Thomas B. McVey 

Dired Dial: 202.293.8118 

tmcvey@williamsmullen.com 

WILLIAMS MULLEN 

March 23, 2015 

U.S. Department of Transportation, Docket Operations 

West Building Ground Floor, Room W12-140 

1200 New Jersey A venue, SE 

Washington, D.C. 20590 

Re: Section 333 Exemption Request 

Dear Sir or Madam: 

~ ~')- 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 ("F ARs") described in Section VII below 

and any other exemptions necessary to allow the PDC to operate the 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 of Unmanned 

Aircraft System (UAS) technology across the insurance and construction industries. The PDC's 

purpose is to promote the development of and regulatory approval for the use of various types of 

UAS in property inspections, facilitate the collection of property condition and damage 

assessment data through UAS, and engage in all activities and transactions that are necessary in 

furtherance of said purposes. The goals of the PDC members include (i) development of 

property-specific drone hardware and software solutions; (ii) education to create industry-leading 

expertise; (iii) continued development of UAS industry relationships; and (iv) establishing 

industry standards for UAS-captured property data formats. For more information about the 

PDC, please visit its website at http://\\'\-\'w.propertydrone.org/. 

1666 K Street N.W., Suite 1200 Washington, DC 20006 T 202.833.9200 F 202.293.5939 williamsmullen.com 

DC NC VA I A Professional Corporation 
U.S. Department of Transportation, 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 Eagle View Technology Corporation 

3700 Monte Villa Parkway, Suite 200 

Bothell, W A 98021 

http://v.'W\\'.propertydrone.org/ 

III. Request for Exemption to Use UAS for Research and Development 

The PDC seeks an exemption to permit the operation of the 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 of land in Chester County, South Carolina, a 

sparsely populated area more than 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 of real-world, potentially disastrous events, such as high winds, 

wind-driven rain, hail, and wildfires. The large test chamber is an exceptionally large, specially 

designed wind tunnel, 145 ft. wide by 145 ft. long, with a clear interior height of 60 ft. The test 

chamber's dimensions, long-span steel structure, and 105 nearly 6-ft. diameter fans 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 strong thunderstorm frontal winds. The test chamber also contains a 

custom-built 55-ft. diameter turntable so that complete rotation of_structural specimens can be 

done remotely during testing. 

PDC will conduct testing both inside the test chambers and outside on the IBHS grounds. 

The outside testing will be done under controlled conditions. For example, 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 

consultants engaged in testing or test-related work. Outside testing will occur in Class G 

airspace at altitudes of 400 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 or Leased by PDC and/or Its Members- While the IBHS is 

suitable for a broad range of R&D, PDC also wishes to be able to conduct R&D at other facilities 

owned, leased or otherwise controlled by PDC or its members. This will give PDC greater 

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flexibility to conduct R&D using different sensors and conditions while still providing the safety 

and security provided by a controlled environment. These facilities will be located more than 5 

miles from the closest airport and the airspace will be limited and predetermined. The PDC will 

create a buffer zone that will be limited to representatives from PDC members or consultants 

engaged in testing or test-related work. Testing will occur at altitudes of 400 feet or Jess. PDC 

will have obtained prior written consent from any individual about whom data is collected from a 

UA V -mounted sensor. 

IV. Unmanned Aircraft Svstems 

A. Microdrone md4-l 000 

The md4-l 000 is a battery powered quadcopter weighing less than 6 kg, including 

payload. It has a maximum speed of 26 mph and a maximum flight operating endurance of 88 

minutes. Its flight and navigation controller centers on an inertial measurement unit, consisting 

of an accelerometer and a gyroscope for each axis, supplemented by a 3-axis magnetometer, a 

barometric altitude sensor and a GNSS receiver. With all these sensor readings put together, the 

md4-l 000 is able to fly self-stabilized with GNSS Position Hold. As soon as there is no input 

from the operator, the md4-l 000 will stay on the spot, waiting for the next command. It is 

possible to let the md4-l 000 hover in the same spot for several minutes. 

The aircraft is operated using a remote control ground station and is capable of setting 

pre-programmed distance and height limits. In the event of a loss link, GPS failure or law 

battery condition, the aircraft can be programmed to descend and land or return to home. 

B. Aerialtronics Altura Zenith A TX8 

The Altura Zenith A TX8 is a multi-rotor aircraft built with a monocoque carbon airframe. 

The Zenith has a 5.6 kg take-off weight and a maximum payload of2.9 kg. The Zenith carries a 

I 6.600 mAh battery, which facilitates up to 45 minutes of flight-time with total payloads of up to 

6.4 lbs. for the A TX8. It can be flown with either a radio or tablet and carries a variety of 

payloads. The Zenith has a maximum cruise speed of 20 m/s. It features auto-takeoff and 

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 of this exemption request, 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 Documents be 

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given confidential treatment. 1 Petitioner notes that the FAA has previously granted exemptions 

for both the md4-l 000 and the Altura Zenith ATX8. 2 

V. Statutorv Authority for Requested Exemptions 

This petition for exemption is submitted in accordance with Section 333 of the Reform 

Act. Pursuant to Section 333 of the Reform Act, the Federal Aviation Administration (FAA) 

Administrator (the "Administrator") is to permit operation of an unmanned aircraft system where 

it does not create a hazard to users of the national airspace system (NAS) or the public or pose a 

threat to national security. Moreover, the Federal Aviation Act grants the Administrator general 

authority to grant exemptions from the agency's safety regulations and minimum standards when 

the Administrator decides such a requested exemption is in the public interest. See 49 U.S.C. 

§ § I 06( f), 44 701-44 716, et seq. A party requesting an exemption must explain the reasons why 

the exemption: (i) would benefit the public as a whole, and (ii) would not adversely affect safety 

or how it would provide a level of safety at least equal to the existing rules. 14 C.F.R. § 11.81. 

VI. Safety Measures and Public Interest Benefits 

As described in more detail in Section IX, the PDC will take measures to ensure such 

operations will not create a hazard to aviation or the public. Flights will be conducted under 400 

feet AGL thereby avoiding interference with users of the 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 of the 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 of the testing 

locations and the lack of explosive materials or flammable jet fuels, the operations will not pose 

a threat to national security. 

There are a number of reasons why granting the PDC's request 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 of claims. These measures 

carry substantial risk, particularly in the aftermath of storms or disasters when structures may be 

compromised or access blocked. These inspections can also be time consuming and expensive. 

Allowing the 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 

operating conditions and procedures that are not available to the public and are protected from release under the 

Freedom of Information Act, 5 U.S.C. § 552. 

2 See, e.g., Asymmetric Technologies (M icrodrone md4-l 000 - Exemption No. I I 171) 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 of various hardware and software components and 

configurations. It will also facilitate the development of standards for data collection and 

sharing. As a result, the benefits of this 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 pursuant to 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. Justifications for 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 or passengers. The area of operation is 

controlled and restricted, and all flights are planned and coordinated in advance as set forth in the 

applicable Operational Document and as further described herein. As a result, an equivalent 

level of safety will be met by granting this exemption. Petitioner notes that the Administrator 

has granted relief from this section in previous exemptions. 

2. 14 C.F.R. § 91.7(a) Civil aircraft worthiness. 

Section 91. 7(a) requires that an operator determine an aircraft is in airworthy condition 

before a flight. PDC requests relief from this section provided that the operator of the UAS 

determines prior to each flight that the aircraft is in compliance with the applicable Operational 

Documents. Such pre-flight inspection will provide the equivalent level of safety as that 

provided by this section. Petitioner notes that the Administrator has granted relief from this 

section in previous exemptions. 

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3. 14 C.F.R. § 91.119(c) Minimum safe altitudes over congested and other areas. 

Section 91.119(c) establishes safe altitudes for operation of civil aircraft over areas other 

than congested areas. The PDC requests relief from 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 prior consent. Relief from 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 of safety will be met 

by granting this exemption. Petitioner notes that the Administrator has granted relief from this 

section in previous exemptions. 

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 of the departure airport or an 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 of safety will be achieved by the operator, pursuant to the applicable Operational 

Documents, confirming the altitude of the launch site shown on the GPS altitude indicator before 

flight. As a result, an equivalent level of safety will be met by granting this exemption. 

Petitioner notes that the Administrator has granted relief from this section in previous 

exemptions. 

5. 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- (I) During the 

day, to fly after that for at least 30 minutes." 

Complying with the 30 minute reserve would severely limit the length ofthe PDC's UAS 

flights and hamper R&D efforts. Given the location of the IBHS and the limitations on the 

UAS's proposed flight area a longer time frame for flight in daylight conditions is reasonable. 

Operating the UAS in a tightly controlled area, where only people or official representatives who 

have signed waivers will be allowed, does not raise the type of risks that this section was 

intended to address, particularly given the size and speed of the UAS. PDC believes that an 

equivalent level of safety can be achieved by limiting flights to 50 minutes or 20% of battery 

power, whichever happens 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 or alteration: 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 operator pursuant to the applicable Operational 

Documents. An equivalent level of safety 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. If mechanical 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 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. As a result, an equivalent level of safety will 

be met by granting this exemption. Petitioner notes that the Administrator has granted relief 

from this section in previous exemptions. 

7. Additional Relief. 

In addition to the exemptions listed above, the PDC requests exemption from such other 

rules and regulations as the FAA deems appropriate to enable the operations described herein. 

Since previous exemptions granted under Section 333 ofthe Reform Act have been effective for 

two years, the PDC also requests that if the FAA issues interim or final rules applicable to the 

operation of any UAS included herein after the PDC receives a Grant of Exemption that any 

conditions and limitations required in such Grant that are more burdensome than the new 

regulation be appropriately modified or removed. 

8. Expedited Process. 

Given the potential for this exemption to lead to developments that will save lives and 

property after a storm or disaster, the PDC requests that, if possible, this request for exemption 

be considered on an expedited basis. 

IX. Operating Parameters for UAS Use 

PDC proposes that ifthe requested exemptions are granted, it will operate the UAS under 

the following conditions: 

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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 of site (VLOS) of the PIC at all times. 
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2. All UAS operations will utilize a visual observer ("YO"). The YO will not perform 

any other duties beyond assisting the PIC with seeing and avoiding air traffic and 

other ground-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 of completion of this qualification process will be 

documented and made available to the Administrator upon request. 

5. UAS may not be flown at ground speeds exceeding 22.5 knots (26 mph). 

6. Flights will be operated at an altitude of no more than 400 feet above ground level. 

7. The operator will obtain an Air Traffic Organization (A TO) issued Certificate of 

Waiver or Authorization (COA) prior to each flight. 

8. Each UAS operation will be completed within 50 minutes flight time or with 20% 

battery power remaining, whichever occurs 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 (other than participating personnel) at an 

altitude that is hazardous to persons or property on the surface in the event of a UAS 

failure or emergency. UAS will be operated at a distance from participating buildings 

of at least 10 feet. Operations will be conducted at least 500 feet from nonparticipating persons or buildings, unless barriers are in place to provide adequate 

protection. 

10. The UAS will abort the flight in the event of unpredicted obstacles or emergencies in 

accordance with the applicable Operational Document. 

II. The UAS will remain clear and yield the right of way 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 moving device or vehicle. 
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14. The UAS will not be operated less than 500 feet below or 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 any time the aircraft is operating. These documents will be made available to 

the Administrator upon request. 

16. 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 24 hours. Accidents will be 

reported to the National Transportation Safety Board (NTSB). 

17. The operator will follow the procedures as outlined in its applicable Operational 

Documents. 

18. Prior to each flight, pilot will inspect the UAS to ensure it is in condition for safe 

flight. If the 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 conducted over congested or densely populated areas. 

20. All operations will be conducted over private or controlled-access property with 

permission from the land-owner/controller or authorized representative. Permission 

form the authority will be obtained for each flight to be conducted. 

21. Before conducting operations, the radio frequency spectrum used for operation and 

control of the UAS will comply with Federal Communications Commission (FCC) or 

other appropriate government oversight agency requirements. 

22. All maintenance and alterations will be properly documented in the aircraft records. 

23. Any UAS that undergoes maintenance or alterations 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 of the 

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. 
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X. Summary to be Published in Federal Register 

Petitioner: Property Drone Consortium, LLC 

Sections of 14 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 relief from 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 or exceed those that FAA 

requires for similar operations. 

XI. Conclusion 

Satisfaction of the criteria provided in Section 333 of the Reform Act regarding size, 

weight, speed, operating capabilities, proximity to airports and populated areas, operation within 

visual line of sight, and national security, provide more than adequate justification for the grant 

of the requested exemption allowing operation of PDC's UAS for R&D purposes. Please contact 

PDC's outside counsel, Kevin D. Pomfret at 703-760-5204 or kpomfret@.williamsmullen.com 

with any questions about this filing. 

TBM/dll 

Attachments: Confidential Treatment is requested. 

1. Microdrone md4-1 000- Operators Handbook, Training Description, and Flight Operation 

Checklist; 

2. Altura Zenith A TX8 Operations Manual 

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