7925 Jones Branch Drive, Suite 6200 9800 Fredericksburg Road

McLean, Virginia 22102 San Antonio, Texas 78288 

Ms. Thuy Cooper 

Senior Rulemaking Analyst 

Airspace and Airmen Rules Division-ARM 106 

Office of Rulemaking 

Federal Aviation Administration 

800 Independence Avenue SW December 19, 2014 

Washington, DC 20591 

Reference: Requested Additional Information to USAA Petition for Section 333 

Exemption- Docket No. FAA-2014-0796 

 

Dear Ms. Cooper, 

Thank you for your correspondence, dated December 5, 2014, in which you requested 

additional information regarding USAA’s petition for exemption submitted October 3, 2014 

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

USAA has identified the unmanned aircraft system as a technology which can alleviate safety 

concerns associated with manned inspections in the air and on the ground, and provide 

enhanced service and experience to our membership in a safe and efficient environment. 

Your correspondence requests us to further explain or describe the process used to determine if 

the UAS is airworthy and in safe condition for operation in the NAS and to describe the process 

used to document UAS discrepancies and the corrective action taken in the aircraft record. 

Below are our answers to this requested information. 

Regarding the process used to determine if the UAS is airworthy and in safe condition 

for operation in the NAS 

USAA proposes to operate the PrecisionHawk Lancaster HawkEye within this exemption. This 

UAS platform has gained substantial operational maturity via several FAA approved Certificates 

of Authorization allowing use within the National Air Space (NAS). It has a proven safety record 

and has demonstrated that its operations would not adversely affect safety compared to similar 

aircraft that have been issued an airworthiness certificate under 14 CFR Part 21, Subpart H. 

Given the size, weight, speed and limited operating area associated with the UAS to be utilized, 

an exemption from 14 CFR Part 21, Subpart H, subject to certain conditions and limitations 

imposed by the FAA, meets the requirements for an equivalent level of safety under 14 CFR 

and Section 333. PrecisionHawk Flight Manual, Maintenance Schedule and other training 

documents will be submitted confidentially for review. 

The PrecisionHawk Lancaster HawkEye unmanned aircraft system (UAS) to be operated under 

this exemption is a fixed-wing aircraft, weighing less than 5.5 pounds fully loaded, flies at a slow 

speed (at or below 28 mph) and carries neither a pilot nor passenger, carries no flammable 

fuels, and operates exclusively within a pre-disclosed area in a controlled environment. 

Operations under this exemption will be tightly controlled and monitored by the operator. 
Federal Aviation Administration 

December 19, 2014 

Page 2 of 4 

The provided (confidential) PrecisionHawk Lancaster HawkEye Flight Manual, Maintenance 

Schedule and training documents, serve to ensure the UAS is in a safe condition for operation. 

Furthermore, all Pilots in Command (PIC) have attended a manufacturer’s training program and 

are most familiar with the UAS and are best suited to maintain the aircraft in an airworthy 

condition. Additionally, the PrecisionHawk Lancaster HawkEye Flight Manual and Maintenance 

Schedule contain procedures for periodic inspections and replacement intervals for the airframe 

and components. 

In accordance with 14 CFR Part 91.7(b), the PIC of the UAS will be responsible for determining 

whether the aircraft is in a condition for safe flight and that the planned operation can be 

completed safely with the conditions set forth in the manufacturer’s flight manual. USAA will also 

follow the guidance of the other approved exemptions that state the UAS should remain clear 

and yield the right of way to all other manned operations at all times, operate only in visual 

meteorological conditions (VMC) and maintain the appropriate visibility and cloud clearance per 

the operational airspace requirements. 

USAA has also proposed other safety limitations and conditions that will provide an enhanced 

level of safety and will be the guiding principles when USAA is conducting operations under this 

exemption: 

• The PrecisionHawk Lancaster Hawkeye maximum take-off weight will be 5.5 

pounds. Detailed specifications are included in the confidential attachments. The 

fixed winged UAS platform that USAA is seeking to utilize through this exemption 

is currently operating safely within the national airspace pursuant to several 

COAs granted by the FAA to Texas A&M College Station and other public 

entities. One these COAs was for the use of the PrecisionHawk Lancaster 

HawkEye – the type of UAS that USAA seeks to utilize -to provide aerial imagery 

and mapping for authorities at the recent Washington state mudslides in Oso, 

WA. Other COAs have been approved for this particular platform through other 

public entities, which demonstrates the confidence that the FAA has for this 

manufacturer’s operational and safety protocol. USAA has attached the 

PrecisionHawk Lancaster’s Flight Manual, Maintenance Schedule, and training 

documents for review within this exemption application. USAA would operate in 

accordance with all of these documents. 

• All PIC and visual observers (VO) will complete FAA certified private pilot ground 

school and will have taken and passed the FAA Private Pilot Written Exam. This 

ensures that all PIC and VO have the knowledge regarding the Federal Aviation 

Regulations, Airspace, and other pertinent knowledge to conduct safe operations 

of small unmanned aircraft systems. A USAA employee with a FAA commercial 

pilot certificate and flight instructor certificate (USAA Safety Officer) that has 

been trained on UAS operations will oversee all training/operations and ensure 

all PIC and VO receive proper training and abide by all pertinent regulations. This 

employee/FAA commercial pilot will meet all the flight review requirements 

specified in 14 CFR Part 61.56 in an aircraft in which the PIC is rated on her/his 

flight certificate. All PIC and VO will be trained in detail to each of the unmanned 

aircraft system platform’s operations, systems and emergency procedures and 
Federal Aviation Administration 

December 19, 2014 

Page 3 of 4 

passed every level of training on the platform and pass the manufacturer’s test 

administered by the USAA employee/CFI (Trained by the UAS manufacturer on 

the platform). Training records will be kept at USAA for every PIC and VO and 

will be available for review. Every PIC and VO will obtain an FAA Class 2 medical 

certificate. 

• All flight operations will be operated at an altitude of no more than 400 ft above 

the ground (AGL) within daylight VFR conditions and within visual line of sight 

(VLOS) of the PIC and VO. The UAS will remain clear and yield the right of way 

to all other manned operations and activities at all times. All operations will utilize 

at least one VO and the PIC and VO will be able to communicate verbally at all 

times. All flight operations are to be conducted within Class G (uncontrolled 

airspace) and some Class E (with prior authorization). No flight operations will be 

operated within Class A, B, C or D airspace or special use airspace. Areas of 

operation will be on USAA’s secured campus in San Antonio, Texas and other 

designated remote, unpopulated areas around the San Antonio, Texas area 

within Class G airspace. These areas are located a sufficient distance from any 

airport, heliport, military base or other location with aviation activity. All flights will 

be communicated to FAA Flight Service with posted NOTAMS prior to the 

flight(s). 

• The maximum total flight time for each flight will be 90 minutes or less in duration. 

All flight operations will be terminated when the aircraft has less than 20% battery 

life remaining. 

• Flight operations and safety briefings will be conducted prior to all planned small 

unmanned aircraft system flights and will be mandatory for PIC and VO. Briefings 

will include weather reviews, take off, landing and aircraft performance data for 

those real time conditions, and full pre- and post-flight inspections/checklists and 

briefings for each specific unmanned aircraft system, including the ground control 

station being operated and account for any discrepancies (i.e. inoperable 

components, items or equipment that are not covered in the relevant preflight 

inspection sections of the operations manual.) Before conducting any flight, the 

radio frequency spectrum used for the operation and control of the UAS will 

comply with the FCC or other appropriate government oversight agency 

requirements. 

• In the event of a communication lost link, the UAS will return to a specific 

predetermined location and once the UAS is safely recovered, all flight operations 

will cease until any communication/data link issues are properly resolved. The 

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

accordance with the operator’s manual. 

• Any incident, accident or flight operation that transgresses the later 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 hrs. Accidents will 

be reported to the National Transportation Safety Board (NTSB) per instructions 
Federal Aviation Administration 

December 19, 2014 

Page 4 of 4 

contained on the NTSB Website: www.ntsb.com. USAA will suspend all flight 

operations until the incident, accident, or transgression is reviewed by AFS-80 and 

authorization to resume operations is provided. 

Describe the process used to document UAS discrepancies and the corrective action 

taken in the aircraft record 

In accordance with 14 CFR Part 91.405, 91.407, 91.409, and 91.417, USAA seeks relief from 

these regulations and requests an exemption. USAA will follow all UAS manufacturer 

requirements regarding maintenance via the (confidential) manufacturer maintenance schedule. 

USAA will document all maintenance, overhaul, replacement and inspection requirements, as 

well as any preflight inspection procedures that account for discrepancies not already covered in 

the manufacturer’s manual; documentation of maintenance records and will partner with the 

UAS manufacturer to develop UAS technician qualification criteria. 

A USAA-approved UAS technician or the UAS manufacturer will approve the UAS to return to 

service/operation after it has undergone maintenance, rebuilding or alternation. The UAS PIC 

may approve the UAS for return to service after performing any preventive maintenance. USAA 

will keep UAS maintenance records that contain the following information: name of the person 

performing the maintenance, description of work performed, and date of work 

completion/returned to service. All maintenance, preventive maintenance, alterations, status of 

replacement/overhaul component parts, and the total time in service of the UAS will be recorded 

and documented in the UAS aircraft records. USAA will comply with all manufacturer safety 

bulletins. 

Allowing USAA this exemption would give USAA the ability to continue our UAS research and 

development beyond the limits imposed today. Additional testing would benefit not only USAA 

and its membership, but would serve as a partnership with the FAA and others within the UAS 

community to advance this new and emerging technology in a safe and controlled environment. 

Sincerely, 

 

Greg Cirillo 

Wiley Rein LLP 

Counsel for USAA 

 

Michael Burns 

Michael Burns 

Assistant Vice President 

USAA