U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE 

Washington,D.C. 20590

RE: Petition for exemption according to Section 333 of the FAA Modernization and Reform Act of

2012 (FMRA)

Dear Sir or Madam,

MWS, LLC. dba WIN Home Inspection Elizabethtown hereby petitions for an exemption from the 

Federal Aviation Regulation (FAR) and any other rules necessary to allow the operation of a

small unmanned aircraft system (UAS) for the purpose of conducting roof inspections to safely

produce a photo documentation damage assessment for the perusal of the homeowners to

decide on any necessary repairs on their roofs. The operation under the requested exemption will

adhere to strict safety protocols which we will list in the following. The reason behind using an

unmanned aircraft system to perform the roofing inspections is to provide a much safer

mechanism to all involved parties while posing no safety or privacy threat to the general 

public, or any other individuals be it participating parties or non‐ participating parties.

1. Name and mailing address:

MWS, LLC.

2133 Andrew Avenue

Elizabethtown, PA 17022

Phone: 717-361-9467

Email: msteger@wini.com

2.The specific section or sections of 14 CFR from which you seek an exemption:

Exemption Request Pursuant to Section 333 of the FMRA and Part 11 of the Federal Aviation

Regulations, Seeking Exemption from

14 C.F.R. §§ 61.113(a) and (b) Private pilot privileges and limitations: Pilot in command

14 C.F.R. § 61.133(a): Commercial pilot privileges and limitations

14 C.F.R. § 91.119(c) Minimum safe altitudes: General

14 C.F.R. § 91.121 Altimeter settings

14 C.F.R. § 91.151(a) Fuel requirementsfor flight in VFR conditions

14 C.F.R. § 91.405(a) Maintenance required

14 C.F.R.§ 91.407(a)(1) Operation after maintenance, preventive maintenance, rebuilding, or 

alteration

14 C.F.R. §§ 91.409(a)(1) and (2) Inspections

14 C.F.R. §§ 91.417(a) and (b) Maintenance records

14 C.F.R. § 91.7(a): Civil aircraft airworthiness

3. The extent of relief you seek and the reason you seek the relief:
a. 14 C.F.R. §§ 61.113(a) and (b): Private pilot privileges and limitations; 14 C.F.R. § 61.133(a): 

Commercial pilot privileges and limitations

MWS, LLC. is seeking relief and exemption from the above listed Federal Aviation Regulation

and any other applicable rules to allow the use of a Small Unmanned Aircraft System to

conduct roof inspections on structures approximately 25’ to 100’ from the surface of the ground.

The UAS that MWS, LLC. will use to conduct the inspection is a DJI Phantom 3, an Unmanned 

Aircraft System widely flown by recreational flyers is a personal UAS weighing less than 6lbs,

whereas per definition by US Congress as stipulated in Section 331, PL 112‐95, 2014: “6) SMALL

UNMANNED AIRCRAFT. – The term “Small Unmanned Aircraft” means an unmanned aircraft

weighing less than 55 pounds.”

The DJI Phantom 3 is transcendently small and light weight capable to operate both 

autonomously and manually, with “Return Home” and “Position Stabilization” features. In an 

event connection with the remote controller is lost, the Phantom 3 uses its positioning 

system and smart flight technology to return back to the pilot.

MWS, LLC. respectfully petitions that given the characteristics afore mentioned in the paragraph 

above, to exempt the operations of the UAS by pilot holding a private pilot’s certificate

or commercial pilot certificate. The risks associated with the operation of these small UAS are

lower than the level of risks associated with commercial operations contemplated by Part 61; 

allowing operation of the UAS as requested therefore exceeds the level of safety achieved

by 14 C.F.R. §§ 61.113(a) and (b).

b. 14 C.F.R. § 91.7(a): Civil aircraft airworthiness

Section 91.7(a) requires that no person may operate a civil aircraft unless it is in airworthy 

condition. Given the characteristics of the UAS such as small size, light weight, low operating 

altitude, short flight time, and the stringent operating restrictions and conditions proposed in this 

petition, an equivalent level of safety will be achieved by compliance with the Standard operating 

Procedure. MWS, LLC. therefore requests t h e FAA to grant an exemption from Section 

91.7(a) and find that the operator may ensure that the UAS are in an airworthy condition 

by complying with the Standard Operating Procedure the proposed operating restrictions

and conditions. FAA has granted similar exemptions in Exemption Nos. 11136 and

11138.

c. 4 C.F.R. § 91.119(b) and (c): Minimum safe altitudes

Section 91.119(b) and (c) establish certain minimum altitudes for operation of civil aircraft. 

Section 91.119 provides, in pertinent part, that: “except when necessary for takeoff or landing, 

no person may operate an aircraft below the following altitudes: ... (b) Over congested areas. 

Over any congested area of a city, town, or settlement, or over any open air assembly of persons, 

an altitude of 1,000 feet above the highest obstacle within a horizontal radius of 2,000 feet of the 

aircraft. (c) Over other than congested areas. An altitude of 500 feet above the surface, except 

over open water or sparsely populated areas. In those cases, the aircraft may not be operated 

closer than 500 feet to any person, vessel, vehicle, or structure.”

MWS, LLC. requests to be exempted from this section since the said UAS will not operate on

altitudes higher than 100’ above ground level. Putting into account its small size, light weight, low

speed and its limited range, also that it carries no passengers or flammable materials, the UAS 
may safely fly on a lower altitude that conventional aircrafts. The residential buildings

that MWS, LLC. intends to inspect does not rise more than 100’. Relief from this rule is warranted 

because the operations will be conducted with the safeguards and under the operating

conditions outlined herein and in the Standard Operating Procedure. The FAA issued an exemption

from Section 91.119(c) in Exemption Nos. 11136 and 11138.

d. 14 C.F.R. § 91.121: Altimeter settings

It is regulated that each person operating an aircraft shall maintain the cruising altitude or flight 

level of that aircraft, as the case may be, by reference to an altimeter that is set, when operating. 

“(b) The lowest usable flight level is determined by the atmospheric pressure in the area of 

operation as shown in the following table:

Current altimeter setting

29.92 (or higher)

Lowest usable flight level

180

29.91 through 29.42 185

29.41 through 28.92 190

28.91 through 28.42 195

28.41 through 27.92 200

27.91 through 27.42 205

27.41 through 26.92 210

Due to the nature of use of the small UAS to perform roof inspections, the UAS will not fly above 

the altitude of 100’. MWS, LLC. respectfully submits to be exempted from the section.

e. 14 C.F.R. § 91.151(a): Fuel requirementsfor flight in VFR conditions

MWS, LLC. submits to exempt this section putting into consideration the limited battery life 

that in turns limits flight duration of the UAS Phantom 3 and also the characteristics of the 

UAS being light weight, low speed, limited range, ability to land very quickly, operation 

within visual line of sight, restricted operating area, and the fact that they do not carry 

passengers or any flammable materials. In addition to those characteristics described in 

the previous, the DJI Phantom 3 has a safety return feature that enables it to return home

in an event that the battery is running low. The FAA issued an exemption to this regulation for

UAS operationsin Exemption Nos. 11062, 10673, 11136 and 11138.

f. 14 C.F.R. § 91.405(a): Maintenance required

14 C.F.R. § 91.407(a)(l): Operation after maintenance, preventive maintenance, rebuilding or 

alteration

14 C.F.R. §§ 91.409(a)(l) and (2): Inspections

14 C.F.R. §§ 91.417(a) and (b): Maintenance records

Because these sections and Part 43 apply only to aircraft with an airworthiness certificate, these 

sections will not apply to MWS, LLC. Maintenance will be accomplished by the operator

pursuant to the manufacturer’s manual and the Standard Operating Procedure. An equivalent 

level of safety will be achieved because the UAS are very small in size and weight, will carry a 

tiny payload and operate only in restricted areas for short periods of time. If mechanical 

issues arise, the UAS can land immediately and will be operating from no higher than 100' above 
ground level. As provided in the Standard Operating Procedure, the operator will ensure that the 

UAS is in working order prior to initiating flight, perform required maintenance, and keep a log of 

any maintenance performed. Moreover, the operator is the person most familiar with the aircraft 

and best suited to maintain the aircraft in an airworthy condition to provide an equivalent level 

of safety. The FAA issued an exemption to these regulations in Exemption Nos. 11062, 11136 and

11138.

g. Such other relief as the FAA deems appropriate to enable the requested operations

MWS, LLC. also requests exemption from such other FARs as the FAA deems appropriate to

enable the requested operations. If, during the effective dates of the exemption issued pursuant 

to this petition, the FAA issues interim or final rules for small UAS, MWS, LLC. requests that it be

relieved of the requirements of any conditions and limitations of the exemption and allowed to

comply with any less burdensome applicable regulations that may have become effective.

4. How your request would benefit the public as a whole:

The exemption will benefit the general public for the following reasons:

1. By using the UAS to perform roof inspections, this will not require an Inspector to physically 

climb the roof, therefore ensuring the Inspector’s safety by minimizing the possibility of 

accidents happening due to falling.

2. Various roof coverings are brittle, by inspecting the roof with the UAS, it will avoid stepping 

on them and causing damage.

3. With the UAS as the main tool to perform inspections, no ladder will be required, thus 

removing any safety concernsrelated to the placement of a ladder.

4. Most residential roofs have a very high pitch, therefore it is not walkable. Due to this 

reason, the homeowners seldom perform roof inspection for preventive measures until a 

problem occurs.

5. By inspecting roof conditions, this will ensure the condition and soundness of the roof, 

therefore preventing leaks that cause damage to the property, which eventually can lead to 

structural damage to the building, and much later can cause safety liability to the tenants and 

the general public.

6. Roof inspections can identify leak areas and water intrusion to prevent moisture build up 

inside the building. Moisture build up can stimulate the growth of mildew/mold and bacteria

that can lead to health hazard.

5. Reasons why the exemption would not adversely affect safety or how the exemption would 

provide a level of safety at least equal to the existing rule;

The exemption would not adversely affect safety, or how the exemption would provide a level of 

safety at least equal to the existing rule for the following reasons:

1. The UAS will be operated under a strict Standard Operating Procedure produced MWS, LLC.

MWS, LLC has spent more than thirteen years providing the highest quality roofing 

inspections, establishing a reputation for excellence working on tough demanding jobs for

clients large and small. Founded in 2002, we are a leading provider of roofing a n d h o m e 

i n s p e c t i o n s throughoutsouth central Pennsylvania.

2. A geo‐fence will be enabled on the UAS that will limit the aircraft from leaving the 
airspace above the property to be inspected.

3. A flight ceiling limit of 100’ altitude from the adjacent ground level or the height of foliage 

or trees adjacent to the property (lesser of the two) shall be strictly adhered to by the geo‐ 

fence and the operator for all inspections. This ensures that no contact with aircraft in 

the NAS will occur with our UAS because manned aircraft cannot fly below the tree line or 

highest nearby obstacle.

4. The UAS will not fly near a manned aircraft.

5. The UAS flight and operator will abide by all pre‐flight checks and manufacturer suggested 

flight protocols. The manufacturer operation manual will be readily available upon request

and the operation manual will be strictly adhered to by the operator.

6. A log of each flight including the duration and location shall be kept with the operator and 

available for audit upon request.

7. A take‐off and landing zone shall be designated prior to the flight.

8. The radio frequency used for operation and control of the UAS will comply with the FCC or 

other appropriate government agency requirements.

9. The UAS flights will be conducted only during daylight hours under visual meteorological 

conditions.

10. The UAS flights will not be operated less than 500 feet below or less than 2,000 feet 

horizontally from a cloud. The UAS flights will not occur when visibility is less than 3 miles 

from the operator and visual observer.

11. MWS, LLC. will maintain a $300,000.00 minimum liability insurance policy while operating the

UAS.

12. In accordance with the manufacturer’s operating manual, the UAS operator will perform 

extensive pre‐flight checks prior to each flight to ensure the UAS is functioning properly. 

In the event that ANY pre‐flight inspection item does not pass the check, the UAS will be 

permanently grounded until the manufacturer issues a full compliance certificate stating 

that the UAS has been repaired, properly maintained, and/or inspected and deemed safe to 

fly in accordance with their operating manual.

13. The UAS will have a flight termination option to prevent a “fly away” and the pilot‐in‐

command can safely abort or terminate the flight.

6. A summary we can publish in the Federal Registerstating —

A brief description of the exemption you seek; a. The rule from which you seek the 

exemption; and

a) A brief description of the exemption you seek

a) Exemption Request Pursuant to Section 333 of the FMRA and Part 11 of the

Federal Aviation Regulations, MWS, LLC. seeks to be exempted from

14 C.F.R. §§ 61.113(a) and (b); 14 C.F.R. § 61.133(a); 14 C.F.R. § 91.119(c); 14 C.F.R.

§ 91.121; 14 C.F.R. § 91.151(a); 14 C.F.R. § 91.405(a); 14 C.F.R. § 91.407(a)(1); 14

C.F.R. §§ 91.409(a)(1); 14 C.F.R. §§ 91.417(a) and (b); 14 C.F.R. § 91.7(a).

b) MWS, LLC. is seeking exemption for:

Most of the rules stipulated in the sections listed above does not apply to the small

Unmanned Aircraft System because it does not carry any passengers, explosive or 

flammable materials that may cause concern to public safety. In addition to that, 

the UAS is light weight, low speed, limited range, ability to land very quickly, operation 
within visual line of sight, restricted operating area.

The use of the UAS to perform roof inspection will greatly decrease public safety 

hazard, as it eliminates the possibility of falling that may lead to severe injury or death 

by not requiring the inspectorto climb on to the roof or use a ladder.

MWS, LLC. will put in place a strict Standard Operating Procedure to be followed by 

the operator to ensure that the use of this small popular and with hobbyist

unmanned aircraftsystem will not affect public safety.

With designated take‐off and landing zones, operator maintaining line of site, and all 

other safety protocols listed above, a safe and limited operating area can and will 

be established thereby creating a restricted sterile environment within which the UAS 

will operate.

7. Any additional information, views, or arguments available to support your 

request

A description and specifications of the UAS to be used by MWS, LLC. can be found in

this device's manufacturer user manual. Due to the manual's file size (11.5MB), I can not 

upload the manual with my application. The regulations.gov website has a 10.5MB file size 

limit.

8. If you want to exercise the privileges of your exemption outside the U.S., you must 

state the reason.

MWS, LLC. does not wish to exercise the privileges of my exemption outside the U.S.

Respectfully,

 MWS, LLC.

 Contact: Matthew Steger

 2133 Andrew Avenue

 Elizabethtown, PA 17022 

 Phone: 717-361-9467

 Email: msteger@wini.com