in good weather, and within the operator’s line of sight. In addition, the operator will be accompanied by a trained spotter, who also will be positioned in line of sight of the aircraft and will be in constant communi cation with the operator to identify and alert the operator to any potential obstacles. This eliminates the need for other “sense and avoid” capabilities during operation, as well as the need for any method of air traffic control communications. 6

6 See Interim Operational Approval Gui dance 08-01, Unmanned Aircraft System s Operations in the U.S. National Airspace System at 4 (Mar. 13, 2008).8 

### B. APPLICANT’S PROPOSAL ALSO SATISFI ES THE STANDARD FOR EXEMPTION UNDER SECTION 44701 AND 14 C.F.R. § 11.81.
1. GRANTING APPLICANT’S REQUEST WOULD NOT ADVERSELY AFFECT SAFETY AND WOULD PROVIDE A LEVEL OF SAFETY AT LEAST EQUAL TO EXISTING RULES. Granting CEMC’s Petition will not adversely affect safety. Applicant’s proposed terms and conditions of operation would provide a level of safety at least equal to existing rules. As discussed above with respect to Section 333(b)(1) criteria, the size, weight, speed, and operational capability of the sUAS that will be used in the proposed operations indicate that the aircraft can be operated safely in the national airspace system. Moreover, the aircraft will be operated at low altitude s, not in proximity to airp orts or densely populated areas, and within the visual line of sight of the operator and spotter. In addition, CEMC proposes the following conditions to ensure that the requested exemptio n would result in a level of safety at least equal to the rules from which CEMC is seeking an exemption.



### A. SAFETY SYSTEMS Applicant will use sUAS that have a semi-autonomou s navigation and control system comprised of a Ground Control Station and “auto-pilot” system. Automa ted safety functions and safety enhancing features of the sUAS that CEMC will use include the following:



###  Dynamic Home Point: When GPS signal is available, the Home Point automatically refreshes.



###  Auto-Takeoff and Landing



###  Flight Telemetry: Visible information needed to fly safely - Altitude, flight speed, distance, etc.



###  The DJI Inspire 1 battery allows for flight times not to exceed 18 minutes.



###  No Fly Zones :
o Airport: Comprised of takeoff restricted zones and restricted altitude zones. Takeoff restricted areas allow for no takeoff by the UAS, flight is prevented. Restricted altitude areas, flight is limited on a 15° incline for the radius of the restricted area plus 1 mile. 320 feet away from a no fly zone, the operator will receive a warning message.
o Restricted : Consists only of a takeoff restricted ar ea. These areas allow for no takeoff by the UAS, flight is prevented. There is a warning zone that is set around each restricted area. When the UAS is within 1 km of the restricted zone, a warning message will appear to the operator.9 

### B. MANDATORY OPERATING CONDITIONS In addition to the safety features described above, CEMC proposes that its exemption be subject to the following mandatory conditions to ensure safe operation:

 Operations will avoid densely populated areas.

 Operations will be conducted over property that is owned or controlled by CEMC or is a utility right of way.

 Maximum total operation time for each flight will be 60 minutes. Flights will be terminated at 25% battery power reserve, should that occur before this time limit.

 Operations will occur during Visual Flight Rules Meteorological Conditions.

 Aircraft to remain within Visual Line of Sight (“ VLOS”). VLOS will be guaranteed with a cylinder of operation around operator of 1⁄2 nautical miles.

 Operations will occur during daylight hours.

 Flights will be operated at an altitude of no more than 200 feet Above Ground Level (“AGL”).

 All operations to remain more than the fo llowing distances from public use airports:

o Five nautical miles from an airport with a control tower,

o Three nautical miles from an airport with no control tower but published instrument flight procedures,

o Two nautical miles from an airport with not control tower and no published instrument flight procedures, and

o Two nautical miles from a heliport Unless a letter of agreement with that airport's management is obtained. Any letter of agreement with airport management shall be made available upon request.

 Operators and spotters will meet the operator tr aining and certification requirements proposed below:10 o Operators and spotters will be in communication at all times.

o Operator will perform required maintenance per the manufacturer’s recommendations and keep a log of any maintenance performed.

o Operator will perform any safety checks specified in the manufacturer’s user guide prior to each flight.



### C. OPERATOR TRAINING AND CERTIFICATION As discussed above, the sUAS CEMC will use are char acterized by a high degree of control and built-in technical capabilities that limit the potential for operat ion outside the operating conditions set forth in this Petition. Moreover, the mandatory operating conditions (maximum altitude, proximity to airfields, visual line of sight) minimize any potential weather impact and interactions with other aircraft. Situational awareness around high-voltage equipment, a thorough working knowledge of the sUAS, and strict adherence to corporate sUAS flight policy are key to safe sUAS operations. Given the significant differences between sUAS and piloted aircraft, the safe ty features inherent in the sUAS, and the strict operating conditions that will apply, CEMC proposes th at operators of the sUAS shall be required to have:

 Proven knowledge of CEMC UAS flight policy (inc luding Mandatory Operating Conditions specified in this Petition);

 Proven working knowledge of safe sUAS operatio ns, flight characteristics, safety features, GPS/Battery Status indicators, and emergency procedures;

 Utility knowledge regarding safe operations around high voltage power lines, substation equipment, and power plants;

 A valid driver’s license;

 Pass the Online Small UAS Safety Awareness Tr aining by Unmanned Safety Institute; and

 The sUAS shall be insured.11 Applicant is receptive to future regulations and industr y guidance on licensing sUAS pilots using training and testing that is relevant to oper ating sUAS in a limited flight area.



### D. PRIVACY CONSIDERATIONS Applicant will not operate sUAS in any way that may invade personal privacy and will comply with any federal, state, or local privacy laws that may apply in areas where CEMC operates sUAS. In addition, as a practical matter, flights will occur over utility property or utility right of way, so privacy is unlikely to be a concern in relation to Applicant’s proposed use. All operations will be conducted at least 500 feet from all nonparticipat ing persons, vessels, vehicles, and structures. If a barrier or structure is present that will sufficiently protect any nonparticipants from the UAS or any debris in the event of an accident, operatio ns may be conducted within the 500 foot limit. If any nonparticipants leave such protected areas and are located within the 500 foot buffer area, all UAS operations shall cease immediately in order to ensu re the safety of the nonparticipating persons. In the event the UAS will need to be flown closer than 500 feet to any vessel, vehicle, or structure permission shall be obtained prior to the commencement of operations. Permission shall also be obtained prior to any operations that will be conducted over property that is not utility property or utility right of way.



### 2. GRANTING APPLICANT’S REQUEST WOULD BE IN THE PUBLIC INTEREST AND WOULD BENEFIT THE PUBLIC AS A WHOLE. Allowing the requested use will provide significant benefits to the public, CE MC customers, and CEMC employees. Using sUAS to inspect energy infrastructure can be safer and more efficient than traditional methods of infrastructure inspection, such as the use of helicopters and bucket trucks. The increased safety and efficiency of using sUAS to inspect infrastructure following significant weather events is especially important to CEMC, which serves 90,000 customers in Tennessee, where storms occur with frequency. An12 infrastructure inspection process that is safer a nd more efficient can help to lower operations and maintenance costs and more quickly resolve problems in the delivery of electricity, both of which will benefit
customers. Moreover, the requested use presents a compelling ca se for the Administration moving forward with efforts to integrate sUAS into the national airspace system as required by Section 333. The public has a significant interest in efficient and safe inspection of energy infrastructure to ensure reliable delivery of power, and CEMC has proposed using sUAS to further this public interest in a way that is at least as safe as operation of aircraft under existing regulations. Applic ant’s request, therefore, provides the Administration an appropriate vehicle to further Congress’ mandate to ex pedite integration of UAS. In addition, Applicant’s operational experience resulting from the use of sU AS in utility operations may be valuable to the Administration in developing comprehensive ru les governing sUAS for the electric industry.



### C. DESCRIPTION OF RELIEF SOUGHT AND REGULATIONS FROM WHICH EXEMPTION IS REQUESTED Based on the foregoing, Applicant’s proposal satisf ies the criteria for approval under Section 333. In addition, Applicant’s proposal meets the requirement s and policies for exemptions from Administration regulations. CEMC therefore respectfully requests th at the Administration grant exemptions from the regulations set forth in Appendix A to this Petition. 7

7 Applicant has attempted to identify the applicable regulations for wh ich an exemption is required for the proposed use. To the extent that the Administration de termines that any other safety regulations might apply to Applicant’s proposed use, Applicant further requests that this Petition be deemed to seek an exemption from those requirements.13 

### V. CONCLUSION For the reasons discussed above, CEMC satisfies the relevant criteria for approval under Section 333 and exemptions from referenced regulations pursuant to Section 44701(f). Accordingly, CEMC respectfully requests that the Administration grant the relief requested in this Petition to allow the use of sUAS for the purposes and under the conditions set forth herein. Gran ting this Petition will not only further Congress’ instruction to expedite the safe integration of UAS into the national airspace system, but will also further the significant public interest in the safe and reliable delivery of electricity to customers.

September 15, 2015 Respectfully submitted,

_____________________________ Clyde J. Pittman Director of Engineering Federal Airways & Airspace 1423 S. Patrick Dr. Satellite Beach, FL 32937 Phone: (321) 777-1266Appendix A to Applicant’s Petition for Exemption Page 1 

### APPENDIX A: REGULATIONS FROM WHICH EXEMPTION IS REQUESTED Applicant has attempted to identify the applicable regulations for which an exemption is required for the proposed use. To the extent that the Administration determines that any other safety regulations might apply to Applicant’s proposed use, CEMC further requests that this Petition be deemed to seek an exemption from those requirements.



### 1. 14 C.F.R. PART 21: AIRWORTHINESS CERTIFICATION Part 21 establishes procedural requirements fo r certifications under Section 44704, including airworthiness certificates. Both Sections 333 and 44701(b) authorize the Administration to exempt aircraft from airworthiness certification under this Part based upon consideration of its size, weight, speed, operational capability, and proximity to airports and populated areas. See Section 333.
An analysis of these criteria demonstrates th at 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 aircraft operating with an airworthiness certificate without the restrictions and conditions proposed.
The sUASs CEMC will use are 15 pounds or less, carry no pilot or passengers, and carry no explosive materials or flammable liquid fuels. Operations under th is exemption will be tightly controlled and monitored by the operator and spotter. These safety enhancements provide at least the same degree of safety to the public and property owners than conventional oper ations conducted with airworthiness certificates.



### 2. 14 C.F.R. PART 27: AIRWORTHINESS STANDARDS FOR NORMAL CATEGORY ROTORCRAFT Part 27 sets forth the procedural requirements fo r airworthiness certification of normal category rotorcraft. To the extent the sUAS would otherwise requi re certification under Part 27, as a rotorcraft, CEMCAppendix A to Applicant’s Petition for Exemption Page 2 requests an exemption from Part 27’ s airworthiness standards for the same reasons identified above with respect to Part 21 requirements.


### 3. 14 C.F.R. § 45.23(B): MARKING REQUIREMENTS Section 45.23(b) requires that on limited, restricted, or light-sport category aircraft, or experimental or provisionally certificated aircraft, markings indicating the aircraft category must be displayed in letters not less than two inches nor more than six inches high “near each entrance to the cabin, cockpit, or pilot station.” Exemption from 14 C.F.R. § 45.23(b) is warranted because the aircraft has no entrance to the cabin, cockpit, or pilot station on which the required marking can be displayed. CEMC requests an exemption to 14 C.F.R. § 45.23(b)’s marking requirements and proposes instead to display markings to the fullest extent possible in compliance with the location requirements of 14 C.F.R. § 45.27(a) and the size requirements of 14 C.F.R. § 45.29(f).


### 4. 14 C.F.R. § 61.3(A)(1): REQUIRED PI LOT CERTIFICATE FO R OPERATING CIVIL AIRCRAFT OF THE UNITED STATES Section 61.3(a)(1) requires that "no person may serve as a required pilot flight crewmember of a civil aircraft of the United States, unless that person has in the person's possession or readily accessible in the aircraft when exercising the privileges of that pilot ce rtificate or authorization - a pilot certificate issued under this part and in accordance with §61.19, a spec ial purpose pilot authorization issued under §61.77, a temporary certificate issued under §61.17, a document conveying temporary authority to exercise certificate privileges issued by the Airmen Certification Branch un der §61.29(e), or when operating an aircraft within a foreign country, a pilot license by that country may be used." Exemption from 14 C.F.R. § 61.3(a)(1) is warranted due to the safety features of the DJI Inspir e-1, low operational altitudes, and CEMC's requirement for all operators to complete the Online Small UAS Safe ty Awareness Training by Unmanned Safety Institute.Appendix A to Applicant’s Petition for Exemption Page 3 

### 5. 14 C.F.R. § 61.19(A): DURATION OF PILOT AND INSTRUCTOR CERTIFICATES Section 61.19(a) requires that "the holder of a certif icate with an expiration date may not, after that date, exercise the privileges of that certificate." Ex emption from 14 C.F.R. § 61.19(a) is warranted because operators will not be subject to the requirement of a FAA license pilot. This is due to the safety features of the DJI Inspire-1 and CEMC's requirement for all operators to complete the Online Small UAS Safety Awareness Training by Unmanned Safety Institute in lieu of a FAA certif ied pilot. CEMC will require all sUAS operators to complete a continuing education course on small UAS safety every two years.


### 6. 14 C.F.R. § 91.7(A): CIVIL AIRCRAFT WORTHINESS Section 91.7(a) requires that no person may operate a civil aircraft unless it is in airworthy condition. If the Administration grants Applicant’s request for exemption from the requirement to obtain an airworthiness certificate, no Administration regulato ry standard will exist for determining airworthiness. CEMC will, however, maintain the sUASs as direct ed by the manufacturer and conduct any recommended safety checks prior to each flight.


### 7. 14 C.F.R. § 91.9(B)(2): CIVIL AIRCRAFT FLIGHT MANUAL IN THE AIRCRAFT Section 91.9(b)(2) prohibits a person from operating a civil aircraft “[f]or 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 the size and configuration of the sUAS(s) CEMC will use, it is not possible to carry such a flight manual on the aircraft. The equivalent level of safe ty will be achieved by keeping the flight manual (specifically, the manufacturer’s user guide) at th e ground control point where the operator will have immediate access to it.Appendix A to Applicant’s Petition for Exemption Page 4 

### 8. 14 C.F.R. § 91.103: PREFLIGHT ACTION Section 91.103 requires a pilot in command to become familiar with specific information before each flight, including information contained in the Administra tion-approved Flight Manual on board the aircraft. As no Administration-approved Flight Manual will be pr ovided, CEMC requests an exemption from this requirement. The operator would, however, become familiar with the manufacturer’s user guide.


### 9. 14 C.F.R. §§ 91.109, 91.319(A)(1): FLIGHT INSTRUCTION These regulations provide that no person may oper ate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has fully functioning dual controls. The sUAS(s) CEMC will use are remotely-piloted aircraft and design ed without fully functioning dual controls. Flight control is accomplished through the use of a control box that communicates with the aircraft via radio communications. The equivalent level of safety provided by the fact that neither a pilot nor passengers will be carried in the aircraft, by the size and speed of the ai rcraft, and the safety features of the aircraft that limit the potential for operation outside the operating conditions set forth in this Petition.


### 10. 14 C.F.R. § 91.119: MINIMUM SAFE ALTITUDES Section 91.119(c) 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 noncongested areas. Section 91.119(d)(1) allows for a helicop ter to operate at less than those minimum altitudes under certain conditions.
As described above, CEMC will operate the sUAS at altitudes up to 200 f eet AGL, and therefore requests an exemption from the 500-foot minimum altitude. Given the size, weight, and speed of the sUAS and the lack of flammable fuel, any risk associated wi th these operations is far less than those presently presented with conventional aircraft operating at or below 500 AGL. In addition, the low-altitude operationsAppendix A to Applicant’s Petition for Exemption Page 5 of the sUAS will ensure separation between these sU AS operations and the operations of conventional aircraft that must generally operate above 500 feet.


### 11. 14 C.F.R. § 91.121: ALTIMETER SETTINGS Section 121 requires each person operating an aircraft to maintain cruising altitude by reference to an altimeter that is set “to the elevation of the depart ure airport or an appropriate altimeter setting available before departure.” As the sUAS may not have a barome tric altimeter, but instead use GPS technology, CEMC requests an exemption from this requirement to the exte nt it operates sUAS without a barometric altimeter. An equivalent level of safety will be achieved by the op erator confirming the acquisition of GPS signals and an initial ground level altitude of zero prior to take off.


### 12. 14 C.F.R. § 91.151(A): FUEL REQUIREM ENTS FOR FLIGHT IN VFR CONDITIONS Section 91.151(a) prohibits an individual from beginni ng “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 af ter that for at least 45 minutes.”
Applicant requests an exemption from the 30 mi nutes of reserve fuel requirement. Given the limitations on flight locations and operations set forth in this Petition, a longer time frame for flight is reasonable. Operating the sUAS in a tightly controlled area 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 sUAS. Applicant proposes that an equivalent level of sa fety can be achieved by limiting flights to 60 minutes or 25% of battery power, whichever happens firs t. This restriction would be more than adequate to return the sUAS to its planned landing zone from anywhere in its limited operating area.Appendix A to Applicant’s Petition for Exemption Page 6 

### 13. 14 C.F.R. § 91.203(A) AND (B): CARRYING CIVIL AIRCRAFT CERTIFICATION AND REGISTRATION Section 91.203 requires a civil aircraft to have “within it ... [a]n appropriate and current airworthiness certificate” that must be “displayed at th e cabin or cockpit entrance so that it is legible to passengers or crew.” As discussed above with respect to Section 91.9(b)(2) requiring the aircraft to carry a flight manual, the physical characteristics of sUAS are such that there is no ability or place to carry registration documents or to display them on the sUAS. An equivalent level of safety will be achieved by keeping registration documents at the ground control point where the operator will have immediate access to them. Moreover, the requirement to carry airwor thiness certificate will not apply to CEMC if the Administration grants Applicant’s request for an ex emption from this requirement, as requested above.


### 14. 14 C.F.R. §§ 91.405(A); 91.407(A)(1); 91.409(A)(2); 91.417(A) AND (B): MAINTENANCE INSPECTIONS These regulations specify maintenance and inspection standards in reference to 14 C.F.R. Part 43. Specifically, 14 C.F.R. § 91.405(a) stat es that the owner or operator of an aircraft shall have the aircraft inspected as prescribed in the rules and have discrepanc ies repaired as prescribed in part 43; 14 C.F.R. §§ 407(a)(1) and 409(a)(2) requires that an aircraft be appr oved for return to service by a person authorized under 14 C.F.R. Section 43.7 after it has undergone ma intenance or receives an annual inspection; and 14 C.F.R. § 417 requires an owner or operator of an aircraft to maintain specific types of maintenance records, including signatures of the person authorized to approve the aircraft’s return to service.
Given that these sections and Part 43 apply only to aircraft with an airworthiness certificate, these sections will not apply to Applicant’s operation of sU AS. Maintenance will be accomplished by the operator pursuant to the manufacturer specifications. An equivale nt level of safety to existing regulations will be achieved because these sUASs are very limited in size, op erate only in restricted areas for limited periods of time, and carry no flammable fuel. If mechanical issu es arise, the sUAS can land immediately and will be operating from no higher than 200 feet AGL. As describe d above, the operator will ensure that the sUAS is inAppendix A to Applicant’s Petition for Exemption Page 7 working order prior to initiating flight, perform a pref light safety checklist, perform required maintenance, and keep a log of any maintenance performed. Moreover , 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.


### 15. 14 C.F.R. § 91.1501: CONTINUED AIRWORTHINESS Section 91.1501(a) “requires operators to support the continued airworthiness of each airplane.” CEMC requests an exemption from this regulation beca use the sUAS will not be subject to an airworthiness certificate.Appendix B to Applicant’s Petition for Exemption Page 1 

### APPENDIX B: SUMMARY SUITABLE FOR PUBLICATION IN THE FEDERAL REGISTER Applicant petitions the Federal Aviation Administration for relief from compliance with 14 C.F.R. Part 21; 14 C.F.R. Part 27; 14 C.F.R. §§ 45.23(b); 61.3(a)(1); 61.19(a); 91.7(a); 91.9(b)(2); 91.103; 91.109; 91.119; 91.121; 91.151(a); 91.203(a) and (b); 91.319(a)(1); 91.405(a); 91.407(a)(1); 91.409 (a)(2); 91.417 (a) and (b); 91.1501 for purposes of operating small unmanned aircraft 15 pounds or less on property that is owned or controlled by CEMC or in utility right of way to inspec t energy infrastructure and identify problems in the delivery of electricity to customers. CEMC proposes th at its operation be subject to the operating conditions and safety standards set forth in the petition in lieu of the above-referenced regulations in order to provide a level of safety equivalent to those regulations.