Page 1 of 9 June 8 , 2015

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 Sho

- Me Power Electric Cooperative and its subsidiaries
to assist in the safe evaluation of infrastructure and operations.

Dear Sir or Madam:

Sho

- Me Power Electric Cooperative (‘Sho

- Me’) 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 systems (sUAS) to assist in the evaluation and inspection of infrastructure and operations of
Sho

- Me and its subsidiary companies. The use of such systems would complement th e existing inspection methods while affording a timely and safe alternative to either inspection by larger fixed or rotary winged craft or from personnel physically climbing and inspecting such infrastructure.

Background

S ho

- Me is an electrical utility headquartered in Marshfield, Missouri. Sho

- Me was formed to provide reliable, low

- cost electric energy to multiple Rural Electric Cooperatives across the state of

Missouri

. Sho

- Me Technologies , LLC is a subsidiary of Sho

- Me Po wer Electric Cooperative also headquartered in Marshfield, MO. Sho

- Me Technolog ies operates an advanced fiber optic
communication network. The safety and efficiency of infrastructure operations is heavily dependent upon constant analysis of assets, right

- o f

- 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 i nfrastructure. 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 Transmission Lines, Substations, Fiber Optic Lin es, Cell and Microwave Towers and other similar structures . At present, this work is done primarily by company personnel in motor vehicles, on foot, in specialized equipment. This is often a labor

- intensive and sometimes difficult task

. While our clients do all they 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/ or 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 genera l asset evaluation would not eliminate these risks entirely (as itPage 2 of 9

is an additive safety measure), it would reduce the risks to employees by allowing for remote aerial
review.
Sho

- Me and its subsidiary operate thousands of miles of utility infrastructure a cross portions of several states, this sheer amount of assets and the widely dispersed locations, in many instances across rural areas, mean s that visual inspection in all instances by company personnel can be
inefficient. Aeria l analysis by traditional fixed wing aircraft is another method utilized, however only partially beneficial because the required altitudes and speeds fo r safe flight can reduce visibility below meaningful levels and it is simply not possible to se e all ass et anomalies from such heights. Helicopters present better vantage points; howe ver manned helicopters are much more costly, subject to human safety and carry highly explosive fuel making them impractical for deployment. By using sUAS for supplemental asset evaluation, Sho

- Me 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 p otential to improve efficiency, resulting in faster and safer delivery of energy and telecommunications services vital to the U.S.

economy.

Infrastructure Safety Inspection Operations Transmission Line Inspections Substation Inspections
Cell Tower Inspections Microwave Tower Inspections Power Plant Inspections Environmental Inspections

Regulatory Basis for Exemption Request
This request is in accordance with Section 333 of the FAA Modernization and Reform Act of 2012 (Modernization Act) 1 through w hich 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 the following:

- The UAS’s size, weight, speed, and operational capability;

- Operation of the UAS in close proximit y 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 w ould not adversely affect safety or how the exemption would provide at least an equivalent level of safety compliance with the under lying regulation. In this case, a pproval of this exemption would advance the public inte rest 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 appreciable economic and societal benefits. As described more fully below, the requested exemption would permit the operati on of sUAS under tightly controlled conditions, thus ensuring that operations will not have an adverse impact on safety , both public and worker . To the contrary, as explained below, Sho

- Me expects that

1 P.L. 112

- 95, 126 Stat 11, February 14, 2012.Page 3 of 9

use of sUAS will enhance safety in infrastructure oper ations. Granting an Exemption is in the Public Interest. The safety and efficien cy of infrastructure operations is heavily dependent upon constant analysis of assets, right

- of

- way, infrastructure and other assets/facilities.

Provisions for which an exempt ion 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 cases, 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 rotorcraft) 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 liquid fuels, and operates exclusively within a secured area as set out in the Manual. 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 i n 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 certificatesPage 4 of 9

issued under 14 C.F.R. Part 21, Subpart H. La stly, 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 liquid fuels, and inability

t o carry a substantial external load.

14 C.F.R. § 45.23 (b). Marking of the Aircraft & 14 C.F.R. Part 47

. Aircraft Registration
The se regulation s 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 ne ar 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.

Sho

- Me will register all sUASs unde r the appropriate serial number in accordance with the referenced regulation.

Sho

- Me 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 PIC operating the aircraft to have a 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 liv ing 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 provided by a si ngle 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 draf ted, 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
Sho

- Me requests the FAA to advise o n the intended pilots licensing requirements. Sho

- Me intends to use employee(s) with a private/sports pilot certificate

. When the FAA introduce s sUAS specific regulations (such as 14 C.F.R. 107), Sho

- Me will transition to the appropriate licensure at tha t time

14 C.F.R. §91.7(a): Civil aircraft airworthiness. The regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. As there will be no airworthiness certificate issued for the aircraft, should this exemptio n be granted, no FAA regulatory standard will exist for determining airworthiness. Given the size 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.Page 5 of 9

14 C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft. Section 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 abili ty 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.

Sho

- Me can provide a n equivalent level of safety as set forth in owner’s m anual. The PIC will take all actions including review ing 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.

s UASs 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. Sho

- Me intends to flight instruction to be in accordance with the manufacturer’s guideline s and by utilizing the Phantom’s ‘Beginner Mode’

function to instruct in

- house pilots in the nuanced flight of the sUAS.

14 C.F.R. §91.119: Minimum safe altitudes Section 91.119 establishes safe altitudes for operation of c ivil 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 400 AGL an exemption may be needed to allow such operations. As set forth herein, except for the limited conditions stated in the Manual, the UAS will never operate at higher than 400 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 bePage 6 of 9

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 ope rations with aircraft or rotorcraft weighting far more than the maximum 55lbs. proposed herein and the lack of flammable fuel, any risk associate d with these operations is likely less than those presently presen ted with conventional aircraft . 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.

Sho

- Me 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 its elf.

14 C.F.R. §91.121 Altimeter Settings This regulation requires each person operating an aircraft to maintain cruising altitude by reference to an altimeter that is set “...to the elevation of the departure airport or an appropriate altimeter setting

ava ilable 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, pursuant to the Manual and Safety Check list, confir ming 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

con ditions 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 f ly after that for at least 45 minutes.”

Sho

- Me 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 Registrati on 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 UAS fully l oaded 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.Page 7 of 9

An equivalent level of safety will be achieved by keeping th ese 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); 40 9 (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

paragra ph (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 airworthine ss certificate, these

sections should not apply to Sho

- Me’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

pr ovided 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 most 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
Sho

- Me requests additional relief , to the extent practicable, from provisions whic h the FAA has learned through the rulemaking process have proven impractical for the use of sUASs

.Page 8 of 9

Exhibit A

– Specific sUASs operated by Sho

- Me

DJI Phantom 3

See Attached Manuals:
DJI Phantom 3 User Manual

Or manuals can be downloaded from the following location:

http://www.dji.com/product/phantom

- 3/downloadPage 9 of 9

EXHIBIT B

– FEDERAL REGISTER PUBLICATION VERBIAGE

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:

Applicant seeks an exemption from the following 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 inspection s 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 Sho

- Me personnel . The
sUAS is transported or carried to the location and not flown. The sUAS will carry no passengers or crew and, therefore, will not expose them to the risks a ssociated 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, includ ing 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 environment and, as a result, are far safer than conventional opera tions conducted with manned

aircraft operating in close proximity to the ground and people.