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Mark E. McKinnon

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Dane B. Jaques

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Matthew J. Clark

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mclark@mckennalong.com

djaques@mckennalong.com

March 17, 2014

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

Re: Petition of Pacific Gas and Electric Company, for an Exemption Pursuant to 

Section 333 of the FAA Modernization and Reform Act of 2012

To Whom it May Concern:

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

Act") and 14 C.F.R. Part 11, Pacific Gas and Electric Company (hereinafter "PG&E" or 

"Petitioner") hereby applies for an exemption from the Federal Aviation Regulations ("FARs") 

identified below, to allow commercial operation of small unmanned aerial vehicles (i.e., "small 

unmanned aircraft" or "UAS") for the purpose of conducting aerial surveys, inspections and 

patrols of its power-generation, electric and natural gas transmissions/distribution, and related

facilities.

This exemption is made based on information outlined in this Petition for Exemption, as 

well as the operational requirements set forth in PG&E's UAS Operations Manual (hereinafter 

"PG&E's Ops Manual"). PG&E submits this Ops Manual as a confidential document pursuant to 

14 C.F.R. § 11.35(b), as the material contains confidential commercial and proprietary 

information that PG&E has not and will not share with others. Additionally, these documents 

contain operating conditions and procedures that are not generally available to the public and are 

protected from release under the Freedom of Information Act, 5 U.S.C. § 552 et seq., and any 

other requirements established by the FAA pursuant to Section 333 of the Reform Act.
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March 17, 2014

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For your convenience, this Petition for Exemption is organized as follows:

I. Description of Petitioner

II. Description of Proposed Operation

A. Inspection and Patrol of PG&E Facilities and Infrastructure

B. Precision Aerial Surveys and Inspections

C. Inventory Assets in PG&E Storage Yards 

III. Relevant Statutory Authority

IV. PG&E's Proposed UAS Operations Meet the Requirements of Section 333 of the Reform 

Act

A. Approval is Warranted Based on the UAS's Size, Weight, Speed, and 

Operational Capability

B. Approval is Warranted Based on the Operational Restrictions Set Forth in 

the PG&E UAS Operations Manual

V. Regulations From Which Exemption is Requested

A. 14 C.F.R. Part 21, Subpart H – Airworthiness Certificates and 14 

C.F.R. § 91.203

B. 14 C.F.R. Part 27 Airworthiness Standards: Normal Category 

Rotorcraft

C. 14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness

D. 14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft and 14 

C.F.R. § 91.203(a) and (b): Carrying Civil Aircraft Certification and 

Registration

E. 14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a): Aircraft Marking and 

Identification Requirements

F. 14 C.F.R. § 91.103: Preflight Action

G. 14 C.F.R. § 91.109(a): Flight Instruction

H. 14 C.F.R. § 91.119 (b) and (c): Minimum Safe Altitudes

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

J. 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR 

Conditions 

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

Maintenance Inspections

L. 14 C.F.R. § 61.113: Private Pilot Privileges And Limitations

VI. Public Interest

VII. Privacy

VIII. Federal Register Summary

IV. Conclusion
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I. DESCRIPTION OF PETITIONER

Since 1905, PG&E has operated as a public utility corporation furnishing electric and gas 

services today to over 16 million people in PG&E’s northern and central California service 

territory. PG&E delivers energy to approximately 5.4 million electric and 4.3 million natural gas 

households and businesses 24 hours a day, making it one of the largest utility providers in the 

United States. 

The PG&E service territory extends from far northern California in Eureka, to 

Bakersfield in the south, and from the Pacific Ocean in the west to the Sierra Nevada Mountains 

in the east. PG&E’s service territory is vast, and includes environmental and culturally sensitive 

geography, and extremes of weather, population density and geology. These extremes present 

challenges to PG&E in the management and operation of its assets while maintaining the 

company’s responsibilities to its employees, the public, and the California environment under 

PG&E’s charter to provide safe, reliable, clean and affordable energy service. UAS vehicles will 

help PG&E lessen its impact on sensitive areas, increase public and employee safety, and lead to 

improved reliability and lower overall customer costs.

The acquisition, production, and delivery of energy involve both Electric and Gas 

Operations units. Electric Operations includes Energy Procurement and Power Generation: the 

acquisition and production of electric power and the management of extensive hydroelectric 

resources that include much of the state’s principal water collection and storage facilities, and,

Electric Transmission and Distribution: the transfer of that electricity to and among wholesale 

and retail electric customers. Gas Operations involves acquiring natural gas and transferring it to 

retail end-users, storage, generation assets, or to wholesale customers.

PG&E manages a diverse portfolio of Utility Owned Generation (“UOG”) and contracted 

(“Non-UOG”) generation that supply power to serve PG&E’s electric load and Ancillary Service 

requirements and other power needs throughout California and the western United States. 

PG&E’s current UOG mix consists of 109 hydro generators, two natural gas-fired combined 

cycle power plants , two nuclear generators, ten reciprocating engine generators, as well as two 

fuel cell sites, and 10 photovoltaic solar generator facilities, and hundreds of Non-UOG 

conventional and renewable generators and power contracts. 
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PG&E’s hydro generation facilities are supported by over 400 miles of canals, flumes, 

penstocks and tunnels (“Conveyances”) that move water to and between powerhouses from 

water storage facilities located throughout the 140,000 acres comprising PG&E's hydro lands. 

Many of these conveyance facilities are remotely located high in the Sierra Nevada Mountains, 

although others are rural, suburban, and within city limits throughout the foothills and mountains 

of Northern California. PG&E’s Power Generation Safety, Asset Management, Compliance, and 

Operations and Maintenance organizations have key responsibilities in assuring the continued 

safe, reliable and affordable production of most of the electricity generated in Northern 

California. Inspections are performed on these electric power generation and appurtenant 

facilities and lands year-round using a combination of aerial, vehicular, and foot patrols. Many 

facilities are located in remote locations with terrain that is steep, slippery, or otherwise 

hazardous to access by personnel and equipment. Regardless, these facilities must be inspected 

despite challenges posed by accessibility-limiting factors such as ice, snow and rain.

PG&E’s photovoltaic generation sites are prime candidates for close-in visual and 

infrared overflights that provide inspection efficiencies in identifying problematic solar panels, 

strings, or cells. Currently, such inspections must be performed by maintenance personnel 

walking tens of acres of solar panels. Aerial overflights will help pinpoint potential problem 

areas and help maintenance personnel focus their activities.

Electric Transmission and Distribution Operations operates and maintains approximately 

136,000 miles of high voltage electric lines and of related facilities located throughout PG&E’s 

service area. As with hydro facilities, transmission and distribution facilities are inspected yearround using a combination of air, vehicular, and foot patrols. These facilities often originate at 

power generation facilities and follow utility rights-of-way corridors from and through remote 

areas to local and regional load centers and through low to very high population density areas. 

Electric facilities have similar inspection challenges to those found with water conveyances in 

terms of accessibility and hazardous locations, but are also generally energized with high voltage 

electricity and are often a hundred or more feet above the ground.

Gas Operations manages PG&E’s 6,750 miles of natural gas transmission pipelines and 

related facilities located throughout and beyond PG&E’s service territory. These facilities 

originate at regional hubs and terminate either at generation or storage facilities, or at points of 

distribution interconnections. As with hydro and electric transmission, gas transmission facilities 

traverse the countryside and include both in-ground and above-ground assets such as valves, 

compressor stations and interconnections. This presents inspection-related challenges, again, 

similar to electric generation and transmission.
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PG&E's Aviation Services department within its Transportation Services organization 

plays a critical role in meeting these safety initiatives. Among other things, PG&E currently 

conducts powerline and pipeline inspections and patrols using helicopters, as well as monitoring 

PG&E hydro-electric facilities, including snowpack surveys, flume and ditch patrols, as well as 

visual inspections of penstocks and inverted siphons. UAS vehicles will augment the current 

aerial inspection fleet.

PG&E initially intends to utilize still and video visible and infrared sensors on UAS 

vehicles to augment current inspection and patrol methods, and expects later to deploy LiDAR

(Light Detection and Radar), leak detection, and other relevant sensors. UAS vehicles may also 

fulfill a role in PG&E’s emergency preparedness and operations functions in the event of natural 

disaster or other emergency incidents, and in physical security monitoring of critical facilities.

PG&E will supplement its current asset inspection and assessment practices with UAS 

vehicles to reduce human, geologic, and asset-related hazards and safety risks, increase patrol 

frequency in difficult-to-reach locations that present substantial inspection-related hazards and 

safety risks, and will collect data using methods and sensors not presently available to current 

patrol methods, and with a proximity not available from other available aerial and terrestrial 

vehicles or foot patrols. 

PG&E is dedicated to developing innovative safety initiatives that will allow it to meet all

regulatory licensing requirements. Small UASs offer a safer, more affordable and more 

environmentally friendly way to perform certain utility infrastructure inspections and patrols and 

aerial surveys. Accordingly, PG&E seeks the following exemption to allow commercial use of 

small UASs as described in this Petition for Exemption. 

In accordance with 14 C.F.R. § 11.81(a), PG&E provides the following information in 

support of its Petition for Exemption. 

The contact information for Petitioner is as follows:

Ann Kim

Lead Counsel, Electric Operations

Pacific Gas and Electric Company

Law Department

77 Beale Street

San Francisco, CA 94105

Phone: (415) 973-7467

Fax: (415) 973-0516

Email: AHK4@pge.com
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II. DESCRIPTION OF PROPOSED OPERATION

A. Inspection and Patrol of PG&E Facilities and Infrastructure 

PG&E intends to use small UAS weighing less than 55 pounds for the purpose of 

conducting inspections, surveys and patrols of power-generation, and electric and gas 

transmission/distribution facilities and associated lands and infrastructure that PG&E owns or 

controls, including: 

 Electric Power Transmission/Distribution;

 Natural Gas pipelines;

 Electric power generation plants, and;

 Water storage and conveyances associated with hydroelectric generation facilities.

All UAS operations will occur under tightly controlled conditions on properties that are 

either owned, controlled or licensed by PG&E or on properties on which PG&E has easements or 

landowner written permission granting PG&E the right to conduct inspections. These properties

are largely located in remote or rural areas of California, away from people or crowds. The 

proposed UAS operations will be conducted in accordance with the conditions and limitations of 

this Petition for Exemption and PG&E's Ops Manual. In addition, PG&E intends to use UASs to 

conduct initial and recurrent training of its Pilots and Visual Observers (“VOs”), as required by 

the PG&E Ops Manual. Lastly, PG&E intends to conduct functional test flights following UAS 

maintenance or replacement of flight critical components to ensure the aircraft is in a condition 

safe for operation. Both training and test flights will only occur in controlled and sterile 

environments as required by the PG&E Ops Manual.

B. Precision Aerial Surveys and Inspections

 

PG&E also intends to use UAS weighing less than 55 pounds for the purpose of 

conducting precision aerial surveys and inspections of land associated with PG&E's facilities and 

infrastructure. The purpose of these aerial surveys will be to collect valuable information by 

mapping the geography and terrain of land that is within close proximity to, and which could 

potentially impact PG&E's facilities and infrastructure. Like PG&E's facilities and 

infrastructure, this land is largely located in remote or rural areas of California, away from 

people or crowds. As required by PG&E's Ops Manual, aerial surveys will occur under tightly 

controlled condition and will be limited to properties that are either owned, controlled, or 

licensed by PG&E or on properties on which PG&E has easements or landowner written 

permission granting PG&E the right to conduct aerial surveys. 
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C. Inventory Assets in PG&E Storage Yards

PG&E also intends to use UAS weighing less than 55 pounds for the purpose of taking 

inventory of PG&E assets located on PG&E owned property across the storage yards. PG&E 

will use RFID tag detection as the tool for performing inventory assessments. As required by 

PG&E's Ops Manual, aerial inventory will occur under tightly controlled conditions and will be 

limited to PG&E owned property.

III. RELEVANT STATUTORY AUTHORITY

This Petition for Exemption is submitted pursuant to Section 333(a) through (c) of the 

FAA Modernization and Reform Act of 2012 ("Reform Act"). Congress has directed the FAA 

"to safely accelerate the integration of civil unmanned aircraft systems into the national airspace 

system." Pursuant to Section 333 of the Reform Act, the FAA Administrator is to permit 

unmanned aircraft systems to operate in the national airspace system (“NAS”) where it is safe to 

do so, based on the following considerations:

 The UAS's size, weight, speed and operational capability;

 Operation of the UAS in close proximity to airports and populated areas; and

 Operation of the UAS within the Visual Line-Of-Sight ("VLOS") of the Pilot and 

VO.

Additionally, the FAA Administrator has general authority to grant exemptions from the 

agency's safety regulations and minimum standards when the Administrator decides a requested 

exemption is in the public interest. See 49 U.S.C. § 106(f) (defining the authority of the 

Administrator); 49 U.S.C. § 44701(f) (permitting exemptions from §§ 44701(a), (b) and 

§§ 44702 – 44716, et seq.). A party requesting an exemption must explain the reasons why the 

exemption: (1) would benefit the public as a whole, and (2) would not adversely affect safety (or 

how it would provide a level of safety at least equal to the existing rules). See 14 C.F.R. § 11.81 

(petitions for exemption).
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March 17, 2014

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IV. PG&E'S PROPOSED UAS OPERATIONS MEET THE REQUIREMENTS OF SECTION 333 OF 

THE REFORM ACT

PG&E's proposed operations in this Petition for Exemption qualify for expedited 

approval pursuant to Section 333 of the Reform Act as each of the statutory criteria and relevant 

factors are satisfied1.

A. Approval is Warranted Based on the UAS's Size, Weight, Speed, and 

Operational Capability

PG&E will employ UAS that meet the following characteristics to perform the operations 

described in this Petition for Exemption:

 The UAS will weigh less than 55 pounds, including energy source(s), equipment and 

payloads;

 The UAS will not be flown at a ground speed exceeding 20 mph;

 The UAS will not be flown at an altitude that exceeds 400 feet Above Ground Level 

(“AGL”), unless the height of a structure being inspected exceeds 400 feet AGL. Under 

such circumstances, flights will be limited to 50 feet above the highest point of the 

structure;

 All UAS flights will be flown in such a way that they can be safely terminated with a 

reserve battery power of 25 percent of the battery's maximum charge;

 Altitude information will be generated by equipment onboard the UAS as specified using 

GPS triangulation, digitally encoded barometric altimeter, radio altimeter, or any 

combination thereof. This information, along with other real-time flight data, including, 

ground speed, heading, direction, remaining battery life, and any applicable warnings will 

be transmitted to the Pilot via telemetric data feed, which downlinks from the UAS to a 

ground-based-on-screen display on the controller or ground control station.

 

1

The FAA has issued a grant of exemption in circumstances similar in all material respects to 

those presented by PG&E in this Petition for Exemption, including: Chevron USA, Inc. 

(Exemption No. 11176), Commonwealth Edison Company (Exemption. No. 11185), Aetos 

Group, Inc. (Exemption No. 11209) and Sky-Futures USA, Inc. (Exemption No. 11208). 
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 The UAS will have failsafe system redundancies and independent functionality to ensure 

the overall safety and predictability of the system. If connection to the remote control or 

ground control station is lost, failsafe systems will permit the UAS to return to a 

predetermined location and safely land without injury or damage.

 The radio frequencies used for operations and control of the UAS will comply with the 

Federal Communications Commission ("FCC") or other appropriate government 

oversight agency requirements. 

B. Approval is Warranted Based on the Operational Restrictions Set Forth in

the PG&E UAS Operations Manual

Together, PG&E's Ops Manual and the Manufacturer's Manual2for the selected UAS will 

contain all of the procedures and limitations necessary to successfully perform the operations 

specified in this Petition for Exemption. To assist the FAA in making a safety assessment of 

PG&E's proposed operations, below is a summary of operational limitations and conditions 

which will ensure an equivalent or higher level of safety to operations conducted under current 

regulatory guidelines:

1. The UAS will weigh less than 55 pounds, fully loaded. 

2. Flights will occur within the visual-line-of sight of the Pilot and Visual Observer.

3. Maximum total flight time for each operational flight will be limited to 25 percent

reserve battery power remaining.

4. Flights will be operated at an altitude of no more than 400 feet AGL and will not be 

conducted within navigable controlled airspace without prior written authorization 

from the FAA.

5. Flights will be operated at a lateral distance of at least 500 feet from any persons, 

inhabited structures, vehicles or vessels that are not involved in the inspection unless 

permission has been received and appropriate waivers have been signed by the 

persons or property owners in advance.

6. Flights will be limited to a speed of 20 mph.

 

2

The term "Manufacturer's Manual" includes all relevant manufacturer publications, including, 

but not limited to: operations and flight manuals, user guides, component maintenance manuals, 

pilot training manuals, service information letters and, safety/service bulletins. 
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7. The UAS will be operated and maintained in accordance with the requirements of 

the UAS Manufacturer's Manuals and PG&E’s Ops Manual.

8. Prior to the operation, the flights will be fully preplanned and briefed, including, 

among other things, possible contingencies, emergency procedures, flight 

crewmember roles and responsibilities, and Air Traffic Control ("ATC") 

communication procedures. 

9. PG&E will obtain an Air Traffic Organization ("ATO") issued Certificate of Waiver 

or Authorization, otherwise known as a COA, prior to conducting any operations 

under this grant of exemption. This COA will require PG&E to request a Notice to 

Airman ("NOTAM") with an appropriate ATC facility between 48 and 72 hours 

before the flight. 

10. All required permissions and permits will be obtained from territorial, state, county or 

city jurisdictions, including local law enforcement, fire or other appropriate 

governmental agencies.

11. If the UAS loses communication with the Pilot, it will have the capability to

return to the sterile area home launch location or a pre-determined safe abort location. 

12. Contingency plans will be in place to safely terminate flight if there is a loss of 

communication between the Pilot and VO(s).

13. The UAS will have the capability to abort flight in the case of unpredicted obstacles 

or emergencies.

14. The Pilot of the UAS will have at least a Private Pilot Certificate and at least a current 

Class III Medical Certificate.

15. VO(s) will have a current Class III Medical Certificate.

16. All UAS operations will occur in daylight, under VFR conditions. IFR flights are 

prohibited and no flights will occur at night, or in adverse weather conditions.

17. The radio frequency spectrum used for operation and control of the UA will comply 

with FCC or other appropriate government oversight agency requirements. 

V. REGULATIONS FROM WHICH EXEMPTION IS REQUESTED

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. 

This statutory authority, by its terms, includes exempting civil aircraft, as the term is defined 
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March 17, 2014

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under § 40101 of the Act, including UASs, from its safety regulations and minimum standards 

when the Administrator decides a requested exemption is in the public interest.3

PG&E seeks an exemption from several interrelated provisions of 14 C.F.R. Parts 21, 45, 

61 and 91 for purposes of conducting the requested operations using UAS. Listed below are: (1) 

the specific sections of 14 C.F.R. for which exemption is sought, and; (2) the operating 

procedures and safeguards that Petitioner has established which will ensure a level of safety 

better than or equal to the rules from which exemption is sought.4

A. 14 C.F.R. Part 21, Subpart H – Airworthiness Certificates and 14 C.F.R. §

91.203(a)(1)

The FAA has stated that no exemption is needed from this section if a finding is made 

under the Reform Act that the UAS selected provides an equivalent level of safety when 

compared to manned aircraft normally used for the same application. These criteria are met, and 

therefore no exemption is needed. See, e.g., In the Matter of the Petition of Astraeus Aerial, 

Grant of Exemption No. 11062 (Sep. 25, 2014), Docket No. 2014-0352, at 13-14, 22. If, 

however, the FAA determines that there are some characteristics of the UAS that fail to meet the 

requirements of the Reform Act, an exemption is requested.

Equivalent Level of Safety

The UASs that PG&E will use are safe when taking into account their size, weight, 

speed, and operational capability. As set forth in Section IV(B), supra, the UAS will weigh less 

than 55 pounds and will be flown at less than 20 mph in sterile environments and completely 

outside controlled airspace. Additionally, the UASs carry neither a pilot nor passengers, carry no 

explosive materials and/or flammable liquid fuels, and operate exclusively within the parameters 

stated in PG&E's Ops Manual. 

Operations conducted under this exemption will be closely controlled and monitored by 

the operator and will be conducted in compliance with local public safety requirements, to 

provide security for the area of operation. PG&E will also provide the FAA with advance notice 

 

3

See 49 U.S.C. § 44701(f) (authorizing the grant of exemptions from requirements of regulations 

prescribed pursuant to Sections 44701(a) and (b) and Sections 44702 - 44716).

4

See 14 C.F.R. § 11.81(e), which requires a petition for exemption to include:

The reasons why granting the exemption would not adversely affect safety, or how 

the exemption would provide a level of safety at least equal to that provided by the 

rule from which you seek exemption.
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of all operations via NOTAMs. In all cases, the UAS operated under the proposed conditions, 

will be at least as safe as, or safer than conventional rotorcraft operating with an airworthiness 

certificate without the restrictions and conditions of the proposed UAS operations.

Further, the UAS does not need a means to communicate with other aircraft or ATC, 

because those capabilities will be possessed by the Pilot and VO, who are not onboard the UAS. 

See Grant of Exemption, Docket FAA-2014-0352 at 13. In addition, the UAS will be operated at 

all times in VLOS and in VFR conditions. Id. 

B. 14 C.F.R. Part 27 Airworthiness Standards: Normal Category 

Rotorcraft

Title 14 C.F.R. Part 27 sets forth the procedural requirements for airworthiness 

certification of normal category rotorcraft. To the extent the Petitioner's UAS would otherwise 

require certification under Part 27, Petitioner seeks an exemption from Part 27's airworthiness 

standards for the same reasons identified in the request for exemption from 14 C.F.R. Part 21, 

Subpart H, supra.

C. 14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness

Inasmuch as there will be no airworthiness certificate issued for the UAS Petitioner 

intends to use, PG&E seeks an exemption from 14 C.F.R. § 91.7(a), which requires that a civil 

aircraft be in airworthy condition to be operated. The FAA has stated that no exemption is 

required for 14 C.F.R. § 91.7(a) to the extent that the requirements of Part 21 are waived or 

found inapplicable. See Grant of Exemption, Docket FAA-2014-0352 at 13-14, 22. 

Accordingly, Petitioner requests that the requirements for § 91.7(a) be treated in accordance with 

Section V(A), supra.

D. 14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft and 14 

C.F.R. § 91.203(a) and (b): Carrying Civil Aircraft Certification and 

Registration

Title 14 C.F.R. § 91.9(b)(2) and § 91.203(a) and (b) require the operator to carry 

airworthiness documents and other aircraft manuals onboard the aircraft. Pursuant to 14 C.F.R. § 

91.9(b)(2):

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

...

(2) For which an Airplane or Rotorcraft Flight Manual is required by § 21.5 of 

this chapter, unless there is available in the aircraft a current approved Airplane

or Rotorcraft Flight Manual, approved manual material, markings, and placards, 

or any combination thereof.
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Pursuant to 14 C.F.R. § 91.203(a) and (b):

(a) Except as provided in § 91.715, no person may operate a civil aircraft unless it 

has within it the following:

(1) An appropriate and current airworthiness certificate...

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

required by paragraph (a) of this section or a special flight authorization issued 

under § 91.715 is displayed at the cabin or cockpit entrance so that it is legible to 

passengers or crew.

Given the small size and configuration of the UAS, it would be impossible to keep 

airworthiness documents and other aircraft manuals on board the UAS because there is simply no 

room and the UAS has no cabin or cockpit. 

Equivalent Level of Safety

In an FAA Office of Chief Counsel's Opinion dated August 8, 2014, and prepared by 

Dean E. Griffith, Attorney, AGC-220, it was acknowledged that the intent of 14 C.F.R. 91.9(b) 

and 91.203(a) and (b) is met if the Pilot of the unmanned aircraft has access to the UAS flight 

manual, registration certificate, and other required documents from the ground control station 

from which he or she is operating the aircraft.5 As this FAA Office of Chief Counsel Opinion 

clarifies, the intent of the rule is to ensure the Pilot has access to these key documents during 

flight. Therefore, an equivalent level of safety will be achieved by ensuring that the Pilot has 

access to the documents at the ground control station from which he or she is piloting the UAS. 

E. 14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a): Aircraft Marking and 

Identification Requirements

PG&E seeks an exemption from the aircraft marking and identification requirements 

contained in 14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a).

 14 C.F.R. § 91.9(c), Civil Aircraft Flight Manual, Marking and Placard requirements, 

provides that:

 

5 Memorandum from Mark Bury, FAA Assistant Chief Counsel for International Law, 

Legislation and Regulation, to John Duncan, FAA Flight Standards Service (Aug. 8, 2014); see 

also id. at 16-18. 
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No person may operate a U.S.-registered civil aircraft unless that aircraft is 

identified in accordance with Part 45 of this chapter.

 14 C.F.R. § 45.23(b), Markings of the Aircraft, states:

When marks include only the Roman capital letter "N" and the registration 

number is displayed on limited, restricted or light-sport category aircraft or 

experimental or provisionally certificated aircraft, the operator must also 

display on that aircraft near each entrance to the cabin, cockpit, or pilot 

station, in letters not less than 2 inches nor more than 6 inches high, the 

words "limited," "restricted," "light-sport, "experimental," or "provisional," 

as applicable.

 14 C.F.R. § 45.27(a), Rotorcraft, states:

Each operator of a rotorcraft must display on that rotorcraft horizontally on 

both surfaces of the cabin, fuselage, boom, or tail the marks required by 

§ 45.23.

In a previous Grant of Exemption, the FAA determined that exemption from these 

requirements was warranted provided that the aircraft "have identification (N-Number) markings 

in accordance with 14 C.F.R Part 45, Subpart C if the markings are as large as practicable." 

FAA Docket No. FAA-2014-0352.

Equivalent Level of Safety

All UAS flown by PG&E will bear N-number markings that are as large as practicable in 

accordance with 14 C.F.R. Part 45, Subpart C.6 

F. 14 C.F.R. § 91.103: Preflight Action

PG&E seeks an exemption from 14 C.F.R. § 91.103, which requires a Pilot to become 

familiar with specific information before each flight, including information contained in the 

FAA-approved Flight Manual on board the aircraft. While the Pilot will be familiar with all 

information necessary to safely conduct the flight, an exemption is requested to the extent that an 

FAA-approved Flight Manual is required.

 

6

See, e.g., FAA Docket No. FAA-2014-0352, at 14. 
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Equivalent Level of Safety

An equivalent level of safety will be provided by following PG&E's Ops Manual and the 

Manufacturer's Manual. The Pilot will perform a series of checklists designed to identify any 

defects or inoperable components in accordance with PG&E's Ops Manual, including checklists 

covering Pre-Flight, Launch, Landing, and Post-Flight procedures. The Pilot will also be 

required to review potential local hazards to flight operations, and to equipment, structures,

vehicles or personnel, and to review weather, flight requirements, battery charge, and landing 

and takeoff distance and locations, UAS performance data, and contingency landing areas—

before initiation of flight. PG&E's Ops Manual and the Manufacturer's Manuals (and any other 

relevant manufacturer publications) will be kept at the ground control station and will be 

accessible to the Pilot at all times while operating the UAS.

G. 14 C.F.R. § 91.109(a): Flight Instruction

PG&E seeks an exemption from 14 C.F.R. § 91.109(a), which provides that "[n]o person 

may operate a civil aircraft (except a manned free balloon) that is being used for flight

instruction unless that aircraft has fully functioning dual controls." UASs and remotely piloted

aircraft, by their design, do not have functional dual controls. Instead, flight control is

accomplished through the use of a device that communicates with the UAS via radio 

communications. Accordingly, an exemption will be required for the flight instruction 

requirements of 14 C.F.R. § 91.109(a). 

Equivalent Level of Safety

PG&E will evaluate the qualifications of its Pilots based on their experience with the 

UAS to be operated, which will be verified through testing, in lieu of formalized training. Given 

the size and speed of the UAS that PG&E intends to use, an equivalent level of safe training can 

still be performed without dual controls because no pilot or passengers are aboard the UAS, and 

as required by PG&E's Ops Manual, all persons will be a safe distance away in the event that the 

UAS experiences any difficulties during flight instruction. Moreover, as required by PG&E's 

Ops Manual, all Pilot and VO training and instruction will occur in a controlled and sterile 

environment on property owned and controlled by PG&E, and where access by unauthorized 

persons will be strictly prohibited. As a whole, the restrictions placed on flight instructions in 

PG&E's Ops Manual ensure a level of safety better than or equal to the rules from which 

exemption is sought.
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H. 14 C.F.R. § 91.119 (b) and (c): Minimum Safe Altitudes

Given the nature of the proposed operations, PG&E will require an exemption from the 

minimum safe altitude requirements of 14 C.F.R. § 91.119 (b) and (c).

7

 Section 91.119(c)

prescribes the minimum safe altitudes under which aircraft may not operate, including 500 feet 

above the surface and away from any person, vessel, vehicle, or structure in non-congested 

areas.8Section 91.119(b) provides that an aircraft may not operate "over any congested area of a 

city, town, or settlement, or over any open air assembly of persons, an altitude of 1,000 feet 

above the highest obstacle within a horizontal radius of 2,000 feet of the aircraft."

An exemption is required because the proposed UAS operations will normally need to 

occur below 400 feet AGL. In circumstances where the UAS is used to inspect a structure whose 

height exceeds 400 feet AGL, the UAS will not be operated more than 50 feet above the highest 

point on the structure. Additionally, due the nature of the proposed operations, the Pilot and/or 

VO(s) may need to be less than 500 feet away from the UAS. 

Equivalent Level of Safety

Compared to flight operations with rotorcraft weighing far more than the maximum 

weight proposed herein, and given the lack of flammable fuel with the UASs, any risk associated 

with these operations is far less than those that presently exist with conventional manned aircraft. 

An equivalent level of safety will be achieved given the size, weight, and speed of the UASs, as 

well as the controlled and sterile location where the operations will occur. In order to avoid any 

risk to manned aircraft, flight operations will be restricted to 400 feet AGL or below, or when 

inspecting a structure whose height exceeds 400 feet AGL, within 50 feet above the highest point 

on that structure. As set forth in PG&E's Ops Manual, the UASs will be operated in a sterile area

that is owned and/or controlled by PG&E. These conditions and limitations will ensure that the 

proposed UAS operations are performed in a manner that protects the safety of participants, nonparticipants, the UAS and other property. As a whole, these requirements ensure a level of 

safety better than or equal to the rules from which exemption is sought 

 

7 Relief from § 91.119(a) will not be necessary because Petitioner will be able to perform an 

emergency landing without undue hazard to persons or property on the ground in the event of a 

failure. See e.g., Grant of Exemption No. 11157 to Slugwear, Inc., dba Likeonatree Aerial 

(FAA-2014-0534 at 15).

8

See 14 C.F.R. § 91.119(c).
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I. 14 C.F.R. § 91.121: Altimeter Settings

This petition seeks an exemption from 14 C.F.R. § 91.121, which requires a person 

operating an aircraft to maintain cruising altitude or flight level by reference to an altimeter that 

is set to the elevation of the departure airport or barometric pressure. An exemption is required 

to the extent that the UASs do not have a barometric altimeter, but rather a GPS altitude read 

out.

Equivalent Level of Safety 

The FAA has stated that an equivalent level of safety to the requirements of 14 C.F.R. § 

91.121 can be achieved in circumstances where: (1) the UASs will be operated at 400 feet AGL 

or below, (2) within VLOS, (3) where GPS based altitude information is relayed in real time to 

the operator at a ground-based on-screen display and, (4) where prior to each flight, a zero 

altitude initiation point is established for the Pilot to confirm accuracy of the onboard GPS.9 

The UASs that PG&E uses for performing the proposed UAS operations will meet all 

these operational characteristics. Moreover, as required by PG&E's Ops Manual, the Pilot will 

be required to calibrate the UA's GPS compass prior to each flight operation. Like the Grant of 

Exemption to Astraeus Aerial, the UASs PG&E intends to use, and the safety mitigation 

procedures contained in PG&E's Ops Manual, both ensure that an equivalent level of safety will 

be achieved, and a grant of exemption to the requirements of § 191.121 is therefore appropriate.

J. 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR 

Conditions 

PG&E requests an exemption from 14 C.F.R. § 91.151(a)'s fuel requirements for flight in 

VFR conditions. Section 91.151(a) states:

(a) No person may begin 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 current state of technology in modern lithium-ion batteries used to power UAS do 

not have sufficient capacity to permit meaningful flight operations, while at the same time 

 

9

See Grant of Exemption to Astraeus Aerial, Docket No. FAA-2014-0352 at 21. 
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maintaining a 30 minute battery reserve. An exemption from the fuel requirements of 14 C.F.R. 

§ 91.151(a) is therefore required. 

Equivalent Level of Safety

The FAA has stated that an equivalent level of safety can be achieved by requiring that 

each UAS operation be completed within 30 minutes flight time or with 25 percent battery power 

remaining, whichever occurs first.10 PG&E's Ops Manual includes a similar restriction which 

requires UAS flight operations to be terminated once the battery reserve reaches 25 percent of 

the battery's maximum charge. 

The UASs that PG&E will use under this grant of exemption will include low battery 

warning system. The amount of battery reserve power remaining will be transmitted to the Pilot

via telemetric data feed, which downlinks from the UAS to a ground-based-on-screen display. 

As required by PG&E's Ops Manual, the Pilot will promptly fly the UAS back to the home 

launch location or pre-determined abort location where the UAS may safely land, while still 

maintaining a minimum of 25 percent reserve battery power. PG&E submits that the procedures 

requiring our flights to be safely terminated once the batteries fall below 25 percent capacity, 

combined with the requirement that flights only be conducted within a secure, isolated area, 

using a UAS weighting less than 55 pounds, and within VLOS of the Pilot and VO(s), ensure 

that the proposed operation will provide an equivalent level of safety to that provided by the 

regulations from which exemption is sought. 

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

Maintenance & Inspections

PG&E requests relief from the regulatory maintenance, alteration and inspection 

requirements contained in 14 C.F.R. § 91.405(a), 91.407(a)(1), 91.409(a) (1) & (2); 91.417(a) 

and (b). These regulations specify maintenance and inspection standards in reference to 14 

C.F.R. Part 43. See, e.g., 14 C.F.R. § 91.405(a) (stating that each owner or operator of an aircraft 

"[s]hall have the aircraft inspected as prescribed in subpart E of this part and shall between 

required inspections. . . have discrepancies repaired as prescribed in part 43 of this chapter"). An 

exemption from these regulations is needed because Part 43 and these sections only apply to 

aircraft with an airworthiness certificate, which the UAS to be operated under this grant of 

exemption will not have. 

 

10 Id.
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Equivalent Level of Safety

An equivalent level of safety will be achieved because maintenance and inspections will 

be performed in accordance with the Manufacturer's Manual and any applicable manufacturer 

Safety or Service Bulletins. Further, as required by PG&E's Ops Manual, and in accordance 

with the Manufacturer's Manual, prior to each flight, the Pilot will conduct a pre-flight inspection 

of the UAS and all associated equipment to account for all discrepancies and/or inoperable 

components. Maintenance will be performed and verified to address any conditions potentially 

affecting safe operation of the UAS and no flights will occur unless, and until all flight critical 

components of the UAS have been found to be airworthy and in a condition safe for operation. A 

functional test flight will be conducted following the replacement of any flight-critical 

components. As required by PG&E's Ops Manual, the Pilot who conducts the functional test 

flight will make an entry in the UAS aircraft records of the flight. 

PG&E's Ops Manual also includes requirements to follow the manufacturer’s UAS 

aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements 

for the following applicable components: powertrain system (powerplant), propellers, avionics 

and control surfaces (including ailerons/elevons), structures & airframe, camera system, 

electrical systems (including batteries), ground control station, hazard accessories, and spare 

parts. Further, PG&E's Ops Manual also includes 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 UASs used under this grant of exemption.

As a whole, the maintenance and inspection procedures required in PG&E's Ops Manual ensure 

that an equivalent or higher level of safety will be achieved. 

L. 14 C.F.R. § 61.113: Private Pilot Privileges And Limitations

PG&E seeks exemption from 14 CFR § 61.113, which restricts private pilot certificate 

holders from flying aircraft for compensation or hire, and would also require a second class 

medical certificate. The purpose of Part 61 is to ensure that the skill and competency of any pilot

matches the airspace in which the pilot will be operating, as well as requiring certifications if the 

private pilot is carrying passengers or cargo for hire. In this case, while the UASs will be 

operated as part of a commercial operation, it carries neither passengers nor cargo. 

In the Grant of Exemption to Astraeus Aerial (FAA Docket No. FAA-2014-0352), the 

FAA determined that the unique characteristics of UAS operation outside of controlled airspace 

did not warrant the additional costs and restrictions attendant with requiring the pilot to have a 

commercial pilot certificate and Class II Medical Certificate. 

The restrictions PG&E has placed on its UAS operations meet or exceed the restrictions 

similarly imposed on Astraeus Aerial in FAA Docket No. FAA-2014-0352. PG&E will only 

perform UAS operations in controlled and sterile areas away from persons and property not 
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involved in the operation. The UASs will be flown based on VLOS at 400 feet AGL or below.

11

 

Moreover, a NOTAM will be issued between 48 and 72 hours before the flight is to occur, and 

the flight will be conducted in coordination, as necessary, with the applicable.

Equivalent Level of Safety

In addition to these flight restrictions, PG&E will further ensure safe operation by 

requiring its Pilots to be thoroughly versed not only in airspace and communication requirements 

of Part 91 applicable to all aircraft, but also in the unique aspects of UAS flight. Petitioner's 

Pilots will be required to maintain an understanding of all normal, abnormal and emergency 

procedures of the UAS he or she is operating. Pilots will also be required to accumulate and log, 

in a manner consistent with 14 C.F.R. § 61.51(b), a minimum of 200 flight cycles and 25 hours 

of total time as a UAS rotorcraft pilot, and at least 10 hours piloting the UAS used to perform 

operations under this exemption. Petitioner's Pilots will also be required to log at least 3 takeoffs 

and landings of the UAS used to perform operations under this exemption. Pilot currency 

requirements in PG&E's Ops Manual also require the Pilot to have conducted at least 3 launch 

and recovery operations, and have accrued at least 5 hours of flight time with the UAS in the 

preceding 90 days to be considered current. The Pilot qualification, training, and currency 

requirements in PG&E's Ops Manual ensure that its Pilots are competent and proficient in the 

UAS they are operating. These procedures ensure that an equivalent or higher level of safety 

will be achieved. 

 

VI. PUBLIC INTEREST

The public interest will be served by granting PG&E's Petition for Exemption. Congress

has established a national policy that favors early integration of UAS into the NAS in controlled, 

safe working environments such as those proposed by PG&E. Granting this Petition for 

Exemption helps fulfill Congress' goal in passing Section 333(a) through (c) of the Reform Act, 

namely; the FAA Administrator's assessment of whether certain UAS may operate safely in the 

NAS before completion of the rulemaking required under Section 332 of the Reform Act. 

The proposed UAS operations in this Petition for Exemption will also improve safety and 

reduce risk by alleviating the public's exposure to danger associated with current aerial survey 

and inspection methods, namely, full size helicopters. The public's interest is furthered by 

reducing human exposure to death or serious injury associated with manned aircraft performing 

these activities.

 

11 In circumstances where a structure being inspected exceeds 400 feet AGL, the UAS will not 

be operated more than 50 feet above the highest point on the structure.
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PG&E’s UAS operations will additionally improve the safety of PG&E and contractor 

employees who currently must conduct ground-based inspections and patrols in inherently 

hazardous environmental, geologic, and structural conditions that can be readily observed using 

UAS. Hazards and safety risks, for example, include cliff-sides or dams that presently require 

lowering personnel on ropes to inspect, or flumes and dam faces and transmission towers or 

pipelines that require specialized training and equipment to access and inspect safely. These and 

other assets present substantial personnel fall- or exertion-risk as some include walking hundreds 

of feet of steep stairs in isolated remote locations to perform asset inspections and assessments. 

UAS vehicles will help mitigate these safety risks and improve data quality.

PG&E's UASs will be battery powered and create no emissions. In the unlikely event of 

an accident, there is no fuel to ignite and explode. Any impact of Petitioner's lightweight sUASs 

is, obviously, far less than a full size helicopter. The public's interest is furthered by minimizing 

the ecological impact of an accident on the remote and delicate habitat that PG&E's facilities 

pass through. The public's interest is also furthered by reducing human exposure to potentially 

harmful or hazardous emissions associated with manned aircraft.

Aerial surveys and inspections of utility power-generation, electric and natural gas 

transmission/distribution, and related facilities play a critical role in ensuring a safe, reliable, 

affordable, and environmentally sound supply of energy to the public. The public as a whole 

benefits from the safer and more cost-effective method of performing aerial surveys and 

inspections using small UAS. 

VII. PRIVACY

All PG&E UAS operations performed under this grant of exemption will be conducted in 

accordance with applicable federal, state, or local laws regarding privacy. PG&E will not 

conduct flight operations over property that it does not own or control without the prior consent 

and knowledge of the land owner/controller. Moreover, PG&E will not capture or use images 

from neighboring properties within the vicinity of UAS flight operations. 

VIII. FEDERAL REGISTER SUMMARY

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the 

FEDERAL REGISTER, should it be determined that publication is needed:

Petitioner seeks an exemption from the following sections in Title 14 of the Code of 

Federal Regulations:

Part 21, Subpart H; Part 27; 45.23(b); 45.27(a); 61.113; 91.7(a); 91.9(b)(2); 91.9(c);

91.103; 91.109(a); 91.119 (b) and (c); 91.121; 91.151(a); 91.203 (a) & (b); 91.405(a); 

91.407(a)(1); 91.409(a)(1) & (2); 91.417 (a) & (b). 
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The exemption will enhance safety by reducing risk to the general public and property 

owners from the substantial hazards associated with performing equivalent utility powergeneration aerial surveys and inspections with conventional fixed-wing aircraft, rotorcraft, or 

other methods.

IV. CONCLUSION

PG&E's Petition for Exemption demonstrates the appropriate safeguards and criteria that 

Congress articulated in Section 333 of the Reform Act, including weight, speed, operating 

capabilities, proximity to airports and populated areas, operation within VLOS and national 

security concerns. The proposed UAS operations will benefit the public as a whole by reducing 

human exposure to death or serious injury associated with manned aircraft performing these 

activities. The public will also benefit from the reduced environmental impact achieved through 

use of Petitioner's UAS. In consideration of the foregoing, this Petition for Exemption provides 

the FAA with more than adequate justification to allow commercial operation of PG&E's small 

UASs for the purpose of inspecting, patrolling, and surveying its utility power-generation, 

electric and natural gas transmission/distribution facilities, infrastructure and associated land. 

We thank you for your prompt consideration of our requested exemptions. Should you 

have any questions, or if you need any additional information to support the requested 

exemptions, please do not hesitate to contact the undersigned.

Very truly yours,

 

Dane B. Jaques 

Mark E. McKinnon

Matthew J. Clark

Counsel for Petitioner
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(The following attached items contain proprietary and commercial information exempt from 

disclosure under the Freedom of Information Act, 5 U.S.C. § 522 et seq., and should be held in a 

separate file pursuant to 14 C.F.R. § 11.35(b)). 

Attachments:

PG&E UAS Operations Manual