TSC)DIRECT 

Tri-State Consumer Insurance Company 

December 15,2015' 

u.s. Department of Transportation 

Docket Management System 

1200 New Jersey Ave. SE 

Washington; DC 20590 

Re: Petition for Section 333 Exemption to dte FAA Modernization and Reform Act of 2012 

Ladies and Oentlemen: 

Pursuant to Section 333 of the FAA Modernization aad Refann Actof2012, Tri-State Consumer 

Insurance (hereinafter ""Tri-State") h«eby requests an exen¢on for authority to operate unmanned 

airoraft in the National Airspace Sy~ (NAS) and from the below referenced Federal Aviation 

Regulations. Specifically., Tri~State seeks authority to operate a DJI Phantom 3 UAS to perform aerial 

roof inspections and aerial photography for insurance purposes of properties that have allegedly incurred 

damage and on which an insurance claim has been made. 

_ ·. · · -'The FAA bas-gramed'atlltast·one eieUiptiOn to zt~y intending to use UAS to perform such 

.aerial inspections for~ amoog'otlier ~ msuraltcif~.1 Similarly, the FAA has granted 

-numerous exemptions-to-companies intending to use UAS for aerial photography in connectioo with 

commercial real estate tistings.2 Such operations, involving the operation of smatl UAS over homes for 

~qf~~~;yg~ ~-(~~ ._~ (B,Kht$1lytics}~ indi$t!Jt~sbable 

~=~t2~3~~502"~~·0~~': J9S~: ·It~ licensed on ~.28. 1985 and commenced business on Mare.b9~"t1986u1he 

Company is a WhOlly owned subsidiary of The Tri-State Consumer,lnc., a New y,~ ~~- The 

Company's office is located at IOOJericboQuadrangJe, Suite 124, Jericho, NY H753. The main 

telephone number is (516) 681-9400 and fax munber is (516} 390-2671. · 

H. Description of the Proposed UAS Operation and Safeguards 

' ' 

Tri-State intends to ~y aDJI ~ 3 for its UAS opennions.3 The {)JI Phantom 3 is 

incredibl}' small, weighing only 1,280 grams (less than three pounds), wen below tbe 55_pound limit set 

forth in the draft nile for small UAS. As such, it presents little threat to the. safe aJ}d.effic:ientopercltion of 

~~ ~ N~. Further~, j,t._is;~_55mm in diagonal size, bas a maxirnuln.~Peed~<!f 16 meters per 

seci:Jbd;(ti¥s), a~~ ~,OQ!y S~s~ _8\!d.a!D&Ximum~t_ofl rp/,s;,~lht!-~ will 

not exceeif31 knot8: Whiie the llJi Phantom 3 is ·capable Of Operating 6,000 meters (approximately 

19,685 f~t) ~¥1t~~yel. Tii.oState will not operate the UAS more than 500 feet above ground level. 

All.tlights witi be Conducted in Class G airspace during daylight hours· No flights will be conducted 

will$ fi~ ,($) nautical rimes of Mailport 0£ heliport without a letter of agreement from the airport's or t~ ~ l t t ,J; J • . '!~~ •• ..~ ... ~--~ • . . . 

heJiP9tt~srnahage~otunles$·the,~OI'l.i$~permi~by .. ,~y-iss.uedCOAr•···•:;,·. r • • · •• -~·· •• • ·• ~ ' • , .: - ~ • • • • • • • ·• ,.., ' • •· • - • · • • -· • • J • •• · • ; • • • 

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SeeExemptionNo.•13U6,;~0ocketN0!.~2015-'301l.'-. <·':''- ;·: ,.-, 

2 See e.g,._~ Ho/13l05iRegulatorj•DOtk'et: 'NO. fAA:.201s.-2916'' ·;. '• .;' u~ · -

3 Numerous uemptions have been cranted for OJl Phantoms, including Phantom 3s. 

100 Jericho Quad~~ngl~, S~ite i.2;4;'Je~~h9~ ,~j ~.?;_3,~ii;2,~ Pb~~~; (516) 68L-9~QD,.• :('H8) f595·.,00:?'6- nvww.800joinnow.com 

F~x Numbe~s -~ A~to • (516) ~7,~46_96,·~Home .,(516} 802~5859 • ·Claims··· (516) 681-9766 

: ·.! ; _ .. • ~-. :· ·.• . . .. . . ,_ ~ 
To further ensure the safety of the UAS operations. Tri-State will perform each flight within tbe 

visual line of siJbt of the PIC and visual observer. The PIC and visual observer will be able to 

communicate verbally at all times. Tbe PIC will perfonn a pre-flight mspection of the UAS m accordance 

with the DJI-provided operation manual. 

Such an operation, conducted by a license PIC with the assistance of a visual observer. is 

significantly safer than a traditional maamed aircraft oper$ion. Not only is the aircraft sjgaificantly 

smaller than a manned aircraft, it. will not carry crew or flammable fuel. 

As per the DJ.I Phantom 3 useunanuat, the operating frequency is 2.400 OHJ-2.483 GHz and . 

the camera sensor is a Sony BXMOR. l/2.3", effective pixels: 12.4 M (total pixel&: 12.76 M). The DJI 

Phantom 3 complies .with part 15 of the FCC RuleS. Operation is subject to the foBowing two conditions: 

1. This ~vice may~ carise~l interferenCe 

2. This device must a(:cepr any inteiference received, iacluding interference that may cause 

undesired operation~ · 

m. ThePIC 

Tri-State intends to employ Bryan M. Vaughan, who holds a Recreational Pilot's License and a 

valid U.S. driver license, to perfonn the UAS operations. Moreover, Mr. Vaughan received bis associate 

degree in applied science, Air Traffic Control, and is well-qualified to understand the importance of 

safely operating UAS in the NAS. However, in the event Mr. Vaughan is not capable or available to 

perfonn an operatiOn ~or any reason, Tii.State may employ another duly licensed pilof io act a PIC. 

Before the PIC performs any operation, Tri-State will ensure that slhe has at least five (5) hours 

of flight time on the DJI Phantom 3 in a secure area outside NAS. 

At all times, the PIC will be assisted by a visual observer, who will provide support and 

situational awareness as needed. 

IV. UAS~ 

Tri~State ·win use the DJI Phantom 3 to conduct aerial inspections and photography of properties 

that allegedly have been damaged. The purpose will be to ascertain the extent of the damage, if any, and 

to perform related analytics. 

The operations will be restricted to the discrete area above and immediately surrounding the 

owner's property and will only be conducted with the owner's permission. Before any operation is 

conducted, the PIC will inspect the area to ensure that there are no obstructions that could threaten the 

safe operation of the UAS. 

Given the extremely small size of the DJI Phantom 3, the restrictiolls on the operations of the 

UAS detailed in Section m above, and the limited area in which any given UAS operation will be 

conducted, Tri-State's proposed operations present little, if any, threat to the operation of manned aircraft 

in the NAS. There can be no doubt that the operations are at least as safe, if not substantially safer, than 

the operation of traditional manned aircraft. Further, using UAS to perform the roof inspections ensures 

that an inspector does not have to physically climb onto a roof to survey the extent of any damage, an 

inherently dangerous activity. 
V. Specific Regulations for Which Exemption is Sought 

Tri..State seeks an exemption from each of the following replations: 

• 14 CFR Part 21, Subpart H (CertifiCation procedures for products and parts, 

Airworthilless Certificates) 

• 14 CFR § 61.3 (Req~nt for certificates, ratings and authorizations) 

• 14CFR f 9l.l03(b)(2) (Prdiijht action) 

·• t4CFR. § 91.105 (Flight crewm.embers at stations) 

• 14 CPR§ 91.109 (Flight instruction; simulated instrument tlipt and certain test flights) 

• 14 CFR.t9l.H9 (Minimunuafe altitudes: Oenetal) 

• 14CPR § 91.121 (Altimetersettinp) 

• 14 CPR f 91.151 (Fuel requiremelltS for tlipt ill VFR conditions) 

• 14CFR § 91.405 (Maintenance required) 

• 14 CPR§ 91.4f17 (Operation after maintenance, preventative maintenance, rebuildhtJ, or 

alteration) 

• 14 CPR § 91.409 (Inspections) 

• 14 CFR § 91.417 (Maintenance records) 

VI. Conclusion 

Please do not hesitate to contact me at (516) 837-8890 if you have any questions about this 

petition. Thank you for your time and attention to this matter.