Jonathan B. Hill 

T: +1 202 776 2725 

jhill@cooley.com 

1299 Pennsylvania Avenue, NW, Suite 700, Washington, DC 20004-2400 T: (202) 842-7800 F: (202) 842-7899 www.cooley.com 

September 1, 2015 

U. S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE 

Washington, DC 20590 

Re: Summary Processing: Exemption Request under Section 333 of the FAA Reform 

Act and Part 11 of the Federal Aviation Regulations

Dear Sir or Madam: 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform 

Act”) and 14 C.F.R. Part 11, the Electric Power Research Institute, Inc. (“EPRI”), Operator of 

Small Unmanned Aircraft Systems (“sUASs”), hereby applies for an exemption from the listed 

Federal Aviation Regulations (“FARs”) to allow commercial operation of its sUASs for the 

purposes of aerial data collection and training of UAS operators, so long as such operations are 

conducted within and under the conditions outlined herein or as may be established by the FAA 

in an exemption granted under either Section 333 or Section 49 U.S.C. §44701(f).1

As described more fully below, the requested exemption would permit the operation of 

small, unmanned sUAS under controlled conditions in airspace that is 1) limited; 2) 

predetermined; and 3) would provide safety enhancements in the fields in which it will operate, 

which now depend upon conventional aircraft or humans climbing high and dangerous 

structures. Approval of this exemption would thereby enhance safety and fulfill the Secretary of 

Transportation’s (the FAA Administrator’s) responsibilities to “...establish requirements for the 

safe operation of such aircraft systems in the national airspace system.” Section 333(c) of the 

Reform Act. 

This Exemption should qualify for summary processing as the FAA has already given 

public notice of and granted similar exemptions. The FAA has issued grants of exemption in 

circumstances similar in all material respects to those presented in this petition. In Grants of 

Exemption Nos. 11062 to Astraeus Aerial (see Docket No. FAA−2014−0352),11109 to Clayco, 

Inc. (see Docket No. FAA−2014−0507), 11112 to VDOS Global, LLC (see Docket No. 

FAA−2014−0382), 11171A to Asymmetric Technologies, Inc. (see Docket No. FAA-2014-0816), 

11213 to Aeryon Labs, Inc. (see Docket No. FAA−2014−0642) and 12469 to Mesa Associates, 

Inc. (see Docket No. FAA-2015-2197), the FAA found that the enhanced safety achieved using 

an unmanned aircraft with the specifications described by the petitioner and carrying no 

passengers or crew, rather than a manned aircraft of significantly greater proportions, carrying 

 

1 EPRI relies upon the following exemptions where specific reference to an exemption is not 

provided: Exemptions 11062 thru 11067, 11080, 11109 through 11112, and 11114. 
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crew in addition to flammable fuel, gives the FAA good cause to find that the UAS operation 

enabled by this exemption is in the public interest.” As with the approval of the other exemptions 

described above, approval of this exemption would thereby enhance safety and fulfill the 

Secretary of Transportation’s (the FAA Administrator’s) responsibilities to “...establish 

requirements for the safe operation of such aircraft systems in the national airspace system.” 

Section 333(c) of the Reform Act. 

The name and address of the applicant is: 

Electric Power Research Institute, Inc. 

1300 W.T. Harris Boulevard 

Charlotte, North Carolina 28262 

Attn: Fabio Bologna 

Ph: (704) 595-2590 

With a copy to: 

EPRI Legal 

Attn: General Counsel 

3420 Hillview Avenue 

Palo Alto, California 94304 

Regulations from which the exemption is requested: 

14 C.F.R. § 61.23(a) and (c) 

14 C.F.R. § 63.101(e)(4) and (5) 

14 C.F.R. § 61.113(a) 

14 C.F.R. § 61.315(a) 

14 C.F.R. § 91.7(a) 

14 C.F.R. § 91.119(c) 

14 C.F.R. § 91.121 

14 C.F.R. § 91.151(a)(1) 

14 C.F.R. § 91.405(a) 

14 C.F.R. § 407(a)(1) 

14 C.F.R. § 409(a)(1) and (2) 

14 C.F.R. § 417(a) and (b) 

The Applicant 

EPRI conducts research, development and demonstration relating to the generation, 

delivery and use of electricity for the benefit of the public. An independent, nonprofit 

organization, EPRI brings together scientists and engineers as well as experts from academia 

and the industry to help address challenges in electricity. EPRI’s work spans nearly every area 

of electricity generation, delivery and use, management and environmental responsibility. EPRI 
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provides both short- and long-term solutions in these research areas for the electricity industry, 

its customers and society. 

 EPRI is asking for this exemption to further its efforts to improve the delivery of electricity 

to the public. EPRI intends to use sUASs for the purpose of evaluating potential applications 

relating to electric generation and transmission facilities, including video surveillance and 

inspection, collection of other data (such as power leakage and RF field generation) and 

appropriate operating conditions for sUAS in proximity to power generation and transmission 

facilities. EPRI also proposes to provide training to sUAS operators employed or contracted to 

electric utilities, with a focus on best practices for operations involving electrical facilities. 

EPRI proposes to conduct these operations using an Altura Zenith ATX8 UAS. The 

ATX8 is a multi-rotor, radio controlled helicopter that weighs less than 19 pounds with its 

maximum payload. The ATX8 has a maximum speed of just under 39 knots and a cruising 

speed of just over 9.7 knots. It will operate at altitudes of no more than 400 feet AGL, and only 

in line of sight. It will operate only within the areas that have been pre-approved by the land 

owner and no closer than 500 feet to non-participating property or persons, or a distance 

established pursuant to the safety assessment allowed in all recent Section 333 exemptions. 

The sUAS will operate in conformity with EPRI’s UAS Aircraft Flight Manual (the “AFM”) and 

Aircraft Flight Operations Manual (the “FOM”), attached as Exhibit 1 and Exhibit 2 (hereinafter 

“the Manuals”)2

. Operation of the sUAS in compliance with these manuals will ensure that the 

sUAS will “not create a hazard to users of the national airspace system or the public”3

 and that 

the aircraft will operate in compliance with the conditions set forth in this application. 

The Exemption Request 

Use Cases 1 and 2 

 EPRI proposes two use cases for the requested exemption: 

1. Aerial Data Collection

EPRI will use the sUAS for aerial data collection related to the generation and 

transmission of electric power. The types of data to be collected will include both video 

and non-video data. The video will include inspection and condition monitoring of 

electrical facilities and the non-video data collection will include performance monitoring 

(such as power leakage and RF emissions from power lines), as well as other data 

collection activities 

 

2

 Applicant submits the Manuals marked “CONFIDENTIAL,” as they contain proprietary 

confidential business information that is not released to the public and is protected under the 

Freedom of Information Act 5 USC §552 et. seq. 

3

 Reform Act Section 333 (b). 
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2. Training 

EPRI anticipates providing training to its own staff and to employees and contractors of 

electric utilities that wish to use sUAS platforms for their own collection of data related to 

the generation and transmission of electric power. Training programs will focus on 

specific concerns relevant to operation in proximity to electrical facilities. 

Given the small size of the sUAS, no more than 19 pounds, speed of operation (no more 

than 39 knots), and the restricted environment within which it will operate, the applicant falls 

squarely within that zone of safety (an equivalent level of safety) in which Congress envisioned 

that the FAA must, by exemption, allow commercial operations of UASs to commence 

immediately. Also due to the size of the sUAS, the restricted areas in which the sUAS will 

operate and that aircraft will be flown by pilots holding at least a FAA sport pilot license, 

approval of the application presents no national security issue. Given the clear direction in 

Section 333 of the Reform Act, the authority contained in the Federal Aviation Act, as amended; 

the strong equivalent level of safety surrounding the proposed operations, and the significant 

public benefit, including enhanced safety, reduction in environmental impacts, including reduced 

emissions associated with allowing battery powered UASs for these functions instead of turbine 

or gas power aircraft/rotorcraft and operations with pilots having at least a sport pilot license, the 

grant of the requested exemptions is in the public interest. Accordingly, the applicant 

respectfully requests that the FAA grant the requested exemption without delay. 

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY 

The Applicant states that operating in compliance with the conditions set forth in 

Exemptions 11062, 11109, 11112 and 11213 will provide an equivalent level of safety to 

operations conducted with the listed aircraft without the grant of the requested exemption. 

The FAA has granted exemptions to the following regulations in the listed exemptions: 

14 C.F.R. §§ 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a), 61.315(a), 91.7(a), 91.119(c), 

91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2) and 91.417(a) and (b) to 

allow aerial data collection. (See FAA Exemptions 11062, 11360, 11473.) 

These limitations and conditions to which EPRI (referred to as “Operator”) agrees to be 

bound when conducting commercial operations under an FAA issued exemption include: 

14 C.F.R. Part 61: Private Pilot Privileges and Limitations: Pilot in Command 

 Sections 61.113 (a) & (b) limit private pilots to non-commercial operations. Because the 

UAS will not carry a pilot or passengers, the proposed operations can achieve the equivalent 

level of safety of current operations by requiring the PIC operating the aircraft to hold a 

certificate issued by the FAA authorizing operation of any aircraft (ATP, Commercial, Private, 

Recreational or Sport). Unlike a conventional aircraft that carries the pilot and passengers, the 

sUAS is remotely controlled with no living thing on board. The area of operation is controlled 
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and restricted, and all flights are planned and coordinated in advance as set forth in the 

Manual. The level of safety provided by the requirements included in the Manual exceeds that 

provided by a single individual holding a commercial pilot’s certificate operating a conventional 

aircraft. The risks associated with the operation of the sUAS are so diminished from the level of 

risk associated with commercial operations contemplated by Part 61 when drafted, that allowing 

operations of the sUAS as requested with any certificate issued by the FAA as the PIC exceeds 

the present level of safety achieved by 14 C.F.R. Part 61. The FAA has granted exemptions for 

private pilots to conduct similar operations in Exemptions 11062, 11213, 11360 and 11447. 

14 C.F.R. § 91.119: Minimum Safe Altitudes 

 Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 

(d) allows helicopters to be operated at less than the minimums prescribed, provided the 

person operating the helicopter complies with any route or altitudes prescribed for helicopters 

by the FAA. As this exemption is for an sUAS that is a helicopter, and the exemption requests 

authority to operate at altitudes up to 400 AGL an exemption may be needed to allow such 

operations. As set forth herein, except for the limited conditions stated in the Manuals, the UAS 

will never operate at higher than 400 AGL. 

 

 The equivalent level of safety will be achieved given the size, weight, speed of the UAS 

as well as the location where it is operated. No flight will be taken without the permission of the 

property owner, facility owner and local officials. Because of the advance notice to the property 

owner and participants all affected individuals will be aware of the planned flight operations as 

set forth in the Manuals. Compared to flight operations with aircraft or rotorcraft weighting far 

more than the maximum 55 pounds proposed herein and the lack of flammable fuel, any risk 

associated with these operations is far less than those presently presented with conventional 

aircraft operating at or below 500 AGL in the aerial data collection industry. In addition, the 

low-altitude operations of the sUAS will ensure separation between these small-UAS operations 

and the operations of conventional aircraft that must comply with Section 91.119. The FAA has 

granted exemptions to conduct similar operations in Exemptions 11062, 11213, 11360 and 

11447. 

14 C.F.R. § 91.121: Altimeter Settings 

 This regulation requires each person operating an aircraft to maintain cruising altitude 

by reference to an altimeter that is set “...to the elevation of the departure airport or an 

appropriate altimeter setting available before departure.” As the sUAS model in at least one 

operating mode will not have a barometric altimeter, but instead a GPS altitude read out, an 

exemption will be needed. An equivalent level of safety will be achieved by the operator, 

pursuant to the Manuals, confirming the altitude of the launch site shown on the GPS altitude 

indicator before flight. The FAA has granted exemptions to conduct similar operations in 

Exemptions 11062, 11213, 11360 and 11447.] 
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14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions 

Section 91.151 (a) prohibits an individual from beginning “a flight in an airplane 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 – (1) During the 

day, to fly after that for at least 30 minutes; or (2) At night, to fly after that for at least 45 

minutes.” 

The battery powering the sUAS provides approximately 45 minutes of powered flight. 

To meet the 30 minute reserve requirement in 14 C.F.R. § 91.151, sUAS flights would be 

limited to approximately 15 minutes in length. Given the limitations on the UAS’s proposed 

flight area and the location of its proposed operations within a predetermined area, a longer 

time frame for flight in daylight or night VFR conditions is reasonable. 

Applicant believes that an exemption from 14 C.F.R. § 91.151(a) falls within the scope 

of prior exemptions. See Exemption 10673 (allowing Lockheed Martin Corporation to operate 

without compliance with FAR 91.151 (a)). Operating the small UAS, in a tightly controlled area 

where only people and property owners or official representatives who have signed waivers will 

be allowed, with less than 30 minutes of reserve fuel, does not engender the type of risks that 

Section 91.151(a) was intended to alleviate given the size and speed of the small UAS. 

 

Applicant believes that an equivalent level of safety can be achieved by limiting flights to 

5 minutes of reserve time on the batteries. This restriction would be more than adequate to 

return the sUAS to its planned landing zone from anywhere in its limited operating area. 

Similar exemptions have been granted to other operations, including Exemptions 

2689F, 5745, 10673, 10808 and Exemptions 11062, 11213, 11360 and 11447. 

14 C.F.R. Part 91: Maintenance Inspections 

These regulations require that an aircraft operator or owner “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...,” and others shall inspect or maintain the aircraft in compliance with Part 

43. 

Given that these section and Part 43 apply only to aircraft with an airworthiness 

certificate, these sections will not apply to the applicant. Maintenance will be accomplished by 

the operator pursuant to the flight manual and operating handbook as referenced in the FOM 

attached as confidential Exhibit 1. An equivalent level of safety will be achieved because these 

small UASs are very limited in size and will carry a small payload and operate only in areas for 

limited periods of time. If mechanical issues arise the UAS can land immediately and will be 

operating from no higher than 400 feet AGL. As provided in the FOM the operator will ensure 

that the UAS is in working order prior to initiating flight, perform required maintenance, and 

keep a log of any maintenance performed. Moreover, the operator is the person most familiar 
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with the aircraft and best suited to maintain the aircraft in an airworthy condition to provide the 

equivalent level of safety. The FAA has granted exemptions for similar operations in 

Exemptions 11062, 11213, 11360 and 11447. 

Specific Public Benefits 

 EPRI proposes use of its UAS provided equivalent or augmented levels of safety for 

each of the uses proposed herein: 

 The present systems for inspecting electrical generation and transmission facilities, Use 

Case 1, involve either humans climbing on structures that are steep, tall, slippery, weakened or 

otherwise hazardous or the use of conventional aircraft. The current procedures can result in 

significant injuries to the people who must climb on the structures or require the use of aircraft 

that are orders of magnitude greater in size than the sUAS. Either method, manual inspection 

or large conventional aircraft, results in increased risk of injury due to personnel falling off the 

structures, ground equipment used to put the personnel on the structures, and dealing with 

confined and dangerous spaces, or increased risk from low altitude flyovers with helicopters or 

fixed wing aircraft inspecting electrical facilities. Such flights are, of course, significantly more 

expensive than those undertaken with a sUAS. The present system exposes those not only in 

the immediate area of inspection, but those who are along the path of flight associated with the 

arrival and departure of the conventional aircraft at the inspection site because the aircraft must 

be flown to and from the site. By contrast, the sUAS is carried to the site and transits no other 

property. Conventional aircraft carry flammable fuels that are not carried by the UAS and emit 

pollutants associated with internal combustion engines. The sUASs proposed herein are 

battery powered and have no emissions. 

 EPRI’s proposed use of sUASs for training, Use Case 2, will help to ensure that electric 

utilities using sUAS for their own inspections and other needs have properly trained operators 

who have sufficient experience in a training environment prior to operating in the field and that 

those operators will have learned best practices for sUAS flights near electrical facilities, further 

enhancing safety in sUAS operations. 

Privacy and National Security 

All flights will occur over private or controlled access property with the property owner’s 

prior consent and knowledge. Inspection will be of inanimate objects in areas where the owners 

will have consented to the inspections or otherwise have agreed to allow the UAS and the 

Operator to be in the area where inspection will take place. 

The size of the UAS, its speed and restricted area of operation do not raise national 

security issues. 
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Summary 

Approval of exemptions allowing commercial operations of sUASs for aerial data 

collection and training of UAS operators will enhance safety by reducing risk. Conventional 

operations, using jet or piston powered aircraft or placing people on tall, hazardous or 

weakened structures, exposes them to higher risks than those created by use of a sUAS. 

Conventional aircraft that operate at extremely low altitudes just feet from the subject being 

inspected and in extreme proximity to people and structures present the risks associated with 

vehicles that weigh in excess of 6,000 pounds, carrying large amounts of jet A or other fuel (140 

gallons for jet helicopters). Such aircraft must fly to and from the project location. In contrast, a 

sUAS weighing fewer than 19 pounds and powered by batteries eliminates virtually all of that 

risk given the reduced mass and lack of combustible fuel carried on board. The sUAS is carried 

to the target area and not flown. The sUAS will carry no passengers or crew and, therefore, will 

not expose them to the risks associated with manned aircraft flights. 

The operation of small UASs, weighing less than 55 pounds, conducted under the strict 

conditions outlined above, will provide an equivalent level of safety supporting the grant of the 

exemptions requested herein. These lightweight aircraft operate at slow speeds, close to the 

ground, and in areas that are under the control of the customer for the inspections and, as a 

result, are far safer than conventional operations conducted with turbine helicopters operating in 

close proximity to the ground and people or the use of individuals to climb the structures to 

conduct the inspections. 

Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012--size, 

weight, speed, operating capabilities, proximity to airports and populated areas and operation 

within visual line of sight and national security – provide more than adequate justification for the 

grant of the requested exemptions allowing commercial operation of applicant’s UAS for the 
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Purposes outlined herein and are consistent with exemptions already granted, including, as 

examples, Exemptions 11062, 11063, 11064, 11065, 11066, 11067, 11109, 11112, 11171A, 

11213, 11360, 11447, 11473 and 12469. 

Sincerely, 

Jonathan B. Hill 

J.G. Harrington 

 Cooley LLC 

 Counsel for EPRI LLC. 

 John McGraw 

John McGraw Aerospace Consulting, LLC 

Agent for EPRI LLC 

cc: William Crozier 

Robert Pappas 

Jake Troutman 

Dean Griffith, Esq. 

 Thuy H. Cooper
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SUMMARY OF EPRI SECTION 333 EXEMPTION REQUEST

As this exemption application is similar to those already granted, publication in the Federal 

Register is not required. If for any reason such publication is undertaken, the following is 

offered as appropriate notice for publication in the Federal Register.

EPRI hereby provides pursuant to Part 11 a summary of its exemption application to allow 

commercial operation of the proposed unmanned aircraft for purposes of aerial data collection 

and training. An exemption is requested from the following regulations: 

 14 C.F.R. § 61.23(a) and (c). 

14 C.F.R. § 61.101(e)(4) and (5). 

14 C.F.R. § 61.113(a); 

 14 C.F.R. § 61.315(a); 

14 C.F.R. § 91.7(a); 

 14 C.F.R. § 91.119(c); 

 14 C.F.R. § 91.121; 

 14 C.F.R. § 91.151(a)(1); 

 14 C.F.R. § 91.405(a); 

 14 C.F.R. § 91.407(a)(1); 

 14 C.F.R. § 91.409(a)(1) and (2); 

 14 C.F.R. § 91.417(a) and (b) 
Exhibit 1 

(Confidential) 
Exhibit 2 

(Confidential)