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January 14, 2016 

U.S. Department of Transportation 

Docket Management System 1200 New 

Jersey Ave., SE Washington, DC 20590 

Re: Exemption Request Under Section 333 of the FAA Reform Act and Part 11 of the Federal 

Aviation Regulations 

Dear Sir or Madam: 

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

and 14 C.F.R. Part 11, PECO Energy Company (“PECO”), a Southeastern Pennsylvania-based utility that 

delivers reliable electricity for 1.6 million customers and natural gas for 500,000 customers throughout 

the region, seeks exemptions from the Federal Aviation Regulations so that it may conduct utility system 

monitoring by small Unmanned Aircraft Systems (UASs). PECO’s limited proposed use of UASs does 

not create a threat to users of the national air space (NAS), the public or national security because of their 

small size, low weight, low speed, safety features, and strict operating requirements. PECO’s proposed 

use of UASs thoroughly addresses the safety criteria found in the FAA’s previous grants of exemption, 

including to its sister company Commonwealth Edison Company (“ComEd”) (Exemption No. 11185). 

The name and address of the applicant is as follows: 

PECO Energy Company 

2301 Market Street 

Philadelphia, PA 19103 

Attn: William McGill 

The CFRs from which Relief is Sought 

PECO seeks exemption from the same regulations as ComEd, as well as three additional 

regulations, which are emphasized below. The regulations from which the exemption is requested are as 

follows (see Appendix A for exemption request reasons and equivalent level of safety): 

14 CFR 61.23(a) and (c) 

14 CFR 61.101(e)(4) and (5) 

14 CFR 61.113(a) and (b) 

14 CFR 61.315(a) 

14 CFR 91.7(a) 

14 CFR 91.119(c) 

14 CFR 91.121 

14 CFR 91.151(a)(1) 

14 CFR 91.405(a) 

14 CFR 91.407(a)(1) 

14 CFR 91.409 (a)(1) and (2) 

14 CFR 91.417 (a) and (b) 
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The Proposed Operations 

The requested exemptions would permit PECO to conduct operations of the Sensefly’s eXom, 

Aerialtronics’s Altura Zenith, the Drone America’s DAx8, and the Aerial Inspection Resources’ EZ RIG 

(the “Proposed UASs”) for the limited purposes of electric transmission, natural gas line, and distribution 

utility system (“PECO System”) and OSHA tower aerial imaging, monitoring, servicing and repair. In 

particular, the requested exemption would authorize operation of the Proposed UASs to gather 

information on the condition of the PECO System and OSHA towers in hard-to-access areas (and repair 

and service where necessary and practicable), including the assessment of storm damage and other power 

outages or emergencies (the “Proposed Operations”). 

The Proposed Operations will Maintain an Equivalent Level of Safety 

PECO submits the Proposed Operations will advance the Congressional mandate in Section 333 

of the Reform Act to accelerate the safe introduction of UASs into the national airspace system (NAS). 

This law directs the Secretary of Transportation to consider whether certain UASs may operate safely 

in the NAS. In making this determination, the Secretary is required to determine if certain UASs do 

not create a threat to users of the NAS, the public, or national security in light of the following: 

 The UAS’ size, weight, speed, and operational capability;

 Operation of the UAS in close proximity to airports and populated areas; and

 Operation of the UAS within visual line of sight of the operator

As listed below, the Proposed Operations under the 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. See also Appendix A. The Proposed UASs will be operated under 

controlled conditions by qualified operators. They will be flown in airspace that is limited in scope, as 

described more fully herein, and detailed in the Certificate of Authorization application. 

Specifically, a Grant of Exemption to PECO will be subject to the following mandatory conditions, 

which provide at least an equivalent or higher level of safety than under the current operations. PECO 

welcomes the opportunity to consult with FAA staff in order to address any issues or concerns that this 

proposal may raise that they believe may require modification. 

1. Operations authorized by this grant of exemption are limited to the following aircraft: 1) the

Drone America DAx8 weighing less than 17.6 lbs including payload; 2) the Aerialtronics Altura

Zenith weighing less than 20 lbs including payload; 3) the Sensefly eXom weighing less than 5 lbs

including payload; and 4) the Aerial Inspection Resources EZ RIG weighing less than 8.8 lbs

including payload. Proposed operations of any other aircraft will require a new petition or a

petition to amend this grant.

2. Proposed UAS operations under this exemption are limited to the Proposed Operations outlined

above.

3. The UAS may not be operated at a speed exceeding 87 knots (100 miles per hour). The exemption

holder may use either groundspeed or calibrated airspeed to determine compliance with the 87

knot speed restriction. In no case will the UAS be operated at airspeeds greater than the maximum

UAS operating airspeed recommended by the aircraft manufacturer.
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4. Flights must be operated at an altitude of no more than 500 feet above ground level (AGL). All

altitudes reported to ATC must be in feet AGL.

5. The Proposed UASs must be operated within visual line of sight (VLOS) of the PIC (Pilot in

Command) at all times. This requires the PIC to be able to use human vision unaided by any

device other than corrective lenses, as specified on the PIC’s FAA-issued medical certificate.

6. All operations must utilize a visual observer (VO). The Proposed UASs must be operated within

the visual line of sight (VLOS) of the PIC and VO at all times. The VO may be used to satisfy the

VLOS requirement as long as the PIC always maintains VLOS capability. The VO and PIC must

be able to communicate verbally at all times. Electronic messaging or texting is not permitted

during flight operations. The PIC must be designated before the flight and cannot transfer his or

her designation for the duration of the flight. The PIC must ensure that the VO can perform the

functions prescribed in the operating documents.

7. The operating documents and this grant of exemption must be accessible during UAS operations

and made available to the Administrator upon request. If a discrepancy exists between the

conditions and limitations in this exemption and the procedures outlined in the operating

documents, the conditions and limitations herein take precedence and must be followed.

Otherwise, the operator must follow the procedures as outlined in its operating documents. The

operator may update or revise its operating documents. It is the operator’s responsibility to track

such revisions and present updated and revised documents to the Administrator upon request. The

operator must also present updated and revised documents if it petitions for extension or

amendment to this grant of exemption. If the operator determines that any update or revision

would affect the basis upon which the FAA granted this exemption, then the operator must

petition for an amendment to its grant of exemption. The FAA’s UAS Integration Office (AFS-80)

may be contacted if questions arise regarding updates or revisions to the operating documents.

8. Prior to each flight the PIC must inspect the Proposed UAS to ensure it is in a condition for safe

flight. If the inspection reveals a condition that affects the safe operation of the UAS, the aircraft

is prohibited from operating until the necessary maintenance has been performed and the

Proposed UAS is found to be in a condition for safe flight. The Ground Control Station must be

included in the preflight inspection. All maintenance and alterations must be properly documented

in the aircraft records.

9. Any Proposed UAS that has undergone maintenance or alterations that affect its operation or

flight characteristics, e.g. replacement of a flight critical component, must undergo a functional

test flight. The PIC who conducts the functional test flight must make an entry in the UAS aircraft

records.

10. The pre-flight inspection section in the operating documents must account for all potential

discrepancies, e.g. inoperable components, items, or equipment, not already covered in the

relevant sections of the operating documents.

11. The operator must follow the Proposed UAS manufacturer’s aircraft/component, maintenance,

overhaul, replacement, inspection, and life limit requirements.
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12. The operator must carry out its maintenance, inspections, and record keeping requirements in

accordance with the operating documents. Maintenance, inspection, alterations, and status of

replacement/overhaul component parts must be noted in the aircraft records, including total time

in service, description of work accomplished, and the signature of the authorized person returning

the Proposed UAS to service.

13. Each Proposed UAS operated under this exemption must comply with all manufacturer System

and Safety Bulletins.

14. The authorized person must make an entry in the aircraft record of the corrective action taken

against discrepancies discovered between inspections.

15. The PIC must possess at least an airline transport, commercial, private, recreational, or sport pilot

certificate and possess an FAA airman medical certificate or a valid U.S. driver’s license issued

by a state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal

Government or other credential required by the FAA. The PIC must also meet the flight review

requirements specified in 14 CFR 61.56 in an aircraft in which the PIC is rated on his or her pilot

certificate.

16. The operator may not permit any PIC to operate unless the PIC meets the operator’s qualification

criteria and demonstrates the ability to safely operate the Proposed UAS in a manner consistent

with how the UAS will be operated under this exemption, including evasive and emergency

maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures.

PIC qualification flight hours and currency must be logged in a manner consistent with 14 CFR §

61.51(b). The VO is also required to complete the operator’s training requirements. A record of

training must be documented and made available upon request by the Administrator. Flights for

the purposes of training the operator’s PICs and VOs (training, proficiency, and experiencebuilding), are permitted under the terms of this exemption. However, training operations may only

be conducted during dedicated training sessions. During training, proficiency, and experiencebuilding flights, all persons not essential for flight operations are considered nonparticipants, and

the PIC must operate the Proposed UASs with appropriate distance from nonparticipants in

accordance with 14 CFR § 91.119.

17. Proposed UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All

operations must be conducted under visual meteorological conditions (VMC). Flights under

special visual flight rules (SVFR) are not authorized.

18. The Proposed UAS may not operate within 5 nautical miles of an airport reference point as

denoted on a current FAA-published aeronautical chart unless a letter of agreement with that

airport’s management is obtained, and the operation is conducted in accordance with a NOTAM

as required by the operator’s COA. The letter of agreement with the airport management must be

made available to the Administrator upon request.

19. The Proposed UASs may not be operated less than 500 feet below or less than 2,000 feet

horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.
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20. If a Proposed UAS loses communications or loses its GPS signal, the Proposed UAS must return

to a pre-determined location within the private or controlled-access property and land or be

recovered in accordance with the operating documents.

21. The PIC must abort the flight in the event of unpredicted obstacles or emergencies in accordance

with the operating documents.

22. The PIC is prohibited from beginning a Proposed UAS flight unless (considering wind and

forecast weather conditions) there is enough power to fly at normal cruising speed to the intended

landing point and land the Proposed UAS with at least 20% battery power remaining.

23. Notwithstanding the blanket COA to be issued with stated requirements upon grant of this

exemption, the operator must obtain an Air Traffic Organization (ATO) issued Certificate of

Waiver or Authorization (COA) prior to conducting any operations under this grant of exemption

beyond the blanket COA. This COA will also require the operator to request a Notice to Airman

(NOTAM) not more than 72 hours in advance, but not less than 24 hours prior to the operation.

All operations shall be conducted in accordance with airspace requirements in the ATO issued

COA including class of airspace, altitude level and potential transponder requirements.

24. All aircraft operated in accordance with this exemption must be identified by serial number,

registered in accordance with 14 CFR part 47, and have identification (N-Number) markings in

accordance with 14 CFR part 45, Subpart C. Markings must be as large as practicable.

25. Before conducting operations, the radio frequency spectrum used for operation and control of the

Proposed UAS must comply with the Federal Communications Commission (FCC) or other

appropriate government oversight agency requirements.

26. The documents required under 14 CFR 91.9 and 91.203 must be available to the PIC at the

Ground Control Station of the Proposed UAS any time the aircraft is operating. These documents

must be made available to the Administrator or any law enforcement official upon request.

27. The Proposed UAS must remain clear and yield the right of way to all other manned operations

and activities at all times.

28. The Proposed UAS may not be operated by the PIC from any moving device or vehicle.

29. The Proposed UAS may not be operated directly over congested or densely populated areas (i.e.,

areas where it is impractical to operate under the Flight restrictions of Paragraph 30).

30. All Flight operations must be conducted at least 500 feet from all nonparticipating persons,

vessels, vehicles, and structures unless:

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

the Proposed UAS and/or debris in the event of an accident. The operator must ensure that 

nonparticipating persons remain under such protection. If a situation arises where 

nonparticipating persons leave such protection and are within 500 feet of the Proposed 

UAS, flight operations must cease immediately and/or; 
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b. The aircraft is operated near vessels, vehicles or structures where the owner/controller of

such vessels, vehicles or structures has granted permission and the PIC has made a safety 

assessment of the risk of operating closer to those objects and determined that it does not 

present an undue hazard, and; 

c. Operations nearer to the PIC, VO, operator trainees or essential persons do not present an

undue hazard to those persons per § 91.119(a).

31. All operations shall be conducted over private or controlled-access property with permission from

the property owner/controller or authorized representative. Permission from property

owner/controller or authorized representative will be obtained for each flight to be conducted.

32. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the

operational area as defined by the applicable COA must be reported to the FAA’s UAS

Integration Office (AFS-80) within 24 hours. Accidents must be reported to the National

Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site:

www.ntsb.gov.

Unless otherwise specified in this grant of exemption, Proposed UASs, pilot in command (PIC),

and operator must comply with all applicable parts of 14 CFR including, but not limited to, parts 45, 47, 

61, and 91. 

The Public Will Benefit from the Proposed Operations 

The Proposed Operations have the potential to enhance PECO’s ability to promptly assess the 

condition of the PECO System safely and efficiently. It would allow PECO to survey more territory 

faster, safer, and more fuel efficiently than it can using existing methods on foot or using helicopters or 

other low flying aircraft, resulting in improved reliability of electrical and natural gas services for our 

customers. Having reliable electricity and natural gas greatly benefits the public, especially in the Winter 

and Summer months where climate-controlled environments are often necessary for survival. 

The operation of the UASs for inspections in accordance with the strict conditions outlined herein 

will provide more than an equivalent level of safety, supporting the grant of the exemptions requested. 

Approval of the exemption allowing operations of the UASs for inspections will enhance safety by 

reducing the risks inherent in PECO’s present operations. Current aerial inspection operations of the 

PECO System using conventional rotary aircraft, present risks associated with vehicles that often weigh 

in excess of 5,000 to 7,000 lbs and carry large quantities of fuel, passengers, and cargo. Such aircraft 

must fly to and from the inspection locations, often over residential properties. The UASs only weigh (at 

most) approximately 55 lbs (including payload), is powered by batteries, and will be carried to the 

inspection location. Further, the UASs will carry no passengers or crew and, therefore, will not expose 

any individuals to the risks associated with manned aircraft flights. All of these factors greatly reduce the 

risks associated with conventional operations and benefit the public. 

The Proposed Operations will also benefit the public by lessening the environmental footprint of 

conventional operations. UASs require less fuel and will help eliminate sources of hydrocarbon 

emissions from manned aircraft. In addition, the Proposed Operations will reduce foot traffic in 

environmentally sensitive areas. UASs will allow PECO to forego having technicians on foot, or in 
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trucks or other vehicles, which may disrupt sensitive natural habitats that are important for the 

preservation of biodiversity. 

Finally, the Proposed Operations will be less invasive to the public’s privacy than conventional 

methods. Conventional aircraft are louder than UASs and are more of a disruption to the private 

residents. Having a team on the ground is also more invasive to the public’s privacy rights than the 

Proposed Operations, which will not be conducted in a way that violates reasonable expectations of 

privacy.

The Proposed UAS Make and Model 

The Aerialtronics Altura Zenith (the “Zenith”) consists of an aircraft, transmitter, and tablet. The 

aircraft is propelled by eight propellers. It is electrically powered by lithium polymer batteries and 

therefore presents no fuel spill risk. The Zenith is equipped with an RF radio control module (transmitter) 

that enables full manual control by a single pilot. The operator can manage the flight, payload or camera 

functions from the ground. In the dual operation mode the system is configured with a second control unit 

to facilitate a focus on both the flight as well as the payload configuration. This allows the users to 

perform safe, steady flights whilst delivering optimal data or imagery. The FAA has previously 

determined the airworthiness of the Zenith in Exemption No. 12655. 

The Sensefly eXom (the “eXom”) consists of an aircraft, a remote control, and a dual band USB 

radio modem. The aircraft is propelled by four propellers. It is electrically powered by lithium polymer 

batteries and therefore presents no fuel spill risk. The eXom is equipped with an RF interactive controller 

that enables full manual control by a single pilot. The FAA previously determined the airworthiness of 

the eXom in Exemption No. 12284. 

The Drone America DAx8 (“DAx8”) consists of an aircraft, a remote control, and a tablet-PC 

(optional). The aircraft is propelled by eight propellers. It is electrically powered by lithium polymer 

batteries and therefore presents no fuel spill risk. The DAx8 includes advanced software and GPS 

guidance that provide the aircraft with self-stabilizing capability and multi-waypoint navigation. Safety 

mechanisms include automatic return home and land when any of the following are triggered: low battery 

voltage; lost communications; violation of airspace; and other user selectable trigger options. The DAx8 

includes Geofencing and user selectable contingency flight plans with applicable restrictions. The FAA 

has previously determined the airworthiness of the DAx8 in Exemption No. 11450. 

The Aerial Inspection Resources EZ RIG (“EZ RIG”) consists of an aircraft, a remote control, and 

a transmitter. The aircraft is propelled by four propellers. The EZ RIG is designed to be used with the 

DJI NAZA-M V2 flight control system. The system includes an internal measurement unit (IMU), main 

controller (MC) and GPS. Information regarding the flight’s telemetry data, including the battery power 

voltage, flight velocity, height, distance from the home point, horizontal attitude, and GPS satellite 

numbers, are available to the pilot in command (PIC) through the dedicated ground control system, 

connected through the DJI data link. With the Naza-M V2 flight control system, if Tx signal is lost for 

more than three seconds and the UA is under 65 feet (20 m.) AGL, the UA will rise to 65 feet AGL, 

travel horizontally to the pre-designated home spot, hover for 15 seconds, then autoland. If the UA is 

above 65 feet AGL, it will travel horizontally to the pre-designated home spot, hover for 15 seconds, then 

auto-land. Approval for the EZ RIG has been submitted to the FAA by Aerial Inspection Resources. See

Amendment to Aerial Inspection Resources, Inc., Exemption No. 11467 Regulatory Docket No. FAA2015-0261. 

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APPENDIX A 

EXEMPTION REQUESTS 

WITH REASONS FOR REQUESTS AND EQUIVALENT LEVEL OF SAFETY 

PECO requests an exemption from the following regulations as well as any additional regulations 

that may technically apply to the operation of the UASs: 

Part 61 

14 CFR 61.23(a) and (c) Medical Certificates: Requirement and Duration 

These sections require certain operators to hold first or third-class medical certificates. The FAA 

routinely exempts UAS operators from these regulations. See, e.g., Exemption Nos. 14076, 14077, 14091, 

14092, 12358, 11450, 11460, and 11238. PECO should likewise be exempt from 14 CFR 61.23(a) and 

(c). 

14 CFR 61.101(e)(4) and (5) Recreational Pilot Privileges and Limitations 

These sections forbid recreational pilots from acting as a pilot of an aircraft “for compensation or 

hire” or “in furtherance of a business.” Again, the FAA routinely exempts UAS operators from these 

regulations, allowing sport pilots to operate UASs for compensation and in furtherance of a business. See, 

e.g., Exemption Nos. 14076, 14077, 14091, 13719, 11238; see also Rule 333 FAQs at 

https://www.faa.gov/uas/legislative_programs/section_333/333_faqs/ (last visited Jan. 5, 2016) (“Do I 

need a Pilot’s license to petition for exemption under Section 333? . . . a PIC must hold either an airline 

transport, commercial, private, recreational, or sport pilot certificate.”). 

14 CFR 61.113(a) and (b)Private Pilot Privileges and Limitations: Pilot in Command 

Based on the private pilot limitations in accordance with pertinent parts of 14 CFR § 61.113(a) 

and (b), a pilot holding a private pilot certificate cannot act as a PIC of an aircraft for compensation or 

hire unless the flight is only incidental to a business or employment. Unlike a conventional aircraft that 

carries a pilot, passengers, and cargo, the sUAS is remotely controlled with no passengers or property of 

others on board. The area of operation is controlled and restricted, and all flights are planned and 

coordinated in advance as set forth in the Operator’s Manual. In conjunction with the required training of 

the PIC and observers, the level of safety provided by the requirements included in the Operator’s Manual 

exceeds that provided by a single individual holding a commercial pilot certificate operating a 

conventional aircraft. The proposed operations will achieve at least an equivalent level of safety 

 In addition, in Grant of Exemption No. 11062 to Astraeus Aerial (“Astraeus”) (see Docket No. 

FAA-2014-0352), the FAA determined that a PIC with a private pilot certificate operating the Astraeus 

UAS would not adversely affect operations in the NAS or present a hazard to persons or property on the 

ground. See also Exemption No. 11185 (allowing ComEd to operate without compliance with 61.113(a) 

and (b)). Further, in Grant of Exemption Nos. 11450 and 11460 to Drone America L.L.C. (“Drone 

America”) (See Docket Nos. FAA-2015-0126 and FAA-2015-0273) and Exemption No. 11238 to San 

Diego Gas & Electric Company (See Docket No. FAA-2014-0719), the FAA permitted a PIC to hold 
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“either an airline transport, commercial, private, recreational, or sport pilot certificate.” See also Rule 333 

FAQs at https://www.faa.gov/uas/legislative_programs/section_333/333_faqs/ (last visited Jan. 5, 2016) 

(“Do I need a Pilot’s license to petition for exemption under Section 333? . . . a PIC must hold either an 

airline transport, commercial, private, recreational, or sport pilot certificate.”). 

 Given: 1) the limited size, weight, speed of the proposed UASs; 2) the similar nature of the 

petitioner’s proposed operating environment to that of ComEd; 3) the parallel nature of the proposed pilot 

requirements to those allowed in Exemption Nos. 11062, 11185, 11450, and 1146 and other exemptions; 

and 4) the limited airmanship skills necessary to operate the UASs, the FAA should permit PECO’s 

request to be exempt from 14 CFR 61.113. 

14 CFR 61.315(a) What are the Privileges and Limits of My Sport Pilot Certificate? 

These sections forbid sport pilots from acting as a pilot of an aircraft “for compensation or hire” 

or “in furtherance of a business,” among other things. Again, as explained above, the UASs achieve an 

equivalent level of safety, and the FAA routinely exempts UAS operators from these regulations, 

allowing recreational pilots to operate UASs for compensation and in furtherance of a business. See, e.g., 

Exemption Nos. 14076, 14077, 14091, 13719, 11238; see also Rule 333 FAQs at 

https://www.faa.gov/uas/legislative_programs/section_333/333_faqs/ (last visited Jan. 5, 2016) (“Do I need a 

Pilot’s license to petition for exemption under Section 333? . . . a PIC must hold either an airline 

transport, commercial, private, recreational, or sport pilot certificate.”). 

Part 91 General Operating and Flight Rules 

14 CFR 91.7(a) Civil Aircraft Airworthiness 

The Proposed UASs should not require an airworthiness certificate. See Exemption No. 11185 

(exempting ComEd from 91.7(a)). In the ComEd Exemption, the FAA considered the petitioner’s 

compliance with its operating documents to be a sufficient means for determining an airworthy condition. 

As in ComEd, PECO is still required to ensure that its aircraft is in an airworthy condition – based on 

compliance with the operating documents prior to every flight, and as stated in the conditions and 

limitations. As the FAA has done with previous exemption grants, airworthiness will be ensured and an 

equivalent level of safety will be achieved by compliance with the operating documents prior to every 

flight. 

14 CFR 91.119(c) Minimum safe altitudes: General. 

Section 91.119 establishes safe altitudes for operation of civil aircraft. Specifically, 91.119(c) 

limits aircraft flying over areas other than congested areas to 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. 

As set forth herein, the UASs will not operate at higher than 500 feet AGL. They will, however, 

be operated to avoid congested or populated areas as set forth in operating conditions. Because many 

electric utility system condition inspections must be accomplished at relatively low altitudes and at 
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altitudes less than 500 feet AGL, an exemption from Section 91.119(c) is needed. Some of PECO’s 

transmission towers, however, are 500 feet high, so PECO requests that the maximum altitude be 500 

feet, rather than 400 feet limitation found in several recent FAA exemption grants, so that it can 

adequately inspect these towers. A 500 feet maximum altitude is supported by the FAA’s Notice of 

Proposed Rule Making (Docket No.: FAA-2015-0150; Notice No. 15-01), which proposes a maximum 

altitude of 500 feet AGL for small UASs. 

The equivalent level of safety will be achieved given the size, weight, speed, and material with 

which the UASs are built. In addition, notice will be provided as specified in the operating conditions. 

Because of this notice, all affected individuals will be aware of the flights. Compared to aerial inspection 

operations conducted with aircraft or rotorcraft which carry flammable fuel and weigh far more than the 

UASs’ maximum operating weight of 55 lbs (including payload) specified herein, any risk associated 

with these operations will be far less than those currently allowed with conventional aircraft operating at 

or below 500 AGL. The low altitude operations of the UASs will maintain separation between UASs 

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

believes that an exemption from 14 CFR 91.119 is safe and within the scope of a prior exemption. See, 

e.g., Exemption No. 11185 (allowing ComEd to operate without compliance with 91.119(c)).

14 CFR 91.121 Altimeter settings. 

This section requires that each person operating an aircraft 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.” 

Because all of the UASs do not have barometric altimeters, PECO requests an exemption from 

this requirement. An equivalent level of safety will be achieved according to guidelines outlined in the 

operating manuals. Specifically, the Zenith uses a barometer and GPS to measure and maintain an 

appropriate altitude. The FAA has previously determined the airworthiness of the Zenith in Exemption 

No. 12655. The eXom uses a barometer, magnetometer, GNSS receiver, IMU, Ultrasonic sensors, and 

Navcams to maintain an appropriate altitude. The FAA previously determined the airworthiness of the 

eXom in Exemption No. 12284. DAx8 incorporates a sophisticated military grade autopilot that provides 

the telemetry data back to the ground control tablet, including a full Electronic Flight Instrument System 

(EFIS) which displays altitude, GPS, airspeed, battery voltages with many other parameters available and 

positioning on the moving map display. The FAA has previously determined the airworthiness of the 

DAx8 in Exemption No. 11450. EZ RIG includes telemetry sensors, an IMU, and GPS to safely maintain 

altitude. Approval for the EZ RIG has been submitted to the FAA by Aerial Inspection Resources. See

Amendment to Aerial Inspection Resources, Inc. Exemption No. 11467 Regulatory Docket No. FAA2015-0261. Also, because all operations are within 500 feet AGL of the ground and clear of the airspace 

used by most aircraft, this procedure ensures an increased level of safety. PECO believes that an 

exemption from 14 CFR 91.121 is safe and within the scope of a prior exemption. See Exemption No. 

11185 (allowing ComEd to operate without compliance with 91.121). 

14 CFR 91.151 Fuel requirements for flights in VFR conditions. 

This regulation 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 
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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.” 

Without an exemption from 14 CFR 91.151, the UASs’ flight times would be unnecessarily 

limited. Given the limitations on its proposed operations and the location of those proposed operations, a 

longer time frame for flight in daylight VFR conditions is reasonable. PECO believes that an exemption 

from 14 CFR 91.151 is safe and within the scope of a prior exemption. See Exemption No. 11185 

(allowing ComEd to operate without compliance with 91.151(a)(1)). Operating the UASs without 30 

minutes of reserve fuel does not engender the type of risks that Section 91.151 was meant to prevent 

given the size and speed at which the UAS operates. The fact that it carries no pilot, passenger, or heavy 

cargo also enhances its safety. Additionally, limiting the UASs flight times would greatly reduce their 

utility. In the unlikely event that a UAS should run out of fuel (battery power), it would land. Given its 

weight and construction material, the risks are less than contemplated by the current regulation. 

PECO believes that an equivalent level of safety can be achieved by maintaining reserve battery 

power to return the UAS to its planned landing zone from anywhere in its prescribed and controlled 

operating area. The FAA has granted similar relief for manned aircraft to operate at less than prescribed 

minimums, including Exemption Nos. 2689, 5745, and 10650. In addition, similar UAS-specific relief 

has been granted in Exemption Nos. 8811, 10808, and 10673 for daytime, VFR conditions. 

14 CFR 91.405 Maintenance required, 91.407 Operation after maintenance, preventive 

maintenance, or alteration, 91.409 Inspections, and 91.417 Maintenance records. 

Section 91.405(a) requires 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 ...” 

Section 91.407 similarly makes reference to requirements in Part 43; Section 91.409(a)(2) requires 

an annual inspection for the issuance of an air worthiness certificate. Section 91.417(a) requires the owner 

or operator to keep records showing certain maintenance work that has been accomplished by certificated 

mechanics, under Part 43, or licensed pilots and records of approval of the aircraft for return to service. 

The UASs are nearly maintenance free and include pre-flight checks to ensure an equivalent level 

of safety. An equivalent level of safety will be achieved because the UAS is small in size, will carry no 

heavy payload, will operate only in restricted pre-selected areas and is not a complex mechanical device. 

As provided in the operating manuals, the operator of the UASs will ensure that they are in working order 

prior to initiating flight, perform required maintenance, and keep a log of any maintenance that is 

performed. Moreover, the operator is the person most familiar with the aircraft and is best suited to 

maintain the aircraft in an airworthy condition and to ensure an equivalent level of safety. 

Further, the FAA routinely allows UASs to be exempt from these regulations, including for three 

of the four UASs that are the subject of this Petition (the fourth Petition is pending). See Exemption No. 

12655 (exempting the Zenith from these regulations); No. 12284. (exempting the eXom from these 

regulations); and No. 11450 (exempting the DAx8 from these regulations). PECO believes that an 
5 

exemption from these CFRs is safe and within the scope of prior exemptions. See, e.g., Exemption No. 

11185 (allowing ComEd to operate without compliance with 91.405(a), 91.407(a)(1), 91.409(a)(1) and 

(2), and 91.417(a)and (b)).