1 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 fo r 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, sa fety features, and strict operati ng 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 comp any 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 regulati ons 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)2 The Proposed Operations The requested exemptions would permit PECO to conduct operations of the Sensefly’s eXom, Aerialtronics’s Altura Zenith, th e Drone America’s DAx8, and the Aeri al Inspection Resources’ EZ RIG (the “Proposed UASs”) for the limited purposes of elect ric transmission, natural ga s line, and distribution utility system (“PECO System”) and OSHA tower aeri al imaging, monitoring, serv icing and repair. In particular, the requested exemption would authorize operation of the Proposed UASs to gather information on the condition of the PE CO System and OSHA towers in hard-to-access areas (and repair and service where necessary and practicable), includi ng the assessment of stor m 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 Congressi onal 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 certai n UASs may operate safely in the NAS. In making this dete rmination, the Secretary is require d to determine if certain UASs do not create a threat to users of the NAS, the public , or national security inlight 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 visualline of sight of the operator
As listed below, the Proposed Operations under th e exemption will be subj ect to strict operating requirements and conditions to ensure at least an e quivalent 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 th e Certificate of Authorization application. Specifically, a Grant of Exempti on to PECO will be subject to the following mandatory conditions, which provide at least an equivale nt or higher level of safety thanunder the current operations. PECO welcomes the opportunity to consult w ith FAA staff in order to address a ny issues or concerns that this proposal may raise that they be lieve may require modification.

1. Operations authorized by this gr ant of exemption are limited to the following aircraft: 1) the Drone America DAx8 weighing less than 17.6 lbs in cluding payload; 2) th e 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 Inspec tion Resources EZ RIG we ighing 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 dete rmine compliance with the 87 knot speed restriction. In no case wi ll the UAS be operated at airs peeds greater than the maximum UAS operating airspeed recommended by the aircraft manufacturer.3 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 operate d 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 specifiedon the PIC’s FAA-issued medical certificate.

6. All operations must utilize a vi sual 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 te xting is not permitted during flight operations. The PIC mu st be designated before the f light and cannot transfer his or her designation for the duration of the flight. Th e PIC must ensure that the VO can perform the functions prescribed in the operating documents.

7. The operating documents and this grant of exem ption must be accessible during UAS operations and made available to the Administrator upon request. If a discrepanc y 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 follo w the procedures as outlined in its operating documents. The operator may update or revise its operating documents. It is the ope rator’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 exem ption. If the operator determines that any update or revision would affect the basis upon which the FAA grante d this exemption, then the operator must petition for an amendment to it s 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 Propos ed 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 necess ary maintenance has been performed and the Proposed UAS is found to be in a condition for sa fe flight. The Ground Control Station must be included in the preflight inspec tion. All maintenance and alterati ons 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 flig ht critical component, must undergo a functional test flight. The PIC who conducts th e functional test flight must make an entry in the UAS aircraft records.

10. The pre-flight inspectio n section in the operating documents must account fo r 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 manu facturer’s aircraft/component, maintenance, overhaul, replacement, inspecti on, and life limit requirements.4 12. The operator must carry out its maintenance, in spections, and record keeping requirements in accordance with the operating doc uments. Maintenance, inspecti on, alterations, and status of replacement/overhaul component part s must be noted in the aircraftrecords, 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 exempti on must comply with all manufacturer System and Safety Bulletins.

14. The authorized person must make an entry in the aircraft recordof the corrective action taken against discrepancies discove red between inspections.

15. The PIC must possess at least an airline transport, commercial, private, recr eational, or sport pilot certificate and possess an FAA airm an medical certificate or a validU.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 PI C is rated on hi s 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 ab ility to safely operate the Proposed UAS in a manner consistent with how the UAS will be oper ated under this exemption, incl uding 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 require ments. A record of training must be documented and made availabl e upon request by the Administrator. Flights for the purposes of training the op erator’s PICs and VOs (traini ng, proficiency, and experiencebuilding), are permitted under the terms of this exemption. However, training operations may onlybe conducted during dedicated training sessions. During training, proficiency, and experiencebuilding flights, all persons not essential for flight operations ar e considered nonparticipants, and the PIC must operate the Proposed UASs with appropriate distance fr om nonparticipants in accordance with 14 CFR § 91.119.

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

. All operations must be conducted under vi sual meteorological conditions (VMC). Flights under special visual flight rules (SVFR) are not authorized.

18. The Proposed UAS may not operate within 5 nautic al miles of an airport reference point as denoted on a current FAA-published aeronautical ch art unless a letter of agreement with that airport’s management is obtained, and the operati on 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 Ad ministrator upon request.

19. The Proposed UASs may not be operated less th an 500 feet below orless than 2,000 feet horizontally from a cloud or whenvisibility is less than 3 statute miles from the PIC.5 20. If a Proposed UAS loses communications or loses its GPS signal, the Proposed UAS must return to a pre-determined location within the privat e or controlled-access pr operty and land or be recovered in accordance with the operating documents.

21. The PIC must abort the flight inthe event of unpredicte d obstacles or emerge ncies in accordance with the operating documents.

22. The PIC is prohibited from beginning a Propos ed 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 Propos ed 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 Tra ffic Organization (ATO) issued Certificate of Waiver or Authorization (COA) prior to conducti ng 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, butnot less than 24 hours prior to the operation. All operations shall be conducted in accordance w ith 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 ex emption 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 Federa l Communications Commission (FCC) or other appropriate government oversig ht 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 tim e the aircraft is oper ating. 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 th e 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 densel y populated areas (i.e., areas where it is impractical to operate under the Flight rest rictions of Paragraph 30).

30. All Flight operations must be conducted at l east 500 feet from all nonparticipating persons, vessels, vehicles, and structures unless:
a. Barriers or structures are present that su fficiently protect nonparticipating persons from

the Proposed UAS and/or debris in the event of an accident. The operator must ensure that nonparticipating persons remainunder such protec tion. If a situat ion arises where nonparticipating persons leave such protection and are within 500 feet of the Proposed UAS, flight operations mustcease immediately and/or;6 b. The aircraft is operated near vessels, vehicles or structures where the owner/controller of

such vessels, vehicles or structures has gr anted 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 pe rsons do not present an

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

31. All operations shall be conducted over private or controlled-acce ss property with permission from the property owner/controller or authorizedrepresentative. Permission from property owner/controller or authorized re presentative will be obtained fo r each flight to be conducted.

32. Any incident, accident, or flight operation that transgresses the lateral or verticalboundaries 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. A ccidents 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 ex emption, Proposed UASs, pilot in command (PIC), and operator must comply with a ll 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 effici ently than it can using existing methods on foot or using helicopters or other low flying aircraft, resulting in improved reliab ility of electrical and natu ral gas services for our customers. Having reliable electricity and natural gas greatly benefits th e public, especially in the Winter and Summer months where climate-controlled en vironments are often necessary for survival. The operation of the UASs for inspections in acco rdance 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 th e UASs for inspections will enhance safety by reducing the risks inherent in PECO ’s present operations. Current ae rial inspection operations of the PECO System using conventional rotary aircraft, present risks associatedwith vehicles that often weigh in excess of 5,000 to 7,000 lbs and carry large quantitie s 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 (includi ng payload), is powered by batterie s, 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 airc raft flights. All of these factors greatly reduce the risks associated with conventional operations and be nefit 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 eliminat e 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 in7 trucks or other vehicles, which may disrupt sensitive natural habitats that are important for the preservation of biodi versity. Finally, the Proposed Operations will be less invasive to the public’s privacy than conventional methods. Conventional aircraft ar e 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 violat es reasonable expectations of privacy. The Proposed UAS Make and Model
The Aerialtronics Altura Zenith (the “Zenith”) cons ists 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 conf igured 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 optim al data or imagery. The FAA has previously determined the airworthiness of th e 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 propell ers. It is electrically powered by lithium polymer batteries and therefore presents no fuelspill risk. The eXom is equipped with an RF interactive controller that enables full manual control by a single pilot. Th e FAA previously determin ed the airworthiness of the eXom in Exemption No. 12284. The Drone America DAx8 (“DAx8”) c onsists of an aircraft, a remo te control, and a tablet-PC (optional). The aircraft is propelled by eight prope llers. 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 whenany of the following ar e triggered: low battery voltage; lost communications; violati on of airspace; and other user sele ctable trigger options. The DAx8 includes Geofencing and user selectab le contingency flight plans with applicable restri ctions. The FAA has previously determined the airworthiness of the DAx8 in Exemption No. 11450. The Aerial Inspection Resources EZRIG (“EZ RIG”) consists of an aircraft, a remote control, and a transmitter. The aircraft is propelled by four propell ers. 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 dedicate d 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 f eet (20 m.) AGL, the UA w ill rise to 65 feet AGL, travel horizontally to the pre-designated home spot, hover for 15 se conds, then autoland. If the UA is above 65 feet AGL, it will travel horizontally to the pre-designated hom e spot, hover for 15 seconds, then auto-land. Approval for the EZ RIG has been submitte d to the FAA by Aerial Inspection Resources. See Amendment to Aerial Inspection Resources, Inc ., Exemption No. 11467 Regulatory Docket No. FAA2015-0261.1 APPENDIX A
EXEMPTION REQUESTS WITH REASONS FOR REQUESTS AND EQUIVALENT LEVEL OF SAFETY
PECO requests an exemption from the following re gulations 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 Cert ificates: Requirement and Duration
These sections require certain operators to hold fi rst 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) Recreationa l 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, th e FAA routinely exempts UAS operators from these regulations, allowing sport pilots to operate UASs fo r 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/secti on_333/333_faqs/ (last visited Jan. 5, 2016) (“Do I need a Pilot’s license to petition for exemption under S ection 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 Privile ges and Limitations: Pilot in Command
Based on the private pilot limitations in accord ance with pertinent pa rts 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 incide ntal to a business or employment. Unlike a conventional aircraft that carries a pilot, passengers, and cargo, the sUAS is remo tely controlled with no pa ssengers or property of others on board. The area of operati on is controlled and restricted, and all flights are planned and coordinated in advance as set forth in the Operator’s Manual. In conj unction with the required training of the PIC and observers, the level of safety provided by the requirements included in the Op erator’s Manual exceeds that provided by a single individual holding a commercial pilot certificate operating a conventional aircraft. The proposed operations will ach ieve at least an equiva lent level of safety
In addition, in Grant of Exemption N o. 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 haza rd to persons or property on the ground. See also Exemption No. 11185 (allowing ComEd to ope rate without compliance with 61.113(a) and (b)). Further, in Grant of Exemption No s. 11450 and 11460 to Drone America L.L.C. (“Drone America”) ( See Docket Nos. FAA-2015-0126 and FAA-20 15-0273) and Exemption No. 11238 to San Diego Gas & Electric Company ( See Docket No. FAA-2014-0719), the FAA permitted a PIC to hold2 “either an airline transport, commercial, priv ate, recreational, or sport pilot certificate.” See also Rule 333 FAQs at https://www.faa.gov/uas/legislative_progr ams/section_333/333_faqs/ (last visited Jan. 5, 2016) (“Do I need a Pilot’s license to petition for exempti on 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 th e proposed UASs; 2) the similar nature of the petitioner’s proposed operati ng environment to that of ComEd; 3) th e 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 “f or 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 routinel y 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/legisla tive_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, recreati onal, or sport pilo t certificate.”).
Part 91 General Operating and Flight Rules
14 CFR 91.7(a) Civil Aircraft Airworthiness
The Proposed UASs should not require an airworthine ss 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 suffi cient 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, airw orthiness will be ensured and an equivalent level of safety will be achieved by comp liance with the operating documents prior to every flight.
14 CFR 91.119(c) Minimum safe altitudes: General.
Section 91.119 establishes safe altitudes for ope ration 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 ai rcraft may not be operated closer than 500 feet to any person, vessel, vehicle, or structure.
As set forth herein, the UASs w ill 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 at3 altitudes less than 500 feet AGL, an exemption fr om 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 seve ral recent FAA exemption grants, so that it can adequately inspect these towers. A 500 feet maxi mum 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. Compar ed 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 herei n, any risk associated with these operations will be far less than those cu rrently 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 aircra ft 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 oper ate without complian ce with 91.119(c)).
14 CFR 91.121 Altimeter settings.
This section requires that each pe rson operating an aircraft mainta in cruising altitude by reference to an altimeter that is set “to th e 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 w ill be achieved according to guidelines outlined in the operating manuals. Specifically, the Zenith uses a barometer and G PS 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, magnetomete r, GNSS receiver, IMU, Ultrasonic sensors, and Navcams to maintain an appropriate altitude. The F AA previously determined the airworthiness of the eXom in Exemption No. 12284. DAx8 incorporates a s ophisticated military grade autopilot that provides the telemetry data back to the groun d control tablet, including a full Elec tronic 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 pr eviously 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 submitte d 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 f eet AGL of the ground and clear of the airspace used by most aircraft, this procedure ensures an in creased 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 fo r 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) ther e is enough fuel to fly to the4 first point of intended landing and, assuming normal crui sing speed – (1) During th e 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 operati ons and the location of those proposed operations, a longer time frame for flight in day light 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)). Operati ng 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. Th e fact that it carries no p ilot, passenger, or heavy cargo also enhances its safety. Additionally, limiti ng 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 safe ty can be achieved by maintaining reserve battery power to return the UAS to its pl anned landing zone from anywhere in its prescribed and controlled operating area. The FAA has granted similar relief for ma nned aircraft to operate at less than prescribed minimums, including Exemption Nos. 2689, 5745, a nd 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 Operati on 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 requir ements in Part 43; Section 91.409(a)(2) requires an annual inspection for the issuance of an air wort hiness 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 th e aircraft for return to service.
The UASs are nearly maintenance free and include pr e-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-sele cted areas and is not a complex mechanical device. As provided in the operating manuals, the operator of th e UASs will ensure that th ey 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 ex empt 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 regulati ons); No. 12284. (exempting the eXom from these regulations); and No. 11450 (exempti ng the DAx8 from these regulations ). PECO believes that an5 exemption from these CFRs is safe and w ithin the scope of prior exemptions. See
, e.g. , Exemption No. 11185 (allowing ComEd to operate without comp liance with 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a)and (b)).