April 8, 2015

 Exemption No. 11293

 Regulatory Docket No. FAA–2014–0962

Mr. Mark E. McKinnon

Counsel for Erie Insurance Group

McKenna Long & Aldridge LLP

1676 International Drive Penthouse

McLean, VA 22102

Dear Mr. McKinnon:

This letter is to inform you that we have granted your request for exemption. It transmits our 

decision, explains its basis, and gives you the conditions and limitations of the exemption, 

including the date it ends.

The Basis for Our Decision

By letter dated November 14, 2014,1 you petitioned the Federal Aviation Administration 

(FAA) on behalf of Erie Insurance Group (hereinafter petitioner or operator) for an 

exemption. The exemption would allow the petitioner to operate an unmanned aircraft system 

(UAS) to conduct research and development at its own facilities and property (2) surveys and 

inspections, and (3) risk assessment, risk management, loss prevention, and underwriting.

See Appendix A for the petition submitted to the FAA describing the proposed operations and 

the regulations that the petitioner seeks an exemption.

The FAA has determined that good cause exists for not publishing a summary of the petition 

in the Federal Register because the requested exemption would not set a precedent, and any 

delay in acting on this petition would be detrimental to the petitioner.

 

1 By letter dated February 13, 2015, and posted to the public docket on March 4, 2015, the petitioner responded 

to the FAA’s request for information.
2

Airworthiness Certification

The UAS proposed by the petitioner is a DJI Phantom 2 Vision Plus.

The petitioner requested relief from 14 CFR part 21, Certification procedures for products 

and parts, Subpart H—Airworthiness Certificates. In accordance with the statutory criteria 

provided in Section 333 of Public Law 112−95 in reference to 49 U.S.C. § 44704, and in 

consideration of the size, weight, speed, and limited operating area associated with the 

aircraft and its operation, the Secretary of Transportation has determined that this aircraft 

meets the conditions of Section 333. Therefore, the FAA finds that the requested relief from 

14 CFR part 21, and any associated noise certification and testing requirements of part 36, is 

not necessary.

The Basis for Our Decision

You have requested to use a UAS for aerial data collection. The FAA has issued grants of 

exemption in circumstances similar in all material respects to those presented in your petition. 

In Grants of Exemption Nos. 11062 to Astraeus Aerial (see Docket No. FAA−2014−0352), 

11109 to Clayco, Inc. (see Docket No. FAA−2014−0507), 11112 to VDOS Global, LLC (see

Docket No. FAA−2014−0382), and 11213 to Aeryon Labs, Inc. (see Docket No. 

FAA−2014−0642), the FAA found that the enhanced safety achieved using an unmanned 

aircraft (UA) with the specifications described by the petitioner and carrying no passengers or 

crew, rather than a manned aircraft of significantly greater proportions, carrying crew in 

addition to flammable fuel, gives the FAA good cause to find that the UAS operation enabled 

by this exemption is in the public interest.

Having reviewed your reasons for requesting an exemption, I find that—

• They are similar in all material respects to relief previously requested in Grant of 

Exemption Nos. 11062, 11109, 11112, and 11213;

• The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and 

11213 also apply to the situation you present; and 

• A grant of exemption is in the public interest.

Our Decision

In consideration of the foregoing, I find that a grant of exemption is in the public interest. 

Therefore, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701, 

delegated to me by the Administrator, Erie Insurance Group is granted an exemption from 

14 CFR §§ 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a), 61.315(a), 91.7(a), 91.119(c), 

91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b), to 

the extent necessary to allow the petitioner to operate a UAS to perform aerial data collection. 

This exemption is subject to the conditions and limitations listed below.
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Conditions and Limitations

In this grant of exemption, Erie Insurance Group is hereafter referred to as the operator.

Failure to comply with any of the conditions and limitations of this grant of exemption will be 

grounds for the immediate suspension or rescission of this exemption.

1. Operations authorized by this grant of exemption are limited to the DJI Phantom 2 

Vision Plus when weighing less than 55 pounds including payload. Proposed 

operations of any other aircraft will require a new petition or a petition to amend this 

exemption.

2. Operations for the purpose of closed-set motion picture and television filming are 

not permitted. 

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The 

exemption holder may use either groundspeed or calibrated airspeed to determine 

compliance with the 87 knot speed restriction. In no case will the UA be operated at 

airspeeds greater than the maximum UA operating airspeed recommended by the 

aircraft manufacturer.

4. The UA must be operated at an altitude of no more than 400 feet above ground level 

(AGL). Altitude must be reported in feet AGL.

5. The UA must be operated within visual line of sight (VLOS) of the PIC at all times. 

This requires the PIC to be able to use human vision unaided by any device other than 

corrective lenses, as specified on the PIC’s FAA-issued airman medical certificate or 

U.S. driver’s license.

6. All operations must utilize a visual observer (VO). The UA must be operated within 

the visual line of sight (VLOS) of the PIC and VO at all times. The VO may be used 

to satisfy the VLOS requirement as long as the PIC always maintains VLOS 

capability. The VO and PIC must be able to communicate verbally at all times; 

electronic messaging or texting is not permitted during flight operations. The PIC must 

be designated before the flight and cannot transfer his or her designation for the 

duration of the flight. The PIC must ensure that the VO can perform the duties 

required of the VO.

7. This exemption and all documents needed to operate the UAS and conduct its 

operations in accordance with the conditions and limitations stated in this grant of 

exemption, are hereinafter referred to as the operating documents. The operating 

documents must be accessible during UAS operations and made available to the 

Administrator upon request. If a discrepancy exists between the conditions and 

limitations in this exemption and the procedures outlined in the operating documents, 
4

the conditions and limitations herein take precedence and must be followed. 

Otherwise, the operator must follow the procedures as outlined in its operating 

documents. The operator may update or revise its operating documents. It is the 

operator’s responsibility to track such revisions and present updated and revised 

documents to the Administrator or any law enforcement official upon request. The 

operator must also present updated and revised documents if it petitions for extension 

or amendment to this grant of exemption. If the operator determines that any update or 

revision would affect the basis upon which the FAA granted this exemption, then the 

operator must petition for an amendment to its grant of exemption. The FAA’s UAS 

Integration Office (AFS-80) may be contacted if questions arise regarding updates or 

revisions to the operating documents.

8. Any UAS that has undergone maintenance or alterations that affect the UAS operation 

or flight characteristics, e.g. replacement of a flight critical component, must undergo 

a functional test flight prior to conducting further operations under this exemption. 

Functional test flights may only be conducted by a PIC with a VO and must remain at 

least 500 feet from other people. The functional test flight must be conducted in such 

a manner so as to not pose an undue hazard to persons and property.

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is 

in a condition for safe operation.

10. Prior to each flight, the PIC must conduct a pre-flight inspection and determine the 

UAS is in a condition for safe flight. The pre-flight inspection must account for all 

potential discrepancies, e.g. inoperable components, items, or equipment. If the 

inspection reveals a condition that affects the safe operation of the UAS, the aircraft is 

prohibited from operating until the necessary maintenance has been performed and the 

UAS is found to be in a condition for safe flight.

11. The operator must follow the UAS manufacturer’s maintenance, overhaul, 

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

components.

12. Each UAS operated under this exemption must comply with all manufacturer safety 

bulletins.

13. Under this grant of exemption, a PIC must hold either an airline transport, 

commercial, private, recreational, or sport pilot certificate. The PIC must also hold 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. The PIC must also meet the flight review requirements specified in 

14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.
5

14. The operator may not permit any PIC to operate unless the PIC demonstrates the 

ability to safely operate the UAS in a manner consistent with how the UAS will be 

operated under this exemption, including evasive and emergency maneuvers and 

maintaining appropriate distances from persons, vessels, vehicles and structures. PIC 

qualification flight hours and currency must be logged in a manner consistent with 

14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs 

(training, proficiency, and experience-building) and determining the PIC’s ability to 

safely operate the UAS in a manner consistent with how the UAS will be operated 

under this exemption are permitted under the terms of this exemption. However, 

training operations may only be conducted during dedicated training sessions. During 

training, proficiency, and experience-building flights, all persons not essential for 

flight operations are considered nonparticipants, and the PIC must operate the UA 

with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119.

15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All 

operations must be conducted under visual meteorological conditions (VMC). Flights 

under special visual flight rules (SVFR) are not authorized.

16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as 

denoted in the current FAA Airport/Facility Directory (AFD) or for airports not 

denoted with an ARP, the center of the airport symbol as denoted on the current FAApublished aeronautical chart, unless a letter of agreement with that airport’s 

management is obtained or otherwise permitted by a COA issued to the exemption 

holder. The letter of agreement with the airport management must be made available 

to the Administrator or any law enforcement official upon request.

17. The UA may 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.

18. If the UAS loses communications or loses its GPS signal, the UA must return to a predetermined location within the private or controlled-access property.

19. The PIC must abort the flight in the event of unpredicted obstacles or emergencies.

20. The PIC is prohibited from beginning a flight unless (considering wind and forecast 

weather conditions) there is enough available power for the UA to conduct the 

intended operation and to operate after that for at least five minutes or with the reserve 

power recommended by the manufacturer if greater.

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All 

operations shall be conducted in accordance with an ATO-issued COA. The 

exemption holder may apply for a new or amended COA if it intends to conduct 

operations that cannot be conducted under the terms of the attached COA.
6

22. All aircraft operated in accordance with this exemption must be identified by serial 

number, registered in accordance with 14 CFR part 47, and have identification (NNumber) markings in accordance with 14 CFR part 45, Subpart C. Markings must be 

as large as practicable.

23. Documents used by the operator to ensure the safe operation and flight of the UAS and 

any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the 

PIC at the Ground Control Station of the UAS any time the aircraft is operating. These 

documents must be made available to the Administrator or any law enforcement 

official upon request.

24. The UA must remain clear and give way to all manned aviation operations and 

activities at all times. 

25. The UAS may not be operated by the PIC from any moving device or vehicle. 

26. All Flight operations must be conducted at least 500 feet from all nonparticipating 

persons, vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons 

from the UA and/or debris in the event of an accident. The operator must ensure 

that nonparticipating persons remain under such protection. If a situation arises 

where nonparticipating persons leave such protection and are within 500 feet of 

the UA, flight operations must cease immediately in a manner ensuring the safety 

of nonparticipating persons; and

b. The owner/controller of any vessels, vehicles or structures has granted permission 

for operating closer to those objects and the PIC has made a safety assessment of 

the risk of operating closer to those objects and determined that it does not 

present an undue hazard.

The PIC, VO, operator trainees or essential persons are not considered 

nonparticipating persons under this exemption.

27. All operations shall be conducted over private or controlled-access property with 

permission from the property owner/controller or authorized representative. 

Permission from property owner/controller or authorized representative will be 

obtained for each flight to be conducted.

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

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

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

reported to the National Transportation Safety Board (NTSB) per instructions 

contained on the NTSB Web site: www.ntsb.gov.
7

If this exemption permits operations for the purpose of closed-set motion picture and 

television filming and production, the following additional conditions and limitations apply.

29. The operator must have a motion picture and television operations manual (MPTOM) 

as documented in this grant of exemption.

30. At least 3 days before aerial filming, the operator of the UAS affected by this 

exemption must submit a written Plan of Activities to the local Flight Standards 

District Office (FSDO) with jurisdiction over the area of proposed filming. The 3-day 

notification may be waived with the concurrence of the FSDO. The plan of activities 

must include at least the following:

a. Dates and times for all flights;

b. Name and phone number of the operator for the UAS aerial filming conducted 

under this grant of exemption;

c. Name and phone number of the person responsible for the on-scene operation of 

the UAS;

d. Make, model, and serial or N-Number of UAS to be used;

e. Name and certificate number of UAS PICs involved in the aerial filming;

f. A statement that the operator has obtained permission from property owners 

and/or local officials to conduct the filming production event; the list of those 

who gave permission must be made available to the inspector upon request;

g. Signature of exemption holder or representative; and

h. A description of the flight activity, including maps or diagrams of any area, city, 

town, county, and/or state over which filming will be conducted and the altitudes 

essential to accomplish the operation.

31. Flight operations may be conducted closer than 500 feet from participating persons 

consenting to be involved and necessary for the filming production, as specified in the 

exemption holder’s MPTOM.

Unless otherwise specified in this grant of exemption, the UAS, the UAS PIC, and the UAS 

operations must comply with all applicable parts of 14 CFR including, but not limited to, 

parts 45, 47, 61, and 91.
8

This exemption terminates on April 30, 2017, unless sooner superseded or rescinded.

Sincerely,

/s/

John Barbagallo

Acting Deputy Director, Flight Standards Service
Albany 

Atlanta 

Brussels 

Denver 

McKenna Long 

& AldridgeLLP 

1676 International Drive • Penthouse 

Mclean, VA 22102 

Northern Virginia 

Orange County 

Rancho Santa Fe 

San Diego 

Los Angeles Tel: 703.336.8800 

mckennalong.com San Francisco 

Miami Seoul 

New York Washington, DC 

MARK E. MCKINNON 

703.336.8708 

EMAIL ADDRESS 

mmckinnon@mckennalong.com 

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE 

Washington, DC 20590 

November 14,2014 

Re: Petition of Erie Insurance Group for an Exemption Pursuant to Section 333 of the 

FAA Modernization and Reform Act of2012 

Dear Gentlemen: 

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

Act") and 14 C.P.R. Part 11, Erie Insurance Group ("Erie Insurance") hereby applies for an 

exemption from the Federal Aviation Regulations ("FARs") identified below, to allow 

commercial operations of small unmanned aerial vehicles (i.e., "small unmanned aircraft" or 

"UAS"). 

This exemption is made based on information outlined in this petition, as well as the 

accompanying Erie Operations Manual ("Operations Manual") and the DJI Phantom 2 Vision 

Plus Flight and Maintenance Manuals. Erie Insurance submits these supporting materials as 

confidential documents pursuant to 14 C.P.R. § 11.35(b ), as the materials contain confidential 

commercial and proprietary information that Erie has not and will not share with others. 

Additionally, these documents contain operating conditions and procedures that are not generally 

available to the public and are protected from release under the Freedom of Information Act, 5 

U.S.C. § 552 et seq., and any other requirements established by the FAA pursuant to Section 

333 of the Reform Act. 

For your convenience, this Petition is organized as follows: 

I. Description of Petitioner 

II. Types of Operations 
U.S. Department of Transportation 

November 14, 2014 

Page 2 

A. Request to Use UASs for R&D and Training at Test Sites Owned or 

Controlled by Erie Insurance 

B. Request to Use UASs for Survey and Inspection of Damage and Loss After 

Casualty Events 

C. Request to Use UASs for Risk Assessment, Risk Management, Loss 

Prevention, and Underwriting 

III. Relevant Statutory Authority 

IV. Erie Insurance's Proposed UAS Operations Meet the Requirements of Section 333 

of the Reform Act 

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

Operational Capability 

B. Approval is Warranted Based on the Operational Restrictions Set Forth in 

the Operations Manual 

V. Regulations From Which Exemption is Requested 

A. 14 C.F.R. Part 21, Subpart H- Airworthiness Certificates and 14 

C.F.R. § 91.203 

B. 14 C.F.R. Part 27 Airworthiness Standards: Normal Category 

Rotorcraft 

C. 14 C.F.R. § § 91.9(c), 45.23(b) and 45.27(a): Aircraft Marking and 

Identification Requirements 

D. 14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft and 14 

C.F.R. § 91.203(a) and (b): Carrying Civil Aircraft Certification and 

Registration 

E. 14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness 

F. 14 C.F.R. § 91.103: Preflight Action 

G. 14 C.F.R. § 91.109(a): Flight Instruction 

H. 14 C.F.R. § 91.119: Minimum Safe Altitudes 

I. 14 C.F.R. § 91.121: Altimeter Settings 

J. 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR 

Conditions 

K. 14 C.F.R. § 91.405(a), 91.407(a)(1), 91.409(a)(2); 91.417(a) and (b): 

Maintenance Inspections 

L. 14 CFR Part 61, 14 CFR 61.3, 14 CFR § 113: Private Pilot Privileges And 

Limitations 

VI. Drug and Alcohol Program 

VII. Public Interest 

VIII. Privacy 

IX. Federal Register Summary 

X. Conclusion 
U.S. Department of Transportation 

November 14,2014 

Page 3 

I. Description of Petitioner 

Erie Insurance Group consists ofthe Erie Insurance Exchange, Erie Indemnity Company, 

Erie Insurance Company, Erie Insurance Company of New York, Erie Insurance Property & 

Casualty Company, Flagship City Insurance Company and Erie Family Life Insurance Company 

(hereinafter collectively referred to as "Erie Insurance"). Operations began in 1925 when Erie 

Insurance Exchange began selling and issuing policies. Today, Erie Insurance sells insurance in 

Illinois, Indiana, Kentucky, Maryland, New York, North Carolina, Ohio, Pennsylvania, 

Tennessee, Virginia, West Virginia, Wisconsin and the District of Columbia. It has nearly five 

million policies in force for auto, home and commercial insurance. Erie Insurance is the 22nd 

largest property/casualty group based on Policyholder surplus, and the 16th largest 

property/casualty insurer in the United States based on total Lines net premiums written. It is the 

11th largest home insurer in the country. Erie Insurance currently has an A+ or superior rating 

for its property/casualty company from A.M. Best, a global credit rating agency with a unique 

focus on the insurance industry. 

Erie Insurance seeks an exemption to further its long history of providing the best service 

to its customers and local communities. Erie Insurance intends to use UASs in three general 

areas. First, Erie Insurance seeks an exemption to conduct Research and Development ("R&D") 

using UASs. Second, it will employ UASs to promptly survey and inspect its policyholders' 

property following casualty events. Third, Erie Insurance seeks permission to use UASs to 

perform risk assessment, risk management, loss prevention, and underwriting for its 

policyholders. 

Erie Insurance has an experienced UAS team encompassing a wide range of disciplines 

and skill sets to offer safe and effective services to its customers. The team includes experienced 

aviation system and inspection officials. 

The contact information for Erie Insurance is as follows: 

Gary Sullivan 

Vice President for Property and Subrogation 

Erie Insurance Group 

1 00 Erie Insurance Place 

Erie, PA 16530 

Phone: (814) 870-6046 
U.S. Department of Transportation 

November 14, 2014 

Page4 

II. Types of Operations 

A. Request to Use UASs for R&D and Training at Test Sites Owned or 

Controlled by Erie Insurance 

Erie Insurance seeks the following exemptions to conduct training and research and 

development at its own facilities and property. The test areas will not be open to the public and 

access will be restricted to Erie Insurance's employees or consultants engaged in flight tests, 

training, maintenance, or test-related work. The primary focus of Erie Insurance's R&D efforts 

is to evaluate how to best incorporate the UAS into Erie Insurance's survey, inspection, risk 

assessment, loss prevention, and underwriting procedures. 

B. Request to Use UASs for Survey and Inspection of Damage and Loss After 

Casualty Events 

The second component of Erie Insurance's request for exemption focuses on its use of 

UAS after casualty events. Erie Insurance has a large response team that responds to 

catastrophes and casualty events. Currently, Erie Insurance's response team uses conventional 

methods to conduct its surveys and inspections for damages and loss after a casualty event. The 

methods include the use of individuals to conduct physical inspections and evaluations of claims. 

By their very nature, these methods are more time consuming and expensive and carry their own 

substantial safety risks. 

Unfortunately, after casualty events, structures can be compromised, or access to portions 

of the property may be blocked due to flooding or debris. Sending a person in to inspect the 

upper portions of a damaged structure may not be practical or safe. These are the types of 

situations where UAS can provide a safe and effective alternative that not only permits an 

inspection, but can fully document the results. 

C. Request to Use UASs for Risk Assessment, Risk Management, Loss 

Prevention, and Underwriting 

Erie Insurance also seeks exemption to perform risk assessment, risk management, loss 

prevention and underwriting evaluations for its commercial and residential property 

policyholders. In particular, inspections and evaluations of the roofs oflarge commercial 

structures, or where the roof has an especially steep pitch, provides unique challenges. 

Currently, most such roofs have to be inspected by physically sending a person onto the structure 

using ladders. These inspections are time consuming and carry a number of different risks, all of 

which can be mitigated or eliminated through the use ofUAS. 
U.S. Department of Transportation 

November 14, 2014 

Page 5 

III. Relevant Statutory Authority 

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

FAA Modernization and Reform Act of2012 ("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 ofthe Reform Act, the FAA Administrator is to permit 

unmanned aircraft systems to operate in the National Air Space ("NAS") where it is safe to do so 

based on the following considerations: 

• The UAS's size, weight, speed and operational capability; 

• Operation ofthe UAS in close proximity to airports and populated areas; and 

• Operation ofthe UAS within the visual line of sight ofthe operator. 1 

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-

44 716, 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). 

IV. Erie Insurance's Proposed UAS Operations Meet the Requirements of Section 333 of 

the Reform Act 

Erie Insurance's proposed operations in this Petition for Exemption qualify for expedited 

approval pursuant to Section 333 of the Reform Act as each of the statutory criteria and relevant 

factors are satisfied. 

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

Operational Capability 

Erie Insurance will employ the DJI Phantom 2 Vision Plus quadcopter for the operations 

specified in this Petition for Exemption. This UAS has a maximum take-off weight of less than 3 

pounds. The flight speed will not exceed 35 miles per hour, and it will not be flown in controlled 

airspace or at an altitude that exceeds 400 feet AGL. All flights will be flown in such a way that 

they can be safely terminated with a reserve battery power of25% ofthe battery's maximum charge. 

1 Id. at 333(b)(l). 
U.S. Department ofTransportation 

November 14, 2014 

Page 6 

The DJI Phantom Vision II Plus does not carry any flammable propellant or fuel. The UAS also has 

an integrated GPS system that calculates the UAS's position and height and relays that information 

via a secure connection to the operator. Additionally, the UAS contains a failsafe mode if its 

connection to the remote control is lost, and this system permits the UAS to return to a 

predetermined location and land without injury or damage. 

B. Approval is Warranted Based on the Operational Restrictions Set Forth in the 

Operations Manual 

The Erie Insurance Operations Manual and the DJI's maintenance and flight manuals contain 

all of the procedures and limitations necessary to successfully perform the operations specified in 

this Petition for Exemption. To assist the FAA in making a safety assessment ofErie Insurance's 

operations, below is a summary of operational limitations and conditions which will ensure an 

equivalent or higher level of safety for operations conducted under current regulatory guidelines: 

1. The UAS weighs 5 pounds or less. 

2. Flights will be operated within the visual line of sight of a pilot and an observer. 

3. Maximum total flight time for each operational flight will be limited to the amount of 

time the U AS can be flown and still maintain a reserve battery power of no less than 

25%. 

4. Flights will be operated at an altitude of no more than 400 feet AGL and will not be 

conducted within navigable airspace. 

5. Flights will be operated at a lateral distance of at least 200 feet from any persons, 

inhabited structures, vehicles or vessels that are not involved in the inspection unless 

permission has been received from the persons or property owners in advance. 

6. Flights will be limited to a speed of35 m.p.h. and vertical ascent will be limited to 15 

m.p.h. 

7. Minimum crew for each operation will consist of the UAS Pilot, one or more Visual 

Observers as necessary to safely conduct the mission, and a Sensor Operator, if the 

sensor requires human direction or control. 

8. The observer designated for any operation will be in constant voice contact with the 

pilot. 

9. The UAS will operate in accordance with the requirements of its flight and 

maintenance manuals. 
U.S. Department of Transportation 

November 14,2014 

Page 7 

10. Prior to the operation, a Mission Plan will be created setting forth the limitations for 

the flight as well as contact and hazard information. 

11. A NOT AM will be issued not more than 72 hours in advance of flight, but not less 

than 48 hours before flight. 

12. A Certificate of Authorization will be obtained prior to flight. 

13. All required permissions and permits will be obtained from territorial, state, county or 

city jurisdictions, including local law enforcement, fire or other appropriate 

governmental agencies. 

14. The operator will coordinate all flights with the appropriate Flight Standards District 

Office. 

15. If the UAS loses communication with the pilot, it will have the capability to 

return to a pre-determined location within the operational area and land. 

16. Contingency plans will be in place to safely terminate flight ifthere is a loss of 

communication between the pilot and the observer. 

17. The UAS will have the capability to abort flight in the case ofunpredicted obstacles 

or emergencies. 

18. Both the Pilot and Observer will have a current Class III Medical Certificate 

V. REGULATIONS FROM WHICH EXEMPTION IS REQUESTED 

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 UASs, from its safety regulations and minimum standards 

when the Administrator decides a requested exemption is in the public interest. 2 

Erie Insurance seeks an exemption from several interrelated provisions of 14 C.F.R. Parts 

21, 45, 61 and 91 for purposes of conducting the requested operations using a UAS. Listed 

below are (1) the specific sections of 14 C.F.R. for which exemption is sought, and (2) the 

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

prescribed pursuant to Sections 4470l(a) and (b) and Sections 44702- 44716). 
U.S. Department of Transportation 

November 14, 2014 

Page 8 

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.3 

A. 14 C.F.R. Part 21, Subpart H- Airworthiness Certificates and 14 C.F.R. § 

91.203(a)(1) 

The FAA has stated that no exemption is needed from this section if a finding is made 

under the Reform Act that the UAS selected provides an equivalent level of safety when 

compared to aircraft normally used for the same application. These criteria are met, and 

therefore no exemption is needed. See Grant of Exemption to Astraeus Aerial, Docket No. FAA2014-0352 at 13-14,22. If, however, the FAA determines that there are some characteristics of 

the chosen UAS that fail to meet the requirements of the Reform Act, an exemption is requested. 

Equivalent Level of Safety 

The UASs selected by Erie is safe when taking into account their size, weight, speed, 

and operational capability. As set forth in Section II, Supra, the UAS weighs less than 5 pounds 

and will be flown at less than 35 miles per hour and completely outside controlled airspace. 

Additionally, the UASs carry neither pilots nor passengers, carry no explosive materials and or 

flammable liquid fuels, and operate exclusively within the parameters stated in the Operations 

Manual. 

Operations under this exemption will be closely controlled and monitored by the operator 

and will be conducted in compliance with local public safety requirements, to provide security 

for the area of operation. Erie Insurance will also provide the FAA with advance notice of all 

operations via NOTAMS and coordination with the local FSDO. In all cases, the UAS operated 

under the proposed conditions, will be at least as safe as, or safer than conventional rotorcraft 

operating with an airworthiness certificate without the restrictions and conditions of the proposed 

UAS operations. 

The UAS does not need a means to communicate with other aircraft or A TC, because 

those capabilities will be possessed by the pilot and observer, who are not onboard. See Grant of 

Exemption, Docket FAA-2014-0352 at 13. In addition, no sense and avoid technology is 

necessary on the UAS because it will be operated at all times by visual line-of-sight. Id. 

3 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. 
U.S. Department of Transportation 

November 14, 2014 

Page 9 

B. 14 C.F.R. Part 27 Airworthiness Standards: Normal Category 

Rotorcraft 

14 C.P.R. Part 27 sets forth the procedural requirements for airworthiness certification of 

normal category rotorcraft. To the extent the Petitioner's UAS would otherwise require 

certification under Part 27, Petitioner seeks an exemption from Part 27's airworthiness standards 

for the same reasons identified in the request for exemption from 14 C.F .R. Part 21, Subpart H, 

supra. 

C. 14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a): Aircraft Marking and 

Identification Requirements 

Erie Insurance seeks an exemption from the aircraft marking and identification 

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

• 14 C.P.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.P.R. § 45.23(b), Markings ofthe 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 nor more than 6 inches high, the words "limited," 

"restricted," "light-sport, "experimental," or "provisional," as applicable. 

• 14 C.P.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 a previous Grant of Exemption, the FAA determined that exemption from these 

requirements was warranted provided that the aircraft "have identification (N-Number) markings 

in accordance with 14 C.F.R part 45, Subpart C if the markings are as large as practicable." 

FAA Docket No. FAA-2014-0352. 
U.S. Department of Transportation 

November 14, 2014 

Page 10 

Equivalent Level of Safety 

Erie Insurance will mark all aircraft with their N-Number in a prominent spot on the 

fuselage with markings that are as large as practicable. 

D. 14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft and 14 

C.F.R. § 91.203(a) and (b): Carrying Civil Aircraft Certification and 

Registration 

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. 

Erie Insurance does not request an exemption from this section but instead notifies the 

FAA that, in accordance with FAA Office of Chief Counsel's Opinion dated August 8, 2014, the 

UAS flight manual, registration certificate and other documentation will be kept at the control 

station with the PIC during flight. The Chief Counsel's Office has held that for all UAS 

operations, this alternate method constitutes full compliance with the regulations. 

E. 14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness 

Erie Insurance seeks an exemption from 14 C.F.R. § 91.7(a), which requires that a civil 

aircraft be in airworthy condition to be operated. The FAA has stated that no exemption is 

required to the extent that the requirements of Part 21 are waived or found inapplicable. 
U.S. Department of Transportation 

November 14, 2014 

Page 11 

Accordingly, Petitioner requests that the requirements for Section 91.7 be treated in accordance 

with Section V(A), supra. 

F. 14 C.F.R. § 91.103: Preflight Action 

Erie Insurance seeks an exemption from 14 C.P.R.§ 91.103, which requires a PIC to 

become familiar with specific information before each flight, including information contained in 

the FAA-approved 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. 

Equivalent Level of Safety 

An equivalent level of safety will be provided by following the Aircraft Operations 

Manual and flight manual provided by the manufacturer. The PIC will take all required preflight 

actions- including performing all required checklists and reviewing weather, flight requirements, 

battery charge, landing and takeoff distance, aircraft performance data, and contingency landing 

areas- before initiation of flight. The Operations Manual and manufacturer's flight manual will 

be kept at the ground station with the operator at all times. 

G. 14 C.F.R. § 91.109(a): Flight Instruction 

Erie Insurance seeks an exemption from 14 C.F.R. § 91.109(a), which provides 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." UASs 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. 

Equivalent Level of Safety 

Given the size and speed of the UAS employed by Erie Insurance, an equivalent level of 

safe training can still be performed without dual controls because no pilot or passengers are 

aboard the UAS, and all persons will be a safe distance away in the event that the UAS 

experiences any difficulties during flight instruction. In addition, Petitioner will conduct flight 

training at its Research and Development test sites, which are located on its own property. These 

training flights will be conducted in a sterile area and will otherwise comply with the provisions 

in the Operations Manual for flights at the R&D facility. Accordingly, Erie Insurance's proposed 

method of operation provides superior levels of safety. 
U.S. Department of Transportation 

November 14, 2014 

Page 12 

H. 14 C.F.R. § 91.119: Minimum Safe Altitudes 

Erie Insurance requests an exemption from the minimum safe altitude requirements of 14 

C.F .R. § 91.119. 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). Section 91.119(d) allows for a 

helicopter to operate at less than those minimum altitudes when it can be operated "without 

hazard to persons or property on the surface," provided that "each person operating the helicopter 

complies with any routes or altitudes specifically prescribed for helicopters by the FAA." 

Equivalent Level of Safety 

Compared to flight operations with rotorcraft weighing far more than the maximum 

weights proposed herein, and given the lack of flammable fuel, 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 ofthe UAS, as well as the 

location where it is operated. In order to avoid any risk to aircraft, flight operations will be 

restricted to 400' AGL or below. As set forth in the Manuals, the UASs will be operated in a 

restricted area, away from persons or structures not involved in the operation. 

I. 14 C.F.R. § 91.121: Altimeter Settings 

This petition seeks 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. An exemption is required 

to the extent that the UASs do not have a barometric altimeter, but rather a GPS altitude read 

out. 

Equivalent Level of Safety 

The FAA has stated that an equivalent level of safety can be achieved ifthe UASs will be 

operated at 400' AGL or below and within visual line-of-sight in addition to GPS based altitude 

information relayed in real time to the operator. See Grant of Exemption to Astraeus Aerial, 

Docket No. F AA-2014-0352. As the attached Operations Manual indicates, the chosen UASs 

meets these requirements, and a zero altitude initiation point will be obtained prior to flight. 

J. 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR 

Conditions 

Erie Insurance requests an exemption from 14 C.F.R. § 91.15l(a)'s fuel requirements for 

flight in VFR conditions. Section 91.151 states: 
U.S. Department of Transportation 

November 14, 2014 

Page 13 

(a) No person may begin a flight in an airplane under VPR 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 reserve. Erie Insurance 

proposes that all flights comply with this requirement by mandating that the aircraft be safely 

landed with no less than 25% of battery life remaining. 

Equivalent Level of Safety 

The P AA has stated that an equivalent level of safety is provided if the UAS flight is 

terminated with at least 25% reserve battery power still available. See Grant of Exemption to 

Astraeus Aerial, Docket No. PAA-2014-0352. The Operations Manual conforms to this limit, 

providing an equivalent level of safety. 

K. 14 C.F.R. § 91.405(a), 91.407(a)(l), 91.409(a)(2); 91.417(a) and (b): 

Maintenance Inspections 

Erie Insurance seeks an exemption from the maintenance inspection requirements 

contained in 14 C.P.R.§ 91.405(a), 91.407(a)(1), 91.409(a)(2); 91.417(a) and (b). These 

regulations specify maintenance and inspection standards in reference to 14 C.P.R. Part 43. See, 

e.g., 14 C.P.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"). An exemption from 

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

airworthiness certificate, which the UAS will not have. 

Equivalent Level of Safety 

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

be performed in accordance with the UAS Manufacturer's Manual, as referenced in the 

Operations Manual. As provided in the Operations Manual, flights will not be conducted unless 

a flight operations checklist is performed that includes all ofthe aircraft's components. The 

Operations Manual also sets requirements for maintenance log books and record keeping as well 

as routine and post-flight maintenance. The Manual sets requirements for appropriate 

maintenance intervals. 
U.S. Department of Transportation 

November 14, 2014 

Page 14 

L. 14 CFR Part 61, 14 CFR 61.3, 14 CFR § 61.113: Private Pilot Privileges And 

Limitations 

Petitioner seeks exemption from 14 CFR Part 61, including 14 CFR § 61.3 to the extent 

that these regulations require a UAS operator to have a private pilot's certificate. The purpose of 

Part 61 is to ensure the skill and competency of any PIC matches the airspace in which the PIC 

will be operating. Petitioner has concerns that the training and education of persons obtaining a 

private or commercial pilots license is not an adequate match for UAS operation in low altitude 

environments, particularly given the vast differences in the control and flight profiles between 

conventional aircraft and UAS. Accordingly, Petitioner believes that a requirement for a private 

pilot's license is unnecessary. 

In addition, Erie Insurance seeks exemption from 14 C.F .R § 61.113, which restricts 

private pilot certificate holders from flying aircraft for compensation or hire, and which would 

also require a second class medical certificate. The purpose of this section is to ensure the skill 

and competency of any PIC where the aircraft 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 in FAA Docket No. FAA-2014-0352, the FAA 

determined that the unique characteristics ofUAS operation outside of controlled airspace did 

not warrant the additional cost and restrictions attendant with requiring a the PIC to have a 

commercial pilot certificate and class II medical certificate. 

Equivalent Level of Safety 

Petitioner seeks to ensure safe operation by ensuring that any PIC is thoroughly versed in 

airspace and communication issues pertaining to all aircraft operators but also in the unique 

aspects ofUAS flight. Accordingly, as set forth in the Operations Manual, Erie Insurance will 

require all PIC to have completed FAA authorized ground school instruction and also to have 

250 hours oflogged flight time in a UAS of the same class as will be used for Flight Operations 

(i.e. quadcopter, fixed wing, etc.). In addition, Erie Insurance will require all PIC to have logged 

at least 50 hours of flight time in the specific UAS used for the Flight Operation. Finally, Erie 

Insurance will require that all PIC remain current, and have logged no less than 3 flight cycles 

and five hours flight time within the last 90 days prior to any Flight Operation. Finally, in order 

to meet the stated national security goal outlined by Congress in the 2012 FAA Reform Act, Erie 

Insurance will require all PIC to pass a criminal background check at the time of hiring. 

In addition to the training and experience requirements, Erie Insurance has placed 

restrictions on its Flight Operations to ensure an extra margin of safety. The UAS will operate in 

a sterile area away from persons and property not involved in the operation. It will be flown 

based on VLOS at 400' AGL or below. A NOT AM will be issued between 48 and 72 hours 

before the flight is to occur, and the flight will be coordinated with the applicable FSDO. 
U.S. Department of Transportation 

November 14, 2014 

Page 15 

In the event that the FAA determines that a waiver of 14 CFR § 61.3 is inappropriate, 

Erie Insurance requests that the Exception from 14 CFR § 61.113 still be granted. The training 

and currency standards set forth by Erie Insurance in the attached Operations Manual are more 

than adequate to provide the extra margin of safety to allow a private pilot to act as a pilot for 

compensation or hire 

VI. Drug and Alcohol Program 

Erie Insurance has policies in place to ensure that no person may act as a PIC, observer, 

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

VII. Public Interest 

The public interest will be served by granting Erie Insurance's Petition for Exemption. 

Congress has established a national policy that favors early integration ofUAS into the NAS in 

controlled, safe working environments such as those proposed in this Petition. In addition, the 

public also has an interest in reducing the hazards associated with alternate methods of 

conducting similar inspection operations. Currently inspections are conducted using inspection 

teams physically climbing onto structures using ladders. By using a UAS, an inspector will be 

able to reduce his or her exposure to physical hazards by conducting the inspection while 

remaining safely on the ground. 

Additionally, Erie Insurance's intended uses for the UAS have identifiable benefits for its 

policyholders and the communities it serves. Erie Insurance will be able to inspect, survey, and 

document the condition of its policyholders' property after a casualty event safely, thoroughly, 

and efficiently. This will allow Erie Insurance to evaluate and process claims more efficiently 

after an event and ensure that its policyholders can receive the money necessary to recover and 

rebuild. The UAS work will also aid in Erie Insurance's risk assessment, risk management, loss 

prevention and underwriting programs. These programs prevent accidents and injuries, and there 

is a strong public interest in making these programs more effective through the use ofUASs. 

VIII. Privacy 

All flights will be conducted in accordance with any federal, state or local laws regarding 

privacy. In addition, Erie will adopt a series of standards to protect the privacy rights of persons 

impacted by the UAS operations. 

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: 

Erie Insurance Group seeks an exemption from the following rules: 
U.S. Department of Transportation 

November 14, 2014 

Page 16 

14 CFR Part 21, Subpart H; 14 CFR Part 27; 14 CFR 45.23(b); 14 CFR Part 61, 14 CFR 

61.3, 14 CFR § 113; 14 CFR 91.7(a); 14 CFR 91.9(b)(2); 14 CFR 91.103; 14 CFR 91.109(a); 14 

CFR 91.119; 14 CFR 91.121; 14 CFR 91.151(a); 14 CFR 91.203 (a) & (b); 14 CFR 91.405(a); 

14 CFR 91.407(a)(l); 14 CFR 91.409(a)(2); 14 CFR 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 performing equivalent work with 

conventional aircraft, rotorcraft, or other methods. 

X. CONCLUSION 

Erie Insurance Group's Petition for Exemption satisfies the criteria articulated in Section 

333 of the Reform Act of2012 including weight, speed, operating capabilities, proximity to 

airports and populated areas, operation within visual line of sight and national security. 

Additionally, the Petition provides more than adequate justification for the grant of the requested 

exemptions to permit Erie Insurance to operate the selected UAS for the operations specified 

herein. 

Granting the exemption will benefit the public interest as a whole in several ways, 

including (1) significantly improving safety and reducing risk by alleviating human exposure to 

danger, and (2) improving the quality of services and decreasing operating costs compared with 

conventional flight operations. 

Attachments: Erie Insurance Group UAS Operations Manual; UAS Maintenance and Flight 

Manuals (submitted as a Confidential Document under 14 C.F.R. § 11.35(b) and exempt from 

disclosure under the Freedom oflnformation Act, 5 U.S.C. § 552 et seq., and any other 

requirements established by the FAA pursuant to Section 333 of the Reform Act).