Liberty Mutual Insurance

Brendan Picha, Special Projects

Personal Insurance

175 Berkeley Street

Boston, MA 02116

(617) 357-9500

September 10, 2015

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

Re: FAA Docket FAA-2015-0513 Amendment to Exemption for Additional Aircraft

Dear Sir or Madam:

Liberty Mutual Insurance Company (henceforth re ferred to as “Liberty Mu tual”) hereby petitions the Secretary of Transportation and Federal Aviation Administrati on ("FAA") to add the following aircraft to the exemption granted to Liberty Mutual (Exemption No. 11857, FAA Docket No. FAA2015-0513) as well as the COA granted to Liberty Mutual (FAA-2015-0513-333E).

Aircraft and Equipment

Liberty Mutual will use the additional unmanned aircraft (UA) for inspection and photography work. The aircraft will be internally designated as “Liberty 5.”

 DJI Phantom 3 – Professional

o The use of this aircraft was previously approved by the FAA in Exemption No. 12378A, Regulatory Docket No. FAA-2015-0344, XO Innovations.

Liberty 5 aircraft operations and maintenan ce will be conducted in accordance with the operations manual published by t he aircraft manufacturer. Liberty Mutual will comply with all previously established 333 exempt ion requirements as outlined in Exemption No. 11857, FAA Docket

No. FAA-2015-0513.

The operations manual is avai lable at the following URL: http://download.djiinnovations.com/downloads/phant om_3/en/Phantom_3_Prof essional_User_Manual_v1.4_en.pdfLiberty Mutual Insurance

Brendan Picha, Special Projects

Personal Insurance

175 Berkeley Street

Boston, MA 02116

(617) 357-9500



### ATTACHMENT 1

Regulations from which t he exemption is requested:

14 C.F.R. 61.23 (a) & (c) 14 C.F.R. 61.101(e) (4) & (5) 14 C.F.R. 61.113 (a) 14 C.F.R. 61.315 (a) 14 C.F.R. 91.7(a) 14 C.F.R. 91.119(c)

14 C.F.R. 91.121 14 C.F.R. 91.151 (a)(1) 14 C.F.R. 91.405 (a) 14 C.F.R. 407 (a) (1) 14 C.F.R. 409 (a) (1) & (2) 14 C.F.R. 417 (a) & (b)

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

The FAA has granted exemptions to the following regulations in the listed exemptions; 14 C.F.R. §§ (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), 91.405 (a) (1), 91.409 (a) (1) and (2) and 91.417(a) and (b) to allow aerial data collection (See, FAA Exemptions 11309,11460 and 11490).

14 C.F.R. Part 61: Private Pilot Privileges and Limitations: Pilot in Command

Sections 61.113 (a) & (b) limit private pilots to non-commercial operations

. Because the UAS will not carry a pilot or passengers, the proposed operations can achieve the equivalent level of safety of current operations by requiring the PIC operating the aircraft to hold a certificate issued by the FAA authorizing operation of any ai rcraft (ATP, Commercial, Private, Recreational or Sport). Unlike a conventional aircraft that carr ies the pilot and passengers, the sUAS is remotely controlled with no living thing on board. The area of operation is controlled and restricted, and all flights are planned and coordinated in advance as set forth in the Manual. The level of safety provided by the requirements included in the Manual exceeds that provided by a single individual holding a commercial pilot’s certificate operating a conventional aircraft. The risks associated with the operation of the sUAS are so diminished from the level of risk associated with commercial operations contemplated by Part 61 when drafted, that allowing operations of the sUAS as requested with any certificate issued by the FAA as the PIC exceeds the present level of safety achieved by 14 C.F.R. Part 61. The FAA has granted exemptions for private pilots to conduct similar operations in Exempt ions 11062, 11213, 11360 and 11447.Liberty Mutual Insurance

Brendan Picha, Special Projects

Personal Insurance

175 Berkeley Street

Boston, MA 02116

(617) 357-9500

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

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 (d) allows helicopters to be operated at less than the minimums prescribed, provided the person operating the helicopter complies with any route or altitudes prescribed for helicopters by the FAA. As this exemption is for a sUAS that are helicopters and the exemption requests authority to operate at altitudes up to 400 AGL an exemption may be needed to allow such operations. As set forth herein, except for the limited conditions stated in the Manual, the UAS will never operate at higher

than 400 AGL.

The equivalent level of safety will be achieved given the size, weight, speed of the UAS as well as the location where it is operated. No flight will be taken without the permission of the property owner, facility owner and local officials. Be cause of the advance notice to the property owner and participants all affected individuals will be aware of the planned flight operations as set forth in the Manual. Compared to flight operations with aircraft or rotorcraft weighting far more than the maximum 55lbs. proposed herein and the lack of flammable fuel, any risk associated with these operations is far less than those presently presented with conventional aircraft operating at or below 500 AGL in the aerial photography industry. In addition , the low- altitude operations of the sUAS will ensure separation between these small-UAS operations and the operations of conventional aircraft that must comply with Section 91.119. The FAA has granted exemptions to conduct similar operations in Exemptions 11062, 11213, 11360 and 11447.

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

This regulation requires each person operating an aircraft to maintain cruising altitude by reference to an altimeter that is set “...to the elevation of the departure airport or an appropriate altimeter setting available before departure.” As each sUAS model in at least one operating mode will not have a barometric altimeter, but instead a GPS altitude read out, an exemption will be needed. An equivalent level of safety will be achieved by the operator, pursuant to the Manual and Safety Check list, confirming the altitude of the launch site shown on the GPS altitude indicator before flight. The FAA has granted exemptions to conduct similar operations in Exemptions 11062, 11213, 11360 and 11447.

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

Section 91.151 (a) prohibits an individual from be ginning “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 nigh t, to fly after that for at least 45 minutes.”Liberty Mutual Insurance

Brendan Picha, Special Projects

Personal Insurance

175 Berkeley Street

Boston, MA 02116

(617) 357-9500

The battery powering the sUAS provides approximately 40 minutes of powered flight. To meet the 30 minute reserve requirement in 14 C.F.R. § 91.151, sUAS flights would be limited to approximately 10 minutes in length. Given the limitations on the UAS’s proposed flight area and the location of its proposed operations within a predetermined area, a longer time frame for flight in daylight or night VFR conditions is reasonable.

Applicant believes that an exemption from 14 C.F.R. § 91.151(a) falls within the scope of prior exemptions. See Exemption 10673 (allowing Lockheed Martin Corporation to operate without compliance with FAR 91.151 (a)). Operating the small UAS, in a tightly controlled area where only people and property owners or official represent atives who have signed waivers will be allowed, with less than 30 minutes of reserve fuel, does not engender the type of risks that Section 91.151(a) was intended to alleviate given the size and speed of the small UAS.

Applicant believes that an equivalent level of safety can be achieved by limiting flights to 5 minutes of reserve time on the batteries. This restriction would be more than adequate to return the sUAS to its planned landing zone from anywhere in its limited operating area.

Similar exemptions have been granted to other operations, including Exemptions 2689F, 5745, 10673, 10808 and Exemptions 11062, 11213, 11360 and 11447.

14 C.F.R. Part 91: Maintenance Inspections

These regulations require that an aircraft operator or owner “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...,” and others shall inspect or maintain the aircraft in compliance with Part 43.

Given that these section and Part 43 apply only to aircraft with an airworthiness certificate, these sections will not apply to the applicant. Maintenance will be accomplished by the operator pursuant to the flight manual and operating handbook as referenced in the FOM attached as

confidential See Exhibit 1. An equivalent level of safety will be achieved because these small UASs are very limited in size and will carry a small pay load and operate only in areas for limited periods of

time. If mechanical issues arise the UAS can land i mmediately and will be operating from no higher than 400 feet AGL. As provided in the FOM the operat or will ensure that the UAS is in working order prior to initiating flight, perform required maintenance, and keep a log of any maintenance performed. Moreover, the operator is the person most familiar with the aircraft and best suited to maintain the aircraft in an airworthy condition to provide the equivalent level of safety. The FAA has granted exemptions for similar operations in Exemptions 11062, 11213, 11360 and 11447.Liberty Mutual Insurance

Brendan Picha, Special Projects

Personal Insurance

175 Berkeley Street

Boston, MA 02116

(617) 357-9500

Given the greatly reduced size of the UAS, we ighing just over 2.8 lbs., and the restricted environment and speed envelope within wh ich it will operate, the applicant falls squarely within that zone of safety (an equivalent level of safety) in which Congress envisioned that the FAA must, by
exemption, allow commercial op erations of UASs to commence immediately. Also due to the
diminutive size of the UAS, the restricted areas in which the UAS will operate and the individualized safety assessment that will be performed before each f light, the risk to people and structures from the operation of these very small and slow moving aircraft, operating at very low altitudes, pose no safety risk and approval of the application pres ents no national security issue.

Given the clear direction in Section 333 of the Reform Act, the authority contained in the Federal Aviation Act, as amended; the strong equival ent level of safety surrounding the proposed operations, and the significant pu blic benefit, including enhanced safety, reduced environmental
impacts, such as reduced emissions associated with allowing battery powered UASs for these functions instead of turbine or gas power aircraft/ rotorcraft and operations with pilots having at least an FAA issued pilot license, the gr ant of the requested ex emptions is in the public interest.Liberty Mutual Insurance

Brendan Picha, Special Projects

Personal Insurance

175 Berkeley Street

Boston, MA 02116

(617) 357-9500



### Attachment 2

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:

Applicant seeks an exemption from the following rules:

14 C.F.R. §§ 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), 91.405 (a), 91.407, 91.409 (a) (1) and (2) and 91.417(a) and (b) to operate commercially a small unm anned vehicle (2.82 pounds or less) in aerial data collection, for the inspection of residential r oofs and commercial structures.