UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

WASHINGTON, DC 20591 

In the matter of the petition of 

COMMONWEALTH EDISON, for an 

exemption from part 2 1 Subpart H; §§ 43.7; 

43.11 ; 45.1 1; 45.23(b); 45.25; 45.29; 

47.3(b)(2); 47.3l(c); 91.9(b)(2) and (c); 

91. 1 03(b)(2); 91. 1 05; 91.109; 91.1 13(b); 

91.115; 91.119(b) and (c); 91.1 21; 91.151; 

9 1.203(a)(1) and (2); 91.215; 91.319(a)( 1); 

9 1.403; 91.405; 91.407; 91.409; and 91.417 of 

Title 14, Code of Federal Regulations. 

Exemption No. 11185A 

Regulatory Docket No. FAA-2014-0855 

DENIAL OF EXEMPTION 

By letter dated September 28, 2016, Ms. Linda G. Rhodes, on behalf of Commonwealth 

Edison, 2 Lincoln Centre, Oakbrook Terrace, Illinois 60181, petitioned the Federal Aviation 

Administration (FAA) for an exemption from part 2 1 Subpart H; §§ 43.7; 43. 11 ; 45. 11 ; 

45.23(b); 45.25; 45.29; 47.3(b)(2); 47.3 1(c); 91.9(b)(2) and (c); 91.103(b)(2); 91.105; 

91.109; 91.113(b); 91.115; 91. 119(b) and (c); 9 1.121; 91.1 51; 91.203(a)(1) and (2); 9 1.215; 

9 1.3 19(a)(l); 91.403; 91.405; 91.407; 91.409; and 91.417 ofTitle 14, Code of Federal 

Regulations ( 14 CFR). The petitioner requested to renew Exemption No. 11185, which 

expires February 28, 2017, to operate UAS to conduct aerial data collection1

• 

The petitioner supports its request with the following information: 

The original petition for exemption describing the proposed operation and the regulations 

from which the petitioner seeks exemption is posted to the docket. To view the petition, visit 

http://www.regulations.gov, enter the regulatory docket number found on the first page of this 

document into the search box and click "Search," then click on the "Open Docket Folder" link 

next to a result associated with the docket number. 

1 

No. 

The 

FAA-2007-3330. 

petitioner also requested the authorization to fly all approved UAS listed under Section 333 per Docket 

reques

Please reference Docket No. FAA-20 14-0855-00 II for the amendment that permits this 

t. 
2 

The FAA's analysis is as follows: 

The FAA has finalized the first operational rules for routine commercial use of small 

unmanned aircraft systems ( 14 CFR, part 1 07). The new rule is now in effect and offers 

safety regulations for unmanned aircraft drones weighing less than 55 pounds. The FAA has 

reviewed your request and determined that your requested operation may be conducted under 

part 107, Operation and Certification ofSma/1 Unmanned Aircraft Systems in Class G 

airspace. However, you will need to obtain airspace authorization or a waiver to fly in 

any controlled airspace (Classes B, C, D, or E), or if you wish to deviate from any of the 

operational requirements contained in part 107. For more information, please visit: 

https://www.faa.gov/uas/reguest waiver/. 

Section 333 of Public Law 11 2-95, Special Rules for Certain Unmanned Aircraft Systems 

(VAS), provided the FAA authority to authorize certain UAS operations. This incremental 

step provided a pathway for safe and legal civil operations in the National Airspace System 

(NAS) and was considered a bridge mechanism until the implementation of part 107. Now 

that part 107 is in effect, the vasf majority of operations authorized under previously issued 

exemptions under Section 333, including the operations proposed in this petition for 

exemption, can be conducted under part 107. These operations no longer necessitate an 

exemption. 

The FAA's decision: 

Ther

In consideration of the foregoing, I find that a grant of exemption is not in the public interest. 

d

efore, pursuant to the authority contained in 49 U.S.C. §§ 106(f), 40113, and 44701 , 

elegated to me by the Administrator, the petition of Commonwealth Edison is hereby 

denied. The petitioner may begin operations in accordance with 14 CFR, part 107: Operation 

and Certification of Small Unmanned Aircraft Systems at their discretion. 

Issued in Washington, DC on FE 8 2 3 2017 

John S. Duncan 

Director, Flight Standards Service