UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION WASHINGTON, D.C.

IDAHO POWERCOMPANY'S PETITIONFOREXEMPTION PURSUANT TO SECTION 333 OF THE FAAMODERNIZATIONAND REFORM ACT OF 2012 (PUBLIC LAW 112-95, 126 STAT 11)

IDAHO POWER COMPANY Phillip 

### A. Groves NathanGardiner, Esq. 1221 West Idaho Street Boise, Idaho 83702 Tel: (208) 388-2597 

### Applicant Submitted on March 23, 2015 DAVIS WRIGHT TREMAINE LLP Constance M. Pendleton, Esq. 1919 PennsylvaniaAvenue, NW, Suite 800 Washington, DC 20006-3401 Tel: (202) 973-4229 Fax: (202) 973-4499 Email: conniependleton@dwt.com 

### Attorneys for Idaho Power ompany

### TABLE OF CONTENTS

I. SUMMARY AND BACKGROUND

................................ ......... ........... .............................. 1 A. Applicant Idaho Power Company

............................................................... ............. 1 B. 

### Idaho Power Company's Proposed sUAS

...............................................................2 C. Idaho Power Company's Proposed Use ofsUAS

....................................................3 II. RELEVANT AUTHORITY

................................................................................................4 A. Section 333

............................................................... .... ... ........................................4 B. Section 44701(:£)

......................................................................................................5 C. Other Authority

........................................................................................................5 III. BASIS FORPETITION

.. ...... .. ................................... .........................................................6 A. 

### Name and Address ofthe Applicant.

........................................................... ....... .....6 B. Specific Sections of 14 C.F.R. From Which Idaho Power Company Seeks Exemption

................................................................................................................6 C. The Extent ofReliefidaho Power Company'Seeks and the Reason Idaho Power Company Seeks ReliefFrom Specific Parts ofthe Federal Aviation Regulations

............................................................................................................1 7 D. Granting Idaho Power Company's Request Would Be In The Public Interest and Would Benefitthe Public as a Whole

.............................................................21 E. The Reasons Why Granting the Exemptions WouldNotAdversely Affect Safety, or Howthe Exemptions Would Provide a Level ofSafety at Least Equal to that Provided by the Existing Rule

..........................................................28 F. Summary Suitable for Publication inthe Federal Register.

..................................37 G. Additional Information

..........................................................................................37 IV. CONCLUSION

........ ....... ................ ...................................................................................38

1

### I. SUMMARY AND BACKGROUND Idaho Power Company ("IPC") respectfully requests an expedited exemption from Federal Aviation Regulations ("FARs") pursuant to Section 333 ofthe FAA Modernization and Reform Act of2012, to operate a small unmanned airsystem ("sUAS"). IPC's requested exemption would support IPC's application for a civil, commercial Certificate ofAuthorization ("COA'') to use a MikroKopter sUAS over sparsely populated and unpopulated areas in Idaho for low altitude environmental research and resource monitoring, including monitoring ofsalmon spawning activity inthe Snake River as part ofiPC's efforts to comply with the Environmental Species Act ("ESA") and to supporthydro-facility relicensing required bythe Federal Energy Regulatory Commission ("FERC"). 1 

### A. ApplicantIdaho PowerCompany IPC, an electric utility company headquartered in Boise, Idaho, is engaged inthe generation, transmission, distribution, sale andpurchase ofelectric energy. Since 1916, IPC has provided safe, reliable, responsible, fair-priced service to its customers. In additionto providing energy, IPC cares for the environment. Some ofIPC's environmental work

- including monitoring ofsalmon spawning activity and vegetation mapping -requires aerial surveys in

1As described in more detail inthis Petition, IPC requests exemption from the following regulations: 14 C.F.R. Part 21, Subpart H, §§ 21.173 and 21.175(a) and (b) (airworthiness certificates); 14 C.F.R. § 45.23(a) and (b) (display ofmarks); 14 C.F.R. § 45.27(a) (location of marks); 14 C.F.R. § 45.29(a), (b)(3), (c), (d), (e), and (f) (size ofmarks); 14 C.F.R. § 61.113(a) and (b) (private pilotprivileges and limitations); 14 C.F.R. § 61.133(a) (commercial pilot privileges and limitations); 14 C.F.R. § 91.7(a) (civil aircraft airworthiness); 14 C.F.R. § 91.9(a), (b), and (c) (civil aircraft flight manual); 14 C.F.R. § 91.109(a) (flight instruction); 14 C.F.R. 

### § 91.119 (minimum safe altitudes); 14 C.F.R. 

### § 91.121 (altimeter settings); 14 C.F.R. § 91.151(b) (fuel requirements); 14 C.F.R. § 91.203 (civil aircraft certifications); 14 C.F.R. § 91.405(a) (required maintenance); 14 C.F.R. § 91.407(a)(1) (operation after maintenance, rebuilding or alteration); 14 C.F.R. § 91.409(a) (inspections); and 14 C.F.R. § 91.417(a) and (b) (maintenance records). IPC also requests the exemptions that are necessary to such approval pursuant to 49 U.S.C. § 44701(±), and 14 C.F.R. § 11.81. 1rugged, isolated, wilderness terrain along the Snake River in Idaho, for which IPC seeks to use sUAS. 

### B. Idaho Power Company's Proposed sUAS IPC proposes to use a MikroKopter sUAS, built and distributed by Quadcopter, LLC, in Montana. As set forth in more detail inthe MikroKopter Pilots Operating Manual, attached hereto as Exhibit 1 (translated from the original German), the MikroKopter sUAS consists ofa lightweight hexa-rotor craft (Hexacopter), a laptop computer-based ground control system, and a 2.4 GHz radio control transmitter commonly associated withrecreational models. The Hexacopter has a ten inch diameter central hub, protected by a plastic dome, that contains all of the major electrical components, including microchips for flight and navigation control, onboard GPS, flight recording, multi-axis accelerometers (for auto-stabilization), and remote control radio receivers. Six regularly spaced aluminum arms radiate outhorizontally from the central hub. A small brushless motor and propellerblade are attached to the distal end ofeach arm. Along the bottom ofthe forward arm are a set ofbrightred LED lights, and along two ofthe rear facing legs are sets ofbright blue LED lights. These lights are onwhenthe sUAS is under power, enhancing visibility ofthe sUAS for personnel onthe ground. Directly beneath the central hub is a cameramountthat can hold a payload of approximately 150 grams. The Hexacopterhas an overall diameter ofapproximately 2.3 feet, stands about one foot high, and weighs slightly less than five pounds (with camerapayload). The Hexacopter is battery operated and can maintain flight for approximately 20 minutes on a full charge. Typical cruising speed overthe ground is approximately ten nautical miles perhour, and maximum speed is approximately 35 nautical miles per hour. The Hexacopter carries onboard either a GoPro video or a small Pentax still camera.



### 2

### C. Idaho PowerCompany's Proposed Use ofsUAS sUAS will provide IPC a safer and more efficient means to collect low altitude, precision video orphotogrammetry to support and enhance IPC'smonitoring ofenvironmental resource programs. The high-resolution data obtained by a sUAS can be used to monitor ESA-listed salmon spawning activity inhard-to-access orenvironmentally sensitive areas, assess changes in vegetation type and cover in sensitive areas, catalogue archaeological resources, and map aquatic, littoral, and terrestrial habitat for sensitive species without the use ofhelicopters or other vehicles that may have more impactthan sUAS. Helicopters are not only more expensive than sUAS, they are also more dangerous, as demonstrated by a 2010 helicopter crash in Idaho in a mission similar to IPC's thatresulted inthe loss oflife ofthe pilot and biologists on board. sUAS would allow IPC biologists and resource managers to remotely obtain high quality data, while increasing the overall safety ofpersonnel, potentially reducing or eliminating impacts to the environment, and reducing operation and maintenance costs. IPC proposes to use sUAS that weigh five orfewer pounds, operate at a speed often nautical miles perhour and no more than 35 nautical miles perhour, and contain built-in safety features. In addition, IPC proposes to use the sUAS at low altitudes no more than 400 feet above ground level ("AGL"), away from airports or densely populated areas, on property that is owned

or controlled by IPC (or with the permission ofthe property owner), in sparsely populated or unpopulated areas. IPC would operate the sUAS within the visual line ofsight ofthe operator, during the daytime, and under controlled conditions. Given the sUAS's light weight, flight performance, fully qualified operators, and strict operationunder the guidelines established in FAA Policy Order 8900.227 and outlined in this Petition, IPC's operations will have a level ofsafety equivalentto or greater than manned aircraft performing similar missions. The grant ofthis requested exemption is in the public interest 3based onthe clear direction in Section 333 ofthe Reform Act, the environmental benefits and reduced environmental impact, enhanced safety, and cost savings associated with transitioning to sUAS for low altitude environmental resource monitoring and mapping. The next salmon spawning season onthe Snake River begins in October of2015. Accordingly, IPC respectfully requests thatthe Administration grant the requested exemption without delay.2 

### II. RELEVANT AUTHORITY The following laws, rules, and policy orderprovide the basis for IPC's requested exemption:

• Section 333 ofthe FAA Modernization and Reform Act of2012 (the "Reform Act") • 49

# u.s.c. § 44701(f) • 14 C.F.R. Part 11, Subpart A, Section 11.61(b) • FAA Policy Order 8900.227, Paragraph 16 A. Section 333. Section 333 ofthe Reform Act is a pathway for "expedited operational authorization." Section 332(b)(1). Section 333 expressly grants the FAA, through the Secretary of Transportation, the authorityto "determine ifcertain unmanned aircraft systems may operate safely in the national airspace systembefore completion ofthe plan and rulemaking required by" other sections ofthe Reform Act.

2 Under 14 C.F.R. § 11.87, the Administration need not publish a summary ofiPC's Petition and request comment ifIPC presents orthe Administration finds good cause whythe Administration should not delay action onIPC's Petition. Here, IPC's petition is filed seven months before the October 2015 salmon spawning season and is therefore timely. Delaying action on IPC's Petition until after salmon spawning season would affect IPC adversely. In addition, the relief IPC requests is identical to various exemptions the Administrationhas previously granted, as described herein. Finally, granting the Petition would set a precedent for other petitions seeking to use sUAS for research and monitoring ofnatural resources. 

### 4Section 3 3 3(b)(1) outlines the factors that the Administration shall use to determine whether UAS may be operated safely inthe national airspace system: size, weight, speed, operational capability, proximityto airports and populated areas, and operation within visual line ofsight. In addition, Section 333(b)(2) provides the Administration withthe discretion to determine that a certificate ofwaiver, certificate ofauthorization, or airworthiness certification is

not requiredto operate sUAS that are found to be appropriate under Section 333(b)(1). Finally, Section 333(c) allows the Administration to establish requirements for safe operation ofthe sUAS determined to be able to be operated safely in the national airspace system. 

### B. Section 44701(t). In addition to its specific authority related to authorizing sUAS operation under Section 333, the Administrationhas general authority to grant exemptions from its safety requirements and minimum standards ifthe Administration finds thatthe exemptionis in the public interest. 49 U.S.C. § 44701(f). Administrationregulations set forth the information that must be included in a petition for exemption: (1) the applicant's name and mailing address; (2) the regulations from which the applicant seeks exemption; (3) the extent ofreliefsought and why; ( 4) the

reasons why granting the request would be inthe public interest and howit would benefitthe public as a whole; and (5) the reasons why granting the exemption would not adversely affect safety, orhowthe exemptionwould provide a level ofsafety atleast equal to the rule from which the applicant seeks exemption. 14 C.F.R. § 11.81. 

### C. Other Authority. In addition, Part 11 of 14 C.F.R., Subpart A,§ 11.6l(b),provides the FAA the authority

to grant exemptions to any currentregulation of 14 C.F.R. FAA Policy Order 8900.227, paragraph 16, discusses sUAS pilot qualifications, and notes that, ifcertain conditions are met, a currentpilot certificate is notrequired. 

### 5

### III. BASIS FORPETITION A. Name and Address ofthe Applicant. The name and address ofthe Applicant is: Idaho Power Company 1221 West Idaho Street Boise, Idaho 83702 The point ofcontact for this Petition, and specific contact information is: Constance M. Pendleton, Esq. Davis Wright Tremaine LLP 1919 PennsylvaniaAve, NW, Suite 800 Washington, DC 20006-3401 Direct Tel: (202) 973-4229 Fax: (202) 973-4499 Email: conniependleton@dwt.com 

### B. Specific Sections of 14 C.F.R. FromWhich Idaho Power Company Seeks Exemption.3 

### 1. IPC Seeks Exemption From the Requirements ofPart21, SubpartH: Airworthiness Certificates,§§ 21.173, and 21.175(a) and (b)- Airworthiness Certificates. Part 21, Subpart H: Airworthiness Certificates, Sections 21.173 and 21.175(a) and (b), provides: Section 21.173, entitled

### Eligibility, states: Any registered owner ofa U.S.registered aircraft (or the agent of the owner) may apply for an airworthiness certificate for that aircraft. An application for an airworthiness certificate must be made in a form and manner acceptable to the FAA, and may be submittedto any FAA office. Section 21.175(a) and (b), entitledAirworthiness certificates: classification, states:

3 IPC has attempted to identify the applicable regulations for which an exemption is required for its proposed sUAS use. To the extent that the Administration determines that any other safety regulations might apply to IPC's proposeduse, IPC further requests that this Petition be deemed to seek an exemption from those requirements. 6(a) Standard airworthiness certificates are airworthiness certificates issued for aircraft type certificated in the normal, utility, acrobatic, commuter, ortransport category, and for manned free balloons, and for aircraft designated by the FAA as special classes ofaircraft. (b) Special airworthiness certificates are primary, restricted, limited, light-sport, andprovisional airworthiness certificates, special flight permits, and experimental certificates. 

### 2. IPC Seeks Exemption From the Requirements of§ 45.23(a) and (b)- Display ofMarks. Section 45.23, entitled Display of marks; general, subsections (a) and (b), provides: (a) Each operator ofan aircraft must display onthat aircraft marks consisting ofthe Roman capital letter "N" (denoting United States registration) followed bythe registration number ofthe aircraft. Each suffix letter used inthe marks displayed must also be a Roman capital letter. (b) When marks include only the Roman capital letter "N" and the registration number is displayed onlimited, restricted or light-sport category aircraft or experimental or provisionally certificated aircraft, the operator must also display onthat aircraft near each entrance to the cabin, cockpit, or pilot station, inletters not less than 2 inches nor more than 6 inches high, the words "limited," "restricted," "light-sport," "experimental," or "provisional," as applicable. 

### 3. IPC Seeks Exemption From the Requirements of§ 45.27(a)- Location ofMarks. Section 45.27, entitledLocation of marks; nonfixed-wingaircraft, subsection (a), provides: (a) Rotorcraft. Each operator ofa rotorcraft must display on that rotorcraft horizontally on both surfaces ofthe cabin, fuselage, boom, ortail the marks required by§ 45.23.

7

### 4. IPC Seeks Exemption From the Requirements of§ 45.29(a), (b)(3), (c), (d), (e), and (f)

- 

### Size ofMarks. Section 45.29, entitled Size of marks (for subsections noted above), provides: (a) Except as provided inparagraph (f) ofthis section, each operator ofan aircraft must display marks onthe aircraft meeting the size requirements ofthis section. (b) Height. Except as provided inparagraph (h) ofthis part, the nationality andregistration marks mustbe ofequal height and on: 

## *** (3) Rotorcraft, mustbe at least 12 inches high, except thatrotorcraft displaying before April18, 1983, marks required by§ 45.29(b)(3) in effect onApril17, 1983, and rotorcraft manufactured on or after April18, 1983, but before December 31, 1983, may displaythose marks until the aircraft is repainted or the marks are repainted, restored, or changed. (c) Width. Characters must be two-thirds as wide as they are high, exceptthe number "1 ", whichmustbe one-sixth as wide as itis high, and the letters "M" and "W" which may be as wide as they are high. (d) Thickness. Characters mustbe formed by solid lines onesixth as thick as the character is high. (e) Spacing. The space between each character maynot be less than one-fourth ofthe character width. (f) Ifeither one ofthe surfaces authorized for displaying required marks under§ 45.25 is large enough for display of marks meeting the size requirements ofthis section and the other is not, full size marks must be placed onthe larger surface. Ifneither surface is large enough for full size marks, marks as large as practicable must be displayed on the larger ofthe two surfaces. Ifno surface authorized to be markedby§ 45.27 is large enough for full-size marks, marks as large as practicable mustbe placed onthe largest ofthe authorized surfaces. However, poweredparachutes and weight-shift-control aircraft must display marks at least 3 inches high.



### 8

### 5. IPC Seeks Exemption From the Requirements of§ 61.113(a) and (b)- PrivatePilot Privileges and Limitations. Section 61.113, entitled Privatepilotprivileges andlimitations: Pilot in command, 

### subsections (a) and (b), provides: (a) Except as provided in paragraphs (b) through (h) ofthis section, no person who holds a private pilot certificate may act as a pilot in command ofan aircraft that is carrying passengers orproperty for compensation orhire; nor may that person, for compensation orhire; nor may that person, for compensation orhire, act as pilot in command ofan aircraft. (b) A private pilot may, for compensation orhire, act as pilot in command ofan aircraft in connection with any business or employment if: (1) 

### The flight is only incidental to that business or employment; and (2) The aircraft does not carry passengers orproperty for compensation orhire. 

### 6. IPC Seeks Exemption From the Requirements of§ 61.133(a)- CommercialPilot Privileges and Limitations. Section 61.133, entitled Commercialpilotprivileges andlimitations, 

### subsection (a), provides: (a) Privileges: (1) General. 

### A person who holds a commercial pilot certificate may act as pilot in command in command ofan aircraft: (i) Carrying persons orproperty for compensation or hire, provided the person is qualified in accordance withthis part and with the applicable parts ofthis chapterthat apply to the operation; and (ii) For compensation or hire, provided the person is qualified in accordance with this part and with the applicable parts ofthis chapter that apply to the operation. 

### 9

### 7. IPC Seeks Exemption From the Requirements of§ 91.7(a)- Civil AircraftAinvorthiness. Section 91.7, entitled Civil aircraftairworthiness, subsection (a), provides: (a) No person may operate a civil aircraft unless it is in an airworthy condition. 

### 8. IPC Seeks Exemption From the Requirements of§ 91.9(a), (b), and (c)

- CivilAircraftFlightManual, Marking and Placard. Section 91.9, entitled Civil aircraft flight manual, marking, and placardrequirements, subsections (a), (b), and (c), provides: (a) Except as provided in paragraph (d) ofthis section, no personmay operate a civil aircraft without complying with the operating limitations specified in the approved Airplane orRotorcraft Flight Manual, markings, and placards, or as otherwise prescribed bythe certificating authority ofthe country ofregistry. (b) No person may operate a U.S.-registered civil aircraft: (1) For which an Airplane or Rotorcraft Flight Manual is required by § 21.5 ofthis chapter unless there is available inthe aircraft a current, approved Airplane orRotorcraft Flight Manual orthe manual provided for in§ 121.141(b); and (2) For which an Airplane or Rotorcraft Flight Manual is not required by § 21.5 ofthis chapter, unless there is available inthe aircraft a current approved Airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any combinationthereof. (c) No personmay operate a U.S.-registered civil aircraft unless that aircraft is identified in accordance withpart 45 ofthis chapter.

10

### 9. IPC Seeks Exemption From the Requirements of§ 91.109(a)- Flight Instruction. Section 91.109, entitled Flight instruction; Simulated instrument flight andcertain flight tests, subsection (a), provides: (a) No person may operate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has fully functioning dual controls. However, instrument flight instruction may be given in an airplane that is equipped with a single, functioning throwover control wheel that controls the elevator and ailerons, in place offixed, dual controls, when: (1) The instructor has determined that the flight can be conducted safely; and (2) The personmanipulating the controls has at least a private pilot certificate with appropriate category and class ratings. 

### 10. IPC Seeks ExemptionFrom theRequirements of§ 91.119- Minimum Safe Altitudes. Section 91.119, entitledMinimum safe altitudes: General, provides: Except when necessary for takeoffor landing, no personmay operate an aircraft belowthe following altitudes: (a) Anywhere. An altitude allowing, ifa power unit fails, an emergency landing without undue hazard to persons or property on the surface. (b) Over congestedareas. Over any congested area of a city, town, or settlement, or over any open air assembly ofpersons, an altitude of 1,000 feet above the highest obstacle within a horizontal radius of 2,000 feet ofthe aircraft. (c) Over other than congestedareas. An altitude of 500 feet above the surface, except over open water or sparsely populated areas. In those cases, the aircraft maynot be operated closer than 500 feet to any person, vessel, vehicle, or structure. (d) Helicopters, powered parachutes, andweight-shiftcontrol aircraft. Ifthe operation is conducted

11

### without hazard to persons orproperty on the surface: (1) A helicopter may be operated at less thanthe minimums prescribed inparagraph (b) or (c) ofthis section, provided each person operating the helicopter complies with any routes or altitudes specifically prescribed for helicopters bythe FAA; and (2) A powered parachute or weight-shift-control aircraft may be operated at less thanthe minimums prescribed inparagraph (c) of this section. 11. IPC Seeks Exemption From the Requirements of§ 91.121 -Altimeter Settings. Section 91.121, entitledAltimetersettings, 

### subsection (a), provides: (a) Eachperson operating an aircraft shall maintain the cruising altitude orflight level ofthat aircraft, as the case may be, byreference to an altimeter that is set, when operating: (1) Below 18,000 feet MSL, to (i) The current reported altimeter setting ofa station along the route and within 1 00 nautical miles ofthe aircraft; (ii) Ifthere is no station within the area prescribed inparagraph (a)(l)(i) ofthis section, the current reported altimeter setting ofan appropriate available station; or (iii) Inthe case ofan aircraft not equipped with a radio, the elevation ofthe departure airport or an appropriate altimeter setting available before departure[.]

12

### 12. IPC Seeks Exemption From the Requirements of§ 91.151(b)- Fuel Requirements. Section 91.151, entitled Fuel requirements for flight in VFR conditions, subsection (b), provides: (b) No person may begin a flight ina rotorcraft under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 20 minutes. 

### 13. IPC Seeks Exemption From the Requirements of§ 91.203 - Display of Civil Aircraft Certifications. Section 91.203, entitled Civil aircraft: Certifications required, provides: (a) Except as provided in§ 91.715, no person may operate a civil aircraft unless ithas within itthe following: (1) An appropriate and current airworthiness certificate. Each U.S. airworthiness certificate used to comply with this subparagraph (except a special flight permit, a copy ofthe applicable operations specifications issued under § 21.197(c) ofthis chapter, appropriate sections ofthe air carrier manual required byparts 121 and 135 ofthis chapter containing thatportion ofthe operations specifications issued under § 21.197(c), or an authorization under§ 91.611) must have on it the registration number assigned to the aircraft under part 4 7 ofthis chapter. However, the airWorthiness certificate need nothave on it an assigned special identification number before 10 days after that number is first affixed to the aircraft. A revised airworthiness certificate having onit an assigned special identification number that has been affixed to an aircraft, may only be obtained upon applicationto an FAA Flight Standards district office. (2) An effective U.S. registration certificate issued to its owner or, for operation within the United States, the second copy ofthe Aircraft registration Application as provided for in § 47.31 (c), or a

13

### registration certification issued under the laws ofa foreign country. (b) No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) ofthis section or a special flight authorization issued under § 91.715 is displayed at the cabin or cockpit entrance so that itis legible to passengers or crew. (c) No personmay operate an aircraft with a fuel tank installed within the passenger compartment or a baggage compartment unless the installation was accomplished pursuant to part 43 ofthis chapter, and a copy ofFAA Form 337 authorizing that installation is on board the aircraft. (d) No person may operate a civil airplane (domestic or foreign) into or out ofan airport inthe United States unless it complies with the fuel venting and exhaust emissions requirements ofpart 34 ofthis chapter. 14. IPC Seeks Exemption From the Requirement of§ 91.405(a)- Required Maintenance. Section 91.405, entitled Maintenance required, 

### subsection (a), provides: (a) Each owner or operator ofan aircraft: (b) Shall have that aircraft inspected as prescribed in subpart E ofthis part and shall between required inspections, except as provided in paragraph (c) ofthis section, have discrepancies repaired as prescribed inpart 43 ofthis chapter[.] 15. IPC Seeks Exemption From the Requirements of§ 91.407(a)(1)- Operation After Maintenance, Rebuilding or Alteration. Section 91.407, entitled Operation qfter maintenance, preventive maintenance, rebuilding, or alteration, 

### subsection (a)(l), provides: (a) No person may operate any aircraft that has undergone maintenance, preventive maintenance, rebuilding, or alteration unless: (i) It

### has been approved for return to service by a person authorized under§ 43.7 ofthis chapter[.]

14

### 16. IPC Seeks Exemption From the Requirements of§ 91.409(a)- Inspections. Section 91.409, entitledInspections, subsection (a), provides: (a) Except as provided inparagraph (c) ofthis section, no personmay operate an aircraft unless, within the preceding 12 calendar months, it has had: (1) An annual inspection in accordance withpart 43 of this chapter and has been approved for return to service by a person authorized by§ 43.7 ofthis chapter; or (2) An inspection for the issuance ofan airworthiness certificate in accordance with part 21 ofthis chapter. 

### 17. IPC Seeks Exemption From the Requirements of§ 91.417(a) and (b)- 

### Maintenance Records. Section 91.417, entitledMaintenance records, subsections (a) and (b), provides: (a) Except for workperformed in accordance with§§ 91.411 and 91.413, each registered owner or operator shall keep the following records for the periods specified inparagraph (b) ofthis section: (1) Records ofthe maintenance, preventive maintenance, and alteration and records ofthe 100- hour, annual, progressive, and otherrequired or approved inspections, as appropriate, for each aircraft (including the airframe) and each engine, propeller, rotor, and appliance ofan aircraft. The records must include: (i) A description (orreference to data acceptable to the Administrator) ofthe work performed; and (ii) The date ofcompletion ofthe work performed; and (iii) The signature and certificate number ofthe person approving the aircraft for return to service.

15

### (2) Records containing the following information: (i) The total time in service ofthe airframe, each engine, each propeller, and each rotor. (ii) The current status oflife-limited parts of each airframe, engine, propeller, rotor, and appliance. (iii) The time since last overhaul ofall items installed on the aircraft which are required to be overhauled on a specified time basis. (iv) The current inspection status ofthe aircraft, including the time since the last inspection required by the inspectionprogram under whichthe aircraft and its appliances are maintained. (v) The current status ofapplicable airworthiness directives (AD) and safety directives including, for each, the method ofcompliance, the AD or safety directive number and revision date. If the AD or safety directive involves recurring action, the time and date when the next action is required. (vi) Copies ofthe forms prescribed by§ 43.9(d) ofthis chapter for each major alterationto the airframe and currently installed engines, rotors, propellers, and appliances. (b) The owner or operator shall retain the following records for the periods prescribed: (1) 

### The records specified inparagraph (a)(l) ofthis section shall be retained until the work is repeated or superseded by other work or for 1year after the work is performed. (2) The records specified in paragraph (a)(2) ofthis section shall be retained and transferred with the aircraft at the time the aircraft is sold. (3) A list ofdefects furnished to a registered owner or operator under§ 43.11 ofthis chapter shall be retained until the defects are repaired and the aircraft is approved for return to service.

16

### C. The Extent ofReliefIdaho Power Company Seeks and the Reason Idaho Power Company Seeks ReliefFrom Specific Parts oftheFederalAviation Regulations 1. Extent ofreliefIPC seeks and the reason IPC seeks relieffrom Part 21, SubpartH: Airworthiness Certificates, §§ 21.173 and 21.175(a) and (b)

- 

### Airworthiness Certificates. Part 21 establishesprocedural requirements for certifications under Section 44704, including airworthy certificates. Both Sections 333 and 44701(b) authorize the Administration to exempt aircraft from airworthiness certification under this Partbased upon consideration ofits size, weight, speed, operational capability, and proximityto airports and populated areas. See Section 333. An exemption from the certificate ofairworthiness requirement is reasonable here given that the sUAS IPC intends to use is not ofa type that is typically certificated (e.g., normal, utility, acrobatic, commuter, ortransport category). In addition, the sUAS does not fit the criteria for craft that are typically granted a special airworthiness certificate (e.g., light-sport, experimental, etc.). Therefore, IPC seeks relieffrom this requirement. 

### 2. Extent ofreliefIPC seeks and the reason IPC seeks relieffrom § 45.23(a) and (b)

- Display ofMarks. Because the size ofthe sUAS IPC proposes to use is small and does not have a conventional fuselage, cabin, cockpit, ormain aircraft body on which the required marking could be displayed, IPC seeks relieffrom Section 45.23, subsections (a) and (b). 

### 3. Extent ofreliefIPC seeks and the reason IPC seeks relieffrom 

### § 45.27(a)- Location ofMarks. As discussed in item 2 above, the size ofthe sUAS IPC proposes to use is small and does not have a conventional fuselage, cabin, cockpit, ormain aircraftbody on whichthe required marking could be displayed. Therefore, IPC seeks relieffrom Section 45.27(a).

17

### 4. Extent ofreliefIPC seeks and the reason IPC seeks relieffrom 

### § 45.29(a), (b)(3), (c), (d), (e), and (f)- 

### Size ofMarks. As discussed in items 2 and 3 above, the size ofthe sUAS IPC proposes to use is small and does not have a conventional fuselage, cabin, cockpit, ormain aircraft body on whichthe required marking couldbe displayed. The sUAS does not have enough surface areato comply withthe intent ofSection45.29(a), (b)(3), (c), (d), (e), or (f). Therefore, IPC seeks relieffrom this section. 

### 5. Extent ofreliefIPC seeks and the reason IPC seeks relieffrom 

### § 61.113(a) and (b)- Private Pilot Privileges and Limitations. The sUAS IPC intends to use will be used for incidental purposes ofbusiness or employment, namely environmental resource monitoring projects as part ofIPC's efforts to complywiththe ESA andto support hydro-facility relicensingrequired by FERC. Because the sUAS cannot carry passengers orproperty, butwill be operated in accordance with FAA Order 8900.227, paragraph 16(c)(2)(c), IPC seeks relieffrom Section 61.113(a) and (b). 

### 6. Extent ofreliefIPC seeks andthe reason IPC seeks relieffrom 

### § 61.133(a)- CommercialPilot Privileges and Limitations. Section 61.133 describes the privileges associated withholding a commercial pilot certificate. The sUAS IPC intends to use will be used for incidental purposes ofbusiness or employment, namely environmental resource monitoringprojects as part ofiPC's efforts to complywiththe ESA and to support hydro-facility relicensingrequired byFERC. Because the sUAS cannot carrypassengers orproperty, and will be operated in accordance withFAA Order 8900.227, paragraph 16(c)(2)(c), IPC seeks relieffrom Section 61.133(a). 

### 7. Extent ofreliefiPC seeks and the reason IPC seeks relieffrom 

### § 91.7(a)- CivilAircraftAirworthiness. IPC seeks relieffrom Section 91.7(a) to the extent required to allow IPC operators to determine that IPC's intended sUAS is in an airworthy conditionpriorto every flight. 18Airworthiness will be determined by complying with IPC operating manual 

### (see Exhibit 1 ), and by complying with a pre-flight and post-flight checklist for each flight, attached hereto as Exhibits 2 and 3, respectively, including before first flight and after major maintenance or upgrades. Therefore, IPC seeks relieffrom this requirement. 

### 8. Extent ofreliefIPC seeks and the reason IPC seeks relieffrom 

### § 91.9(a), (b), and (c)- Civil Flight Manual, Markings and Placard. IPC seeks exemption from Section 91.9(a), (b) and (c) which refer to maintaining the presence offlight manuals, specificplacards, and specific markings on and onboard aircraft. The intent ofthese requirements is to ensure that the aircraft is in an airworthy condition, that flight manuals are available to the aircrew while operating the aircraft, and that aircraft may be readily identified. Because ofthe size and configuration ofthe sUAS IPC will use, it is not possible to carry such a flight manual onthe sUAS. Therefore, IPC seeks relieffrom this requirement. 

### 9. Extent ofreliefIPC seeks and the reason IPC seeks relieffrom 

### § 91.109(a)- Flight Instruction. IPC seeks exemption from Section 91.109 concerning dual flight controls used during flight instruction. Flight control for the sUAS IPC intends to use for operations is accomplished through direct control from a standard hand-held 2.4 GHz radio controltransmitter, preprogrammed semi-autonomous auto pilot, or a lap top computer ground control station. None of these components offers a simultaneous second set of

_ controls. Therefore, IPC seeks relieffrom this requirement. 

### 10. Extent ofreliefIPC seeks and the reason IPC seeks relieffrom 

### § 91.119 -Minimum Safe Altitudes. Section 91.119, concerning minimum safe altitudes, generally requires that a minimum safe altitude should be 500 feet above the ground surface, or no closerthan 500 feet to personnel, vessels, vehicles, or structures. This section allows for a helicopter to operate at less thanthose

19minimum altitudes under certain conditions. Because IPC intends to operate a sUAS at elevations less than400 feet AGL, relieffrom this regulation is requested. 

### 11. Extent ofreliefIPC seeks and the reason IPC seeks relieffrom 

### § 91.121 -Altimeter Settings. Section 91.121 requires that manned aircraft maintain safe altitudes by referencing an altimeter setting available within 100 nautical miles ofthe aircraft. The sUAS IPC intends to use will be flown within visual sight ofthe pilot in command ("PIC") and visual observer ("VO"), and will be operatedbelow 400 feet AGL. Therefore, it will not be necessary to maintain hemispherical cruising altitudes in orderto de-conflict with other aircraft. Therefore, IPC seeks relieffrom this requirement. 

### 12. Extent ofreliefIPC seeks and the reason IPC seeks relieffrom 

### § 91.151(b)- Fuel Requirements. Section 91.151(b) provides that no personmay begin a flight in an airplane under dayVFRconditions unless there is enough fuel to fly to the first point ofintended landing and to fly after that for at least 30 minutes. The purpose ofthis sectionis to provide a reserve ofenergy as

a safetybuffer for go-arounds and other landing delays. The sUAS IPC intends to use is battery operated and the maximum duration offlight from a full battery charge is approximately 20 minutes. IPC's intended operations generally require less than 10 minutes offlight time (50% of available flight time), leaving an additional 10 minutes ofreserve energy to correct or alleviate unforeseen developments. Therefore, IPC seeks relieffrom this requirement. 

### 13. Extent ofreliefIPC seeks and the reason IPC seeks relieffrom 

### § 91.203 - Display ofCivil Aircraft Certifications. The sUAS that IPC intends to use will nothave a traditional airworthiness certificate. In addition, the sUAS does nothave a cabin or cockpit entrance, will not carry a pilot, crew or passengers, does nothave a fuel tank, and will not be operating out ofan airport. Itwould notbe

20practicable to carry or display registration documents onthe sUAS. Accordingly, relieffrom Section 91.203 is warranted. 

### 14. Extent ofreliefiPC seeks and the reason IPC seeks relieffrom 

### §§ 91.405(a), 91.407(a)(l), 91.409(a), and 91.417(a) and (b)- Required Maintenance. These sections set forth requirements for repairs and maintenance ofaircraft, specifically aircraft inspections, approvals by authorized personnel, and record keeping. IPC requests relief from these requirements because they apply only to aircraft with an airworthiness certificate, not to IPC'sproposed operation ofsUAS, and IPC's sUAS will be maintained bythe operator pursuantto the manufacturer's specifications, or, when necessary, bythe manufacturer. 

### D. GrantingIdaho Power Company's RequestWould Be In The Public Interest and Would BenefitthePublic as a Whole Granting IPC's petition will provide significant benefits to the public, the environment, IPC, and its employees and customers by allowing IPC to safely, efficiently, and economically perform aerial acquisition ofdata for research and monitoring ofenvironmental resources, in support ofhydro-facility relicensing required by FERC and ofthe Endangered Species Act. The

use ofsUAS would decrease congestion ofthe national airspace, reduce pollution, and provide benefits to the economy. These benefits will be realized without privacy implications. 

### 1. Public Benefitfrom theAerialAcquisition ofData. The commercial use ofsUAS for acquiring aerial data for research and monitoring of natural resources- including salmon spawning surveys along the Hells CanyonReach ofthe Snake River- will be ofsignificant benefit to the public. This data supports critical needs under the Endangered Species Act and FERC hydro relicensing associated with the continued operation ofprivate hydroelectric facilities, such as those owned and operated by IPC. FERC relicensing requirements for hydro-facilities generally ensure the stewardship responsibilities ofprivate



### 21entities that benefit from the use ofpublic natural resources. Traditional methods for acquiring this data include using manned aircraft at higher elevations, resulting in lower resolution ofdata, and personnel onthe ground, whichreduces the ability to cover large areas efficiently. Using sUAS for data acquisition allows for imagery collection at much lower altitudes than manned aircraft, which provides an overall increase inthe resolution ofcritical data. It also allows for

more precise control ofthe data collection, and the ability to review data quickly to ensure that the proper information is being accessed. Moreover, using sUAS provides a perspective that cannot be achieved byuse ofeither traditional manned aircraft orpersonnel onthe ground. Finally, the use ofsUAS also provides for opportunity to interact with several federal, state, tribal, and otherpublic and private entities on cooperative projects. 

### 2. Public Benefit from Decreased Congestion ofthe NAS. The sUAS IPC intends to use is small, lightweight, and operates on batterypower. Itis safer and more efficient and economical than manned aircraft, such as helicopters, traditionally used to obtain aerial imagery. An exemption would reduce the amount ofmanned aircraft in the NAS, reduce noise and air pollution, and increase the safety for people and property in the air and onthe ground. An exemption would also help alleviate congestion around local airports, caused by arriving, loitering, and departing aircraft. A reduction ofmanned aircraft conducting aerial missions would also result in a reduced management load handled by air traffic control during ground, takeoff, departure, arrival, loitering, and landingphases offlight operations. 

### 3. Public Benefit with Respect to Safety. Conducting aerial data acquisition with a sUAS, instead oftraditional manned aircraft, would greatly benefit the public by reducing or eliminating several safety risks. Because the sUAS IPC intends to use is small, lightweight, and operates onelectric battery power, it would eliminate air pollution, and significantly reduce noise pollution generated by traditional aerial 

### 22survey flight operations. The sUAS is an environmentally conscious alternative to large, traditionally used manned aircraft (fixed wing orrotorcraft) that burn fossil fuel. The use ofsUAS for IPC's environmental resources monitoring programs, including salmon spawning surveys along the Snake River, substantiallyreduces or eliminates risk to safety and life ofpersonnel. Even when operatedunder strict safety guidelines, traditional manned aircraft, both fixed-wing and rotor craft, can and do fail during natural resource monitoringprojects similarto IPC's, oftenresulting in severe personal injury, or death to personnel involved inthe operations. (See, e.g., NTSB Reports SEA99FA013, WPR10FA440, and SEA01FA100.) A recent helicopter crash in Idaho during a natural resource monitoring mission caused IPC to seriously reviewits monitoring operations, and to explore newtechnologies that would reduce or eliminate risks to personnel and property. See NTSB report WPR10FA440. The purpose ofthat flight was to conduct salmon spawning surveys similarto IPC's program. The crash occurred onthe Clearwater River innorthern Idaho, nearthe site ofiPC's monitoring program. The accident killed everyone onboard

- two biologists and the pilot. It also completely destroyed the helicopter and damagedproperty onthe ground (see Figure 1). IPC believes that use ofsUAS in IPC's environmental resource monitoring program will prevent these types ofdeadly accidents. Time is ofthe essence because IPC is scheduledto conduct its nextmonitoring project in September and October 2015, when the salmon spawning season begins.Figure 1. Photograph shows the helicopter crash site where two Idaho Fish and Game biologists andtheir pilot were killed during a salmon spawning survey, near Kamiah, Idaho, August 2010 due to an apparent mechanical malfunction (Photo from Kyle Mills, Lewiston

23

## . .

Tribune), see htto://missoulian.com/news/state-and-regional/k:illed-when-fish-and-gamehelicopter-crashes-in-kamiah-idaho/article fed8a14e-b54c-lldf-bfla-001cc4c002e0.html.

Because the sUAS IPC would use for its surveys carries no pilot, crew, orpassengers, these types ofsafetyrisks would be completely eliminated. In addition, because the sUAS is lightweight (< 5.0 pounds with camerapayload), and carries no fuel, ifan accident ever were to occur, there is a significantly lowerrisk ofcollateral damage to personnel orproperty onthe ground or inthe air as comparedto manned aircraft that typically conduct aerial data acquisition. 

### 4. Public Benefitwith Respect to Economy. In addition to being safe and efficient, the sUAS is also aneconomical alternative to using manned aircraft to collect natural resources monitoring data. Byreducing the cost of operations, IPC can remain competitive andprofitable, and canreduce costs to its customers.

24

### 5. Privacy Issues. sUAS would take the place ofmanned aircraft that, for decades, have flown similar environmental research and monitoring missions. Just as the manned aircraft operations pose no privacy issues, so too the sUAS carries little risk ofany invasion ofprivacy. IPC's operations will occur over remote, unpopulated areas along the Snake River in Idaho, as well as over IPC's private property, or otherprivate property with the owner's explicitpermission. Figure 2 shows the general area where the IPC salmon spawning surveys take place, and Figures 3, 4, and 5 showtypical, isolated wilderness terrain inthe area where IPC's surveys occur. 

### 6. Integration ofsUAS With National Airspace. 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 inefficient and safe environmental research and monitoring, and IPC has proposed using sUAS to further this public interest in a way that is at least as safe as operation ofaircraft under existing regulations. IPC's request therefore provides the Administration an appropriate vehicle to further Congress' mandate to expedite integration of sUAS. In addition, IPC's operational experience resulting from the use ofsUAS in these operations may be valuable to the Administration in developing comprehensive rules governing sUAS for the electric and other industries involved innatural resource monitoring projects.

25Figure 2. General map ofthe lower Snake River, showing the regional area where the IPC salmon spawning surveys occur (enclosed in the red polygon), and the isolation from populated areas. This area ofthe Snake River flows largely through a wilderness area (Hells Canyon Recreation Area; Wallowa-Whitman National Forest), and is bordered onthe east by Idaho, on the northwest by Washington, and onthe southwest by Oregon.

26Figure 3. View, facing upstream, ofthe Bernard Creekto Saddle Creek salmon spawning

area onthe Snake River (near river mile 236), demonstrates the isolation and ruggedness ofthe terrain associated with the Hells Canyon Reach ofthe Snake River.

Figure 4. View, facing downstream, ofthe Imnaha River to Eureka Bar salmon spawning

area on the Snake River (nearriver mile 191), demonstrates the isolation and ruggedness ofthe terrain associated withthe Hells Canyon Reach ofthe Snake River.

27Figure 5. View, facing downstream, ofthe Buffalo Island salmon spawning area on the Snake River (near river mile 161), demonstrates the isolation andruggedness ofthe terrain associated with the Hells Canyon Reach ofthe Snake River.

E. The Reasons Why Granting the Exemptions Would Not Adversely Affect Safety, or How the Exemptions Would Provide a Level ofSafety at Least Equal to thatProvided by the Existing Rule. 1. Part21, Subpart H: §§ 21.173 and 21.175(a) and (b) -Airworthiness Certificates. The sUAS that IPC intends to use cannot carry a pilot, passengers or property for hire, does not carry flammable fuel, and will be flown only under strict operational requirements. Combined with the fact that the sUAS weighs less than five pounds and is constructed from lightweight materials, the' sUAS and its operations will be as safe as or safer than a conventionally certificated manned aircraft performing similar missions. 2. Section 45.23(a) and (b)- Marking Requirements. IPC proposes to achieve an equivalent level ofsafety byincluding the word "EXPERIMENTAL" on the sUAS propeller booms, where individuals in the vicinity ofthe 

### 28sUAS, while it is preparing for launch, will be able to see the designation. Additionally, the permanent placard discussed for item 13 belowwill provide sUAS registration information should it be found onthe ground, ifit were ever lost. Finally, IPC will display at the ground station a high contrastflag orbannerthat contains the words "Unmanned Aircraft Ground Station" in letters three inches high or greater. Because the sUAS will operate within one-half nautical mile ofthe ground station, the banner should be visible to anyone who observes the sUAS and chooses to investigate its point oforigin. 

### 3. Section 45.27(a)- Location ofMarks. As discussed in item 2 above, IPC proposes to achieve an equivalent level ofsafety by includingthe word "EXPERIMENTAL" on the sUAS propellerbooms, where individuals inthe vicinity ofthe sUAS, while it is preparing for launch, will be able to see the designation. Additionally, the permanent placard discussed for item 13 belowwill provide sUAS registration

/ information should itbe found onthe ground, ifit were ever lost. Finally, IPC will display at the ground station a high contrast flag or bannerthat contains the words "UnmannedAircraft Ground Station" in letters three inches high or greater. Because the sUAS will operate within one-halfnautical mile ofthe ground station, the banner should be visible to anyone who observes the sUAS and chooses to investigate its point oforigin. 

### 4. Section 45.29(a), (b)(3), (c), 

### (d), (e), 

### and (f)- Size 

### ofMarks. As discussed in items 2 and 3 above, IPC will achieve an equivalentlevel ofsafetyby includingthe word "EXPERIMENTAL" on the sUAS propeller booms, where individuals inthe vicinity ofthe sUAS, while it is preparing for launch, will be able to see the designation. Additionally, the permanentplacard discussed for item 13 below will provide sUAS registration information should it be found onthe ground, ifit were ever lost. Finally, IPC will display at the ground station a high contrast flag orbanner that contains the words "UnmannedAircraft 

### 29Ground Station" inletters three inches high or greater. Because the sUAS will operate within one-halfnautical mile ofthe ground station, the banner shouldbe visible to anyone who observes the sUAS and chooses to investigate its point oforigin. 

### 5. Section 61.113(a) and (b)- Private Pilot Privileges and Limitations. By following certainrequirements, an equivalent orhigher level ofsafety can be maintained throughout all sUAS flight operations. Specifically, the sUAS will be operated in the field with both a pilot in command ("PIC") and a ground-based visual observer ("VO") in accordance withFAAPolicyN 8900.227 Section 14 "Operational Requirements for UAS," with the following restrictions: (a) All operations will occur in Class G airspace at no more than 400 feet AGL. This provides safe separation betweenthe sUAS and manned aircraft; (b) Operations will occur overproperty owned or controlled by IPC, over private property withthe permission ofthe land owner, or over sparsely populated orunpopulated areas. This provides an order ofsafety and privacy from unwarranted surveillance ofnon-participating individuals; (c) Operations over unpopulated portions ofpublic lands (e.g., public forests, national recreation areas, etc.) will occur with permission ofthe respective administrative agency (e.g., U.S. Forest Service, Bureau ofLand Management, etc.) This provides a level ofsecurity to operations; (d) Whennecessary, all required permits will be obtained from federal, state, and local governmentpriorto operation. This provides a level ofsecurity to operations; (e) The sUAS will notbe operated over urban orpopulated areas. This provides for safety, security, andprivacy ofindividuals, and separation from manned aircraft; (f) The sUAS will notbe operated at air shows or over an open-air assembly ofpeople. This provides a level ofsafety, security, and privacy of individuals, and separation from manned aircraft; (g) The sUAS will not be operated overheavily traffickedroads. This provides a level ofsafety, security, and privacy for individuals, and separation from manned aircraft;

30(h) The sUAS will notbe operated within five nautical miles ofan airport or heliport with active ATC. This provides a level ofsecurity and safety with reference to separation from manned aircraft; (i) Operations will be limited to daytime, visual meteorological conditions. This provides for overall safe operations and enhances the ability to maintain separation from manned aircraft; G) The sUAS will remain within Visual Line ofSight, at no greater than onehalfnautical mile ofthe PIC at all times. This provides for overall safe operations, and enhances the ability to maintain separation from manned aircraft; (k) While the sUAS is airborne, aVO will be positioned within normal voice distance to the PIC. This provides for overall safe operations, and enhances the ability to maintain separation from manned aircraft; (1) The PIC will file a notice to airmen ("NOTAM") providing radial/DME, radius, and a date/time group for each operation. This provides for overall safe operations, and enhances the ability to maintain separation with manned aircraft. In addition, personnel who may act as PIC, operators, or VO will meet the requirements outlined in FAA Policy N 8900.227, Section 16 "Personnel Qualifications." These individuals will be required to successfully complete a FAA-recognized private pilot ground instruction and pass the FAA Private Pilot written examination. Therefore, operators will receive instruction in basic aeronautics, navigation, meteorology, and aviation regulations before conducting sUAS operations. This measure aligns with the rule proposed inAdministration's Notice ofProposed Rulemaking,4 as a minimumrequirement for commercial operators ofunmanned aircraft that weigh less than 55 pounds. Personnel who may act as PIC, operators, orVO will be required to complete tenhours of computer-based flight simulation (using the radio transmitter that controls the actual sUAS), and

4 Operation and Certification ofSmall Unmanned Aircraft Systems, 80 Fed. Reg. 9544 (Feb. 23, 2015). 31tentraining flight hours (or 60 flights) onthe sUAS intended for use. These training exercises will occur before commencing actual field operations. In other Section 333 exemptions the FAA has granted recently, the FAAhas required a current commercial orprivate pilot certificate for the express purpose ofsatisfying security screening ofoperators. In lieu ofobtaining commercial orprivate pilot certifications, and in order to fulfill Administration recommendations ofcomplying with Department ofHomeland Security ("DHS") security screenings, IPC requests that its operators undergo a security screening ofequivalent level. IPC notes thatthe Administrationhas found that similarrequirements provided an equivalent orbetter level ofsafety for operation ofsUAS for operations permittedpursuantto public COAs. Additionally, the sUAS (MikroKopter- hexa) that IPC proposes to use has a high degree ofpre-programmed safety control. Three levels ofsafety are pre-programmed into the sUAS and activated inthe event ofa loss ofcontrollinlc First, each sUAS has four active radio receivers. Ifone fails, resulting in the loss oflinkto the on-ground radio transmitter, any ofthe remaining three radio receivers will immediatelypick up the control signal. Second, ifall four radio receivers fail, and ifthe sUAS has GPS signal, it will immediately cease movement and hover in place at elevation for a pre-programmed amount oftime. Ifcontrol is not re-established during that time, the sUAS will then automatically return to its point oflaunch and initiate another preset hovering period. Ifcontrol is not re-established during the home-point hoverperiod, the sUAS will then automatically reduce power and return to the ground. Third, ifall radio receivers fail, and ifthe sUAS does not have GPS signal, upon loss ofcontrol, the sUAS will immediately

cease movement and initiate a pre-programmedhover period, at elevation. Ifcontrol has not

32been re-established bythe end ofthe pre-set hover period, the sUAS will then reduce power and return to the ground. 

### 6. Section 61.133(a) - Commercial Pilot Privileges and Limitations. As discussed in item 5 above, by following certainrequirements, an equivalent orhigher level ofsafety canbe maintained throughout all sUAS flight operations. Specifically, the sUAS will be operated in the field with both a PIC and a ground-based VO in accordance with FAA PolicyN 8900.227 Section 14 "Operational Requirements for UAS," withthe restrictions noted in item 5 above. Personnel who may act as PIC, operators, or VO will meet the requirements outlined in FAA PolicyN 8900.227 Section 16 "Personnel Qualifications." These individuals will be required to successfully complete a FAA-recognized private pilot ground instruction and pass the FAAPrivate Pilot written examination. Therefore, operators will receive instruction inbasic aeronautics, navigation, meteorology, and aviation regulations prior to conducting sUAS operations. Finally, based on the Administration's recentNotice ofProposed Rulemaking on sUAS, it appears to be the aim ofthe Administration to develop a new classification ofairman specifically for the sUAS operations that would require operator training and certification identical to that which IPC proposes. Personnel who ma:r act as PIC, operators, or VO will be required to completetraining as noted in item number 5 above. In other Section 333 exemptions the FAAhas granted recently, the FAA has required a current commercial orprivate pilot certificate for the express purpose ofsatisfying security screening ofoperators. In lieu ofobtaining commercial orprivate pilot certifications, and in order to fulfill FAArecommendations to comply with DHS security screenings, IPC requests that its operators undergo a security screening ofequivalent level. 33IPC notes that the Administrationhas found that similarrequirements provided an equivalent orbetter level ofsafety for operation ofsUAS for cases ofoperations permitted pursuantto public COAs. 

### 7. Section 91.7(a)- Civil Aircraft Airworthiness. An exemptionto this section will not affect the level ofsafety intended by the Administration. An equivalent level ofsafety will be providedbecause sUAS operating manuals and pre- and post-flight checklists will bepresent at the ground station and followed bythe operators. This will ensure an airworthy condition. 

### 8. Section 91.9(a), (b) and (c)- Civil Flight Manual, Markings, and Placard. Withrespectto airworthy condition, see discussion initem 7 above. Withrespect to markings and placards, see items 2, 3, and 4 above. With respect to having flight manuals onboard the aircraft, giventhe small size and configuration ofthe sUAS, the lack ofa cockpit, and the fact that no persons will be aboard the sUAS, itis unnecessary andnotpossible to carry the documents required by this section. To obtain an equivalent level ofsafety and meetthe intent ofSection 91.9, IPC will make a current, approved sUAS operating manual 

### (see Exhibit 1) available to the operator at the ground station anytime the sUAS is being prepared for flight, or is in flight, so that the operator has immediate

access to the manual. The Administrationhas previously issued exemptions to this regulation: 

### See, e.g., Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 32827, and 10700. 

### 9. Section 91.109- Flight Instruction. An equivalent level ofsafety canbe assured with instructionprovided through a training program. During training flights the instructor andtrainee will be situated side by side, andthe

34control transmitter can be readily passed between the instructor and trainee. In addition, the sUAS will not carry a pilot orpassengers. The size and speed ofthe sUAS, and its safety features limiting the potential for operation outside the operating conditions set forth inthis Petitionprovide an equivalent level ofsafety. The FAA has approved exemptions for flight training without fully functional dual controls for a number ofaircraft and for flight instruction in experimental aircraft. See Exemption Nos. 5778K and 9862A. 

### 10. Section 91.119- Minimum Safe Altitudes. To provide an equivalent level ofsafety, flights will only occur over sparsely populated

orun-populated areas, private property owned by IPC, or with the permission ofthe private property owners. Ifflown over private property not owned by IPC, and ifbystanders are present, those individuals will be notified about the expected flight route and the associated risks to persons and property on the ground. Because ofthe small size, light weight, and speed ofthe sUAS, the risk to people, vessels, vehicles, and structures is substantially lower than that of manned aircraft operating at or below 500 AGL. The sUAS will not be operated over congested

areas or over any open air assembly ofpeople. The sUAS does not carry flammable fuel. The sUAS will be operated at an altitude allowing, ifa powerunit fails, an emergency landing without undue risk to people or property onthe ground. The low altitude flight ofiPC's sUAS operations will ensure separationbetween IPC's sUAS operations and the normal operations of conventional manned aircraft, which generally operate above 500 feet AGL. 

### 11. Section 91.121 -AltimeterSettings. An appropriate altimeter measurementpresented to the sUAS operator/pilot should be above ground level based on the local barometric pressure at the point oflaunch. To provide an equivalent level ofsafety, the sUAS altimeter will be set to zero on the ground prior to each and every flight. Since the sUAS can fly no more than 20 minutes and is intended to remain within 

### 35the visual line ofsight ofthe operator(s), evenrapid changes inbarometric pressure will have limited effect onthe safety ofthe flight. 

### 12. Section 91.151(b)- Fuel Requirements. Since IPC's operations generally require less than ten minutes and the sUAS will not be flown more than one-halfnautical mile from the point oflaunch and intended landing, a full battery charge at launch will ensure thatthe intent ofthe reserve energy requirement ofthis section is met. IPC believes thatrelieffrom this section of 14 C.F.R. is safe and withinthe scope ofexemptions to other applicants previously granted. 

### 13. Section 91.203 -Display ofCivil Aircraft Certifications. In orderto meet or exceed an equivalent level ofsafety, IPC proposes to affix a placard to the sUAS thatprovides the following information: (a) Manufacturer; (b) SerialNumber (or IPC Property Number); (c) IPC Contact Information. In addition, registration documents will be kept onthe ground at the control pointwhere the operator will have immediate access to them. 

### 14. Sections 91.405(a), 91.407(a)(1), 91.409(a), and 91.417(a) and (b) inclusive - Required Maintenance. IPC plans to have the PIC perform maintenance and inspection ofthe sUAS and be authorized to approve the sUAS for returnto service. As provided inthe attached sUAS operating manual (see Exhibit 1), the PIC will ensure thatthe sUAS is in an airworthy condition prior to flight and conduct detailed inspections after everytenhours ofoperation. Maintenance performed bythe PIC will be limitedto replacing rotor booms, replacing propellers, motors and wires, repairing and replacing the cameramount/gimbal, repairing and replacing landing struts,



### 36and updating software and firmware. All othermaintenance will be performed bythe manufacturer. The PIC will document workperformed. IPC is confidentthat, because ofthe small size, construction, and simplicity ofthe sUAS, and lack offlammable fuel, the PIC can

ensure an equivalent level ofsafety. In granting exemptions from these sections to other applicants, the Administration has found an equivalent level ofsafety compared to manned aircraft. 

### See, e.g., ExemptionNos. 11109, 11136, and 11138. 

### F. Summary Suitable for Publication in the Federal Register. IPC petitions the Federal Aviation Administration for relieffrom compliance with 14 C.F.R. Part 21 Subpart H;14 C.F.R. Part 27; 14 C.F.R. §§ 45.23(a) and (b); 45.27(a); 45.29(a), (b)(3), (c), (d), (e) and (f); 61.113 (a) and (b); 61.133(a); 91.7(a); 91.9(a), (b) and (c); 91.109(a); 91.119; 91.121; 91.151(b); 91.203; 91.405(a); 91.407(a)(l); 91.409(a); 91.417(a) and (b) for purposes ofoperating small unmanned aircraft weighing less than five pounds onproperty that is owned or controlled by IPC, overprivate property withpermission ofthe landowner, and/or over sparselypopulated orunpopulated areas. IPC proposes that its operation be subjectto the operating conditions and safety standards set forth inthe Petition inlieu ofthe above-referenced regulations in order to provide a level ofsafety equivalentto those regulations. 

### G. Additional Information. In support ofits Petition, IPC includes, for the Administration's review and consideration, the operating manual for the sUAS IPC plans to use for its natural resource, research, and monitoring, MikroKopter Pilots Operating Manual, translated from German (attached as Exhibit 1), the Checklist for Use Priorto First Flight, and After Major Maintenance Upgrades (attached as Exhibit 2), and MikroKopter Pre-Flight Checklist and MikroKopterPostFlight Checklist (attached as Exhibit 3).

37

### IV. CONCLUSION Forthe reasons set forth above, IPC satisfies the relevant criteria for approval under Section 333 ofthe Reform Act and exemptions from referenced regulations pursuant to 49 U.S.C. 

### § 44701 (f). Accordingly, IPC respectfully requests that the Administration grant the reliefrequested in this Petitionto allow IPC to use 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 ofUAS into the national airspace system, but will also further the significantpublic interest in the safe and reliable research and monitoring ofnatural resources. March 23, 2015

IDAHO POWER COMPANY Phillip A. Groves Nathan Gardiner, Esq. 1221 West Idaho Street Boise, Idaho 83702 Tel: (208) 388-2597 Applicant Respectfully submitted,

Constance M. Pendlet n Davis Wright Tremaine LLP 1919 Pennsylvania Ave, NW Suite 800 Washington, DC 20006-3401 Tel: (202) 973-4229 Fax: (202) 973-4499 Email: conniependleton@dwt.com Attorneys for Idaho Power Company

38