1

P ower System Evalations, LLC

VIA FDMS

January 2, 2016

U.S. Department of Transportation

Federal Aviation Administration

Docket Management System

1200 New Jersey Ave, SE

Washington, DC 20590

Re: Power System Evaluations, LLC Inc.

- Petition for Exemption

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 ( “FMRA” ) 1 and 14

C.F.R. 11, Power System Evaluations, LLC Inc. (“ P SE” ) seeks an exemption from the Federal Aviation

Regulations (“FARs”) listed below to permit commercial operation of small Unmanned Aircraft

Systems (“UAS” ) to perform various tasks including:

 aerial surveying;

 filmmaking, cinematography and videography;

 construction and mine site inspection and monitoring;

 inspection and monitoring of large equipment;

 utility

- power generation system inspection; and

 public entity support operations.

The five (5) UAS proposed for use by Power System Evaluations, LLC are the Trimble UX5; DJI

Inspire I; DJI Phantom; DJI Phantom 2; Parrot Bebop; and Hoverfly Scripta. Power System Evaluations,

LLC ’s UAS operations will be conducted under the safeguards described in this petition and as may be

further established by FAA. 2

1 Pub. L. No. 112

- 95, § 333, 126 Stat. 76.

2 In support of this petition, Power System Evaluations, LLC i ncorporates by reference the following UAS

specific user guides and manuals: (1) Trimble UX5 User Guide ; (2) DJI Inspire I User Manual ; (3&4) DJI Phantom &

Phantom2 User Manuals ; (5) Parrot Bebop User Manual ; and Hoverfly Scripta User Manual

. These manuals have

not been included as part of this Petitio n as FAA is already f amiliar with them, h aving granted a number of

e xemptions proposing use of the same UAS. See FAA

- 2015

- 1955

.2

The agency has already issued over 320 Section 333 exemptions to various commercial

enterprises for UAS applications ranging from aerial photography and precision agriculture to

construction and surface mining (the “Section 333 Grants”)

. 3 Indeed, FAA has granted at least 34

exemptions to companies specifically for construction, mining and/or utility inspections, and many

others for aerial surveying, filmmaking, cinematography and videography more generally. 4 In issuing the

Section 333 Grants, FAA found that “the enhanced safety achieved using an unmanned aircraft (UA)

with the specifications described by the petitioner gives the FAA good cause to find that the UAS

operation enabled by this exemption is in the public interest.” 5 The same public interest and safety

justifications apply to Power System Evaluations, LLC ’s petition, and should enable FAA to grant Power

System Evaluations, LLC ’s petition on an expedited basis.

s

As described more fully below, the requested exemption would permit Power System

Evaluations, LLC to operate the speci fied UAS under controlled conditions in low

- altitude airspace

that is: (1) access limited; (2) predetermined; and (3) located a sufficient distance from congested

areas and airports, and would provide safety enhancements to operations using conventional

aircraft. Power System Evaluations, LLC ’s UAS are small, weighing 55 lbs. or less fully loaded, and

under normal conditions, they will operate at speeds of 50 knots or less, and under no circumstances

will they be operated at speeds exceeding 87 knots.

I. Petitioner

Power System Evaluations, LLC is an Arkansas company that performs inspections for utilities.

Power System Evaluations, LLC now seeks to expand their services by utilizing UAS in our

operations. This new capability will, among other things, allow Power System Evaluations, LLC to

supplement or supplant human workers in performing inspections, and also substitute UAS for aerial

survey and photography services, which are currently conducted at significant expense with fixed or

rotary winged manned aircraft. The UAS we propose to fly in these applications weigh under 55 lbs.,

and carry no combustible material or people on board. This presents a significant increase in safety to

flight crew, the national airspace system (“ NAS ”)

, and people on the ground over manned fixed and

rotary winged aircraft. Performing these hazardous tasks with UAS will limit human involvement only

to those situations where physical work is required. Power System Evaluations, LLC is committed to any

measure that will put fewer lives in danger, and integrating UAS into Power System Evaluations, LLC ’s

operations will do just that.

3 See FAA, Authorizations Granted Via Section 333 Exemptions (rev. May 12, 2015),

https://www.faa.gov/uas/legislative_programs/section_333/333_authorizations/ ; see also, e.g., Exemption No.

11109 in Docket No. FAA

- 2014

- 0507 (Clayco, Inc.); Exemption No. 11286 in Docket No. FAA

- 2014

- 0960 (Balfour

Beatty Construction Services US); and Exemption No. 11227 in Docket FAA

- 2014

- 0678 (EnviroMINE, Inc.).

4 See id

.

5 See, e.g., Exemption No. 11227 at 6.3

All communications regarding Power System Evaluations, LLC ’s petition should be directed to:

Power System Evaluations, LLC Inc.

625 North First Street, Suite G

Jacksonville, Arkansas 72076

Attn : Chuck Buchan

Ph: 501

- 320

- 0222

Email: chuckbuchan@gmail.com.

II. Section 333

Power System Evaluations, LLC ’s petition is consistent with Congress’ s goal set forth in Section

333 of the FMRA, which directs the Secretary of Transportation to consider whether certain UAS may

operate safely in the NAS before completion of the rulemakings required under Section 332 of that

legislation. In making this determination, the Secretary is required to determine which types of UAS do

not create a hazard to users of the NAS or the public or pose a threat to national security in light of the

following: (1) t he UAS’s size, weight, speed, and operational capability; (2) operation of the UAS in close

proximity to airports and populated areas; and (3) operation of the UAS within visual line of sight of the

operator. 6 To implement Section 333, FAA has the authority to issue exemptions from its safety

regulations and minimum standards when the Administrator decides a requested exemption is in the

public interest. 7

Power System Evaluations, LLC ’s proposed UAS operations meet the requirements of, and

qualify for expedited approval under, Section 333. Power System Evaluations, LLC ’s UAS weigh 55 lbs.

or less, will operate at less than 400 feet above ground level (AGL) within visual line of sight (VLOS) at

speeds of no more than 50 knots.

Operations conducted under these safeguards will provide at least an equivalent level of safety

compared to the current regulatory structure. They will also provide an environmental impact benefit

over manned aircraft because Power System Evaluations, LLC ’s UAS will draw their power from

rechargeable batteries, as opposed to the hundreds of pounds of fossil fuels burned in the operation

of manned aircraft that are thousands of times heavier.

Moreover, Power System Evaluations, LLC ’s operations will not “create a hazard to users of the

national airspace system or the public or pose a threat to national security” due to the small size of

the UAS and the restricted areas in which they will operate. 8

6 FMRA § 333(a).

7 See 49 U.S.C. § 106(f) and 49 U.S.C. § 44701(f).

8 See, e.g., Exemption No. 11062 in Docket No. FAA

- 2014

- 0352 (Astraeus Aerial), at 8 ( citing FMRA §

333(b)).4

III. Regulations from Which an Exemption is Requested

Power System Evaluations, LLC requests an exemption from the following regulations to the

extent necessary to conduct the operations described in this petition:

 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)

 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)

The following subsections describe Power System Evaluations, LLC ’s request for an exemption

from each of these regulations and demonstrate how Power System Evaluations, LLC ’s operations will

provide for at least an equivalent level of safety compared to the current regulatory structure that

applies to manned aircraft.

A. 14 C.F.R. §§ 61.23(a) and (c)

– Medical certificates: Requirement and duration

Sections 61.23(a) and (c) generally require pilots of manned aircraft to hold a FAA medical

certificate in order to exercise pilot privileges. As of March 24, 2015, however, FAA determined as

matter of policy that operators holding a valid driver’s license in lieu of a third class medical certificate

may conduct commercial UAS operations under a Section 333 grant. 9 Accordingly, Power System

Evaluations, LLC requests an exemption from these provisions to the extent necessary to give Power

System Evaluations, LLC the same relief from medical certificate requirements that FAA has afforded

to over 320 other Section 333 operators via the Section 333 Grants. 10

B. 14 C.F.R. §§ 61.101(e)(4) and (5)

– Recreational pilot privileges and limitations

Sections 61.101(e)(4) and (5) prohibit a recreational pilot from acting as pilot in command of an

aircraft for compensation or hire or in furtherance of a business. Since Power System Evaluations, LLC

will be conducting its UAS operations in furtherance of its construction, mining and other services, it

requests an exemption from these provisions to the extent necessary. Power System Evaluations, LLC

notes that FAA has provided such relief to over 320 other Section 333 operators. 11

9 See, e.g., Exemption No. 11227 in Docket No. FAA

- 2014

- 0678 (EnviroMINE, Inc.), at 4, 8; see also FAA, FAA

Summary Grants Speed UAS Exemptions (Apr. 9, 2015), https://www.faa.gov/news/updates/?newsId=82485

.

10 See supra note 3.5 C. 14 C.F.R. § 61.113(a)

– Private Pilot Privileges and Limitations: Pilot in Command

Section 61.113(a) limits private pilots to conducting non

- commercial operations. FAA has

already determined, however, that a private pilot certificate is sufficient to conduct commercial UAS

flights; in fact, the agency has revised its Section 333 approval framework to allow UAS operations to be

conducted by a pilot with only a recreational or sport pilot certificate. 12

Consistent with the operating conditions and limitations specified in the Section 333 Grants,

Power System Evaluations, LLC will utilize only pilots holding a FAA airline transport, commercial, private,

recreational, or sport pilot certificate and at least a valid U.S. driver’s license

. The UAS will be operated

within VLOS of the PIC at all times, and because the area of operation will be controlled and restricted

in accordance with the safeguards contained in the Manual and the FAA

- approved conditions and

limitations described in Section VI, infra

, permitting the UAS operations as requested would provide for

the level of safety otherwise achieved through Section 61.113(a). Accordingly, grant of the requested

exemption, subject to the conditions and limitations specified herein, would not adversely affect the

safety of the NAS.

D. 14 C.F.R. § 61.315(a)

– Sport pilot certificate privileges and limits

Section 61.315(a) authorizes a sport pilot certificate holder to act as pilot in command of a light

sport aircraft, subject to certain restrictions specified in Section 61.315(c), including a prohibition on

doing so for compensation or hire or in furtherance of a business, among other restrictions. Since

Power System Evaluations, LLC will be conducting its UAS operations in furtherance of its business

purposes, it requests an exemption from this provision to the extent necessary. Power System

Evaluations, LLC notes that FAA has provide the same relief to over 320 other Section 333 operators. 13

E. 14 C.F.R. § 91.7(a)

– Civil aircraft airworthiness

Section 91.7(a) prohibits any person from operating a civil aircraft unless it is in an airworthy

condition. FAA has stated that no exemption is required for 14 C.F.R. § 91.7(a) to the extent that the

airworthiness certificate requirements of Part 21 14 are waived or inapplicable. Such airworthiness

certificate requirements are inapplicable here, insofar as Power System Evaluations, LLC ’s UAS

provides an equivalent level of safety when compared to manned aircraft, consistent with the

relevant language of the FMRA and the precedent established by the Section 333 Grants. 15

11 See supra note 3.

12 See, e.g., Exemption No. 11422 in Docket No. FAA

- 2015

- 0154 (Soar Environmental Consulting, Inc.), at 4.

13 See supra note 3.

14 FAA has concluded that no exemption from Part 21, Subpart H (Airworthiness Certificates) is needed if the

agency makes a finding under the FMRA that the UAS selected provides an equivalent level of safety when

compared to aircraft normally used for the same application. These criteria are met here, and therefore no

exemption is needed. See, e.g., Exemption No. 11062, Docket No. FAA

- 2014

- 0352 at 13

- 14, 22. But to the extent

FAA determines that there are some characteristics of Power System Evaluations, LLC ’s UAS that fail to meet the

“equivalent level of safety” requirement of the FMRA, an exemption is requested.6 F. 14 C.F.R. § 91.119

– Minimum Safe Altitudes

Section 91.119 establishes safe altitudes for operation of civil aircraft. 16 Specifically, Section

91.119(c) provides that except when necessary for takeoff or landing, no person may operate an aircraft

below an altitude of 500 feet above the surface except over open water or sparsely populated areas and

that in such cases, the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle or

structure. As detailed in the Section 333 Grants, however, FAA has determined that adherence to

certain safet y measures is sufficient to warrant an exemption for UAS operations. 17 Consistent with the

relief provided to other UAS operators via the Section 333 Grants, Power System Evaluations, LLC

requests an exemption to the extent necessary to operate below an altitude of 500 feet AGL and closer

than 500 feet to any person, vessel or structure. An equivalent level of safety will be achieved given the

size, weight and speed of Power System Evaluations, LLC ’s UAS, as well as the locations where it will be

operated.

G. 14 C.F.R. § 91.121

– Altimeter Settings

Although Section 91.121 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” and Power System Evaluations, LLC ’s UAS will not be

equipped with a typical barometric altimeter, FAA has already granted relief from this provision to

other UAS operators flying at similarly low altitudes. 18 Power System Evaluations, LLC will operate the

UAS within VLOS at or below 400 feet AGL and provide altitude information to the PIC via a digitally

encoded telemetric data feed that downlinks from the aircraft to a ground

- based on

- screen display.

The altitude information will be generated by equipment installed on the UAS, and prior to each flight a

zero altitude initiation point will be established and confirmed for accuracy by the PIC.

H. 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.” But provided certain

operational parameters are established, FAA has found that good cause exists for granting exemptions

from this provision for operations in a multitude of contexts. 19

15 See, e.g., id.

16 FAA determined in the Section 333 Grants that relief from other provisions of Section 91.119 are either

unwarranted or inapplicable. See Exemption No. 11062 at 20.

17 See, e.g., supra note 3

.

18 See id.

19 See supra note 3.7

Power System Evaluations, LLC will be operating a less than 55 pound UAS in tightly controlled

environments at speeds below 50 knots and within VLOS. Combined with the fact that Power System

Evaluations, LLC will not conduct operations unless the UAS has enough available power to complete the

intended mission and return, relief from Section 91.151(a) is warranted, in accordance with the

conditions and limitations sp ecified in Section VI, infra

.

I. 14 C.F.R. §§ 91.405(a); 91.407(a)(1); 91.409(a)(1) and (2); and 91.417(a) and (b):

Maintenance Inspections

These FAR provisions 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 that other persons shall inspect or maintain the aircraft in compliance with Part 43.

Through the Section 333 Grants, however, FAA has established safety measures for certain UAS

operations sufficient to warrant an exemption from these provisions. 20

Power System Evaluations, LLC will strictly adhere to the main tenance and inspection

requirements set forth in all operating Manual s

, which is consistent with applicable conditions and

limitations described in Section VI, infra

. These requirements include the development and

documentation of maintenance, overhaul, replacement and inspection requirements; procedures to

document and maintain maintenance records with regard to Power System Evaluations, LLC ’s UAS; and

UAS technician qualification criteria.

IV. Characteristics of Power System Evaluations, LLC ’ s UAS

All of the UAS which Power System Evaluations, LLC will operate under this proposed exemption

are small, weighing less than 55 lbs. maximum gross weight, and they will operate at 50 knots or less.

They all feature automatic return to home or flight termination procedures in the event of a loss of

controller signal or diminished battery output or capacity.

V. Unmanned Aircraft PIC

As described above, the PIC will be a FAA licensed airman with either an airline transport,

commercial, private, recreational, or sport pilot certificate, that holds a current FAA airman medical

certificate or a valid U.S. driver’s license. The PIC will also meet the flight review requirements specified

in Section 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.

VI. Operation of the Unmanned Aircraft

Power System Evaluations, LLC will conduct all flights under the requested exemption subject to

the following conditions and limitations, and as further detailed in the Manual:

20 See id

.8

A. The UAS will weigh less than 55 pounds, including payload.

B. The UAS will not be flown at a ground speed exceeding 50 knots.

C. Flights will be operated at an altitude of no more than 400 feet AGL, as indicated by the

procedures specified in the Manual. All altitudes reported to ATC will be in feet AGL.

D. The UAS will be operated within VLOS of the PIC and/or VO at all times.

E. When operations utilize a VO, the PIC will always maintain VLOS capability and the VO and PIC

will be able to communicate verbally at all times.

F. Prior to each operation, the PIC will inspect the UAS to ensure it is in a condition for safe flight.

If the inspection reveals a condition that affects the safe operation of the UAS, it will not be

operated until the necessary maintenance has been performed and the UAS is found to be in a

condition for safe flight. The GCS will also be included in the preflight inspection. All

maintenance and alterations will be documented in the UAS records.

G. Power System Evaluations, LLC will follow the manufacturer’s UAS aircraft/component,

maintenance, overhaul, replacement, inspection, and life limit requirements.

H. The PIC will possess a current FAA airman medical certificate or a valid U.S. driver’s license. The

PIC will be trained in accordance with the Manual, and will undergo training to ensure that he or

she can follow these procedures.

I. Prior to conducting commercial operations under this exemption the PIC will assess the

intended operating area, including weather and any potential obstacles, and determine

procedures in case of emergency.

J. The UAS will not be operated within 500 feet of any nonparticipating persons, vessels, vehicles,

or structures unless the PIC has made a safety assessment of the risk of operating closer to

those objects and determined that it does not present an undue hazard.

K. If the UAS loses communications or loses its GPS signal, the PIC will institute emergency

procedures in accordance with the Manual.

L. The UAS will not be operated unless it has enough available power to conduct the intended

operation and return, or with the reserve power recommended by the manufacturer, whichever

is greater.

M. Power System Evaluations, LLC will obtain a Certificate of Waiver or Authorization (COA)

prior to conducting any operations above 200 feet AGL under the exemption. 21

21 Pursuant to its new “blanket” COA, FAA will automatically grant a COA for flights at or below 200 feet to

any UAS operator with a Section 333 exemption for aircraft that weigh less than 55 pounds, operate during

daytime VFR conditions, operate within VLOS, and stay certain prescribed distances away from airports or heliports.

See FAA, FAA Streamlines UAS COAs for Section 333 (rev. Mar. 24, 2015),

https://www.faa.gov/news/updates/?newsId=82245

. This blanket COA allows flights anywhere in the country9

N. All UAS operated in accordance with this exemption will be identified by serial number,

registered in accordance with 14 C.F.R. Part 47, and have identification (N

- Number) markings in

accordance with 14 C.F.R. Part 45, Subpart C. Markings will be as large as practicable.

O. Power System Evaluations, LLC has developed procedures to document and maintain a

record of the UAS maintenance, preventative maintenance, alterations, status of

replacement/overhaul component parts, and the total time in service of the UAS, as

reflected in the Manual.

P. Each UAS operated under this exemption will comply with all manufacturer Safety Bulletins.

Q. The preflight inspection section described in the Manual will account for all discrepancies ( i.e

., inoperable components, items, or equipment).

R. Power System Evaluations, LLC ’s use of radio frequency spectrum for operation and control of

the UAS will comply with the Federal Communications Commission (FCC) or other appropriate

agency requirements.

S. The documents required under Sections 91.9 and 91.203 will be available to the PIC at the GCS

of the UAS any time the aircraft is operating. These documents will be made available to FAA or

any law enforcement official upon request.

T. The UAS will remain clear and yield the right of way to all manned operations and activities at all

times.

U. UAS operations will not be conducted at night, as defined in Section 1.1. All operations will be

conducted under visual meteorological conditions (VMC).

V. The UAS will not be operated from any moving device or vehicle.

W. The UAS will not be operated less than 500 feet below or less than 2,000 feet horizontally from a

cloud or when visibility is less than three statute miles from the PIC.

X. The UAS will not operate within five nautical miles of an airport reference point (ARP) as

denoted in the current FAA Airport/Facility Directory (AFD) or for airports not denoted with an

ARP, the center of the airport symbol as denoted on the current FAA

- published aeronautical

chart, unless a letter of agreement with that airport’s management is obtained or otherwise

permitted by a COA issued to Power System Evaluations, LLC

. The letter of agreement with the

airport management will be made available to FAA and any law enforcement official upon

request.

Y. Any accident, or flight operation that transgresses the lateral or vertical boundaries of the

operational area defined by the applicable COA will be reported to FAA’s UAS Integration Office

(AFS

- 80) within 24 hours and the National Transportation Safety Board (NTSB), as applicable

.

except restricted airspace and certain other prohibited areas, and FAA automatically issues it at the time the

exemption is approved. Id

. To the extent Power System Evaluations, LLC will be operating above 200 ft. AGL at any

of its UAS sites, it will apply for a COA authorizing it to do so.10

VII. Public Interest

Authorizing Power System Evaluations, LLC to conduct commercial operations using UAS under

the conditions specified herein would bring immediate and significant safety improvement to the

energy and other industries. Power System Evaluations, LLC ’s UAS would be used to conduct inspections

and perform other key functions in a manner that provides at least an equivalent level of safety

compared to the current regulatory structure that applies to manned aircraft. 22

Conventional inspections require human beings to visually observe and analyze the physical status

of various equipment and surrounding conditions. By replacing these perilous tasks with UAS flights,

Power System Evaluations, LLC can identify and analyze any equipment or areas that require attention

without subjecting a human to the attendant risks.

VIII. Conclusion

Given the small size of

Power System Evaluations, LLC ’s UAS and the restricted environments

where they will operate, Power System Evaluations, LLC falls squarely within the type of operations that

Congress intended be authorized pursuant to Section 333. Power System Evaluations, LLC ’s proposed

UAS operations are similar in all material respects to the operations authorized under the Section 333

Grants, including several covering nearly identical types of operations

–

and should be approved on an

expedited basis. Based on the clear direction from Congress, the authority contained in the FMRA; the

well-established equivalent level of safety present in Power System Evaluations, LLC ’s proposed

operations; the significant public benefits associated with using UAS to perform the proposed

operations; and FAA’s recent determinations in the Section 333 Grants, grant of Power System

Evaluations, LLC ’s petition is in the public interest. Accordingly, Power System Evaluations, LLC

respectfully requests that FAA grant it an exemption without delay.

Very truly yours,

Power System Evaluations, LLC Inc.

625 North First Street, Suite G

Jacksonville, Arkansas 72076

____________________________

By: Chuck Buchan

22 See Exemption No. 11062 at 22.