1

November 20, 2015 

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., S.E.

West Building Ground Floor, Room W12-140

Washington, D.C. 20590

Re: Request for Exemption under Section 333 of the FAA Modernization and Reform Act of 2012 and Part 11 

of the Federal Aviation Regulations from 14 CFR § 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).

TABLE OF CONTENTS

1 Summary of Petition .....................................................................................................................................1

2 Name and Address of the Petitioner..............................................................................................................3

3 Federal Register Summary............................................................................................................................3

4 The AES Corporation Background ...............................................................................................................4

5 Relevant Statutory Authority ........................................................................................................................4

6 Discussion.....................................................................................................................................................5

7 Conclusion ..................................................................................................................................................10

Appendix A Regulations from Which Exemption is Requested .....................................................................11

Appendix B Summary of sUAS Specifications ..............................................................................................13

Appendix C User Manuals..............................................................................................................................16

Appendix D AES sUAS Flight Operations Manual ........................................................................................17

1 SUMMARY OF PETITION

Dear Sir or Madam,

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (“Section 333”) and 14 C.F.R. Part 

11, The AES Corporation (“AES”) hereby respectfully requests expedited approval to use Small Unmanned Aircraft 

(“sUAS”, “Small UAS”, “UAS”) under the terms and conditions described in this Petition for Exemption 

(“Petition”) to conduct inspections of energy infrastructure. Based on other utility grants of exemption (see 

Exemptions # 11185, 11224, 11239, 11258, 11326, 11389, 11538, 11868, and 11891), AES requests exemptions for 

the following regulations: 14 CFR § 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). In accordance with the 

grants of exemptions listed above, other regulations were either deemed not necessary or were not granted. AES

also requests the exemptions that are necessary to grant such approval pursuant to 49 U.S.C. § 44701(f), and 14 

C.F.R. § 11.81.1

AES seeks to use sUAS to perform inspections of vital energy infrastructure, such as transmission and 

distribution lines, power plants, and substations, in order to further the public interest in the safe and reliable 

delivery of electricity to customers. Small UAS are ideally suited for inspection of energy infrastructure; they can 

inexpensively, safely, and quickly deliver high-quality photo and video, eliminating the need for physical 

inspection, expediting the process of troubleshooting, and ultimately increasing the reliability of the electric grid. 

Utility workers would be able to conduct inspections without being in close proximity to high-voltage equipment or 

being subject to the height-related hazards of bucket trucks, rappelling from structures with ropes, scaling 

temporary scaffolding, or working on suspended platforms. They also facilitate the safe inspection of hard-to-

 

1 See Appendix A for description of requests of exemption.
2

access or environmentally sensitive areas without the use of bucket trucks, manned helicopters, and other utility 

vehicles that may have more impact than sUAS. In addition, because of the small size of the aircraft, there is less

exposure and risk to public safety compared to traditional helicopters. In many cases, sUAS can be more efficient 

and cost effective than traditional methods, which can help to reduce operations and maintenance costs and, perhaps 

most importantly, provide a means for faster resolution of problems on the electric system. A reduction in 

maintenance costs would be of benefit to the public by being able to pass reduction of costs directly to the rate 

payer. The public interest is critical to AES and the approval of this request, and the provision of the exemptions 

will enhance worker and public safety, increase electric system reliability, and decrease customer costs.

Moreover, approving the requested use would represent a significant step forward in the Federal Aviation 

Administration’s (“Administration”) efforts to integrate sUAS into the national airspace system. AES’s request 

provides the Administration with an opportunity to partner with a leading electric energy provider as it works to 

develop its rulemaking pursuant to the FAA Reauthorization Act of 2012—while doing so for a compelling public 

purpose and under strict operational and safety guidelines. Given the uniqueness of AES—the company has a 

diverse geographical and environmental footprint and a distinctive resource mix—it is ideally suited to help the 

Administration understand the potential utility applications for sUAS.

AES proposes to use sUAS weighing less than 55 pounds, operating at a speed of no more than 87 knots, and 

containing built-in safety features. All of the aircraft AES proposes to use have already been evaluated under 

previous petitions. In addition, AES proposes to use the aircraft at low altitudes, not in proximity to airports or 

densely populated areas, on property that is owned or controlled by AES or its utility right of way, within the visual 

line of sight (VLOS) of the operator, and under controlled conditions (the same exact conditions and limitations 

previously granted in Exemptions #11185, 11224, 11239, 11258, 11326, 11389, 11538, 11868, and 11891). 

Accordingly, the requested exemptions satisfy the applicable statutory criteria and policies, will serve the public 

interest, will not adversely affect safety, and will provide a level of safety at least equal to the existing airworthiness 

and related regulations. Approval of this Petition is therefore consistent with Section 333’s directive to “establish 

requirements for the safe operation of [unmanned aircraft systems] in the national airspace system” if the Secretary 

of Transportation determines that certain unmanned aircraft systems may operate safely in the national airspace 

system.2

 In summary, the types of sUAS to be used are as follows (see Appendix B for a summary of specifications 

and Appendix C for full user manuals for each sUAS). 

o Trimble UX5 (previously granted in Exemption # 13451)

o senseFly eBee (previously granted in Exemption # 11263)

o senseFly eXom (previously granted in Exemption # 11263A)

o DJI Phantom 2 Vision Plus (previously granted in Exemption # 11481)

o DJI Phantom 3 Professional (previously granted in Exemption # 11481)

o DJI Inspire 1 (previously granted in Exemption # 11481)

o DJI S900 (previously granted in Exemption #12697)

o DJI S1000 (previously granted in Exemption # 11607)

o DJI Matrice 100 (previously granted in Exemption #12697)

o AscTec Falcon 8 (previously granted in Exemption # 11208)

 The operations will be for the following applications:

 

2 Section 333(c) of the FAA Modernization and Reform Act of 2012, Pub. L. No. 112-95, 126 Stat 11.
3

o Aerial filming and inspections (previously granted under Exemption #11221 for MicroCopter 

Professional Services, Inc.)

o Inspections of energy infrastructure (Exemption #11224 for NextEra Energy, Inc.)

o Mapping (Exemption #11213 for Aeryon Labs, Inc.)

o Performing market research (Exemption #11213 for Aeryon Labs, Inc.)

o Aerial data collection (Exemption #11213 for Aeryon Labs, Inc.)

AES also requests that publication and comment procedures be waived in accordance with 14 C.F.R. § 11.87:

§ 11.87 Are there circumstances in which FAA may decide not to publish a summary of my petition 

for exemption?

The FAA may not publish a summary of your petition for exemption and request comments if you present or 

we find good cause why we should not delay action on your petition. The factors we consider in deciding 

not to request comment include:

(a) Whether granting your petition would set a precedent. 

(b) Whether the relief requested is identical to exemptions granted previously. 

(c) Whether our delaying action on your petition would affect you adversely. 

(d) Whether you filed your petition in a timely manner.

Corresponding to the above subsections, AES has good cause to request the FAA to waive the comment period and 

not delay action on the petition because:

(a) AES would not set any precedent. AES agrees to the same exact limitations as in Exemption #11224. 

Furthermore, all of the aircraft have already been evaluated under other previous petitions and are deemed 

to have the equivalent level of safety if operated under the restrictions hereto already agreed upon.

(b) AES agrees to the same exact limitations as Exemption #11224.

(c) Delaying the granting of this petition would adversely affect the public, the FAA, and AES. The public, as 

well as the FAA, would be better served by the FAA quickly granting this petition and thereby freeing up 

limited FAA resources and allowing FAA inspectors to dedicate their time and attention to much higher 

priorities. Moreover, AES is adversely affected by the regulations listed herein.

(d) The petition has been filed in a timely manner. 

2 NAME AND ADDRESS OF THE PETITIONER

The AES Corporation

ATTN: Zac Penix

4300 Wilson Boulevard

Arlington, VA 22203

Phone: (703) 682-1295

E-mail: zac.penix@aes.com

3 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.
4

AES petitions the Federal Aviation Administration for relief from compliance with 14 CFR §§ 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), for purposes of operating small unmanned aircraft 

55 pounds or less on property that is owned or controlled by AES or in utility right of way to inspect energy 

infrastructure and identify problems in the delivery of electricity to customers. AES proposes that its operation 

be subject to the operating conditions and safety standards set forth in the petition in lieu of the abovereferenced regulations in order to provide a level of safety equivalent to those regulations. 

4 THE AES CORPORATION BACKGROUND

The AES Corporation (NYSE: AES) is a Fortune 200 global power company. We provide affordable, 

sustainable energy to 18 countries through our diverse portfolio of distribution businesses as well as thermal and 

renewable generation facilities. Our workforce of 18,500 people is committed to operational excellence and 

meeting the world’s changing power needs. Our 2014 revenues were $17 billion and we own and manage $39 

billion in total assets. 

We are dedicated to improving the lives of our customers by leveraging our energy solutions that encompass a 

broad range of technologies and fuel types, including coal, diesel, gas, oil, pet coke and renewables. Our people 

share a passion to help meet the world’s current and increasing energy needs, while providing communities and 

countries the opportunity for economic growth due to the availability of reliable, affordable electric power. The 

company was founded in 1981 and is based in Arlington, Virginia, United States of America. To learn more, please 

visit www.aes.com.

5 RELEVANT STATUTORY AUTHORITY

5.1 Section 333

Section 333(a) states that the Administration “shall determine if certain unmanned aircraft systems may 

operate safely in the national airspace system before completion of the plan and rulemaking [to broadly integrate 

UAS into the national airspace] required by section 332 of this Act.” Section 333 is also described as a pathway for 

“expedited operational authorization.”3 

Section 333(b)(1) outlines the factors that the Administration shall use to determine whether UAS may be 

operated safely in the national airspace system: size, weight, speed, operational capability, proximity to airports 

and populated areas, and operation within visual line of sight. In addition, and importantly for this Petition, Section 

333(b)(2) provides the Administration with the discretion to determine that a certificate of waiver, certificate of 

authorization, or airworthiness certification is not required to operate UAS that are found to be appropriate under 

Section 333(b)(1). Finally, Section 333(c) allows the Administration to establish requirements for safe operation of 

the UAS determined to be able to be operated safely in the national airspace system.

5.2 Section 44701(f)

In addition to its specific authority related to authorizing UAS operation under Section 333, the Administration 

has general authority to grant exemptions from its safety requirements and minimum standards if the 

Administration finds that the exemption is in the public interest.4 Administration regulations set forth the 

information that must be included in the petition for exemption: (1) the applicant’s name and mailing address; (2) 

the regulations from which the applicant seeks exemption; (3) the extent of relief sought and why; (4) the reasons 

why granting the request would be in the public interest and how it would benefit the public as a whole; and (5) the 

 

3 Section 332(b)(1).

4 49 U.S.C. § 44701(f).
5

reasons why granting the exemption would not adversely affect safety, or how the exemption would provide a level 

of safety at least equal to the rule from which the applicant seeks exemption.5 

6 DISCUSSION

6.1 AES’s Proposal Satisfies the Section 333 Criteria for Approval

As described above, Section 333(b)(1) outlines the factors that the Administration shall use to determine 

whether UAS may be operated safely in the national airspace system: size, weight, speed, operational capability, 

proximity to airports and populated areas, and operation within visual line of sight. Applying the criteria outlined 

in Section 333(b)(1) and other relevant criteria to this case demonstrates that AES’s proposed terms and conditions 

of operation will result in the sUAS being operated safely in the national airspace system, consistent with Section 

333. Based on the small size of the sUASs involved, the low altitude and restricted environment in which they will 

operate, and the fact that they will be operated within the visual line of sight of the operator, there is more than 

sufficient basis to find that the sUAS can be operated safely under AES’s proposal. 

6.1.1 Size, Weight, Speed, and Operational Capability

AES seeks an exemption permitting operations of the following sUAS models: Trimble UX5, senseFly eBee,

senseFly eXom, DJI Phantom 2 Vision Plus, DJI Phantom 3 Professional, DJI Inspire 1, DJI S900, DJI S1000, DJI 

Matrice 100, and AscTec Falcon 8. All sUAS proposed by AES are electric powered and will not be flown above 

400 feet AGL or more than 87 knots. The manufacturer-listed specifications for these sUAS are detailed in

Appendix CAppendix B. All sUAS proposed by AES operate under ISM (Industrial, Scientific, Medical) radio 

bands reserved by the FCC for unlicensed communication and all devices to be used by AES are FCC compliant. 

Appendix C provides user guides for each of the models. All of the aircraft are small (weighing less than 55 

pounds including payload – see above for weight specifications). AES expects to conduct the vast majority of its 

operations with micro UAS weighing 4.4 pounds or less. 

The sUAS proposed are ideally suited for inspection of power lines, generating plants, pipelines and other 

energy-related infrastructure because the aircraft has the capability to deliver high quality photos and videos more 

efficiently and cost-effectively than traditional methods. Using sUAS can also be safer for utility workers because it 

will avoid putting utility workers in situations with potential hazards, eliminating the risk of injuries. They also 

allow the safe inspection of hard-to-access or environmentally sensitive areas without the use of trucks and other 

utility vehicles. Overall, the sUAS can provide significant benefits to utility workers and customers over traditional 

energy infrastructure inspection methods. 

6.1.2 Proximity to Airports/Populated Areas

AES will avoid operating the sUAS over densely populated areas and will operate at least five (5) nautical 

miles away from the nearest airport, unless a letter of agreement with that airport’s management is obtained or 

otherwise permitted by a COA. The sUAS will be operated at low altitudes of 400 feet or less—much lower than 

the airspace in which manned vehicles operate and lower than the altitude at which hobby aircraft fly. Finally, 

operations will primarily occur over AES utility property or utility right of way.

In addition, AES’s flights will likely occur in airspace that is subject to a Notice to Airmen (“NOTAM”). The 

Administration has issued a standing notice to pilots to avoid loitering in the “airspace above, or in proximity to, 

sites such as nuclear power plants, power plants, dams, refineries, industrial complexes, military facilities, and other 

similar facilities.” This NOTAM should further limit the potential interaction to for any flights near AES power 

generation facilities.

 

5 14 C.F.R. § 11.81.
6

6.1.3 Visual Line of Sight

The Pilot in Command (PIC), holding appropriate certification as required by the FAA, will operate the sUAS 

during daylight hours, in good weather, and maintaining visual line of sight. In addition, all operations will utilize a 

visual observer (VO), who also will be positioned in line of sight of the sUAS and will be able to verbally 

communicate with the PIC to identify and alert the PIC to any potential obstacles or hazards. This eliminates the 

need for other “sense and avoid” capabilities during operation, as well as the need for any method of air traffic 

control communications.6

6.2 AES’s Proposal Also Satisfies the Standard for Exemption under Section 44701 and 14 C.F.R. § 11.81.

6.2.1 Granting Applicant’s Request Would Not Adversely Affect Safety and Would Provide a Level of 

Safety at Least Equal to Existing Rules.

Granting AES’s Petition will not adversely affect safety. AES’s proposed terms and conditions of operation 

would provide a level of safety at least equal to existing rules. As discussed above with respect to Section 

333(b)(1) criteria, the size, weight, speed, and operational capability of the sUAS that will be used in the proposed 

operations indicate that the aircraft can be operated safely in the national airspace system. Moreover, AES agrees 

to be bound by the following limitations and conditions, almost identical to exemption #11224. Modifications will 

be underlined and in bold. The list of limitations and conditions include the following: 

1. Operations authorized by this grant of exemption are limited to the Trimble UX5, senseFly eBee, senseFly 

eXom, DJI Phantom 2 Vision Plus, DJI Phantom 3 Professional, DJI Inspire 1, DJI S900, DJI S1000, 

DJI Matrice 100, and AscTec Falcon 8 when weighing less than 55 pounds including payload. Proposed 

operations of any other aircraft will require a new petition or a petition to amend this exemption. 

2. Operations for the purpose of closed-set motion picture and television filming are not permitted. 

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The exemption holder 

may use either groundspeed or calibrated airspeed to determine compliance with the 87 knot speed 

restriction. In no case will the UA be operated at airspeeds greater than the maximum UA operating 

airspeed recommended by the aircraft manufacturer. 7 

4. The UA must be operated at an altitude of no more than 400 feet above ground level (AGL). Altitude must 

be reported in feet AGL. 

5. The UA must be operated within visual line of sight (VLOS) of the PIC at all times. This requires the PIC 

to be able to use human vision unaided by any device other than corrective lenses, as specified on the PIC’s 

FAA-issued airman medical certificate or U.S. driver’s license. 

6. All operations must utilize a visual observer (VO). The UA must be operated within the visual line of sight 

(VLOS) of the PIC and VO at all times. The VO may be used to satisfy the VLOS requirement as long as 

the PIC always maintains VLOS capability. The VO and PIC must be able to communicate verbally at all 

times. Electronic messaging or texting is not permitted during flight operations. The PIC must be 

designated before the flight and cannot transfer his or her designation for the duration of the flight. The PIC 

must ensure that the VO can perform the duties required of the VO. 

7. This exemption and all documents needed to operate the UAS and conduct its operations in accordance 

with the conditions and limitations stated in this grant of exemption, are hereinafter referred to as the 

operating documents. The operating documents must be accessible during UAS operations and made 

available to the Administrator upon request. If a discrepancy exists between the conditions and limitations 

in this exemption and the procedures outlined in the operating documents, the conditions and limitations 

 

6 See Interim Operational Approval Guidance 08-01, Unmanned Aircraft Systems Operations in the U.S. National 

Airspace System at 4 (Mar. 13, 2008).
7

herein take precedence and must be followed. Otherwise, the operator must follow the procedures as 

outlined in its operating documents. The operator may update or revise its operating documents. It is the 

operator’s responsibility to track such revisions and present updated and revised documents to the 

Administrator or any law enforcement official upon request. The operator must also present updated and 

revised documents if it petitions for extension or amendment to this grant of exemption. If the operator 

determines that any update or revision would affect the basis upon which the FAA granted this exemption, 

then the operator must petition for an amendment to its grant of exemption. The FAA’s UAS Integration 

Office (AFS-80) may be contacted if questions arise regarding updates or revisions to the operating 

documents. 

8. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight 

characteristics, e.g. replacement of a flight critical component, must undergo a functional test flight prior to 

conducting further operations under this exemption. Functional test flights may only be conducted by a PIC 

with a VO and must remain at least 500 feet from other people. The functional test flight must be conducted 

in such a manner so as to not pose an undue hazard to persons and property. 

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is in a condition for 

safe operation.

10. Prior to each flight, the PIC must conduct a pre-flight inspection and determine the UAS is in a condition 

for safe flight. The pre-flight inspection must account for all potential discrepancies, e.g. inoperable 

components, items, or equipment. If the inspection reveals a condition that affects the safe operation of the 

UAS, the aircraft is prohibited from operating until the necessary maintenance has been performed and the 

UAS is found to be in a condition for safe flight. 

11. The operator must follow the UAS manufacturer’s maintenance, overhaul, replacement, inspection, and life 

limit requirements for the aircraft and aircraft components. 

12. Each UAS operated under this exemption must comply with all manufacturer safety bulletins. 

13. Under this grant of exemption, a PIC must hold either an airline transport, commercial, private, 

recreational, or sport pilot certificate. The PIC must also hold a current FAA airman medical certificate or a 

valid U.S. driver’s license issued by a state, the District of Colombia, Puerto Rico, a territory, a possession, 

or the Federal government. The PIC must also meet the flight review requirements specified in 14 CFR § 

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

14. The operator may not permit any PIC to operate unless the PIC demonstrates the ability to safely operate 

the UAS in a manner consistent with how the UAS will be operated under this exemption, including 

evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles 

and structures. PIC qualification flight hours and currency must be logged in a manner consistent with 14 

CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs (training, proficiency, and 

experience-building) and determining the PIC’s ability to safely operate the UAS in a manner consistent 

with how the UAS will be operated under this exemption are permitted under the terms of this exemption. 

However, training operations may only be conducted during dedicated training sessions. During training, 

proficiency, and experience-building flights, all persons not essential for flight operations are considered 

nonparticipants, and the PIC must operate the UA with appropriate distance from nonparticipants in 

accordance with 14 CFR § 91.119. 

15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All operations must be 

conducted under visual meteorological conditions (VMC). Flights under special visual flight rules (SVFR) 

are not authorized. 

16. The UA may not operate within 5 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 
8

with that airport’s 9 management is obtained or otherwise permitted by a COA issued to the exemption 

holder. The letter of agreement with the airport management must be made available to the Administrator or 

any law enforcement official upon request.

17. The UA may not be operated less than 500 feet below or less than 2,000 feet horizontally from a cloud or 

when visibility is less than 3 statute miles from the PIC. 

18. If the UAS loses communications or loses its GPS signal, the UA must return to a predetermined location 

within the private or controlled-access property.

19. The PIC must abort the flight in the event of unpredicted obstacles or emergencies. 

20. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) 

there is enough available power for the UA to conduct the intended operation and to operate after that for at 

least five minutes or with the reserve power recommended by the manufacturer if greater. 

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All operations shall be 

conducted in accordance with an ATO-issued COA. The exemption holder may apply for a new or amended 

COA if it intends to conduct operations that cannot be conducted under the terms of the attached COA. 

22. All aircraft operated in accordance with this exemption must be identified by serial number, registered in 

accordance with 14 CFR part 47, and have identification (N Number) markings in accordance with 14 CFR 

part 45, Subpart C. Markings must be as large as practicable. 

23. Documents used by the operator to ensure the safe operation and flight of the UAS and any documents 

required under 14 CFR §§ 91.9 and 91.203 must be available to the PIC at the Ground Control Station of 

the UAS any time the aircraft is operating. These documents must be made available to the Administrator 

or any law enforcement official upon request. 

24. The UA must remain clear and give way to all manned aviation operations and activities at all times.

25. The UAS may not be operated by the PIC from any moving device or vehicle. 

26. All Flight operations must be conducted at least 500 feet from all nonparticipating persons, vessels, 

vehicles, and structures unless: a. Barriers or structures are present that sufficiently protect nonparticipating 

persons from the UA and/or debris in the event of an accident. The operator must ensure that 

nonparticipating persons remain under such protection. If a situation arises where nonparticipating persons 

leave such protection and are within 500 feet of 10 the UA, flight operations must cease immediately in a 

manner ensuring the safety of nonparticipating persons; and, b. The owner/controller of any vessels, 

vehicles or structures has granted permission for operating closer to those objects and 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. The PIC, VO, operator trainees or essential persons are not considered nonparticipating 

persons under this exemption. 

27. All operations shall be conducted over private or controlled-access property with permission from the 

property owner/controller or authorized representative. Permission from property owner/controller or 

authorized representative will be obtained for each flight to be conducted. 

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

operational area as defined by the applicable COA must be reported to the FAA's UAS Integration Office 

(AFS-80) within 24 hours. Accidents must be reported to the National Transportation Safety Board (NTSB) 

per instructions contained on the NTSB Web site: www.ntsb.gov.

If this exemption permits closed-set motion picture and television filming and production, the following 

additional conditions and limitations apply. 
9

29. The operator must have a motion picture and television operations manual (MPTOM) as documented in 

this grant of exemption. 

30. At least 3 days before aerial filming, the operator of the UAS affected by this exemption must submit a 

written Plan of Activities to the local Flight Standards District Office (FSDO) with jurisdiction over the 

area of proposed filming. The 3-day notification may be waived with the concurrence of the FSDO. The 

plan of activities must include at least the following: 

a. Dates and times for all flights; 

b. Name and phone number of the operator for the UAS aerial filming conducted under this grant of 

exemption; 

c. Name and phone number of the person responsible for the on-scene operation of the UAS; 

d. Make, model, and serial or N-Number of UAS to be used; 

e. Name and certificate number of UAS PICs involved in the aerial filming; 

f. A statement that the operator has obtained permission from property owners and/or local officials 

to conduct the filming production event; the list of those who gave permission must be made 

available to the inspector upon request; 

g. Signature of exemption holder or representative; and

h. A description of the flight activity, including maps or diagrams of any area, city, town, county, 

and/or state over which filming will be conducted and the altitudes essential to accomplish the 

operation. 

31. Flight operations may be conducted closer than 500 feet from participating persons consenting to be 

involved and necessary for the filming production, as specified in the exemption holder’s MPTOM. 

6.2.1.1 Privacy Considerations

AES will not operate sUAS in any way that may invade personal privacy and will comply with any federal, 

state, or local privacy laws that may apply in areas where AES operates sUAS. In addition, as a practical matter, 

flights will occur over utility property or utility right of way, so privacy is unlikely to be a concern in relation to 

AES’s proposed use.

6.2.2 Granting Applicant’s Request Would be in the Public Interest and Would Benefit the Public as a 

Whole

Allowing the requested use will provide significant benefits to the public, AES customers, and AES 

employees. Using sUAS to inspect energy infrastructure can be safer and more efficient than traditional methods of 

infrastructure inspection, such as the use of helicopters and bucket trucks. The increased safety and efficiency of 

using sUAS to inspect infrastructure is especially important to AES. An infrastructure inspection process that is 

safer and more efficient can also help to lower operations and maintenance costs, and more quickly resolve 

problems in the delivery of electricity, both of which will benefit customers. 

Moreover, the requested use presents a compelling case for the Administration moving forward with efforts to 

integrate UAS into the national airspace system as required by Section 333. The public has a significant interest in 

efficient and safe inspection of energy infrastructure to ensure reliable delivery of power, and AES has proposed 

using sUAS to further this public interest in a way that is at least as safe as operation of aircraft under existing 

regulations. AES’s request therefore provides the Administration an appropriate vehicle to further Congress’ 

mandate to expedite integration of UAS. In addition, AES’s operational experience resulting from the use of sUAS 

in utility operations may be valuable to the Administration in developing comprehensive rules governing UAS for 

the electric industry. 
10 

6.3 Description of Relief Sought and Regulations from Which Exemption is Requested

Based on the foregoing, AES’s proposal satisfies the criteria for approval under Section 333. In addition, 

AES’s proposal meets the requirements and policies for exemptions from Administration regulations. AES 

therefore respectfully requests that the Administration grant exemptions from the regulations set forth in Appendix 

Ato this Petition.7

7 CONCLUSION

For the reasons discussed above, AES satisfies the relevant criteria for approval under Section 333 and 

exemptions from referenced regulations pursuant to Section 44701(f). Accordingly, AES respectfully requests that 

the Administration grant the relief requested in this Petition to allow the use of sUAS for the purposes and under the 

conditions set forth herein. Granting this Petition will not only further Congress’ instruction to expedite the safe 

integration of UAS into the national airspace system, but will also further the significant public interest in the safe 

and reliable delivery of electricity to customers. 

November 4, 2015 Respectfully submitted,

7

 AES has attempted to identify the applicable regulations for which an exemption is required for the proposed use. 

To the extent that the Administration determines that any other safety regulations might apply to AES’s proposed use, AES 

further requests that this Petition be deemed to seek an exemption from those requirements.
11

APPENDIX A REGULATIONS FROM WHICH EXEMPTION IS REQUESTED

AES has attempted to identify the applicable regulations for which an exemption is required for the proposed 

use. To the extent that the Administration determines that any other safety regulations might apply to AES’s 

proposed use, AES further requests that this Petition be deemed to seek an exemption from those requirements.

1. 14 C.F.R. § 61.23(a) & (c): Medical Certificates

FAA Exemption # 11224, 11239, 11258, 11326, 11389, 11538, 11868, and 11891, and many others have 

provided that a U.S. driver’s license could be used in lieu of the medical certificate to provide an equivalent level of 

safety.

2. 14 C.F.R. § 61.101(e)(4) & (5): Recreational Pilot Privileges and Limitations & 14 C.F.R. § 61.315(a): 

Sport Pilot Limitations

Exemption # 11224, 11239, 11258, 11326, 11389, 11538, 11868, and 11891, and many others have declared 

that there is an equivalent level of safety as the FARs by requiring the PIC to “hold either an airline transport, 

commercial, private, recreational, or sport pilot certificate.” Likewise, AES is proposing to operate under the same 

restrictions which have been previously deemed to provide an equivalent level of safety.

3. 14 C.F.R. § 61.113 (a): Private Pilot Privileges and Limitations: Pilot in Command.

Sub-section 61.113(a) limits 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 have a sport pilot license rather than a commercial pilot license to operate 

this small UAS. Unlike a conventional aircraft that carries the pilot and passengers, the UAS will be remotely 

controlled with no living thing on board.

4. 14 C.F.R. § 61.315 (a): What are the privileges and limits of my sport pilot certificate? 

Section 61.315 (a) restricts those airmen holding a sport pilot certificate to being unable to act as pilot in 

command (PIC) of a light-sport aircraft for “compensation or hire, in furtherance of a business [...] in Class B, C, 

and D airspace.” As stated above, AES proposes to use pilots with at least a recreational or sport pilot certificate to 

operate the sUAS. In this manner, AES respectfully requests exemption from this requirement based on the 

particular characteristics and inherently lower-risk nature of the sUAS and its safety features. The training, 

conditions and restrictions on operation proposed in this Petition will provide an equivalent level of safety. 

This exemption has been granted with limitations and considerations for other utility companies utilizing 

sUAS in similar cases (See FAA Exemption # 11224, 11239, 11258, 11326, 11389, 11538, 11868, and 11891). 

5. 14 C.F.R. § 91.7(a): Civil Aircraft Worthiness

Section 91.7(a) mandates that no person may operate a civil aircraft unless it is in airworthy condition. As 

there will be no airworthiness certificate issued for the unmanned aircraft, and no FAA regulatory standard will 

exist for determining airworthiness of the sUAS, the requirements contained in the manufacturer’s manuals, the 

MPTOM, and the restrictions already agreed to will provide an equivalent level of safety.

Furthermore, all of the aircraft have previously been evaluated and deemed to have the equivalent level of 

safety of the regulations if operated under the restrictions above. Therefore, these aircraft should not be required to 

have an airworthiness certificate based on FAA’s previous determinations. 

6. 14 C.F.R. § 91.119 (c): 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. 
12

AES will operate sUAS at altitudes no greater than 400 feet AGL, and therefore requests an exemption from 

the 500 foot minimum altitude. Because of 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 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.

7. 14 C.F.R. § 91.121: Altimeter Settings

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." As the sUAS may not have a barometric altimeter, but instead a GPS altitude read out, an exemption 

may be needed. An equivalent level of safety will be achieved by the operator following the initialization procedure 

recommended in the manufacturer’s manuals. Furthermore, many other petitions have been granted allowing GPS 

to be used in lieu of an altimeter setting.

8. 14C.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."

AES requests an exemption from the 30 minutes of reserve fuel requirement. Given the limitations on flight 

locations and operations set forth in this Petition, a longer time frame for flight is reasonable. Operating the sUAS 

in a tightly controlled area 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 sUAS. 

AES proposes that an equivalent level of safety can be achieved by limiting flights to 25% of reserve battery 

power. This restriction would be more than adequate to return the sUAS to its planned landing zone from anywhere 

in its limited operating area.

9. C.F.R. §§ 91.405(a); 91.407(a)(1); 91.409(a)(2); 91.417(a) and (b): Maintenance Inspections

These regulations specify maintenance and inspection standards in reference to 14 C.F.R. Part 43. Specifically, 

14 C.F.R. § 91.405(a) states that the owner or operator of an aircraft shall have the aircraft inspected as prescribed 

in the rules and have discrepancies repaired as prescribed in part 43; 14 C.F.R. §§ 407(a)(1) and 409(a)(2) requires 

that an aircraft be approved for return to service by a person authorized under 14 C.F.R. Section 43.7 after it has 

undergone maintenance or receives an annual inspection; and 14 C.F.R. § 417 requires an owner or operator of an 

aircraft to maintain specific types of maintenance records, including signatures of the person authorized to approve 

the aircraft’s return to service.

Given that these sections and Part 43 apply only to aircraft with an airworthiness certificate, these sections will 

not apply to AES’s operation of sUAS. Maintenance will be accomplished by the operator pursuant to the 

manufacturer specifications. An equivalent level of safety to existing regulations will be achieved because these 

sUASs are very limited in size, operate only in restricted areas for limited periods of time, and carry no flammable 

fuel. If mechanical issues arise, the sUAS can land immediately and will be operating no higher than 400 feet 

AGL. As described above, the operator will ensure that the sUAS is in working order prior to initiating flight, 

perform a preflight safety checklist, perform required maintenance, and keep a log of any maintenance performed. 

Moreover, the operator is the person most familiar with the aircraft and best suited to maintain the aircraft in an 

airworthy condition to provide the equivalent level of safety.
13

APPENDIX B SUMMARY OF SUAS SPECIFICATIONS

 Trimble UX5

 Type: Electric Fixed Wing

 Materials: Primarily EPP foam with composite structural parts

 Size: 100 cm wingspan (39.4 in)

 Maximum Weight (including payload): 2.5 kg (5.5 lb)

 Aircraft Performance Limitations: 

o Maximum flight time: 50 minutes

o Cruise Speed: 80 km/h (50 mph)

 Radio Frequency Spectrum(s): 2.4 GHz 

 senseFly eBee

 Type: Electric Fixed Wing

 Materials: Primarily EPP foam with composite structural parts

 Size: 96 cm wingspan (38 in)

 Maximum Weight (including payload): 0.69 kg (1.52 lbs)

 Aircraft Performance Limitations: 

o Maximum flight time: 50 minutes

o Cruise Speed: 22.6 knots

 Radio Frequency Spectrum(s): 2.4 GHz 

 senseFly eXom

 Type: Electric V-Form Quadcopter (4 rotors)

 Materials: Composite body, molded carbon fiber arms, plastic 

 Size: 56 x 80 x 17 cm (22 x 32 x 7 in)

 Maximum Weight (including payload): 1.7 kg (3.7 lb)

 Aircraft Performance Limitations: 

o Maximum flight time: 22 minutes

o Airspeed: 23.46 knots

 Radio Frequency Spectrum(s):

o Radio modem: 2.4GHz or 5GHz 

o Radio control: 2.4GHz 

 DJI Phantom 2 Vision Plus

 Type: Electric Quadcopter (4 rotors)

 Size: 59 cm (diagonal, including propellers)

 Maximum Weight (including payload): 1300g (2.8 lbs)

 Aircraft Performance Limitations 

o Maximum flight time: 25 minutes 

o Airspeed: 15.76 knots (cruise), 31.1 knots (maximum)

 Radio Frequency Spectrum(s):

o Radio control: 5.8GHz 

o Video: 2.4 GHz 

 DJI Phantom 3 Professional

 Type: Electric Quadcopter (4 rotors)

 Size: 59 cm (diagonal, including propellers)

 Maximum Weight (including payload): 1300g (2.8 lbs)

 Aircraft Performance Limitations 
14

o Maximum flight time: 23 minutes 

o Airspeed: 15.76 knots (cruise), 31.1 knots (maximum)

 Radio Frequency Spectrum(s):

o Radio control: 2.4 GHz 

o Video: 2.4 GHz 

 DJI Inspire 1

 Type: Electric Quadcopter (4 rotors)

 Size: 438x451x301 mm (17.2x17.75x11.85 in)

 Maximum Weight (including payload): 3200g (7 lbs)

 Typical Weight (including payload): 2935g (6.47 lbs)

 Aircraft Performance Limitations 

o Maximum flight time: 18 minutes 

o Airspeed: 15.76 knots (cruise), 42.76 knots (maximum)

 Radio Frequency Spectrum(s):

o Radio control: 5.8 GHz

o Video: 2.4 GHz 

 DJI S900

 Type: Electric Hexacopter (6 rotors)

 Size: 900mm (diagonal) 

 Maximum Weight (including payload): 8.2kg (18 lbs)

 Typical Weight (including payload): 6.8kg (15 lbs)

 Aircraft Performance Limitations 

o Maximum flight time: 18 minutes 

o Airspeed: 10.81 knots (cruise), 31.1 knots (maximum)

 Radio Frequency Spectrum(s):

o Radio control: 2.4 GHz

o Video: 5.8 GHz 

 DJI S1000

 Type: Electric Octocopter (8 rotors)

 Size: 1.045m (41.14 inch) diameter

 Maximum Weight (including payload): 11kg (24.2 lbs)

 Typical Weight (including payload): 9.5kg (20.94 lbs)

 Weight without payload: 4.2 kg (9.26 lbs)

 Aircraft Performance Limitations 

o Maximum flight time: 15 minutes

o Airspeed: 10.81 knots (cruise), 31.1 knots (maximum)

 Radio Frequency Spectrum(s):

o Radio control: 2.4 GHz

o Video: 5.8 GHz 

 DJI Matrice 100

 Type: Electric Quadcopter (4 rotors)

 Size: 650mm (diagonal)

 Maximum Weight (including payload): 3400g (7.5 lbs)

 Typical Weight (including payload): 2678g (5.9 lbs)

 Aircraft Performance Limitations 

o Maximum flight time: 23 minutes 
15

o Airspeed: 33.04 knots (cruise), 42.76 knots (maximum)

 Radio Frequency Spectrum(s):

o Radio control: 5.8 GHz

o Video: 2.4 GHz 

 AscTec Falcon 8

 Type: Electric V-Form Octocopter (8 rotors)

 Size: 770 x 820 x 125mm

 Maximum Weight (including payload): 2.3kg (5.07 lbs)

 Aircraft Performance Limitations 

o Maximum flight time: 22 minutes

o Airspeed: 10.6 knots (cruise), 29.15 knots (maximum)

 Radio Frequency Spectrum(s):

o Radio control: 2.4 GHz

o Video: 5.8 GHz 
16

APPENDIX C USER MANUALS

See links to Manufacturer’s User Guides below

Appendix C-01: Trimble UX5 User Guide

http://trl.trimble.com/dscgi/ds.py/Get/File665022/UX5_UserGuide_AerialImagingv2.1_RevA_ENG.pdf

Appendix C-02: Trimble UX5 Maintenance Guide

http://trl.trimble.com/dscgi/ds.py/Get/File-711699/UX5_MaintenanceGuide_RevD_ENG.pdf

Appendix C-03: senseFly eBee Extended User Manual

https://www.sensefly.com/fileadmin/user_upload/sensefly/documents/manuals/Extended_User_Manua

l_eBee_and_eBee_Ag_v16.pdf

Appendix C-04: senseFly eXom User Manual [confidential, e-mailed separately]

Appendix C-05: senseFly eXom Safety Assessment [confidential, e-mailed separately]

Appendix C-06: DJI Phantom 2 Vision Plus User Manual

http://download.djiinnovations.com/downloads/phantom_2_vision_plus/en/Phantom_2_Vision_Plus_User_Manual_v

1.1.1_en.pdf

Appendix C-07: DJI Phantom 3 Professional User Manual

http://download.djiinnovations.com/downloads/phantom_3/en/Phantom_3_Professional_User_Manual_v1.0_en.pdf

Appendix C-08: DJI Inspire 1 User Manual

http://download.dji-innovations.com/downloads/inspire_1/en/Inspire_1_User_Manual_v1.0_en.pdf

Appendix C-09: DJI S900 User Manual

http://dl.djicdn.com/downloads/s900/en/S900_User_Manual_v1.2_en.pdf

Appendix C-10: DJI S1000 User Manual

http://download.dji-innovations.com/downloads/s1000/en/S1000_User_Manual_v1.00_en.pdf

Appendix C-11: DJI Matrice 100 User Manual 

http://download.dji-innovations.com/downloads/dev/Matrice/en/M100_User_Manual_v1.0_en.pdf

Appendix C-12: AscTec Falcon 8 Trinity User Manual

http://wiki.asctec.de/display/APL/AscTec+Falcon+8+Trinity+EN
17

APPENDIX D AES SUAS FLIGHT OPERATIONS MANUAL

Submitted Confidentially in Separate File

PROPRIETARY AND CONFIDENTIAL