1

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC

Docket No. FAA-2015-____

In the Matter of Petition for Exemption of:

AMERICAN ELECTRIC POWER SERVICE CORPORATION

For an Exemption from the requirements of the

Code of Federal Regulations Sections

Concerning operation of an Unmanned Aircraft System

Pursuant to Section 333 of the

FAA Modernization and Reform Act of 2012
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CONTENTS

I. SUMMARY OF PETITION ...................................................................................................... 3

II. AEP’S DESCRIPTION ........................................................................................................... 4

III. PROPOSED OPERATIONS ..................................................................................................... 6

IV. RELEVANT AUTHORITY TO AEP’S EXEMPTION REQUEST................................................ 8

V. QUALIFICATION FOR APPROVAL UNDER SECTION 333 OF THE REFORM ACT ................. 9

VI. REGULATIONS FROM WHICH EXEMPTION IS REQUESTED.............................................. 11

VII. PUBLIC INTEREST.............................................................................................................. 16

VIII. PRIVACY ............................................................................................................................ 16

IX. FEDERAL REGISTER SUMMARY......................................................................................... 17

X. SUMMARY OF ATTACHMENTS........................................................................................... 17

XI. CONCLUSION ..................................................................................................................... 18
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I. SUMMARY OF PETITION

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

Act”) 1and 14 C.F.R. 11, American Electric Power Service Corporation (“AEP”), a wholly

owned subsidiary of American Electric Power Company, Inc. (“American Electric Power”),

hereby applies for an exemption from Federal Aviation Regulations (“FARs”) identified below,

to allow commercial operation of small unmanned aerial vehicles (i.e. small unmanned aircraft

systems or “sUAS”).

AEP seeks to use sUAS for aerial data acquisition, including video and still photography,

inspections, surveys and patrols of electric transmission/distribution facilities, electric power

generating plants, and associated lands and infrastructure that AEP owns, controls, or to which it

has access, in order to further the public interest in the safe and reliable delivery of electricity to

customers and to facilitate the production of internal and external communication products. 

Small UAS are ideally suited for inspection of energy infrastructure—they can inexpensively,

safely, 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 allows utility workers to conduct inspections

without being in close proximity to high-voltage equipment or subject to the hazards of working

at height. 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, in many cases

sUAS can be more efficient and cost effective than traditional 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. In short, approval of this request and the

provision of the necessary exemptions will increase electric system reliability, decrease customer

costs, and enhance worker safety.

 

1

 Codified at 49 U.S.C. § 40101, as amended by Pub. L. 112-95 Feb. 14, 2012, 126 Stat. 11.
4

AEP proposes to use sUAS that weigh less than 55 pounds, operate at a speed of no more

than 87 knots under normal weather conditions, and contain built-in safety features. AEP

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 AEP or on property that AEP has access rights,

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 the national airspace system” if the Secretary of Transportation determines

that certain unmanned aircraft systems may operate safely in the national airspace system.2

The specific sUAS to be operated by AEP under this exemption include the DJI Phantom

2 (approved for flight under Exemption 11138), DJI Phantom 3 (approved for flight under

Exemption No. 13807), the DJI S800 EVO, DJI S900, DJI S1000, DJI S1000+ (approved for

flight under Exemption No. 13813), Precision Drones Pacesetter (approved under Exemption No.

11316), the 3DRobotics Solo (approved for flight under Exemption No. 13814) and the

Microdrones md4-1000 (approved for flight under Exemption No. 11171 and 11171A). A

preflight safety risk assessment, and all necessary pre-flight inspections, maintenance, and

repairs, will be conducted in accordance with the sUAS manufacturer’s manuals (“sUAS

Manufacturer Manual”) relevant to each sUAS listed above.

II. AEP’S DESCRIPTION

American Electric Power is a public utility holding company that owns common stock of

nine operating electric utility companies and the common stock of AEP Utilities, Inc., which in

turn owns common stock of two operating electric utility companies. American Electric Power

also owns the common stock of AEP and other domestic and foreign subsidiaries. AEP, the

petitioner herein, is a management, professional and technical services organization that provides

 

2

Section 333(c) of the FAA Modernization and Reform Act of 2012, Pub. L. No. 112-95, 126 Stat 11.
5

such services to American Electric Power, the operating electric utility companies in the

American Electric Power system, and other affiliated companies.

The requested exemptions would permit AEP, and its subsidiaries, to conduct UAS

flights using the sUAS identified herein for the purposes of conducting aerial data acquisition,

including video and still photography, inspections, surveys and patrols of electric transmission,

distribution, and generation-related facilities, including transmission and distribution structures

and lines, substations, generation properties, rights-of-way, fiber optic lines, cell and microwave

towers, proposed utility infrastructure sites, and other similar and associated utility assets and

properties (referred to herein as “Utility Infrastructure”). sUAS technology has the potential to

enhance AEP’s ability to survey more Utility Infrastructure faster, safer, and more efficiently

than it can using existing methods on foot, in motor vehicles, or using manned helicopters or

other low flying aircraft, resulting in improved reliability for electrical services for AEP

customers.

As described more fully within the petition, the sUAS operations under this exemption

will be subject to strict operating requirements and conditions to ensure at least an equivalent

level of safety to currently authorized operations using manned aircraft and under conditions as

may be modified by the FAA as required by Section 333. The sUAS will be operated under

controlled conditions by qualified operators who will possess at least a private, recreational, or

sport pilot certificate and will have completed the training requirements set forth in the sUAS

flight operations manual (“Flight Operations Manual”) that will govern AEP’s sUAS operations3

These sUAS will be flown at low altitudes in airspace that is limited in scope, as described more

fully herein. The sUAS operations will not be conducted in a way that violates reasonable

expectations of privacy or applicable federal, state or local laws.

 

3

 Attached hereto is the Flight Operations Manual, prepared by AEP’s consultant that will govern AEP’s operations

under this exemption request. The current version of the Flight Operations Manual makes reference to the MD4-

1000, one of the sUAS subject to this exemption request, and will be expanded to cover the additional sUAS for

which an exemption is being sought. AEP submits this Flight Operations Manual as a confidential document under

14 C.F.R. § 11.35(b), as the Flight Operations Manual contains confidential commercial and proprietary information

AEP has not and will not share with others. The Flight Operations Manual contains operating conditions and

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

5 U.S.C. § 552.
6

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

information in support of its petition of exemption:

The name and address of AEP’s representative is:

Anthony J. Swaneck, Sr. Counsel

American Electric Power Service Corporation

1 Riverside Plaza

Columbus, Ohio 43215

E-mail: ajswaneck@aep.com

III. PROPOSED OPERATIONS

The safety and efficiency of utility operations is heavily dependent upon constant

analysis of Utility Infrastructure and other relevant company assets and facilities. There are a

wide variety of factors that can affect conditions and cause problems for Utility Infrastructure.

Even relatively small objects or minor failures can lead to accidents or other incidents causing

downtime of utility service. Damage to Utility Infrastructure by extreme weather, vegetation,

natural disasters, theft, and vandalism are among the many risks faced by companies providing

utility services.

As such, AEP employees routinely inspect Utility Infrastructure. At present, this work is

done primarily by personnel in manned aircraft, motor vehicles, on foot, or in specialized

equipment. These are often labor-intensive and sometimes difficult tasks.

While AEP does all it can do to make these inspections as safe as possible, there is an

element of risk involved whenever employees are required to inspect, survey and/or patrol Utility

Infrastructure. Employees may need to climb over or onto structures, ladders, etc. which can be

slippery, rough, and/or exposed to the elements. Employees may need to conduct inspections in

close proximity to high-voltage equipment or subject to the hazards of working aloft. While the

use of sUAS for supplemental infrastructure and general asset evaluation would not eliminate

these risks entirely (as it is an additive safety measure), it would reduce the risks to employees by

allowing for remote aerial data acquisition. 
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AEP’s proposes the following constraints and limitations for sUAS operations which

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

regulatory guidelines:

1. The sUAS will weigh less than 55 lbs including payload and instrumentation.

2. Flights will be operated within visual line of sight of the sUAS pilot.

3. Maximum total flight time for each operational flight will be 40 minutes. Flights will

be terminated at 20% battery power reserve should that occur prior to the 40-minute

limit.

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

conducted within navigable controlled airspace without prior written authorization

from the FAA or local airport authorities. AEP, the PIC, or the VO will provide

notification to, and obtain any necessary permissions from, the local Flight Standards

District Office and airport controller of all operations within 5 miles of an airport.

5. Minimum crew for each operation will consist of a Pilot In Command (PIC) and an

Visual Observer (VO). The PIC will be an FAA-licensed and certified pilot with a

commercial, private, recreational, or sport pilot certificate, and a valid driver’s license

or a third class medical certificate.

6. A briefing will be conducted in regard to the planned sUAS operations prior to each

day’s flight activities. It will be mandatory that all personnel who will be performing

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

7. The PIC will be trained in operation of sUAS generally and will have received up-todate information on the particular sUAS to be operated as required in the Flight

Operations Manual. The PIC will be responsible for regular continuing training to

ensure proficiency.

8. The PIC will at all times be able to communicate with any Visual Observers.

9. If the sUAS loses communications or loses its GPS signal, the sUAS will have

capability to return to a pre-determined location and land under pilot’s control.

10. The sUAS will have the capability for the PIC to abort a flight in case of

unpredictable obstacles or emergencies.

11. Every flight will be recorded and documented in a flight log.
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12. The sUAS Operations will occur over controlled-access or private property or right of

way where AEP owns, controls, or has access to or public right of way.

13. The PIC will conduct a preflight safety risk assessment before every flight to

determine that the sUAS is in a condition for safe flight. In addition, the PIC will

conduct all necessary pre-flight inspections, maintenance, and repairs, in accordance

with the sUAS Manufacturer Manual.

IV.RELEVANT AUTHORITY TO AEP’S EXEMPTION REQUEST

This petition for exemption is submitted to advance Congress’ goal of integrating sUAS

safely into the National Airspace System (“NAS”). In the Reform Act, Congress directed the

FAA “to safely accelerate the integration of civil unmanned aircraft systems in the national

airspace system,” and, under Section 333 of that law, directed the Secretary of Transportation to

consider whether certain unmanned aircraft systems may operate safely in the NAS before

completion of the rule making required under Section 332 of the Reform Act.4

In making this determination, the Secretary of Transportation, acting through the FAA

Administrator, is required to determine which types of sUAS do not create a hazard to users of

the NAS or the public or pose a threat to national security in light of the following:

• The sUAS size, weight, speed, and operational capability;

• Operation of the sUAS in close proximity to airports and populated areas; and

• Operation of the sUAS within visual line-of-sight of the operator.5

If the Secretary determines that such vehicles “may operate safely in the National

Airspace System, the Secretary shall establish requirements for the safe operation of such aircraft

in the National Airspace System.”6

 

4

 Reform Act, supra note 1. 

5

 Id. at § 333(b)(1).

6

 Id. § 333(c)(emphasis added).
9

The FAA Administrator has general authority to grant exemptions from FAA safety

regulations and minimum standards when the Administrator decides a requested exemption is in

the public interest. 7 A party requesting an exemption must explain the reasons why the

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

how it would provide a level of safety at least equal to the existing rules.8 Therefore, AEP will

demonstrate how the proposed sUAS Utility Infrastructure inspection will benefit the public and

that the proposed operation will not adversely affect public safety or the safety of those operating

in the NAS.

V. QUALIFICATION FOR APPROVAL UNDER SECTION 333 OF THE REFORM ACT

A. AEP’s Proposed Usage Does not Create a Hazard to Users of the NAS or the Public

Because of the Reduced Size, Weight, Speed, and Operational Capability of the

sUAS.

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

under Section 333 of the Reform Act. Each of the statutory criteria and other potential relevant

factors are satisfied. In addition, AEP’s petition for exemption is fully consistent with other

exemptions granted by the FAA under Section 333 of the Reform Act.

The proposed operations would permit use of small and relatively inexpensive sUAS

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

as to access.

AEP proposes to use sUAS weighing less than 55 pounds, including power source,

payload and instrumentation. It operates under normal weather conditions at a speed of no more

than 87 knots. AEP will operate sUAS in line-of-sight only and at least 500 feet from all

nonparticipating persons, vessels, vehicles, and structures unless:

 

7

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

prescribed pursuant to section 44701 (a) - (b) and sections 44702-44716).

8

 See 14 C.F.R. § 11.81; FAA, Petition for Exemptions.
10

a. Barriers or structures are present that sufficiently protect nonparticipating persons

from the aircraft or debris in the event of an accident; or

b. The owner/controller/operator of any vessels, vehicles or structures has granted

permission for operating closer to those objects and the Pilot in Command (PIC) has

made an assessment of the risk of operating closer to those objects and determined

that it does not present an undue hazard.

Given the small size of the sUAS involved and the restricted environment within which it

will operate, this petition for exemption falls squarely within that zone of safety in which

Congress envisioned that the FAA must, by exemption, allow commercial operations of sUAS to

commence immediately.

B. AEP’s Proposed Usage Will Facilitate the Safe Inspection of Utility Infrastructure

Critical to Utility Operations, and the Specific Exemptions Sought Will Provide an

Equivalent Level of Safety Compliance.

AEP’s proposed usage does not create a hazard to users of the NAS or the public because

of the restricted and typically remote area in which the sUASs will operate. In regards to

specific requests the FAA has required that applicants explain why granting the exemption

would not adversely affect safety or how the exemption would provide at least an equivalent

level of safety compliance with the underlying regulation. In this case, approval of this

exemption would advance the public interest by significantly enhancing the safety and efficiency

of Utility Infrastructure inspections critical to utility operations and by providing the FAA with

valuable user experience on sUAS in a context with appreciable economic and societal benefits.

As described more fully below, the requested exemption would permit the operation of sUAS

under tightly controlled conditions, thus ensuring that operations will not have an adverse impact

on safety, both public and worker. To the contrary, as explained below, AEP expects that use of

sUAS will enhance the safety of critical Utility Infrastructure inspections. The safety and

efficiency of utility operations is heavily dependent upon frequent inspection of Utility

Infrastructure, and grant of the instant exemption, which would enhance both the safety and

efficiency of such inspections, is in the public interest.
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VI. REGULATIONS FROM WHICH EXEMPTION IS REQUESTED

The Federal Aviation Act expressly grants the FAA Administrator the authority to issue

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

defined under § 40101 of the Act, including sUAS, from its safety regulations and minimum

standards when the Administrator decides a requested exemption is in the public interest.9

AEP asks an exemption from several interrelated provisions of 14 C.F.R. Parts 21, 45 and

91 for purposes of conducting aerial video and still photography, surveys and inspections of

Utility Infrastructure using sUAS. Listed below are: (1) the specific sections of 14 C.F.R. for

which exemption is sought; and (2) the operating procedures and safeguards that AEP has

established which will ensure a level of safety equal to or better than the rules from which

exemption is sought.10

A. 14 C.F.R. Part 21, Subpart H - Airworthiness

Subpart H, establishes the procedural requirements for the issuance of airworthiness

certificates as required by FAR §91.203(a)(1). Given the size of the sUAS and the limited

operating area associated with AEP’s sUAS operations, which are further described above in

AEP’s filing, an exemption from Part 21 Subpart H meets the requirements of an equivalent level

of safety under Part 11 and Section 333 of the Reform Act. The Federal Aviation Act (49 USC

§44701(f)) and Section 333 of the Reform Act both authorize the FAA to exempt aircraft from

the requirement for an airworthiness certificate, upon consideration of the size, weight, speed,

operational capability and proximity to airports and populated areas of the particular UAS. In all

cases, an analysis of these criteria demonstrates that the UAS 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.

 

9

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

prescribed pursuant to §§ 44710(a) and (b), §§ 44702 – 44716.

10

 See 14 C.F.R. § 11.81(e) which requires a petition for exemption to include: “the reasons why granting

the exemption would not adversely affect safety, or how the exemption would provide a level of safety at

least equal to that provided by the rule from which you seek exemption.”
12

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

45.23(b), and 45.27(a).

This regulation requires that certain experimental, provisionally certified aircraft, or

lightsport category aircraft to be marked with letters between 2 to 6 inches high with the words

“limited”, “restricted,” “light-sport,” “experimental,” or “provisional,” near each entrance to a

cabin, cockpit or pilot station. Even though the sUAS will have no airworthiness certificate, an

exemption is warranted as the sUAS will have no entrance to the cabin, cockpit or pilot station

on which the word “Experimental” can be placed. Given the size of the sUAS, 2 inches lettering

may be impossible. As such, AEP requests an exemption from this requirement and proposes

instead to display markings as practicable.

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

Command.

Sections 61.113(a) and (b) limit private pilots to non-commercial operations. Because the

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

level of safety of current operations by requiring the pilot operating the aircraft to have

completed a sport, recreational, private, or commercial pilot training and licensing. Unlike a

conventional aircraft that carries the pilot and passengers, the sUAS is remotely controlled. The

area of operation is controlled and restricted, and all flights are planned and coordinated in

advance. The risks associated with the operation of the sUAS are so diminished from the level of

risk associated with commercial operations contemplated by Part 61 when drafted, that allowing

operations of the sUAS as requested exceeds the present level of safety achieved by 14 CFR

61.113(a) and (b).

D. 14 CFR 91.7(a): Civil Aircraft Airworthiness

The regulation requires that no person may operate a civil aircraft unless it is in airworthy

condition. If FAA grants AEP’s request for exemption from the requirement 14 C.F.R. Part 21,

Subpart H, to obtain an airworthiness certificate, no FAA regulatory standard will exist for

determining airworthiness. AEP requests an exemption from this requirement given the size of
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the aircraft and the operational restrictions put on the aircraft, an equivalent level of safety will

be provided.

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

The sUAS, given its size and configuration, has no ability or place to carry such a flight

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

or capacity to carry such an item on the aircraft. The equivalent level of safety will be achieved

by keeping the flight manual (specifically, sUAS Manufacturer Manuals and the Flight

Operation Manual) at the ground control point where the pilot flying the UAS will have

immediate access to it.

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

This regulation requires each pilot in command to take certain actions before flight to

ensure the safety of flight. An exemption is needed from this requirement, as the pilot will take

separate preflight actions, including checking for weather conditions, checking flight battery or

fuel requirements, checking takeoff and landing distances, and all other actions in the

manufacturer’s user guide and safety checklists. These actions will provide an equivalent level of

safety.

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

Section 91.109 provides 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. By design, sUAS do not have fully functional 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 is provided by the fact that neither a pilot nor

passengers will be carried in the aircraft. Equivalent level of safety is also provided by the

ability to control the sUAS via radio signals from the controller. And the size and speed of the

sUAS posts decreased risk to the public as compared to manned civil aircraft.
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H. 14 C.F.R. § 91.119: Minimum Safe Altitudes.

Section 91.119 establishes safe altitudes for operation of civil aircraft. AEP will never

operate sUAS at altitude higher than 400 AGL and all operations will occur during daylight

hours under Visual Meteorological Conditions (VMC) only.

Flight operations will be conducted at least 500 feet from all non-participating persons,

vessels, vehicles and structures, unless the safety precautions specified above in AEP’s filing are

taken.

The sUAS will remain within visual line of sight of the PIC. Flight operations will be

conducted at least 5 miles from an airport. AEP, the PIC, or the VO will provide notification to,

and obtain any necessary permissions from, the local Flight Standards District Office or airport

management of all operations within 5 miles of an airport. As required by the FAA, AEP will

provide all necessary notices to airmen (NOTAMs) before conducting flights of its sUAS.

Compared to flight operations with aircraft or rotorcraft weighing far more than the

sUAS proposed herein, any risk associated with our operations is far less than those presently

presented with helicopters and other conventional aircraft operating at or below 500 feet AGL. In

addition, the low-altitude operations of the sUAS will ensure separation between these sUAS

operations and the operations of conventional aircraft that must comply with Section 91.119.

I. 14 C.F.R. § 91.121: Altimeter Settings.

This regulation requires each person operating the 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 a GPS altitude read out, AEP 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 PIC confirming the altitude of the launch site shown on the GPS altitude

indicator before flight. 
15

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

Section 91.151(a) outlines fuel requirements for beginning a flight in visual flight rules

(VFR) conditions. Relief from Section 91.151(a)(1) is requested to the extent required to allow

flights of a variety of sUAS during daylight hours in VFR conditions to continue with total flight

time of 40 minutes for each operational flight or until 20 percent of battery power reserves

remain, whichever happens first. AEP seeks the requested relief because without an exemption

from Section 91.151(a)(1), the flight time duration of the selected aircraft will be reduced and

severely constrain the practicality of any aerial acquisition of data that AEP proposes to conduct

pursuant to this Petition.

The technical specifications of the proposed sUAS and AEP’s proposed operating

limitations ensure that AEP will safely operate the selected aircraft during daylight hours in VFR

conditions until 20 percent of remaining battery power or fuel reserves remain.

K. 14 C.F.R. §§ 91.203(a) and (b): Carrying Civilian Aircraft Certification and

Registration.

The sUAS has no cabin, cockpit or pilot station and is operated without an onboard pilot.

Therefore, there is no ability or place to carry certification and registration documents or to

display them on the sUAS. An equivalent level of safety will be achieved by keeping these

documents at the ground control point where the pilot flying the sUAS will have immediate

access to them.

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

Maintenance Inspections

These regulations require that an aircraft operator or owner “shall have that aircraft

inspected as prescribed in subpart E of this part and shall between required inspections, except as

provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of

this chapter...,” and others shall inspect or maintain the aircraft in compliance with Part 43.

Given that these sections and Part 43 apply only to aircraft with an airworthiness

certificate, these sections will not apply to AEP’s operation of sUAS. Maintenance will be
16

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

achieved because these UASs are limited in size and will carry a small payload and operate only

in restricted areas for limited periods of time. If mechanical issues arise, the sUAS will be

operating from no higher than 400 feet AGL and can land immediately. The PIC will ensure that

the sUAS is in working order prior to initiating flight, perform required maintenance and keep a

log of any maintenance performed. Moreover, the PIC 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.

VII. PUBLIC INTEREST

Approval of exemptions allowing commercial operations of sUASs for aerial acquisition

of data enhances safety while reducing risk. Manned aircraft in certain applications such as

transmission line inspection present a greater risk because the aircraft are much larger and carry

an onboard human pilot. In contrast, a sUAS weighing 55 pounds or less will carry no passengers

or crew and, therefore, will not expose them to the risks associated with manned aircraft flights.

In addition, additional streams of aerial data will allow AEP to make decisions about how to best

deploy additional resources and ensure the safety and cost-effectiveness of their operations. 

Lastly, granting AEP’s exemption will help to fulfill Congress’s goal in passing Section 333(a)

through (c) of the Reform Act, namely, the FAA Administrator’s assessment of whether certain

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

required under Section 332 of the Reform Act.

VIII. PRIVACY

AEP 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 AEP operates sUAS. 

In addition, as a practical matter, flights will occur over private or controlled access property

either directly controlled by AEP, or where AEP has a right or permission to conduct operations. 
17

IX. FEDERAL REGISTER SUMMARY

Docket No. FAA-2015-____

Petitioner: American Electric Power Service Corporation

American Electric Power Service Corporation (“AEP”) petitions the Federal Aviation

Administration for relief from compliance of the below-listed regulations, for purposes of

operating small unmanned aircraft systems in the inspection of infrastructure and property

related to the provision of utility services, in an effort to identify issues that may affect the

efficient delivery of electricity to customers. AEP will conduct all flights over controlled-access

property that AEP either controls, or where AEP has a right or permission to conduct operations.

Part 21 and §§ 45.23(b), 45.27, 61.113(a) and (b), 91.7(a), 91.9(b)(2) and (c), 91.103, 91.109,

91.119, 91.121, 91.151(a), 91.203(a) and (b), 91.405(a), 407(a)(1), 409(a)(2), and 417(a) and (b)

of Title 14, Code of the Federal Regulations (14 CFR).

X. SUMMARY OF ATTACHMENTS

 FLIGHT OPERATIONS MANUAL
18

XI. CONCLUSION

AEP moves the FAA Administrator to grant this exemption. Given the foregoing, AEP’s

proposed usage does not pose a hazard to the NAS or to the public. Considering the clear

statutory language in Section 333 of the Reform Act, the authority contained in the Federal

Aviation Act, as amended, the equivalent level of safety to the public and to the men and women

conducting Utility Infrastructure inspections, and the reduction in environmental effects, the

grant of the requested exemptions is in the public interest. Accordingly, AEP respectfully

requests that the FAA grant the requested exemption without delay.

Respectfully submitted

/Anthony J. Swaneck/

Anthony J. Swaneck

Senior Counsel

American Electric Power Service Corporation

1 Riverside Plaza

Columbus, Ohio 43215

Counsel for American Electric Power

Service Corporation