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) 777-1266
1 

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 inspections 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 related hazards of bucket trucks or conventional aircraft. 

They can also facilitate the safe inspection of hard-to-access or environmentally sensitive areas without the 

use of bucket trucks, helicopters, and other utility vehicles 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 requests 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 success and the approval of this request and the provision 

of the necessary exemptions will enhance worker and public 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 opportunity to partner with a leading electric energy 

provider as it works to develop its rulemaking pursuant 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 and 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 populated areas, on property that is owned or controlled 

by CEMC or is a utility right of way, within the visual line of sight of the operator, and under controlled 

conditions. Accordingly, the requested exemptions satisfy 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. Approval of this Petition is therefore consistent with 

Section 333’s directive to “establish requirements for the safe operation of [unmanned aircraft systems] in 
3 

the national airspace system” if the Secretary of Transportation 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 board of directors elected by the membership. CEMC is 

committed, first and foremost to safety. At CEMC, electric safety is a top priority. Additionally, CEMC is 

focused on the reliability of its system through maintenance and inspection of the existing electrical system 

as well as build-out of additional facilities. Consistent 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 “shall determine if certain unmanned aircraft system 

before completion of the plan and rulemaking [to broadly 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.” Section 333 is also described as a pathway for “expedited operational 

authorization.”3

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, and operation within visual line of sight. In addition, and importantly for this 

Petition, Section 333(b)(2) provides the Administration with 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). Finally, Section 333(c) allows the Administration to 

establish requirements for safe operation of the UAS determined 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 applicant 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 least equal to the rule from which the applicant seeks 

exemption.5

IV. DISCUSSION 

A. APPLICANT’S PROPOSAL SATISFIES THE 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, and 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 Section 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 flammable 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 used 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—enabling 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 for 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 also allow the safe inspection of hard-to-access or 

environmentally sensitive areas without the use of bucket 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 airport reference point (ARP) of a public use airport, 

heliport, gliderport, or seaport that is listed in the Airport/Facility Directory, Alaska Supplement, or Pacific 

Chart Supplement of the U.S. Government 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 heliport 
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Unless a letter of agreement with that airport's management is obtained. Any such letter of 

agreement with airport management shall be made 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 pilots (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 similar 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 communication 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 Guidance 08-01, Unmanned Aircraft Systems Operations in the U.S. National 

Airspace System at 4 (Mar. 13, 2008). 
8 

B. APPLICANT’S PROPOSAL ALSO SATISFIES 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 altitudes, not in proximity to airports 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 exemption 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-autonomous navigation and control system comprised of a 

Ground Control Station and “auto-pilot” system. Automated 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 area. 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 following 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 training 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 characterized by a high degree of control and built-in 

technical capabilities that limit the potential for operation 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 safety features inherent in the sUAS, and the strict 

operating conditions that will apply, CEMC proposes that operators of the sUAS shall be required to have: 

 Proven knowledge of CEMC UAS flight policy (including Mandatory Operating Conditions specified in 

this Petition); 

 Proven working knowledge of safe sUAS operations, 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 Training by Unmanned Safety Institute; and 

 The sUAS shall be insured. 
11 

Applicant is receptive to future regulations and industry guidance on licensing sUAS pilots using training 

and testing that is relevant to operating 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 nonparticipating 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, operations 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 ensure 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, CEMC 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. An 
12 

infrastructure inspection process that is safer and 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 case 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. Applicant’s request, therefore, provides the Administration 

an appropriate vehicle to further Congress’ mandate to expedite integration of UAS. In addition, Applicant’s 

operational experience resulting from the use of sUAS in utility operations may be valuable to the 

Administration in developing comprehensive rules 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 satisfies the criteria for approval under Section 333. In 

addition, Applicant’s proposal meets the requirements and policies for exemptions from Administration 

regulations. CEMC therefore respectfully requests that 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 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, 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. Granting 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) 777-1266 
Appendix 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 for 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 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 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 this 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 operations conducted with airworthiness certificates. 

2. 14 C.F.R. PART 27: AIRWORTHINESS STANDARDS FOR NORMAL CATEGORY 

ROTORCRAFT 

Part 27 sets forth the procedural requirements for airworthiness certification of normal category 

rotorcraft. To the extent the sUAS would otherwise require certification under Part 27, as a rotorcraft, CEMC 
Appendix 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 PILOT CERTIFICATE FOR 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 certificate or authorization - a pilot certificate issued 

under this part and in accordance with §61.19, a special 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 under §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 Inspire-1, low operational altitudes, and CEMC's requirement 

for all operators to complete the Online Small UAS Safety 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 certificate with an expiration date may not, after that 

date, exercise the privileges of that certificate." Exemption 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 certified 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 regulatory standard will exist for determining airworthiness. 

CEMC will, however, maintain the sUASs as directed 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 safety will be achieved by keeping the flight manual 

(specifically, the manufacturer’s user guide) at the 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 Administration-approved Flight Manual on board the aircraft. As 

no Administration-approved Flight Manual will be provided, 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 operate 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 designed 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 aircraft, 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 helicopter to operate at less than those minimum altitudes 

under certain conditions. 

As described above, CEMC will operate the sUAS at altitudes up to 200 feet 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 with these operations is far less than those presently 

presented with conventional aircraft operating at or below 500 AGL. In addition, the low-altitude operations 
Appendix A to Applicant’s Petition for Exemption Page 5 

of the sUAS will ensure separation between these sUAS 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 departure airport or an appropriate altimeter setting available 

before departure.” As the sUAS may not have a barometric altimeter, but instead use GPS technology, CEMC 

requests an exemption from this requirement to the extent it operates sUAS without a barometric altimeter. 

An equivalent level of safety will be achieved by the operator 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 REQUIREMENTS FOR FLIGHT IN VFR CONDITIONS 

Section 91.151(a) prohibits an individual from beginning “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.” 

Applicant requests an exemption from the 30 minutes 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 safety can be achieved by limiting flights to 60 

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 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 the 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 airworthiness certificate will not apply to CEMC if the 

Administration grants Applicant’s request for an exemption 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) states that the owner or operator of an aircraft shall have the aircraft 

inspected as prescribed in the rules and have discrepancies repaired as prescribed in part 43; 14 C.F.R. §§ 

407(a)(1) and 409(a)(2) requires that an aircraft be approved for return to service by a person authorized 

under 14 C.F.R. Section 43.7 after it has undergone maintenance 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 sUAS. Maintenance will be accomplished by the operator 

pursuant to the manufacturer specifications. An equivalent level of safety to existing regulations will be 

achieved because these sUASs are very limited in size, operate only in restricted areas for limited periods of 

time, and carry no flammable fuel. If mechanical issues arise, the sUAS can land immediately and will be 

operating from no higher than 200 feet AGL. As described above, the operator will ensure that the sUAS is in 
Appendix A to Applicant’s Petition for Exemption Page 7 

working order prior to initiating flight, perform a preflight 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 because 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 inspect energy infrastructure and identify problems in the 

delivery of electricity to customers. CEMC proposes that 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.