Mark E. McKinnon Mark.McKinnon@dentons.com

D 703.336.8708

Dentons US LLP

1676 Interna tional Drive • Penthouse McLean, VA 22102
United States

T 703.336.8800

F 703.336.8750 Salans FMC SNR Denton
McKenna Long

dentons.com

July 13 , 2015

U.S. Department of Transportation
Docket Management System
1200 New Jersey Ave., SE
Washington DC 20590

Re: Petition of PURE 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, PURE Insurance Company ( PURE ) hereby applies for a Grant of Exemption from the Federal Aviation Regulations (FARs) identi fied 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

, inter alia

, inspections for insurance underwriting and claims adjusting

. In particular

, PURE seeks permission to operate t he DJI Phantom line of

vehicles

. PURE respectfully submits that this Petition for Exemption qualifies for expedited approval, as the Federal Aviation Administration (FAA) has previously issued grants of exemption in cir cumstances similar in all material respects to those presented herein.

In addition to this Petition for Exemption, PURE will also submit the following operating documents under separate cover:

 PURE Insurance Company Operations Manual

PURE submits thi s manual as a confidential document 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

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

For your convenience, this Petition is organized as follows:U.S. Department of Transportation July 13, 2015 Page 2 Salans FMC SNR Denton
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T ABLE OF C ONTENTS

Page

I. B ACKGROUND & D ESCRIPTION OF P ETITIONER

................................ ................................ .... 3

II. D ESCRIPTION OF P ROPOSED O PERATION

................................ ................................ ............... 3

III. R ELEVANT S TATUTORY A UTHORITY

................................ ................................ .................... 4

IV. PURE ' P ROPOSED UAS O PERATIONS M EET THE R EQUIREMENTS OF S ECTION 333

OF THE R EFORM A CT

................................ ................................ ................................ ............ 4

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

................................ ................................ ............................. 5

B. Approval is Warranted Based on t he Operational Restrictions in PURE ' Operating Documents

................................ ................................ .............................. 5

V. R EGULATIONS F ROM W HICH E XEMPTION I S S OUGHT

................................ ........................... 5

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

................................ ................................ ................................ ........... 6

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

................................ ................................ .......................... 7

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

................................ ................................ ................................ ............... 8

D. 91.7(a): Civil Aircraft Airworthiness

................................ ................................ ....... 8

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

................................ ..... 9

F. 91.103: Preflight Action

................................ ................................ ......................... 10

G. 91.109(a): Flight Instruction

................................ ................................ .................. 10

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

.............. 10

I. 91.121: Altimeter Settings

................................ ................................ ..................... 11

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

................................ 12

VI. D RUG AND A LCOHOL P ROGRAM

................................ ................................ ......................... 12

VII

. P UBLIC I NTEREST

................................ ................................ ................................ ................ 12

VIII. P RIVACY

................................ ................................ ................................ ............................. 12

IX. F EDERAL R EGISTER S UMMARY

................................ ................................ ........................... 13

X. C ONCLUSION

................................ ................................ ................................ ....................... 14U.S. Department of Transportation July 13, 2015 Page 3 Salans FMC SNR Denton
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I. B ACKGROUND & D ESCRIPTION OF P ETITIONER

PURE pr ovides property and casualty insurance to successful, high net worth families and is committed to helping our members protect their assets and make their homes safer and more resilient. By exploring the ability to use UAS, PURE has the opportunity to expa nd the services we provide to our membership and ensure that roof related damage is accurately

assessed.

The contact information for Petitioner is as follows:

Timothy Arone

Vice President PURE Insurance Company 44 South Broadway White Plains, NY 1060 1 tarone@pureinsurance.com

914

- 470

- 9949

II. D ESCRIPTION OF P ROPOSED O PERATION

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

Phantom series of UAS for aerial data collection in support of its insurance business. PURE

propo ses to conduct roof inspections under controlled conditions in airspace that is 1) limited, 2) predetermined, and 3) controlled as to access. Operations will be limited to the customer's property and always occur within the line of sight of the UAS operato r. The property owner will be notified in advance of the date and time for inspection if they will not be physically present. The customer's privacy and their neighbors' privacy will be fully protected. PURE's use of UAS for roof inspections does not crea te a hazard to users of the national airspace or the public or pose a threat to national security

.

Grant of this request is warranted as use of UAS will improve safety for PURE’s general adjusters and risk managers. Currently in order to assess roof dam age, general adjusters need to physically climb onto a policyholder's roof using ladders for inspection. As evidenced by the annual industry wide worker’s compensation claims, inspecting roofs is quite dangerous. Each year, claim handlers throughout the in dustry are injured in falls while performing roof inspections. By utilizing UAS, the general adjusters will be able to obtain an accurate assessment of the roof while remaining safely on the ground and limiting their exposure to injury. In addition to impr oving the speed and accuracy of PURE’s handling of roof claims, the use of UAS will assist risk managers in ensuring that roofs are in sound condition to help prevent future

losses.U.S. Department of Transportation July 13, 2015 Page 4 Salans FMC SNR Denton
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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. 11 273 to AIG for insurance underwriting and in spection (Docket No.

FAA

- 201 4

- 0 913 );

Exemption No. 11 293 to Erie Insurance for insurance underwriting and claims
adjustment (Docket No. FAA

- 201 4

- 06 92 );

The low

- risk UAS operations proposed by PURE in this Petition for Exemption fall squarely within the c ategory of aerial data collection that has been subject to previous approval.

III. R ELEVANT S TATUTORY A UTHORITY

This Petition for Exemption is submitted pursuant to Section 333(a) through (c) of the Reform Act. Congress has directed the FAA "to safely accele rate 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

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 A dministrator 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

Administ rator); 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 affec t 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. PURE ' S P ROPOSED UAS O PERATIONS M EET THE R EQUIREMENTS OF S ECTION 333 OF

THE R EFORM A CT

PURE 's proposed operations i n 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 p resented in this Petition for Exemption.U.S. Department of Transportation July 13, 2015 Page 5 Salans FMC SNR Denton
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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 requireme nts 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 3 0 knots, and a maximum rate of climb

of 5 m eters per second. The largest of the vehicles have a span of under .6 meters

.

The vehicl es 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 alread y 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, PURE requests permission to op erate the DJI Phantom II, II Vision+, and III.

B. Approval is Warranted Based on the Operational Restrictions in PURE ' Operating Documents

The operating documents for the selected UAS contain all the procedures and limitations necessary to safely and succes sfully perform the proposed operations. To expedite the FAA's safety

assessment of PURE ' s proposed UAS operations, PURE 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 PURE to comply with the conditions and l imitations in the FAA's Grant of Exemption. Id.

V. R EGULATIONS F ROM W HICH E XEMPTION I S S OUGHT

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

PURE seeks an exemption from several interrelated provisions o f 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

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).U.S. Department of Transportation July 13, 2015 Page 6 Salans FMC SNR Denton
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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

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

91.15 1(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 bet ter 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

PURE 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 c hapter.

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.U.S. Department of Transportation July 13, 2015 Page 7 Salans FMC SNR Denton
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● 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 certifica ted 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 "pr ovisional," 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 exempt ion under Section 333 of the Reform Act, 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." 3 All UAS flown by PURE 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

PURE 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 exemp tion 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 be cause 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 flight

-

3 FAA Docket No. FAA

- 2014

- 0352.

4 See, e.g., FAA Docket No. FAA

- 2014

- 0352, at 1 4.

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

par t 43 of this chapter.").U.S. Department of Transportation July 13, 2015 Page 8 Salans FMC SNR Denton
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critical 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, in spection, 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 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

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

certificate holders from fl ying 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 certif ications 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 Aerial 6 , 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. T he 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 recreationa l 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, PURE 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

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).U.S. Department of Transportation July 13, 2015 Page 9 Salans FMC SNR Denton
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PIC to determine whether the aircraft is in a condition safe for flight, and an exemption from § 91.7(a) is therefore warranted.

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 ma nuals 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 ai rcraft 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 aircr aft 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) an d 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 of safety will be achieved by ensuring that the pilot has access to the documents at the grou nd control station from which he or she is piloting the UAS. 9

8 Memorandum from Mark Bury, FAA Assistant Chief Counsel for International Law, Legislation and Regulat ion, to John Duncan, FAA Flight Standards Service (Aug. 8, 2014); see also Docket No. FAA

- 2014

- 0352 at 16

- 18.

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

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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 co ntained 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.

Adherence t o 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, la nding 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 doc uments 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 pe rson 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 a nd 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 d istance 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.

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

PURE requests an exemption from the minimum safe altitude requirements of 14 C.F.R. § 91.119(c). 10 Section 91.119 prescribes the minimum s afe altitudes under which aircraft may not

{continued from previous page}
The petitioner requested relief from 14 CFR § 91.9(b)(2): Civil aircraft flight m anual, 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

loca tion accessible to the PIC in compliance with the regulations.

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 fail ure. Petitioner's proposed UAS {footnote continued}U.S. Department of Transportation July 13, 2015 Page 11 Salans FMC SNR Denton
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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 operation s 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, th e 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 re sulting 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 v ehicles 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 § 91.1 19(a).

Adherence to these restrictions in PURE ' 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 PURE to con duct 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 a irport 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 bas ed altitude information is relayed in real time to the 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 Petiti oner 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

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

{continued from previous page}
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

- 201 4

- 0534 ).U.S. Department of Transportation July 13, 2015 Page 12 Salans FMC SNR Denton
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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 § 19 1.121 is therefore appropriate. 11

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

PURE 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 tha t 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 f or 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.

VI. D RUG AND A LCOHOL P ROGRAM

PURE 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. P UBLIC I NTEREST
Grant of PURE’s request to use UAS for roof inspections is in the public interest. While PURE takes every precaution to keep its general ad justers safe, roof inspections conducted by

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

13 Docket No. FAA

- 2014

- 0642.

14 Exemption No. 11213 at pg. 12.U.S. Department of Transportation July 13, 2015 Page 13 Salans FMC SNR Denton
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human beings carry inherent risks. Currently, PURE’s general adjusters need to physically climb onto the roof using ladders to conduct inspections. The dangers of inspecting any roof include,

but are not limited to: losing one's footing, having a ladder slip, and being blown off a roof from wind shear. A recent news article noted that fatalities rates among roofers are the highest of the

construction trades. 15 In addition to safety concerns, inspecting a roof by p hysically climbing on it has the potential to damage the roof. Using UAS for roof inspections will minimize these risks. By utilizing UAS, PURE's general adjusters will be able to reduce their exposure to hazards and rapidly obtain accurate assessments of the roof while remaining safely on the ground. Quicker roof damage assessments will result in faster claims payments and repairs for affected members.

In addition, as described in more detail below, operation will not create a hazard to aviation or the p ublic. Flights will be conducted under 200 feet AGL

– avoiding interference

with users of the national airspace system. Operation will not create a hazard to the public as PURE will operate the UAS only over private property and with the owner's consent. I n addition, the UAS will have a geo

- fence around the owner's property line to restrict the flight path of the UAS. Finally, operation will not pose a threat to national security. The UAS poses no credible threat to national security due to its size, limite d capabilities, speed of operation, location of operation, lack of explosive materials or flammable jet fuels, and inability to carry a substantial

external load.

VIII. P RIVACY

The proposed operations will be conducted in accordance with applicable federal, st ate, or local laws regarding privacy. PURE 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. F EDERAL R EGISTER S UMMARY

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

F EDERAL 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 ris k to the general public and property owners from the substantial hazards associated with using conventional fixed

- wing aircraft or,

rotorcraft for aerial data collection.

15 Alexandra Berzon and Kris Hudson, Fight Erupts Over Protecting Rooftop Workers, Wall Street Journal, Sept. 28, 2014 available at h ttp://online.wsj.com/articles/builders

- osha

- square

- off

- on

- rooftop

- safety

- 14 l l 947843.U.S. Department of Transportation July 13, 2015 Page 14 Salans FMC SNR Denton
McKenna Long

dentons.com

X. C ONCLUSION

The proposed operations in this Petition for Exemption satisfy the criter ia articulated in Section 333 of the Reform Act and the FAA has issued grants of exemption in circumstances similar in all respects to those presented by PURE in this Petition for Exemption. In consideration of the foregoing, this Petition for Exemption pr ovides the FAA with all the necessary justification for granting the requested exemptions allowing PURE 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 PURE Insurance Company

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