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UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC

Regulatory Docket No. ___________________

IN THE MATTER OF THE PETITION FOR EXEMPTION OF:

CLEAN ENERGY RENEWABLES, LLC

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF

CERTAIN PROVISIONS OF TITLE 14 OF THE CODE OF 

FEDERAL REGULATIONS IN PARTS 21, 61 AND 91 AND

FOR THE OPERATION OF UNMANNED AERIAL SYSTEMS

OVER PREVIOUSLY PERMITTED WIND ENERGY TURBINES

WITHIN THE UNITED STATES PURSUANT TO SECTION 333 OF THE 

FAA MODERNIZATION AND REFORM ACT OF 2012

Submitted on February 11, 2015

RAYMOND P. FITZPATRICK, JR.

1200 Corporate Drive, Suite 105

Birmingham, AL 35242

Tel: (205) 437-8846

Fax: (855) 898-3647

rpf@rfitzpatricklaw.com

Counsel For Petitioner
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TABLE OF CONTENTS

GLOSSARY OF ABBREVIATIONS 3

SUMMARY 4

INTRODUCTION AND INTERESTS OF PETITIONER 5

BACKGROUND 5

BASIS FOR PETITITON 6

A. NAME AND ADDRESS OF PETITIONER 7

B. THE PROVISIONS OF 14 C.F.R. FROM WHICH CER

SEEKS EXEMPTION 7

C. THE RELIEF CER SEEKS AND THE REASONS CER SEEKS RELIEF 12

D. THE REASONS WHY GRANTING CER'S REQUEST WOULD BE

IN THE PUBLIC INTEREST 22

E. THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT 

ADVERSELY AFFECT SAFETY 24

F. ANY ADDITONAL INFORMATION, VIEWS, OR ARGUMENTS

AVAILABLE TO SUPPORT CER'S REQUEST 28

G. FEDERAL REGISTER SUMMARY 28

CONCLUSION 29
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GLOSSARY OF ABBREVIATIONS

AGL Above Ground Level

AC Air Traffic Control

CER Clean Energy Renewables, LLC (the applicant)

COA Certificate of Authorization

FAA Federal Aviation Administration

FAR Federal Aviation Regulation

NAS National Airspace System

PIC Pilot In Command

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

SMS Safety Management System

UAS Unmanned Aircraft System

VFR Visual Flight Rules

VMC Visual Meteorological Conditions
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SUMMARY

Clean Energy Renewables, LLC, an Illinois limited liability company ("CER"), seeks 

authority to commercially operate a small six-rotor unmanned aircraft system with a fully 

equipped gross weight of under 15 lbs. pursuant to Section 333 of the FAA Modernization and 

Reform Act of 2012. CER also seeks exemption from the requirements of certain provisions of 

14 C.F.R. Parts 21, 61 and 91. This exemption will permit CER to operate an Unmanned Aircraft 

System ("UAS") over certain well-defined limited rural areas within the United States which 

have previously been permitted and approved by the FAA for the construction and operation of 

wind turbine facilities pursuant to 14 C.F.R. Part 77. Such wind turbines have a height

(including the top of the upright extended blade) of less than 499 feet AGL and have been 

subject to prior review and authorization by FAA as authorized obstructions with completed 

Forms 7460-2 on file with FAA. CER intends to operate a high quality UAS product in the 

limited airspace within a few meters of such turbines for the purpose of conducting safe and 

efficient inspection of the turbine blades and structure. At no time will the UAS operate more 

than 100 feet from the previously approved obstruction or above 499 feet AGL. All such 

operations will be in relatively rural areas and in direct visual line of sight of the operator that 

will clearly not create a hazard to users of the NAS or the public or pose a threat to national 

security.

Consistent with recently released FAA exemptions, CER intends to operate the UAS 

while keeping the documents required by the regulations at the ground control station and 

immediately accessible to the pilot in command. The requested exemption will relieve CER 

from the airworthiness certificate standards and the requirement to have a certificate of 

airworthiness issued for its UAS. This exemption will also permit any required markings 
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concerning the operational status of the UAS to be displayed on the fuselage of the unmanned 

aircraft. The requested exemption will relieve CER from the requirement that the PIC hold a 

commercial pilot certificate and will permit a private pilot to serve as PIC with a class III 

medical certificate.

INTRODUCTION AND INTERESTS OF THE PETITIONER

CER is a one year-old renewable energy support services firm. Its management, through 

predecessor entities1, has a long and well-recognized history with over 14 years of experience in 

providing services to recognized leaders in the renewable energy industry. CER plans to operate

an Aibot X6 V2 Unmanned Aircraft System (hereinafter referred to as the "Aibot UAS")

manufactured by Aibotix GMbH, 34131 of Kassel, Germany, a division of Leica Geosystems 

AG, Heerburgg, Switzerland. As set forth in this Petition, CER seeks to operate the Aibot UAS 

for the special purpose of aerial inspection of renewable wind power turbines in accord with the 

highest standards of operations and safety.

BACKGROUND

CER seeks an exemption to operate an Aibot UAS for compensation or hire within the 

limited and defined areas of the national airspace system ("NAS") for the purpose of wind 

turbine inspections.

Operational History of the Aibot UAS in the NAS

Aibotix has manufactured and sold hundreds of units of the Aibot UAS for end users on a 

global basis. Petitioner understands that the Aibot UAS is the subject of two pending 

applications for Section 333 exemptions. See, application of Solusia Air, LLC and application of

 

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CER's business previously operated under the name Multiband Renewables, a division of Multiband EWS, Inc. 

After Multiband Corporation went private in early 2014, the Multiband Renewables business was purchased by its 

managers and was renamed Clean Energy Renewables, LLC. It has no current affiliation with Multiband.
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Boyd Instrument. Petitioner is not aware of any current Section 333 exemptions to other 

operators of an Aibot UAS by FAA.

BASIS FOR PETITION

Petitioner CER, pursuant to the provisions of the Federal Aviation Regulations (14 C.F.R. 

§ 1.61) and the FAA Modernization and Reform Act of 2012, Section 333, Special Rules for 

Certain Unmanned Aircraft Systems, petitions the Administrator for an exemption from the 

requirements of 14. C.F.R. sections 21.155, 45.23(b), 61.113(a) and (b), 91.7(a), 91.9(b), 91.119, 

91.121, 91.151(a), 91.203(a) and (b), 91.405(a), 91.407(a)(1), 91.409(a)(2), and 91.407(a) and 

(b), and the airworthiness certification standards specified in 14 C.F.R. Part 21, including the 

requirements to have a certificate of airworthiness as contemplated by 14 C.F.R. Part 21.

In accordance with Federal Aviation Regulations ("FAR") Section 21.16, entitled Special 

Conditions (14 C.F.R. § 21.16), CER respectfully requests that the Administrator prescribe 

special conditions for the intended operation of the Aibot UAS that contain such safety standards 

as the Administrator finds necessary to establish a level of safety equivalent to that established 

by the restricted category airworthiness certification standards specified in 14 C.F.R. Part 21.

Submitted with this application are:

Aibot X6 User Manual

Clean Energy Renewables, LLC, UAS Inspections of Wind Turbines 

Safety Checklist and Operating Procedures

These documents are collectively referred to as the "CER Manuals." They are submitted on a 

confidential basis and are proprietary in nature. CER will fully comply with the requirements 

and procedures of the CER Manuals in its proposed operations.

In accordance with 14 C.F.R. § 11.81, CER provides the additional following information 

in support of its petition for exemption:
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A. Name and Address of the Petitioner.

The name and address of the Petitioner is:

Clean Energy Renewables, LLC

4709 15th Street A

Moline, IL 61265

The point of contact for this Petition and specific contact information is as follows:

Raymond P. Fitzpatrick, Jr.

1200 Corporate Drive, Suite 105

Birmingham, AL 35242

Tel: (205) 437-8846

Fax: (855) 898-3647

rpf@rfitzpatricklaw.com

B. The Provisions of 14 C.F.R. From Which CER Seeks Exemption.

1. CER Requests Relief To Exempt Aibot UAS From 

Airworthiness Certification Standards Specified In 

14 C.F.R. Part 21.

In accordance with the FAA Modernization and Reform Act of 2012, Section 333, and 14 

C.F.R. § 21.16 entitled Special Conditions, CER seeks to exempt the Aibot UAS from the 

airworthiness certification provisions of 14 C.F.R. Part 21, or the requirement to have a 

certificate of airworthiness, as contemplated by 14 C.F.R. § 21.185, or the requirement to have a 

certificate of airworthiness issued, as contemplated by 14 C.F.R. Part 21. Section 21.185 entitled 

Issue of airworthiness certificates for restricted category aircraft, states the following in part:

(a) Aircraft manufactured under a production certificate or type certificate. An applicant 

for the original issue of a restricted category airworthiness certificate for an aircraft type 

certified in the restricted category, that was not previously type certificated in any other 

category, must comply with the appropriate provisions of § 21.183.

2. CER Seeks Exemption From The Requirements Of 14 C.F.R. 45.23(b).

CER seeks an exemption from 14 C.F.R. § 45.23(b). Section 45.23 entitled Display of 

marks; general, subsection (b), states the following:
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(b) When marks include only the Roman capital letter "N" and the registration number is 

displayed on limited, restricted or light-sport category aircraft or experimental or 

provisionally certificated aircraft, the operator must also display on that aircraft near each 

entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor more 

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

"provisional," as applicable.

3. CER Requests Relief From The Requirements Of 14 C.F.R 61.113(a)&(b).

CER seeks an exemption from the requirements of 14 C.F.R. § 61.113 (a) & (b) 

providing that:

(a) Except as provided in paragraphs (b) through (h) of this section, no person who holds 

a private pilot certificate may act as pilot in command of an aircraft that is carrying 

passengers or property for compensation or hire; nor may that person, for compensation 

or hire, act as pilot in command of an aircraft.

(b) A private pilot may, for compensation or hire, act as pilot in command of an aircraft 

in connection with any business or employment if:

(1) The flight is only incidental to that business or employment; and

(2) The aircraft does not carry passengers or property for compensation or hire.

4. CER Seeks Exemption From The Requirements Of Section 91.7(a).

Section 91.7(a) prescribes, in pertinent part, that no person may operate a civil aircraft 

unless it is in an airworthy condition.

5. CER Seeks Exemption From The Requirement Of Section 91.9(b).

CER seeks an exemption from 14 C.F.R. § 91.9(b). Section 91.9 entitled Civil aircraft 

flight manual, marking, and placard requirements, subsection (b) states the following:

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

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

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

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

(2) For which an Airplane or Rotorcraft Flight Manual is not required by § 21.5 of this 

chapter, unless there is available in the aircraft a current approved Airplane or Rotorcraft 
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Flight Manual, approved manual material, markings, and placards, or any combination 

thereof.

6. CER Seeks Exemption From The Requirements Of Section 91.119.

Section 91.119 prescribes that, except when necessary for takeoff or landing, no person 

may operate an aircraft below the following altitudes:

(a) Anywhere. An altitude allowing, if a power unit fails, an emergency landing without 

undue hazard to persons or property on the surface.

(b) Over congested areas. Over any congested areas of a city, town, or settlement, or 

over any open water or sparsely populated areas. In those cases, the aircraft may not be 

operated closer than 500 feet to any person, vessel, vehicle, or structure.

(c) Over other than congested areas. An altitude of 500 feet above the surface, except 

over open water or sparsely populated areas. In those cases, the aircraft may not be

operated closer than 500 feet to any person, vessel, vehicle, or structure.

(d) Helicopters, powered parachutes, and weight-shift-control aircraft. If the operation is 

conducted without hazard to persons or property on the surface --

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

paragraph (b) or (c) of this section, provided each person operating the helicopter 

complies with any routes or altitudes specifically prescribed for helicopters by the 

FAA; and

(2) A powered parachute or weight-shift-control aircraft may be operated at less 

than the minimums prescribed in paragraph (c) of this section.

7. CER Seeks Exemption From The Requirements Of Section 91.121 And

91.151(a).

Section 91.121 requires, in pertinent part, 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."

Section 91.151(a) prescribes that no person may begin a light in an airplane under VFR 

conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly 
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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.

8. CER Seeks Exemption From The Requirements Of Sections 91.203(a) and

91.203(b).

CER seeks an exemption from 14 C.F.R. § 91.203(a) and (b). Section 91.203 entitled 

Civil aircraft: Certifications required, subsections (a) and (b) state the following:

(a) Except as provided in § 91.715, no person may operate a civil aircraft unless it has 

within it the following:

(1) An appropriate and current airworthiness certificate. Each U.S. Airworthiness 

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

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

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

chapter containing that portion of the operations specifications issued under § 21.197(c), 

or an authorization under § 91.611) must have on it the registration number assigned to 

the aircraft under part 47 of this chapter. However, the airworthiness certificate need not 

have on it an assigned special identification number before 10 days after that number is 

first affixed to the aircraft. A revised airworthiness certificate having on it an assigned 

special identification number, that has been affixed to an aircraft, may only be obtained 

upon application to an FAA Flight Standards district office.

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

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

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

(b) No person may operate a civil aircraft unless the airworthiness certificate required by 

paragraph (a) of this section or a special flight authorization issued under § 91.715 is 

displayed at the cabin or cockpit entrance so that it is legible to passengers or crew.

9. CER Seeks Exemption From The Requirements Of Sections 91.405(a),

91.407(a)(1), 91.409(a)(2) and 91.417(a) & (b).

Section 91.405(a) requires, in pertinent part, that an aircraft operator or owner shall have 

that aircraft inspected as prescribed in subpart E of the same part and shall, between required 

inspections, except as provided in paragraph (c) of the same section, have discrepancies repaired 

as prescribed in part 43 of the chapter.
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Section 91.407(a)(1) prohibits, in pertinent part, any person from operating an aircraft 

that has undergone maintenance, preventive maintenance, rebuilding, or alteration unless it has 

been approved for return to service by a person authorized under § 43.7 of the same chapter.

Section 91.409(a)(2) prescribes, in pertinent part, that no person may operate an aircraft 

unless, within the preceding 12 calendar months, it has had an inspection for the issuance of an 

airworthiness certificate in accordance with part 21 of this chapter.

Section 91.417(a) and (b) provide:

(a) Except for work performed in accordance with §§ 91.411 and 91.413, each registered 

owner or operator shall keep the following records for the periods specified in paragraph 

(b) of this section:

(1) Records of the maintenance, preventive maintenance, and alteration and 

records of the 100-hour, annual, progressive, and other required or approved 

inspections, as appropriate, for each aircraft (including the airframe) and each 

engine, propeller, rotor, and appliance of an aircraft The records must include --

(i) A description (or reference to data acceptable to the Administrator) of 

the work performed and

(ii) The date of completion of the work performed; and

(iii) The signature, and certificate number of the person approving the 

aircraft for return to service.

(2) Records containing the following information:

(i) The total time in service of the airframe, each engine, each propeller, 

and each rotor.

(ii) The current status of life-limited parts of each airframe, engine, 

propeller, rotor, and appliance.

(iii) The time since last overhaul of all items installed on the aircraft

which are required to be overhauled on a specified time basis.

(iv) The current inspection status of the aircraft, including the time since 

the last inspection required by the inspection program under which the 

aircraft and its appliances are maintained.
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(v) The current status of applicable airworthiness directives (AD) and 

safety directives including, for each, the method of compliance, the AD or 

safety directive number and revision date. If the AD or safety directive 

involves recurring action, the time and date when the next action is 

required.

(vi) Copies of the forms prescribed by § 43.9(d) of this chapter for each 

major alteration to the airframe and currently installed engines, rotors, 

propellers, and appliances.

(b) The owner or operator shall retain the following records for the periods prescribed:

(1) The records specified in paragraph (a)(1) of this section shall be retained until 

the work is repeated or superseded by other work or for 1 year after the work is 

performed.

(2) The records specified in paragraph (a)(2) of this section shall be retained and 

transferred with the aircraft at the time the aircraft is sold.

(3) A list of defects furnished to a registered owner or operator under § 43.11 of 

this chapter shall be retained until the defects are repaired and the aircraft is 

approved for return to service.

C. The Extent Of Relief CER Seeks And The Reason CER Seeks The Relief.

1. The Extent Of Relief CER Seeks And The Reason CER Seeks Relief From

14 C.F.R. Part 21.

CER seeks relief from the airworthiness certificate requirements of the Federal Aviation 

Regulations and proposes to commercially operate the Aibot UAS without an airworthiness 

certificate, for the special purpose of conducting wind turbine inspection services over existing 

land-based wind turbines in the United States that have been permitted by FAA, pursuant to 

specific operating limitations and the safety management systems outlined in the CER Manuals. 

CER seeks relief from the airworthiness certificate requirements of 14 C.F.R. § 21.185 to the 

extent that the Aibot UAS may be operated for a single, defined, special purpose operation (i.e., 

aerial inspection of wind turbines).
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Pursuant to FAA Modernization and Reform Act of 2012, Section 333 ("Section 333"), 

CER seeks relief from the airworthiness certificate requirements of the FAR because operation 

of the Aibot UAS will not create a hazard to users of the NAS, or the public, or otherwise pose a 

threat to national security.

Section 333 sets forth the requirements for considering whether a UAS will create a 

hazard to users of the NAS or the public or pose a threat to national security. Further, Section 

333 provides the authority for such AUS to operate without airworthiness certification. Section 

333 states the following in relevant part:

(b) Assessment of Unmanned Aircraft Systems.-- In making the determination under 

subsection (a), the Secretary shall determine, at a minimum --

(1) which types of unmanned aircraft systems, if any, as a result of their size, weight, 

speed, operational capability, proximity to airports and populated areas, and operation 

within visual line of sight do not create a hazard to users of the national airspace system 

or the public or pose a threat to national security; and

(2) whether a certificate of waiver, certificate of authorization, or airworthiness 

certification under section 44704 of title 49, Unite States Code, is required for the 

operation of unmanned aircraft systems identified under paragraph (1).

As set forth below, numerous factors, including the safe operational history of the Aibot 

UAS in the NAS and the specific parameters of CER's intended operation pursuant to this 

exemption, demonstrate that Aibot UAS has in the past and will continue in the future to operate 

safely in the NAS without creating a hazard to other aircraft or people on the ground. 

Accordingly, the FAA may approve operation of the Aibot UAS without an airworthiness 

certificate by setting forth specific operating limitations to ensure a level of safety equivalent to 

what would be provided by airworthiness certification.

Filed with the application as a confidential attachment is the manufacturer's Operating 

Manual for the Aibot UAS. As stated in the manual, the Aibot UAS has a dimension of 96 cm x 
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105 cm, is powered by 6 electric powered blades, and is controlled by an RC transmitter. It has a 

maximum true airspeed of 16 meters per second. When fully equipped for its intended use, the 

Aibot UAS will weigh well under 15 pounds. CER's Aibot UAS will be painted FAA orange. 

CER will always operate the Aibot UAS within the visual line of sight of the PIC and never more 

than 100 feet from the permitted obstruction as depicted in the Form 7260-2 on file with FAA. 

CER's unit will be programmed to hover at least 3 meters from the wind turbine while video 

taping or thermal imaging turbine components and blades.

2. The Extent Of Relief CER Seeks And The Reason CER Seeks Relief

From 14 C.F.R. § 45.23(b).

CER requests relief from the requirement of Section 45.23(b), if applicable, that he word 

"Restricted" or other limitations be displayed on the Aibot UAS near each entrance to the cabin, 

cockpit, or pilot station. In Exemption No. 11150, at p. 11, FAA stated that such words only 

apply to certain limited certificates. Accordingly, since no certificate will be issued for 

petitioner's UAS, petitioner requests confirmation that an exemption from section 45.23(b) is not 

required.

3. The Extent Of Relief CER Seeks And The Reason CER Seeks Relief

From 14 C.F.R. Section 61.113 (a) and (b).

CER seeks exemption from 14 C.F.R. § 61.113, which restricts private pilots from flying 

aircraft for compensation or hire and would also require a second class medical certificate. The 

purpose of Part 61 is to ensure that the skill and competency of any PIC matches the airspace in 

which the PIC will be operating, as well as requiring certification if the pilot is carrying 

passengers or cargo for hire.

While the Aibot UAS will be operated as part of a commercial operation, it carries 

neither passengers nor cargo. In the Grant of Exemption in FAA Docket No. FAA-2014-0352, 
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the FAA determined that the unique characteristics of UAS operation outside of controlled 

airspace did not warrant the additional cost and restrictions attendant with requiring the PIC to 

have a commercial pilot certificate and a class II medical certificate. See also, Grant of 

Exemption, FAA Docket No. FAA-2014-400 (Exemption No. 11150). The FAA has also 

determined that the required knowledge for a commercial pilot covers the same fundamental 

principles as a private pilot.

The PIC will possess at least a private pilot certificate, a third class medical certificate, 

and will have completed the Basic Operator Course for the Aibot, which is provided by the 

manufacturer's United States representative, CCLD Technologies, Inc. of Buford, Georgia. This 

is a 2-day program that includes ground school and flight training.

The FAA stated in its grant of an exemption to Astraeus Aerial that "FAA considers the

overriding safety factor for the limited operations proposed by the petitioner to be the airmanship 

skills acquired through UAS-specific flight cycles, flight time, and specific make and model 

experience, culminating in verification through testing." See Exemption No. 11062, Docket No. 

FAA 2014-0352, at p.18. The proposed operations can achieve an equivalent level of safety by 

requiring the knowledge and experience in Aibot UAS operations described above.

The security screening conducted by the Transportation Security Administration of 

certified airmen satisfies the statutory requirement of Section 333 for operations to not pose a 

threat to national security.

The restrictions CER has placed on its Aibot UAS operations meet or exceed the 

restrictions similarly imposed on Astraeus Aerial in FAA Docket No. FAA-2014-0352. CER will 

operate in a restricted area away from persons or property not involved in the operation. The 
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aircraft will be flown based on VLOS at or below 499 feet AGL, so as to accommodate the safe 

inspections of wind turbines. 

4. Extent Of Relief CER Seeks And The Reason CER Seeks Relief From

Section 91.9(b).

Relief is requested because the fully equipped Aibot UAS weighs well under 15 pounds

at its maximum gross weight and cannot carry the approved Airplane Flight Manual onboard. 

Since the Aibot UAS is unmanned, the aircrew member is located at a ground control station. As 

such, CER proposes the following conditions and limitations to its request for exemption from 

Section 91.9(b):

The approved Airplane Flight Manual must be kept at the ground control station, where it 

is immediately available for reference by the aircrew member (pilot in command) of the 

Aibot UAS any time the unmanned aircraft is operating.

These limitations are consistent with Exemption Nos. 11062 and 11150.

5. The Extent Of Relief CER Seeks And The Reason CER Seeks Relief

From Section 91.203(a) and (b).

CER requests relief from the requirements of Section 91.203(a) (i.e., that an appropriate 

and current airworthiness certificate and an effective U.S. registration certificate be carried 

within the aircraft), and further, requests relief from the requirement of Section 91.203(b) (i.e.

that the airworthiness certificate be displayed at the cabin or cockpit entrance so that it is legible 

to passengers or crew). As the Aibot UAS is unmanned, it has no cabin, cockpit, pilot station, or 

entrances thereto. Therefore, the aircrew member is located at a ground control station and no 

passengers are carried at any time. As such, CER proposes the following conditions and 

limitations to its request for exemption from Sections 91.203(a) and (b):

The documents required by Sections 91.203(a) and (b) must be kept at the ground control 

station, where it is immediately available to the aircrew member (pilot in command) of 

the Aibot UAS any time the unmanned aircraft is operating.
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6. 14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness

CER seeks an exemption from 14 C.F.R. § 91.7(a), which requires that a civil aircraft be 

in airworthy condition to be operated. The FAA has stated that no exemption is required to the 

extent that the requirements of Part 21 are waived or found inapplicable. Accordingly, CER 

requests that the requirements of Section 91.7 be treated in accordance with FAR Part 21 Subpart 

H. See Grant of Exemption No. 11062, p.19.

7. The Relief CER Seeks From 14 C.F.R. § 91.103: Preflight Action.

CER seeks an exemption from 14 C.F.R. § 91.103, which requires a PIC to become 

familiar with specific information before each flight, including information contained in the 

FAA-approved Flight Manual on board the aircraft. The aircraft will not have a Flight Manual 

on board. The PIC will take all actions including reviewing weather, flight battery requirements, 

landing and takeoff distances and aircraft performance data before initiation of flight. Under 

these circumstances, the FAA has stated that no exemption is required. See Grant of Exemption 

No. 11062, p. 20. An exemption is requested to the extent that an FAA-approved Flight Manual 

on board the aircraft is required.

An equivalent level of safety will be provided by following the CER Manuals. The PIC 

will take all required preflight actions - including performing all required checklists and 

reviewing weather, flight requirements, battery charge, landing and takeoff distance, aircraft 

performance data, and contingency landing areas - before initiation of flight. The CER Manuals 

will be kept at the ground station with the operator at all times.

8. The Relief CER Seeks From 14 C.F.R. § 91.109(a): Flight Instruction.

CER seeks an exemption from 14 C.F.R. § 91.109(a), which provides that "[n]o person 

may operate a civil aircraft (except a manned free balloon) that is being used for flight 
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instruction unless that aircraft has fully functioning dual controls." UASs and remotely piloted 

aircraft, by their design, do not have functional dual controls. Instead, flight control is 

accomplished through the use of a Ground Control Station (GCS) that communicates with the 

aircraft via radio communications.

When flight instruction is performed, no pilots will be on the aircraft and the GCS will be 

a safe distance from the aircraft and the public, causing no safety hazard. Given the size and 

speed of the Aibot UAS, an equivalent level of safe training can still be performed without dual 

controls because no pilot or passengers are aboard the aircraft and all persons will be a safe 

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

In addition, CER will conduct flight training at a remote facility away from population centers. 

These training flights will be conducted in a sterile area and will otherwise comply with the 

provisions in the CER Manuals. Accordingly, CER's proposed method of operation provides 

superior levels of safety.

9. The Relief CER Seeks From 14 C.F.R. § 91.119(c): 

Minimum Safe Altitudes In Uncongested Areas.

CER request an exemption from the minimum safe altitude requirements of 14 C.F.R. § 

91.119(c). Section 91.119(c) prescribes that an aircraft may not be operated closer than 500 feet 

to any person, vessel, vehicle, or structure. CER's Manuals provide for operation on wind farms 

away from congested populations areas, but in close proximity to wind turbines and towers. The 

FAA has already determined that relief from Section 91.119(c) is warranted for UAS operations 

in uncongested areas with similar flight restrictions as those imposed by CER. See Grant of 

Exemption No. 11062, p. 20-21.

Compared to flight operations with rotorcraft weighing more than the maximum weight 

proposed herein, and given the lack of flammable fuel, any risk associated with these operations 
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is far less than those that presently exist with conventional aircraft. An equivalent level of safety 

will be achieved given the size, weight, and speed of the Aibot UAS as well as the location 

where it is operated. In order to avoid any risk to aircraft, flight operations will be restricted to 

499 feet AGL or below. Other aircraft are already prohibited from operating closer than 500 feet

from the wind turbine structures where CER proposes to operate. This is airspace where other 

aircraft do not normally operate. The Aibot UAS will be operated in remote areas, away from 

persons or structures not involved in the operation. It will hover at least 3 meters from the wind 

turbine while video taping or thermal imaging the turbine's components and blades. All persons 

who are not involved with CER operations will be required to be at least 500 feet from flight 

operations. See FAA Order 8900.1, V3, C8.81. This will also pose no risk to the public because 

other aircraft are not operating in these areas. 

10. The Relief CER Seeks From 14 C.F.R. § 91.121: Altimeter Settings.

This petition seeks an exemption from 14 C.F.R. § 91.121, which requires a person 

operating an aircraft to maintain cruising altitude or flight level by reference to an altimeter that

is set to the elevation of the departure airport. The Aibot UAS uses both barometric pressure 

sensors and GPS to determine altitude but does not have the ability to set in a current altimeter 

setting. An exemption is required to the extent that the Aibot UAS does not have a barometric 

altimeter setting. The altitude of the aircraft is monitored by the PIC on the ground control 

station and by the visual observer.

The FAA has stated that an equivalent level of safety can be achieved if the aircraft will 

be operated at or below 400 feet AGL and within visual line-of-sight in addition to GPS based 

altitude information relayed in real time to the operator. See Grant of Exemption No. 11062, p. 

20-21. The petitioner's Aibot UAS will be operated at or below 499 feet AGL. While most 
20

flight operations will be under 400 feet AGL, the blades of a few wind turbines, when pointed in 

full upward position, may be between 400 and 499 feet AGL in height. Under such 

circumstances, authorization to operate at up to the top of the wind turbine obstruction, but in no 

event more than 499 feet AGL is requested.

11. The Relief CER Seeks From 14 C.F.R. §91.151(a): 

Fuel Requirements for Flight in VFR Conditions.

CER requests an exemption from 14 C.F.R. § 91.151(a)'s fuel requirements for flight in 

VFR conditions. Section 91.151 states:

(a) No person may begin a flight in an airplane under VFR conditions unless

(considering wind and forecast weather conditions) there is enough fuel

to fly to the first point of intended landing and, assuming normal cruising

speed -

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

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

Here, the technological limitations on Aibot UAS battery power means that no 

meaningful flight operations can be conducted while still maintaining a 30 minute reserve. The 

aircraft is battery powered with a maximum flight time of 20 to 30 minutes. CER proposes that 

the maximum flight time for each operations flight will be 30 minutes. The aircraft will be 

safely landed with no less than the greater of (a) 25% battery life remaining or (b) five minutes 

of flight time remaining.

The FAA has stated that an equivalent level of safety is provided if the UAS flight is 

conducted under daytime VFR flight conditions using VLOS, and terminated with at least 25% 

reserve battery power still available. See Grant of Exemption No. 11062, p. 21-22 and No. 

11150, p. 15. The petitioner will provide an equivalent level of safety by safely landing with no 
21

less than the greater of (a) 25% battery life remaining or (b) five minutes of flight time remaining 

and otherwise complying with the flight restrictions above.

12. The Relief CER Seeks From 14 C.F.R. §§ 91.405(a), 91.407(a(1), 91.409(a)(2); 

91.417(a) and (b): Maintenance Inspections.

CER seeks an exemption from the maintenance inspection requirements contained in 14 

C.F.R. §§ 91.405(a), 91.407(a)(1), 91.409(a)(2); 91.417(a) and (b). These regulations specify 

maintenance and inspection standards in reference to 14 C.F.R. Part 43. See, e.g. 14 C.F.R. § 

91.405(a) (stating that each owner or operator of an aircraft "[s]hall have the aircraft inspected as 

prescribed in subpart E of this part and shall between required inspections . . . have discrepancies 

repaired as prescribed in part 43 of this chapter"). An exemption from these regulations is 

needed because Part 43 and these sections only apply to aircraft with an airworthiness certificate, 

which the Aibot UAS will not have.

An equivalent level of safety will be achieved because maintenance and inspections, 

including preflight and post flight checks will be performed in accordance with the CER 

Manuals. This includes maintenance, overhaul, replacement, and inspection requirements for the 

aircraft and procedures to document and maintain maintenance records for the aircraft. This also 

includes preflight inspection procedures. See Exemption No. 11062, at p. 14-15; No. 11150, at 

p. 11.

As provided in the CER Manuals, flights will not be conducted unless a flight operations 

checklist is performed that includes all of the aircraft's components. The CER Manuals also set 

requirements for maintenance log books and record keeping as well as routine and post-flight 

maintenance. The CER Manuals set requirements for both periodic maintenance and preventive 

maintenance.
22

D. The Reasons Why Granting CER's Request Would Be In The Public Interest.

Granting CER's Petition will further the public interest by allowing CER to safely, 

efficiently, and economically perform aerial inspections over locations in the United States 

which have previously been permitted by FAA for the construction of renewable wind energy 

turbines in accord with national and state policy objectives furthering the development of 

economical renewable energy. Additionally, the use of Aibot UAS will decrease congestion of 

the NAS and provide significant benefits to the economy. The benefits of the proposed operation 

of the Aibot UAS will be realized without implicating any privacy issues and will provide a far 

safer and more effective means of periodically inspecting the components of wind turbines.

1. The Public Will Benefit From The Performance Of Aerial Inspections 

Of Wind Turbines By UAS.

CER submits this Petition to perform inspections of previously permitted renewable wind 

energy turbines in the United States. All such turbines are obstructions previously permitted 

under 14 C.F.R. Part 77. There are over 50,000 commercial wind energy turbines in operation in 

the United States. All inspection work performed by CER will be at an altitude under 499 feet 

AGL and within 100 feet of locations and obstructions previously permitted by FAA under 14 

C.F.R. Part 77 with completed Forms 7460-2 on file. The Aibot UAS will provide safe, efficient 

and economical inspections of such permitted obstructions to further the economical provision of 

renewable energy which is consistent with national policy objectives2and that of many states and 

in furtherance of the public interest.

 

2

In December 2014, Congress adopted legislation extending the renewable energy production tax credit to 

incentivize the development of wind energy facilities. In the most recent State of the Union speech, the President 

referenced the positive attributes of the development of renewable wind energy in the United States. See, State of 

the Union Address, published January 24, 2015, The New York Times.
23

2. The Public Will Benefit From Decreased Congestion Of The NAS.

The Aibot UAS is a very high quality battery powered UAS that serves as a safe, 

efficient, and economical alternative to the current practice of manually inspecting wind turbines 

by an individual climbing and rappelling on the existing turbine structure. The use of a Aibot

UAS would greatly enhance the safety of life and property in the air and on the ground.

3. The Public Will Benefit From The Safety And Efficiency Of The 

Aibot UAS.

Conducting inspections of wind turbines with the Aibot UAS instead of manned climbers 

will benefit the public by keeping air and noise pollution to a minimum. By using battery power 

and an electric motor, the Aibot UAS produces no air pollution, and is the most viable 

environmentally conscious means, than any other mechanized means, of inspection. The Aibot

UAS eliminates noise pollution as it battery powered electric motor is barely audible during the 

take-off phase, and cannot be heard when operating more than 100 feet above ground level.

By using the Aibot UAS to perform aerial inspections, the substantial risk to life and 

property in the air and on the ground which is usually associated with traditional manned 

inspections where an individual climbs the tower and rappels down each blade is almost totally 

eliminated. The physical risk to an individual to a life endangering fall while climbing hundreds 

of feet in the air on a tower is substantially eliminated.

4. Performing Aerial Inspections Operations With The Aibot UAS

Will Benefit The Economy.

In addition to being safe and efficient, the Aibot UAS is also an economical alternative to 

using manned climbers to conduct wind turbine inspections. As such, operation of the Aibot

UAS will allow United States based companies, like CER, to remain competitive and contribute 

to growth of the U.S. economy. The cost to inspect wind turbines manually with a climber is 
24

very high. The process is slow and dangerous. Use of a UAS will permit inspection in a fraction 

of the time in an environment that is substantially safer for the employee. Insurance costs will 

also be lower. Such savings will contribute to lower costs for safe renewable energy sources.

By operating the Aibot UAS, CER can remain competitive and profitable and therefore 

provide greater job stability to employees and contractors and benefits to the owners and 

operations of wind turbines, which will ultimately contribute to growth of the U.S economy. 

Improved financial performance of U.S. companies through commercial use of the Aibot UAS 

provides a stable workforce that increases consumer spending and improves local, state, and 

federal tax revenues.

5. There Are No Privacy Issues.

The proposed operation of the Aibot UAS will not implicate any privacy issues. 

Specifically, the Aibot UAS will be operated only in rural areas. The Aibot UAS will only 

operate within 100 feet of an FAA approved wind turbine located on lands that have been 

previously permitted by the land owner and applicable governmental agencies for the

construction and operation of the turbine.

E. 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 CER Seeks Exemption.

1. Reasons Why An Exemption From The Requirements Of 14 C.F.R. Part 21,

Including The Requirements To Have A Certificate Of Airworthiness, Would

Not Adversely Affect Safety.

CER contends that the Aibot UAS can operate safely in the NAS without creating a 

hazard to other aircraft or people on the ground. Accordingly, the FAA may approve its use 

without an airworthiness certificate as demonstrated by: (i) the safe operational history and 

current use of the Aibot UAS in the NAS; (ii) the characteristics of the Aibot UAS; (iii) the 
25

limited and sterile area of CER's intended operation; (iv) the operating procedures system CER 

has developed for Aibot UAS operations and maintenance; (v) the private pilot and Class III 

medical certificate requirement; (vi) the specific operating limitations proposed in this 

application; and (vii) any other conditions that the Administrator may prescribe.

2. Reasons Why An Exemption From The Requirements Of 14 C.F.R.

§ 45.23(b) Would Not Adversely Affect Safety.

This exemption would maintain the level of safety established by Section 45.23(b) 

because if required, displaying the word "Restricted" with two (2) inch high letters, horizontally 

on both sides of the UAS will inform all parties of the unmanned aircraft's overall operating 

status.

The FAA has previously granted exemptions in circumstances similar, in all material 

respects, to those presented herein (e.g., Exemption Nos. 8737, 10167, 10167A, 10700, 10810).

3. Reasons Why An Exemption From The Requirements Of 14 C.F.R. 

Section 61.113 (a) and (b), Including The Requirement That The Pilot

Hold A Commercial Pilot's License, Would Not Adversely Affect Safety

Or The Public Interest.

CER contends that since the UAS will not carry a pilot or passengers on board, the 

proposed operations will achieve an equivalent level of safety when conducted by the petitioner's 

personnel that will hold a private pilot's license with a Class III medical certificate and will meet 

the requirements of its own vetting system, which will ensure that only pilots of sufficient skill 

will operate the UAS. 

The aircraft will only be operated in quarantined areas that are strictly controlled and are 

away from airports and populated areas. CER will conduct extensive safety briefings prior to 

flight. It will obtain all necessary permissions and permits prior to operation. CER has 

procedures in place to abort flights in the event of safety breaches or potential danger. The 
26

potential loss of life is diminished because the Aibot UAS carries no people on board and the 

petitioner will only operate it in specific areas away from mass populations. There is also no fuel 

on board the UAS and thus the potential for fire or explosions is greatly diminished.

4. Reasons Why The CER Operating Parameters Support The 

Requests For Other Exemptions.

Each flight will be staffed with a pilot and a technician spotter; all flights will be operated 

within visual line of sight (VLOS) of the pilot and UA flights will be limited to a maximum 

altitude of 499 feet above ground level (AGL). CER will operate the UAS during turbine 

inspections within tightly controlled and limited areas that will be marked with controls in place 

to allow for safe operations in accordance with the operating documents. 

FAR 14 C.F.R. § 91.7(a) prohibits the operation of an aircraft without an airworthiness 

certificate. CER contends no such certificate will be applicable in the form contemplated by the 

FARs and this regulation is therefore inapplicable.

FAR 14 C.F.R. § 91.9(b)(2) requires an aircraft flight manual in the aircraft. Because 

there are no pilots or passengers, and given the size of the UAS, this regulation is inapplicable. 

An equivalent level of safety will be achieved by maintaining a manual at the flight operations 

center.

With respect to preflight actions, CER believes it may need an exemption from 14 C.F.R. 

§ 91.103, because it will not have approved rotorcraft flight manuals. The petitioner asserts that 

an equivalent level of safety will be achieved by the PIC taking all preflight actions as set forth 

in its operating documents filed with this application. Additionally, a briefing will be conducted 

prior to each day's work.

With respect to minimum safe altitudes, CER requests relief from 14 C.F.R. § 91.119, 

because the petitioner's UAS will never operate above 499 feet AGL, in areas that are cordoned 
27

off with security parameters and in accordance with the close range aerial procedures contained 

in the operating documents.

With respect to 14 C.F.R. § 91.121 CER states that its UAS utilizes electronic global 

positioning systems and six internal gyroscopes to provide spatial coordination.

With respect to the fuel requirements in 14 C.F.R. § 91.151, CER contends that given the 

limitations on the UA's proposed flight area and the controlled nature of the area in which 

operations will occur, an equivalent level of safety can be achieved by stating its intention to 

land with 25% battery power remaining.

The FAA has previously granted exemptions in circumstances similar, in all material 

respects, to those presented herein (e.g., Exemption Nos. 8607, 8737, 8738, 9299, 9430, 9554, 

9564, 9565, 10167, 10673, 10835, 10869, 10968).

5. Reasons Why An Exemption From The Requirements Of Section 91.203(a)

And (b) Would Not Adversely Affect Safety.

This exemption would maintain the level of safety established by Sections 91.203(a) and 

(b) because CER will keep the required documents at the ground control station where the pilot 

in command flying the Aibot UAS will have immediate access.

Previous exemptions granted by the FAA concerning Sections 91.203(a) and (b) establish 

that safety is not adversely affected when the airworthiness certificate and U.S. registration 

certificate are kept at the ground control station of the UAS where it can be immediately 

accessed by the pilot in command. Specifically, the FAA has held that the intent of Sections 

91.203(a) and (b) are better served by having the required documents in the control of the UAS 

operator (pilot in command).
28

The FAA has previously granted exemptions in circumstances similar, in all material 

respects, to those presented herein (e.g., Exemption Nos. 8607, 8737, 8738, 9299, 9564, 9565, 

10167, 10602, 10673, 01835, 10869, 10968).

F. Any Additional Information Available To Support CER's Request.

CER is ready, willing and able to fully implement the Conditions and Limitations that 

FAA may require to operate the Aibot UAS in a manner that ensures the safe and frequent 

inspection of wind power turbines. CER's proposed operation is consistent with national policy 

objectives to further the development of renewable energy sources as well as the principles 

recognized by Congress in its adoption of Section 333. All of CER's operations will be 

conducted within the sterile envelopes of permitted obstructions under 14 C.F.R. Part 77. No 

flight will be at an altitude higher than the currently authorized obstruction. Indeed, CER's 

petition is consistent with two significant portions of FAA's mission: the safe operation of UAS 

aircraft and the careful regulation of obstructions in the UAS.

G. Federal Register Summary.

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the 

Federal Register, should it be determined that publication is needed:

Clean Energy Renewables, LLC seeks an exemption from the following rules:

14 C.F.R. Part 21, Subpart H; 14 C.F.R. § 91.203(a) & (b); 14 C.F.R. §§ 91.9(c), 45.23(b) and 

45.27(a); 14 C.F.R. § 61.113 (a) & (b); 14 C.F.R. § 91.7(a); 91.9(b)(2); 91.103; 91.109(a); 

91.119; 91.151(a); 91.203 (a) & (b); 91.405(a); 91.407(a)(1); 91.409(a)(2); 91.417 (a) & (b).

Approval of exemptions allowing commercial operations of small and lightweight 

unmanned aircraft ("sUAS") in for the inspection of renewable energy wind turbines will 

enhance safety by reducing risk to human life. Conventional operations in this industry using 
29

personnel to climb wind turbine structures present the risks associated with unknown hazards 

that often lead to accidents, incidents and fatalities.

In contrast, the fully equipped Aibot X6 sUAS weighing fewer than 15 lbs. and powered 

by batteries eliminates virtually all of that risk, given the reduced mass and lack of combustible 

fuel carried on board. The Aibot X6 sUAS is transported, not flown, to the designated survey 

area and set up. The Aibot X6 sUAS carries no passengers or crew and provides the inspection 

services eliminating the requirement for personnel to climb the structure and therefore does not 

expose personnel to the risks associated with unknown hazards.

The operation of sUASs like the Aibot X6, weighing less than 15 lbs., provides an 

equivalent level of safety and thus supports the grant of the exemptions requested herein, 

including exempting the applicant from the requirements of Part 21 and allowing commercial 

operations. The lightweight sUASs operate at slow speeds, close to the ground, and in a sterile 

environment adjacent to obstructions. As a result, they are far safer than conventional aerial 

survey and inspection operations conducted with fixed-wing aircraft or helicopters or manned 

tower climbs.

Conclusion

For the foregoing reasons, CER respectfully requests that the Secretary grant the 

foregoing petition and provide such other relief as may be appropriate.

Respectfully,

/s/ Raymond P. Fitzpatrick, Jr.

Raymond P. Fitzpatrick, Jr.

Attorney for Petitioner Clean Energy Renewables, LLC

1200 Corporate Drive, Suite 105

Birmingham, AL 35242

205-437-8846