TSC)DIRECT 

Tri-State Consumer Insurance Company 

February 19, 2016 

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave. SE 

Washington, DC 20590 

Re: Petition for Section 333 Exemption to the FAA Modernization and Reform Act of 2012 

Ladies and Gentlemen: 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012, Tri-State Consumer 

Insurance (hereinafter ''Tri-State") hereby requests an exemption for authority to operate unmanned 

aircraft in the National Airspace System (NAS) and from the below referenced Federal Aviation 

Regulations. Specifically, Tri-State seeks authority to operate a DJI Phantom 3 UAS to perform aerial 

roof inspections and aerial photography for insurance purposes of properties that have allegedly incurred 

damage and on which an insurance claim has been made. 

The FAA has granted at least one exemption to a company intending to use UAS to perform such 

aerial inspections for, among other things, insurance companies.' Similarly, the FAA has granted 

numerous exemptions to companies intending to use UAS for aerial photography in connection with 

commercial real estate listings? Such operations, involving the operation of small UAS over homes for 

purposes of performing aerial photography (and related inspection and analytics) are indistinguishable 

from Tri-State's intended operations. 

I. Introduction 

The Company was incorporated under the laws of the State of New York on November 30, 

1982. It became licensed on October 28, 1985 and commenced business on March 9, 1986. The 

Company is a wholly owned subsidiary of The Tri-State Consumer, Inc., a New York Corporation. The 

Company's office is located at 100 Jericho Quadrangle, Suite 124, Jericho, NY 11753. The main 

telephone number is (516) 681-9400 and fax number is (516) 390-2671. 

II. Description of the Proposed UAS Operation and Safeguards 

Tri-State intends to employ a DJI Phantom 3 for its UAS operations.3 The DJI Phantom 3 is 

incredibly small, weighing only 1,280 grams (less than three pounds), well below the 55 pound limit set 

forth in the draft rule for small UAS. As such, it presents little threat to the safe and efficient operation of 

aircraft in the NAS. Further, it is a mere 55mm in diagonal size, has a maximum speed of 16 meters per 

second (rnls), a maximum ascent speed of only 5 rn!s, and a maximum decent of 3 rn!s. Flight speed will 

not exceed 31 knots. While the DJI Phantom 3 is capable of operating 6,000 meters (approximately 

19,685 feet) above sea level, Tri-State will not operate the UAS more than 500 feet above ground level. 

All flights will be conducted in Class G airspace during daylight hours. No flights will be conducted 

within five (5) nautical miles of an airport or heliport without a letter of agreement from the airport's or 

heliport's management or unless the operation is otherwise permitted by a properly-issued COA. 

1 See Exemption No. 13126, Regulatory Docket No. FAA-2015-3012. 

2 See e.g., Exemption No. 13105, Regulatory Docket No. FAA-2015-2916 

3 Numerous exemptions have been granted for DJI Phantoms, including Phantom 3s. 

100 Jericho Quadrangle, Suite 124, Jericho, NY 11753-2702 • Phone: (516) 681-9400 • (718) 895-0036 • www.800joinnow.com 

Fax Numbers •Auto • (516) 827-4696 • Home • (516) 802-5859 • Claims • (516) 681-9766 
To further ensure the safety of the UAS operations, Tri-State will perform each flight within the 

visual line of sight of the PIC and visual observer. The PIC and visual observer will be able to 

communicate verbally at all times. The PIC will perform a pre-flight inspection of the UAS in accordance 

with the DJI-provided operation manual. 

Such an operation, conducted by a license PIC with the assistance of a visual observer, is 

significantly safer than a traditional manned aircraft operation. Not only is the aircraft significantly 

smaller than a manned aircraft, it will not carry crew or flammable fuel. 

As per the DJI Phantom 3 user manual, the operating frequency is 2.400 GHz-2.483 GHz and 

the camera sensor is a Sony EXMOR 1/2.3", effective pixels: 12.4 M (total pixels: 12.76 M). The DJI 

Phantom 3 complies with part 15 of the FCC Rules. Operation is subject to the following two conditions: 

1. This device may not cause harmful interference 

2. This device must accept any interference received, including interference that may cause 

undesired operation. 

III. The PIC 

Tri-State intends to employ Bryan M. Vaughan, who holds a Recreational Pilot's License and a 

valid U.S. driver license, to perform the UAS operations. Moreover, Mr. Vaughan received his associate 

degree in applied science, Air Traffic Control, and is well-qualified to understand the importance of 

safely operating UAS in the NAS. However, in the event Mr. Vaughan is not capable or available to 

perform an operation for any reason, Tri-State may employ another duly licensed pilot to act a PIC. 

Before the PIC performs any operation, Tri-State will ensure that s/he has at least five (5) hours 

of flight time on the DJI Phantom 3 in a secure area outside NAS. 

At all times, the PIC will be assisted by a visual observer, who will provide support and 

situational awareness as needed. 

IV. UAS Operations 

Tri-State will use the DJI Phantom 3 to conduct aerial inspections and photography of properties 

that allegedly have been damaged. The purpose will be to ascertain the extent of the damage, if any, and 

to perform related analytics. 

The operations will be restricted to the discrete area above and immediately surrounding the 

owner's property and will only be conducted with the owner's permission. Before any operation is 

conducted, the PIC will inspect the area to ensure that there are no obstructions that could threaten the 

safe operation of the UAS. 

Given the extremely small size of the DJI Phantom 3, the restrictions on the operations of the 

UAS detailed in Section III above, and the limited area in which any given UAS operation will be 

conducted, Tri-State's proposed operations present little, if any, threat to the operation of manned aircraft 

in the NAS. There can be no doubt that the operations are at least as safe, if not substantially safer, than 

the operation of traditional manned aircraft. Further, using UAS to perform the roof inspections ensures 

that an inspector does not have to physically climb onto a roof to survey the extent of any damage, an 

inherently dangerous activity. 
V. Specific Regulations for Which Exemption is Sought 

Tri-State seeks an exemption from each of the following regulations: 

o 14 CFR Part 21, Subpart H (Certification procedures for products and parts, 

Airworthiness Certificates) 

o 14 CFR § 61.3 (Requirement for certificates, ratings and authorizations) 

o 14 CFR § 91.103(b)(2) (Preflight action) 

o 14 CFR § 91.105 (Flight crewmembers at stations) 

o 14 CFR § 91.109 (Flight instruction; simulated instrument flight and certain test flights) 

o 14 CFR § 91.119 (Minimum safe altitudes: General) 

o 14 CFR § 91.121 (Altimeter settings) 

o 14 CFR § 91.151 (Fuel requirements for flight in VFR conditions) 

o 14 CFR § 91.405 (Maintenance required) 

o 14 CFR § 91.407 (Operation after maintenance, preventative maintenance, rebuilding, or 

alteration) 

o 14 CFR § 91.409 (Inspections) 

o 14 CFR § 91.417 (Maintenance records) 

VI. Conclusion 

Penny Fern Hart, President 

Tri-State Insurance