July 10, 2015

 Exemption No. 11293A

 Regulatory Docket No. FAA-2014-0962

Mr. Mark E. McKinnon 

Counsel for Erie Insurance Group 

McKenna Long & Aldridge LLP 

1676 International Drive Penthouse 

McLean, VA 22102 

Dear Mr. McKinnon: 

This letter is to inform you that we have granted your petition for an amendment. It explains 

the basis for our decision, describes its effect, and lists any changes to the original conditions 

and limitations.

By letter dated April 30, 2015, you petitioned the Federal Aviation Administration (FAA) on 

behalf of Erie Insurance Group (hereinafter petitioner or operator) for an amendment to your 

current exemption. That exemption from §§ 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), 91.407(a)(1), 91.409(a)(1) and 

(2), and 91.417(a) and (b) of Title 14, Code of Federal Regulations (14 CFR) allows the 

petitioner to operate a UAS to perform aerial data collection. You requested an amendment to 

add the DJI Phantom 3 Professional and DJI Phantom 3 Advanced.

In your petition, you indicate that there has been no change in the conditions and reasons 

relative to public interest and safety that were the basis for granting the original exemption.

The FAA has determined that good cause exists for not publishing a summary of the petition 

in the Federal Register because the requested amendment to the exemption would not set a 

precedent, and any delay in acting on this petition would be detrimental to the petitioner. The 

unmanned aircraft(s) authorized in the original grant are comparable in type, size, weight, 

speed and operating capabilities to those in this petition.

Airworthiness Certification

In accordance with the statutory criteria provided in Section 333 of Public Law 112−95 in 

reference to 49 U.S.C. § 44704, and in consideration of the size, weight, speed, and limited 
2

operating area associated with the aircraft and its operation, the Secretary of Transportation 

has determined that this aircraft meets the conditions of Section 333. Therefore, the FAA 

finds that relief from 14 CFR part 21, Certification procedures for products and parts, 

Subpart H—Airworthiness Certificates, and any associated noise certification and testing 

requirements of part 36, is not necessary.

Our Decision

The FAA has determined that the justification for the issuance of Exemption No. 11293 

remains valid and is in the public interest. Therefore, under the authority contained 

in 49 U.S.C. 106(f), 40113, and 44701, delegated to me by the Administrator, the operator is 

granted an amendment to add new aircraft to its UAS operations.

The operator shall add this amendment to its original exemption.

 

Conditions and Limitations

All conditions and limitations within Grant of Exemption No. 11293 remain in effect except 

as follows. Condition No. 1 has been updated to reflect the additional aircraft. 

Failure to comply with any of the conditions and limitations of this grant of exemption will be 

grounds for the immediate suspension or rescission of this exemption. 

1. Operations authorized by this grant of exemption are limited to the DJI Phantom 2 

Vision +, DJI Phantom 3 Professional, and DJI Phantom 3 Advanced when weighing 

less than 55 pounds including payload. Proposed operations of any other aircraft will 

require a new petition or a petition to amend this exemption.

This exemption terminates on April 30, 2017, unless sooner superseded or rescinded.

Sincerely,

John S. Duncan

Director, Flight Standards Service
Albany

Atlanta

Brussels

Denver

Los Angeles

Miami

New York

1676 International Drive • Penthouse

McLean, VA 22102

Tel: 703.336.8800

mckennalong.com

Northern Virginia

Orange County

Rancho Santa Fe

San Diego

San Francisco

Seoul

Washington, DC

Mark E. McKinnon

703.336.8708

Matthew J. Clark

703.336.8714

Email Address

mmckinnonf@mckennalong.com

mclark@mckennalong.com

April 30, 2015

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

Re: Petition to Amend Exemption No. 11293 Issued to Erie Insurance Group

Pursuant to Section 333 of the FAA Reform Act (Docket No. FAA-2014-

0962)

Dear Gentlemen:

Erie Insurance Group (Erie) was issued Exemption No. 11293 on April 8, 2015 

(hereinafter "the Exemption"), allowing operation of the DJI Phantom 2 Vision+ for aerial data 

collection. Erie hereby requests an amendment to the Exemption to add an additional UAS 

vehicle that fully complies with the conditions of the Exemption.

Erie seeks to operate the DJI Phantom 3 Professional and Advanced Models (hereinafter 

“Phantom 3”) under the same conditions and limitations contained in the Exemption. Erie will 

revise its UAS Operations Manual to include the DJI Phantom 3. If requested, Erie will submit a 

revised copy of the UAS Operations Manual to the Administrator under separate cover pursuant 

to 14 C.F.R. § 11.35(b), as the materials contain confidential commercial and/or proprietary 

information that Erie has not and will not share with others. Additionally, the document contains

operating conditions and procedures that are not generally available to the public and are 

protected from release under the Freedom of Information Act, 5 U.S.C. § 552 et seq. All 

operations of the additional UAS will be in full compliance with the terms of the Exemption. 

Erie believes that an amendment adding the DJI Phantom 3 to the Exemption is in the 

public's interest as it would reduce hazards and emissions associated with alternate use of

manned aircraft to conduct similar aerial data collection. Like the DJI Phantom 2 Vision+ 

authorized for use under the Exemption, the DJI Phantom 3 is light weight and does not carry 
U.S. Department of Transportation

April 30, 2015

Page 2

any flammable fuel, further reducing the risk from any potential accident. Moreover, the size, 

weight, design, and performance specifications of the DJI Phantom 3 are substantially similar to 

those of the DJI Phantom 2 Vision+ in all relevant aspects. Below is a side-by-side comparison 

chart of DJI Phantom 2 Vision+ and DJI Phantom 3 specifications1: 

Specifications DJI Phantom 2 Vision+ DJI Phantom 3 

Weight (Battery & Props 

Included) 1242g 1280g

Max Speed 15 m/s 16 m/s

Max Ascent / Max Descent Ascent: 6 m/s, Descent: 3 m/s Ascent: 5 m/s, Descent: 3 m/s

Battery Capacity 5200 mAh - 11.1 V 4480 mAh-15.2 V

Controller Operating 

Frequency 5.728 GHz – 5.85 GHz. 2.4000 GHz -- 2.483 GHz

Diagonal Distance (motormotor) 350mm 350mm

Failsafe Return-to-Home 

(RTH) Function Yes Yes 

As this is an amendment to an existing exemption seeking the addition of supplementary 

UAS model that is substantially similar to the one currently authorized for use under the 

Exemption, Erie respectfully submits that good cause exists so that notice does not need to be 

published in the Federal Register for the requested amendment.

If you have any questions, or need any additional information to process the requested 

amendment to the Exemption, please do not hesitate to contact the undersigned. 

 

1

For additional information on DJI Phantom 3 specifications, see the DJI Phantom 3 Advanced 

User Manual v1.0 included as Attachment A and the DJI Phantom 3 Professional user Manual 

v1.0 included as Attachment B
U.S. Department of Transportation

April 30, 2015

Page 3

Very truly yours, 

Mark E. McKinnon 

Matt Clark

 

Counsel for Erie Insurance Group

Attachments
U.S. Department of Transportation

April 30, 2015

Page 4

Attachment A: DJI Phantom 3 Advanced User Manual v1.0
U.S. Department of Transportation

April 30, 2015

Page 5

Attachment B: DJI Phantom 3 Professional User Manual v1.0