# CENTRAL RURAL ELECTRIC COOPERA TIVE

3304 S. Boomer Rd, PO Box 1809, Stillwater, OK 74076 405

- 372

- 2884

March 14, 2016 **U.S. Department of Transportation** Docket Management System 1200 New Jersey Avenue, SE Washington, DC 20590

**RE: Request for exemption from multiple regulatory provisions to allow the use of small**  **unmanned aerial systems controlled by Central Rural Electric Cooperative**  **to assist in the safe evaluation of infrastructure and operations.** 

Dear Sir or Madam:

Central Rural Electric Cooperative ( ‘ CREC’ ) respectfully requests an exemption from several provisions of Title 14 of the Code of Federal Regulations (CFR) to permit the use of small unmanned aerial sy stems (sUAS) to assist in the evaluation

, inspection and asset management of infrastructure owned and operated by Central R ural Electric Cooperative

.
**Background** Central Rural Electric Cooperative is an electrical utility headquartered in Stillwater

, Oklahoma

. Central Rural Electric Cooperative was formed to provide safe, reliable, affordable electric energy to its m ember owners both residential and commercial in north central Oklahoma. Central Rural Electric Cooperative is an electric distribution utility consisting of four thousand miles of overhead lines, poles, and electric apparatus such as capacitors, voltage regulato rs and electronic reclosers, all designed and coordinated to maintain power quality while supplying power to its member

- owners. The safety

and efficiency

of infrastructure operations is heavily dependent upon constant analy sis of assets, right

- of

- way , infrastructure and other facilities. There are a wide variety of factors that can affect conditions and cause problems for infrastructure. Even relatively small objects or minor failures can lead to accidents or other incidents causing downtime of infrastructure or potential public hazards . Extreme weather, vegetation, natural disasters, theft and vandalism are among the many risks that modern infrastructure faces. As such, employees routinely inspect the infrastructure, such as o verhead l ines

, substations, e le ctrical

apparatus , p oles, right

- of

- w ay and other similar structures. At present, this work is done primarily by
company personnel in motor vehicles, on foot or in specialized equipment. This is often a labor

intensive and sometimes hazardous task. While we do all we can to make these inspections as safe as possible, there is an irreducible element of risk involved whenever employees are required to go out on structures. Employees may need to climb over or onto structures, which can be slippery, rough, and/o r exposed to the elements. Some structures, such as bridges, are high above the ground. Equipment moving through inspection zones can increase risk as well, especially in high

- traffic areas. While the use of sUAS for supplemental infrastructure and general asset evaluation would not eliminate these risks, it would minimize the risks to employees by allowing for remote aerial review. Central Rural Electric Cooperative operate s thousands of miles of utility infrastructure across portions of seven counties . The sheer amount of assets involved and the widely dispersed locations,in many

instances across rural areas, means that visual inspection in all instances by company personnel leads to inefficien cies

. By using sUAS for supplemental asset evaluation, Central Rural Electric Cooperative will be able to substantially

upgrade its capacity

to detect and address issues with the facilities, rights

- of

- way and other assets before they become a problem for safe operations. Thus, the use of sUAS has the potential to improve efficiency, resulting in faster and safer deliv ery of energy to residences and commercial businesses.

**Infrastructure Safety Inspection Operations**  Overhead Line Inspections Substation Inspections Pole Inspections Electrical Apparatus Inspections Right

- of

- Way Inspections Storm Damage Assessments Solar Panel Inspection

**Regulatory Basis for Exemption Request** This request is in ac cordance with Section 333 of the FAA Modernization and Reform Act of 2012 (Modernization Act) 1 through which Congress acknowledged the use of such systems prior to the finalization of specific sUAS rules and regulations. Until such time as these regulations are finalized, the Secretary of Transportation is required to make a determination whether certain unmanned aircraft systems may operate safely in the national airspace system (NAS). As part of such determination the Secretary is to consider th e following:

- 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 visual line of sight of the operator. In regards to specific requests the FAA has adopted requirements, providing that applicants of such requests shall explain why granting the exemption would not adversely affect safety or how the exemption would provide at least an equivalent level of safety compliance with the underlying

re gulation. In this case, approval of this exemption would advance the public interest by significantly enhancing the safety and efficiency of infrastructure operations and by providing the FAA with valuable user experience on sUAS in a context with apprecia ble economic and societal benefits. As described more fully below, the requested exemption would permit the operation of sUAS under tightly controlled conditions, thus ensuring that operations will not have an adverse impact on safety to both public and wo rker. To the contrary, as explained below, Central Rural Electric Cooperative expects that use of sUAS will enhance safety in infrastructure operations. Granting an exemption is in the public interest . The safety and efficiency of infrastructure operations is heavily dependent upon constant analy sis of assets, right

- of

- way, infrastructure and other assets/facilities.

**Provisions for which an exemption is sought 14 CFR Part 21**  **14 C.F.R. Part 61 14 CFR 61.113 (a)**  **14 C.F.R. 91.7 (a) 14 CFR 91.9 (b) (2)** **14 C.F.R. 91.103** 

**14 C.F.R. 91.109 14 C.F. R. 91.119**  **14 C.F.R. 91.121 14 CFR 91.151 (a)**  **14 CFR 91.203 (a) & (b) 14 CFR 91.405 (a)**  **14 CFR 407 (a) (1) 14 CFR 409 (a) (2)**  **14 CFR 417 (a) & (b)**

**Explanation: 14 C.F.R. Part 21, Subpart H: Airworthiness Certificates**  **14 C.F.R. §91.203 (a) (1)** Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of airworthiness certificates as required by FAR §91.203 (a) (1). Given the size and limited operating area associated with the aircraft to be utilized by the Applicant, an exemption from Part 21 Subpart H meets the requirements of an equivalent level of safety under Part 11 and Section 333 of the Reform Act. The Federal Aviation Act (49 U.S.C.§44701 (f)) and Section 333 of the Reform Act both authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration of the size, weight, speed, operational capability, and proximity to airports and populated areas of the particular UAS. In all c ases, an analysis of these criteria demonstrates that the UAS operated without an airworthiness certificate, in the restricted environment and under the conditions proposed will be at least as safe, or safer, than a conventional aircraft (fixed wing or
rot orcraft) operating with an airworthiness certificate without the restrictions and conditions proposed. The sUAS to be operated hereunder is less than 55 lbs. fully loaded, carries neither a pilot nor passenger, carries no explosive materials or flammable l iquid fuels, and operates exclusively within a secured area as set out in the M anual. Unlike other civil aircraft, operations under this exemption will be tightly controlled and monitored by both the operator, pursuant to the Manual’s requirements, and under the requirements and in compliance with local public safety requirements, to provide security for the area of operation as is now done with conventional filming. The FAA will have advance notice of all operations. These safety enhancements, which already apply to civil aircraft operated in connection with motion picture and television production, provide a greater degree of safety to the public and property

owners than conventional operations conducted with airworthiness certificates issued under 14 C .F.R. Part 21, Subpart H. Lastly, application of these same criteria demonstrates that there is no credible threat to national security posed by the UAS, due to its size, speed of operation, location of operation, lack of explosive materials or flammable l iquid fuels, and inability to carry a substantial external load. **14 C.F.R. § 45.23 (b). Marking of the Aircraft & 14 C.F.R. Part 47. Aircraft Registration** These regulations require: 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 l ess than 2 inches nor more than 6 inches high, the words "limited," "restricted," "light

- sport," "experimental," or "provisional," as applicable. Central Rural Electric Cooperative will register all sUASs under the appropriate serial number in accordance w ith the referenced regulation. Central Rural Electric Cooperative will mark the fuselage with a Registration Number as large as practicable in locations on the sUAS as feasible.**14 C.F.R. § 61.113 (a) & (b): Private Pilot Privileges and Limitations: Pilot in Command.** 

Sections 61.113 (a) & (b) limit private pilots to non

- commercial operations

**.** Because the UAS will not carry a pilot or passengers, the proposed operations can achieve the equivalent level of safety of current operations by requiring the P IC operating the aircraft to have at minimum a recreational private pilot’s license rather than a commercial pilot’s license to operate this small UAS. Unlike a conventional aircraft that carries the pilot and passengers, the sUAS is remotely controlled with no living thing on board. The area of operation is controlled and restricted, and all flights are planned and coordinated in advance as set forth in the Manual. The level of safety provided by the requirements included in the Manual exceeds that provide d by a single individual holding a commercial pilot’s certificate operating a conventional aircraft. The risks associated with the operation of the sUAS are so diminished from the level of risk associated with commercial operations contemplated by Part 61 when drafted, that allowing operations of the sUAS as requested with a private pilot as the PIC exceeds the present level of safety achieved by

14 C.F.R. §61.113 (a) & (b).

**14 C.F.R. Part 61, additional subparts** Central Rural Electric Cooperative requests the FAA to advise on the intended pilots licensing requirements. Central Rural Electric Cooperative intends to use employee(s) with a recreational pilot’s license but does have an employee with a commercial pilot certificate as well. When the FAA introduces sUAS specific regulations (such as 14 C.F.R. 107), Central Rural Electric Cooperative will transition to the appropriate licensure at that time

**14 C.F.R. §91.7(a): Civil aircraft airworthiness.** The regulation requires that no pers on may operate a civil aircraft unless it is in airworthy condition. As there will be no airworthiness certificate issued for the aircraft, should this exemption be granted, no FAA regulatory standard will exist for determining airworthiness. Given the siz e of the aircraft and the requirements contained in the Manual for maintenance and use of safety check lists prior to each flight an equivalent level of safety will be provided.

**14 C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft.** Secti on 91.9 (b) (2) provides: No person may

operate a U.S.

- registered civil aircraft ... (2) For which an Airplane or Rotorcraft Flight Manual is not 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. The sUAS, given its size and configuration has no ability or place to carry such a flight manual on the aircraft, not only because there is no pilot on board, but because there is no room or capacity to
carry such an item on the aircraft. The equivalent level of safety will be maintained by keeping the flight manual at the ground control point where the pilot flying the sUAS will have immediate access to appropriate manuals.

**14 C.F.R. § 91.103: Preflight action** This regulation requires each pilot in command to take certain actions before flight to insure the safety of flight. As FAA approved rotorcraft flight manuals will not be provided for the aircraft an exemption will be needed.Central Rural Electric Cooperative can provide an equivalent level of safety as set forth in owner’s

manual. The PIC will take all actions including reviewing weather, flight battery requirements, landing and takeoff distances and aircraft performance data before initiation of flight.

**14 C.F.R. §91.109: Flight instruction** : Section 91.103 provides that no 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. sUASs and remotely piloted aircraft, by their design do not have fully functional dual controls. Flight control is accomplished through the use of a control box that communicates with the aircraft via radio communications. The FAA has approved exemptions for flight training without fully functional dual controls for a number of aircraft and for flight instruction in experimental aircraft. The equivalent level of safety provided by the fact that neither a pilot nor passengers will be carried in the aircraft and by the size and speed of the aircraft. Central Rural Electric Cooperative intends to provide flight instruction to be in accordance with the manufacturer’s guidelines and by utilizing the manufacturer’s ‘Be ginner Mode’ function to instruct in

- house pilots with the built

- in flight simulator.

**14 C.F.R. §91.119: Minimum safe altitudes** Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 (c) allows aircraft to be operated at less than the minimums prescribed. As this exemption is for a sUAS, the exemption requests authority to operate at altitudes up to 200 AGL

. As s et forth herein, except for the limited conditions stated in the Manual, the UAS will never operate at higher t han 200 AGL. It will however typically be operated in a restricted area, where buildings and people will not be exposed to operations without their pre

- obtained consent. The equivalent level of safety will be achieved given the size, weight, speed of the UAS as well as the location where it is operated. No flight will be taken without the permission of the property owner or local officials. Compared to flight operations with aircraft or rotorcraft weighting far more than the maximum 55lbs. proposed herein and the lack of flammable fuel, any risk associated with these operations is likely less than those presently

presented with conventional aircraft. In addition, the low

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

- UAS operatio ns and the operations of conventional aircraft that must comply with Section 91.119. Central Rural Electric Cooperative also notes that the proposed operations covered under this exemption request are intended to be conducted near infrastructure for the purposes of their inspection. The operation of a sUAS so close to much larger structures would provide a negligible flight hazard to other aircraft compared to the tower or utility line itself.

**14 C.F.R. §91.121 Altimeter Settings** This regulation requires e ach 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 altim eter, but instead a GPS altitude read out, an exemption may be needed. An equivalent level of safety will be achieved by the operator, pursuant to the Manual and Safety Check list, confirming the altitude of the launch site shown on the GPS altitude indicator before flight.

**14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions** Section 91.151 (a) prohibits an individual from beginning “a flight in an airplane under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing, and, assuming normal cruising speed

– (1) During the day, to fly after that for at least 30 minutes; or (2) At night, to fly after that for at least 45 minutes.”Central Rural Electric Cooperative believes that an exemption from 14 CFR §91.151(a) falls within

the scope of prior exemptions. Operating the small UAS, in a tightly controlled area where only people and property owners or official representatives who have signed waivers will be allowed, with less than 30 minutes of reserve fuel, does not engender the type of risks that Section 91.151(a) was intended to alleviate given the size and speed of the small UAS.

**14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and Re gistration**  The regulation provides in pertinent part: (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. The UA S fully

loaded weighs no more than 55 lbs. and is operated without an onboard pilot. As such, there is no ability or place to carry certification and registration documents or to display them on the sUAS. An equivalent level of safety will be achieved by keeping these documents at the ground control point where the pilot flying the sUAS will have immediate access to them, to the extent they are applicable to the sUAS. The FAA has issued numerous exemptions to this regulation.

**14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections**  These regulations require that an aircraft operator or owner “shall have that aircraft inspected as prescribed in subpart E of this part and shall between required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter...,” and others shall inspect or maintain the aircraft in compliance with Part 43. Given that these section and Part 43 apply only to aircraft with an airworthiness certificate, these sections should not apply to Central Rural Electric Cooperative’s sUAS(s). Maintenance will be accomplished by

the operator pursuant to the flight manual and operating handbook as referenced in the Manual. An equivalent level of safety will be achieved because these small UASs are very limited in size and will carry a small payload and operate only in restricted areas for limited periods of time. If mechanical issues arise the UAS can land immediately and will be operating from no higher than 400 feet AGL. As provided in the Manual, the operator will ensure that the UAS is in working order prior to initiating flight, perform required maintenance, and keep a log of any maintenance performed. Moreover, the operator is the person mo st familiar with the aircraft and best suited to maintain the aircraft in an airworthy condition to provide the equivalent level of safety.

**Regulatory Relief from Other Sections as deemed appropriate by FAA** Central Rural Electric Cooperative requests additional relief, to the extent practicable, from provisions which the FAA has learned through the rulemaking process have proven impractical for the use of sUASs.

**Exhibit A**

**– Specific sUASs operated by Central Rural Electric Cooperative** 

**DJI Inspire 1**  **DJI S1000**  **EXHIBIT B**

**– FEDERAL REGISTER PUBLICATION VERBIAGE**  Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the FederalRegister, should it be determined that publication is needed:

Applicant seeks an exemption from the foll owing rules: 14 C.F.R. §21, subpart H; 14 C.F.R 45.23(b);14 C.F.R. §§ 61.113( a) & (b);91.7 (a); 91.9 (b) (2);91.103(b);91.109; 91.119; 91.121; 91.151(a);91.203(a) and (b); 91.405 (a); 91.407 (a) (1); 91.409 (a) (2); 91.409 (a) (2) and 91.417 (a) & (b) to operate commercially a small unmanned vehicle (55lbs or less) for the purposes of inspecting electrical and telecommunications infrastructure. Approval of exemptions allowing these particular commercial operations of sUASs will enhance safety by reducing risk. Conventional inspections require fixed wing aircraft, rotary winged aircraft or qualified climbers to work on or around electrical and other hazards. In contrast, a sUAS weighing fewer than 55 lbs. and powered by batteries eliminates virtually all of that risk given the reduced mass and lack of combustible fuel carried on board as well as limiting risk to Central Rural Electric Cooperative personnel. The sUAS is transported or carried to the location and not flown. The sUAS will carry no passengers

o r crew and, therefore, will not expose them to the risks associated with manned aircraft flights. The operation of small UASs, weighting less than 55 lbs., conducted in the strict conditions outlined above, will provide an equivalent level of safety supporting the grant of the exemptions requested herein, including exempting the applicant from the requirements of Part 21 and allowing commercial operations. These lightweight aircraft operate at slow speeds, close to the ground, and in a controlled envi ronment and, as a result, are far safer than conventional operations conducted with manned aircraft operating in close proximity to the ground and people.