Direct Dial: 703.760.5204 

kpomfret@williamsmullen.com 

BYFEDEX 

WILLIAMS MULLEN 

July 27, 2015 

U.S. Department of Transportation, Docket Operations 

West Building Ground Floor, Room W12-140 

1200 New Jersey Avenue, SE 

Washington, D.C. 20590 

Re: Section 333 Exemption Request 

Dear Sir or Madam: 

'- .· _,. : ... · . ..[· 

Pursuant to Section 333 ofthe FAA Modernization and Reform Act of2012 (the 

"Reform Act"), Nationwide Insurance ("Petitioner") hereby applies for an exemption from the 

Federal Aviation Regulations ("FARs") described in Section VII below and any other 

exemptions necessary to allow Petitioner to operate the small Unmanned Aircraft Systems 

("UAS") described in Section IV to (i) inspect commercial and residential buildings to assist in 

insurance underwriting and determining insurance claims and (ii) collect information critical to 

policyholders and first responders immediately prior to and following a natural disaster, as more 

fully described in Section IX below. 

I. Background on Petitioner 

Nationwide, a Fortune 100 company based in Columbus, Ohio, is one of the largest and 

strongest diversified insurance and financial services organizations in the U.S. and is rated A+ by 

both A.M. Best and Standard & Poor's. The company provides a full range of insurance and 

financial services, including auto, commercial, homeowners, farm and life insurance; public and 

private sector retirement plans, annuities and mutual funds; banking and mortgages; pet, 

motorcycle and boat insurance. 

II. Contact Information 

28620884_1 

The contact information for Petitioner is set forth below: 

Nationwide Insurance 

c/o Peter D. Lore 

AVP, P&C Property Claims 

Nationwide Insurance 

3 Nationwide Plaza, 3-13-202 

Columbus, OH 43215 
WILLIAMS MULLEN 

U.S. Department of Transportation, Docket Operations 

July 27,2015 

Page 2 

III. Request for Exemption to Use UAS for Survey and Inspection of Damage after 

Casualty Events and Risk Assessment and Management 

Petitioner proposes to inspect commercial and residential buildings using the UAS under 

controlled conditions. The data collection will be conducted for commercial purposes, primarily 

to assist in insurance underwriting and determining insurance claims. In each case aerial data 

collection will be conducted under the conditions set forth herein and the Section 333 exemption 

grant. In that regard, the airspace will be (i) limited, (ii) predetermined, and (iii) controlled as to 

access. Petitioner will limit operations to property whose owners have been notified in advance 

and have provided consent. Operations will always occur within the line of sight of the UAS 

operator. Petitioner will take steps to protect the privacy of the property owners and nearby 

individuals. 

In addition, Petitioner proposes to conduct operations, subject to notice to and approval 

of proper federal, state and local officials, over areas that have suffered a natural disaster, or are 

about to suffer a natural disaster, such as a hurricane, tornado, flood or wildfire. The purpose of 

these operations will be to develop practices and procedures that will improve the speed of 

Petitioner's response and increase the amount and type of information Petitioner can provide 

policyholders, first responders and appropriate industry experts in a timely manner. In 

connection with such operations, Petitioner will develop operating procedures that will integrate 

UAS into its response strategy to ensure safety to persons and property. 

Given the potential for this exemption to lead to developments that will save lives and 

property after a storm or disaster, the Petitioner requests that this request for exemption be 

considered on an expedited basis. In that regard, Petitioner notes that the FAA has previously 

granted exemptions for similar activities for the Microdrone md4-1 000, the Altura Zenith ATX8, 

the DJI Phantom 2 and the DJI Inspire. I. 1 

IV. Unmanned Aircraft System 

A. Microdrone md4-1 000 

The Microdrone md4-1 000 is a battery powered quadcopter weighing less than 6 kg, 

including payload. It has a maximum speed of 26 mph and a maximum flight operating 

endurance of 88 minutes. Its flight and navigation controller centers on an inertial measurement 

1 See, e.g., Asymmetric Technologies (Microdrone md4-1000- Exemption No. 11171), State Farm Mutual 

Automobile Insurance Company (Altura Zenith ATX8- Exemption No. 11175 and Exemption 11188), Montico Inc. 

(DJI Phantom 2- Exemption 11230), Erie Insurance (DJI Phantom 2- Exemption 11293), NextEra Energy, Inc. 

(DJI Phantom 2- Exemption 11224), Travelers Companies, Inc. (DJI Phantom 2- Exemption 11494) Build 

Imagery, LLC (DJI Inspire 1 -Exemption 11204),) and CineDrones, LLC (DJI Inspire 1 -Exemption 11279). 

28620884_1 
WILLIAMS MULLEN 

U.S. Department of Transportation, Docket Operations 

July 27,2015 

Page 3 

unit, consisting of an accelerometer and a gyroscope for each axis, supplemented by a 3-axis 

magnetometer, a barometric altitude sensor and a GNSS receiver. With all these sensor readings 

put together, the md4-1000 is able to fly self-stabilized with GNSS Position Hold. As soon as 

there is no input from the operator, the md4-1 000 will stay on the spot, waiting for the next 

command. It is possible to let the md4-1 000 hover in the same spot for several minutes. 

The aircraft is operated using a remote control ground station and is capable of setting 

pre-programmed distance and height limits. In the event of a loss link, GPS failure or law 

battery condition, the aircraft can be programmed to descend and land or return to home. 

B. Aerialtronics Altura Zenith ATX8 

The Altura Zenith ATX8 is a multi-rotor aircraft built with a monocoque carbon airframe. 

The Zenith has a 5.6 kg take-off weight and a maximum payload of2.9 kg. The Zenith carries a 

16.600 mAh battery, which facilitates up to 45 minutes of flight-time. It can be flown with either 

a radio or tablet and carries a variety of payloads. The Zenith has a maximum cruise speed of 20 

m/s. It features auto-takeoff and landing, auto go home and landing, GPS waypoint navigation, 

direction lock, and GIS mapping. Specifications include: 

• Length x Width: 23.6" x 23.6" 

• Height: 13. 7"- 21.6" tall 

• Weight: 7.7lbs., without payload (less than 15 lbs. with payload) 

C. DJI Phantom 2 Vision+ 

The DJI Phantom 2 Vision+ is a light weight multi-rotor copter that that will be operated 

at a maximum speed of less than 50 mph and a flight time of no more than 20 minutes. It has a 

high level of pre-programmed controls and various built-in technical capabilities (programming 

of a geo-fence and height limitations) that prevent the operator from doing a mission outside of 

the operating limits. If its communications with the PIC is lost, the safety system will allow it 

either to hover in place and slowly descend or to return to a predetermined point. 

D. DJI Inspire 1 

The DJI Inspire 1 weighs less than 7 lbs., has four motors and has the ability to hover and 

move along a vertical and horizontal plane simultaneously. Its dimensions are 438mm x 451mm 

x 301mm or 17.24inch x 17.75inch x 11.85 inches. Under still air the maximum speed is no 

more than 49mph with a cruising speed of 25mph. Its safety system will allow it either to hover 

in place and slowly descend if communication with the PIC is lost or to return to a predetermined 

point. 

28620884_1 
WILLIAMS MULLEN 

U.S. Department of Transportation, Docket Operations 

July 27, 2015 

Page4 

In support of this exemption request, Petitioner is submitting under separate cover the 

applicable operational documents for the UAS described above (the "Operational Documents"). 

We request that the Operational Documents be given confidential treatment. 

V. Statutory Authority for Requested Exemptions 

This petition for exemption is submitted in accordance with Section 333 of the Reform 

Act. Pursuant to Section 333 ofthe Reform Act, the Federal Aviation Administration (FAA) 

Administrator (the "Administrator") is to permit operation of an unmanned aircraft system where 

it does not create a hazard to users of the national airspace system (NAS) or the public or pose a 

threat to national security. Moreover, the Federal Aviation Act grants the Administrator general 

authority to grant exemptions from the agency's safety regulations and minimum standards when 

the Administrator decides such a requested exemption is in the public interest. See 49 U.S. C. 

§§ 106(£), 44701-44716, et seq. A party requesting ap exemption must explain the reasons why 

the exemption: (i) would benefit the public as a whole, and (ii) would not adversely affect safety 

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

VI. Safety Measures and Public Interest Benefits 

As described in more detail in Section IX, the Petitioner will take measures to ensure 

such operations will not create a hazard to aviation or the public. Flights will be conducted 

under 400 feet AGL thereby avoiding interference with users of the NAS. Flights will be 

suspended immediately to yield right-of-way to any other aircraft. Geo-fencing will be utilized 

when available to ensure that a UAS does not fly outside of the intended area. The site will be 

secured and only authorized personnel will be permitted on the grounds. Given the size and 

speed of the UAS, the controlled nature of the locations being used and the lack of explosive 

materials or flammable jet fuels, the operations will not pose a threat to national security. 

There are a number of reasons why granting the Petitioner's request to operate the UAS 

for commercial aerial data collection is in the public interest. For example, use ofUAS in this 

manner will make conditions for insurance claim representatives safer. Today claim 

representatives must climb onto a roof for data collection. Such activities are inherently 

dangerous as each year claim handlers are injured due to falls from roofs. Claim handlers will be 

able to reduce their exposure to such hazards by using a UAS. In addition, they will be able to 

obtain the data necessary to make accurate assessments of a roof more quickly. In addition, the 

use of the UAS to conduct aerial data collection over areas that have been impacted by a natural 

disaster will allow access to areas that are dangerous to reach by foot. 

28620884_1 
WILLIAMS MULLEN 

U.S. Department of Transportation, Docket Operations 

July 27, 2015 

Page 5 

VII. Specific Sections from Which Petitioners Seek an Exemption 

Based upon the information provided and the exemptions that the FAA has already 

granted pursuant to Section 333, the Petitioner requests the following exemptions: 

14 C.F.R. § 61.23(a) 

14 C.F.R. § 61.23(c) 

14 C.F.R. § 61.101(e)(4) 

14 C.F.R. § 61.101(e)(S) 

14 C.F.R. § 61.113(a) 

14 C.F.R. § 61.315(a) 

14 C.F.R. § 91.7(a) 

14 C.F.R. § 91.119(c) 

14 C.F.R. § 91.121 

14 C.F.R. § 91.151(a)(1) 

14 C.F.R. § 91.405(a) 

14 C.F.R. § 91.407(a)(1) 

14 C.F.R. § 91.409(a)(1) 

14 C.F.R. § 91.409(a)(2) 

14 C.F.R. § 91.417(a) 

14 C.F.R. § 91.417(b) 

VIII. Justifications for Each Exemption Request 

1. 14 C.F.R. § 61.23(a), 14 C.F.R. § 61.23(c), 14 C.P.R.§ 61.101(e)(4), 14 C.P.R. 

§ 61.101(e)(5), 14 C.P.R.§ 61.113(a) and 14 C.P.R.§ 61.315(a). 

Petitioner notes that FAA is requires the Pilot in Command to hold either an airline 

transport, commercial, private, recreational or sport certificate pilot license and either a current 

FAA airman medical certificate or a valid U.S. driver's license issued by a state, the District of 

Columbia, Puerto Rico, a territory, a possession, or the Federal government. Petitioner will 

ensure that its PICs will satisfy each of these requirements. Since Petitioner's PICs will be 

operating UAS under the same conditions as those previously granted, an equivalent level of 

safety will be met by granting these exemptions. 

2. 14 C.P.R. § 91.7(a) Civil aircraft worthiness. 

Section 91.7(a) requires that an operator determine an aircraft is in airworthy condition 

before a flight. Petitioner requests relief from this section provided that the operator of the UAS 

determines prior to each flight that the aircraft is in compliance with the applicable Operational 

Documents. Such pre-flight inspection will provide the equivalent level of safety as that 

28620884_1 
WILLIAMS MULLEN 

U.S. Department of Transportation, Docket Operations 

July 27, 2015 

Page 6 

provided by this section. Petitioner notes that the Administrator has granted relief from this 

section in previous exemptions. 

3. 14 C.P.R.§ 91.119(c) Minimum safe altitudes over congested and other areas. 

Section 91.119( c) establishes safe altitudes for operation of civil aircraft over areas other 

than congested areas. The Petitioner requests relief from this section with respect to those 

participating persons, vehicles, and structures directly involved with operations. The UAS will 

never operate at higher than 400 AGL. Relief from this section is warranted as operations will 

be conducted with adequate safety provisions as outlined herein and in the applicable 

Operational Documents. As a result, an equivalent level of safety will be met by granting this 

exemption. Petitioner notes that the Administrator has granted relief from this section in 

previous exemptions. 

4. 14 C.P.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." An exemption from this section may be needed if 

the UAS does not have a barometric altimeter, but instead has a GPS altitude read out. An 

equivalent level of safety will be achieved by the operator, pursuant to the applicable Operational 

Documents, confirming the altitude of the launch site shown on the GPS altitude indicator before 

flight. As a result, an equivalent level of safety will be met by granting this exemption. 

Petitioner notes that the Administrator has granted relief from this section in previous 

exemptions. 

5. 14 C.P.R.§ 91.15l(a)(l) 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." 

Complying with the 30 minute reserve would severely limit the length of the Petitioner's 

UAS flights and hamper operations. Given the limitations on the UAS's proposed flight area a 

longer time frame for flight in daylight conditions is reasonable. Operating the UAS in a tightly 

controlled area does not raise the type of risks that this section was intended to address, 

particularly given the size and speed of the UAS. Petitioner believes that an equivalent level of 

safety can be achieved by limiting flights to 50 minutes or 20% of battery power, whichever 

happens first. Petitioner notes that the Administrator has granted relief from this section in 

previous exemptions. 

28620884_1 
WILLIAMS MULLEN 

U.S. Department of Transportation, Docket Operations 

July 27, 2015 

Page 7 

6. 14 C.F.R. § 91.405(a) Maintenance required; 14 C.F.R. § 91.407(a)(l) Operation 

after maintenance, preventive maintenance, rebuilding or alteration; 14 C.F.R. 

§§ 91.409(a)(l) and (2) Inspections; 14 C.F.R. §§ 91.417(a) and (b) Maintenance 

records. 

Maintenance will be accomplished by the operator pursuant to the applicable Operational 

Documents. An equivalent level of safety will be achieved because the UAS 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 will be operating from no higher than 400 feet AGL 

and can immediately land. As provided in the applicable Operational Documents, 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. As a result, an equivalent level of safety will 

be met by granting this exemption. Petitioner notes that the Administrator has granted relief 

from this section in previous exemptions. 

7. Additional Relief. 

In addition to the exemptions listed above, the Petitioner requests exemption from such 

other rules and regulations as the FAA deems appropriate to enable the operations described 

herein. Since previous exemptions granted under Section 333 of the Reform Act have been 

effective for two years, the Petitioner also requests that if the FAA issues interim or final rules 

applicable to the operation of any UAS included herein after the Petitioner receives a Grant of 

Exemption that any conditions and limitations required in such Grant that are more burdensome 

than the new regulation be appropriately modified or removed. 

8. Expedited Process. 

Given that this exemption is similar to those that have already been granted, Petitioner 

requests that, if possible, this request for exemption be considered on an expedited basis. 

IX. Operating Parameters for UAS Use 

Petitioner proposes that if the requested exemptions are granted, it will operate the UAS 

under the following conditions: 

28620884_1 

1. UAS operations will be conducted by a Pilot in Command (PIC). The PIC shall hold 

an airline transport, commercial, private, recreational, or sport pilot certificate. The 

PIC will also hold a current FAA airman medical certificate or a valid U.S. driver's 
WILLIAMS MULLEN 

U.S. Department of Transportation, Docket Operations 

July 27, 2015 

Page 8 

28620884~1 

license issued by a state, the District of Colombia, Puerto Rico, a territory, a 

possession, or the Federal government. The UAS will be in visual line of site 

(VLOS) ofthe PIC at all times. 

2. All UAS operations will utilize a visual observer ("VO"). The VO will not perform 

any other duties beyond assisting the PIC with seeing and avoiding air traffic and 

other ground-based obstacles/obstructions. 

3. The PIC and VO will be able to communicate verbally at all times. 

4. Petitioner will rely on qualified vendors to provide a pilot qualification program, 

including a training program incorporating proper aircraft operations and safety 

standards. The PIC and the VO will have obtained the necessary 

qualifications/training. A record of completion of this qualification process will be 

documented and made available to the Administrator upon request. 

5. UAS will not be flown at ground speeds exceeding 100 mph. 

6. Flights will be operated at an altitude of no more than 400 feet above ground level. 

7. Each UAS operation will be completed within 50 minutes flight time or with 20% 

battery power remaining, whichever occurs first. At 30% battery the UAS will enter 

a return and land sequence; at 20% it will land immediately. 

8. UAS will not be operated over any person (other than participating personnel) at an 

altitude that is hazardous to persons or property on the surface in the event of a UAS 

failure or emergency. UAS will be operated at a distance from participating buildings 

of at least 10 feet. Operations will be conducted at least 500 feet from nonparticipating persons or buildings, unless barriers are in place to provide adequate 

protection. 

9. The UAS will abort the flight in the event ofunpredicted obstacles or emergencies in 

accordance with the applicable Operational Document. 

10. The UAS will remain clear and yield the right ofway to all other manned operations 

and activities at all times. 

11. UAS operations will not be conducted during night. 

12. The UAS will not be operated by the PIC from any moving device or vehicle. 
WILLIAMS MULLEN 

U.S. Department of Transportation, Docket Operations 

July 27, 2015 

Page 9 

13. The UAS will 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. 

14. The applicable Operational Documents and all documents required under 14 C.P.R. 

§ 91.9 and 91.203 will be available to the PIC at the Ground Control Station of the 

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

the Administrator upon request. 

15. Any incident, accident, or flight operation that transgresses the lateral or vertical 

boundaries of the operational area as defined by the applicable COA will be reported 

to the FAA's UAS Integration Office (AFS-80) within 24 hours. Accidents will be 

reported to the National Transportation Safety Board (NTSB). 

16. The operator will follow the procedures as outlined in its applicable Operational 

Documents. 

17. Prior to each flight, pilot will inspect the UAS to ensure it is in condition for safe 

flight. If the inspection reveals a discrepancy, the aircraft will be prohibited from 

operating until the necessary maintenance has been performed and the U AS is found 

to be in a condition for safe flight. 

18. All operations will be conducted over private or controlled-access property with 

permission from the land-owner/controller or authorized representative. Permission 

from the land-owner/controller or authorized representative will be obtained for each 

flight to be conducted. 

19. All maintenance and alterations will be properly documented in the aircraft records. 

20. Any UAS that undergoes maintenance or alterations that affect the UAS operation or 

flight characteristics will undergo a functional flight test in accordance with the 

applicable Operational Documents. 

21. Petitioner will institute a rigorous maintenance program to ensure airworthiness of the 

UAS. Operator will follow the manufacturer's UAS aircraft/component, 

maintenance, overhaul, replacement, inspection, and life limit requirements. 

22. Each UAS will comply with all manufacturer Safety Bulletins. 

X. Summary to be Published in Federal Register 

Petitioner: Nationwide Insurance 

28620884_1 
WILLIAMS MULLEN 

U.S. Department of Transportation, Docket Operations 

July 27,2015 

Page 10 

Sections of 14 C.F.R. Affected: § 61.23(a), § 61.23(c), § 61.101(e)(4), § 61.101(e)(5), 

§ 61.113(a), § 61.315(a) § 91.7(a); § 91.119(c); § 91.121; § 91.151(a)(l); § 91.405(a); 

§ 91.407(a)(l); §§ 91.409(a)(l) and (2); §§ 91.417(a) and (b). 

Description of Relief Sought: Petitioner seeks relief from the requirements of 14 C.F .R. 

§ 61.23(a); 14 C.F.R. § 61.23(c); 14 C.F.R. § 61.101(e)(4); 14 C.F.R. § 61.101(e)(5); 14 C.F.R. 

§ 61.113(a); 14 C.P.R.§ 61.315(a); § 91.7(a);14 C.F.R. § 91.119(c); 14 C.F.R. § 91.121; 14 

C.F.R. § 91.151(a)(l); 14 C.F.R. § 91.405(a); 14 C.F.R. § 91.407(a)(l); 14 C.F.R. 

§§ 91.409(a)(l) and (2); 14 C.F.R. §§ 91.417(a) and (b) to (i) inspect commercial and residential 

buildings to assist in insurance underwriting and determining insurance claims and (ii) collect 

information critical to policyholders and first responders immediately prior to and following a 

natural disaster. 

XI. Conclusion 

Satisfaction of the criteria provided in Section 333 of the Reform Act regarding size, 

weight, speed, operating capabilities, proximity to airports and populated areas, operation within 

visual line of sight, and national security, provide more than adequate justification for the grant 

of the requested exemption allowing operation ofPetitioner's UAS for inspection of commercial 

and residential buildings. Please contact Petitioner's outside counsel, Kevin D. Pomfret at 703-

760-5204 or kpomfret@williamsmullen.com with any questions about this filing. 

Sincerely, 

1Y ') I /};! f!-::l i I :v/t-' 

Kevin D. Pomfret 

KDP/kmb 

Attachments: Confidential Treatment is requested. 

28620884_1 

A. DJI Phantom 2 Vision+ User Manual 

B. DJI Inspire 1 User Manual, Safety Guidelines 

C. Microdrone md4-1 000 - Operators Handbook, Training Description and Flight 

Operation Checklist 

D. Altura Zenith ATX8- Operations Manual