NextEra Energy, Ine.'s Petition for Exemption 

Pursuant to Section 333 of the FAA Modernization and Refonii Act of 2012 

Attorneys of Applicant: 

Charles Lande, Managing Attoniey 

Atnie Jamieson, Senior Attorney 

NextEra Energy, Inc. 

700 Universe Blvd. LAW/JB 

Juno Beach, FL 

Phone: 561-304-5912 

Email: charles.lande@nee.com 

amie.jamieson@nee.com 

Applicant: 

NextEra Energy, Inc. 

Attn: Mark Godwin 

700 Universe Blvd. 

Juno Beach, FL 

Phone:561-694-4486 

Email: mgodwin@nee.com 
I. SUMMARY OF PETITION 

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

333"), NextEra Energy, Inc. ("NextEra") hereby respectfully requests expedited approval to use 

Small Unmanned Aircraft System ("sUAS") under the terms and conditions described in this 

Petition for Exemption ("Petition") to conduct inspections of energy infrastructure. NextEra also 

requests the exemptions that are necessary to such approval pursuant to 49 U.S.C. § 44701(f), 

and 14 C.F.R. § 11.81. 1 

NextEra, wliose principal subsidiaries are Florida Power & Light Company and NextEra 

Energy Resources, LLC, seeks to use sUAS to perform visual inspections of vital energy 

infrastructure, such as transmission and distribution lines, power plants, and substations, in order 

to £urther the public interest in the safe and reliable delivery of electricity to customers. Small 

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

and quickly deliver high-quality photo and video, which eliminates the need for physical 

inspection and thus speeds the process of trouble-shooting, and ultimately increases the 

reliability of the electric grid. In particular, sUAS allow utility workers to conduct inspections 

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

at height. They can also facilitate the safe inspection of hard-to-access or environmentally 

sensitive areas without the use of bucket trucks, helicopters, and other utility vehicles that may 

have more impact than sUAS. In addition, because of the small size of the craft, in many cases 

sUAS can be rnore e£ficient and cost effective than traditional rnethods, which can help to reduce 

operations and maintenance costs and, perhaps most importantly, provide a means for faster 

' As described in Append'ax A to this Petition, NextEra requests an exemption from the following regulations: 14 

C.F.R. Part 2 1; 14 C.F.R. Part 27; 14 C.F.R. §§ 45.23(b); 61.113 (a) and (b); 61.133(a); 91.7(b); 91.9(b)(2); 91.103; 

91.109; 91.119; 91.121; 91.151(a); 91.203(a) and (b); 91.319(a)(1); 91.405(a); 91.407(a)(1); 91.409 (a)(2); 91.417 

(a) and (b); 91.1501. ~ 
resolution of any problems on the electric system. In short, approval of this request and the 

provision of the necessary exemptions will increase eleetric system reliability, deerease customer 

costs, and enhance worker safety. 

Moreover, approving the requested use would represent a significant step forward in the 

Federal Aviation Administration's ("Administration") efforts to integrate sUAS into the national 

airspace systern. NextEra's request provides the Administration with an opportunity to partner 

with a leading electric energy provider as it works to develop its rulemaking pursuant to the FAA 

Reautlzorization Aet of 2012while doing so for a compelling public purpose and under striet 

operational and safety guidelines. Given the uniqueness of NextEra—the company has a diverse 

geographical and environmental footprint and a distinctive resource mix—it is ideally suited to 

help the Administration understand the potential utility applications for sUAS. 

NextEra proposes to use sUAS that are rotocraft, weigh 15 or Pewer pounds, operate at a 

speed of no more than 50 knots, and contain built-in safety features. In addition, NextEra 

proposes to use the aircraft at low altitudes, not in proximity to airports or densely populated 

areas, on property that is owned or eontrolled by NextEra or is utility right of way, within the 

visaal line of sight of the operator, and under controlled conditions. Accordingly, the requested 

exemptions satisfy the applicable statutory eriteria and polieies, will serve the public interest, 

will not adversely affect safety, and will provide a level of safety at least equal to the existing 

airworthiness and related regulations. Approval of this Petition is therefore consistent with 

Section 333's directive to "establish requirements for the safe operation of [unmanned aircraft 

systems] in the national airspace system" if the Secretary of Transportation determines that 

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

zSection 333(c) of the FAA Modernization and Reform Act of 2012, Pub. L. No. 112-95, 126 Stat 11. 
II. APPLICANT BACKGROUND 

NextEra is one of the largest electric power companies in North America, with 

approximately 42,500 MW of generating capacity in 26 states in the U.S. and four provinces in 

Canada, and employing approximately 13,900 people as of December 31, 2013. NextEra 

provides retail and wholesale electric services to nearly five million customers and owns 

generation, transmission, and distribution facilities to support its serviees. NextEra conducts its 

operations principally through two wholly-owned subsidiaries—Florida Power & Light 

Company ("FPL") and NextEra Energy Resources, LLC ("NEER"). 

FPL is a rate-regulated electric utility engaged primarily in the generation, transmission, 

distribution, and sale of electric energy in Florida. FPL is the largest electrie utility in the state 

of Florida and one of the largest electric utilities in the U.S. based on retail megawatt hour sales. 

As of December 31, 2013, FPL had approximately 24,300 MW of generating capacity, 70,000 

miles of power lines, and over 600 power substations. FPL obtains 70 percent of its electricity 

from clean-burning, American-nlade natural gas and nearly a quarter of its power from 

emissions-free nuclear energy. 

NEER, with approxirnately 18,300 MW of generating capacity at December 31, 2013, is 

one of the largest wholesale generators of electric power in the U.S., with nearly 17,800 MW of 

generating capacity across 24 states, and with approximately 400 MW in four Canadian 

provinces. NEER produces the majority of its electricity from clean and renewable sources, 

including wind and solar. NEER also provides full energy and capacity requirements services, 

engages in power and gas marketing and trading activities, partieipates in natural gas, natural gas 

liquids and oil production and pipeline infrastructure development, owns and operates an 

electricity transmission business, and owns a retail electricity provider. 
NextEra is committed to providing safe and reliable generation, transmission, and 

distribution of electricity, and statistics demonstrate this commitment. In 2013, NextEra's fossil, 

solar, and nuclear operations teams had their best-ever years for safety, and NextEra's U. S. 

Occupational Safety and Health Administration recordable rate was 72% lower in 2012 than it 

was in 2005. FPL has also achieved exceptional overall reliability performanee. In 2013, FPL 

achieved its best-ever overall reliability perfonnance for the second consecutive year, and for the 

seven years ended in 2013, the average time a customer is without power was the best among 

Florida investor-owned utilities. In addition, FPL is accelerating its existing stonn hardening 

and reliability program through 2016 to continue strengthening its infrastructure against tropical 

stonns and hurricanes. Consistent with its effort towards providing safe and reliable electric 

service, NextEra seeks to use sUAS to more efficiently and safely perfonn inspections of its 

energy infrastructure. 

The name atid mailing address of the applicant is: 

NextEra Energy, Inc. 

Attn: Mark Godwin 

700 Universe Blvd. 

Juno Beach, FL 

Phone: 561-694-4486 

Email: mgodwin@nee.com 

III. RELEVANT STATUTORY AUT$ORiTY 

A. Secfion 333 

Section 333(a) states that the Administration "shall determine if certain unmanned 

aircra$ system before completion of the plan and rulemaking [to broadly integrate UAS into the 

4 
national airspace] required by Sec6on 332 of this Act." Section 333 is also described as a 

pathway for "expedited operational authorization." 3 

 Section 333(b)(1) outlines the faetors that the Adrninistration shall use to determine 

whether UAS may be operated safely in the national airspace system: size, weight, speed, 

operational capability, proximity to airports and populated areas, and operation within visual line 

of sight. In addition, and importantly for this Petition, Section 333(b)(2) provides the 

Administration with the diseretion to determine that a certificate of waiver, certificate of 

authorization, or airworthiness certification is not required to operate UAS that are found to be 

appropriate under Section 333(b)(1). Finally, Section 333(c) allows the Administration to 

establish requirements for safe operation of the UAS determined to be able to be operated safely 

in the national airspace system. 

B. Section 44701(f) 

In addition to its specific authority related to authorizing UAS operation under Section 

333, the Administration has general authority to grant exernptions from its safety reqnirements 

and minimum standards i£the Administration finds that the exemption is in the public interest. a 

Administration regulations set forth the information that must be inciuded in the petition for 

exemption: (1) the applicant's naine and mailing address; (2) the regulations from which the 

applieant seeks exemption; (3) the extent of relief sought and why; (4) the reasons why granting 

the request would be in the public interest and how it would benefit the public as a whole; and 

(5) the reasons why granting the exemption would not adversely affect safety, or how the 

' Section 332(b)(1). 

4 49 U.S.C. § 44701(f). 
exemption would provide a level of safety at least equal to the rule from which the applicant 

seeks exemption. 5 

IV. DISCUSSION 

A. NextUra's Proposal Satisfies the Section 333 Criteria for Approval. 

As described above, Section 333(b)(1) outlines the factors that the Administration sha11 

use to determine whether UAS may be operated safely in the national airspace system: size, 

weight, speed, operational eapability, proximity to airports and populated areas, and operation 

within visual line of sight. Applying the eriteria outlined in Section 333(b)(1) and other relevant 

criteria to this case demonstrates that NextEra's proposed terms and conditions of operation will 

result in the sUAS being operated safely in the national airspace system, eonsistent with Section 

333. Based on the small size of the sUASs involved, the low altitude and restrieted enviromnent 

in which they wili operate, and the fact fliat they will be operated within the visual Iine of sight 

of the operator, there is more than sufficient basis to find that the sUAS can be operated safely 

under NextEra's proposal. 

Size, Weight, Speed, and Operational Capability 

NextEra proposes to use small, multi-rotor craft with a maximum take-off weight of 15 

pounds or less that are powered by electric batteries and carry no flammable fuel or cargo. 

NextEra anticipates the majority of flights will use much ssnaller craft—quadcopters with a 

maximuin takeoff weight of three pounds. Heavier craft (up to 15 pounds) will only be used in 

situations requiring specialized equipment, such as infrared cameras for thermal inspection of 

power equipment. 

514 C.F.R. § 11.81. 
The sUAS used by NextEra will have integrated GPS autopilot systerns. The integrated 

GPS autopilots provide stable, precise flight, and stable hovering--enabling field workers to 

focus on situational awareness (e.g., proximity to high voltage equipment) and safety of 

themselves and the public. In addition, the GPS autopilot system provides ap automatic return to 

home capability in the unlikely case of signal loss with the operator. 

These small, multi-rotor craft are ideally suited for inspection of power lines, generating 

plants and other power-related infrastructure because they often deliver high-quality photo and 

video more efficiently and cost effectively than traditional methods. Using sUAS can also be 

safer for utility workers because it will avoid putting utility workers in close proximity to highvoltage equipment and work conditions with high elevations, eliminating the risk of injuries frorn 

falls. They also allow the safe inspection of hard-to-access or environmentally sensitive areas 

without the use of bucket trucks and other utility vehicles. Overall, sUAS can provide 

signifieant benefits over traditional energy infrastructure inspection methods to utility workers 

and customers. 

2. Proximity to Airports/Populated Areas 

NextEra will avoid operating the sUAS over densely populated areas and will operate at 

least three nautical miles away from the nearest airport. The sUAS will be operated at low 

altitudes of 400 feet or less—much lower than the airspace in wllich manned vehicles operate 

and lower than the altitude at which hobby aireraft fly. Finally, operations will occur over utility 

property or utility right of way. 

In addition, NextEra's flights will likely oceur in airspace that is subject to a Notice to 

Airmen ("NOTAM"). The Administration has issued a standing notiee to pilots to avoid 

loitering in the "airspace above, or in proximity to, sites such as nuclear power plants, power 

plants, dams, refineries, industrial complexes, military facilities, and other similar facilities." 
This NOTAM should further Iimit the potential interaction to for any flights near NextEra power 

generation facilities. 

3. Visual Line of Sight 

A trained operator will fly the sUAS during daylight hours, in good weather, and within 

the operator's line of sight. In addition, the operator will be aceompanied by a trained spotter, 

who also will be positioned in line of sight of the aireraft and will be in constant communication 

with the operator to identify azid alert the operator to any potential obstacles. This eliminates the 

need for other "sense and avoid" capabilities during operation, as well as the need for any 

method of air traffic control communications. 6 

B. NextEra's Proposal Also Satisfies the Standard for Exemption under Section 44701 

and 14 C.F.R. § 11.81. 

l. Granting NextEra's Request Would Not Adversely Affect Safety and Would 

Provide a Level of Safety at Least Equal to Existing Rules. 

Granting NextEra's Petition will not adversely affect safety, and NextEra's proposed 

terms and conditions of operation would provide a level of safety at least equal to existing rules. 

As discussed above with respect to Section 333(b)(1) criteria, the size, weight, speed, and 

operational capability of the sUAS that will be used in the proposed operations indicate that the 

aircraft can be operated safely in the national airspace system. Moreover, the aircraft will be 

operated at low altitudes, not in proximity to airports or densely populated areas, and within the 

visual hne of sight of the operator and spotter. In addition, NextEra proposes the following 

conditions to ensure that the requested exemption would result in a level of safety at least equal 

to the rules from which NextEra is seeking an exernption. 

6 See Interim Operational Approval Guidance 08-01, Unmanned Aircraft Systems Operations in the U.S. National 

Afrspace System at 4(Mar. 13, 2008). 
a. Safety Systems 

NextEra will use sUAS that have a semi-autonomous navigation and control system 

comprised of a Ground Control Station and auto-pilot system. Automated safety functions and 

safety enhancing features of the sUAS that NextEra will use include the following: 

• Precision Flight and Stable Hovering: Integrated GPS autopilot system 

provides position holding, altitude iock, and stable hovering to all field personnel 

to focus on situational awareness and safely getting the job done. 

® Auto Return-To-Home: Fail-safe feature wi11 automatically activate in case of 

signal loss with ground station, using GPS-Enabled autopilot to automatically 

return and landing the cra$ at the original take-off point. 

a Clearly Visible Battery and GPS Status: Battery and GPS Status will be 

available through airfsame status liglits clearly visible to the operator and 

available through the ground station display. 

• Controlled Airspace No-Fly Zone: GPS controlied autopilot will automatically 

enforce corporate policy and training prohibiting flights in proximity to airports 

and densely populated areas. 

b. Mandatory Operating Conditions 

In addition to the safety features described above, NextEra proposes that its exemption be 

subject to the following mandatory conditions to ensure safe operation: 

® Operations will avoid densely populated areas. 

• Operations wiil be condueted over property that is owned or controlled by 

NextEra or is utility right of way. 

• Maximum total flight time for each flight will be 30 minutes. Flights wili be 

tenninated at 25% battery power reserve, should that occur before this time limit. 

v Operations will occur during Visual Flight Rules Meteorological Conditions. 

• Aireraft to remain within Visual Line of Sight ("VLOS"). VLOS will be 

guaranteed with a cylinder of operation around operator of'/2 nautical miles. 

s Operations will occur during daylight hours. 

• Flights will be operated at an altitude of no more than 400 feet Above Ground 

Level ("AGL"). 
a All operations to remain more than tlu•ee nautical miles from centerline azimuth 

of runway centerline measured from runway thresholds. 

• Operators and spotters will meet the operator training and certification 

requirements proposed below. 

• Operators and spotters will be in communieation at all times. 

• Operator will perforin required maintenance per the manufacturer's 

recommendations and keep a log of any maintenance performed. 

® Operator will perform any safety checks specified in the manufacturer's user 

guide prior to each flight. 

C. Operator Training and Certification 

As discussed above, the sUAS NextEra will use are characterized by a high degree of 

control and built-in technieal eapabilities that limit the potential for operation outside the 

operating conditions set forth in this Petition. Moreover, the mandatory operating conditions 

(maximum altitude, proximity to airfields, visual line of sight) minimize any potential weather 

impact and interactions with other aircraft. 

Situational awareness around high-voltage equipment, a thorough working knowledge of 

the sUAS, and strict adherence to corporate sUAS flight policy are key to safe sUAS operations. 

Given the significant differences between sUAS and piloted aircraft, the safety features inherent 

in the sUAS, and the strict operating conditions that will apply, NextEra proposes that operators 

of the sUAS will not be required to hold a commereial or private pilot license. Instead, NextEra 

will train and intenially certify operators and observers based on: 

Proven knowledge of NextEra sUAS flight poliey (including Mandatory 

Operating Conditions specitied in this Petition); 

Proven working knowledge of safe sUAS operations, flight characteristics, safety 

features, GPS/Battery Status indicators, and emergency procedures; 

11111 
Utility knowledge regarding safe operations around high voltage power lines, 

substation equipment, and power plants; and 

A val3d driver's license (in lieu of health certification). 

NextEra is receptive to future regulations and industry guidance on lieensing sUAS pilots 

using training and teeting that is relevant to operating sUAS in a limited flight area. 

d. Privacy Considerations 

NextEra will not operate sUAS in any way that may invade personal privacy and will 

comply with any federal, state, or local privacy laws that may apply in areas where NextEra 

operates sUAS. In addition, as a praetical matter, flights will occur over utility property or utility 

right of way, so privacy is unlikely to be a concern in relation to NextEra's proposed use. 

2. Granting NextEra's Request Would Be in the Public Interest and Would 

Bene£t the Public as a Whole. 

Allowing the requested use will provide significant benefits to the public, NextEra 

customers, and NextEra employees. Using sUAS to inspect energy infrastructure can be safer 

and more efficient than traditional methods of infrastructure inspection, such as the use of 

helicopters and bucket trucks. The increased safety and efficiency of using sUAS to inspect 

infrastructure following signi£icant weather events is especially important to NextEra, which 

serves millions of retail customers in Florida, where hurricanes and tropical storms occur with 

frequency. An infrastructure inspection process that is safer and more effrcient can help to lower 

operations and maintenance costs and more quickly resolve problems in the delivery of 

electricity, both of which will beneflt customers. 

Moreover, the requested use presents a compelling case for the Administration moving 

forward with efforts to integrate sUAS into the national airspace system as required by 

Section 333. The public has a significant interest in efficient and safe inspection of energy 

11 
infrastructure to ensure reliable delivery of power, and NextEra has proposed using sUAS to 

further this public interest in a way that is at least as safe as operation of aireraft under existing 

regulations. NextEra's request therefore provides the Administration an appropriate vehicle to 

further Congress' mandate to expedite integration of UAS. In addition, NextEra's operational 

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

Administration in developing comprehensive rules governing sUAS for the electric industry. 

C. Description of Relief Sought and Regulations from Which Exemption is Requested 

Based on the foregoing, NextEra's proposal satisfies the criteria for approval under 

Section 333. In addition, NextEra's proposal meets the requirements and policies for exemptions 

from Administration regulations. NextEra therefore respectfully requests that the Administration 

grant exemptions from the regulations set forth in Appendix A to this Petition. 7 

V. CONCLUSION 

For the reasons discussed above, NextEra satisfies the relevant criteria for approval under 

Section 333 and exemptions frorn referenced regulations pursuant to Section 44701(f). 

Accordingly, NextEra respectfully requests that the Administration grant the relief requested in 

this Petition to allow the use of sUAS for the purposes and under the conditions set forth herein. 

Granting this Petition will not only further Congress' instruction to expedite the safe integration 

of UAS into the national airspace system, but will also further the significant public interest in 

the safe and reliable delivery of electricity to customers. 

/// 

' NextEra has attempted to identify the applicable regulations for which an exemption is required for the proposed 

use. To the extent that the Adininistration determines that any other safety regulations might apply to NextEra's 

proposed use, Nextfira further requests that this Petition be deemed to seek an exemption from those requirements. 

12 
August 21, 2014 Respectfully submitted, 

MaC Jypw 0%°%~ Charles Lande, Managing Attorney 

Arnie Jamieson, Senior Attomey 

NextEra Energy, Inc. 

700 Universe Blvd. LAW/JB 

Juno Beach, FL 

Phone: 561-304-5912 

Emai1: charleslande@nee.com 

amie.jainieson@nee.com 

13 
Appendix A: Regulations from Which Exemption is Requested 

NextEra has attempted to identify the applicable regulations for which an exemption is 

required for the proposed use. To the extent that the Administration determines that any other 

safety regulations might apply to NextEra's proposed use, NextEra further requests that this 

Petition be deemed to seek an exemption from those requirernents. 

1. 14 C.F.R. Part 21: Airworthiness Certification 

Part 21 establishes procedural requirements for certifications under Section 44704, 

including airworthiness certificates. Both Sections 333 and 44701(b) authorize the 

Administration to exempt aircraft from airworthiness certification under this Part based upon 

consideration of its size, weight, speed, operational eapability, and proximity to airports and 

populated areas. See Section 333. 

An analysis of these criteria demonstrates that the sUAS operated without an 

airworthiness certificate, in the restricted environment, and under the conditions proposed will be 

at least as safe, or safer, than a conventional aireraft operating with an airworthiness certificate 

without the restrictions and conditions proposed. 

The sUASs NextEra will use are 15 pounds or less, carry no pilot or passengers, and 

carry no explosive materials or flammable liquid fuels. Operations under this exemption will be 

tightly controlled and monitored by the operator and spotter. These safety enhancements provide 

at least the same degree of safety to the public and property owners than conventional operations 

conducted with airworthiness certificates. 

2. 14 C.F.R. Part 27: Airworthiness Standards for Normal Category Rotoeraft 

Part 27 sets forth the procedural requirements for airworthiness eertification of normal 

category rotocraft. To the extent the sUAS would otherwise require certification under Part 27, 

Appendix A to NextEra Energy, Inc.'s Petition for Exemption Page 1 
as a rotocraft, NextEra requests an exemption frorn Part 27's airworthiness standards for the 

same reasons identified above with respect to Part 21 requirements. 

3. 14 C.F.R. § 45.23(b): Marking Requirements 

Section 45.23(b) requires that on limited, restricted, or light-sport category aircraft, or 

experimental or provisionally certificated aircraft, markings indicating the aircraft category must 

be displayed in letters not less than two inches nor more than six inches high "near each entrance 

to the cabin, cocicpit, or pilot station." Exemption from 14 C.F.R. § 45.23(b) is warranted 

because the aircraft has no entrance to the cabin, cockpit, or pilot station on which the required 

marking cau be displayed. NextEra requests an exemption to 14 C.F.R. § 45.23(b)'s rnarking 

requirements and proposes instead to display markings to the fullest extent possible in 

compliance with the location requirements of 14 C.F.R. § 45.27(a) and the size requirements of 

14 C.F.R. § 45.29(f). 

4. 14 C.F.R. §§ 61.113(a) and (b); 61.133(a): Private Pilot Privileges and 

Limitations: Pilot in Command; Commercial Pilot Privileges and 

Limitations 

Sections 61.113(a) and (b) limit private pilots to non-eommercial operations. Section 

61.133(a) requires an individual with a commercial pilot's license to be pilot in eommand of an 

aircraft for compensation or hire. Unlike a conventional aircraft that carries a pilot, passengers, 

and cargo, the sUAS proposed for use by Nextrra are remotely controlled with no passengers or 

cargo on board. 

NextEra respect£u11y requests exemptions from these requirements based on the particular 

characteristics of the sUAS that wi11 be used. The risks associated with the operation of the 

sUAS described above (given the size, speed, operational capabilities, and lack of combustible 

fuel) are much lower than the risks associated with private pilot operations or commercial 

operations contemplated by Part 61 with eonventional aircraft. ln addition, NextEra will use 

Appendix A to NextEra Energy, Ine.'s Petition for Exemption Page 2 
sUAS with a high degree of eontrol and various built-in technical capabilities that strietly limit 

the potential for operation outside of the operating conditions set forth in this Petition. 

Given the inherently lower-risk nature of the sUAS and these safety features, NextEra 

proposes that operators be required to successfully conlplete the training described above. This 

training and the conditions and restrictions on operation proposed in this Petition will provide an 

equivalent level of safety as requiring operators to have a private pilot's certifieate or a 

comrnercial pilot's certificate. 

5. 14 C.F.R. § 91.7(b): Civil Aircraft Worthiness 

Section 91.7(b) requires that no person may operate a civil aircraft unless it is in 

airworthy condition. If the Administration grants NextEra's request for exemption from the 

requirement to obtain an airworthiness certificate, no Administration regulatory standard will 

exist for determining airworthiness. NextEra will, however, maintain the sUASs as directed by 

the manufacturers and conduct any recornmended safety checks prior to each flight. 

6. 14 C.F.R § 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft 

Section 91.9(b)(2) prohibits a person from operating a civil aireraft "[f]or which an 

Airplane or Rotorcraft Flight Manual is not required by § 21.5 of this chapter, unless there is 

available in the aireraft a current approved Airplane or Rotorcraft Flight Manual, approved 

manual material, markings, and placards, or any combination thereof." 

Given the size and configuration of the sUASs NextEra will use, it is not possible to carry 

such a flight manual on the aireraft. The equivalent level of safety will be achieved by keeping 

the flight manual (speeifically, the manufacturer's user guide) at the ground control point where 

the operator will have immediate access to it. 

Appendix A to NextEra Energy, Inc.'s Petition for Exemption Page 3 
7. 14 C.F.R. § 91.103: Preflight Action 

Section 91.103 requires a pilot in conunand to become familiar with specific information 

before each flight, including information eontained in the Administration-approved Flight 

Manual on board the aircraft. As no Administration-approved Flight Manual will be provided, 

NextEra requests an exemption from this requirement. The operator would, however, become 

familiar with the manu£acturer's user guide. 

8. 14 C.F.R. §§ 91.109, 91.319(a)(1): Flight Instruction 

These regulations provide that no person may operate a civil aireraft (except a manned 

free balloon) that is being used for flight instruction unless that aircraft has fully functioning dual 

controls. The sUASs NextEra will use are remotely-piloted aircraft and designed witliout fully 

functioning dual controls. Flight control is accomplished through the use of a control box that 

communicates with the aircraft via radio communications. The equivalent level of safety 

provided by the fact that neither a pilot nor passengers will be carried in the aireraft, by the size 

and speed of the aircraft, and the safety features of the aircraft that limit the potential for 

operation outside the operating conditions set forth in this Petition. 

9. 14 C.F.R. § 91.119: Minimum Safe Altitudes 

Section 91.119(c) prescribes the minimum safe altitudes under whieh aircraft may not 

operate, including 500 feet above the surface and away from any person, vessel, vehicle, or 

structure in non-congested areas. Section 91.119(d)(1) allows for a helicopter to operate at less 

than those mininlum altitudes under certain conditions. 

As described above, NextEra will operate the sUAS at altitudes up to 400 feet AGL, and 

therefore requests an exemption from the 500-foot minimum altitude. Given the size, weight, 

and speed of the sUAS and the lack of flammable fuel, any risk associated with these operations 

is far less than those presently presented with conventional aircraft operating at or below 500 

Appendix A to NextEra Energy, Inc.'s Petition for Exemption Page 4 
AGL. In addition, the low-alt3tude operations of the sUAS will ensure separation between these 

sUAS operations and the operations of conventional aircraft that must generally operate above 

500 feet. 

10. 14 C.F.R. § 91.121: Altimeter Settings 

Section 121 requires each person operating an aireraft to maintain cruising altitude by 

reference to an altimeter that is set "to the elevation of the departure airport or an appropriate 

altimeter setting available before departure." As the sUAS may not have a barometric altimeter, 

but instead use GPS technology, NextEra requests an exemption from this requirement to the 

extent it operates sUAS without a barometric altimeter. An equivalent level of safety will be 

achieved by the operator confirnzing the acquisition of GPS signals and an initial ground level 

altitude of zero prior to take off. 

11. 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions 

Seetion 91.151(a) prohibits an individual from begirming "a flight in an airplane under 

VFR conditions unless (considering wind and foreeast weather conditions) there is enough fuel 

to fly to the first point of intended landing, and, assuming nornial 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." 

NextEra requests an exemption from the 30 minutes of reserve fuel requirement. Given 

the limitations on flight locations and operations set forth in this Petition, a longer time frarne for 

flight is reasonable. Operating the sUAS in a tightly eontrolled area with less than 30 minutes of 

reserve fuel does not engender the type of risks that Section 91.151(a) was intended to alleviate 

given the size and speed of the sUAS. 

NextEra proposes that an equivalent level of safety can be achieved by limiting flights to 

30 minutes or 25% of battery power, whichever happens first. This restriction would be more 

Appendix A to NextEra Energy, Ine.'s Petition for Exemption Page 5 
thau adequate to return the sUAS to its planned landing zone from anywhere in its limited 

operating area. 

12. 14 C.F.R. § 91.203(a) and (b): Carrying Civil Aircraft Certification and 

Registration 

Section 91.203 requires a civil aircra£t to have "within it ...[a]n appropriate and current 

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

legible to passengers or crew." As discussed above with respect to Section 91.9(b)(2) requiring 

the aircraft to carry a flight manual, the physical characteristics of sUAS are such that there is no 

ability or place to carry registrafion documents or to display them on the sUAS. An equivalent 

level of safety will be achieved by keeping registration documents at the ground control point 

where the operator will have immediate access to them. Moreover, the requirement to carry 

airworthiness eertificate wi11 not apply to NextEra if the Administration grants NextEra's request 

for an exemption from this requirement, as requested above. 

13. 14 C.F.R. §§ 91.405(a); 91.407(a)(1); 91.409(a)(2); 91.417(a) and (b): 

Maintenance Tnspeetions 

These regulations specify maintenanee and inspection standards in reference to 14 C.F.R. 

Part 43. Specif ca11y, 14 C.F.R. § 91.405(a) states that the owner or operator of an aircraft shall 

have the aircraft inspected as prescribed in the rules and have discrepancies repaired as 

preseribed in part 43; 14 C.F.R. §§ 407(a)(1) and 409(a)(2) requires that an aircraft be approved 

for return to service by a person authorized under 14 C.F.R. Section 43.7 after it has wldergone 

maintenance or receives an annual inspection; and 14 C.F.R. § 417 requires an owner or operator 

of an aircraft to maintain specific types of maintenance records, including signatures of the 

person authorized to approve the aircraft's return to service. 

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

certificate, these sections will not apply to NextEra's operation of sUAS. Maintenance will be 

Appendix A to NextEra Energy, Ine.'s Petition for Exemption Page 6 
accomplished by the operator pursuant to the manufacturer specifications. An equivalent level of 

safety to existing regulations will be aclueved because these sUASs are very limited in size, 

operate only in restricted areas for limited periods of time, and carry no flammable fuel. Tf 

mechanical issues arise, the sUAS can land immediately and will be operating from no higher 

than 400 feet AGL. As described above, the operator will ensure that the sUAS is in working 

order prior to initiating flight, perform a preflight safety checklist, perform required 

maintenance, and keep a log of any maintenance performed. Moreover, the operator is the 

person most familiar with the aircraft and best suited to maintain the aircraft in an airworthy 

condition to provide the equivalent level of safety. 

14. 14 C.F.R. § 91.1501: Continued Airworthiness 

Section 91.1501(a) "requires operators to support the continued airworthiness of each 

airplane." NextEra requests an exemption from this regulation because the sUAS will not be 

subject to an airworthiness eertificate. 

Appendix A to NextEra Energy, lne.'s Petition for Exeniption Page 7 
Appendix B: Summary Suitable for Publication in the Federal Register 

NextEra Energy, Inc. petitions the Federal Aviation Administration for relief from 

compliance with 14 C.F.R. Part 21;14 C.F.R. Part 27; 14 C.F.R. §§ 45.23(b); 61.113 (a) and (b); 

61.133(a); 91.7(b); 91.9(b)(2); 91.103; 91.109; 91.119; 91.121; 91.151(a); 91.203(a) and (b); 

91.319(a)(1); 91.405(a); 91.407(a)(1); 91.409 (a)(2); 91.417 (a) and (b); 91.1501 for purposes of 

operating small unmamred aircraft 15 pounds or less on property that is owned or controlled by 

NextEra or in utility right of way to inspect energy infrastructure and identify problems in the 

delivery of electricity to customers. NextEra proposes that its operation be subject to the 

operating conditions and safety standards set forth in the petition in lieu of the above-referenced 

regulations in order to provide a level of sa£ety equivalent to those regulations. 

Appendix B to NextEra F.nergy, hic.'s Petition for Exemption Page 1