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 referred to as “Liberty Mutual”) hereby petitions 

the Secretary of Transportation and Federal Aviation Administration ("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 maintenance will be conducted in accordance with the 

operations manual published by the aircraft manufacturer. Liberty Mutual will comply with all 

previously established 333 exemption requirements as outlined in Exemption No. 11857, FAA Docket 

No. FAA-2015-0513. 

 The operations manual is available at the following URL: http://download.djiinnovations.com/downloads/phantom_3/en/Phantom_3_Professional_User_Manual_v1.4_en.pdf 

 

Liberty Mutual Insurance 

Brendan Picha, Special Projects

Personal Insurance 

175 Berkeley Street 

Boston, MA 02116 

(617) 357-9500 

ATTACHMENT 1 

Regulations from which the 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 aircraft (ATP, Commercial, Private, Recreational 

or Sport). Unlike a conventional aircraft that carries 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 Exemptions 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. Because 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 beginning “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.” 

 
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 representatives 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 payload and operate only in areas for limited periods of 

time. If mechanical issues arise the UAS can land immediately and will be operating from no higher 

than 400 feet AGL. As provided in the FOM the operator 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, weighing just over 2.8 lbs., and the restricted 

environment and speed envelope within which 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 operations 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 flight, 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 presents 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 equivalent level of safety surrounding the proposed 

operations, and the significant public 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 grant of the requested exemptions 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 unmanned vehicle (2.82 pounds or less) in aerial data collection, for 

the inspection of residential roofs and commercial structures.