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## AP **S ’s Petition**  **f or Exe**  **m ption**  **Pursuant to Section 333 of the FAA M**  **odernization and**

**Reform Ac** **t of 2012**

**APS :**  Arizona Public Service Company, a subsidiary of the Pinnacle West Capital Corporation ATTN: Ian R. Hatfield

– Predictive Maintenance Sr. Technician PO Box 53933 Sta 4618 Phoenix, AZ 85072 Phone: (602) 809
-0545 Ian.hatfield@aps.comPage 2 of 19 **I. SUMMARY**  **O F**  **PETITION** Pursuant to Section 333 of the FAA Modernization an d Reform Act of 2012 (“Section 333”), Arizona Public Service Company (“APS”) here by re s pectfully requests exped i ted approval t o use Small Unmann e d Aircraft Syst e m (“s UAS”) u nder the te r ms and cond i tions descr ib ed in this Pet i tion for Exemption (“Petition”) t o cond u ct in s pections of e nergy i n frastruct u re. Arizona Public Service Company also reque sts the exemptions that are necessary to such approval purs uant to 49 U . S.C. § 44701(f), and 14 C.F.R. § 11.81 . 1 APS seeks to use sUAS to perform visual inspections of vital energy infrastructure, such as transmission and distr i but io n lines an d s ubstations and Solar generation fields, in order to furt her the publ i c interest in the safe and reliable deli very of el e ctr ic ity to custom ers. S m al l UAS are i deally suited for in s pection of en ergy infrastructu re — they can safely, inexp e nsively, and quickly deliver high -quality Infrared and digital photo and video, which eliminates th e ne e d for physical insp e ction and thus speeds the p rocess of tro u ble -shooting, and ultim a tely i n crea s es the re l iability of the electr i c grid. In part i cular, sUAS allow fo r safer operations and inspection of the crit i cal i n frastructure . Util ity worke rs would b e a ble to con d uct insp e ctions without being in close proxim i ty to high -voltage equi p me n t o r subject to t h e he i ght related h a zards of b u cket trucks o r co nventional aircraft. They c a n also facilit a te the safe inspection of hard -to -access or environmentally sensitive areas without the use of b ucket trucks, helicopters, and other util ity vehicles that may ha ve more i mp act than sUAS. In add i tion, because of the small size of the craft, th e re is not the exposure and risk to public safety as with traditional helicopter use. In many cases sUAS can be more efficient and cost effective than traditional methods, which can help to reduce operations and maintenance costs and, perhaps most importantly, provide a means for faster resolution of any problems on the electric system. A reduction to the overall mainten ance costs would be of benefit to the public by being able to pass any reduction of costs directly to the rate payer. The public interest is critical to our success and the approval of this request and the provision of the necessaryPage 3 of 19

exemptions will enhance worker and public safety, increase electric system reliability and decrease customer costs. M o re over, approving the request e d use would represent a significant ste p forward in the Federal Aviation Administ ration’s (“Ad ministration ” ) efforts to integrate sUAS into the nati o nal airspace system. Arizona Public Service Company’ request provides the Admini st rat i o n with an opport unity to partner with a leading el e ct r ic e nergy provider as it works to deve lop its r ulem a k i ng p ursuant t o the FAA Reauthorization Act of 20 1 2 — while do i ng s o for a compell i ng pub l ic p u r p os e an d u n der strict operational
a nd safety gu i delines. Give n t h e u n i q ue ne s s of APS — the co mpany has a diverse geographical and environmental footprint an d a distinctive resource mix — it is ideally suited to help the Administra tion
u n derstand the pot e ntial util i ty applications for sUAS. Arizona Public Service Company proposes to use sUAS th a t are rotorcraft, weigh 15 o r fe wer pounds, operate at a s peed of no more than 50 k n ots, and co n tain built
- i n s afety features. In add i tio n , Arizona Public Service Company proposes t o use the aircraft at low a l titudes, not in proximity to airports
o r d e nsely populated areas, o n prop e rty th a t is owned o r contro lled by Arizona Public Service Company o r is a util i ty r ight of way or easement, within t h e vi s ual line of sight of the operator, and u n der controll e d conditions. Accordingly, the request e d exemptions satisfy the a ppl ic able statutory criteria and policies, will serve t h e p ub l ic interest, will not adversely affect safety, and will provide a level of safety a t least e qual to the exist i ng airworthiness and re lated regulations. A pproval of th i s Petition is therefore
co n sistent with Section 333’s directive to “establish requirements for the safe op eration of [unmanned aircraft systems] in the national airspace system” if the S e creta ry of Transportation determines that
c e rtain u nma nne d aircraft systems may operate safel y in the nati o nal airspace system . 2
2 Section 33 3 (c) o f the FAA Modernization and Ref orm Act o f 2 01 2 , Pu

b
. L . No . 1 1 2
-9 5 , 1 2 6 Stat 1 1
.Page 4 of 19 **II. APS**  **BACKGROUND** Arizona Public Service Company is a n Arizona b a sed ut i lity th a t services a b o ut 1.3 million customers. We maintain more th a n 44,000 miles of power lines ranging from distribution lines to transmission lines with voltages over 500kv. We also operate and maintain 4 16 subst a tions in Arizona and multiple generation sites . Arizona Public Service Company is co mmitted, first an d fo rem ost to s afety. Arizona Publi c Service Company is focused o n the reli a bility of its system through maint e nance a nd i n sp ecti o n of t h e existing el e ctrical system a s well as bui l d -out of additional fa cilities. Consistent w ith Arizona Public Service Company ' efforts for providing safe and reliable service to our customers, Arizona Public Service Company seeks to use s UAS to more safely and effectively perform inspections of the electr i cal infrastr ucture and solar generation fields.
**III. RELEVANT**  **STAT U** **TORY AUT**  **H O**  **R ITY**  **A. Sec** **t ion**  **333** Section 333( a ) states th a t the Administ ration “shall dete r m i ne if certain unma n ned aircraft system befo re co m pletion of the plan a nd ru l emakin g [to broadly integrate U AS into t h e n a tional airspace] required by S e ct io n 332 of this Act.” Section 333 is also describ e d as a pathway fo r “exp e dit ed operational a uthorization. ” 3 Section 333(b)( 1 ) outlines the factors t h at t h e Administration shall use to dete r mine whether UAS may b e operated safely in the nat i onal airspace system: size, weight, speed, operation a l capabi l ity, proximity to airports and populated areas, and ope ration within v isual line of sight. I n addition, and importantly fo r this Pet iti o n, Section 3 3 3(b)( 2 ) prov i des t h e Administration wit h t h e disc ret i on To dete r mine t h at a certifi cate of waiver, certificate of a uthorization, o r airworthiness ce rtifica t io n is not required to o perate UAS that are found to b e appro p riate u nder Section 333(b)(1). Finally, Section 333(c) allows the Administration to establish requirements for safe operation of the UAS determined to be able to be operated safely in the national airspace system.Page 5 of 19

**B .**  **Sec t**  **ion 44701(f)**  In add i tion to its sp e cific a uthority related to author i zing UAS op e ration u n der Section 333, the Administra tion has general authority to grant exe m ptions from its safety requi reme n ts and mini m um standards if the Administ ration finds t h at t h e exemption is i n the publ i c intere st . Administra tion regulations s et forth t h e i nformation that m u st be i ncl u ded in t h e p etition for exemption: (1) the APS’s
na me and mai l ing address; (2) the regulations from which the APS seeks exe mption; ( 3 ) the extent of relief soug h t and why; ( 4 ) the re aso ns why gra n ting the request would be in the p ubl i c interest and how it would benefit the public as a whole; and (5) the reasons w hy granting the exempti o n would not adversely affect safety, o r h o w the exemption would p rovide a level of safety at least equal to the r ule from which the APS seeks exemption . **IV. DISC**  **U SSION**  **A. APS** **’s P**  **ro p** **osal Sat**  **i sfies**  **the Sec** **t ion**  **333 Criteria**  **f or**  **A pp**  **r oval.**  As describ e d above, Secti o n 333(b)(1) outlines the fa ctors th a t the Administration shall use to dete r mine w hether UAS may be ope rated safely i n the national airspace system: size, wei ght, speed, operational capability, proximity to airports and populated areas, and operati o n within visual line of sight. A p ply i ng the cri t eri a outlin e d in Section 333(b)( 1 ) an d othe r relevant criteria to this c a se demonstrat e s that APS’s proposed te r ms and conditions of operation wil l result in the sUAS being operated safely in the nat i onal airspace system, consistent with S e ction 333. Base d o n the small size of the s UAS i nvolved, the low altitude an d restricted e n vi ro nment i n which they will operate, and the fa ct that they will be operated within t h e vi s ual line of sight of the operator, there is more than s ufficient basis to find that the s UAS can b e opera ted safely u n der this proposal. **1. Size,**  **Weight, Spee** **d ,**  **and Operational**  **Capability** APS proposes to use small, (VTOL) mu l ti - rot o r craft wit h a m a xi m um wei g ht of 7 pou n ds o r less, that are powered by electric batteries and car ry no flammable fuel o r cargo. Arizona Public ServicePage 6 of 19

Company wil l u s e small craft typically referred to as q u a dcopters with a m a xi m um takeoff weight of 10 pounds including the payload options when situations require specialized equipment, such as infrared cameras for thermal inspection of power equipme nt are needed. The s UAS us e d by Arizona Public Service Company will have i nt e gra ted GPS a utopilot systems. The integrated GP S autopilots provide stable, precise flight, and stable hovering and GPS hold — e nabling field workers to focus o n situational awareness ( e.g., p roximity to h ig h voltage equipment) and safety of t he mselves and the publ i c. I n addition, t h e GPS a utopil ot system provides an a u t o matic return to home cap a bility i n the unlikely case of signal loss with the operator and preprogramed route function for safe return. Additional safety feature include, a base station that constantly provides real
-time feedback on the operational effectiveness of the battery, rotors, signal strength, telemetry data and a “black box” that will continually capture operational data during the flight. These small, multi -rotor c raft are ideally suited for in s pection of po wer lines, ge nerating pla n ts and other p ower-related i n frastruct u re bec a use they often delive r high
- quality photo an d video more efficiently an d cost effectively than tra ditional met h ods. Us i ng s UAS can also be safer for utility workers because it wil l avoid p u tti n g utility workers in close proximity to h i gh -voltage e q uipm e nt and work conditions with hi gh elevations, eliminating the risk of injuries from falls and electrocutions . They also allow the s afe inspection of hard -t o -access o r environmentally sen s itive areas without t h e use of b u cket t r u cks and other utility v ehicles. Ove rall, sUAS can provide signi ficant be n efits over traditional ene rgy infrastructu re insp e ction methods to utility workers and customers.
**2. Proximity**  **t o**  **Airpo r** **ts/ P** **o p**  **ula t** **ed Areas**  APS will avoid operating the sUAS over densely populated area s and will operate a t lea st three naut i c a l miles away fro m the nea rest p u blic use airport. T h e sUAS will be operated a t low altitudes of 250 feet or less — much lower than the airspace in which manned vehicles operate and lower than thePage 7 of 19

altitude at which hobby aircraft fly. Finally, all operations will occur over utility property or utility right of way or easements. In add i tion, Arizona Public Service Company’s flights will likely occur in airspace that is subj ect to a Not i ce to Airmen (“ NOTAM”). The Administra tion has issued a standing n o tice to pilots to avoid loit e ring in the “airspace above, o r in prox i mity to, sites such as nuc le ar power pl a nts, power p l ants, dams, refineries, industrial c o mplexes, mil i tary facilities, and other s i milar facil i ti e s.” This N OTAM shoul d further l i mit t h e potential int e raction of an y flights near Arizona Public Service Company power transmission facilities. **3. Visual**  **L i**  **ne of**  **Sight** A pil ot (operator) with proper training will have passed an aeronautical test and obtain an UAS operator pilot certificate. The operator will only operate the sUAS dur i ng da y light hours, in good weather, and within the operator’s line of sight . I n addition, the operator will be accompanied by a trained spotter, who also will be posit i oned in line of sight of t h e aircraft and will be in co n stant comm u nication with the operator to identify an d alert t h e operator to any potential obstacles. T h i s e liminates t h e need for other “sense and avoid” c a pabilities dur i ng operation, as well as t h e ne e d for an y method of air traffic co n trol comm u nic a t i ons . 6 See I n terim O perationa l A

p proval Gu idance 08
- 01, U nmann ed Aircraft S

ystems Operations in t

h e U
. S. N a tiona l Airspace System at 4 (Ma r. 1 3 , 2 008 ). **B .**  **APS ’s**  **P ro**  **p osal**  **Als o**  **Satisfies the**  **Standard f** **or Exem**  **p t**  **i on**  **u nder**  **Sec t**  **ion 44701**  **and 14**  **C.F.R. §**  **11. 8**  **1. 1.**  **Granting APS** **’s R** **eq u**  **est Would**  **N ot**  **Adversely Affect**  **Safety and**  **Would Pr** **o vide**  **a Level**  **of Safe** **ty a** **t L** **e ast**  **Eq ual**  **t o**  **Exist i**  **ng Rules.**  Granti n g Arizona Public Service Company’ Petition w ill not adversely affect safety. APS’s proposed terms an d conditions of o peration would provide a l evel of safety at least equal to existi n g r ule s . As discussed abov e with re sp ect to Section 333(b)( 1 ) criteria, the size, weight, speed, and operational capability of the sUAS that will be used i n t h e propo s ed operations indic a te th a t the aircraftPage 8 of 19

can be operated safely in the nat i onal airspace system. M o re over, the aircraft will be operated at l ow altitudes, not in prox im ity to airports o r densely po pulated areas, and withi n t h e visual li ne of sight of the operator and spotter. In a ddition, Arizona Public Service Company proposes t h e following conditions to ensure that the request e d exemption would result i n a level of safety at least e qual to the rules from whic h Arizona Public Service Company is seeking an exe mption.

**a. Safety**  **Systems** : APS will use sUAS th a t has a sem i -autonomous navigation a nd control system compri s ed of a Gro u n d Control Stat io n and “aut o -pilot” system. Aut o mat e d safety functions and safety e n hanc i ng features of th e sUAS th a t Arizona Public Service Company will use include the fo llowing: 

###  **Precision F**  **l ight**  **a n**  **d Stable**  **Hovering** : In tegra t e d GPS autopilot system provides position holding, a l titude l o ck, an d stable hovering to all field personnel to focus o n situational awareness and safely gett i ng the job d o ne.


###  **Auto R** **et u**  **rn -** **To -Home**  : F a il -safe featu re will a utom a tically a ctivate in case of s i gnal loss with ground station, using GPS-Enabled autopilot to a utomat i cally follow a predetermined safe route of return and l a nding the craft a t the original t a ke -off point.


###  **Clearly Visib**  **l e**  **B a** **tt e**  **ry an**  **d GPS**  **S t** **a tus**  : Battery and GPS St a tus will be available on the receiver a nd available through the g round station displ a y. Automatic return to home at a set battery level, APS proposes 20%



###  **Longest Battery**  **Life in**  **Class :**  The sUAS APS will utilize has 88 minutes of possible flight time. APS will not operate with less than 20% battery life or no longer than 60 minutes during a continuous flight, whichever comes first.



###  **N o**  **Wa y**  **point Zones:**  The Ground Contro l Station features a functi o n call e d "No Waypoint Zo nes." This fe a ture provides an extra e l e ment of safety around major airports by not allowing t h e sUAS to operate within a pred eterm i ned rad i us of these airports.



###  **Virtual Fence**  **Option :**  This feature exists to make sure your SUAS doesn’t operate in a undented area, such over a road or other structure.
**b. Mandatory**  **O per** **a ting**  **Conditions** In add i tion to the safety fea tures de s cr i bed above, Arizona Public Service Company proposes that its exemption b e subj e ct to the following mandatory conditions to ensure safe
o perati o n:

 Operations w ill avoid d e nsely popul a ted areas and only operate over APS property, rights of way or easements.Page 9 of 19

 Operations will n ot be conducted over highways, freeways or major roads where traffic is not being controlled.

 Maxi m um tot al flight t i me for each fligh t will be 60 m inutes. Flights will be te r m inated at 20% b a tte ry power reserve, should that occur befo re this time limit.

 Operations w ill occur d u rin g Visual F l ig h t Rules M eteorological Conditions.

 Aircraft to remain within Visual Line of Sig h t (“VLO S”). V LOS will be guaranteed with a cylinder of operation aroun d operator of 1/4 na u tical miles.

 Operations w ill occur d u rin g dayli g ht hours.

 Flights will be operated at an altitude of no more th a n 250 feet Above Ground Level (“AGL”).  All operations to remain more th a n thre e na u tical miles from t h e airport refe rence point of publ i c use airports.

 Operators an d spotters wil l me et the operator traini n g and ce rtification requirements proposed be lo w.
 Operators an d spotters wil l be in com m unica t ion at all t i mes.
 Operator will perform required ma i nt en ance per the manufacturer’s recomm e ndations and ke ep a log of any maintenance performed.

 Operator will perform any safety c h ecks specifi ed i n the m a nufacturer’s user guide prior to each flight.

**c .**  **Operator Training**  **and Certificat**  **i on**  As discussed above, the sU AS Arizona Public Service Company will use are characterized by a high d egree of control and built-in t e c h nical capabil i ties that lim i t the potential for operation outside the op e rating conditions set forth in this Petition. M o re over, the m andatory op e rating cond i t i ons (max i m u m alt i tu d e, proximity to airfields, visual line of sight) min i mize a ny pot e ntial weather i m pa ct an d inte ractions with other aircraft. Situational awareness around hig h -voltage e q uip me nt, a thorough working kn owledge of the sUAS, and strict a dhere nce to corporate sUAS flight policy are key to safe sUAS operations. Given the significa n t di fferences between s UAS a nd p i loted aircraft, the safety features i nhere n t i n th e sUAS, a ndPage 10 of 19

the strict op e rating cond i t i ons that will apply. Arizona Public Service Company proposes th a t, in a ddition to holding a UAS pilot certificate from an accredited training facility and completed the FAA aeronautical test, operators of the s UAS shall also be required to have:



###  Proven know l edge of Arizona Public Service Company UAS flight policy ( i nc l ud i ng Mandato ry Operating Co nditions spec i fied in this P etitio n )



###  Proven working knowledge of safe sUAS operations, flight characteristics, safety features, GP S/Battery St a t us ind i cators, and emerge ncy proce d ures


###  Util i ty k now l edge regard i ng safe operations around high volt a ge power lines,
s ubstation equi p me n t, a nd power pl a nts; and



###  A valid drive r’s license. APS is receptive to future regul a t io ns and industry guid a nce o n l i censing sUAS p i lots using training and testing that is relevant to operating sUAS in a lim i ted flight area. **d. Privacy**  **C ons**  **i derations**  APS will not operate sUAS in any way that may invade personal privacy and will co m p l y with any federal, state, o r lo c al privacy laws that may apply i n are a s where Arizona Public Service Company operates sUAS. I n add i tion, as a pra ct i cal m a tter, flights will oc cur over util i ty property o r utility right of way, so privacy is unl i kely to be a con cern i n relation to APS’s propo s ed use. **2. Granting**  **APS ’s**  **R eq**  **u est**  **Would B** **e in**  **t h**  **e Public**  **Interest and**  **Would Benefit**  **the Public**  **as a**  **W hole.**  Allowing the request e d u s e will provide signific a nt benefits to the pub l ic, Arizona Public Service Company customers, a nd Arizona Public Service Company em ployees. Us i ng sUAS to inspect ene rgy infrastructu re can be safer and m o re efficient t h an trad i tional m ethods of i n frastruct u re insp e ction, s uch
as t h e u s e of helicopters, b u c ket tr u cks and climbing inspections . T h e inc reased safety and efficiency of using sUAS to i n s pe ct infrastructu re following s i gnifica n t we a ther events is especially important to Arizona Public Service Company, which serves 1.3 mi l lion cu stom e rs in Arizona , where sto rms occur with fre qu en cy during the Monson season . An infrastructu re inspection p rocess that is safer and m o rePage 11 of 19

efficient c a n he l p to lower operations and maintenance costs and more qu i ckly resolve problems in t h e delivery of electr i city, bo th of w hich w ill b e nefit cu stomers. M o re over, t h e requested use presents a comp e lling case for t h e Administra tion moving forward with efforts t o integra te s UAS i nto the national airspace system a s required by Section 333. The publ i c has a signifi cant interest i n efficient an d safe inspection of ene rgy infrastructu re to e n s u re reliable delivery of p ower, and Arizona Public Service Company has proposed using sUAS to fu rther this pu b lic interest in a way that is at least as safe as operation of aircraft un d e r existing regulations. APS’s request, therefore, p rovides the Administration an appropriate vehicle to further Congress’ mandate to expe d ite integration of UAS . In a dd i tion, APS’s operati o nal experience result i ng from t h e use of sUAS in utility operations may be v aluable to t h e Administration in devel o ping comp re hensive rules governing sUAS for the electr i c i ndu stry.

**C. Description**  **o f**  **Relief Sou** **g ht**  **a n**  **d R** **e g**  **u l**  **at i**  **ons from**  **Which Exe**  **m pt**  **i on**  **is Requested** Based o n t h e foregoing, APS’s proposal satisfies the criteria for approval u n der S e ction 333. In add i t i on, APS’s proposal meets the re quirements and policies for exem pti o ns from Administra tion regulations. Arizona Public Service Company therefore respectfully requests that the Administration grant exe m ptions from t h e regulations set forth in A p pend i x A to this Petitio n. **V. CONCLUSION**  For the reasons discussed above, Arizona Public Service Company satisfies the relevant cr it eria for approval under Secti o n 333 and exemptions from referenced regulations p ursuant to S e ction 4470 1 (f). APS has attempted to identify the applicable regulations for which an exemption is required for the proposed use. To the extent that the Administration determines that any other safetyPage 12 of 19

regulations might apply to APS’s proposed use, APS further requests that this Petition be deemed to seek an exemption from those requirements.
Accordi n gly, Arizona Public Service Company respectfully re quests that the Administration grant the relief requested in this Pet i tion to allow t h e use of s UAS for the pu rpo ses and u nde r t h e co n dit io ns set forth herein. Granti n g this Petition will not only fu rther Congress’ instruction to expedite t h e safe integra t io n of UAS into the nati o nal airspace system, b ut wi ll also further the signifi c a nt p ubl i c i nt ere st in the safe and reliable deli very of el e ctr ic ity to custo m ers.

February, 24, 2015 Resp e ctfully subm i tt e d, Ian R. Hatfield Arizona Public Service Co. PO Box 53933 Sta 4618 Phoenix, AZ 85072 Phone: ( 602) 809
-0545 ian.hatfield@aps.comPage 13 of 19 **App e**  **ndix A:**  **Regulations f** **rom W**  **hich Exemp** **t ion**  **is Requested**  APS has att e mpt ed t o identify the appl i cable regulations for which an exe mption is required for the proposed use. To the exte n t that t h e Administration determi n es that any other safety regulations mig h t apply t o APS’s proposed us e, Arizona Public Service Company fu rther requests that this Petition be deemed to see k an exe mpt io n from those requi rem en ts. **1. 14**  **C.F.R. Pa**  **r t**  **21: Airworthiness**  **Certif i**  **cation** Part 21 establishes proce d ural requi re m ents for certifications u nd e r Section 447 04, including airworthiness ce rtificates. Both S e ctions 333 and 44701(b) authorize the Administration to exem pt aircraft from airworthiness ce rtification under this Part based up o n considerat io n of its size, weight, speed, opera tional cap a bi l ity, and prox i mity to airpo rts and popu l ated areas. See S e ction 3 3 3. An analysis of these cr i ter i a demonstrates that t h e s UAS operate d without a n airworthiness certifi cate, i n the re stri cted environm e nt, and u nder the conditions proposed wil l be a t least a s safe, or safer, than a conventional aircraft opera ting with an a irworthiness certifi cate without t h e re strictions and conditi o ns proposed. The sUAS Arizona Public Service Company will use a re 15 pou n ds o r less, carry no pilot o r p a ssengers, and carry no exp l osive materi a ls o r flamma b le liquid fuel s . Operations under this exemption will be t i ghtly controlled an d mon i tored by t h e operator and spotter. T h es e safety enhancements provide at least the same deg ree of safety to the p ubl i c and property owners than co n ventional operations con d uct e d with airworthiness ce rtificates. **2. 14 C.F.R.**  **Pa r** **t 27:**  **Airworthiness Standards**  **for Normal**  **C ate** **g ory**  **Rotorc r** **aft** Part 27 sets fo rth t h e pro cedural re qui reme n ts for a i rworthiness certification of normal catego ry rotorcraft. To the extent t h e sUAS would otherwise re quire certific ation u n der P a rt 27, as a rotorcraft, Arizona Public Service Company reque sts an exe m pt io n from Part 27’s airworthiness standa rds for the
same reasons identifi ed above with re sp ect to Part 21 requirements.Page 14 of 19

**3. 14**  **C.F.R. §**  **4 5**  **.23(b): M**  **ar k** **ing R** **e qui**  **r e**  **m ents**  Section 45.2 3 (b) requires that o n l imi te d, restricted, o r light-sport category aircraft, or exper i mental o r provisionally ce rtificat e d aircraft, m a rkings i n dic a ting the aircra ft c a tegory m u st be displayed i n l etters not le s s than two inches nor mo re th a n six inches hi g h “near each entrance to t h e cabin, coc k pi t, o r pilot station.” Exemption from 14 C.F.R. § 45.23(b) is warrante d b e cause t h e aircraft has no entrance to the c a bin, c o ckp i t, o r pilot stati o n o n w hich th e requi red marking can be displaye d . Arizona Public Service Company reque sts an exe m pt io n to 14 C.F.R. § 45.2 3 (b) ’ s marking requirements
an d proposes instead to di s play mark i n gs to t h e ful l est extent possible in co mpl i ance with t h e location
requirements of 14 C.F.R. § 45.27(a) a nd the size requirements of 1 4 C.F.R. § 45.29(f).
**4. 14**  **C.F.R. §**  **§ 6**  **1.113(a) and**  **(b); 61.133(a):**  **Priv a** **te Pi**  **lo t**  **Privileges and Limi** **ta tio**  **n s:**  **Pi l**  **ot in**  **Command; Com**  **m ercial**  **Pilot Privile** **g es**  **and Lim**  **i t** **a ti**  **o ns**  Sections 61. 1 13(a) an d ( b ) limit private pilots to non - comme rcial o perations. S e ction 6 1 .133(a) requires an i n dividual with a com m ercial pilot’s l i cen s e to be pilot i n co m mand of an aircraft for compensati o n o r hire . Un l ike a conve nt ional aircraft that carries a pilot, passengers, and cargo, the sUAS propo s ed for use by Arizona Public Service Company are remotely cont ro lled with no passengers o r cargo on board. APS re s pectfully requests exemptions from t he se require m e nts based o n the particular characteristics of the sUAS that w ill b e used. The risks associated with the ope ration of the s UAS describ e d above (given th e size, speed, operational capabilities, a nd lack of co mbust i ble fu el) are m u ch lower than t h e risks associated with private pilot operations o r commercial operations contempl a ted by Part 61 with conventional aircraft. Give n t h e i nheren tly lower-risk nature of the sUAS an d thes e safety features, Arizona Public Service Company proposes that operators be require d t o successfully comp l ete t h e train i ng describ e d above. T h i s tra i ning a nd the conditions an d restrictions o n operation proposed inPage 15 of 19

this Petition will provide a n equivalent l evel of safety as requir i ng operators to have a private pilot’s certi ficate o r a comme rcial pilot’s certifi c a te.
**5. 14 C.F.R.**  **§ 9**  **1 .7(a):**  **Civil A** **i rcraft**  **Wo r** **th i**  **ness** Section 91. 7 ( a) requires tha t no person may operate a civil aircraft unless i t is i n airworthy condition. If the Adm i ni st ra ti o n grants APS’s re quest for exe mption from the requirem ent to obtain an airworthiness certificate, no Administra tion regulatory standard will exist for dete rmining airworthiness. Arizona Public Service Company will, however, ma i ntain the sUAS as directed by the man u facturers and
c on d u ct any reco m m e nded safety checks prior to each fl ight. **6. 14**  **C.F.R. §**  **9 1**  **.9(b)(2): Civil**  **Aircra f** **t Fli** **g ht**  **M an**  **u al**  **i n**  **the Aircraft**  Section 91. 9 ( b)( 2 ) prohib its a person fro m operating a civil aircraft “[f]or which an Airplane or Rotorcraft F l i ght Ma n ual is not required by § 2 1 .5 of this ch a pter, u n les s the re is available in the aircraft
a current approved Airplane o r Rotorcra ft Flight M a n ual, approved ma n ual m a terial, mark in gs, and placards, o r a ny combinat io n the reof.” Given the siz e and configuration of t h e sUAS Arizona Public Service Company will use, i t is not possible to carry such a flight ma n ual o n the aircra ft. The equivalent level of s afety will be achieved by keeping the flight manual (sp e cifically, the manufa cturer’s user g u ide) at the g round control point w here the operator will have immed i ate access to it. **7. 14**  **C.F.R. §**  **9 1**  **.103: Prefli** **g ht**  **A c** **tion** Section 91.1 0 3 requires a pilot in co m mand to b e co m e familiar wit h sp e cific in fo rmation befo re each fl i ght, i n clud i ng i nformation cont a ined i n the Admini st rat i on -approved Fl i ght Ma n ual o n board the aircraft. As n o Admini stration -approved Flight Manu a l will be provided, Arizona Public Service Company
requests an exemption from this requirement. T h e operator would, however, become familiar with the manufacturer’s user gui de .Page 16 of 19

**8. 14**  **C.F.R. §**  **§ 9**  **1.109, 91.319(a)(1):**  **F l**  **ight Instru**  **c tion**  These regulations provide that no person may operat e a civil aircra ft (except a manned free balloon) that is being used for flight inst r uction un l ess that aircraft has fully functioning dual controls. The s UAS Arizona Public Service Company will use a re remotely
- piloted aircra ft and de signe d without fully functioning d u a l controls. Flight co n trol is accompli s hed throu g h the use of a control box t h at comm u nic a t e s with the aircraft via radio com m unic a tions. The equivalent level of safety pro vided by the fa ct that neither a pilot nor passen gers will b e c a rried in t h e aircraft, by the size and speed of the aircraft, and the safety fe at ures of t h e aircraft that l i mit the pot e ntial for ope ration outside the operating co nditions set fo rth in this Petition. **9. 14**  **C.F.R. §**  **9 1**  **.119: M**  **i ni**  **m um**  **Safe A** **l titudes**  Section 91.1 1 9(c) p rescrib e s the min i m u m safe alt i tu d es un d er which aircraft ma y not operate, including 500 feet above the surface an d away from any person, vessel, vehicle, o r structure in non congest e d areas . S e ction 91.119(d)(1) allows for a helicopter to o perate a t less than those mini m um altitu d es u nde r ce rtain conditions. As describ e d above, Arizona Public Service Company will operate the sUAS at altitu d es up to 250 feet AGL, and therefo re requests an exe mption from t h e 500-foot min i mum altitude. Giv en the size, weight, a nd speed of the sUAS an d the lack of flammable fuel, a ny risk associated with th e se operations is far less than those p resently pres e nted with conventional aircraft operating at o r bel ow 500 AG L . I n add i tion, the low-a l tit u de operations of the sUAS will ensure separation b etween these sUAS operations and the operations of conve n tional aircraft that must general l y operate above 500 feet. **10. 14**  **C.F.R. §**  **9 1**  **.121: A** **l tim**  **e ter**  **Settings**Page 17 of 19

Section 121 requires e a ch person opera ting an aircra ft to mainta i n cruisi n g alt i tude by reference to an altimeter th a t is set “to the elevation of t h e d e parture airp o rt o r an a pp ropriate alt im eter s etti n g available befo re departure.” As the sUAS may not have a barom etric a l tim eter, but instead us e GPS tec h nology, Arizona Public Service Company requests an exempt io n from this require m ent to the extent i t operates sUAS without a barometr i c altim eter. A n equivalent l evel of safety will b e achieved by the operator confirmi n g th e acquisition of GPS signa l s and an init i al ground lev el alt i tude of zero prior to take off. **11. 14**  **C.F.R. §**  **9 1**  **.151(a): Fuel**  **Re q**  **uire m**  **e n** **ts f** **or F**  **l ight**  **i n**  **V F**  **R C** **ond i**  **t i**  **ons** Section 91.1 5 1(a) prohibits an i n dividual from b eginn i ng “a flight in an airplane u nder VFR conditions u n less (c o nsi d ering wind an d forecast weather conditions) t h ere is e n ough fuel to fly to the first point of i nte n ded lan d ing, and, assuming normal cruising speed – ( 1 ) During the day, to fl y after that for at least 3 0 mi n utes; o r ( 2 ) At n i ght, to fly after t h at for at l e ast 45 m i nutes.” APS requests an exe mption from the 30 mi n utes of reserve fuel requirement. Given t h e limitations o n flight l o cat i ons and operations set fo rth i n this Pet i tion, a longer ti m e frame fo r flight is reasonable. Operating t h e sUAS in a t i ghtly control l ed area with l e s s than 30 min u tes of reserve fuel does not e n gender the typ e of risks that Section 91. 1 51(a) was i ntended to alleviate given th e size and speed of the sUAS. APS proposes that a n equival e nt l evel of safety ca n be achieved by lim i ting flights to 60 min u tes o r 2 0% of battery power, whichever ha p p e ns first. This restriction wo uld be more than adequate to return t h e sUAS to i ts pla n ned l a ndi n g zone from anywhere i n its l i mited operating area. **12. 14**  **C.F.R. § 9**  **1 .203(a)**  **and (**  **b): Carrying**  **Civil Aircra** **f t**  **Certification and**  **Regi s** **tration** Section 91.2 0 3 requires a civil aircraft to have “within it . . . [a]n appropriate an d current airworthiness ce rtificate” that m u st be “ displayed at the c a bin o r cockpit entrance s o that i t i s legible to passengers o r crew.” As discussed abo ve with respect to S e ction 91.9(b)( 2 ) re quiring t h e aircraft to carry a flight manual, the physical characteristics of sUAS are suc h th a t there i s no ability o r place to carryPage 18 of 19

registra tion docum e nts o r to disp l ay th e m o n the sUAS. An equivale n t l evel of safety will be achieved by keeping registration doc um ents at t h e g round control point w here the operator will have imme d iate
ac ce s s to the m . M o re over, the requirem e nt to carry ai rworthiness certificate will not apply to Arizona Public Service Company if the Administ ration grants APS’s re quest for a n exemption from this require m ent, as requested above.

**13. 14**  **C.F.R. §**  **§ 9**  **1.405(a); 91.407(a)(1);**  **91.409(a)(2); 91.417(a)**  **and (b):**  **Ma i**  **ntenance**

**Inspect i**  **ons** These regulations specify maint e nance and inspection standards i n reference to 14 C.F.R. Part 43. Specifi ca l ly, 14 C.F.R. § 91.405(a) states th a t the owner o r operator of an aircraft shall h a ve the aircraft insp e cted as pre s cribed i n the rules and have discre panci e s repaired as prescrib e d in part 43; 14 C.F.R. §§ 407(a)(1) and 409 (a)(2) requires that an aircraft be approved for return to service by a person authorized u nder 14 C .F .R . S e ction 43.7 after i t has u ndergone m a intenance o r receives an annual inspection; a nd 14 C.F.R. § 417 requi res an owner o r operator of an aircraft to maintain sp e cific types of maint e nance records, inc l uding s i gnatu res of the pers on authorized to approve the aircraft’s return to service. Given that thes e sections and Part 43 a pply only to a ircraft with a n airworthin e ss certifi cate, these sections will not apply to APS’s operation of sUAS. Maintenance will be a ccompli s hed by the operator pu rsuant to the manufacture r specifi cati o ns. A n e qui valent l evel of safety to existing regulations
w ill be achieved b e cause t h ese sUAS are very l i mit e d in size, operate only in re st ricted areas for limit e d perio ds of time, and carry no flammable fuel. If mechanical issues arise, the s UAS can land imme d iately and will be operating from no hig h er than 250 feet AGL. As described above, the operator will ensure tha t t h e sUAS is in working order prior to i nitiating flight, perform a preflight safety checklist, perform required ma i nt en ance, an d kee p a log of an y maintenance perform e d. M o re over, the operator is thePage 19 of 19

person most familiar with t h e aircraft and best suited to ma i ntain the aircraft in an airworthy condition to provide t h e e quivalent lev el of safety.

**14. 14**  **C.F.R. §**  **9 1**  **.1501: C** **o n** **t i**  **nued Airworthiness**  Section 91.1 5 01(a) “requires operators to support t h e c on t i n ue d a irworthiness of each airplane.” Arizona Public Service Company requests an exe mption from this re gulation bec a use t h e sUAS will not be subject to an airworthiness ce rtificate.

**App e**  **ndix B**  **: Summary**  **S u**  **i tab**  **l e**  **f or**  **Publication i**  **n t**  **h e**  **Fede r** **al Register**  APS petitions t h e F e d e ra l Aviation Administra tion for relief from compliance with 14 C.F.R. Part 21;14 C.F.R. Part 27; 14 C.F.R. § § 4 5.23(b); 61. 1 13 (a) and ( b ) ; 61.13 3 (a); 91.7(a); 91.9(b)( 2 ); 9 1 .103; 91.109; 91.119; 91.121; 91.151(a); 91.2 0 3(a) an d ( b ) ; 91.319(a)( 1 ); 91.405(a); 9 1 .407(a)(1); 91.409 (a ) ( 2 ) ; 91.417 (a) an d (b ) ; 91.15 0 1 for purpos e s of operating small unm a nned aircraft 15 pounds o r less on property that is owned o r controlled by Arizona Public Service Company o r i n utility right of way to i n s p e ct energy infrastructu re and identify problems in the delivery o f electric i ty t o customers. Arizona Public Service Company proposes th a t its operati o n be subj e ct to the operating conditions and safety standards set fo rth in t h e petition in li e u of the abov e -referenced regulations i n order to provide a level
o f safety e q ui v alent to those regulations.