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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 the 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

Sho-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 Power Electric Cooperative also 

headquartered in Marshfield, MO. Sho-Me Technologies operates an advanced fiber optic 

communication network.

The safety and efficiency of infrastructure operations is heavily dependent upon constant 

analysis 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. 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 Lines, 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 general asset evaluation would not eliminate these risks entirely (as it 
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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 across portions 

of several states, this sheer amount of assets and the widely dispersed locations, in many instances 

across rural areas, means that visual inspection in all instances by company personnel can be 

inefficient. Aerial analysis by traditional fixed wing aircraft is another method utilized, however only 

partially beneficial because the required altitudes and speeds for safe flight can reduce visibility 

below meaningful levels and it is simply not possible to see all asset anomalies from such heights. 

Helicopters present better vantage points; however 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 potential 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)1through 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 the 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 

regulation. 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 appreciable 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, 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.
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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 

analysis 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 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 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 
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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 liquid 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 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 under 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 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 provided 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

Sho-Me requests the FAA to advise on the intended pilots licensing requirements. Sho-Me intends to 

use employee(s) with a private/sports pilot certificate. When the FAA introduces sUAS specific 

regulations (such as 14 C.F.R. 107), Sho-Me will transition to the appropriate licensure at that 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 exemption 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.
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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 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. 

Sho-Me 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. Sho-Me intends to flight instruction to be in 

accordance with the manufacturer’s guidelines 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 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 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 be 
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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 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 itself.

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 

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, 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.” 

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 Registration 

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 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. 
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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 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 

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 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 which the FAA has 

learned through the rulemaking process have proven impractical for the use of sUASs.
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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/download
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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 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 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 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

environment and, as a result, are far safer than conventional operations conducted with manned 

aircraft operating in close proximity to the ground and people.