Mark E. McKinnon Mark.McKinnon@dentons.com

D 703.336.8708

Dentons US LLP

1676 International Drive • Penthouse

McLean, VA 22102

United States

T 703.336.8800

F 703.336.8750

Salans FMC SNR Denton

McKenna Long

dentons.com

August 6, 2015

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington DC 20590

Re: Petition of Auto-Owners Insurance Company and its subsidiaries Auto-Owners 

Life Insurance Company, Owners Insurance Company, Home-Owners Insurance 

Company, Property-Owners Insurance Company, and Southern-Owners 

Insurance Company for Grant of Exemption Pursuant to Section 333 of the FAA 

Modernization and Reform Act of 2012

To Whom it May Concern:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (Reform 

Act) and 14 C.F.R. Part 11, Auto-Owners Insurance Company and its subsidiaries, Auto-Owners 

Life Insurance Company, Owners Insurance Company, Home-Owners Insurance Company, 

Property-Owners Insurance Company, and Southern-Owners Insurance Company (collectively 

referred to in this petition as "AOIC") hereby applies for a Grant of Exemption from the Federal 

Aviation Regulations (FARs) identified below, to operate small unmanned aerial vehicles (i.e., 

small unmanned aircraft systems or UAS) for the purpose of conducting aerial data collection in 

support of its insurance activities. In particular, AOIC seeks permission to operate the DJI 

Phantom line of vehicles as well as the 3D Robotics Solo. AOIC respectfully submits that this 

Petition for Exemption qualifies for expedited approval, as the Federal Aviation Administration 

(FAA) has previously issued grants of exemption in circumstances similar in all material respects 

to those presented herein. 

In addition to this Petition for Exemption, AOIC will also submit the following operating 

documents under separate cover:

 AOIC Operations Manual 

AOIC submits this manual as confidential documents under separate cover pursuant to 14 

C.F.R. § 11.35(b), as the manual contains confidential commercial and proprietary information 

that is not generally made available to the public. As a result, the information is also protected 

from release under the Freedom of Information Act, 5 U.S.C. § 552 et seq.

For your convenience, this Petition is organized as follows:
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TABLE OF CONTENTS

Page

I. BACKGROUND & DESCRIPTION OF PETITIONER ....................................................................3

II. DESCRIPTION OF PROPOSED OPERATION...............................................................................3

III. RELEVANT STATUTORY AUTHORITY ....................................................................................4

IV. AOIC'S PROPOSED UAS OPERATIONS MEET THE REQUIREMENTS OF SECTION 333

OF THE REFORM ACT ............................................................................................................5

A. Approval is Warranted Based on the UAS's Size, Weight, Speed, and 

Operational Capability.............................................................................................5

B. Approval is Warranted Based on the Operational Restrictions in AOIC's

Operating Documents ..............................................................................................6

V. REGULATIONS FROM WHICH EXEMPTION IS SOUGHT...........................................................6

A. 91.9(c), 45.23(b) and 45.27(a): Aircraft Marking and Identification 

Requirements ...........................................................................................................7

B. 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2); 91.417(a) and (b): 

Maintenance Inspections..........................................................................................8

C. 61.23(a) and (c), 61.113, 61.101(e)(4) and (5), 61.315: Private, 

Recreational and Sport Pilot Medical Certificate, Privileges and 

Limitations...............................................................................................................9

D. 91.7(a): Civil Aircraft Airworthiness.......................................................................9

E. 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft and 91.203(a) and 

(b): Carrying Civil Aircraft Certification and Registration ...................................10

F. 91.103: Preflight Action.........................................................................................11

G. 91.109(a): Flight Instruction ..................................................................................11

H. 91.119(c): Minimum Safe Altitudes Over Other Than Congested Areas..............12

I. 91.121: Altimeter Settings.....................................................................................12

J. 91.151(a): Fuel Requirements for Flight in VFR Conditions................................13

VI. DRUG AND ALCOHOL PROGRAM.........................................................................................14

VII. PUBLIC INTEREST................................................................................................................14

VIII. PRIVACY .............................................................................................................................14

IX. FEDERAL REGISTER SUMMARY...........................................................................................14

X. CONCLUSION.......................................................................................................................14
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I. BACKGROUND & DESCRIPTION OF PETITIONER

Auto-Owners is the largest property and casualty insurance company domiciled in 

Michigan. Auto-Owners has underwriting, marketing and claims offices throughout the United 

States, including Michigan, Alabama, Arizona, Arkansas, Colorado, Florida, Georgia, Idaho, 

Iowa, Indiana, Illinois, Kansas, Kentucky, Minnesota, Missouri, Nebraska, North Carolina, 

North Dakota, Ohio, Pennsylvania, South Carolina, South Dakota, Tennessee, Utah, Virginia, 

and Wisconsin. 

Auto-Owners’ success evolves from its loyal agents, policyholders and associates. The 

companies are represented by more than 6,200 independent agencies, selling personal and 

commercial property/casualty and life, health and annuity insurance in 26 states. Total associates 

number more than 4,200. 

Auto-Owners property and casualty companies have the highest possible ratings from A.M. Best 

Company, A++ (Superior), and the Auto-Owners Life Insurance Company is rated A+ 

(Superior). The companies are also rated very highly in ratings assigned by other nationally 

recognized independent rating authorities.

In accordance with 14 C.F.R. § 11.81(a), AOIC provides the following information in 

support of its Petition for Exemption. 

The contact information for Petitioner is as follows:

Sloan Banfield

Auto-Owners Insurance Company

6101 Anacapri Blvd.

Lansing, MI 48917

II. DESCRIPTION OF PROPOSED OPERATION

AOIC seeks an exemption pursuant to Section 333 of the Reform Act to use the DJI 

Phantom series of UAS and the 3D Robotics Solo for aerial data collection in support of its 

insurance business. For example, AOIC will utilize the vehicles for underwriting, claims 

adjustment, Loss Control, and in assessing damage after a catastrophic occurrence. 

AOIC is committed to maintaining the highest standards of flight safety. All UAS 

operations will be performed in accordance with the accompanying AOIC operating documents, 

and in accordance with the requirements of an applicable Certificate of Authorization ("COA"). 

Among other things, and as detailed in the operating documents, all UAS operations will occur 

in uncontrolled airspace, within visual line-of-sight (VLOS) of the pilot and visual observer, and 
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will be limited to daytime VFR conditions. Moreover, AOIC's operating documents incorporate 

redundant safeguards to enhance safety.

The proposed operations in this Petition for Exemption are not new or novel to the FAA. 

The FAA has previously issued grants of exemption to use small UAS for aerial data collection 

in support of similar inspection, survey and aerial imaging activities: See e.g., 

Exemption No. 11273 to AIG for insurance underwriting and inspection (Docket No. 

FAA-2014-0913);

Exemption No. 11293 to Erie Insurance for insurance underwriting and claims 

adjustment (Docket No. FAA-2014-0692);

The low-risk UAS operations proposed by AOIC in this Petition for Exemption fall 

squarely within the category of aerial data collection that has been subject to previous approval. 

III. RELEVANT STATUTORY AUTHORITY

This Petition for Exemption is submitted pursuant to Section 333(a) through (c) of the 

Reform Act. Congress has directed the FAA "to safely accelerate the integration of civil unmanned 

aircraft systems into the national airspace system." Pursuant to Section 333 of the Reform Act, the 

FAA Administrator is to permit unmanned aircraft systems to operate in the National Airspace 

System (NAS) where it is safe to do so based on the following considerations:

 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 the visual line of sight of the operator.

Additionally, the FAA Administrator has general authority to grant exemptions from the 

agency's safety regulations and minimum standards when the Administrator decides a requested 

exemption is in the public interest. See 49 U.S.C. § 106(f) (defining the authority of the 

Administrator); 49 U.S.C. § 44701(f) (permitting exemptions from §§ 44701(a), (b) and §§ 44702 –

44716, et seq.). A party requesting an exemption must explain the reasons why the exemption: (1) 

would benefit the public as a whole, and (2) would not adversely affect safety (or how it would 

provide a level of safety at least equal to the existing rules). See 14 C.F.R. § 11.81 (petitions for 

exemption).
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IV. AOIC'S PROPOSED UAS OPERATIONS MEET THE REQUIREMENTS OF SECTION 333 OF 

THE REFORM ACT

AOIC's proposed operations in this Petition for Exemption qualify for expedited approval 

under Section 333 of the Reform Act, as each of the statutory criteria and relevant factors are 

satisfied and the FAA has previously issued grants of exemption in circumstances similar to those 

presented in this Petition for Exemption.

A. Approval is Warranted Based on the UAS's Size, Weight, Speed, and 

Operational Capability 

The DJI Phantom series of vehicles, including the Phantom II, the Phantom II Vision+, and 

Phantom III all meet the requirements of Section 333 of the Reform Act due to their weight, speed 

and operational capabilities. They are battery operated aircraft with a gross take-off weight of under 

5 pounds. They have maximum speeds of under 30 knots, and a maximum rate of climb of 5 meters 

per second. The largest of the vehicles have a span of under .6 meters. 

The vehicles employ geofencing as well as automatic systems for responding to a lost link or 

loss of positive control, including a return to home feature. The FAA has already ruled that the DJI 

Phantom series meets all of the criteria set forth in Section 333 of the FAA Modernization and 

Reform Act of 2012. See, Exemption No. 11860, Docket No. FAA-2015-1127. Therefore, based on 

the foregoing, AOIC requests permission to operate the DJI Phantom II, II Vision+, and III.

In addition, 3DR Solo also meets the requirements of the Reform Act. See Exemption 

No. 11954, FAA Docket No. 2015-1402. The 3DR Solo is a light weight battery powered 

quadcopter which incorporates a number of advanced safety features, including:

 A choice between automatic and manual take-off and landing.

 A sophisticated system of computer assisted navigation and flight management.

 Altitude is determined based on a combination of barometers and inertial navigation.

 The ability to both return to home or return to a predetermined point that has been 

preselected as free from obstructions or hazards.

 The ability to set custom battery charge warning levels and to set either an automatic return 

to home or return to a preset location in the event of a low battery.

 Tactile feedback in the controller when warnings are given to alert the pilot to certain 

conditions such as low battery.
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 Programmable geo-fencing capabilities allowing the creation of a virtual “safety fence.”

The Solo weighs less than 5 pounds fully loaded, has a maximum speed of 25 meters per 

second, and has a maximum ascent and decent of less than 5 meters per second. Based on the 

foregoing, the 3DR Solo is a suitable vehicle for operations under Section 333 of the Reform Act. 

B. Approval is Warranted Based on the Operational Restrictions in AOIC's

Operating Documents 

The operating documents for the selected UAS contain all the procedures and limitations 

necessary to safely and successfully perform the proposed operations. To expedite the FAA's safety 

assessment of AOIC's proposed UAS operations, AOIC has tailored its operating documents to 

comply with the conditions and limitations imposed on similarly situated petitioners seeking to use 

small UAS for aerial data collection. See e.g., Grant of Exemption No. 11761 issued to Dronair 

Solutions, Docket No. FAA-2015-0648. In particular, the operating documents contain systems and 

procedures to permit AOIC to comply with the conditions and limitations in the FAA's Grant of 

Exemption. Id. 

V. REGULATIONS FROM WHICH EXEMPTION IS SOUGHT

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This 

statutory authority, by its terms, includes exempting civil aircraft, as the term is defined under 

§ 40101 of the Act, including UAS, from its safety regulations and minimum standards when the 

Administrator decides a requested exemption is in the public interest.1

AOIC seeks an exemption from several interrelated provisions of 14 C.F.R. Parts 45, 61 and 

91 for purposes of conducting the requested operations using small UAS, including:

FAR Description

91.9(c); 45.23(b) and 

45.27(a)

Aircraft Marking and Identification Requirements

91.405(a); 91.407(a)(1); 

91.409(a)(1) and (2); 

91.417(a) and (b) 

Maintenance and Inspection Requirements 

61.23(a) and (c); 61.113; 

61.101(e)(4) and (5); 61.315

Private, Recreational and Sport Pilot Medical Certificate

Privileges and Limitations

 

1

See 49 U.S.C. § 44701(f) (authorizing the grant of exemptions from requirements of regulations prescribed 

pursuant to Sections 44701(a) and (b) and Sections 44702 - 44716).
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91.7(a) Civil Aircraft Airworthiness

91.9(b)(2); 91.203(a) and

(b)

Carrying Aircraft Flight Manual, Certification and Registration in 

the Aircraft 

91.103 Preflight Action

91.109(a) Flight Instruction

91.119(c) Minimum Safe Altitudes Over Other than Congested Areas

91.121 Altimeter Settings

91.151(a) Fuel Requirements for Flight in VFR Conditions 

Listed below are the specific sections of 14 C.F.R. for which an exemption is sought, and the 

operating procedures and safeguards that Petitioner has established which will ensure a level of 

safety better than or equal to the rules from which exemption is sought.2

A. 91.9(c), 45.23(b) and 45.27(a): Aircraft Marking and Identification 

Requirements

AOIC seeks an exemption from the aircraft marking and identification requirements 

contained in 14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a).

● 14 C.F.R. § 91.9(c), Civil Aircraft Flight Manual, Marking and Placard Requirements, 

provides that:

No person may operate a U.S.-registered civil aircraft unless that aircraft is identified 

in accordance with Part 45 of this chapter.

● 14 C.F.R. § 45.23(b), Markings of the Aircraft, states:

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 

 

2

See 14 C.F.R. § 11.81(e), which requires a petition for exemption to include:

The reasons why granting the exemption would not adversely affect safety, or how the exemption 

would provide a level of safety at least equal to that provided by the rule from which you seek 

exemption.
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nor more than 6 inches high, the words "limited," "restricted," "light-sport, 

"experimental," or "provisional," as applicable.

● 14 C.F.R. § 45.27(a), Rotorcraft, states:

Each operator of a rotorcraft must display on that rotorcraft horizontally on both 

surfaces of the cabin, fuselage, boom, or tail the marks required by § 45.23.

In prior grants of exemption under Section 333 of the Reform Act, the FAA determined that 

exemption from these requirements was warranted provided that the aircraft "have identification (NNumber) markings in accordance with 14 C.F.R Part 45, Subpart C if the markings are as large as 

practicable."

3 All UAS flown by AOIC will bear N-number markings that are as large as practicable 

in accordance with 14 C.F.R. Part 45, Subpart C.4 

B. 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2); 91.417(a) and (b): Maintenance 

Inspections

AOIC seeks an exemption from the maintenance inspection requirements contained in 14 

C.F.R. § 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2); 91.417(a) and (b). These regulations specify 

maintenance and inspection standards in reference to 14 C.F.R. Part 43.5 An exemption from these 

regulations is needed because Part 43 and these sections only apply to aircraft with an airworthiness 

certificate, which the UAS to be operated under this grant of exemption will not have. 

An equivalent level of safety will be achieved because maintenance and inspections will be 

performed in accordance with the operating documents and any required manufacturer Safety or 

Service Bulletins. Further, as required by the operating documents, the Pilot in Command (PIC) will 

conduct a pre-flight inspection of the UAS and all associated equipment to account for all 

discrepancies and/or inoperable components. Maintenance will be performed and verified to address 

any conditions potentially affecting safe operation of the UAS and no flights will occur unless, and 

until, all flight critical components of the UAS have been found to be airworthy and in a condition 

safe for operation. A functional test flight will be conducted following the replacement of any flightcritical components. As required by the operating documents, the PIC who conducts the functional 

test flight will make an entry in the UAS aircraft records of the flight. 

The operating documents also include requirements to follow the UAS manufacturer’s 

maintenance, overhaul, replacement, inspection, and life limit requirements for the aircraft and 

aircraft components. Moreover, the operating documents also include procedures to document and 

maintain a record of the UAS maintenance, preventative maintenance, alterations, status of 

 

3

FAA Docket No. FAA-2014-0352.

4

See, e.g., FAA Docket No. FAA-2014-0352, at 14. 

5

See, e.g., 14 C.F.R. § 91.405(a) (stating that each owner or operator of an aircraft "[s]hall have the aircraft inspected as 

prescribed in subpart E of this part and shall between required inspections ...have discrepancies repaired as prescribed in 

part 43 of this chapter.").
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replacement/overhaul component parts, and the total time in service of Petitioner's UAS. As a whole, 

the maintenance and inspection procedures required by Petitioner's operating documents ensure that 

an equivalent or higher level of safety will be achieved.

C. 61.23(a) and (c), 61.113, 61.101(e)(4) and (5), 61.315: Private, Recreational 

and Sport Pilot Medical Certificate, Privileges and Limitations

AOIC seeks exemption from these sections, which restricts private, recreational or sport pilot 

certificate holders from flying aircraft for compensation or hire, and would also require a Class II 

Medical Certificate. The purpose of Part 61 is to ensure that the skill and competency of any PIC 

matches the airspace in which the PIC will be operating, as well as requiring certifications if the 

private pilot is carrying passengers or cargo for hire. In this case, while the UAS will be operated as 

part of a commercial operation, it carries neither passengers nor cargo. 

In the Grant of Exemption No. 11062 to Astraeus Aerial6, the FAA determined that the 

unique characteristics of UAS operation outside of controlled airspace did not warrant the additional 

cost and restrictions attendant with requiring the PIC to have a Commercial Pilot Certificate and 

Class II Medical Certificate. The fulfillment of the additional requirements for a private pilot to 

become qualified as a commercial pilot would not lead to any additional safety benefits when UAS 

operations are involved. 

More recently, the FAA determined that holders of recreational and sport pilot certificates 

would also have adequate aeronautical knowledge to pilot a UAS. Accordingly, because these 

individuals would also be subject to security screening by the Department of Homeland Security 

(DHS), the FAA determined that holders of recreational and sport pilot certificates would be 

qualified to serve as the PIC for UAS operations.7 

D. 91.7(a): Civil Aircraft Airworthiness

Inasmuch as there will be no airworthiness certificate issued for the UAS, AOIC seeks an 

exemption from 14 C.F.R. § 91.7(a), which requires that a civil aircraft be in an airworthy condition 

to be operated. While Petitioner’s UAS will not have an airworthiness certificate, the FAA has 

determined that for the purposes of this exemption the pilot may determine the aircraft is in an

airworthy condition prior to flight. The operating documents contain procedures, which allow the 

PIC to determine whether the aircraft is in a condition safe for flight, and an exemption from § 

91.7(a) is therefore warranted. 

 

6

FAA Docket No. FAA-2014-0352.

7

See Grant of Exemption No. 11213 to Aeryon Labs, Inc. (Docket No. FAA-2014-0642 at pgs. 8-9).
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E. 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft and 91.203(a) and 

(b): Carrying Civil Aircraft Certification and Registration

Title 14 C.F.R. § 91.9(b)(2) and § 91.203(a) and (b) require the operator to carry 

airworthiness documents and other aircraft manuals onboard the aircraft.

Pursuant to 14 C.F.R. § 91.9(b)(2):

(b) No person may operate a U.S.-registered civil aircraft –

...

(2) For which an Airplane or Rotorcraft Flight Manual is 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.

Pursuant to 14 C.F.R. § 91.203(a) and (b):

(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.

Given the small size and configuration of the UAS, it would be impossible to keep 

airworthiness documents and other aircraft manuals on board the UAS because there is simply no 

room and the UAS has no cabin or cockpit. 

In an FAA Office of Chief Counsel's Opinion dated August 8, 2014, and prepared by Dean E. 

Griffith, Attorney, AGC-220, it was acknowledged that the intent of 14 C.F.R. 91.9(b) and 91.203(a) 

and (b) is met if the pilot of the unmanned aircraft has access to the UAS flight manual, registration 

certificate, and other required documents from the ground control station from which he or she is 

operating the aircraft.8 As this FAA Office of Chief Counsel Opinion clarifies, the intent of the rule 

is to ensure the pilot has access to these key documents during flight. Therefore, an equivalent level 

 

8 Memorandum from Mark Bury, FAA Assistant Chief Counsel for International Law, Legislation and Regulation, to 

John Duncan, FAA Flight Standards Service (Aug. 8, 2014); see also Docket No. FAA-2014-0352 at 16-18.
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of safety will be achieved by ensuring that the pilot has access to the documents at the ground 

control station from which he or she is piloting the UAS.9 

F. 91.103: Preflight Action

Petitioner seeks an exemption from 14 C.F.R. § 91.103, which requires a PIC to become 

familiar with specific information before each flight, including information contained in the FAAapproved Flight Manual on board the aircraft. While the PIC will be familiar with all information 

necessary to safely conduct the flight, an exemption is requested to the extent that an FAA-approved 

Flight Manual is required.

Adherence to the requirements in the operating documents will ensure that the UAS is in an 

airworthy condition prior to flight. The PIC will perform a series of checklists designed to identify 

any defects or inoperable components, which cover pre-flight, take-off, landing and post-flight 

procedures. The PIC will also be required to review weather, flight requirements, battery charge, 

landing and takeoff distance, UA performance data, and contingency landing areas—before initiation 

of flight. Petitioner's operating documents will be kept at the ground control station and will be 

accessible to the PIC at all times while operating the UAS.

G. 91.109(a): Flight Instruction

Petitioner seeks an exemption from 14 C.F.R. § 91.109(a), which provides in pertinent part 

that "[n]o 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." UAS and remotely piloted 

aircraft, by their design, do not have functional dual controls. Instead, flight control is accomplished 

through the use of a device that communicates with the aircraft via radio communications. 

Accordingly, an exemption will be required for the flight instruction requirements of 14 C.F.R. § 

91.109(a). 

Given the size and speed of the UAS that Petitioner intends to use, an equivalent level of safe 

training can still be achieved without dual controls because no pilot or passengers are aboard the 

UAS, and as required by the operating documents, all persons will be a safe distance away in the 

event that the UAS experiences any difficulties during flight instruction. Moreover, all flight training 

will be conducted in controlled and sterile environment. As a whole, the procedures provided for in 

the operating documents ensure that UAS flight instruction can be performed safely.

 

9

See also Exemption No. 11213 to Aeryon Labs, Inc. at pg. 11:

The petitioner requested relief from 14 CFR § 91.9(b)(2): Civil aircraft flight manual, marking, and 

placard requirements and § 91.203(a) and (b): Civil aircraft: Certifications required. The FAA has 

previously determined that relief from these sections is not necessary. See Exemption No. 11062. 

Relevant materials may be kept in a location accessible to the PIC in compliance with the regulations.
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H. 91.119(c): Minimum Safe Altitudes Over Other Than Congested Areas

AOIC requests an exemption from the minimum safe altitude requirements of 14 C.F.R. § 

91.119(c).10 Section 91.119 prescribes the minimum safe altitudes under which aircraft may not 

operate, including 500 feet above the surface and away from any person, vessel, vehicle, or structure 

in non-congested areas. See 14 C.F.R. § 91.119(c). 

An exemption is required because the proposed UAS operations will normally need to occur 

below 400 feet AGL. Additionally, due to the nature of the proposed operations, the PIC and/or 

Observers may need to be less than 500 feet away from the UAS. Compared to flight operations with 

rotorcraft weighing far more than the maximum weights proposed herein, and given the lack of 

flammable fuel with the UAS, any risk associated with these operations is far less than those that 

presently exist with conventional aircraft. 

An equivalent level of safety will be achieved given the size, weight, and speed of the UAS, 

as well the controlled location where the operations will occur. In order to avoid any risk to manned 

aircraft, flight operations will be restricted to below 400 feet AGL. As set forth in the operating 

documents, the UAS will be operated in a controlled environment, and all flights will occur at a 

lateral distance of at least 500 feet from nonparticipating persons, unless that person is in a position 

where he or she is shielded from the UAS and any possible debris resulting from UAS failure. 

Procedures will be in place to ensure flight operations can be safely terminated if a nonparticipating 

person within 500 feet of the UAS leaves a shielded position. Further, UAS operations will occur at 

least 500 feet away from vehicles or structures unless the property owner/controller has granted 

permission and the PIC has made a safety assessment of the risk of operating closer to those objects, 

and operations near the PIC or Observer will not present an undue hazard per § 91.119(a). 

Adherence to these restrictions in AOIC's operating documents will ensure the proposed operations 

can be conducted without compromising safety to persons or property on the ground. 

I. 91.121: Altimeter Settings

To the extent necessary for AOIC to conduct the proposed operations, Petitioner requests an 

exemption from 14 C.F.R. § 91.121, which requires a person operating an aircraft to maintain 

cruising altitude or flight level by reference to an altimeter that is set to the elevation of the departure 

airport or barometric pressure. 

The FAA has stated that an equivalent level of safety to the requirements of 14 C.F.R. § 

91.121 can be achieved in circumstances where: (1) the UAS will be operated 400 feet AGL or 

below, (2) within VLOS, (3) where GPS based altitude information is relayed in real time to the 

 

10 Relief from § 91.119(a) will not be necessary because Petitioner will be able to perform an emergency landing without 

undue hazard to persons or property on the ground in the event of a failure. Petitioner's proposed UAS operations will 

not occur over congested areas, and therefore an exemption from § 91.119(b) will not be necessary. See e.g., Grant of 

Exemption No. 11157 to Slugwear, Inc., dba Likeonatree Aerial at pg. 15 (Docket No. FAA-2014-0534 ).
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operator at a ground-based on-screen display and, (4) where prior to each flight, a zero altitude 

initiation point is established for the PIC to confirm accuracy of the onboard GPS.

The UAS that Petitioner intends to use for performing the proposed operations meet all these 

operational characteristics. Moreover, the operating documents require the PIC to calibrate the 

aircraft's GPS compass prior to each flight operation. As the FAA has determined in circumstances 

similar to this Petition for Exemption, Petitioner's UAS and the safety mitigation procedures 

contained in the operating documents, ensure that an equivalent level of safety will be achieved, and 

a grant of exemption to the requirements of § 191.121 is therefore appropriate.11

J. 91.151(a): Fuel Requirements for Flight in VFR Conditions

AOIC requests an exemption from 14 C.F.R. § 91.151(a)'s fuel requirements for flight in 

Visual Flight Rules (VFR) conditions. Section 91.151 states:

(a) No person may begin 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.

Here, the technological limitations on UAS battery power means that no meaningful flight 

operations can be conducted while still maintaining a 30-minute battery reserve. An exemption from 

the fuel requirements of 14 C.F.R. § 91.151(a) is therefore required. 

The FAA has previously granted relief from the fuel requirements of § 91.151(a) for flight in 

daytime VFR conditions in circumstances similar to those presented in this Petition for Exemption.12

In Exemption No. 11213 to Aeryon Labs, Inc.13, the FAA determined that a requirements prohibiting 

the PIC from beginning a UAS flight unless (considering wind and forecast weather conditions) 

there was enough available power for UAS to operate for the intended operational time and to 

operate after that for at least five minutes or with the reserve power recommended by the 

manufacturer if greater, would ensure an equivalent level of safety to the fuel requirements of § 

91.151(a).14 Petitioner's operating documents impose this same requirements and an exemption from 

§ 91.151(a)'s fuel requirements for flight in VFR conditions is therefore appropriate. 

 

12 See e.g., Exemption Nos. 8811, 10808, and 10673.

13 Docket No. FAA-2014-0642.

14 Exemption No. 11213 at pg. 12.
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VI. DRUG AND ALCOHOL PROGRAM

AOIC has established policies to ensure that no person may participate in UAS flight 

operations if they are under the influence of alcohol or any drug. 

VII. PUBLIC INTEREST

The public interest will be served by granting AOIC's Petition for Exemption. Congress has 

established a national policy that favors early integration of UAS into the NAS in controlled, safe 

working environments such as those proposed in this Petition. Granting this Petition for Exemption 

helps fulfill Congress' goal in passing Section 333(a) through (c) of the Reform Act—the FAA 

Administrator's assessment of whether certain UAS may operate safely in the NAS before 

completion of the statutorily required rulemaking. 

The proposed UAS operations in this Petition for Exemption significantly improve safety and 

reduce risk by alleviating the public's exposure to danger associated with traditional aerial data 

collection methods, namely, full size fixed-wing aircraft and rotorcraft. The UAS that AOIC intends 

to use are light weight, are battery powered, and create no emissions. Moreover, in the unlikely

event that one of Petitioner's UAS crash, there is no fuel to ignite and explode. Any accident 

involving Petitioner's small lightweight UAS will present significantly less danger to the pilot and 

other individuals on the ground than one involving a full size helicopter. 

VIII. PRIVACY

The proposed operations will be conducted in accordance with applicable federal, state, or 

local laws regarding privacy. AOIC will not conduct flight operations over property that it does not 

own or control without the prior consent and knowledge of the property owner. 

IX. FEDERAL REGISTER SUMMARY

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the

FEDERAL REGISTER, should it be determined that publication is needed:

Petitioner seeks an exemption from the following rules in Title 14 of the Code of 

Federal Regulations:

45.23(b); 45.27(a); 61.23(a) and (c); 61.113; 61.101(e)(4) and (5); 61.315; 91.7(a); 

91.9(b)(2); 91.9(c); 91.103; 91.109(a); 91.119(b); 91.121; 91.151(a); 91.203 (a) & (b); 

91.405(a); 91.407(a)(1); 91.409(a)(1) & (2); 91.417 (a) & (b). 

The exemption will enhance safety by reducing risk to the general public and property 

owners from the substantial hazards associated with using conventional fixed-wing aircraft or 

rotorcraft for aerial data collection.

X. CONCLUSION

The proposed operations in this Petition for Exemption satisfy the criteria articulated in 

Section 333 of the Reform Act and the FAA has issued grants of exemption in circumstances similar 
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in all respects to those presented by AOIC in this Petition for Exemption. In consideration of the 

foregoing, this Petition for Exemption provides the FAA with all the necessary justification for 

granting the requested exemptions allowing AOIC to operate small UAS for the purpose of aerial 

data collection.

 

We thank you for your prompt consideration of our requested exemptions. Should you have 

any questions, or if you need additional information to support the requested exemptions, please do 

not hesitate to contact us.

Very Truly Yours, 

Mark E. McKinnon

Counsel for Auto Owners Insurance Company

Attachments