March 11, 2015 

VIA ELECTRONIC SUBMISSION 

AND FEDERAL EXPRESS 

U.S. Department of Transportation, Docket Operations 

West Building Ground Floor, Room W12-140 

1200 New Jersey Avenue, S.E. 

Washington, D.C. 20590 

EMAIL: msievers@hunton.com 

FILE NO: 34085.000112 

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") 1 as described in this petition. Duke Energy desires to research the efficacy 

and efficiency of using sUAS to perform 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. Duke Energy anticipates 

that the use of sUAS offers a means to conduct the foregoing inspections 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, Petitioner proposes to conduct all sUAS operations contemplated 

by this petition fully within the access-controlled fence-line of the Marshall Steam Station. 

This facility, which is owned by Duke Energy Carolinas LLC, is located in a sparsely 

populated area of North Carolina. The sUAS operations also will be conducted by licensed 

1 For 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 W ASHJNGTON 

www .hunton.com 
and trained pilots and in strict accordance with comprehensive safety and security conditions, 

as more fully described in this petition. 

As described further below, the proposed s U AS operations 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, this petition offers an opportunity to further the objective of integrating 

unmanned aircraft systems into the national airspace, as mandated by the FMRA. 
Table of Contents 

I. Identity and Description of Petitioner and Petitioner Affiliates .................................. 4 

A. Name and Address of Petitioner .............................................................................. 4 

B. Duke Energy Carolinas, LLC ................................................................................... 4 

C. Duke Energy Business Services, LLC ...................................................................... 4 

II. Statutory and Regulatory Authority to Grant Petition for Exemption ...................... 5 

A. Section 333 of the FAA Modernization and Reform Act of 2012 .......................... 5 

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

C. 14 C.F.R. Part 11 ....................................................................................................... 6 

III. Petitioner's Proposed Aircraft and Operations ......................................................... 6 

A. The Unmanned Aircraft System .............................................................................. 7 

1. Overview of the sUAS (Qube by AeroVironment) ............................................. 7 

2. Additional Operational and Design Details ......................................................... 7 

3. System Inspection and Maintenance Information .............................................. 7 

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

c. Operations Parameters ............................................................................................. 8 

1. Overall Site Location ............................................................................................. 8 

2. Inspection-Specific Locations ............................................................................... 8 

3. Flight Conditions .................................................................................................... 8 

IV. Section 333 Determination and Need for Relief from 14 CFR Part 21 .................... 9 

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

VI. Public Interest ............................................................................................................. 17 VII. Privacy .......................................................................................................................... 18 

VIII. Federal Register Notice ........................................................................................... 18 

IX. Summary ...................................................................................................................... 19 

X. Prayer for Relief ............................................................................................................. 19 
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 V elky 

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 Carolinas, LLC 

Duke Energy Carolinas, LLC, is the owner and operator of the Marshall Steam Station where 

the sUAS operations covered by this petition will take place. Duke Energy Carolinas, LLC, is 

a regulated utility of Duke Energy Corporation. Duke Energy Carolinas, LLC generates, 

transmits, distributes and sells electricity in central and western North Carolina and western 

South Carolina. Its service area covers 24,000 square miles, and it supplies electric services 

to a combined 2.4 million residential, general service and industrial customers in North and 

South Carolina. 

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 
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. The proposed sUAS has undergone a thorough evaluation and with a 

change management plan in place, it will become a fully functioning asset within the Duke 

Energy aviation department. 

II. 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[,]"2 As 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.3 Finally, 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."4 Accordingly, 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 

2 FMRA § 333(a). 

3 FMRA § 333(b). 

4 FMRA § 333(c). 

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

http://www.faa.gov/uas/legislative programs/section 333/ (last visited Dec. 8, 2014). 
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 

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)(l) 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. 8 The 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"), 10 and the following specific 

terms, conditions and requirements. 

6 49 U.S.C. § 40109(b) (emphasis added). 

7 49 U.S.C. § 44701(f) (emphasis added). 

8 14 C.P.R. § 11.61. 

9 14 C.P.R. § 11.81. 

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

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

1. Overview of the sUAS (Qube by Aero Vironment) 

Duke Energy seeks authorization in this petition to operate the Qube by Aero Vironment, a 

rugged and reliable sUAS that is comprised of a vertical takeoff and landing ("VTOL") air 

vehicle with high resolution video camera, payload, and associated ground control station. 

The ground control station features an intuitive touchscreen tablet controller that enables 

position-hold (using GPS), altitude hold (using barometric sensors), and geofencing 

throughout the flight. Geofencing prohibits flight of the air vehicle beyond a user-defined 

radius, centered at the launch location, while altitude limit prohibits flight of the air vehicle 

above a user-defined maximum altitude. Duke Energy will program a geofencing "box" for 

every flight that will ensure the sUAS does not fly into unauthorized airspace. The Qube has 

a 40 minute maximum flight time (with payload) and numerous built in alarms and safety 

features. Aero Vironment is a technology solutions provider that designs, develops, produces 

and supports an advanced portfolio of UAS and electric transportation solutions. Agencies of 

the U.S. Department of Defense and allied military services use the company's batterypowered, hand-launched unmanned aircraft systems extensively to provide situational 

awareness to tactical operating units through real-time, airborne reconnaissance, surveillance and communication. 

2. Additional Operational and Design Details 

The Qube measures three feet long and weighs approximately 5.5 pounds. It has hover and 

stare capabilities and dual high resolution color and thermal cameras. Built in safety features 

include: loss of link return home, low battery automatic recovery, altitude and range limits, 

built in tests, and automated preflight. An automated system built-in test is conducted prior to 

each flight and during landing the air vehicle detects touchdown and automatically shuts off 

propulsion motors. In addition, the Qube contains a patent pending aircraft battery design and 

high-efficiency propellers. For additional operational and design details please see the Qube 

Small Unmanned Aircraft System Operator's Manual (the "Qube Operator's Manual"). 11 

3. System Inspection and Maintenance Information 

11 A confidential copy of the Qube Operator's Manual is being submitted in support of this petition as 

"Confidential Exhibit 3." 
Please see the Qube Operator's Manual for more information regarding pre-flight, post-flight, 

and scheduled maintenance. 

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

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 any 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. 

C. Operations Parameters 

1. Overall Site Location 

Marshall Steam Station is located in Catawba County, North Carolina at approximately 

35°35'51"N, 80°57'53"W. The approximate boundaries of the property are depicted in red on 

Attachment 1 to this petition. 

2. Inspection-Specific Locations 

While Petitioner is seeking approval to conduct sUAS operations anywhere within the 

property line of the Marshall Steam Station, but otherwise in accordance with the conditions 

of this petition, for illustrative purposes Attachment 1 to this petition depicts portions of the 

Marshall Steam Station property anticipated to be the subject of the specified types of aerial 

inspection. 

3. 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 Airmen (NOT AM) 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 the attached Qube 

Operator's Manual. 

c) Flight Operations and Limitations 

The Qube will be flown within visual line of sight (VLOS) in visual metrological conditions 

(VMC) and Duke Energy will not operate the aircraft 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 Duke 

Energy will comply with the OEM's policies, procedures and limitations listed in the Qube 

Operator's Manual. If the PIC encounters unpredicted obstacles or emergencies the flight will 

be aborted in accordance with the Qube 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. 

d) Post-Flight Routines 

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

Qube Operator's Manual. 

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

Based on the description above of the design and capabilities of the Qube, including its size, 

weight speed, and limited area of proposed operations, 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. Petitioner thus requests that the Secretary determine, 

pursuant to authority granted under Section 333, that this aircraft does not require a 

certification of air worthiness under 14 CFR Part 21, or any associated noise certification 

under 14 CFR Part 36, in order to operate in the NAS in accordance with this petition. 

Several Grants of Exemption have stated that similar aircraft did not require such an 

airworthiness certification, including Exemptions 11109, 11110, 11111, 11112, and 11114. 
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 for the s U AS operations described in 

this petition in order to conduct research on the efficacy and efficiency of using s U AS to 

perform 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. Exemptions are requested from provisions within Parts 21(H), 47, 

and 49; and Sections 45.23; 91.9(c); 61.3(d); 61.31(d); 61.113(a) & (b); 61.133(a); 91.7(a); 

91.9(b)(2); 91.105; 91.109; 91.119; 91.121; 91.151(a); 91.203(a) & (b); 91.405(a) & (d); 

91.407(a)(l); 91.409(a)(1) and (2); 91.417(a) & (b);and 91.103(b)(2) of Title 14, Code of 

Federal Regulations. Petitioner addresses each relevant regulation below and provides a basis 

for requesting an exemption. 

A. 14 C.F.R. Part 21 (H) (Airworthiness Certification) 

14 C.F.R Part 21 (H) sets forth the requirements for airworthiness certificates that must be 

obtained and carried under 14 C.F.R. Part 91.203 (a) & (b). As mentioned above in Section 

IV, Petitioner believes based on past Grants of Exemption that an airworthiness certificate is 

not required for this sUAS. However, all of the safety features described herein demonstrate 

that the proposed operation will be just as safe as those conducted by manned aircraft, even if 

an airworthiness certificate is found to be required. The attached Qube Operator's Manual 

provides a detailed explanation of the Qube' s safety features, capabilities, and standard 

procedures. 

B. 14 C.F.R. 45.23 and 91.9 (c) (Marking of the Aircraft) 

14 C.F.R. Section 45.23 requires that all aircraft display a capital letter "N" followed by a 

registration number. In addition, when the number is displayed on limited, restricted, lightsport category, or experimental or provisionally certified aircraft, the operator must display 

near each entrance to the cabin, cockpit, or pilot station, in letters between 2 and 6 inches 

high, the applicable words describing such category of aircraft. Section 91.9 (c) prohibits the 

operation of U.S.-registered civil aircraft unless the identification requirements of Section 

45.23 are followed. 

The Qube does not have any entrances to a cabin or cockpit where the registration number can 

be displayed. Also, it does not have sufficient space to bear the registration number in 2 inch 

high lettering. The quadcopter will be marked with a serial number and the make and model 
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of aircraft. Additional information can be displayed or marked on the aircraft, but not in the 

letter size required by Section 45.23. The Qube will still provide sufficient detail for close-up 

identification purposes and the FAA has granted previous exemptions to this regulation or 

found that an exemption was not necessary under Exemptions 8738, 10167, 10167A, 10700, 

11109, 11110, 11111, 11112, and 11114. 

C. 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. 

D. 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 

the Qube need not be as extensive as the training for manned aircraft due to the automated 

features of the quadcopter, the built-in failsafe devices, and the lack of a crew or heavy 

payload. Prospective Qube 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 this particular sUAS. Therefore, an exemption to this regulation is appropriate because 

Qube pilots will have a level of training with respect to sUAS that is equivalent to the training 

required by those who operate manned aircraft. 

E. 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 the 
Qube from this section would not adversely impact safety because the pilots operating under 

this proposal would receive special training on the Qube and all flights would take place on 

the training facility under controlled conditions. An exemption from this provision is 

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

achieved. 

F. 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 Qube. 

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 Qube does 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 Qube. In addition, a visual 

observer will be present during all flight operations. Petitioner will assure that the operator of 

the 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 Qube, 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 pre-planned, aided by the Qube's autopilot features, 

and conducted in a controlled environment. The FAA has granted similar exemptions to this 

regulation under Exemptions 11109, 11110, and 11062. 

G. 14 C.F.R. Section 91.7 (a) (Airworthiness Requirement) 

This regulation states that no person may operate a civil aircraft unless it is in an airworthy 

condition. Since the Petitioner intends to operate the sUAS without an airworthiness certificate, there will be no recognized FAA standard for determining airworthiness. The 

FAA has ruled that similar craft were able to satisfy this airworthiness requirement through 
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compliance with all of the procedures and safeguards described in their respective flight 

manuals under Exemptions 11109 and 11110. The Qube's airworthiness and safety have been 

discussed above and Petitioner will comply with all relevant requirements in the Qube 

Operator's Manual, Duke FOM, and Duke sUAS FOM. Therefore, Petitioner seeks relief 

from this regulation and requests that the policies and procedures outlined in the Duke sUAS 

FOM serve as the aforementioned standard. 

H. 14 C.F.R. Section 91.9 (b)(2) (Flight Manual on Aircraft) 

This regulation requires a flight manual to be carried in the aircraft. 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, the Qube is unable to carry a 

flight manual due to the size and weight restrictions of the aircraft. In addition, the pilot is not 

located in the aircraft, but on the ground with the control system. Therefore, the Petitioner 

requests that the Qube operating manual be located with the pilot where it can be easily stored 

and referenced if needed. The FAA has granted similar exemptions to this regulation under 

Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 

10700, 11109, 11111, and 11112. 

I. 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 

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 Qube 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. 

J. 14 C.F.R. Section 91.109 (Flight Instruction) 
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This section requires that all civil aircraft used in flight instruction (except a manned free 

balloon) must have fully functioning dual controls. The Qube is remotely controlled by a 

single pilot through the use of a ruggedized tablet and radio transmitter and it does not have 

fully functioning dual controls. Flight plans can be manually controlled using the tablet's 

digital screen and geofences or altitude limits can be entered in advance of the flight. In 

addition, the Qube can hold its position or return home in the case of a lost link. Unlike 

traditional manned aircraft, the Qube does not require constant or instant input from the pilot 

or instructor in order to operate the device safely. All pilots will receive training in the Qube 

under controlled conditions and since the instructor and student are not located inside the 

aircraft, the instructor can easily assume control of the transmitter at any time. Additionally, 

all pilots will have at least a private pilot's license and training will be conducted during 

designated training sessions. Therefore, an equivalent level of safety will be achieved through 

the pilot training program, the automated and failsafe features of the aircraft, and the unique 

capabilities of radio controlled sUAS. The FAA has approved exemptions for flight training 

in the past with aircraft that lacked fully functional dual controls under Exemptions 11062, 

9862A, 11109, and 11110. 

K. 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 Qube's flights pursuant to this petition will be conducted under 400 feet AGL and 

on the Petitioner's private land. The site in question is a sparsely populated area, but the 

aircraft will be used to evaluate structures on the property. 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 Qube's small 

size, light weight, lack of combustible fuels, and automated failsafe features. In addition, all 

flights will be conducted over the Petitioner's property under controlled conditions. The 

Qube 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, the Qube will only be 

flown within 500 feet of personnel if they have consented to the operation on the Petitioner's 

property 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 the Qube 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. 

L. 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 

the Qube's 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 Qube 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. 

M. 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. The Qube has approximately 

40 minutes of flight time on a fully charged battery. An exemption from this regulation is 

therefore necessary since the aircraft would not be able to maintain the required 30 minute 

reserve flight time unless flights were limited to 10 minutes. 

An equivalent level of safety can be achieved by limiting flights to 30 minutes or 20% of 

battery power, whichever happens first. These restrictions, in conjunction with the Qube's 

battery sensor and automatic landing features, provide a high degree of safety considering that 

the aircraft will only be operated under controlled conditions on the Petitioner's property. 

The Qube has vertical takeoff and landing capabilities and does not require the same amount 

of landing space as most manned aircraft. In addition, the small size and weight of the Qube 

allows for a much safer emergency landing than traditional aircraft should the power supply 

become depleted. The aircraft will be flown within VLOS and the sUAS pilot will have 

continuous knowledge of the battery life since the Qube provides warnings for low battery 

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

10673, 10808, 11109, 11110, and 11112. 
g

N. 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, it is not possible for the Petitioner to comply because the Qube is 

an unmanned aircraft and has no cockpit or cabin. Given the small size, weight, and 

loadbearing capabilities of the Qube, it is not practical to display these certificates in any 

other part of the aircraft. Furthermore, the Petitioner is seeking to operate the Qube under an 

exemption to the airworthiness and registration requirements. Such documents can be kept 

with the pilot where they can be immediate I y 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. 

0. 14 C.F.R. Sections 91.405 (a) & (d); 91.407 (a)(1); 91.409 (a)(1) and (2); 

91.417 (a) & (b) (Maintenance Inspections and Placarding) 

These regulations specify various maintenance and inspection standards, including a 

requirement under Section 91.405 (a) that the owner or operator of an aircraft "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 91.405 (d) requires placards to be installed if 

listed discrepancies include inoperative instruments or equipment. Section 91.407 makes 

reference to maintenance requirements in Part 43 and Section 91.409 (a)(2) requires an annual 

inspection for the issuance of an airworthiness certificate. Section 91.417 requires the owner 

or operator of an aircraft to keep maintenance records of work that was completed in 

accordance with inspection requirements. 

An exemption to these regulations is required because the above mentioned sections require 

an inspection either by an authorized person under 14 C.F.R. Part 43 or pursuant to the 

acquisition of an airworthiness certificate. The Petitioner plans to operate the Qube without 

an airworthiness certificate and would like to conduct its own inspections at the operator level 

per the attached Qube Operator's Manual. An equivalent level of safety will be achieved 

through pre-flight inspections, maintenance, and recordkeeping conducted in accordance with 

the Qube Operator's Manual. The operator will perform a visual inspection of key 

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

involve pre-flight, post-flight, and scheduled maintenance requirements. Operators will be 
the individuals most familiar with this type of aircraft and it would not enhance safety to have 

a certified mechanic conduct the inspections on a new and relatively simple sUAS system. 

The Qube also has the capability to automatically sense a mechanical deficiency and conduct 

an emergency landing. sUAS are smaller and lighter than traditional aircraft and can land 

almost immediately if issues arise. Given all of these elements and the fact that the aircraft 

will be operated in a controlled environment over the Petitioner's property, the equivalent 

level of safety can be achieved. The FAA has granted similar exemptions to this regulation 

under Exemptions 11109, 11110, and 11112. 

P. 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 Qube. 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 rare case of a sUAS crash, no combustible liquid 

fuel would be onboard and the damage caused would be much less given the light weight and 

small size of the aircraft. Finally, sUAS operations provide a unique cost 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 private or controlled-access property with permission from the 

landowner. 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, ("Duke") 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)(l) and (2); 14 CFR Section 

91.417 (a) & (b). 

Duke's proposed sUAS operations will take place on private property, under 400 feet above 

ground level, for less than 40 minutes at a time, and in areas where consent has been obtained 

from property owners and on-site personnel. The purpose of the operations is to research 

suitable methods of inspecting utility lines and other infrastructure for maintenance and repair 

functions. 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 platform, 

the Qube by Aero Vironment, weighs less than 6 pounds, carries no combustible fuel, and is 

battery powered. The conditions and safety standards set forth in the petition will achieve 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 the 

Aero Vironment Qube, Petitioner's proposed operations will not create a hazard to other 

aircraft in the NAS or present a threat to national security. The Qube is a light weight, battery 

powered, and highly sophisticated sUAS with numerous automated safety features. Its 

effectiveness and airworthiness have been proven through thousands of hours of safe flight 

time around the world. 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, 

Attachments 

cc: Clayton Morgan, Esq., Duke Energy 

Mr. James Williams, FAA 

Mr. Robert Pappas, FAA 
Attachment 1 
Confidential Exhibit 1 

Submitted Confidentially Under Separate Cover 

Supplement to the Duke Energy 

Flight Operations Manual for Small Unmanned Aircraft 
Confidential Exhibit 2 

Submitted Confidentially Under Separate Cover 

Duke Flight Operations Manual 
Confidential Exhibit 3 

Submitted Confidentially Under Separate Cover 

Qube Operator's Manual 

34085.000112 EMF_US 53466223vll