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 31, 2015

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington DC 20590

Re: Petition of Privilege Underwriters, Inc. 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, Privilege Underwriters, Inc. (PUI) 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 in support of, inter alia, inspections for insurance underwriting 

and claims adjusting. In particular, PUI seeks permission to operate the DJI Phantom line of 

vehicles. PUI 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, PUI will also submit the following operating 

documents under separate cover:

 PUI Operations Manual 

PUI submits this manual as a confidential document 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:
U.S. Department of Transportation

July 31, 2015

Page 2

Salans FMC SNR Denton

McKenna Long

dentons.com

TABLE OF CONTENTS

Page

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

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

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

IV. PUI'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.............................................................................................5

B. Approval is Warranted Based on the Operational Restrictions in PUI'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..............10

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

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

VI. DRUG AND ALCOHOL PROGRAM.........................................................................................12

VII. PUBLIC INTEREST................................................................................................................12

VIII. PRIVACY .............................................................................................................................12

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

X. CONCLUSION.......................................................................................................................14
U.S. Department of Transportation

July 31, 2015

Page 3

Salans FMC SNR Denton

McKenna Long

dentons.com

I. BACKGROUND & DESCRIPTION OF PETITIONER

PUI’s member owned reciprocal insurer, Privilege Underwriters Reciprocal Exchange

(PURE) provides property and casualty insurance to successful, high net worth families 

and is committed to helping our members protect their assets and make their homes safer 

and more resilient. By exploring the ability to use UAS, PUI has the opportunity to 

expand the services we provide to our membership and ensure that roof related damage is 

accurately assessed.

The contact information for Petitioner is as follows:

Timothy Arone 

Vice President

Privilege Underwriters, Inc.

44 South Broadway 

White Plains, NY 10601 

tarone@pureinsurance.com

914-470-9949

II. DESCRIPTION OF PROPOSED OPERATION

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

Phantom series of UAS for aerial data collection in support of its insurance business. PUI

proposes to conduct roof inspections under controlled conditions in airspace that is 1) limited, 2) 

predetermined, and 3) controlled as to access. Operations will be limited to the customer's 

property and always occur within the line of sight of the UAS operator. The property owner will 

be notified in advance of the date and time for inspection if they will not be physically present. 

The customer's privacy and their neighbors' privacy will be fully protected. PUI's use of UAS for 

roof inspections does not create a hazard to users of the national airspace or the public or pose a 

threat to national security. 

Grant of this request is warranted as use of UAS will improve safety for PUI’s general 

adjusters and risk managers. Currently in order to assess roof damage, general adjusters need to 

physically climb onto a policyholder's roof using ladders for inspection. As evidenced by the 

annual industry wide worker’s compensation claims, inspecting roofs is quite dangerous. Each 

year, claim handlers throughout the industry are injured in falls while performing roof 

inspections. By utilizing UAS, the general adjusters will be able to obtain an accurate assessment 

of the roof while remaining safely on the ground and limiting their exposure to injury. In 

addition to improving the speed and accuracy of PUI’s handling of roof claims, the use of UAS 

will assist risk managers in ensuring that roofs are in sound condition to help prevent future 

losses.
U.S. Department of Transportation

July 31, 2015

Page 4

Salans FMC SNR Denton

McKenna Long

dentons.com

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 PUI in this Petition for Exemption fall 

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

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

THE REFORM ACT

PUI'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.
U.S. Department of Transportation

July 31, 2015

Page 5

Salans FMC SNR Denton

McKenna Long

dentons.com

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, 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, PUI requests permission to operate the DJI Phantom II, 

II Vision+, and III.

B. Approval is Warranted Based on the Operational Restrictions in PUI'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 PUI's proposed UAS operations, PUI 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 PUI 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

PUIseeks 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

 

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 31, 2015

Page 6

Salans FMC SNR Denton

McKenna Long

dentons.com

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 Certificate, 

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

PUIseeks 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.

 

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.
U.S. Department of Transportation

July 31, 2015

Page 7

Salans FMC SNR Denton

McKenna Long

dentons.com

● 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 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 (NNumber) 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 PUI 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

PUI 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-

 

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 31, 2015

Page 8

Salans FMC SNR Denton

McKenna Long

dentons.com

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 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

PUIseeks 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, PUI 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 

 

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 31, 2015

Page 9

Salans FMC SNR Denton

McKenna Long

dentons.com

PIC to determine whether the aircraft is in a condition 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.

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 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 

 

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.

9

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

{footnote continued}
U.S. Department of Transportation

July 31, 2015

Page 10

Salans FMC SNR Denton

McKenna Long

dentons.com

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 FAAapproved 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.

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

PUI 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 

 

{continued from previous page}

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.

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 

{footnote continued}
U.S. Department of Transportation

July 31, 2015

Page 11

Salans FMC SNR Denton

McKenna Long

dentons.com

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 PUI'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 PUI 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 

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 

 

{continued from previous page}

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 ).
U.S. Department of Transportation

July 31, 2015

Page 12

Salans FMC SNR Denton

McKenna Long

dentons.com

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.11

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

PUI 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.12 In Exemption No. 11213 to Aeryon Labs, Inc.13, 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).14 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. 

VI. DRUG AND ALCOHOL PROGRAM

PUI 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

Grant of PUI’s request to use UAS for roof inspections is in the public interest. While

PUI takes every precaution to keep its general adjusters safe, roof inspections conducted by

 

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

13 Docket No. FAA-2014-0642.

14 Exemption No. 11213 at pg. 12.
U.S. Department of Transportation

July 31, 2015

Page 13

Salans FMC SNR Denton

McKenna Long

dentons.com

human beings carry inherent risks. Currently, PUI’s general adjusters need to physically climb 

onto the roof using ladders to conduct inspections. The dangers of inspecting any roof include, 

but are not limited to: losing one's footing, having a ladder slip, and being blown off a roof from 

wind shear. A recent news article noted that fatalities rates among roofers are the highest of the 

construction trades.15 In addition to safety concerns, inspecting a roof by physically climbing on 

it has the potential to damage the roof. Using UAS for roof inspections will minimize these risks. 

By utilizing UAS, PUI's general adjusters will be able to reduce their exposure to hazards and 

rapidly obtain accurate assessments of the roof while remaining safely on the ground. Quicker 

roof damage assessments will result in faster claims payments and repairs for affected members.

In addition, as described in more detail below, operation will not create a hazard to 

aviation or the public. Flights will be conducted under 200 feet AGL – avoiding interference 

with users of the national airspace system. Operation will not create a hazard to the public as PUI

will operate the UAS only over private property and with the owner's consent. In addition, the 

UAS will have a geo-fence around the owner's property line to restrict the flight path of the 

UAS. Finally, operation will not pose a threat to national security. The UAS poses no credible 

threat to national security due to its size, limited capabilities, speed of operation, location of 

operation, lack of explosive materials or flammable jet fuels, and inability to carry a substantial 

external load.

VIII. PRIVACY

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

local laws regarding privacy. PUI 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.

 

15 Alexandra Berzon and Kris Hudson, Fight Erupts Over Protecting Rooftop Workers, Wall Street Journal,

Sept. 28, 2014 available at http://online.wsj.com/articles/builders-osha-square-off-on-rooftop-safety-14 l l 947843.
U.S. Department of Transportation

July 31, 2015

Page 14

Salans FMC SNR Denton

McKenna Long

dentons.com

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 

similar in all respects to those presented by PUI 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 PUI 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 Privilege Underwriters, Inc.

Attachments