Mark E. McKinnon Mark.McKinnon@dentons.com

D 703.336.8708

Dentons US LLP

1676 International Drive • Penthouse

McLean, VA 22102

United States

T 703.336.8800

F 703.336.8750

Salans FMC SNR Denton

McKenna Long

dentons.com

July 24, 2015

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington DC 20590

Re: Petition of Acuity Mutual Insurance Company for Grant of Exemption Pursuant 

to Section 333 of the FAA Modernization and Reform Act of 2012

To Whom it May Concern:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (Reform 

Act) and 14 C.F.R. Part 11, Acuity Mutual Insurance Company (Acuity) hereby applies for a 

Grant of Exemption from the Federal Aviation Regulations (FARs) identified below, to operate 

small unmanned aerial vehicles (i.e., small unmanned aircraft systems or UAS) for the purpose 

of conducting aerial data collection and video production in support of its insurance activities. In 

particular, Acuity seeks permission to operate the DJI Phantom family of vehicles, including the 

Phantom 2 Vision 2+ and Phantom III, as well as the Precision Hawk Lancaster. Acuity

respectfully submits that this Petition for Exemption qualifies for expedited approval, as the 

Federal Aviation Administration (FAA) has previously issued grants of exemption in 

circumstances similar in all material respects to those presented herein. 

In addition to this Petition for Exemption, Acuity will also submit the following operating 

documents under separate cover:

 Acuity Operations Manual 

Acuity submits this manual as confidential documents under separate cover pursuant to 

14 C.F.R. § 11.35(b), as the manual contains confidential commercial and proprietary 

information that is not generally made available to the public. As a result, the information is also 

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

For your convenience, this Petition is organized as follows:
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TABLE OF CONTENTS

Page

I. BACKGROUND & DESCRIPTION OF PETITIONER ....................................................................3

II. DESCRIPTION OF PROPOSED OPERATION...............................................................................3

III. RELEVANT STATUTORY AUTHORITY ....................................................................................4

IV. ACUITY'S PROPOSED UAS OPERATIONS MEET THE REQUIREMENTS OF SECTION 

333 OF THE REFORM ACT......................................................................................................4

A. Approval is Warranted Based on the UAS's Size, Weight, Speed, and 

Operational Capability.............................................................................................4

B. Approval is Warranted Based on the Operational Restrictions in 

ACUITY's Operating Documents............................................................................5

V. REGULATIONS FROM WHICH EXEMPTION IS SOUGHT...........................................................5

A. 91.9(c), 45.23(b) and 45.27(a): Aircraft Marking and Identification 

Requirements ...........................................................................................................6

B. 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2); 91.417(a) and (b): 

Maintenance Inspections..........................................................................................7

C. 61.23(a) and (c), 61.113, 61.101(e)(4) and (5), 61.315: Private, 

Recreational and Sport Pilot Medical Certificate, Privileges and 

Limitations...............................................................................................................8

D. 91.7(a): Civil Aircraft Airworthiness.......................................................................8

E. 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft and 91.203(a) and 

(b): Carrying Civil Aircraft Certification and Registration .....................................9

F. 91.103: Preflight Action.........................................................................................10

G. 91.109(a): Flight Instruction ..................................................................................10

H. 91.119(c): Minimum Safe Altitudes Over Other Than Congested Areas..............11

I. 91.121: Altimeter Settings.....................................................................................11

J. 91.151(a): Fuel Requirements for Flight in VFR Conditions................................12

VI. DRUG AND ALCOHOL PROGRAM.........................................................................................13

VII. PUBLIC INTEREST................................................................................................................13

VIII. PRIVACY .............................................................................................................................13

IX. FEDERAL REGISTER SUMMARY...........................................................................................13

X. CONCLUSION.......................................................................................................................13
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I. BACKGROUND & DESCRIPTION OF PETITIONER

In business since 1925, Acuity is one of the largest insurers in the nation and manages 

over $3 billion in assets. Acuity writes a broad spectrum of property and casualty coverages for 

families and businesses in nearly half of the United States. Acuity has an award winning claims 

service that is consistently rated at a very high level. 

In accordance with 14 C.F.R. § 11.81(a), Acuity provides the following information in 

support of its Petition for Exemption. 

The contact information for Petitioner is as follows:

Melissa R. Winter 

2800 S. Taylor Drive 

Sheboygan, WI 53081 

melissa.winter@acuity.com

II. DESCRIPTION OF PROPOSED OPERATION

Acuity seeks an exemption pursuant to Section 333 of the Reform Act to use the DJI 

Phantom series of UAS and the Precision Hawk Lancaster for aerial data collection and video 

production in support of its insurance business. 

 

Acuity is committed to maintaining the highest standards of flight safety. All UAS 

operations will be performed in accordance with the accompanying Acuity operating documents, 

and in accordance with the requirements of an applicable Certificate of Authorization ("COA"). 

Among other things, and as detailed in the operating documents, all UAS operations will occur 

in uncontrolled airspace, within visual line-of-sight (VLOS) of the pilot and visual observer, and 

will be limited to daytime VFR conditions. Moreover, Acuity's operating documents incorporate 

redundant safeguards to enhance safety.

The proposed operations in this Petition for Exemption are not new or novel to the FAA. 

The FAA has previously issued grants of exemption to use small UAS for aerial data collection 

in support of similar inspection, survey and aerial imaging activities: See e.g., 

Exemption No. 11273 to AIG for insurance underwriting and inspection (Docket No. 

FAA-2014-0913);

Exemption No. 11293 to Erie Insurance for insurance underwriting and claims 

adjustment (Docket No. FAA-2014-0692).

The low-risk UAS operations proposed by Acuity in this Petition for Exemption fall 

squarely within the category of aerial data collection that has been subject to previous approval. 
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III. RELEVANT STATUTORY AUTHORITY

This Petition for Exemption is submitted pursuant to Section 333(a) through (c) of the 

Reform Act. Congress has directed the FAA "to safely accelerate the integration of civil 

unmanned aircraft systems into the national airspace system." Pursuant to Section 333 of the 

Reform Act, the FAA Administrator is to permit unmanned aircraft systems to operate in the 

NAS where it is safe to do so based on the following considerations:

 The UAS's size, weight, speed and operational capability;

 Operation of the UAS in close proximity to airports and populated areas; and

 Operation of the UAS within the visual line of sight of the operator.

Additionally, the FAA Administrator has general authority to grant exemptions from the 

agency's safety regulations and minimum standards when the Administrator decides a requested 

exemption is in the public interest. See 49 U.S.C. § 106(f) (defining the authority of the 

Administrator); 49 U.S.C. § 44701(f) (permitting exemptions from §§ 44701(a), (b) and 

§§ 44702 – 44716, et seq.). A party requesting an exemption must explain the reasons why the 

exemption: (1) would benefit the public as a whole, and (2) would not adversely affect safety (or 

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

(petitions for exemption).

IV. ACUITY'S PROPOSED UAS OPERATIONS MEET THE REQUIREMENTS OF SECTION 333

OF THE REFORM ACT

Acuity's proposed operations in this Petition for Exemption qualify for expedited 

approval under Section 333 of the Reform Act, as each of the statutory criteria and relevant 

factors are satisfied and the FAA has previously issued grants of exemption in circumstances 

similar to those presented in this Petition for Exemption.

A. Approval is Warranted Based on the UAS's Size, Weight, Speed, and 

Operational Capability 

The DJI Phantom series of vehicles, including the Phantom II Vision+, and Phantom III 

all meet the requirements of Section 333 of the Reform Act due to their weight, speed and 

operational capabilities. They are battery operated aircraft with a gross take-off weight of under 

5 pounds. They have maximum speeds of under 30 knots, and a maximum rate of climb of 5 

meters per second. The largest of the vehicles have a span of under .6 meters. 

The vehicles employ geofencing as well as automatic systems for responding to a lost 

link or loss of positive control, including a return to home feature. The FAA has already ruled 

that the DJI Phantom series meets all of the criteria set forth in Section 333 of the FAA 

Modernization and Reform Act of 2012. See, Exemption No. 11860, Docket No. FAA-2015-

1127. Therefore, based on the foregoing, Acuity requests permission to operate the DJI Phantom

II Vision+, and III.
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In addition, Acuity seeks permission to operate the Precision Hawk Lancaster. The 

Lancaster is a fixed wing aircraft with a wingspan of 4.9 ft, and an overall length of 2.6 ft. It is 

constructed of styrofoam, fiberglass and composite material. It utilizes state-of-the-art safety 

features including a return to home function in the event of a communications failure. The FAA 

has ruled that the Lancaster meets all of the requirements to be safely operated under a Section 

333 Exemption. See, Exemption No. 11273, Docket No. FAA-2014-0913. Accordingly, the 

requested exemption should be granted.

B. Approval is Warranted Based on the Operational Restrictions in Acuity's

Operating Documents 

The operating documents for the selected UAS contain all the procedures and limitations 

necessary to safely and successfully perform the proposed operations. To expedite the FAA's safety 

assessment of Acuity's proposed UAS operations, Acuity has tailored its operating documents to 

comply with the conditions and limitations imposed on similarly situated petitioners seeking to use 

small UAS for aerial data collection. See e.g., Grant of Exemption No. 11761 issued to Dronair 

Solutions, Docket No. FAA-2015-0648. In particular, the operating documents contain systems and 

procedures to permit Acuity to comply with the conditions and limitations in the FAA's Grant of 

Exemption. Id. 

V. REGULATIONS FROM WHICH EXEMPTION IS SOUGHT

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. 

This statutory authority, by its terms, includes exempting civil aircraft, as the term is defined 

under § 40101 of the Act, including UAS, from its safety regulations and minimum standards 

when the Administrator decides a requested exemption is in the public interest.1

Acuity seeks an exemption from several interrelated provisions of 14 C.F.R. Parts 45, 61 

and 91 for purposes of conducting the requested operations using small UAS, including:

FAR Description

91.9(c); 45.23(b) and 

45.27(a)

Aircraft Marking and Identification Requirements

91.405(a); 91.407(a)(1); 

91.409(a)(1) and (2); 

91.417(a) and (b) 

Maintenance and Inspection Requirements 

61.23(a) and (c); 61.113; Private, Recreational and Sport Pilot Medical Certificate

 

1

See 49 U.S.C. § 44701(f) (authorizing the grant of exemptions from requirements of regulations prescribed 

pursuant to Sections 44701(a) and (b) and Sections 44702 - 44716).
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61.101(e)(4) and (5); 61.315 Privileges and Limitations

91.7(a) Civil Aircraft Airworthiness

91.9(b)(2); 91.203(a) and 

(b)

Carrying Aircraft Flight Manual, Certification and Registration in 

the Aircraft 

91.103 Preflight Action

91.109(a) Flight Instruction

91.119(c) Minimum Safe Altitudes Over Other than Congested Areas

91.121 Altimeter Settings

91.151(a) Fuel Requirements for Flight in VFR Conditions 

Listed below are the specific sections of 14 C.F.R. for which an exemption is sought, and 

the operating procedures and safeguards that Petitioner has established which will ensure a level 

of safety better than or equal to the rules from which exemption is sought.2

A. 91.9(c), 45.23(b) and 45.27(a): Aircraft Marking and Identification 

Requirements

Acuity seeks an exemption from the aircraft marking and identification requirements 

contained in 14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a).

● 14 C.F.R. § 91.9(c), Civil Aircraft Flight Manual, Marking and Placard Requirements, 

provides that:

No person may operate a U.S.-registered civil aircraft unless that aircraft is identified 

in accordance with Part 45 of this chapter.

● 14 C.F.R. § 45.23(b), Markings of the Aircraft, states:

When marks include only the Roman capital letter "N" and the registration number is 

displayed on limited, restricted or light-sport category aircraft or experimental or 

provisionally certificated aircraft, the operator must also display on that aircraft near each 

 

2

See 14 C.F.R. § 11.81(e), which requires a petition for exemption to include:

The reasons why granting the exemption would not adversely affect safety, or how the exemption would 

provide a level of safety at least equal to that provided by the rule from which you seek exemption.
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entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor more 

than 6 inches high, the words "limited," "restricted," "light-sport, "experimental," or 

"provisional," as applicable.

● 14 C.F.R. § 45.27(a), Rotorcraft, states:

Each operator of a rotorcraft must display on that rotorcraft horizontally on both 

surfaces of the cabin, fuselage, boom, or tail the marks required by § 45.23.

In prior grants of exemption under Section 333 of the Reform Act, the FAA determined 

that exemption from these requirements was warranted provided that the aircraft "have 

identification (N-Number) markings in accordance with 14 C.F.R Part 45, Subpart C if the 

markings are as large as practicable."3 All UAS flown by Acuity will bear N-number markings 

that are as large as practicable in accordance with 14 C.F.R. Part 45, Subpart C.4 

B. 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2); 91.417(a) and (b): Maintenance 

Inspections

Acuity seeks an exemption from the maintenance inspection requirements contained in 

14 C.F.R. § 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2); 91.417(a) and (b). These regulations 

specify maintenance and inspection standards in reference to 14 C.F.R. Part 43.5 An exemption 

from these regulations is needed because Part 43 and these sections only apply to aircraft with an 

airworthiness certificate, which the UAS to be operated under this grant of exemption will not 

have. 

An equivalent level of safety will be achieved because maintenance and inspections will 

be performed in accordance with the operating documents and any required manufacturer Safety 

or Service Bulletins. Further, as required by the operating documents, the Pilot in Command 

(PIC) will conduct a pre-flight inspection of the UAS and all associated equipment to account for 

all discrepancies and/or inoperable components. Maintenance will be performed and verified to 

address any conditions potentially affecting safe operation of the UAS and no flights will occur 

unless, and until, all flight critical components of the UAS have been found to be airworthy and 

in a condition safe for operation. A functional test flight will be conducted following the 

replacement of any flight-critical components. As required by the operating documents, the PIC 

who conducts the functional test flight will make an entry in the UAS aircraft records of the 

flight. 

 

3

FAA Docket No. FAA-2014-0352.

4

See, e.g., FAA Docket No. FAA-2014-0352, at 14. 

5

See, e.g., 14 C.F.R. § 91.405(a) (stating that each owner or operator of an aircraft "[s]hall have the aircraft 

inspected as prescribed in subpart E of this part and shall between required inspections ...have discrepancies 

repaired as prescribed in part 43 of this chapter.").
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The operating documents also include requirements to follow the UAS manufacturer’s 

maintenance, overhaul, replacement, inspection, and life limit requirements for the aircraft and 

aircraft components. Moreover, the operating documents also include procedures to document 

and maintain a record of the UAS maintenance, preventative maintenance, alterations, status of 

replacement/overhaul component parts, and the total time in service of Petitioner's UAS. As a 

whole, the maintenance and inspection procedures required by Petitioner's operating documents 

ensure that an equivalent or higher level of safety will be achieved.

C. 61.23(a) and (c), 61.113, 61.101(e)(4) and (5), 61.315: Private, Recreational 

and Sport Pilot Medical Certificate, Privileges and Limitations

Acuity seeks exemption from these sections, which restricts private, recreational or sport 

pilot certificate holders from flying aircraft for compensation or hire, and would also require a 

Class II Medical Certificate. The purpose of Part 61 is to ensure that the skill and competency of 

any PIC matches the airspace in which the PIC will be operating, as well as requiring 

certifications if the private pilot is carrying passengers or cargo for hire. In this case, while the 

UAS will be operated as part of a commercial operation, it carries neither passengers nor cargo. 

In the Grant of Exemption No. 11062 to Astraeus Aerial6, the FAA determined that the 

unique characteristics of UAS operation outside of controlled airspace did not warrant the 

additional cost and restrictions attendant with requiring the PIC to have a Commercial Pilot 

Certificate and Class II Medical Certificate. The fulfillment of the additional requirements for a 

private pilot to become qualified as a commercial pilot would not lead to any additional safety 

benefits when UAS operations are involved. 

More recently, the FAA determined that holders of recreational and sport pilot 

certificates would also have adequate aeronautical knowledge to pilot a UAS. Accordingly, 

because these individuals would also be subject to security screening by the Department of 

Homeland Security (DHS), the FAA determined that holders of recreational and sport pilot 

certificates would be qualified to serve as the PIC for UAS operations.7 

D. 91.7(a): Civil Aircraft Airworthiness

Inasmuch as there will be no airworthiness certificate issued for the UAS, Acuity seeks 

an exemption from 14 C.F.R. § 91.7(a), which requires that a civil aircraft be in an airworthy 

condition to be operated. While Petitioner’s UAS will not have an airworthiness certificate, the 

FAA has determined that for the purposes of this exemption the pilot may determine the aircraft 

is in an airworthy condition prior to flight. The operating documents contain procedures, which 

allow the PIC to determine whether the aircraft is in a condition safe for flight, and an exemption 

from § 91.7(a) is therefore warranted. 

 

6

FAA Docket No. FAA-2014-0352.

7

See Grant of Exemption No. 11213 to Aeryon Labs, Inc. (Docket No. FAA-2014-0642 at pgs. 8-9).
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E. 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft and 91.203(a) and 

(b): Carrying Civil Aircraft Certification and Registration

Title 14 C.F.R. § 91.9(b)(2) and § 91.203(a) and (b) require the operator to carry 

airworthiness documents and other aircraft manuals onboard the aircraft.

Pursuant to 14 C.F.R. § 91.9(b)(2):

(b) No person may operate a U.S.-registered civil aircraft –

...

(2) For which an Airplane or Rotorcraft Flight Manual is required by § 21.5 of this 

chapter, unless there is available in the aircraft a current approved Airplane or 

Rotorcraft Flight Manual, approved manual material, markings, and placards, or any 

combination thereof.

Pursuant to 14 C.F.R. § 91.203(a) and (b):

(a) Except as provided in § 91.715, no person may operate a civil aircraft unless it 

has within it the following:

(1) An appropriate and current airworthiness certificate...

(b) No person may operate a civil aircraft unless the airworthiness certificate required 

by paragraph (a) of this section or a special flight authorization issued under § 91.715 

is displayed at the cabin or cockpit entrance so that it is legible to passengers or crew.

Given the small size and configuration of the UAS, it would be impossible to keep 

airworthiness documents and other aircraft manuals on board the UAS because there is simply no 

room and the UAS has no cabin or cockpit. 

In an FAA Office of Chief Counsel's Opinion dated August 8, 2014, and prepared by 

Dean E. Griffith, Attorney, AGC-220, it was acknowledged that the intent of 14 C.F.R. 91.9(b) 

and 91.203(a) and (b) is met if the pilot of the unmanned aircraft has access to the UAS flight 

manual, registration certificate, and other required documents from the ground control station 

from which he or she is operating the aircraft.8 As this FAA Office of Chief Counsel Opinion 

clarifies, the intent of the rule is to ensure the pilot has access to these key documents during 

 

8 Memorandum from Mark Bury, FAA Assistant Chief Counsel for International Law, Legislation and Regulation, to 

John Duncan, FAA Flight Standards Service (Aug. 8, 2014); see also Docket No. FAA-2014-0352 at 16-18.
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flight. Therefore, an equivalent level of safety will be achieved by ensuring that the pilot has 

access to the documents at the ground control station from which he or she is piloting the UAS.9 

F. 91.103: Preflight Action

Petitioner seeks an exemption from 14 C.F.R. § 91.103, which requires a PIC to become 

familiar with specific information before each flight, including information contained in the 

FAA-approved Flight Manual on board the aircraft. While the PIC will be familiar with all 

information necessary to safely conduct the flight, an exemption is requested to the extent that an 

FAA-approved Flight Manual is required.

Adherence to the requirements in the operating documents will ensure that the UAS is in 

an airworthy condition prior to flight. The PIC will perform a series of checklists designed to 

identify any defects or inoperable components, which cover pre-flight, take-off, landing and 

post-flight procedures. The PIC will also be required to review weather, flight requirements, 

battery charge, landing and takeoff distance, UA performance data, and contingency landing 

areas—before initiation of flight. Petitioner's operating documents will be kept at the ground

control station and will be accessible to the PIC at all times while operating the UAS.

G. 91.109(a): Flight Instruction

Petitioner seeks an exemption from 14 C.F.R. § 91.109(a), which provides in pertinent 

part that "[n]o person may operate a civil aircraft (except a manned free balloon) that is being 

used for flight instruction unless that aircraft has fully functioning dual controls." UAS and 

remotely piloted aircraft, by their design, do not have functional dual controls. Instead, flight 

control is accomplished through the use of a device that communicates with the aircraft via radio 

communications. Accordingly, an exemption will be required for the flight instruction 

requirements of 14 C.F.R. § 91.109(a). 

Given the size and speed of the UAS that Petitioner intends to use, an equivalent level of 

safe training can still be achieved without dual controls because no pilot or passengers are aboard 

the UAS, and as required by the operating documents, all persons will be a safe distance away in 

the event that the UAS experiences any difficulties during flight instruction. Moreover, all flight 

training will be conducted in controlled and sterile environment. As a whole, the procedures 

provided for in the operating documents ensure that UAS flight instruction can be performed 

safely.

 

9

See also Exemption No. 11213 to Aeryon Labs, Inc. at pg. 11:

The petitioner requested relief from 14 CFR § 91.9(b)(2): Civil aircraft flight manual, marking, and 

placard requirements and § 91.203(a) and (b): Civil aircraft: Certifications required. The FAA has 

previously determined that relief from these sections is not necessary. See Exemption No. 11062. 

Relevant materials may be kept in a location accessible to the PIC in compliance with the regulations.
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H. 91.119(c): Minimum Safe Altitudes Over Other Than Congested Areas

Acuity requests an exemption from the minimum safe altitude requirements of 14 C.F.R. 

§ 91.119(c).10 Section 91.119 prescribes the minimum safe altitudes under which aircraft may 

not operate, including 500 feet above the surface and away from any person, vessel, vehicle, or 

structure in non-congested areas. See 14 C.F.R. § 91.119(c). 

An exemption is required because the proposed UAS operations will normally need to 

occur below 400 feet AGL. Additionally, due to the nature of the proposed operations, the PIC 

and/or Observers may need to be less than 500 feet away from the UAS. Compared to flight 

operations with rotorcraft weighing far more than the maximum weights proposed herein, and 

given the lack of flammable fuel with the UAS, any risk associated with these operations is far 

less than those that presently exist with conventional aircraft. 

An equivalent level of safety will be achieved given the size, weight, and speed of the 

UAS, as well the controlled location where the operations will occur. In order to avoid any risk 

to manned aircraft, flight operations will be restricted to below 400 feet AGL. As set forth in the 

operating documents, the UAS will be operated in a controlled environment, and all flights will 

occur at a lateral distance of at least 500 feet from nonparticipating persons, unless that person is 

in a position where he or she is shielded from the UAS and any possible debris resulting from 

UAS failure. Procedures will be in place to ensure flight operations can be safely terminated if a 

nonparticipating person within 500 feet of the UAS leaves a shielded position. Further, UAS 

operations will occur at least 500 feet away from vehicles or structures unless the property 

owner/controller has granted permission and the PIC has made a safety assessment of the risk of 

operating closer to those objects, and operations near the PIC or Observer will not present an 

undue hazard per § 91.119(a). Adherence to these restrictions in Acuity's operating documents 

will ensure the proposed operations can be conducted without compromising safety to persons or 

property on the ground. 

I. 91.121: Altimeter Settings

To the extent necessary for Acuity to conduct the proposed operations, Petitioner requests 

an exemption from 14 C.F.R. § 91.121, which requires a person operating an aircraft to maintain 

cruising altitude or flight level by reference to an altimeter that is set to the elevation of the 

departure airport or barometric pressure. 

The FAA has stated that an equivalent level of safety to the requirements of 14 C.F.R. § 

91.121 can be achieved in circumstances where: (1) the UAS will be operated 400 feet AGL or 

 

10 Relief from § 91.119(a) will not be necessary because Petitioner will be able to perform an emergency 

landing without undue hazard to persons or property on the ground in the event of a failure. Petitioner's proposed 

UAS operations will not occur over congested areas, and therefore an exemption from § 91.119(b) will not be 

necessary. See e.g., Grant of Exemption No. 11157 to Slugwear, Inc., dba Likeonatree Aerial at pg. 15 (Docket No. 

FAA-2014-0534 ).
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below, (2) within VLOS, (3) where GPS based altitude information is relayed in real time to the 

operator at a ground-based on-screen display and, (4) where prior to each flight, a zero altitude 

initiation point is established for the PIC to confirm accuracy of the onboard GPS.

The UAS that Petitioner intends to use for performing the proposed operations meet all 

these operational characteristics. Moreover, the operating documents require the PIC to calibrate 

the aircraft's GPS compass prior to each flight operation. As the FAA has determined in 

circumstances similar to this Petition for Exemption, Petitioner's UAS and the safety mitigation 

procedures contained in the operating documents, ensure that an equivalent level of safety will 

be achieved, and a grant of exemption to the requirements of § 191.121 is therefore appropriate.

J. 91.151(a): Fuel Requirements for Flight in VFR Conditions

Acuity requests an exemption from 14 C.F.R. § 91.151(a)'s fuel requirements for flight in 

Visual Flight Rules (VFR) conditions. Section 91.151 states:

(a) No person may begin 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.

Here, the technological limitations on UAS battery power means that no meaningful 

flight operations can be conducted while still maintaining a 30-minute battery reserve. An 

exemption from the fuel requirements of 14 C.F.R. § 91.151(a) is therefore required. 

The FAA has previously granted relief from the fuel requirements of § 91.151(a) for 

flight in daytime VFR conditions in circumstances similar to those presented in this Petition for 

Exemption.11 In Exemption No. 11213 to Aeryon Labs, Inc.12, the FAA determined that a 

requirements prohibiting the PIC from beginning a UAS flight unless (considering wind and 

forecast weather conditions) there was enough available power for UAS to operate for the 

intended operational time and to operate after that for at least five minutes or with the reserve 

power recommended by the manufacturer if greater, would ensure an equivalent level of safety 

to the fuel requirements of § 91.151(a).13 Petitioner's operating documents impose this same 

requirements and an exemption from § 91.151(a)'s fuel requirements for flight in VFR conditions 

is therefore appropriate. 

 

11 See e.g., Exemption Nos. 8811, 10808, and 10673.

12 Docket No. FAA-2014-0642.

13 Exemption No. 11213 at pg. 12.
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VI. DRUG AND ALCOHOL PROGRAM

Acuity has established policies to ensure that no person may participate in UAS flight

operations if they are under the influence of alcohol or any drug. 

VII. PUBLIC INTEREST

The public interest will be served by granting Acuity's Petition for Exemption. Congress 

has established a national policy that favors early integration of UAS into the National Air Space 

(NAS) in controlled, safe working environments such as those proposed in this Petition. Granting 

this Petition for Exemption helps fulfill Congress' goal in passing Section 333(a) through (c) of 

the Reform Act—the FAA Administrator's assessment of whether certain UAS may operate 

safely in the NAS before completion of the statutorily required rulemaking. 

The proposed UAS operations in this Petition for Exemption significantly improve safety 

and reduce risk by alleviating the public's exposure to danger associated with traditional aerial 

data collection methods, namely, full size fixed-wing aircraft and rotorcraft. The UAS that 

Acuity intends to use are light weight, are battery powered, and create no emissions. Moreover, 

in the unlikely event that one of Petitioner's UAS crash, there is no fuel to ignite and explode. 

Any accident involving Petitioner's small lightweight UAS will present significantly less danger 

to the pilot and other individuals on the ground than one involving a full size helicopter. 

VIII. PRIVACY

The proposed operations will be conducted in accordance with applicable federal, state, 

or local laws regarding privacy. Acuity will not conduct flight operations over property that it 

does not own or control without the prior consent and knowledge of the property owner. 

IX. FEDERAL REGISTER SUMMARY

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:

Petitioner seeks an exemption from the following rules in Title 14 of the Code of Federal 

Regulations:

45.23(b); 45.27(a); 61.23(a) and (c); 61.113; 61.101(e)(4) and (5); 61.315; 91.7(a); 

91.9(b)(2); 91.9(c); 91.103; 91.109(a); 91.119(b); 91.121; 91.151(a); 91.203 (a) & (b); 

91.405(a); 91.407(a)(1); 91.409(a)(1) & (2); 91.417 (a) & (b). 

The exemption will enhance safety by reducing risk to the general public and property 

owners from the substantial hazards associated with using conventional fixed-wing aircraft or 

rotorcraft for aerial data collection.

X. CONCLUSION

The proposed operations in this Petition for Exemption satisfy the criteria articulated in 

Section 333 of the Reform Act and the FAA has issued grants of exemption in circumstances 
U.S. Department of Transportation

July 24, 2015

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McKenna Long

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similar in all respects to those presented by Acuity in this Petition for Exemption. In 

consideration of the foregoing, this Petition for Exemption provides the FAA with all the 

necessary justification for granting the requested exemptions allowing Acuity to operate small 

UAS for the purpose of aerial data collection.

 

We thank you for your prompt consideration of our requested exemptions. Should you 

have any questions, or if you need additional information to support the requested exemptions, 

please do not hesitate to contact us.

Very Truly Yours, 

Mark E. McKinnon

Counsel for Acuity

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