Mark E. McKinnon Mark.McKinnon@dentons.com

D 70 3.336.8708

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 28 , 2015

U.S. Department of Transportation
Docket Management System
1200 New Jersey Ave., SE
Washington DC 20590

Re: Petition of SECURA Insurance Companies for Grant of Exemption Pursuant to

Section 333 of the FAA Modernization and Reform Act of 2 012

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, SECURA Insurance Companies (" SECURA ") hereby applies for a Grant of Exemption from the Federal Aviation Regulations (FA Rs) identified below, to operate small unmanned aerial vehicles ( i.e., small unmanned aircraft systems or UAS) for the purpose of conducting aerial data collection in support of its insurance activities

. In particular, SECURA seeks permission to operate t he DJI Phantom series of vehicles

. SECURA 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

materi al respects to those presented herein.

In addition to this Petition for Exemption, SECURA will also submit the following operating documents under separate cover:

 SECURA Operations Manual

SECURA submits this manual as a confidential document under se parate cover pursuant to 14 C.F.R. § 11.35(b), as it 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 Informati on Act, 5 U.S.C. § 552 et seq.

For your convenience, this Petition is organized as follows:U.S. Department of Transportation July 28, 2015 Page 2 Salans FMC SNR Denton
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T ABLE OF C ONTENTS

Page

I. B ACKGROUND & D ESCRIPTION OF P ETITIONER

................................ ................................ .... 3

II. D ESCRIPTION OF P ROPOSED O PERATION

................................ ................................ ............... 3

III. R ELEVANT S TATUTORY A UTHORITY

................................ ................................ .................... 4

IV. SECURA ' S P ROPOSED UAS O PERATIONS M EET THE R EQUIREMENTS OF S ECTION
333 OF THE R EFORM A CT

................................ ................................ ................................ ...... 4

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

................................ ................................ ............................. 5

B. Approval is Warranted Based on the Operational Restrictions in

SECURA ' s Operating Documents

................................ ................................ ........... 6

V. R EGULATIONS F ROM W HICH E XEMPTION I S S OUGHT

................................ ........................... 6

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

................................ ................................ ................................ ........... 7

B. 91.405(a), 91.40 7(a)(1), 91.409(a)(1) and (2); 91.417(a) and (b): Maintenance Inspections

................................ ................................ .......................... 8

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

................................ ................................ ................................ ............... 9

D. 91.7(a): Civil Aircraft Airworthiness

................................ ................................ ....... 9

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

................................ ................................ ......................... 11

G. 91.109(a): Flight Instruction

................................ ................................ .................. 11

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

.............. 11

I. 91.121: A ltimeter Settings

................................ ................................ ..................... 12

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

................................ 13

VI. D RUG AND A LCOHOL P ROGRAM

................................ ................................ ......................... 13

VII. P UBLIC I NTEREST

................................ ................................ ................................ ................ 13

VIII. P RIVACY

................................ ................................ ................................ ............................. 14

IX. F EDERAL R EGISTER S UMMARY

................................ ................................ ........................... 14

X. C ONCLUSION

................................ ................................ ................................ ....................... 14U.S. Department of Transportation July 28, 2015 Page 3 Salans FMC SNR Denton
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I. B ACKGROUND & D ESCRIPTION OF P ETITIONER

SECURA Insurance, A Mutual Company is a regional mutu al property and casualty insurance company based in Appleton, Wisconsin and actively writing business in 12 states, primarily in the Midwest. We have one subsidiary insurer, SECURA Supreme Insurance Company. We would anticipate use of drones for research and development and training at sites owned or controlled by SECURA , and for risk management inspections, claims inspections, underwriting inspections, and catastrophe damage assessment.

In accordance with 14 C.F.R. § 11.81(a), SECURA provides the follo wing information in support of its Petition for Exemption.

The contact information for Petitioner is as follows:

Daniel P. Ferris

Vice President & General Counsel SECURA Insurance Companies (w) 920

- 830

- 4468

II. D ESCRIPTION OF P ROPOSED O PERATION

SECURA seek s an exemption pursuant to Section 333 of the Reform Act to use the DJI

Phantom series of UAS , Including the DJI Phantom II, Phantom II Vision, Phantom II Vision+,

and Phantom III for aerial data collection in support of its insurance business. For exampl e, SECURA will utilize the vehicles for underwriting, claims adjustment

, loss c ontrol, and in assessing damage after a catastrophic occurrence

.

SECURA is committed to maintaining the highest standards of flight safety. All UAS operations will be perf

ormed in accordance with the accompanying SECURA operating documents, and in accordance with the requirements of an applicable C ertificate of Authorization ("C OA ") . Among other things, and as detailed in the operating documents, all UAS operations will occ ur in uncontrolled airspace, within visual line

- of

- sight (VLOS) of the pilot and visual observer, and will be limited to daytime VFR conditions. Moreover, SECURA ' s operating documents incorporate redundant safeguards to enhance safety.

The proposed operat ions 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. 11 273 to AIG for insurance underwriting and inspection (Docket No.

FAA

- 201 4

- 0 913 );U.S. Department of Transportation July 28, 2015 Page 4 Salans FMC SNR Denton
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Exemption No. 11 293 to Erie Insurance for insurance underwriting and claims
adjustment (Docket No. FAA

- 201 4

- 06 92 );

The low

- risk UAS operations proposed by SECURA in thi s Petition for Exemption fall squarely within the category of aerial data collection that has been subject to previous approval.

III. R ELEVANT S TATUTORY A UTHORITY

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

Reform Ac t. 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 pub lic 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. SECURA ' S P ROPOSED UAS O PERATIONS M EET THE R EQUIREMENTS OF S ECTION 3 33

OF THE R EFORM A CT

SECURA '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 gran ts of exemption in circumstances similar to those presented in this Petition for Exemption.U.S. Department of Transportation July 28, 2015 Page 5 Salans FMC SNR Denton
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A. Approval is Warranted Based on the UAS's Size, Weight, Speed, and Operational Capability

The FAA is familiar with and has already determined that the following ve hicles chosen by SECURA meet the requirements of Section 333 of the Reform Act due to their weight, speed and operational capabilities: DJI Phantom series of aircraft, including the DJI Phantom 2, DJI Phantom 2 Vision, DJI Phantom 2 Vision+, and DJI Phanto m 3

. See e.g.,

 DJI Phantom 2 : Exemption No. 11315 to The Climate Corporation and Precision Planting, LLC; Exemption No. 11784 to Precision Unmanned Aerial LLC; Exemption No. 11785 to CinemaCapture Videography; Exemption No. 11786 to Tabitha Femmer; Exemp tion No. 11767 to Brett Baker; Exemption No. 11770 to Crosstimbers Video

Partners LLC

 DJI Phantom 2 Vision : Exemption No. 11768 to Copper City Aviation Services LLC; Exemption No. 11267 to ETAK Systems Inc.; Exemption No. 11310 to Colin Hinkle; Exemption No. 11624 to Vertical Information Services Inc.; Exemption No. 11556 to Sydor Aerial Photography, LLC

 DJI Phantom 2 Vision+: Exemption No. 11224 to NextEra Energy, Inc.; Exemption No. 11230 to Montico, Inc.; Exemption No. 11228 to Steven Zeets ; Exemption No. 11218 to Saratoga Aerial Vehicle; and Exemption No. 11215 to Mike Johnson

 DJI Phantom 3 : Exemption No. 11783 to Precision Design and Drafting, Inc.; Exemption No. 11788 to Birds Eye Aerial Photography, Inc.; Exemption No. 11696 to Midwest UAV Imagini ng; Exemption No. 11335A to Voler, Inc.; Exemption No. 11267A to ETAK Systems, Inc.; Exemption No. 11306A to Hawk Aerial, LLC

The FAA has, or would find the following shared characteristics of the DJI Phantom 2, DJI Phantom 2 Vision, DJI Phantom 2 Visio n+, and DJI Phantom 3 to warrant approval for a grant of exemption:

 They all weight less than 55 pounds including payload;

 The radio frequencies used for operations and control of the UAS comply with the Federal Communications Commission (FCC) and other appropriate government oversight agency requirements; and

 The UAS all operate at a speed of 87 knots or less.U.S. Department of Transportation July 28, 2015 Page 6 Salans FMC SNR Denton
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B. Approval is Warranted Based on the Operational Restrictions in SECURA ' s Operating Documents

The operating documents for the selected UA S contain all the procedures and limitations necessary to safely and successfully perform the proposed operations. To expedite the FAA's safety

assessment of SECURA ' s proposed UAS operations, SECURA has tailored its operating documents to comply with the c onditions 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 co ntain systems and procedures to permit SECURA to comply with the conditions and limitations in the FAA's Grant of Exemption. Id.

V. R EGULATIONS F ROM W HICH E XEMPTION I S S OUGHT

The Federal Aviation Act expressly grants the FAA the authority to issue exemption s. 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 p ublic interest. 1

SECURA 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 Mark ing 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;
61.101(e)(4) and (5); 61.315 Private, Recreational and Sport Pilot Medical Certifi cate 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

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).U.S. Department of Transportation July 28, 2015 Page 7 Salans FMC SNR Denton
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91.103 Preflight Action

91.109(a) Flight Instruction

91.119(c) Minimu m 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

SECURA seeks an exemption fr om 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 ci vil 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, re stricted or light

- sport category aircraft or experimental or provisionally certificated aircraft, the operator must also display on that aircraft near each 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 cabi n, fuselage, boom, or tail the marks required by § 45.23.

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

The reasons why gra nting 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.U.S. Department of Transportation July 28, 2015 Page 8 Salans FMC SNR Denton
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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 SECURA 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), 91.40 7(a)(1), 91.409(a)(1) and (2); 91.417(a) and (b): Maintenance Inspections

SECURA 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

s pecify 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 th is 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 re quired 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 co nducted 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.

The operating documents also inclu de 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 reco rd 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 do cuments ensure that an equivalent or higher level of safety will be achieved.

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.").U.S. Department of Transportation July 28, 2015 Page 9 Salans FMC SNR Denton
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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

SECURA seeks exemption from these se ctions, which restricts private, recreational or sport pilot certificate holders from flying aircraft for compensation or hire, and would also require a Class II or C l a ss I 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 neith er passengers

nor cargo.

In the Grant of Exemption No. 11062 to Astraeus Aerial 6 , the FAA determined that the unique characteristics of UAS operation outside of controlled airspace did not warrant the additional cost and restrictions attendant with requi ring the PIC to have a Commercial Pilot

Certificate and Class II or Class II I 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 ope rations 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 sc reening 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 b e no airworthiness certificate issued for the UAS, SECURA 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 conditio n safe for flight, and an exemption from § 91.7(a) is therefore warranted.

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.

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).U.S. Department of Transportation July 28, 2015 Page 10 Salans FMC SNR Denton
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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 Fl ight 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. § 91.2 03(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 c ertificate 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 wo uld 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. Gr iffith, 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 grou nd 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 flight. Therefore, an equivalent level of safe ty 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

8 Memorandum from Mark Bury, FAA Assistant Chief Counsel for International Law, Legislation and R egulation, to John Duncan, FAA Flight Standards Service (Aug. 8, 2014); see also Docket No. FAA

- 2014

- 0352 at 16

- 18.

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 fli ght 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.U.S. Department of Transportation July 28, 2015 Page 11 Salans FMC SNR Denton
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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 a n 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 requir ed 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 ab oard 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 e nvironment. As a whole, the procedures provided for in the operating documents ensure that UAS flight instruction can be performed safely.

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

SECURA 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

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.

FA A

- 2014

- 0534 ).U.S. Department of Transportation July 28, 2015 Page 12 Salans FMC SNR Denton
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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 operatio ns 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 per son 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 leave s 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 obje cts, and operations near the PIC or Observer will not present an undue hazard per § 91.119(a). Adherence to these restrictions in SECURA ' s operating documents will ensure the proposed operations can be conducted without compromising safety to

persons or pr operty on the ground.

I. 91.121: Altimeter Settings

To the extent necessary for SECURA 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 wh ere: (1) the UAS will be operated 400 feet AGL or 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 p oint 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 equiva lent level of safety will be achieved, and a grant of exemption to the requirements of § 191.121 is therefore appropriate.U.S. Department of Transportation July 28, 2015 Page 13 Salans FMC SNR Denton
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J. 91.151(a): Fuel Requirements for Flight in VFR Conditions

SECURA requests an exemption from 14 C.F.R. § 91.151(a)'s fuel requirement s 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 in tended 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 meaningf ul 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 unles s (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 grea ter, 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 appropr iate.

VI. D RUG AND A LCOHOL P ROGRAM

SECURA 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. P UBLIC I NTEREST

The public interest will be served by granting SECU RA ' 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 Exem ption 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.

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

12 Docket No. FAA

- 2014

- 0642.

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The proposed UAS o perations 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 t hat

SECURA 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. P RIVACY

The proposed operations will be conducted in accordance with applicable federal, state, or local laws regarding pr ivacy. SECURA 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. F EDERAL R EGISTER S UMMARY

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the

F EDERAL R EGISTER , 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 pr operty owners from the substantial hazards associated with using conventional fixed

- wing aircraft or

rotorcraft for aerial data collection.

X. C ONCLUSION

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

Section 333 o f the Reform Act and the FAA has issued grants of exemption in circumstances similar in all respects to those presented by SECURA in this Petition for Exemption. In consideration of the foregoing, this Petition for Exemption provides the FAA with all the

n ecessary justification for granting the requested exemptions allowing SECURA 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 y ou need additional information to support the requested exemptions, please do not hesitate to contact us

.U.S. Department of Transportation July 28, 2015 Page 15 Salans FMC SNR Denton
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Very Truly Yours,

Mark E. McKinnon
Counsel for SECURA Insurance Companies

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