UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

WASHINGTON, D.C. 

IDAHO POWER COMPANY'S PETITION FOR EXEMPTION 

PURSUANT TO SECTION 333 OF 

THE FAA MODERNIZATION AND REFORM ACT OF 2012 

(PUBLIC LAW 112-95, 126 STAT 11) 

IDAHO POWER COMPANY 

Phillip A. Groves 

Nathan Gardiner, Esq. 

1221 West Idaho Street 

Boise, Idaho 83 702 

Tel: (208) 388-2597 

Applicant 

Submitted on March 23, 2015 

DAVIS WRIGHT TREMAINE LLP 

Constance M. Pendleton, Esq. 

1919 Pennsylvania Avenue, 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 FOR PETITION ...................................................................................................... 6 

A. Name and Address of the 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 Relief From Specific Parts of the Federal Aviation 

Regulations ............................................................................................................ 1 7 

D. Granting Idaho Power Company's Request Would Be In The Public Interest 

and Would Benefit the Public as a Whole ............................................................. 21 

E. The Reasons Why Granting the Exemptions Would Not Adversely Affect 

Safety, or How the Exemptions Would Provide a Level of Safety at Least 

Equal to that Provided by the Existing Rule .......................................................... 28 

F. Summary Suitable for Publication in the 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 of Authorization 

("COA'') to use a MikroKopter sUAS over sparsely populated and unpopulated areas in Idaho 

for low altitude environmental research and resource monitoring, including monitoring of salmon 

spawning activity in the Snake River as part ofiPC's efforts to comply with the Environmental 

Species Act ("ESA") and to support hydro-facility relicensing required by the Federal Energy 

Regulatory Commission ("FERC"). 1 

A. Applicant Idaho Power Company 

IPC, an electric utility company headquartered in Boise, Idaho, is engaged in the 

generation, transmission, distribution, sale and purchase of electric energy. Since 1916, IPC has 

provided safe, reliable, responsible, fair-priced service to its customers. In addition to providing 

energy, IPC cares for the environment. Some of IPC' s environmental work - including 

monitoring of salmon spawning activity and vegetation mapping -requires aerial surveys in 

1 As described in more detail in this 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 of marks); 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 of marks); 14 C.F.R. § 61.113(a) 

and (b) (private pilot privileges 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. 

1 
rugged, 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 in the MikroKopter Pilots Operating Manual, attached 

hereto as Exhibit 1 (translated from the original German), the MikroKopter sUAS consists of a 

lightweight hexa-rotor craft (Hexacopter), a laptop computer-based ground control system, and a 

2.4 GHz radio control transmitter commonly associated with recreational 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 out horizontally from the central 

hub. A small brushless motor and propeller blade are attached to the distal end of each arm. 

Along the bottom of the forward arm are a set ofbright red LED lights, and along two ofthe rear 

facing legs are sets of bright blue LED lights. These lights are on when the sUAS is under 

power, enhancing visibility of the sUAS for personnel on the ground. 

Directly beneath the central hub is a camera mount that can hold a payload of 

approximately 150 grams. The Hexacopter has an overall diameter of approximately 2.3 feet, 

stands about one foot high, and weighs slightly less than five pounds (with camera payload). 

The Hexacopter is battery operated and can maintain flight for approximately 20 minutes on a 

full charge. Typical cruising speed over the ground is approximately ten nautical miles per hour, 

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 Power Company's Proposed Use of sUAS 

sUAS will provide IPC a safer and more efficient means to collect low altitude, precision 

video or photogrammetry to support and enhance IPC's monitoring of environmental resource 

programs. The high-resolution data obtained by a sUAS can be used to monitor ESA-listed 

salmon spawning activity in hard-to-access or environmentally 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 of helicopters or other 

vehicles that may have more impact than 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 that resulted in the loss oflife of the pilot and biologists on board. 

sUAS would allow IPC biologists and resource managers to remotely obtain high quality data, 

while increasing the overall safety of personnel, potentially reducing or eliminating impacts to 

the environment, and reducing operation and maintenance costs. 

IPC proposes to use sUAS that weigh five or fewer pounds, operate at a speed often 

nautical miles per hour and no more than 35 nautical miles per hour, 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 of the property owner), in sparsely populated or 

unpopulated areas. IPC would operate the sUAS within the visual line of sight ofthe operator, 

during the daytime, and under controlled conditions. 

Given the sUAS's light weight, flight performance, fully qualified operators, and strict 

operation under the guidelines established in FAA Policy Order 8900.227 and outlined in this 

Petition, IPC's operations will have a level of safety equivalent to or greater than manned aircraft 

performing similar missions. The grant of this requested exemption is in the public interest 

3 
based on the clear direction in Section 333 of the 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 on the Snake River begins in October of2015. 

Accordingly, IPC respectfully requests that the Administration grant the requested exemption 

without delay. 2 

II. RELEVANT AUTHORITY 

The following laws, rules, and policy order provide 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 of the 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 authority to "determine if certain unmanned aircraft systems may operate 

safely in the national airspace system before completion of the 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 if IPC presents or the Administration finds good cause why the Administration 

should not delay action on IPC' 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 Administration has previously granted, as 

described herein. Finally, granting the Petition would set a precedent for other petitions seeking 

to use sUAS for research and monitoring of natural resources. 

4 
Section 3 3 3 (b)( 1) outlines the factors that the Administration shall use to determine 

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

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

of sight. In addition, Section 333(b )(2) provides the Administration with the discretion to 

determine that a certificate of waiver, certificate of authorization, or airworthiness certification is 

not required to 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 of the 

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 Administration has general authority to grant exemptions from its safety requirements 

and minimum standards if the Administration finds that the exemption is in the public interest. 

49 U.S.C. § 44701(f). Administration regulations 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 of relief sought and why; ( 4) the 

reasons why granting the request would be in the public interest and how it would benefit the 

public as a whole; and (5) the reasons why granting the exemption would not adversely affect 

safety, or how the exemption would provide a level of safety at least 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 current regulation of 14 C.F.R. FAA Policy Order 8900.227, 

paragraph 16, discusses s U AS pilot qualifications, and notes that, if certain conditions are met, a 

current pilot certificate is not required. 

5 
III. BASIS FOR PETITION 

A. Name and Address of the Applicant. 

The name and address of the Applicant is: 

Idaho Power Company 

1221 West Idaho Street 

Boise, Idaho 83702 

The point of contact for this Petition, and specific contact information is: 

Constance M. Pendleton, Esq. 

Davis Wright Tremaine LLP 

1919 Pennsylvania Ave, 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. From Which Idaho Power Company Seeks 

Exemption. 3 

1. IPC Seeks Exemption From the Requirements of Part 21, Subpart H: 

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 of a 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 

submitted to any FAA office. 

Section 21.175(a) and (b), entitled Airworthiness 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 proposed use, 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, or transport category, 

and for manned free balloons, and for aircraft designated by 

the FAA as special classes of aircraft. 

(b) Special airworthiness certificates are primary, restricted, 

limited, light-sport, and provisional airworthiness 

certificates, special flight permits, and experimental 

certificates. 

2. IPC Seeks Exemption From the Requirements of§ 45.23(a) and (b)-

Display of Marks. 

Section 45.23, entitled Display of marks; general, subsections (a) and (b), provides: 

(a) Each operator of an aircraft must display on that aircraft 

marks consisting of the Roman capital letter "N" (denoting 

United States registration) followed by the registration 

number of the aircraft. Each suffix letter used in the 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 on limited, restricted or 

light-sport category aircraft or experimental or 

provisionally certificated aircraft, the operator must also 

display on that aircraft near each entrance to the cabin, 

cockpit, or pilot station, in letters 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 of Marks. 

Section 45.27, entitled Location of marks; nonfixed-wing aircraft, subsection (a), 

provides: 

(a) Rotorcraft. Each operator of a rotorcraft must display on 

that rotorcraft horizontally on both surfaces of the cabin, 

fuselage, boom, or tail 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 of Marks. 

Section 45.29, entitled Size of marks (for subsections noted above), provides: 

(a) Except as provided in paragraph (f) of this section, each 

operator of an aircraft must display marks on the aircraft 

meeting the size requirements of this section. 

(b) Height. Except as provided in paragraph (h) of this part, the 

nationality and registration marks must be of equal height 

and on: 

*** 

(3) Rotorcraft, must be at least 12 inches high, except 

that rotorcraft displaying before April18, 1983, marks 

required by§ 45.29(b)(3) in effect on April17, 1983, and 

rotorcraft manufactured on or after April18, 1983, but 

before December 31, 1983, may display those 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, except the number "1 ", which must be one-sixth as 

wide as it is high, and the letters "M" and "W" which may 

be as wide as they are high. 

(d) Thickness. Characters must be formed by solid lines onesixth as thick as the character is high. 

(e) Spacing. The space between each character may not be 

less than one-fourth of the character width. 

(f) If either one of the surfaces authorized for displaying 

required marks under§ 45.25 is large enough for display of 

marks meeting the size requirements of this section and the 

other is not, full size marks must be placed on the larger 

surface. If neither surface is large enough for full size 

marks, marks as large as practicable must be displayed on 

the larger of the two surfaces. If no surface authorized to 

be marked by§ 45.27 is large enough for full-size marks, 

marks as large as practicable must be placed on the largest 

of the authorized surfaces. However, powered parachutes 

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)-

Private Pilot Privileges and Limitations. 

Section 61.113, entitled Private pilot privileges and limitations: 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 of an aircraft that is carrying 

passengers or property for compensation or hire; nor may 

that person, for compensation or hire; nor may that person, 

for compensation or hire, act as pilot in command of an 

aircraft. 

(b) A private pilot may, for compensation or hire, act as pilot 

in command of an 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 or property 

for compensation or hire. 

6. IPC Seeks Exemption From the Requirements of§ 61.133(a)-

Commercial Pilot Privileges and Limitations. 

Section 61.133, entitled Commercial pilot privileges and limitations, subsection (a), 

provides: 

(a) Privileges: 

(1) General. A person who holds a commercial pilot 

certificate may act as pilot in command in command 

of an aircraft: 

(i) Carrying persons or property for 

compensation or hire, provided the person is 

qualified in accordance with this part and 

with the applicable parts of this chapter that 

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 of this 

chapter that apply to the operation. 

9 
7. IPC Seeks Exemption From the Requirements of§ 91.7(a)- Civil 

Aircraft Ainvorthiness. 

Section 91.7, entitled Civil aircraft airworthiness, 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) 

- Civil Aircraft Flight Manual, Marking and Placard. 

Section 91.9, entitled Civil aircraft flight manual, marking, and placard requirements, 

subsections (a), (b), and (c), provides: 

(a) Except as provided in paragraph (d) of this section, no 

person may operate a civil aircraft without complying with 

the operating limitations specified in the approved Airplane 

or Rotorcraft Flight Manual, markings, and placards, or as 

otherwise prescribed by the certificating authority of the 

country of registry. 

(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 of this chapter unless there is 

available in the aircraft a current, approved Airplane 

or Rotorcraft Flight Manual or the 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 in the aircraft a current approved 

Airplane or Rotorcraft Flight Manual, approved 

manual material, markings, and placards, or any 

combination thereof. 

(c) No person may operate a U.S.-registered civil aircraft 

unless that aircraft is identified in accordance with part 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 and certain 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 of fixed, dual controls, when: 

(1) The instructor has determined that the flight can be 

conducted safely; and 

(2) The person manipulating the controls has at least a private 

pilot certificate with appropriate category and class ratings. 

10. IPC Seeks Exemption From the Requirements of§ 91.119- Minimum 

Safe Altitudes. 

Section 91.119, entitled Minimum safe altitudes: General, provides: 

Except when necessary for takeoff or landing, no person may 

operate an aircraft below the following altitudes: 

(a) Anywhere. An altitude allowing, if a power unit 

fails, an emergency landing without undue hazard to 

persons or property on the surface. 

(b) Over congested areas. Over any congested area of 

a city, town, or settlement, or over any open air 

assembly of persons, an altitude of 1,000 feet above 

the highest obstacle within a horizontal radius of 

2,000 feet of the aircraft. 

(c) Over other than congested areas. An altitude of 

500 feet above the surface, except over open water 

or sparsely populated areas. In those cases, the 

aircraft may not be operated closer than 500 feet to 

any person, vessel, vehicle, or structure. 

(d) Helicopters, powered parachutes, and weight-shiftcontrol aircraft. If the operation is conducted 

11 
without hazard to persons or property on the 

surface: 

(1) A helicopter may be operated at less than the 

minimums prescribed in paragraph (b) or (c) 

of this section, provided each person 

operating the helicopter complies with any 

routes or altitudes specifically prescribed for 

helicopters by the FAA; and 

(2) A powered parachute or weight-shift-control 

aircraft may be operated at less than the 

minimums prescribed in paragraph (c) of 

this section. 

11. IPC Seeks Exemption From the Requirements of§ 91.121 -Altimeter 

Settings. 

Section 91.121, entitled Altimeter settings, subsection (a), provides: 

(a) Each person operating an aircraft shall maintain the 

cruising altitude or flight level of that aircraft, as the case 

may be, by reference to an altimeter that is set, when 

operating: 

(1) Below 18,000 feet MSL, to 

(i) The current reported altimeter setting of a 

station along the route and within 1 00 

nautical miles of the aircraft; 

(ii) If there is no station within the area 

prescribed in paragraph (a)(l)(i) of this 

section, the current reported altimeter setting 

of an appropriate available station; or 

(iii) In the case of an aircraft not equipped with a 

radio, the elevation of the 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 in a 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 it has within it the 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 of the applicable operations 

specifications issued under § 21.197 (c) of this 

chapter, appropriate sections of the air carrier 

manual required by parts 121 and 135 of this 

chapter containing that portion of the 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 of this chapter. However, the airWorthiness 

certificate need not have on it an assigned special 

identification number before 1 0 days after that 

number is first affixed to the aircraft. A revised 

airworthiness certificate having on it an assigned 

special identification number that has been affixed 

to an aircraft, may only be obtained upon 

application to 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 of the Aircraft registration 

Application as provided for in § 4 7.31 (c), or a 

13 
registration certification issued under the laws of a 

foreign country. 

(b) No person may operate a civil aircraft unless the 

airworthiness certificate required by paragraph (a) of this 

section or a special flight authorization issued under 

§ 91.715 is displayed at the cabin or cockpit entrance so 

that it is legible to passengers or crew. 

(c) No person may 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 of FAA 

Form 337 authorizing that installation is on board the 

aircraft. 

(d) No person may operate a civil airplane (domestic or 

foreign) into or out of an airport in the United States unless 

it complies with the fuel venting and exhaust emissions 

requirements of part 34 of this 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 of an aircraft: 

(b) 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[.] 

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, entitled Inspections, subsection (a), provides: 

(a) Except as provided in paragraph (c) of this section, no 

person may operate an aircraft unless, within the preceding 

12 calendar months, it has had: 

(1) An annual inspection in accordance with part 43 of 

this chapter and has been approved for return to 

service by a person authorized by§ 43.7 of this 

chapter; or 

(2) An inspection for the issuance of an airworthiness 

certificate in accordance with part 21 of this 

chapter. 

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

Maintenance Records. 

Section 91.417, entitled Maintenance records, subsections (a) and (b), provides: 

(a) Except for work performed in accordance with§§ 91.411 and 91.413, each 

registered owner or operator shall keep the following records for the 

periods specified in paragraph (b) of this section: 

(1) Records of the maintenance, preventive 

maintenance, and alteration and records of the 100-

hour, annual, progressive, and other required or 

approved inspections, as appropriate, for each 

aircraft (including the airframe) and each engine, 

propeller, rotor, and appliance of an aircraft. The 

records must include: 

(i) A description (or reference to data 

acceptable to the Administrator) of the work 

performed; and 

(ii) The date of completion of the work 

performed; and 

(iii) The signature and certificate number of the 

person approving the aircraft for return to service. 

15 
(2) Records containing the following information: 

(i) The total time in service of the airframe, 

each engine, each propeller, and each rotor. 

(ii) The current status of life-limited parts of 

each airframe, engine, propeller, rotor, and 

appliance. 

(iii) The time since last overhaul of all 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 inspection program under which the aircraft 

and its appliances are maintained. 

(v) The current status of applicable 

airworthiness directives (AD) and safety directives 

including, for each, the method of compliance, 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) 

of this chapter for each major alteration to 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 in paragraph (a)(l) of this 

section shall be retained until the work is repeated 

or superseded by other work or for 1 year 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 of defects furnished to a registered owner or 

operator under§ 43.11 of this chapter shall be 

retained until the defects are repaired and the 

aircraft is approved for return to service. 

16 
C. The Extent of Relief Idaho Power Company Seeks and the Reason Idaho 

Power Company Seeks Relief From Specific Parts of the Federal Aviation 

Regulations 

1. Extent of relief IPC seeks and the reason IPC seeks relief from Part 

21, Subpart H: Airworthiness Certificates, §§ 21.173 and 21.175(a) 

and (b) - Airworthiness Certificates. 

Part 21 establishes procedural requirements for certifications under Section 44 704, 

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

to exempt aircraft from airworthiness certification under this Part based upon consideration of its 

size, weight, speed, operational capability, and proximity to airports and populated areas. See 

Section 333. 

An exemption from the certificate of airworthiness requirement is reasonable here given 

that the sUAS IPC intends to use is not of a type that is typically certificated (e.g., normal, 

utility, acrobatic, commuter, or transport 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 relief from this requirement. 

2. Extent of relief IPC seeks and the reason IPC seeks relief from 

§ 45.23( a) and (b) - Display of Marks. 

Because the size of the sUAS IPC proposes to use is small and does not have a 

conventional fuselage, cabin, cockpit, or main aircraft body on which the required marking could 

be displayed, IPC seeks relief from Section 45.23, subsections (a) and (b). 

3. Extent of relief IPC seeks and the reason IPC seeks relief from 

§ 45.27(a)- Location of Marks. 

As discussed in item 2 above, the size of the sUAS IPC proposes to use is small and does 

not have a conventional fuselage, cabin, cockpit, or main aircraft body on which the required 

marking could be displayed. Therefore, IPC seeks relief from Section 45.27(a). 

17 
4. Extent of relief IPC seeks and the reason IPC seeks relief from 

§ 45.29(a), (b)(3), (c), (d), (e), and (f)- Size of Marks. 

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, or main aircraft body on which the 

required marking could be displayed. The sUAS does not have enough surface area to comply 

with the intent of Section 45.29(a), (b)(3), (c), (d), (e), or (f). Therefore, IPC seeks relief from 

this section. 

5. Extent of relief IPC seeks and the reason IPC seeks relief from 

§ 61.113(a) and (b)- Private Pilot Privileges and Limitations. 

The sUAS IPC intends to use will be used for incidental purposes of business or 

employment, namely environmental resource monitoring projects as part of IPC's efforts to 

comply with the ESA and to support hydro-facility relicensing required by FERC. Because the 

sUAS cannot carry passengers or property, but will be operated in accordance with FAA Order 

8900.227, paragraph 16(c)(2)(c), IPC seeks relief from Section 61.113(a) and (b). 

6. Extent of relief IPC seeks and the reason IPC seeks relief from 

§ 61.133(a)- Commercial Pilot Privileges and Limitations. 

Section 61.133 describes the privileges associated with holding a commercial pilot 

certificate. 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 

comply with the ESA and to support hydro-facility relicensing required by FERC. Because the 

sUAS cannot carry passengers or property, and will be operated in accordance with FAA Order 

8900.227, paragraph 16(c)(2)(c), IPC seeks relieffrom Section 61.133(a). 

7. Extent ofreliefiPC seeks and the reason IPC seeks relief from 

§ 91.7(a)- Civil Aircraft Airworthiness. 

IPC seeks relief from Section 91.7(a) to the extent required to allow IPC operators to 

determine that IPC's intended sUAS is in an airworthy condition prior to every flight. 

18 
Airworthiness 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 relief from this requirement. 

8. Extent of relief IPC seeks and the reason IPC seeks relief from 

§ 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 of flight manuals, specific placards, and specific markings on and onboard aircraft. The 

intent of these 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 of the size and configuration of the sUAS IPC will use, it is not possible to 

carry such a flight manual on the sUAS. Therefore, IPC seeks relief from this requirement. 

9. Extent of relief IPC seeks and the reason IPC seeks relief from 

§ 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 control transmitter, 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 relief from 

this requirement. 

10. Extent of relief IPC seeks and the reason IPC seeks relief from 

§ 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 closer than 500 feet to personnel, 

vessels, vehicles, or structures. This section allows for a helicopter to operate at less than those 

19 
minimum altitudes under certain conditions. Because IPC intends to operate a sUAS at 

elevations less than 400 feet AGL, relief from this regulation is requested. 

11. Extent of relief IPC seeks and the reason IPC seeks relief from 

§ 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 of the pilot in command ("PIC") and visual observer ("VO"), 

and will be operated below 400 feet AGL. Therefore, it will not be necessary to maintain 

hemispherical cruising altitudes in order to de-conflict with other aircraft. Therefore, IPC seeks 

relief from this requirement. 

12. Extent of relief IPC seeks and the reason IPC seeks relief from 

§ 91.151(b)- Fuel Requirements. 

Section 91.151 (b) provides that no person may begin a flight in an airplane under dayVFR conditions unless there is enough fuel to fly to the first point of intended landing and to fly 

after that for at least 30 minutes. The purpose of this section is to provide a reserve of energy as 

a safety buffer for go-arounds and other landing delays. The sUAS IPC intends to use is battery 

operated and the maximum duration of flight from a full battery charge is approximately 20 

minutes. IPC's intended operations generally require less than 10 minutes of flight time (50% of 

available flight time), leaving an additional 10 minutes of reserve energy to correct or alleviate 

unforeseen developments. Therefore, IPC seeks relief from this requirement. 

13. Extent of relief IPC seeks and the reason IPC seeks relief from 

§ 91.203 - Display of Civil Aircraft Certifications. 

The sUAS that IPC intends to use will not have a traditional airworthiness certificate. In 

addition, the sUAS does not have a cabin or cockpit entrance, will not carry a pilot, crew or 

passengers, does not have a fuel tank, and will not be operating out of an airport. It would not be 

20 
practicable to carry or display registration documents on the sUAS. Accordingly, relief from 

Section 91.203 is warranted. 

14. Extent ofreliefiPC seeks and the reason IPC seeks relief from 

§§ 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 of aircraft, 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's proposed operation of sUAS, and IPC's sUAS will be maintained by the operator 

pursuant to the manufacturer's specifications, or, when necessary, by the manufacturer. 

D. Granting Idaho Power Company's Request Would Be In The Public Interest 

and Would Benefit the Public 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 of data for research and monitoring of environmental resources, in 

support of hydro-facility relicensing required by FERC and ofthe Endangered Species Act. The 

use of sUAS would decrease congestion of the national airspace, reduce pollution, and provide 

benefits to the economy. These benefits will be realized without privacy implications. 

1. Public Benefit from the Aerial Acquisition of Data. 

The commercial use of sUAS for acquiring aerial data for research and monitoring of 

natural resources- including salmon spawning surveys along the Hells Canyon Reach of the 

Snake River- will be of significant benefit to the public. This data supports critical needs under 

the Endangered Species Act and FERC hydro relicensing associated with the continued operation 

of private hydroelectric facilities, such as those owned and operated by IPC. FERC relicensing 

requirements for hydro-facilities generally ensure the stewardship responsibilities of private 

21 
entities that benefit from the use of public natural resources. Traditional methods for acquiring 

this data include using manned aircraft at higher elevations, resulting in lower resolution of data, 

and personnel on the ground, which reduces 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 in the resolution of critical data. It also allows for 

more precise control of the 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 by use of either traditional manned aircraft or personnel on the ground. 

Finally, the use of sUAS also provides for opportunity to interact with several federal, state, 

tribal, and other public and private entities on cooperative projects. 

2. Public Benefit from Decreased Congestion of the NAS. 

The sUAS IPC intends to use is small, lightweight, and operates on battery power. It is 

safer and more efficient and economical than manned aircraft, such as helicopters, traditionally 

used to obtain aerial imagery. An exemption would reduce the amount of manned aircraft in the 

NAS, reduce noise and air pollution, and increase the safety for people and property in the air 

and on the ground. An exemption would also help alleviate congestion around local airports, 

caused by arriving, loitering, and departing aircraft. A reduction of manned aircraft conducting 

aerial missions would also result in a reduced management load handled by air traffic control 

during ground, takeoff, departure, arrival, loitering, and landing phases of flight operations. 

3. Public Benefit with Respect to Safety. 

Conducting aerial data acquisition with a sUAS, instead of traditional 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 on electric battery power, it would 

eliminate air pollution, and significantly reduce noise pollution generated by traditional aerial 

22 
survey flight operations. The sUAS is an environmentally conscious alternative to large, 

traditionally used manned aircraft (fixed wing or rotorcraft) that burn fossil fuel. 

The use of sUAS for IPC's environmental resources monitoring programs, including 

salmon spawning surveys along the Snake River, substantially reduces or eliminates risk to 

safety and life of personnel. Even when operated under strict safety guidelines, traditional 

manned aircraft, both fixed-wing and rotor craft, can and do fail during natural resource 

monitoring projects similar to IPC's, often resulting in severe personal injury, or death to 

personnel involved in the 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 review its monitoring operations, and to explore new technologies that would 

reduce or eliminate risks to personnel and property. See NTSB report WPR10FA440. The 

purpose of that flight was to conduct salmon spawning surveys similar to IPC' s program. The 

crash occurred on the Clearwater River in northern Idaho, near the site ofiPC's monitoring 

program. The accident killed everyone onboard - two biologists and the pilot. It also 

completely destroyed the helicopter and damaged property on the ground (see Figure 1 ). IPC 

believes that use of sUAS in IPC's environmental resource monitoring program will prevent 

these types of deadly accidents. Time is of the essence because IPC is scheduled to conduct its 

next monitoring 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 and their 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-ll df-bfl a-00 1 cc4c002e0.html. 

Because the sUAS IPC would use for its surveys carries no pilot, crew, or passengers, 

these types of safety risks would be completely eliminated. In addition, because the sUAS is 

lightweight ( < 5.0 pounds with camera payload), and carries no fuel, if an accident ever were to 

occur, there is a significantly lower risk of collateral damage to personnel or property on the 

ground or in the air as compared to manned aircraft that typically conduct aerial data acquisition. 

4. Public Benefit with Respect to Economy. 

In addition to being safe and efficient, the sUAS is also an economical alternative to 

using manned aircraft to collect natural resources monitoring data. By reducing the cost of 

operations, IPC can remain competitive and profitable, and can reduce costs to its customers. 

24 
5. Privacy Issues. 

sUAS would take the place of manned 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 of any 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 other private property with the owner's explicit permission. Figure 2 shows 

the general area where the IPC salmon spawning surveys take place, and Figures 3, 4, and 5 

show typical, isolated wilderness terrain in the area where IPC's surveys occur. 

6. Integration of sUAS 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 in efficient 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 of aircraft 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 of sUAS in these 

operations may be valuable to the Administration in developing comprehensive rules governing 

sUAS for the electric and other industries involved in natural resource monitoring projects. 

25 
Figure 2. General map of the 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 of the Snake River flows largely through a wilderness area (Hells 

Canyon Recreation Area; Wallowa-Whitman National Forest), and is bordered on the east by 

Idaho, on the northwest by Washington, and on the southwest by Oregon. 

26 
Figure 3. View, facing upstream, of the Bernard Creek to Saddle Creek salmon spawning 

area on the Snake River (near river mile 236), demonstrates the isolation and ruggedness of the 

terrain associated with the Hells Canyon Reach of the Snake River. 

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

area on the Snake River (near river mile 191), demonstrates the isolation and ruggedness ofthe 

terrain associated with the Hells Canyon Reach of the Snake River. 

27 
Figure 5. View, facing downstream, of the Buffalo Island salmon spawning area on the 

Snake River (near river mile 161), demonstrates the isolation and ruggedness of the terrain 

associated with the Hells Canyon Reach of the Snake River. 

E. The Reasons Why Granting the Exemptions Would Not Adversely Affect 

Safety, or How the Exemptions Would Provide a Level of Safety at Least 

Equal to that Provided by the Existing Rule. 

1. Part 21, 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 of safety by including the word 

"EXPERIMENTAL" on the sUAS propeller booms, where individuals in the vicinity of the 

28 
sUAS, while it is preparing for launch, will be able to see the designation. Additionally, the 

permanent placard discussed for item 13 below will provide sUAS registration information 

should it be found on the ground, if it were ever lost. Finally, IPC will display at the ground 

station a high contrast flag or banner that contains the words "Unmanned Aircraft Ground 

Station" in letters three inches high or greater. Because the sUAS will operate within one-half 

nautical mile of the ground station, the banner should be visible to anyone who observes the 

sUAS and chooses to investigate its point of origin. 

3. Section 45.27(a)- Location of Marks. 

As discussed in item 2 above, IPC proposes to achieve an equivalent level of safety by 

including the word "EXPERIMENTAL" on the sUAS propeller booms, where individuals in the 

vicinity of the sUAS, while it is preparing for launch, will be able to see the designation. 

Additionally, the permanent placard discussed for item 13 below will provide sUAS registration 

/ 

information should it be found on the ground, if it were ever lost. Finally, IPC will display at the 

ground station a high contrast flag or banner that contains the words "Unmanned Aircraft 

Ground Station" in letters three inches high or greater. Because the sUAS will operate within 

one-half nautical mile of the ground station, the banner should be visible to anyone who observes 

the sUAS and chooses to investigate its point of origin. 

4. Section 45.29(a), (b)(3), (c), (d), (e), and (f)- Size of Marks. 

As discussed in items 2 and 3 above, IPC will achieve an equivalent level of safety by 

including the word "EXPERIMENTAL" on the sUAS propeller booms, where individuals in the 

vicinity ofthe sUAS, while it is preparing for launch, will be able to see the designation. 

Additionally, the permanent placard discussed for item 13 below will provide sUAS registration 

information should it be found on the ground, if it were ever lost. Finally, IPC will display at the 

ground station a high contrast flag or banner that contains the words "Unmanned Aircraft 

29 
Ground Station" in letters three inches high or greater. Because the sUAS will operate within 

one-half nautical mile of the ground station, the banner should be visible to anyone who observes 

the sUAS and chooses to investigate its point of origin. 

5. Section 61.113(a) and (b)- Private Pilot Privileges and Limitations. 

By following certain requirements, an equivalent or higher level of safety 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 with FAA Policy N 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 between the sUAS and manned 

aircraft; 

(b) Operations will occur over property owned or controlled by IPC, over 

private property with the permission ofthe land owner, or over sparsely 

populated or unpopulated areas. This provides an order of safety and 

privacy from unwarranted surveillance of non-participating individuals; 

(c) Operations over unpopulated portions of public lands (e.g., public forests, 

national recreation areas, etc.) will occur with permission of the respective 

administrative agency (e.g., U.S. Forest Service, Bureau of Land 

Management, etc.) This provides a level of security to operations; 

(d) When necessary, all required permits will be obtained from federal, state, 

and local government prior to operation. This provides a level of security 

to operations; 

(e) The sUAS will not be operated over urban or populated areas. This 

provides for safety, security, and privacy of individuals, and separation 

from manned aircraft; 

(f) The sUAS will not be operated at air shows or over an open-air assembly 

of people. This provides a level of safety, security, and privacy of 

individuals, and separation from manned aircraft; 

(g) The sUAS will not be operated over heavily trafficked roads. This 

provides a level of safety, security, and privacy for individuals, and 

separation from manned aircraft; 

30 
(h) The sUAS will not be operated within five nautical miles of an airport or 

heliport with active ATC. This provides a level of security 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 of Sight, at no greater than onehalf nautical mile of the 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 ("NOT AM") 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 in Administration's Notice of Proposed 

Rulemaking, 4 as a minimum requirement for commercial operators of unmanned aircraft that 

weigh less than 55 pounds. 

Personnel who may act as PIC, operators, or VO will be required to complete ten hours of 

computer-based flight simulation (using the radio transmitter that controls the actual sUAS), and 

4 Operation and Certification of Small Unmanned Aircraft Systems, 80 Fed. Reg. 9544 (Feb. 23, 

2015). 

31 
ten training flight hours (or 60 flights) on the 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 FAA has required a 

current commercial or private pilot certificate for the express purpose of satisfying security 

screening of operators. In lieu of obtaining commercial or private pilot certifications, and in 

order to fulfill Administration recommendations of complying with Department of Homeland 

Security ("DHS") security screenings, IPC requests that its operators undergo a security 

screening of equivalent level. 

IPC notes that the Administration has found that similar requirements provided an 

equivalent or better level of safety for operation of sUAS for operations permitted pursuant to 

public COAs. 

Additionally, the sUAS (MikroKopter- hexa) that IPC proposes to use has a high degree 

of pre-programmed safety control. Three levels of safety are pre-programmed into the sUAS and 

activated in the event of a loss of controllinlc First, each sUAS has four active radio receivers. 

If one fails, resulting in the loss oflink to the on-ground radio transmitter, any ofthe remaining 

three radio receivers will immediately pick up the control signal. Second, if all 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 of time. If control is not re-established during 

that time, the sUAS will then automatically return to its point oflaunch and initiate another preset hovering period. If control is not re-established during the home-point hover period, the 

sUAS will then automatically reduce power and return to the ground. Third, if all radio receivers 

fail, and ifthe sUAS does not have GPS signal, upon loss of control, the sUAS will immediately 

cease movement and initiate a pre-programmed hover period, at elevation. If control has not 

32 
been re-established by the end of the 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 certain requirements, an equivalent or higher 

level of safety can be 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 

Policy N 8900.227 Section 14 "Operational Requirements for UAS," with the restrictions noted 

in item 5 above. 

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 prior to conducting sUAS 

operations. Finally, based on the Administration's recent Notice of Proposed Rulemaking on 

sUAS, it appears to be the aim of the Administration to develop a new classification of airman 

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 complete training as 

noted in item number 5 above. 

In other Section 333 exemptions the FAA has granted recently, the FAA has required a 

current commercial or private pilot certificate for the express purpose of satisfying security 

screening of operators. In lieu of obtaining commercial or private pilot certifications, and in 

order to fulfill FAA recommendations to comply with DHS security screenings, IPC requests 

that its operators undergo a security screening of equivalent level. 

33 
IPC notes that the Administration has found that similar requirements provided an 

equivalent or better level of safety for operation of sUAS for cases of operations permitted 

pursuant to public COAs. 

7. Section 91.7(a)- Civil Aircraft Airworthiness. 

An exemption to this section will not affect the level of safety intended by the 

Administration. An equivalent level of safety will be provided because sUAS operating manuals 

and pre- and post-flight checklists will be present at the ground station and followed by the 

operators. This will ensure an airworthy condition. 

8. Section 91.9(a), (b) and (c)- Civil Flight Manual, Markings, and 

Placard. 

With respect to airworthy condition, see discussion in item 7 above. 

With respect to markings and placards, see items 2, 3, and 4 above. 

With respect to having flight manuals onboard the aircraft, given the small size and 

configuration of the sUAS, the lack of a cockpit, and the fact that no persons will be aboard the 

sUAS, it is unnecessary and not possible to carry the documents required by this section. To 

obtain an equivalent level of safety and meet the intent of Section 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 Administration has 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 of safety can be assured with instruction provided through a training 

program. During training flights the instructor and trainee will be situated side by side, and the 

34 
control transmitter can be readily passed between the instructor and trainee. In addition, the 

sUAS will not carry a pilot or passengers. The size and speed of the sUAS, and its safety 

features limiting the potential for operation outside the operating conditions set forth in this 

Petition provide an equivalent level of safety. The FAA has approved exemptions for flight 

training without fully functional dual controls for a number of aircraft 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 of safety, flights will only occur over sparsely populated 

or un-populated areas, private property owned by IPC, or with the permission of the private 

property owners. If flown over private property not owned by IPC, and if bystanders are present, 

those individuals will be notified about the expected flight route and the associated risks to 

persons and property on the ground. Because of the small size, light weight, and speed of the 

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 of people. The sUAS does not carry flammable fuel. The 

sUAS will be operated at an altitude allowing, if a power unit fails, an emergency landing 

without undue risk to people or property on the ground. The low altitude flight ofiPC's sUAS 

operations will ensure separation between IPC's sUAS operations and the normal operations of 

conventional manned aircraft, which generally operate above 500 feet AGL. 

11. Section 91.121 -Altimeter Settings. 

An appropriate altimeter measurement presented to the sUAS operator/pilot should be 

above ground level based on the local barometric pressure at the point of launch. To provide an 

equivalent level of safety, 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 

35 
the visual line of sight of the operator( s ), even rapid changes in barometric pressure will have 

limited effect on the safety of the 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-half nautical mile from the point of launch and intended landing, a full 

battery charge at launch will ensure that the intent of the reserve energy requirement of this 

section is met. IPC believes that relief from this section of 14 C.F .R. is safe and within the scope 

of exemptions to other applicants previously granted. 

13. Section 91.203 -Display of Civil Aircraft Certifications. 

In order to meet or exceed an equivalent level of safety, IPC proposes to affix a placard to 

the sUAS that provides the following information: 

(a) Manufacturer; 

(b) Serial Number (or IPC Property Number); 

(c) IPC Contact Information. 

In addition, registration documents will be kept on the ground at the control point where 

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 of the sUAS and be 

authorized to approve the sUAS for return to service. As provided in the attached sUAS 

operating manual (see Exhibit 1), the PIC will ensure that the sUAS is in an airworthy condition 

prior to flight and conduct detailed inspections after every ten hours of operation. Maintenance 

performed by the PIC will be limited to replacing rotor booms, replacing propellers, motors and 

wires, repairing and replacing the camera mount/gimbal, repairing and replacing landing struts, 

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and updating software and firmware. All other maintenance will be performed by the 

manufacturer. The PIC will document work performed. IPC is confident that, because of the 

small size, construction, and simplicity ofthe sUAS, and lack of flammable fuel, the PIC can 

ensure an equivalent level of safety. In granting exemptions from these sections to other 

applicants, the Administration has found an equivalent level of safety compared to manned 

aircraft. See, e.g., Exemption Nos. 11109, 11136, and 11138. 

F. Summary Suitable for Publication in the Federal Register. 

IPC petitions the Federal Aviation Administration for relief from 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 of operating small unmanned aircraft weighing less than five pounds on property that is 

owned or controlled by IPC, over private property with permission of the landowner, and/or over 

sparsely populated or unpopulated areas. IPC proposes that its operation be subject to the 

operating conditions and safety standards set forth in the Petition in lieu ofthe above-referenced 

regulations in order to provide a level of safety equivalent to those regulations. 

G. Additional Information. 

In support of its 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 Prior to First Flight, and After Major Maintenance 

Upgrades (attached as Exhibit 2), and MikroKopter Pre-Flight Checklist and MikroKopter PostFlight Checklist (attached as Exhibit 3). 

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IV. CONCLUSION 

For the reasons set forth above, IPC satisfies the relevant criteria for approval under 

Section 333 of the Reform Act and exemptions from referenced regulations pursuant to 49 

U.S.C. § 44701 (f). Accordingly, IPC respectfully requests that the Administration grant the 

relief requested in this Petition to 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 

significant public interest in the safe and reliable research and monitoring of natural 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 

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