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WHII"S 

HUNTON & WILLIAMS LLP 

RIVERFRONT PLAZA, EAST TOWER 

951 EAST BYRD STREET 

RICHMOND, VIRGINIA 23219-4074 

TEL 804 • 788 • 8200 

FAX 804 • 788 • 8218 

MICHAEL E. SIEVERS 

DIRECT DIAL: 804 • 788 • 8532 

EMAIL: msievers@hunton.com 

March 20, 2015 FILE NO: 34085.000112 

VIA ELECTRONIC SUBMISSION 

AND FEDERAL EXPRESS 

U.S. Department of Transportation, Docket Operations 

West Building Ground Floor, Room W 12-140 

1200 New Jersey Avenue, S.E. 

Washington, D.C. 20590 

Re:Petition for Exemption Under § 333 of the FAA Modernization and 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 ("FMRA"), 

49 U.S.C. § 44701, and 14 C.F.R. Part 11, Duke Energy Business Services, LLC ("DEBS" or 

"Petitioner"), a subsidiary of Duke Energy Corporation, a Delaware corporation ("Duke 

Energy"), hereby petitions for exemption in order to operate certain small unmanned aircraft 

systems ("sUAS") Ias described in this petition. Duke Energy desires to operate sUAS in 

connection with the construction, operation, repair and maintenance of utility infrastructure, 

including monitoring, inspections, and damage assessments of transmission and distribution 

lines, vegetation, coal ash ponds, boilers, stacks, absorbers, and solar arrays, all of which are 

presently conducted by manned aerial or ground-based methods. Duke Energy anticipates 

that the use of sUAS offers a means to conduct these operations in a safer, faster, and more 

cost effective manner. 

Consistent with the safety-conscious and deliberative ethos of Duke Energy and each of its 

affiliates and subsidiaries (collectively, "Duke"), Petitioner proposes to conduct all sUAS 

operations contemplated by this petition within the boundaries of Duke owned or controlled 

properties ("Duke Properties"). The sUAS operations also will be conducted by licensed and 

1For the purposes of this petition, "sUAS" shall be used to specifically refer to "small unmanned 

aircraft systems," and "UAS" shall be used to refer to the broader category of "unmanned aircraft systems," 

which includes but is not limited to sUAS. 

ATLANTA AUSTIN BANGKOK BEIJING BRUSSELS CHARLOTTE DALLAS HOUSTON LONDON LOS ANGELES 

McLEAN MIAMI NEW YORK NORFOLK RALEIGH RICHMOND SAN FRANCISCO TOKYO WASHINGTON 

www.hunton.com 
HUNTON 

WHILI"S 

U.S. Department of Transportation 

March 20, 2015 

Page 2 

trained pilots and in strict accordance with comprehensive safety and security conditions, as 

more fully described in this petition. 

As described further below, the sUAS operations addressed by this petition qualify for 

exemption under Section 333 of the FMRA, and the proposed limitations and conditions on 

sUAS operations set forth herein will ensure a level of safety at least as great as that which 

would result from compliance with the specific Federal Aviation Regulations from which 

exemption is sought. Accordingly, granting this petition will further the objective of safely 

integrating unmanned aircraft systems into the national airspace, as mandated by the FMRA. 
HUNTON 

WRILALMS . 

U.S. Department of Transportation 

March 20, 2015 

Page 3 

Table of Contents 

I. Identity and Description of Petitioner and Petitioner Affiliates ..........................5 

A. Name and Address of Petitioner .....................................................................5 

B. Duke Energy Corporation and its Affiliates and Subsidiaries ........................5 

C. Duke Energy Business Services, LLC ............................................................5 

II. Statutory and Regulatory Authority to Grant Petition for Exemption ................6 

A. Section 333 of the FAA Modernization and Reform Act of 2012 ..................6 

B. 49 U.S.C. §§ 40109 and 44701 .......................................................................6 

C. 14 C.F.R. Part 11 .............................................................................................7 

III. Petitioner's Proposed Aircraft and Operations ...................................................7 

A. The Unmanned Aircraft System .....................................................................8 

1. sUAS Approved by the FAA ......................................................................8 

2. Additional Operational and Design Details ................................................8 

3. System Inspection and Maintenance Information .......................................8 

B. Pilot-in-Command and Observer Duties and Qualifications ..........................8 

C. Operations Parameters ....................................................................................9 

1. Site Locations ..............................................................................................9 

2. Flight Conditions .........................................................................................9 

IV. Section 333 Determination and Need for Relief from 14 CFR Part 21 ............10 

V. Requested Exemptions from Federal Aviation Regulations .............................10 

A. 14 C.F.R. Part 47 (Aircraft Registration) and Part 49 (Recordation of 

Aircraft Title and Security Documents) ........................................................11 

B. 14 C.F.R. Section 61.3 (d) (Requirement of Certificate for Flight 

Instruction) ....................................................................................................11 

C. 14 C.F.R. Section 61.31 (d) (Aircraft category, class, and type ratings) ......11 

D. 14 C.F.R. Section 61.113 (a) &(b); 14 C.F.R. Section 61.133 (a) (Private 

Pilot Restrictions on Compensation) .............................................................12 

E. 14 C.F.R. Section 91.105 (Crewmembers at Stations; Seatbelts) .................12 
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WHIIAMS 

U.S. Department of Transportation 

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F. 14 C.F.R. Section 91.119 (Minimum Safe Altitudes) ...................................13 

G. 14 C.F.R. Section 91.121 (Altimeter Settings) .............................................14 

H. 14 C.F.R. Section 91.151 (a) (Fuel Requirements) .......................................14 

I. 14 C.F.R. Section 91.203 (a) &(b) (Display of Certificates) .......................14 

J. 14 C.F.R. Section 91.103 (b)(2) (Preflight Action) ......................................15 

VI. Public Interest ....................................................................................................15 

VII. Privacy ...............................................................................................................16 

VIII. Federal Register Notice .....................................................................................16 

IX. Summary ...........................................................................................................17 

X. Prayer for Relief ................................................................................................17 
HUNTON 

Wff,LIAMS 

U.S. Department of Transportation 

March 20, 2015 

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I. Identity and Description of Petitioner and Petitioner Affiliates 

A. Name and Address of Petitioner 

The name and mailing address of the Petitioner are: 

Duke Energy Business Services, LLC 

Attention: Jacob Velky 

550 South Tryon Street 

DEC 15A 

Charlotte, North Carolina 28202 

Tel: (704) 382-2115 

All communications in regard to this petition should be sent both to the Petitioner contact 

named immediately above and to the undersigned, Petitioner's outside counsel, at the address 

set forth in the letterhead of this petition. 

B. Duke Energy Corporation and its Affiliates and Subsidiaries 

Duke Energy Corporation, through its various affiliates and subsidiaries, is the owner and/or 

operator of numerous properties and rights-of-way on which are located power generation, 

transmission, distribution and/or related facilities. Collectively, the service area of the Duke 

Energy Corporation family of companies covers 95,000 square miles and its regulated 

business unit serves 7.3 million retail electric customers, representing a population of 

approximately 23 million people in North Carolina, South Carolina, Indiana, Ohio, Kentucky 

and Florida. 

C. Duke Energy Business Services, LLC 

Duke Energy Business Services, LLC is a management services company in the Duke Energy 

Corporation family of companies and provides management services to all regulated utilities 

of Duke Energy Corporation. In addition to providing such services as Insurance and 

Information Technology to the Duke Energy Corporation regulated utilities, Duke Energy 

Business Services, LLC is also home to the corporate aviation department. 

The Duke Energy corporate aviation department has been in operation since 1953 with no 

incidents or accidents. It currently operates nine aircraft with a staff of 37 people. The 

aviation department is a member of the National Business Aircraft Association (NBAA) and 
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U.S. Department of Transportation 

March 20, 2015 

Page 6 

is International Standard - Business Aircraft Operations (IS-BAO) registered through the 

International Business Aircraft Council (IBAC). As a part of this highly regarded industry 

standard, the department has a robust Safety Management System (SMS) that identifies and 

reduces flight risks. Any sUAS used for operations covered by this petition will undergo a 

thorough evaluation and will become a fully functioning asset within the Duke Energy 

aviation department. 

H. Statutory and Regulatory Authority to Grant Petition for Exemption 

A. Section 333 of the FAA Modernization and Reform Act of 2012 

Section 333(a) of the FMRA provides that "the Secretary of Transportation shall determine if 

certain unmanned aircraft systems may operate safely in the national airspace before 

completion of the plan and rulemaking required by section 332 of this Act[,]" 2As part of that 

assessment, the Secretary is directed to determine "which types of unmanned aircraft systems, 

if any, as a result of their size, weight, speed, operational capability, proximity to airports and 

populated areas, and operation within visual line of sight do not create a hazard to users of the 

national airspace system or the public or pose a threat to national security," as well as whether 

an airworthiness certification is required for any such unmanned aircraft systems. 3Finally, if 

the Secretary determines that certain unmanned aircraft system may operate safely in the 

national airspace, Section 333(c) further mandates that the Secretary "shall establish 

requirements for the safe operation of such aircraft systems." 4Accordingly, the Secretary is 

required by law to make an initial determination about the potential for safe UAS operations 

and if the Secretary's determination is in the affirmative, then the Secretary is further required 

by law to establish the parameters for such safe UAS operations. As recognized by the FAA, 

Section 333 thus provides the Secretary, acting through the FAA, "flexibility for authorizing 

safe civil operations [of certain unmanned aircraft systems] in the NAS" on a case-by-case 

basis.5 

B. 49 U.S.C. §§ 40109 and 44701 

The FAA Administrator is authorized by several statutory provisions to issue exemptions in 

appropriate circumstances from the regulations prescribed in otherwise carrying out the 

2 FMRA § 333(a). 

3 FMRA § 333(b), 

4 FMRA § 333(c). 

5See FAA Home — Unmanned Aircraft Systems — Key Initiatives — Section 333; 

http://www.faa.gov/uas/legislative programs/section_333/ (last visited Dec. 8, 2014). 
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requirements of applicable aviation law. For example, Section 40109(b) provides that the 

"Administrator ... may grant an exemption from a regulation prescribed in carrying out 

sections 40103(b)(1) and (2), 40119, 44901, 44903, 44906, and 44935-44937 of this title 

when the Administrator decides the exemption is in the public interest." 6 Similarly, 

Section 44701(f) states that the Administrator "may grant an exemption from a requirement of 

a regulation prescribed under subsection (a) or (b) of this section or any of sections 44702- 

44716 of this title if the Administrator finds the exemption is in the public interest." 7 

C. 14 C.F.R. Part 11 

Pursuant to existing FAA regulations, a party may seek relief from current regulations set 

forth in Title 14 of the Code of Federal Regulations by submitting a petition for exemption to 

the FAA. 8The required contents of such a petition for exemption are set forth in 14 C.F.R. 

§ 11.81. Among other technical requirements, the petition must contain (i) the specific 

section(s) of 14 C.F.R. from which exemption is being sought, (ii) the extent of and reason 

why relief is sought, (iii) an explanation of how granting the exemption would benefit the 

public as a whole (i.e., why it is in the public interest), and (iv) an explanation of how an 

equivalent or greater level of safety will be achieved even with the grant of the exemption 

(i.e., how the exemption would not adversely affect safety). 9 

III. Petitioner's Proposed Aircraft and Operations 

All sUAS operations proposed under this petition will be conducted under the auspices of the 

Duke Energy aviation department in accordance with the Supplement to the Duke Energy 

Flight Operations Manual for Small Unmanned Aircraft (such Supplement, the "Duke sUAS 

FOM," and such Flight Operations Manual, the "Duke FOM"), 10and the following specific 

terms, conditions and requirements. 

649 U.S.C. § 40109(b) (emphasis added). 

' 49 U.S.C. § 44701(f) (emphasis added). 

814 C.F.R. § 11.61. 

914 C.F.R. § 11.81. 

lo Confidential copies of these documents are being submitted in support of this petition as 

"Confidential Exhibit 1" and "Confidential Exhibit 2," respectively. 
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A. The Unmanned Aircraft System 

1. sUAS Approved by the FAA 

Petitioner seeks authorization in this petition to operate any sUAS that has been approved, or 

is hereafter approved, for flight operations under an exemption granted by the FAA pursuant 

to Section 333 of the FMRA (an "Approved sUAS"). Petitioner will cause the operation of 

any Approved sUAS to be conducted in accordance with the restrictions, conditions, and 

Craft-Specific FAR Exemptions (as defined below) set forth in the grant of exemption 

authorizing the use of such Approved sUAS (such prior or subsequent exemption grant , an 

"sUAS Approval"), unless there is a conflict between such restrictions, conditions, and 

exemptions and this petition, in which case the restrictions, conditions, and exemptions of this 

petition will prevail. 

2. Additional Operational and Design Details 

Operational and design details for each Approved sUAS are as set forth in the owner's manual 

and specification materials provided by the manufacturer of such Approved sUAS. 

3. System Inspection and Maintenance Information 

Pre-flight, post-flight, and scheduled maintenance information is as set forth in the inspection 

and maintenance materials provided from time to time by the manufacturer of such Approved 

sUAS and/or such materials as provided to the FAA in connection with such sUAS Approval. 

B. Pilot-in-Command and Observer Duties and Qualitications 

The Pilot-in-Command (PIC) will hold (at a minimum) a private's pilot's license and a third 

class medical certificate, and be responsible for pre and post flight inspections, logging of 

flight data, the overall safety of the flight operation, and the operation of the sUAS in 

accordance with the conditions of the exemption granted by the FAA pursuant to this petition. 

The visual observer (VO) will remain within speaking distance of the PIC and visually 

monitor the sUAS at all times. 
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U.S. Department of Transportation 

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C. Operations Parameters 

1. Site Locations 

This petition covers all properties owned or controlled by Duke, including but not limited to 

properties for which Duke owns utility easements, rights of way and/or maintains 

encroachment agreements. 

2. Flight Conditions 

a) General Requirements 

Petitioner will obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or 

Authorization (COA) in order to coordinate its efforts through Air Traffic Control (ATC). In 

addition, Petitioner will request a Notice to Airman (NOTAM) no more than 72 hours in 

advance, but not less than 48 hours prior to any operation, and flights will not be conducted 

within 5 nautical miles of an airport reference point as denoted on a current FAA-published 

aeronautical chart unless a letter of agreement has been obtained from the airport's 

management or it is concluded that such airport is no longer operational. 

b) Pre-Flight Routines 

Pre-flight inspections and procedures will be conducted in accordance with each Approved 

sUAS's operator's manual. 

c) Flight Operations and Limitations 

The selected aircraft will be flown within visual line of sight (VLOS) in visual metrological 

conditions (VMC) and Petitioner will not permit the aircraft to be operated less than 500 feet 

below or 2,000 feet horizontally from a cloud or when visibility is less than 3 statute miles 

from the PIC. In addition, the aircraft will not be flown over 400 feet above ground level 

(AGL) and Petitioner will comply with the OEM's policies, procedures and limitations listed 

in the relevant operator's manual. If the PIC encounters unpredicted obstacles or emergencies 

the flight will be aborted in accordance with the operator's manual and the aircraft will not be 

flown within 500 feet of nonparticipating persons, vessels, vehicles, or structures. Operations 

within 500 feet of unoccupied vessels, vehicles or structures will only be conducted if 

permission has been granted by the owner/controller. 
HUNTON 

WRIJAMS 

U.S. Department of Transportation 

March 20, 2015 

Page 10 

d) Post-Flight Routines 

Post-flight inspections and procedures will be conducted in accordance with the 

manufacturer's operating manual. 

IV. Section 333 Determination and Need for Relief from 14 CFR Part 21 

Based on the design and capabilities of Approved sUAS, and the operational limitations 

specified in this petition, the sUAS operations Petitioner proposes to conduct pursuant to this 

petition will not pose a threat to users of the NAS, the general public, or to national security. 

By definition, each Approved sUAS will be one for which the Secretary has determined, 

pursuant to authority granted under Section 333, that a certification of air worthiness under 14 

CFR Part 21, or any associated noise certification under 14 CFR Part 36, is not required. 

V. Requested Exemptions from Federal Aviation Regulations 

Petitioner requests an exemption from certain provisions of the Federal Aviation Regulations 

set out at Title 14 of the Code of Federal Regulations ("FARs") for the operation of Approved 

sUAS in connection with the construction, operation, repair and maintenance of utility 

infrastructure, including, inspections of transmission and distribution lines, vegetation, coal 

ash ponds, boilers, stacks, absorbers, and solar arrays, all of which are presently conducted by 

manned aerial or ground-based methods. Petitioner hereby requests exemption from all 

applicable FARs that are based on or necessitated by the design and physical characteristics 

or the capabilities of a particular Approved sUAS (such FAR exemptions, collectively, the 

"Craft-Specific FARs") to the same extent that the FAA has granted exemption from such 

Craft-Specific FARs in any other Grant of Exemption under Section 333 with respect to such 

particular Approved sUAS. These Craft-Specific FARs include: Parts 21(H) and 36, and 

Sections 45.23; 91.9(c); 91.7(a); 91.9(b)(2); 91.109; 91.405(a) &(d); 91.407(a)(1); 

91.409(a)(1) and (2); and 91.417(a) &(b); of Title 14, Code of Federal Regulations. The 

rationale for the requested exemption from each applicable Craft-Specific FAR is 

incorporated by reference from the Grant of Exemption and associated petition in which each 

particular sUAS has been authorized for operation. 

Petitioner hereby also requests exemption from each of the following FARs, which are 

intended to include all such FARs that are not based on or necessitated by the design and 

physical characteristics or the capabilities of a particular sUAS (the "Non-Craft-Specific 

FARs"): All applicable provisions of Parts 47, and 49; and Sections; 61.3(d); 61.31(d); 

61.113(a) &(b); 61.133(a); 91.105; 91.119; 91.121; 91.151(a); 91.203(a) &(b); and 
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91.103(b)(2) of Title 14, Code of Federal Regulations. Petitioner addresses each of the NonCraft-Specific FARs below and provides a basis for the exemption. 

A. 14 C.F.R. Part 47 (Aircraft Registration) and Part 49 (Recordation of 

Aircraft Title and Security Documents) 

14 C.F.R. Part 47 sets forth various aircraft registration requirements regarding ownership and 

identification of the aircraft and Part 49 covers recordation of title and conveyances. 

Petitioner does not plan to acquire a particular sUAS until after approval for the operation has 

been obtained under this petition, but Petitioner will comply with all registration requirements 

prior to initiation of operations. 

B. 14 C.F.R. Section 61.3 (d) (Requirement of Certificate for Flight 

Instruction) 

This regulation states that only those instructors with a flight instructor certificate from the 

FAA may qualify other pilots for solo flight. However, the additional skills required to obtain 

a flight instructor certificate for standard aircraft are generally not applicable to training 

unmanned pilots in the operation of sUAS. The training necessary to master the operation of 

an Approved sUAS need not be as extensive as the training for manned aircraft due to the 

automated features of such aircraft, the built-in failsafe devices, and the lack of a crew or 

heavy payload. Prospective sUAS pilots will already have sufficient aeronautical knowledge 

to operate the aircraft because of their private pilot's license and instructors will be well 

trained in the particular Approved sUAS. Therefore, an exemption to this regulation is 

appropriate because Petitioner's pilots will have a level of training with respect to such 

Approved sUAS that is equivalent to the training required by those who operate manned 

aircraft. 

C. 14 C.F.R. Section 61.31 (d) (Aircraft category, class, and type ratings) 

This section requires the pilot in command of an aircraft to hold the appropriate rating for the 

aircraft to be flown or receive an endorsement for solo flight in the aircraft by an authorized 

instructor. Pilots are therefore limited to the types of aircraft for which they possess a license. 

However, sUAS are unique forms of aircraft and the FAA does not issue licenses specifically 

for these devices so this section would not apply to the proposed operations. Exempting 

Petitioner's operations from this section would not adversely impact safety because the pilots 

operating under this proposal would receive special training on the relevant Approved sUAS 
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WHILALMS 

U.S. Department of Transportation 

March 20, 2015 

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and all flights would take place within Duke Properties. An exemption from this provision is 

appropriate based on the foregoing information because an equivalent level of safety can be 

achieved. 

D. 14 C.F.R. Section 61.113 (a) &(b); 14 C.F.R. Section 61.133 (a) (Private 

Pilot Restrictions on Compensation) 

These regulations prohibit private pilots from operating an aircraft for commercial purposes 

except under certain limited circumstances. In order to pilot an aircraft for compensation the 

operator must possess a commercial pilot certificate and meet the requirements set forth in 

Section 61.133. The Petitioner seeks an exemption from these regulations so that an operator 

with a private pilot's license can conduct operations with the Approved sUAS. 

sUAS are a unique type of aircraft and the additional training required for a commercial pilot 

certificate would not necessarily be relevant to the operation of such devices. The 

commercial designation is applicable to manned aircraft, but the Approved sUAS do not carry 

personnel or the property of a third party. A specialized training program conducted in 

accordance with any manufacturer-recommended training guidelines would provide the 

additional knowledge and experience required to safely pilot the Approved sUAS. In 

addition, a visual observer will be present during all flight operations. Petitioner will assure 

that the operator of the Approved sUAS will have completed sufficient training to ensure the 

safe operation of the aircraft under the proposed conditions. Petitioner anticipates that such a 

training program would involve: (a) at least 25 hours of total flight time as a UAS rotorcraft 

pilot with at least 10 hours of multi-rotor time, (b) at least 5 hours of flight time with the 

particular Approved sUAS, and (c) a currency requirement of 3 take-offs and landings in the 

preceding 90 days. Completion of a specialized training program in operation of this sUAS 

will ensure that an equivalent level of safety is obtained. Moreover, all flights will be preplanned and aided by the Approved sUAS autopilot features. The FAA has granted similar 

exemptions to this regulation under Exemptions 11109, 11110, and 11062. 

E. 14 C.F.R. Section 91.105 (Crewmembers at Stations; Seatbelts) 

This regulation requires flight crewmembers to remain at their stations with fastened seatbelts 

during takeoff and landing. In Exemption No. 11185 the FAA determined that relief from this 

regulation was not necessary because it did not apply to sUAS operations where 

crewmembers remained on the ground. The FAA reasoned that the intent of the regulation 

was to ensure that crewmembers were at the station where their duties could be performed. 

However, since the crewmembers in the previous Exemption were required to be at their 
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March 20, 2015 

Page 13 

assigned stations while operating the aircraft and the stations were not equipped with safety 

belts, the regulation did not apply. 

Similarly, the PIC and VO under this petition will remain at their stations during flight 

operations and the Approved sUAS will not have any crewmembers aboard the aircraft during 

any phase of the operation. The stations will not be equipped with safety belts or shoulder 

harnesses. Therefore, this regulation does not apply to the Petitioner's operations. Should 

this regulation be found to apply, an exemption is appropriate for the above mentioned 

reasons. 

F. 14 C.F.R. Section 91.119 (Minimum Safe Altitudes) 

This regulation sets the minimum safe altitudes for aircraft operation. Generally, aircraft may 

not be operated lower than 500 feet above the ground, but over open water and sparsely 

populated areas it is permissible to fly below this threshold. Even so, aircraft are still not 

permitted to be operated within 500 feet of any person, vessel, vehicle, or structure. 

All of the Approved sUAS flights pursuant to this petition will be conducted under 400 feet 

AGL and within the boundaries of Duke Properties. In addition, Petitioner's personnel may 

be within 500 feet of the operations. Due to these circumstances, an exemption from the 500 

feet restriction is necessary. 

The Petitioner is able to achieve an equivalent level of safety because of the small size, light 

weight, lack of combustible fuels, and automated failsafe features of each Approved sUAS. 

In addition, all flights will be conducted within the boundaries of Duke Properties. The 

selected Approved sUAS will not be flown within 500 feet of any structures or vehicles unless 

permission has been obtained from the owner of such structures or vehicles. Similarly, each 

Approved sUAS will only be flown within 500 feet of personnel if they have consented to the 

operation and such proximity is operationally necessary. These operations will be safer than 

equivalent inspections carried out by significantly heavier manned aircraft powered by 

combustible fuels. The low altitude operations conducted by each Approved sUAS will also 

make it less likely to encounter other conventional aircraft. The FAA has granted similar 

exemptions to this regulation, especially in regard to structures and vehicles, under 

Exemptions 11109, 11110, 11111, and 11112. 
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WRILALMS 

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G. 14 C.F.R. Section 91.121(Altimeter Settings) 

This regulation requires the operator of an aircraft not equipped with a radio to maintain a 

cruising altitude by referencing an altimeter that is set to the elevation of the departure airport 

or an appropriate altimeter setting. An equivalent level of safety can be achieved by utilizing 

an onboard GPS receiver to determine its current position and navigate accordingly. Prior to 

flight, the operator will obtain an altitude initiation point and confirm its accuracy. The 

Approved sUAS pilot can also use the constantly updated GPS information to determine the 

aircraft's altitude and view this information on the handheld tablet. The FAA has granted a 

similar exemption to this regulation under Exemption 11109. 

H. 14 C.F.R. Section 91.151 (a) (Fuel Requirements) 

This regulation requires that an aircraft carry enough fuel to reach the first point of its 

intended landing and: (1) during the day have the ability to fly for at least 30 more minutes; or 

(2) at night have the ability to fly for at least 45 more minutes. An exemption from this 

regulation is necessary for aircraft that would not be able to maintain the required 30 minute 

reserve flight time. 

An equivalent level of safety can be achieved by limiting flights to 20°Io of remaining battery 

power. This restriction, in conjunction with the Approved sUAS's battery sensors and 

automatic landing features, provide a high degree of safety considering that the aircraft will 

only be operated within the boundaries of Duke Properties. In addition, the small size and 

weight of the Approved sUAS allows for a much safer emergency landing than traditional 

aircraft should the power supply become depleted. The selected aircraft will be flown within 

VLOS and the PIC will have up to date knowledge of the battery life of the Approved sUAS. 

The FAA has granted similar exemptions in the past under Exemptions 2689F, 5745, 10673, 

10808, 11109, 11110, and 11112. 

I. 14 C.F.R. Section 91.203 (a) &(b) (Display of Certificates) 

This regulation requires that civil aircraft display airworthiness and registration certificates at 

the cabin or cockpit entrance. Based on the FAA Memorandum "Interpretation regarding 

whether certain required documents may be kept at an UA's control station," dated August 8, 

2014, the Petitioner is not required to seek relief from this regulation. However, if this 

regulation is found to apply, Petitioner expects that it will not be possible to comply because 

the Approved sUAS are unmanned aircraft and have no cockpit or cabin. Given the small 

size, weight, and loadbearing capabilities of the Approved sUAS, it is not practical to display 
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these certificates in any other part of the aircraft. Such documents can be kept with the pilot 

where they can be immediately accessed. An exemption, if required, is therefore appropriate 

under these circumstances. The FAA has reached a similar result regarding this regulation 

under Exemptions 11109, 11111, 11112, and 11114. 

J. 14 C.F.R. Section 91.103 (b)(2) (Preflight Action) 

This regulation requires the PIC to become familiar with certain information prior to 

beginning a flight, including information relating to the aircraft performance and 

environmental conditions. Several prior Exemptions have found that relief from this 

regulation was not necessary because the petitioners could comply with the requirements by 

reviewing weather data, checking battery life, and reviewing landings, takeoff distances, and 

aircraft performance. Exemptions where the FAA found that relief from this regulation was 

not necessary include 11153, 11109, 11150, and 11138. 

Should the FAA find that this regulation applies, relief would be necessary since there is no 

approved flight manual for the Approved sUAS. An equivalent level of safety can be 

achieved because prior to every flight the operator will perform a visual inspection of key 

components, test all batteries, and keep a log of inspection and flight activities. In addition, 

weather data and site specific conditions will be reviewed by the operator, a visual observer 

will be present during all flight operations, and the aforementioned operational requirements 

will remain in effect. 

VI. Public Interest 

Petitioner submits that the exemptions requested by this petition are in the public interest 

because the sUAS operations contemplated by this petition will not pose a threat to users of 

the NAS, the general public, or to national security, and have the potential to provide 

significant benefits to the employees and customers of Petitioner. Specifically, these sUAS 

operations will allow employees to inspect critical infrastructure without the dangers of 

ascending towers or working near high voltage power lines. The public interest is furthered 

by reducing the danger to the personnel who service utility lines and ensure the safe 

transmission of electrical power to thousands of customers. In addition, current inspections 

are often conducted with helicopters that could weigh thousands of pounds and carry many 

gallons of combustible fuel. sUAS are nearly silent in flight and therefore are less likely to 

disturb neighboring property owners. In the event of an sUAS crash, no combustible liquid 

fuel would be onboard and the damage caused would be much less than for a manned aircraft 

given the light weight and small size of the sUAS. Finally, sUAS operations provide a cost 
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yR,LIAMS 

U.S. Department of Transportation 

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effective method of inspecting the critical components of the nation's electrical infrastructure, 

creating a savings that will be passed on to customers throughout the distribution area. 

VII. Privacy 

All flights will occur over Duke Properties. Any images taken will be of individuals who 

have consented to be filmed or otherwise have agreed to be in the area where aerial 

photography will take place. In addition, all flights will be monitored by the operator and a 

visual observer to ensure that the sUAS does not deviate from the proposed flight plan. 

VIII. Federal Register Notice 

Pursuant to 14 CFR Part 11, Petitioner provides the following notice in the event that the 

FAA determines publication is required: 

Duke Energy Business Services, LLC, ("DEBS") a subsidiary of Duke Energy Corporation, 

has filed a petition with the FAA seeking an exemption from the following rules in connection 

with the operation of a small unmanned aircraft system (sUAS): 

14 CFR Part 21 (H); 14 CFR Part 36; 14 CFR Section 45.23; 14 CFR Section 91.9 (c); 14 

CFR Part 47; 14 CFR Part 49; 14 CFR Section 61.3 (d); 14 CFR Section 61.31 (d); 14 CFR 

Section 61.113 (a) &(b); 14 CFR Section 61.133 (a); 14 CFR Section 91.7 (a); 14 CFR 

Section 91.9 (b)(2); 14 CFR Section 91.109; 14 CFR Section 91.119; 14 CFR Section 91.121; 

14 CFR Section 91.151 (a); 14 CFR Section 91.203 (a) &(b); 14 CFR Section 91.405 (a) & 

(d); 14 CFR Section 91.407 (a)(1); 14 CFR Section 91.409 (a)(1) and (2); 14 CFR Section 

91.417 (a) & (b). 

Duke's proposed sUAS operations will take place within the boundaries of Duke owned or 

controlled properties, under 400 feet above ground level, and for a period of time such that the 

battery life of the aircraft will not fall below 20%. Duke proposes to operate sUAS in 

connection with the construction, operation, repair and maintenance of utility infrastructure, 

including, inspections of transmission and distribution lines, vegetation, coal ash ponds, 

boilers, stacks, absorbers, and solar arrays. The use of sUAS in lieu of climbing operations or 

traditional aircraft will enhance the safety of utility workers and reduce the risk to lives and 

property. The proposed platforms are any of those heretofore or hereafter approved by the 

FAA pursuant to a Grant of Exemption under Section 333 the FAA Modernization and 

Reform Act of 2012. The conditions and safety standards set forth in the petition will achieve 
•~~_. 

I • 

U.S. Department of Transportation 

March 20, 2015 

Page 17 

a level of safety that is equivalent to, or higher than, the level of safety obtained by traditional 

aircraft under the above-mentioned regulations. 

IX. Summary 

Given the conditions and standards proposed above, and the proven track record of 

Petitioner's aviation department, Petitioner's proposed operations will not create a hazard to 

other aircraft in the NAS or present a threat to national security. The Approved sUAS are or 

will be those that have been evaluated and approved by the FAA under a Grant of Exemption. 

In order to achieve a level of safety equivalent to that of traditional aircraft, Petitioner has 

proposed conditions such as line of sight control, the presence of a visual observer, private 

property restrictions, reserve power levels, training programs, and notice to interested parties 

in the surrounding area. The requested exemptions are appropriate because sUAS provide 

many safety advantages over traditional aircraft and any additional risks posed by such 

systems have been sufficiently mitigated. 

X. Prayer for Relief 

Based on the foregoing information, Petitioner hereby requests an exemption from the abovelisted regulations and such further relief that the FAA determines appropriate for the proposed 

operations. 

Respectfully submitted, 

~ 

Michael E. Sievers 

Attachments 

cc: Clayton Morgan, Esq., Duke Energy 

Mr. James Williams, FAA 

Mr. Robert Pappas, FAA 
HUNTON 

yR,LIAMS 

U.S. Department of Transportation 

March 20, 2015 

Page 18 

Confidential Exhibit 1 

Submitted Confidentially Under Separate Cover 

Supplement to the Duke Energy 

Flight Operations Manual for Small Unmanned Aircraft 
HUNTON 

WRILI"S 

U.S. Department of Transportation 

March 20, 2015 

Page 19 

Confidential Exhibit 2 

Submitted Confidentially Under Separate Cover 

Duke Flight Operations Manual