Thomas B. McVey Dired Dial: 202.293.8118 tmcvey@williamsmullen.com 

## WILLIAMS MULLEN

March 23, 2015

U.S. Department ofTransportation, Docket Operations West Building Ground Floor, Room W12-140 1200NewJersey Avenue, SE Washington, D.C. 20590 Re: Section 333 Exemption Request Dear SirorMadam:**~ ~')-**  ft 0 ·-· ....._. 1..}



### Pursuant to Section 333 ofthe FAA Modernization and Reform Act of2012 (the "Reform Act"), the Property Drone Consortium, LLC ("Petitioner" or "PDC") hereby applies for an exemption from the Federal Aviation Regulations ("FARs") described in Section VII below and any otherexemptions necessary to allowthe PDC to operatethe small Unmanned Aircraft Systems ("UAS") described in Section IV for research and development ("R&D") purposes, as more fully described in Section IX below.

I. 

### Background on Property Drone Consortium The PDC represents collaboration among insurance carriers, construction industry leaders and others who wish to promote research and development for the safe use ofUnmanned Aircraft System (UAS)technology across the insurance and construction industries. The PDC's purpose is to promote the development ofand regulatory approval for the use ofvarious types of UAS in property inspections, facilitate the collection ofproperty condition and damage assessment data through UAS, and engage in all activities and transactions that are necessary in furtherance ofsaid purposes. The goals ofthe PDC members include (i) development of property-specific drone hardware and software solutions; (ii) education to create industry-leading expertise; (iii) continued development ofUAS industry relationships; and (iv) establishing industry standards for UAS-captured propertydata formats. For more information about the PDC, please visit its website at http://\\'\-\'w.propertydrone.org/.

1666 KStreet N.W., Suite 1200 Washington, DC 20006 T202.833.9200 F202.293.5939 williamsmullen.com DC NC VA IA Professional CorporationU.S. Department ofTransportation, Docket Operations March 23, 2015 Page 2



### II. Contact Information The contact information for Petitioner is set forth below: Property Drone Consortium, LLC c/o Chris Barrow, CEO Property Drone Consortium,,LLC and EagleViewTechnology Corporation 3700 Monte Villa Parkway, Suite 200 Bothell, WA 98021 http://v.'W\\'.propertydrone.org/ 

### III. Requestfor Exemption to Use UAS for Research and Development The PDC seeks an exemption to permit the operation ofthe small UAS set forth in Section IV for R&D as follows: A. Insurance Institute for Business and Home Safety Facilitv (IBHS)- The IBHS is an applied research facility on a 90-acre parcel ofland in ChesterCounty, South Carolina, a sparselypopulated area morethan five miles from the closest airport. The unique facilities located at IBHS enables researchers to test systems such as UAS on full-scale one- and two-story residential and commercial building in a controlled environment. Testing programs will include highly realistic replications ofreal-world, potentiallydisastrous events, such as high winds, wind-driven rain, hail, and wildfires. The large test chamberis an exceptionally large, specially designed wind tunnel, 145 ft. wide by 145 ft. long, with a clear interiorheight of60 ft. The test chamber's dimensions, long-span steel structure, and 105 nearly 6-ft. diameterfans at the end of a contraction inlet combine to create proper aerodynamic flows and gust structure that enable researchers to create realistic Category 1, 2 and 3 hurricanes, extra-tropical windstorms, winddriven rain conditions, and strongthunderstorm frontal winds. The test chamberalso contains a custom-built 55-ft. diameterturntable so that complete rotation of_structural specimenscan be done remotely duringtesting. PDC will conduct testing both inside the test chambers and outside on the IBHS grounds. The outside testing will be done undercontrolled conditions. Forexample, the airspace will be limited, predetermined, and controlled as to access. The IBHS will not be open to the public and access to testing will be restricted to IBHS employees, representatives from PDC members or consultantsengaged in testing ortest-related work. Outside testing will occur in Class G airspace at altitudes of400 feet or less. PDC will have obtained prior written consent from any individual about whom data is collected from a UAV-mounted sensor. B. Facilities Owned orLeased by PDC and/or Its Members- While the IBHS is suitable for a broad range ofR&D, PDC also wishes to be able to conduct R&D at other facilities owned, leased orotherwise controlled by PDC or its members. This will give PDC greater

27745724_2U.S. Department ofTransportation, DocketOperations March 23, 2015 Page 3 flexibility to conduct R&D using different sensors and conditions while still providingthe safety and security provided by a controlled environment. These facilities will be located morethan 5 miles from the closest airportand the airspace will be limited and predetermined. The PDC will create a bufferzonethat will be limited to representatives from PDC membersorconsultants engaged in testing ortest-related work. Testing will occurat altitudes of400 feet or Jess. PDC will have obtained prior written consent from any individual about whom data is collected from a UAV-mounted sensor. 

### IV. Unmanned Aircraft 

### Svstems A. Microdrone md4-l000 The md4-l000 is a battery powered quadcopter weighing less than 6 kg, including payload. It has a maximum speed of26 mph and a maximum flight operatingendurance of88 minutes. Its flight and navigation controllercenterson an inertial measurement unit, consisting ofan accelerometer and a gyroscope for each axis, supplemented by a 3-axis magnetometer, a barometric altitude sensorand a GNSS receiver. With all these sensorreadings put together, the md4-l000 is able to fly self-stabilized with GNSS Position Hold. As soon as there is no input from the operator, the md4-l000 will stay on the spot, waiting for the next command. It is possibleto let the md4-l000 hoverin the same spot for several minutes. The aircraft is operated using a remote control ground station and is capableofsetting pre-programmed distance and height limits. In the event ofa loss link, GPS failure or law batterycondition, the aircraft can be programmed to descend and land orreturn to home. B. Aerialtronics AlturaZenith ATX8 The Altura Zenith ATX8 is a multi-rotor aircraft built with a monocoquecarbon airframe. The Zenith has a 5.6 kg take-offweight and a maximum payload of2.9 kg. TheZenithcarries a I6.600 mAh battery, which facilitates up to 45 minutes offlight-time with total payloads ofup to 6.4 lbs. for the ATX8. Itcan be flown with either a radio ortablet and carries a variety of payloads. The Zenith has a maximum cruise speed of20 m/s. It features auto-takeoffand landing, auto go home and landing, GPS waypoint navigation, direction lock, and GIS mapping. Specifications include:

• Length x Width: 23.6"x 23.6" • Height: 13.

### 7''- 21.6" tall • Weight: 7.7 lbs., without payload (less than 15 lbs. with payload) In support ofthis exemptionrequest, PDC is submitting under separate cover, an applicable Operational Document and Training Syllabus for the UAS described above (collectively, the "Operational Documents"). We request that the Operational Documentsbe

27745724_2U.S. DepartmentofTransportation, Docket Operations March 23, 2015 Page 4 given confidential treatment. 1 Petitionernotes that the FAA has previously granted exemptions for both the md4-l000 and the AlturaZenith ATX8.2 

### V. Statutorv Authority for Requested Exemptions This petition for exemption is submitted in accordance with Section 333 ofthe Reform Act. Pursuant to Section 333 ofthe Reform Act, the Federal Aviation Administration (FAA) Administrator (the "Administrator") is to permit operation ofan unmanned aircraft system where it does not create a hazard to users ofthe national airspace system (NAS) orthe public orpose a threat to national security. Moreover, the Federal Aviation Act grants the Administratorgeneral authority to grant exemptions from the agency's safety regulations and minimum standards when the Administratordecides such a requested exemption is in the public interest. 

### See 49 U.S.C. 

### § § I06(

### f), 44701-44716, 

### etseq. A party requesting an exemption must explain the reasons why the exemption: (i) would benefitthe public as a whole, and (ii) would not adversely affect safety orhow it would provide a level ofsafety at least equal to the existingrules. 14 C.F.R. 

### § 11.81. 

### VI. Safety Measures and Public Interest Benefits As described in moredetail in Section IX, the PDC will take measuresto ensure such operations will not create a hazard to aviation orthe public. Flights will be conducted under400 feet AGL thereby avoiding interference with users ofthe national airspace system ("NAS"). Flights will be suspended immediately to yield right-of-way to any other aircraft. Geo-fencing will be utilized when available to ensure that a UAS does not fly outside ofthe intended area. Operations will also not create a hazard to the public as PDC will only operate the UAS over unpopulated areas. The test site will be secured and only authorized personnel \Viii be permitted on the grounds. Given the size and speed ofthe UAS, the controlled nature ofthe testing locations and the lack ofexplosive materials or flammablejet fuels, the operations will not pose a threat to national security. There are a numberofreasons why grantingthe PDC'srequest to operate the UAS for R&D purposes is in the public interest. Currently, the PDC members use individuals on the ground and on roofs to conduct physical inspection and evaluation ofclaims. These measures carry substantial risk, particularly in the aftermath ofstorms ordisasters when structures may be compromised oraccess blocked. These inspectionscan also be time consuming and expensive. Allowingthe PDC to conduct this R&D is an important step to realize the full potential ofUAVs for insurance-related purposes such as to conduct surveys and inspections for damages. The

1 Petitioner submits the Operational Documents as Confidential documents under 14 C.F.R. § 11.35(b) as they contain proprietary information that Petitioner has not and will not share with others. The documents contain operatingconditions and procedures that are not available to the public and are protected from release under the Freedom ofInformation Act, 5 U.S.C. §552.

2See, e.g., Asymmetric Technologies (Microdrone md4-l000

- Exemption No. II171) and State Farm Mutual Automobile Insurance Company (Altura Zenith ATX8- Exemption No. 11175 and Exemption 11188).

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R&D·will be conducted by industry experts in a controlled and safe environment. The exemption will allow for the testing ofvarious hardware and software components and configurations. It will also facilitate the development ofstandards for data collection and sharing. As a result, the benefits ofthis exemption will include enhanced safety for individuals, cost savings and greater efficiency in an industry that is critical to the nation. 

### VII. Specific Sections from Which Petitioners Seek an Exemption Based upon the information provided and the exemptions that the FAA has already granted pursuantto Section 333, the PDC requests the following exemptions: 

### 14 C.F.R. 

### §61.113(a) 14 C.F.R. 

### § 61.113(b) 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) 14 C.F.R. 

### §91.405(a) 14 C.F.R. 

### §91.407(a)(1) 14 C.F.R. 

### §91.409(a)(1) 14 C.F.R. 

### §91.409(a)(2) 14 C.F.R. 

### §91.417(a) 14 C.F.R. 

### §91.417(b) VIII. Justificationsfor Each Exemption Request I. 14 C.F.R. 

### §§ 61.113(a) and (b)- Private pilot privileges and limitations. Sections 61.113 (a) & (b) restrict private pilots to non-commercial operations. However, the UAS is remotely controlled and does not carry a pilot orpassengers. The area ofoperation is controlled and restricted, and all flights are planned and coordinated in advance as set forth in the applicable Operational Documentand as further described herein. As a result, an equivalent level ofsafety will be met by grantingthis exemption. Petitionernotes that the Administrator has granted relieffrom this section in previous exemptions. 2. 14 C.F.R. §91.7(a) Civil aircraft worthiness. Section 91.7(a) requires that an operatordetermine an aircraft is in airworthy condition before a flight. PDCrequests relieffrom this section provided that the operatorofthe UAS determines priorto each flight that the aircraft is in compliance with the applicable Operational Documents. Such pre-flight inspection will providethe equivalent level ofsafety as that provided by this section. Petitionernotes that the Administrator has granted relieffrom this section in previousexemptions.

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3. 14 C.F.R. § 91.119(c) Minimum safe altitudes overcongested and otherareas. Section 91.119(c) establishes safe altitudes for operation ofcivil aircraft overareas other than congested areas. The PDCrequests relieffrom this section with respect to those participating persons, vehicles, and structures directly involved with R&D. The UAS will never operate at higher than 400 AGL. It will be operated in a restricted area, where buildings and people will not be exposed to operations without priorconsent. Relieffrom this section is warranted as operations will be conducted with adequate safety provisions as outlined herein and in the applicable Operational Documents. As a result, an equivalent level ofsafety will be met by grantingthis exemption. Petitionernotes that the Administrator has granted relieffrom this section in previousexemptions. 4. 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 ofthe departure airport oran appropriate altimeter setting available before departure." An exemption from this section may be needed if the UAS does not have a barometric altimeter, but instead has a GPS altitude read out. An equivalent level ofsafety will be achieved by the operator, pursuant to the applicable Operational Documents, confirming the altitude ofthe launch site shown on the GPS altitude indicatorbefore flight. As a result, an equivalent level ofsafety will be met by grantingthis exemption. Petitionernotes that the Administratorhas granted relieffrom this section in previous exemptions. 5. 14 C.F.R. § 91.151 (a) Fuel requirements for flight in VFRconditions. Section91.151 (a) prohibits an individual from beginning "a flight in an airplane under VFR conditions unless (considering wind and forecast weatherconditions) there is enough fuel to fly to the first point ofintended landing, and, assuming normal cruising speed- (I) During the day, to fly afterthat for at least 30 minutes." Complying with the 30 minute reserve would severely limit the length ofthe PDC's UAS flights and hamperR&D efforts. Giventhe location ofthe IBHS and the limitations on the UAS's proposed flight area a longertime frame for flight in daylight conditions is reasonable. Operating the UAS in a tightly controlled area, where only people orofficial representatives who have signed waivers will be allowed, does not raise the type ofrisks that this section was intendedto address, particularly given the size and speed ofthe UAS. PDC believesthat an equivalent level ofsafety can be achieved by limiting flights to 50 minutes or20% ofbattery power, whicheverhappens first.

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6. 14 C.F.R. §91.405(a) Maintenance required: 14 C.F.R. §91.407(a)(l) Operation after maintenance. preventive maintenance. rebuilding oralteration: 14 C.F.R. §§ 91.409(a)(l) and (2) Inspections: 14 C.F.R. §§ 91.417(a) and (b) Maintenance records. Maintenance will be accomplished by the operatorpursuant to the applicable Operational Documents. An equivalent level ofsafety will be achieved because the UAS are very limited in size and will carry a small payload and operate only in restricted areas for limited periods of time. Ifmechanical issues arise, the UAS will be operating from no higher than 400 feet AGL and can immediately land. As provided in the applicable Operational Documents, the operator will ensure that the UAS is in working orderpriorto initiating flight, perform required maintenance, and keep a log ofany 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 ofsafety. As a result, an equivalent level ofsafety will be met by grantingthis exemption. Petitionernotes that the Administrator has granted relief from this section in previous exemptions. 7. Additional Relief. In addition to the exemptions listed above, the PDCrequests exemption from such other rules and regulations as the FAA deems appropriate to enable the operationsdescribed herein. Since previous exemptions granted under Section 333 ofthe Reform Act have been effective for two years, the PDC also requests that ifthe FAA issues interim or final rules applicableto the operation ofany UAS included herein afterthe PDC receives a Grant ofExemption that any conditions and limitations required in such Grant that are more burdensome than the new regulation be appropriately modified orremoved. 8. Expedited Process. Given the potential for this exemption to lead to developments that will save lives and property after a storm ordisaster, the PDC requests that, ifpossible, this request for exemption be considered on an expedited basis. 

### IX. OperatingParametersfor UAS Use PDC proposes that iftherequested exemptions are granted, it will operate the UAS under the following conditions:

27745724_2 1. UAS operations R&D will be conducted by a Pilot in Command (PIC). The PIC shall hold, at a minimum, a private pilot certificate and at least a current third-class medical certificate. The UAS will be in visual line ofsite (VLOS)ofthe PIC at all times.U.S. DepartmentofTransportation, Docket Operations March 23, 2015 Page 8

27745724_22. All UAS operations will utilize a visual observer ("YO"). The YO will not perform anyotherduties beyond assisting the PIC with seeing and avoiding air traffic and otherground-based obstacles/obstructions. 3. The PIC and YO will be able to communicate verbally at all times. 4. PDC will rely on the UAS vendor(s) to provide a pilot qualification program, including a training program incorporating proper aircraft operations and safety standards. The PIC and the YO will have obtained the necessary qualifications/training. A record ofcompletionofthis qualification process will be documented and made available to the Administrator upon request. 5. UAS may not be flown at ground speedsexceeding 22.5 knots (26 mph). 6. Flights will be operated at an altitude ofno more than 400 feet above ground level. 7. Theoperator will obtain an AirTraffic Organization (ATO) issued Certificateof WaiverorAuthorization (COA) priorto each flight. 8. Each UAS operation will be completed within 50 minutes flight time or with 20% battery powerremaining, whicheveroccurs first. At 30%battery the UAS will enter a return and land sequence; at 20% it will land immediately. 9. UAS will not be operated over any person (otherthan participating personnel) at an altitude that is hazardous to persons or property on the surface in the event ofa UAS failure oremergency. UAS will be operated at a distance from participatingbuildings ofat least 10 feet. Operations will be conducted at least 500 feet from nonparticipatingpersons orbuildings, unless barriers are in place to provide adequate protection. 10. The UAS will abort the flight in the event ofunpredicted obstacles oremergencies in accordance with the applicable Operational Document. II. The UAS will remain clearand yield the right ofway to all other manned operations and activities at all times. 12. UAS operations will not be conducted during night. 13. The UAS will not be operated by the PIC from any movingdevice orvehicle.U.S. Department ofTransportation, Docket Operations March 23,2015 Page 9

27745724_2 14. The UAS will not be operated less than 500 feet belowor less than 2,000 feet horizontally from a cloud or when visibility is less than 3 statute miles from the PIC. 15. The applicable Operational Documents and all documents required under 14 C.F.R. § 91.9 and 91.203 will be available to the PIC at the Ground Control Station ofthe UAS anytime the aircraft is operating. These documents will be made available to the Administratorupon request. 16. Any incident, accident, or flight operation that transgresses the lateral orvertical boundaries ofthe operational area as defined by the applicable COA will be reported to the FAA's UAS Integration Office (AFS-80) within 24 hours. Accidents will be reported to the National Transportation Safety Board (NTSB). 17. Theoperatorwill follow the procedures as outlined in its applicable Operational Documents. 18. Priorto each flight, pilot will inspectthe UAS to ensure it is in condition for safe flight. Ifthe inspection reveals a discrepancy, the aircraft will be prohibited from operating until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight. 19. Operations will not be conductedovercongested ordensely populated areas. 20. All operations will be conducted overprivate orcontrolled-access property with permission from the land-owner/controlleror authorized representative. Permission form the authority will be obtained for each flight to be conducted. 21. Beforeconductingoperations, the radio frequency spectrum used for operation and control ofthe UAS will comply with Federal Communications Commission (FCC) or otherappropriate government oversight agency requirements. 22. All maintenance and alterations will be properly documented in the aircraft records. 23. Any UAS that undergoes maintenance oralterations that affect the UAS operation or flight characteristics will undergo a functional flight test in accordance with the applicable Operational Documents. 24. Petitioner will institute a rigorous maintenance program to ensure airworthiness ofthe UAS. Operator will follow the manufacturer's UAS aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements. 25. Each UAS will comply with all manufacturer Safety Bulletins.

### U.S. Department ofTransportation, Docket Operations March 23,2015 Page 10

X. Summary to be Published in Federal Register 

### Petitioner: Property Drone Consortium, LLC 

### Sections of14 C.F.R. Affected: §§ 61.113(a) and (b);§ 91.7(a); § 91.119(c); § 91.121; § 91.151(a); § 91.405(a); § 91.407(a)(1); 

### §§ 91.409(a)(l) and (2); §§ 91.417(a) and (b). 

### Description ofReliefSought: Petitioner seeks relieffrom the requirements of 14 C.F.R.;§§ 61.113(a) and (b);§ 91.7(a);l4 C.F.R. § 91.119(c); 14 C.F.R. § 91.121; 14 C.F.R. § 91.151(a); 14 C.F.R. § 91.405(a); 14 C.F.R. § 91.407(a)(1); 14 C.F.R. §§ 91.409(a)(l)and (2); 14 C.F.R. §§ 91.417(a) and (b) to conduct small unmanned aircraft systems (UAS) research and development operations subject to operating procedures that meet orexceed those that FAA requires for similaroperations. XI. Conclusion 

### Satisfaction ofthe criteria provided in Section 333 ofthe Reform Act regarding size, weight, speed, operatingcapabilities, proximityto airports and populated areas, operation within visual line ofsight, and national security, provide more than adequatejustification for the grant ofthe requested exemption allowingoperation ofPDC's UAS for R&D purposes. Please contact PDC's outside counsel, Kevin D. Pomfret at 703-760-5204 orkpomfret@.williamsmullen.com with any questions about this filing.

TBM/dll Attachments: Confidential Treatment is requested. 1. 

### Microdrone md4-1000- Operators Handbook, Training Description, and Flight Operation Checklist; 2. Altura Zenith ATX8 Operations Manual

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