7925 Jones Branch Drive, Suite 6200 9800 Fredericksburg Road

McLean, Virginia 22102 San Antonio, Texas 78288 

Docket Operations, M-30 

U.S. Department of Transportation (DOT) 

1200 New Jersey Avenue, SE 

Room W12-140 

West Building Ground Floor November 14, 2014 

Washington, D.C. 20590-0001 

Reference: USAA Petition for Section 333 Exemption: Re: Small Unmanned Aircraft 

Systems in Property and Casualty Insurance in Catastrophe Operations 

Dear Sir or Madam, 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA), United 

Services Automobile Association (USAA) is petitioning for an exemption from the Federal 

Aviation Regulations and other rules/statutes pertaining to unmanned aircraft systems. Section 

333 of the FMRA addresses special rules for certain unmanned aircraft systems and grants the 

FAA authority to allow for the safe operation of certain unmanned aircraft systems (UAS) within 

the national airspace. Property and casualty insurers play a major role in funding the restoration 

of businesses and communities after catastrophic incidents such as wildfire, hail and wind 

storms, hurricanes and mudslides. The integration of unmanned aircraft into USAA’s 

catastrophe response operations will have immediate, positive effects on the lives of its 

members and the communities in which they work and reside. 

Since 1922, USAA has served the military community and their families providing a full range of 

highly competitive financial products and services to our membership. We have world class 

employees that are personally committed to delivering excellent service and guidance regarding 

insurance, banking and investments. USAA focuses its innovation on developing products and 

new technology to assist its membership from policy inception to fulfilling our service 

commitment during a claims event. USAA has over ten million members that look to USAA to 

help them restore and rebuild after a wide range of natural and other disasters, and USAA is 

always seeking ways to improve the timing and quality of its responses to members’ needs. 

We have identified unmanned aircraft systems as a technology which can alleviate safety 

concerns associated with manned inspections both in the air and on the ground, and provide 

enhanced service and experience to our membership in a safe and efficient environment. USAA 

has one of the most respected and experienced catastrophe response teams in the United 

States. Our response teams are trained in catastrophe operations and are ready to deploy to 

assist our membership and their communities at a moment’s notice. 

USAA has developed the operational maturity needed to deploy safely and provide the benefits 

of the UAS technology to needed communities through our partnerships with public entities such 

as FAA UAS Test Sites, selected universities, and UAS studies in disaster events. Through an 
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approved FAA COA, USAA, in partnership with Roboticists Without Borders, has been able to 

develop a UAS program and gain safe UAS operational experience at a catastrophe site. This 

year, USAA and Roboticists Without Borders traveled to Oso, WA to assist the area by 

providing aerial imagery and mapping of the mudslide area so the community could rebuild 

roads, route rivers and assist this area that was devastated by a massive catastrophe in March 

2014. Currently, USAA along with other industry partners is researching a UAS study for public 

safety and emergency response operations in collaboration with the American Red Cross and 

the Federal Emergency Management Agency (FEMA). The study will demonstrate the ways 

UAS can be utilized to respond to emergencies, save lives and help communities recover. 

Obtaining an exemption would give USAA the authority to request UAS catastrophe operations 

directly from the FAA for the direct benefit of its membership. Currently, the FAA does not allow 

civil UAS operations (meaning operations other than public aircraft operations or model aircraft / 

“hobbyist” activities which include research and development); therefore USAA has not been 

able to operationalize and deploy its UAS for the benefit of its membership and the communities 

in which they reside. 

14 CFR 11.81 (a) – Name and address of the Petitioner:

United Services Automobile Association 

9800 Fredericksburg Road 

San Antonio, Texas 78288 

Phone: 703-905-2808 

E-mail: gcirillo@wileyrein.com 

14 CFR 11.81 (b) – Exemptions Requested: 

The FAA considers unmanned aircraft as “aircraft” flown by a “pilot” regardless of the location of 

the pilot. All aircraft and pilots must comply with applicable sections of Title 14 of the Code of 

Federal Regulations (14 CFR) and other rules/regulations to operate within the National 

Airspace. Unmanned aircraft are unable to comply with certain sections of 14 CFR as the 

regulations were written prior to the consideration of small UAS integration within the national 

airspace. Therefore USAA is requesting an exemption from certain parts of 14 CFR cited below, 

in addition to such further exemptions and relief as the FAA may determine is necessary to 

permit the operations described herein. 

14 CFR Part 21 Subpart H – Airworthiness certification 

14 CFR Part 45.23 (b) – Display of marks; general 

14 CFR Part 61.113 (a) and (b) – Private pilot privileges and limitations: Pilot in command 

14 CFR Part 91.7 – Civil Aircraft Airworthiness 

14 CFR Part 91.9 (b) – Civil aircraft flight manual, marking and placard requirements 

14 CFR Part 91.109 – Flight Instruction 

14 CFR Part 91.119 – Minimum safe altitudes 

14 CFR Part 91.121 – Altimeter settings 
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14 CFR Part 91.151 – Fuel requirements for flight in VFR conditions 

14 CFR Part 91.203 (a) and (b) – Civil Aircraft; Certifications Required 

14 CFR Part 91.405 – Maintenance required 

14 CFR Part 91.407 – Operation after maintenance, preventive maintenance, rebuilding or 

alteration 

14 CFR Part 91.409 – Inspections 

14 CFR Part 91.417 – Maintenance Records 

U.S. DOT-FAA-Air Traffic Organization Policy Notice N JO 7210.873 (6.d) 

14 CFR Part 11.81 (c) – The extent of relief USAA seeks, and the reason USAA seeks the 

relief: 

USAA seeks relief pursuant to this exemption from applicable parts of the Federal Aviation 

Regulations and other rules/regulations to the extent necessary to permit civil flight operations 

within the national airspace. USAA seeks authorization to conduct small UAS flight operations 

within the perimeters of this exemption request. 

14 CFR Part 21 Subpart H (Airworthiness Certificates) 

USAA seeks to utilize the PrecisionHawk Lancaster UAS platform under this exemption request. 

This UAS platform has gained substantial operational maturity via several FAA approved 

Certificates of Authorization. It has a proven safety record and has demonstrated that its 

operations would not adversely affect safety compared to similar aircraft that have been issued 

an airworthiness certificated under 14 CFR Part 21, Subpart H. Should the FAA approve this 

exemption request and determine that an airworthiness certificate is not required, noise 

certification and testing under 14 CFR Part 36 will also not be required for the UAS for the term 

of the exemption. 

14 CFR Part 45.23 (b) (Display of Marks: General) 

USAA, as the petitioner seeks relief from Part 45.23 (b) requiring markings on certain sections 

of the aircraft and markings of a certain size. USAA will register their UAS in compliance with 14 

CFR Part 47 and obtain N# registrations and will place that N# registration on the UAS as large 

as practicable due to the UAS small size. 

14 CFR Part 61.113 (a) and (b) (Private Pilot Privileges and Limitations: Pilot in Command) 

Part 61.113 (a) states that no person who holds a private pilot certificate may act as pilot in 

command of an aircraft that is carrying passengers or property for compensation or hire; nor 

may that person, for compensation or hire, act as pilot in command or an aircraft. Part 61.113 

(b) states that a private pilot may, for compensation or hire, act as pilot in command of an 

aircraft in connection with any business or employment if: (1) The flight is only incidental to that 

business or employment; and (2) The aircraft does not carry passengers or property for 

compensation or hire. Within the Grant of Exemption Regulatory Docket No. FAA-2014-0352, 

the FAA stated that it had to determine the level of pilot certificate appropriate for that proposed 

operation. The FAA said within the Grant that it considers the overriding safety factor to be the 

airmanship skills acquired through UAS-specific flight cycles, flight time, and specific make and 

model experience and UAS testing. USAA agrees with this determination; however we do not 
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feel that that it is necessary for our exemption request that the PIC possess a FAA Private Pilot 

Certificate. USAA contends that in determining the appropriate level for pilot certification, that 

consideration should be given for airspace operations (separation from manned aircraft), 

aeronautical knowledge requirements, and UAS airmanship skills. USAA finds that the 

appropriate level of training and certification to support safe UAS operations within the 

parameters proposed by this petition is to require that the PIC and VO have taken and passed 

FAA Private Pilot Ground School and passed that FAA written knowledge exam. This provides 

the knowledge base for airspace operations and aeronautical knowledge. USAA also agrees 

with the FAA’s determination of UAS airmanship skills and requirements for the PIC as stated in 

the Grant. USAA has also secured a FAA Commercial Pilot/FAA Certified Flight Instructor with 

UAS experience as its Safety Officer and that person will maintain oversight of the training and 

flight operations and have the final authority and responsibility for the operation and safety of all 

UAS flights. 

 14 CFR Part 91.7 (Civil Aircraft Airworthiness) 

This regulation states that (a) No person may operate a civil aircraft unless it is in airworthy 

condition and (b) The pilot in command of a civil aircraft is responsible for determining whether 

that aircraft is in condition for safe flight. The pilot in command shall discontinue the flight when 

unairworthy mechanical, electrical, or structural conditions occur. This exemption would not be 

necessary should the FAA approve the exemption for 14 CFR Part 21 Subpart H. If USAA’s 

UAS is not required to obtain an airworthiness certificate, then this would not apply; however 

USAA would maintain the UAS and the PIC would deem the UAS safe for flight operations and 

discontinue any flight if any mechanical, electrical, or structural problem arose. 

14 CFR Part 91.9 (b) (Civil Aircraft Flight Manual, marking and placard requirements) and 14 

CFR Part 91.203 (a) and (b) (Civil Aircraft; Certifications Required) 

This regulation states that no person may operate a U.S. registered civil aircraft-(1) For which 

an Airplane or Rotorcraft Flight Manual is required by Part 21.5 of 14 CFR unless there is 

available in the aircraft a current, approved Airplane or Rotorcraft Flight Manual or the manual 

provided for in 14 CFR Part 121.141 (b); and (2) For which an Airplane or Rotorcraft Flight 

Manual is not required by 14 CFR Part 21.5, 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. Based on the FAA’s Memorandum titled, “Interpretation 

regarding whether certain required documents may be kept at an unmanned aircraft’s control 

station”, dated August 8. 2014, USAA feels that requesting relief from these regulations may not 

be necessary. USAA will have in its possession, on site, the UAS manufacturer’s 

flight/operations manual and registration paperwork. 

14 CFR Part 91.109 (Flight Instruction) 

This regulation relates to civil aircraft with dual controls or throw over controls for flight training. 

USAA seeks relief from this regulation in that our UAS does not have dual or throw over controls 

for flight instruction. USAA has provided all training and operational documents for our UAS 

platform, the PrecisionHawk Lancaster. USAA evaluates the qualification of our pilots based on 

their experience with the UAS to be operated and verifies this through manufacturer and USAAsupplemented training (from USAA’s own FAA Certified Flight Instructor and UAS pilot). 
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14 CFR Part 91.119 (b) and (c) (Minimum Safe Altitudes: General) 

Per the regulation, except when necessary for takeoff or landing, no person may operate an 

aircraft below the following altitudes: (a) Anywhere. An altitude allowing, if a power unit fails, an 

emergency landing without undue hazard to persons or property on the surface. (b) Over 

congested areas. Over any congested area of a city, town, or settlement, or over any open air 

assembly of persons, an altitude of 1,000 feet above the highest obstacle within a horizontal 

radius of 2,000 feet of the aircraft. (c) Over other than congested areas. An altitude of 500 feet 

above the surface, except over open water or sparsely populated areas. In those areas, the 

aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or structure. 

USAA does not request relief from (a) as we feel that our UAS can make an emergency landing 

without undue hazard to persons or property on the ground if its power unit fails due to its size 

and operating parameters. USAA is seeking relief from (b) and (c) because in catastrophe 

events/locations, we would need to operate at a lower altitude (no less than 200 feet) to obtain 

the most optimal flight conditions, but we would not operate at an altitude that would create any 

undue hazard to persons or property on the surface.

14 CFR Part 91.121 (Altimeter Settings) 

This regulation states that:(a) Each person operating an aircraft shall maintain the cruising 

altitude or flight level of that aircraft, as the case may be, by reference to an altimeter that is set, 

when operating—(1) Below 18,000 feet MSL, to—(i) The current reported altimeter setting of a 

station along the route and within 100 nautical miles of the aircraft; (ii) If there is no station 

within the area prescribed in paragraph (a)(1)(i) of this section, the current reported altimeter 

setting of an appropriate available station; or (iii) In the case of an aircraft not equipped with a 

radio, the elevation of the departure airport or an appropriate altimeter setting available before 

departure; or (2) At or above 18,000 feet MSL, to 29.92′′ Hg.(b) The lowest usable flight level is 

determined by the atmospheric pressure in the area of operation as shown in the following 

table: 

Current altimeter setting Lowest usable flight level 

29.92 (or higher) 180 

29.91 through 29.42 185 

29.41 through 28.92 190 

28.91 through 28.42 195 

28.41 through 27.92 200 

27.91 through 27.42 205 

27.41 through 26.92 210
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(c) To convert minimum altitude prescribed under §§91.119 and 91.177 to the minimum flight 

level, the pilot shall take the flight level equivalent of the minimum altitude in feet and add the 

appropriate number of feet specified below, according to the current reported altimeter setting: 

Current altimeter setting Adjustment factor 

29.92 (or higher) None 

29.91 through 29.42 500 

29.41 through 28.92 1,000 

28.91 through 28.42 1,500 

28.41 through 27.92 2,000 

27.91 through 27.42 2,500 

27.41 through 26.92 3,000

Although USAA will not have a typical aircraft barometric altimeter onboard the UAS, our 

intention is to operate within VLOS and at or below 400 feet AGL. This, in combination with our 

UAS’s capacity will provide altitude information to both the PIC and mission specialist/planner 

via a telemetric data feed which downlinks from the UAS to a ground based display. Prior to 

each flight the UAS PIC and mission specialist/planner will confirm altitude accuracy prior to 

launch. 

14 CFR Part 91.151 – Fuel Requirements for Flight in VFR Conditions 

According to this regulation, (a) No person may begin a flight in an airplane under VFR 

conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly 

to the first point of intended landing and, assuming normal cruising speed— (1) During the day, 

to fly after that for at least 30 minutes; or (2) At night, to fly after that for at least 45 minutes. (b) 

No person may begin a flight in a rotorcraft 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, to fly after that for at least 20 minutes. 

USAA seeks relief from Part 91.151 (a.1) and (b), as its UAS does not carry fuel onboard and is 

powered via battery. USAA’s UAS is 5.5 lbs, operates at slow speeds and within VLOS in VMC 

conditions. USAA intends to terminate flights after 90 minutes or with 20% remaining battery 

power (whichever occurs first). USAA does not seek an exemption from Part 91.151 (a)(2) as 

UAS operations will be conducted during the daytime VMC (visual meteorological conditions). 

14 CFR Part 91.203 (a) and (b) – Civil Aircraft; Certifications Required 

This regulations states that (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. Each U.S. airworthiness certificate used to comply with this subparagraph (except a 

special flight permit, a copy of the applicable operations specifications issued under §21.197(c) 

of this chapter, appropriate sections of the air carrier manual required by parts 121 and 135 of 
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this chapter containing that portion of the operations specifications issued under §21.197(c), or 

an authorization under §91.611) must have on it the registration number assigned to the aircraft 

under part 47 of this chapter. However, the airworthiness certificate need not have on it an 

assigned special identification number before 10 days after that number is first affixed to the 

aircraft. A revised airworthiness certificate having on it an assigned special identification 

number, that has been affixed to an aircraft, may only be obtained upon application to an FAA 

Flight Standards district office. (2) An effective U.S. registration certificate issued to its owner or, 

for operation within the United States, the second copy of the Aircraft registration Application as 

provided for in §47.31(c), or a registration certification issued under the laws of a foreign 

country. (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. 

Should the FAA allow for the exemption of 14 CFR Part 21, USAA would not need an exemption 

from this regulation, as an airworthiness certificate would not be required; however since that 

exemption has not been received to date, USAA seeks relief from this regulation. USAA’s UAS 

will be registered with the FAA and will have the appropriate documentation available upon 

request. 

14 CFR Part 91.405 – Maintenance required 

According to this regulation, each owner or operator of an aircraft—(a) Shall have that aircraft 

inspected as prescribed in subpart E of this part and shall between required inspections, except 

as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 

43 of this chapter; (b) Shall ensure that maintenance personnel make appropriate entries in the 

aircraft maintenance records indicating the aircraft has been approved for return to service; (c) 

Shall have any inoperative instrument or item of equipment, permitted to be inoperative by 

§91.213(d)(2) of this part, repaired, replaced, removed, or inspected at the next required 

inspection; and (d) When listed discrepancies include inoperative instruments or equipment, 

shall ensure that a placard has been installed as required by §43.11 of this chapter. USAA 

seeks relief from this regulation because alternate UAS inspection requirements are needed. 

USAA will follow UAS manufacturer requirements regarding maintenance via the attached 

manufacturer maintenance schedule. USAA will document all maintenance, overhaul, 

replacement, and inspection requirements, as well as any preflight inspection procedures that 

account for discrepancies not already covered in the manufacturer’s manual; documentation of 

maintenance records and will partner with the UAS manufacturer to develop UAS technician 

qualification criteria. 

14 CFR Part 91.407 – Operation after maintenance, preventive maintenance, rebuilding or 

alteration 

Per this regulation, (a) No person may operate any aircraft that has undergone maintenance, 

preventive maintenance, rebuilding, or alteration unless— (1) It has been approved for return to 

service by a person authorized under §43.7 of this chapter; and (2) The maintenance record 

entry required by §43.9 or §43.11, as applicable, of this chapter has been made. (b) No person 

may carry any person (other than crewmembers) in an aircraft that has been maintained, rebuilt, 

or altered in a manner that may have appreciably changed its flight characteristics or 
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13801002.4 

substantially affected its operation in flight until an appropriately rated pilot with at least a private 

pilot certificate flies the aircraft, makes an operational check of the maintenance performed or 

alteration made, and logs the flight in the aircraft records. (c) The aircraft does not have to be 

flown as required by paragraph (b) of this section if, prior to flight, ground tests, inspection, or 

both show conclusively that the maintenance, preventive maintenance, rebuilding, or alteration 

has not appreciably changed the flight characteristics or substantially affected the flight 

operation of the aircraft. 

USAA seeks relief from this regulation, and requests that the FAA adopt an alternative version 

that is applicable to UAS operations. A USAA-approved UAS technician or the UAS 

manufacturer will approve the UAS to return to service/operation after it has undergone 

maintenance, rebuilding or alteration. The UAS PIC may approve the UAS for return to service 

after performing any preventive maintenance. USAA will keep UAS maintenance records that 

contain the following information: name of the person performing the maintenance, description 

of work performed, and date of work completion/returned to service. 

14 CFR Part 91.409 – Inspections 

According to this regulation, (a) Except as provided in paragraph (c) of this section, no person 

may operate an aircraft unless, within the preceding 12 calendar months, it has had—(1) An 

annual inspection in accordance with part 43 of this chapter and has been approved for return to 

service by a person authorized by §43.7 of this chapter; or 2) An inspection for the issuance of 

an airworthiness certificate in accordance with part 21 of this chapter. No inspection performed 

under paragraph (b) of this section may be substituted for any inspection required by this 

paragraph unless it is performed by a person authorized to perform annual inspections and is 

entered as an “annual” inspection in the required maintenance records. (b) Except as provided 

in paragraph (c) of this section, no person may operate an aircraft carrying any person (other 

than a crewmember) for hire, and no person may give flight instruction for hire in an aircraft 

which that person provides, unless within the preceding 100 hours of time in service the aircraft 

has received an annual or 100-hour inspection and been approved for return to service in 

accordance with part 43 of this chapter or has received an inspection for the issuance of an 

airworthiness certificate in accordance with part 21 of this chapter. The 100-hour limitation may 

be exceeded by not more than 10 hours while en route to reach a place where the inspection 

can be done. The excess time used to reach a place where the inspection can be done must be 

included in computing the next 100 hours of time in service. (c) Paragraphs (a) and (b) of this 

section do not apply to— (1) An aircraft that carries a special flight permit, a current 

experimental certificate, or a light-sport or provisional airworthiness certificate; (2) An aircraft 

inspected in accordance with an approved aircraft inspection program under part 125 or 135 of 

this chapter and so identified by the registration number in the operations specifications of the 

certificate holder having the approved inspection program; (3) An aircraft subject to the 

requirements of paragraph (d) or (e) of this section; or (4) Turbine-powered rotorcraft when the 

operator elects to inspect that rotorcraft in accordance with paragraph (e) of this section. 

USAA seeks relief from this regulation, in that USAA will follow the guidance included in the 

UAS manufacturer’s maintenance schedule as attached. 

 
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14 CFR Part 91.417 – Maintenance Records 

According to this regulation, (a) Except for work performed in accordance with §§91.411 and 

91.413, each registered owner or operator shall keep the following records for the periods 

specified in paragraph (b) of this section: (1) Records of the maintenance, preventive 

maintenance, and alteration and records of the 100-hour, annual, progressive, and other 

required or approved inspections, as appropriate, for each aircraft (including the airframe) and 

each engine, propeller, rotor, and appliance of an aircraft. The records must include— (i) A 

description (or reference to data acceptable to the Administrator) of the work performed; and (ii) 

The date of completion of the work performed; and (iii) The signature, and certificate number of 

the person approving the aircraft for return to service. (2) Records containing the following 

information: i) The total time in service of the airframe, each engine, each propeller, and each 

rotor. (ii) The current status of life-limited parts of each airframe, engine, propeller, rotor, and 

appliance.(iii) The time since last overhaul of all items installed on the aircraft which are required

to be overhauled on a specified time basis. (iv) The current inspection status of the aircraft, 

including the time since the last inspection required by the inspection program under which the 

aircraft and its appliances are maintained. (v) The current status of applicable airworthiness 

directives (AD) and safety directives including, for each, the method of compliance, the AD or 

safety directive number and revision date. If the AD or safety directive involves recurring action, 

the time and date when the next action is required. (vi) Copies of the forms prescribed by 

§43.9(d) of this chapter for each major alteration to the airframe and currently installed engines, 

rotors, propellers, and appliances. (b) The owner or operator shall retain the following records 

for the periods prescribed: (1) The records specified in paragraph (a)(1) of this section shall be 

retained until the work is repeated or superseded by other work or for 1 year after the work is 

performed. (2) The records specified in paragraph (a)(2) of this section shall be retained and 

transferred with the aircraft at the time the aircraft is sold. (3) A list of defects furnished to a 

registered owner or operator under §43.11 of this chapter shall be retained until the defects are 

repaired and the aircraft is approved for return to service. (c) The owner or operator shall make 

all maintenance records required to be kept by this section available for inspection by the 

Administrator or any authorized representative of the National Transportation Safety Board 

(NTSB). In addition, the owner or operator shall present Form 337 described in paragraph (d) of 

this section for inspection upon request of any law enforcement officer. (d) When a fuel tank is 

installed within the passenger compartment or a baggage compartment pursuant to part 43 of 

this chapter, a copy of FAA Form 337 shall be kept on board the modified aircraft by the owner 

or operator. 

USAA seeks relief from this regulation and requests an exemption. All maintenance and 

alterations will be properly documented in the UAS aircraft records. USAA will follow the UAS 

manufacturer’s aircraft/component, maintenance, overhaul, replacement, inspection and life limit 

requirements. All maintenance, preventive maintenance, alterations, status of 

replacement/overhaul component parts, and the total time in service of the UAS will be recorded 

and documented. USAA will comply with all manufacturer safety bulletins. 

U.S. DOT-FAA-Air Traffic Organization Policy Notice N JO 7210.873 (6.d) 
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6(d) Certificates of Waiver or Authorization (COA)-Emergency and Urgent Applications: The 

FAA must ensure procedures are available to accommodate real-time applications that will 

directly support emergency and law enforcement-type operations. UA Operations that reduce 

safety must not be approved in any case. (1) An emergency UAS COA may be considered 

when all of the following conditions apply: (a) There is a situation of such distress or urgency 

that the possibility of loss of life is great. (b) Manned flight is not possible or practicable due to a 

hazard or the operation cannot be conducted safely with manned flight, or manned assets are 

not available. (c) The proposed proponent and UAS are operating under a current approved 

COA. Note- Requests for UAS COAs that fall outside of these perimeters must be processed 

through the normal online COA application process. (2) Emergency UAS COAs will not be 

considered for: (a) Demonstration flights. (b) Flights to test capabilities. (c) Training. (d) Flights

in Class B airspace. (e) Flights over populated areas. 

USAA seeks an exemption from the normal FAA UAS Civil COA Request mandated by a 

Section 333 Exemption filing and the current Emergency COA process. During a catastrophe 

event, the exact timeframe and location is not known ahead of time; therefore, USAA could not 

abide by the current COA process and would need an exemption from the normal COA process 

as well as the current Emergency COA process. USAA would notify the local FSDO of the 

affected area immediately, apply for an amended Emergency COA (as granted by this 

exemption) and would notify any Incident Command or first responders for approval and 

coordination and would not interfere with first responders’ activities. Through this request, USAA 

is seeking relief from U.S. DOT-FAA-Air Traffic Organization Policy Notice N JO 7210.873 (6.d)-

1(a), 1(c), 2(d) with ATO approval, and 2(e) of the COA process stated above. 

 

14 CFR Part 11.81 (d) – The reasons why granting USAA’s request would be in the public 

interest; that is, how it would benefit the public as a whole: 

Granting the exemption for USAA would allow the organization to safely and efficiently conduct 

small UAS flight operations to assist its membership and their communities after catastrophic 

events and will reduce the time it takes communities to rebuild after natural disasters. UAS 

operations will provide more efficient claims service to its membership and could positively 

impact post-disaster recovery and relief operations via shared resources with first responders. 

Without this exemption, USAA would be restricted to ground only operations which would not 

have the benefits of UAS efficiency in terms of both service and safety. Property inspections at 

these areas are difficult and at times dangerous for employees to navigate, especially when 

debris and dwelling integrity is an issue. USAA believes a UAS operation can lead to safer, 

quicker, and more economical and effective claims service for its more than ten million 

members and their communities. 

14 CFR Part 11.81 (e) – 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 USAA seeks the exemption: 
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13801002.4 

USAA requests that the exemption be granted with the following limitations and operational 

conditions. These limitations and conditions will provide an enhanced level of safety and will be 

the guiding principles when USAA is conducting operations under this exemption: 

A. The small unmanned aircraft systems maximum take-off weight will be less than 55 lbs. 

Detailed specifications are included in the attachments. USAA is willing to have its 

authorization restricted below the 55 lb. threshold to the operating weight of the 

unmanned aircraft identified. The fixed winged UAS platform that USAA is seeking to 

utilize through this exemption is currently operating safely within the national airspace 

pursuant to several COAs granted by the FAA to Texas A&M College Station and other 

public entities. One these COAs was for the use of the PrecisionHawk Lancaster 

HawkEye – the type of UAS that USAA seeks to utilize -to provide aerial imagery and 

mapping for authorities at the recent Washington state mudslides in Oso, WA. Other 

COAs have been approved for this particular platform through other public entities, 

which demonstrates the confidence that the FAA has for this manufacturer’s operational 

and safety protocol. USAA has attached the PrecisionHawk Lancaster’s Flight Manual, 

Maintenance Schedule, and training documents for review within this exemption 

application. USAA would operate in accordance with all of these documents. 

B. All pilot in command (PIC) and visual observers (VO) will complete FAA certified private 

pilot ground school and will have taken and passed the FAA Private Pilot Written Exam. 

This ensures that all PIC and VO have the knowledge regarding the Federal Aviation 

Regulations, Airspace, and other pertinent knowledge to conduct safe operations of 

small unmanned aircraft systems. A USAA employee with a FAA commercial pilot 

certificate and flight instructor certificate (USAA Safety Officer) that has been trained on 

UAS operations will oversee all training/operations and ensure all PIC and VO receive 

proper training and abide by all pertinent regulations. This employee/FAA commercial 

pilot will meet all the flight review requirements specified in 14 CFR Part 61.56 in an 

aircraft in which the PIC is rated on her/his flight certificate. All PIC and VO will be 

trained in detail to each of the unmanned aircraft system platform’s operations, systems 

and emergency procedures and passed every level of training on the platform and pass 

the manufacturer’s test administered by the USAA employee/CFI (Trained by the UAS 

manufacturer on the platform). Training records will be kept at USAA for every PIC and 

VO and will be available for review. Every PIC and VO will obtain an FAA Class 3 

medical certificate. Every USAA PIC and VO will receive FEMA training and will fully 

participate with Incident Command and follow their guidance. 

C. Prior to conducting operations in a disaster/catastrophe event, the PIC will have 

accumulated and logged, in a manner consistent with 14 CFR Part 61.51 (b), a minimum 

of 200 flight cycles and 25 hours of total time as a UAS fixed wing pilot and at least 10 

hours logged as a UAS pilot with a similar UAS type. The PIC will have accumulated and 

logged a minimum of 5 hours as a UAS pilot operating the make and model of the UAS 

to be utilized for operations and 3 take off and landings in the preceding 90 days. USAA 

has utilized its partnerships with FAA UAS Test Sites and Roboticists Without Borders to 
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gain this maturity along with other experience building authorized flights. USAA, through 

its first exemption request (Docket FAA-2014-0796-0001), seeks to make this process 

more efficient and streamlined for building UAS experience in the future. 

All flight operations will be coordinated and approved by the FAA in advance of USAA’s 

arrival at the catastrophe site via an amended emergency COA (see emergency COA 

exemption request). USAA would comply with all direction from onsite Incident 

Command and any other public safety or emergency response official. USAA would not 

impede or disrupt any first responder activities and UAS operations would only be 

conducted when it is deemed safe to do so and in coordination with the appropriate 

officials at the location. The UAS will not be operated directly over any person, except 

authorized and consenting personnel at the site or unless the UAS is at sufficient altitude 

not to create a hazard to other people or property on the ground. 

D. All flight operations will be operated at an altitude of no more than 400 ft above the 

ground (AGL) within daylight VFR conditions and within visual line of sight (VLOS). The 

UAS will be operated within VLOS of the PIC at all times. The UAS will remain clear and 

yield the right of way to all other manned operations and activities at all times. All 

operations will utilize at least one visual observer (VO) and the PIC and VO will be able 

to communicate verbally at all times. As it is not possible to determine where or when a 

natural disaster will occur, USAA seeks authorization to conduct UAS operations within 

Class G, E, C, D and B and special use airspaces (TFR), with appropriate written 

authorization from the FAA (via an amended emergency COA), ATO, and any applicable 

incident command. No flight operations will be operated within Class A airspace. The 

UAS will not operate within 5 nm of any airport unless a letter of agreement with that 

airport’s management is obtained and the operation is conducted in accordance with a 

NOTAM, as required by a COA. All flights will be communicated to FAA Flight Service 

with posted NOTAMS prior to the flight(s). 

E. All flight operations will be conducted within line of sight of the pilot in command and 

visual observer(s). Maximum total flight time for each flight will be 90 minutes or less in 

duration. All flight operations will be terminated when the aircraft has less than 20% 

battery life remaining. 

F. Flight operations and safety briefings will be conducted prior to all planned small 

unmanned aircraft system flights and will be mandatory for PIC and VO. Briefings will 

include weather reviews, take off, landing and aircraft performance data for those real 

time conditions, and full pre- and post-flight inspections/checklists and briefings for each 

specific unmanned aircraft system, including the ground control station being operated 

and account for any discrepancies (i.e. inoperable components, items or equipment that 

are not covered in the relevant preflight inspection sections of the operations manual.) 

Before conducting any flight, the radio frequency spectrum used for the operation and 

control of the UAS will comply with the FCC or other appropriate government oversight 

agency requirements. 
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November 14, 2014 

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13801002.4 

G. USAA will obtain an Air Traffic Organization (ATO) issued Emergency COA (amended 

by this exemption) prior to conducting any operations. This Emergency COA will require 

USAA to request a Notice to Airmen (NOTAM) upon immediate approval of the COA. 

Since no one can predict with certainty the location and timing of natural disasters, 

USAA would not be able to give the local FSDO three days notice of planned activities; 

however, upon notice of the event, USAA will submit a written plan to the local FSDO of 

the affected area: 

• Dates and approximate times of flights 

• Name and phone number of the USAA PIC and VO 

• Name and phone number of the person responsible for on-site operation of the 

UAS 

• Make, model, and serial or N-Number of the UAS to be used 

• Name and certificate number of the USAA Safety Officer at the site 

• A statement that USAA has obtained permission from local officials/incident 

command to conduct operations at the site; the list of those who gave the 

permission will be made available to the FAA upon request 

• A description of the flight activity, including maps of any area, city, town, county 

and/or state which flights will be conducted and the altitudes essential to 

accomplish the flights. 

H. Any UAS that has undergone maintenance or alterations that affects the UAS operation 

or flight characteristics must undergo a functional test flight in accordance with the 

manufacturer’s recommendations. The PIC who conducts the test flight will make an 

entry in the UAS aircraft records of the flight. All maintenance and alterations will be 

properly documented in the aircraft records. USAA will follow the UAS manufacturer’s 

aircraft/component, maintenance, overhaul, replacement, inspection and life limit 

requirements. All maintenance, preventive maintenance, alterations, status of 

replacement/overhaul component parts, and the total time in service of the UAS will be 

recorded and documented. USAA will comply with all manufacturer safety bulletins. 

I. In the event of a communication lost link, the UAS will return to a specific predetermined 

location and once the UAS is safely recovered, all flight operations will cease until any 

communication/data link issues are properly resolved. The UAS will abort the flight in the 

event of unpredicted obstacles or emergencies in accordance with the operator’s 

manual. 

J. Regarding privacy concerns, USAA will coordinate all activities with incident command 

and any other public officials. 

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

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

the FAA’s UAS Integration Office (AFS-80) within 24hrs. Accidents will be reported to 

the National Transportation Safety Board (NTSB) per instructions contained on the 

NTSB Web site: www.ntsb.com. USAA will suspend all flight operations until the
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13801002.4 

incident, accident, or transgression is reviewed by AFS-80 and authorization to resume 

operations is provided. 

14 CFR Part 11.81 (f) A summary the FAA can publish in the Federal Register, stating: 

(1) The rule from which you seek the exemption 

Petitioner: United Services Automobile Association 

Sections of 14 CFR and FAA regulations that USAA seeks an exemption: 

14 CFR Part 21 Subpart H 

14 CFR Part 45.23 (b) 

14 CFR Part 61.113 (a) and (b) 

14 CFR Part 91.7 

14 CFR Part 91.9 (b) 

14 CFR Part 91.109 

14 CFR Part 91.119 

14 CFR Part 91.121 

14 CFR Part 91.151 

14 CFR Part 91.203 (a) and (b) 

14 CFR Part 91.405 

14 CFR Part 91.407 

14 CFR Part 91.409 

14 CFR Part 91.417 

U.S. DOT-FAA-Air Traffic Organization Policy Notice N JO 7210.873 (6.d) 

 (2) A brief description of the nature of the exemption you seek: 

USAA seeks relief from the applicable parts of 14 CFR 21, 45, 61, 91 and U.S. DOT-FAA-Air 

Traffic Organization Policy Notice N JO 7210.873 (6.d) as requested within this petition to allow 

USAA to safely and efficiently conduct civil UAS flight operations during disaster and 

catastrophe events to assist its membership and their communities. 

14 CFR Part 11.81 (g) – Any additional information, views or arguments available to 

support USAA’s request: 

This exemption would give USAA the ability to assist its members and their communities with 

UAS development and operations beyond the limits imposed today. Additional development and 

operation would benefit not only USAA and its membership, but would allow USAA to serve as a 

partner with the FAA and others within the UAS community to advance this new and emerging 

technology in a safe and controlled environment. With our partnerships, USAA has 

demonstrated the value of our request to utilize our UAS technology within disaster recovery 
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13801002.4 

areas to help communities rebuild after these events and maintain the safety of our employees, 

business partners and the general public. 

14 CFR Part 11.81 (h) – Request to exercise the privileges of the exemption outside the 

United States, the reason why the petitioner needs to do so: 

USAA does not seek to exercise the privileges of this exemption, should it be granted, outside 

of the United States. Our request is strictly to be granted authority for civil UAS operations at 

locations within the national airspace system. 

Sincerely, 

 

Greg Cirillo 

Wiley Rein LLP 

Counsel for USAA 

Michael Burns 

Michael Burns 

Assistant Vice President 

USAA 

Attachments: PrecisionHawk Flight Manual, Maintenance Schedule and training documents.