November 17th, 2015 

 

Mr. James Williams

Manager, Flight Standards Service 

Unmanned Aircraft Systems Integration Office .

Federal Aviation Administration

800 Independence Avenue, SW

Washington, DC 20591

Randolph D. Dahl, Sr.

CEO

Interstate Builders

(Aerial Photography Division)

154 Kittanning St.

Butler, Pa 16001

(724) 287-3999

interstblder@aol.com

www.interstatebuilders.biz

U.S. Department of transportation, Docket Operation

West Building Ground Floor, Room w12-140

1200 New Jersey Avenue, SE

Washington, DC 20590

Re: Request for exemption from multiple regulatory provisions to allow the use of small unmanned 

aerial systems over private property with signed consent of property owner in order to give a safe visual 

assessment not accessible to involved parties from conventional standpoints.

Dear Mr. Williams, 

Interstate Builders Aerial Photography Division (ISBAPD) respectfully requests an exemption 

from several provisions of Title 14 of the Code of Federal Regulations ( C.F.R.) to permit the use of small 

unmanned aerial systems (sUAS) to assist in the operations of safe visual assessments not accessible to 

involved parties from conventional standpoints. This request is done primarily by the desire to perform 

safe, cost-effective and environmentally friendly visual inspections for private parties or governmental

agencies.While an exemption would not eliminate, in all instances a need for in-person visual inspection,

it would allow ISBAPD to broadly evaluate assets and operations with sUAS, resulting in a video 
assessment that would be available to all parties while limiting the necessity for multiple personnel 

inspections that can be hazardous or cause further damage. 

Accordingly, the grant of an exemption is consistent with congress’ intent, reflected in Section 333 of 

the FAA Modernization and reform Act of 2012 ) (Modernization Act), that safe systems be permitted in 

the national airspace prior to the issuance of final regulations governing general use of these systems.

Although, in all contemplated operations performed by ISBAPD no national airspace will be 

compromised which is in accordance with all ISBAPD in- flight procedures. 

Background Information

Interstate Builders is a registered General Construction company in the state of Pennsylvania established 

on May 5th 1982. Historically any and all inspections were performed personally. In certain geographic 

locations as well as inclement weather this procedure posed a certain safety issue to the inspector as 

well as potential further damage caused to the property in question. The sUAS have allowed for safe, 

efficient and non-evasive inspections of all above ground occurrences. This has blossomed into further 

opportunities for advertising and promotions. This has prompted Interstate Builders to establish the 

Ariel Photography Division. The CEO has used his once amature sUAS skills to develop a full scale 

Photography Division designed around the use of sUAS. This program incorporates the operations of 

fully qualified PIC who have undergone on ground and in-flight training, as well as performed and over 

seen all pre-flight inspections, in-flight inspections and landing training. All PIC are expected to have a 

minimum of 200 hours of flight time before any actual in field operations are performed.

As part of these operations ISBAPD is requesting FAA Exemption for sUAS operations for safety, 

inspection and video capture usage. 

Basis for Exemption Request

In addition to the waiver authority provided in §333 of the Modernization Act, the FAA may grant an 

exemption under 49 U.S.C. §44701(f) if it has determined that such an exemption is in the public 

interest. The FAA has imposed a separate requirement in its procedural regulations, providing that the 

petitioner shall explain why granting the exemption would not adversely affect safety or how the 

exemption would provide at least an equivalent level of safety as compliance with the underlying 

regulation. In this case, approval of this exemption would advance the public interest by significantly 

enhancing the safety and efficiency in the building industry and by providing the FAA with valuable user 

experience on sUAS. As described more fully below, the requested exemption would permit the 

operation of sUAS under tightly controlled conditions, thus ensuring that operations will not have an 

adverse impact on safety. As explained below, ISBAP anticipates that the use of sUAS will enhance safety 

within the building industry. Granting an Exemption is directly in the Public Interest. 

ISBAP with the use of sUAS will assess the many different aspects necessary to maintain safety within 

the building industry. The safety and efficiency of building and maintenance operations is heavily 

dependent upon constant analysis of assets and their stability and safety in direct accordance to the 
general public. There are a wide variety of factors that can affect conditions and cause problems for the 

building industry. Even relatively small objects or minor failures can lead to accidents or other incidents 

causing downtime of buildings and infrastructure. Extreme weather events can lead to damaging results 

to the structure of any commercial, residential or industrial real estate. For example extreme weather 

conditions as well as earthquakes, landslides, and tornadoes can cause many hazards as a result of their 

intensity and level of destruction. While our clients do what they can to make these initial inspections as 

safe as possible, there is an irreducible element of risk involved whenever personnel are required to go 

out into these structures and elements without any situational awareness or summary of the conditions. 

Employees may need to climb over or onto structures, which can be slippery, rough, and/or exposed to 

the elements. With the use of sUAS, ISBAP can accurately assess the damages of the aftermath of these 

incidents while eliminating risk of immediate endangerment to any actual persons during these 

assessments. This will also provide an analysis of the situation, its conditions to determine further 

actions required by additional licensed and certified personnel per each occurrence. 

Section 333 Aircraft Exemption Status:

Section 333 of the Modernization Act authorizes the FAA to exempt aircraft from the

requirement for an airworthiness certificate based on a consideration of the size, weight,

speed, operational capability of the particular UAS, as well as its proximity to airports and

populated areas. An analysis of these criteria demonstrates that the sUAS operated without an 

airworthiness certificate in the areas and under the conditions contemplated by DFAM will be at least as 

safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness 

certificate without the conditions proposed in this request.

The sUAS is less than 55 lbs. fully loaded, carries neither a pilot nor passenger, and operates exclusively 

within a secured area. Unlike other civil aircraft, operations under this exemption will be tightly 

controlled and monitored by the operator and observer. Operations will be conducted in compliance 

with the FAA and with local public safety requirements to provide security for the area of operation as is 

now done with conventional equipment, infrastructure, bridge and out building evaluation. These safety 

enhancements provide an expanded degree of safety to the inspectors over conventional operations. 

Lastly, application of these same criteria demonstrates that there is no credible threat to national 

security posed by the sUAS, due to its size, speed of operation, location of operation, lack of explosive 

materials and inability to carry a substantial external load.

Given the size and limited operating area associated with the aircraft to be utilized by the Applicant, this 

meets the requirements of an equivalent level of safety under Part 11 and Section 333 of the Reform 

Act. The Federal Aviation Act (49 U.S.C.§44701 (f)) and Section 333 of the Reform Act both authorize the 

FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration of the 

size, weight, speed, operational capability, and proximity to airports and populated areas of the

particular sUAS. In all cases, an analysis of these criteria demonstrates that the UAS operated without an 

airworthiness certificate, in the restricted environment and under the conditions proposed will be at 

least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an 

airworthiness certificate without the restrictions and conditions proposed.
Regulatory Provisions from which ISBAP seeks an Exemption

ISBAP believes it may need an exemption from the following provisions to

conduct the contemplated operations. In some instances, relief is needed because relief

from another provision renders compliance with the regulation at hand infeasible.

333 Aircraft Exemption Status

14 C.F.R. §61.113(a) and (b)

14 C.F.R. §91.119(c)

14 C.F.R. §91.121

14 C.F.R. §91.151

14 C.F.R. §91.405(a)

14 C.F.R. §91.407(a)

14 C.F.R. §91.409(a)(1)&(2)

14 C.F.R. §91.417(a)&(b)

ISBAP believes an exemption is only needed from the above-listed regulatory

provisions. To the extent that the FAA believes that additional relief is required for

ISBAP to conduct the operations described here, we request an exemption from any such

regulatory provisions as well.

14 C.F.R. §61.113(a) and (b)

§61.113 Private pilot privileges and limitations: Pilot in command.

(a) Except as provided in paragraphs (b) through (h) of this section, no person

who holds a private pilot certificate may act as pilot in command of an aircraft

that is carrying passengers or property for compensation or hire; nor may that

person, for compensation or hire, act as pilot in command of an aircraft.

(b) A private pilot may, for compensation or hire, act as pilot in command of

an aircraft in connection with any business or employment if:

(1) The flight is only incidental to that business or employment; and

(2) The aircraft does not carry passengers or property for compensation or

hire.

ISBAP anticipates initially using a team of specially trained staff to conduct the

sUAS operations. While these individuals may not hold commercial pilot licenses. The

sUAS will not carry property for compensation or hire since they will be used primarily to

assist in the inspection and evaluations of both vacant and occupied commercial, residential and 

industrial property.

Without an exemption, the pilot would be required to hold a commercial pilot certificate

under §61.133. However, the risk associated with the anticipated operations is less than

the risk posed by a traditional aircraft. The sUAS will fly at altitudes well below the

permissible limits for other civil aircraft, eliminating the risk to other aircraft, and within

a geographical envelope under the sole control of ISBAP clients. Accordingly, the risk

would be limited to ISBAP client’s property on the ground and ISBAP personnel, who will be 

appropriately outfitted in safety gear, as well have undergone specific training on “in-field” conduct and 

safety guidelines. Requiring a commercial pilot certificate
would provide no appreciable safety benefit and would needlessly impose additional cost

on ISBAP. Because the contemplated operations would not comply with §61.113(b)(1)

and none of the other exceptions to paragraph (a) apply, relief is needed from both

paragraphs (a) and (b).

14 C.F.R. 91.119(c)

§91.119 Minimum safe altitudes: General.

Except when necessary for takeoff or landing, no person may operate an

aircraft

below the following altitudes:

***

(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.

ISBAP requests only relief from what is required in §91.119 from the minimum

altitudes listed in paragraph (c). Relief is required from paragraph (c) for fixed wing

operations because asset evaluation conducted at 500 feet or higher is insufficiently

distinct to be meaningful. Since operations at this altitude also pose a heightened risk of

collision with another aircraft, safety can only be assured through the grant of an

exemption. The anticipated rotorcraft operations should be adequately addressed by

paragraph (d) (1). Additionally, relief should not be needed from paragraph (a) because

an emergency landing of the aircraft due to a power failure will not create an undue

hazard to persons or property on the surface. As noted in the explanation of why an

exemption will not adversely affect safety, ISBAP clients has exclusive use of the land

over which the sUAS will be operated, and public access is restricted. 

As such, the risk of injury is minimal. ISBAP does not contemplate conducting operations over congested 

areas, so relief is not requested from paragraph (b).

14 C.F.R. 91.121

14 C.F.R. §91.121 Altimeter Settings

This regulation requires each person operating an aircraft to maintain cruising

altitude by reference to an altimeter that is set “...to the elevation of the departure

airport or an appropriate altimeter setting available before departure.”

As the sUAS may not have a barometric altimeter, but instead a GPS altitude read

out, an exemption may be needed. An equivalent level of safety will be achieved by the

operator, pursuant to the Manual and Safety Check list, confirming the altitude of the
launch site shown on the GPS altitude indicator before flight. Altitude information will be provided to 

the sUAS pilot via a digitally encoded telemetric data feed, which downlinks from the aircraft to a 

ground-based on-screen display. This altitude information will be generated by equipment installed on 

board the aircraft, using GPS triangulation, or digitally encoded barometric altimeter, or radio altimeter, 

or any combination thereof. Prior to each flight, a zero altitude initiation point will be established

and confirmed for accuracy by the pilot.

14 C.F.R. 91.151

§91.151 Fuel requirements for flight in VFR conditions.

(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.

(b) No person may begin a flight in a rotorcraft 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, to

fly after that for at least 20 minutes.

The risk raised in §91.151 does not pertain to the type of usage anticipated by ISBAP due to the 

fact that there is no Fuel requirements for the sUAS. Rather, that battery power is necessary for 

operations; we believe that 25% battery power is sufficient to perform these requirements to safely land 

the sUAS. Additionally ISBAP does not intend to operate the sUAS beyond the visual line of sight. Nor 

will an airport be required for any landings. Rather, ISBAP will operate under pre-planned flight paths 

that have taken weather conditions into consideration. 

14 C.F.R. 91.405(a), 91.407(a) (1), 14 C.F.R. 91.409(a) (1)&(2) and 14 C.F.R. 91.417(a) & (b)

§91.405 Maintenance required.

Each owner or operator of an aircraft –

(a) Shall have that aircraft inspected as prescribed in subpart E of this part and

shall between required inspections, except as provided in paragraph (c) of this

section, have discrepancies repaired as prescribed in part 43 of this chapter;

*****

§91.407 Operation after maintenance, preventive maintenance,

rebuilding, or alteration.

(a) No person may operate any aircraft that has undergone maintenance,

rebuilding, or alteration unless –

(1) It has been approved for return to service by a person authorized under

§43.7 of this chapter;

*****

§91.409 Inspections.

(a) Except as provided in paragraph (c) of this section, no person may operate

an aircraft unless, within the preceding 12 calendar months, it has had __

(1) An annual inspection in accordance with part 43 of this chapter and has

been approved for return to service by a person authorized by §43.7 of this

chapter; or

(2) An inspection for the issuance of an airworthiness certificate in

accordance with part 21 of this chapter.
ISBAP believes that an exemption from these three maintenance requirements is

appropriate because the FAA has not developed maintenance standards that would allow

an operator to meet the part 91 maintenance requirements. In particular, there are no

individuals authorized by the FAA to approve a sUAS for return to service under

§91.407(a) or to conduct the initial airworthiness and annual return to service inspections

required by §91.409(a). ISBAP will maintain the aircraft as instructed in the owner’s

manual and ASTM F2909, where applicable, and will not operate the aircraft until it has

reasonably determined that any needed repairs have been made. However, because of the

technical impossibility of meeting the requirements of §§91.405(a), 407(a), 409(a) and

417(a)&(b), we believe an exemption from these provisions is appropriate.

A grant of exemption to these provisions will allow a safe and secure manner of visual 

inspection within these situations without the immediate endangerment of any actual personnel being 

involved. Not only is the sUAS a safer alternative to a standard rotocraft by means of battery power 

rather than flammable fuel, no passengers are required for flight. This also lends towards a more ecofriendly operation. All inspections and assessments can be performed from outside of the hazard zone. 

Additionally, ISBAP seeks to utilize this exemption under these guidelines to fly for the purposes 

outlined above in countries outside of the United States. 

Pilot in Command Requirements (PIC):

1) ISBAP requires that any all sUAS operators or PIC have completed a minimum of 75 hours of 

flight time as a sUAS pilot along with quarterly scheduled training exercises.

2) Have completed 3 takeoffs and 3 landings and has logged a minimum of 10 hours of flight 

time with the make and model of the sUAS to be utilized for operations under the 

exemption within the past 90 days.

3) Have undergone a qualification process as specified in the flight operations & Procedures 

Manual consisting of a knowledge & skill test of the aircraft to be used.

4) Have an annually updated medical clearance and physical on file verified by a certified 

medical professional.

ISBAP Operations and Procedures

Technological Characteristics

1. Auto descent (landing) if communication signal were to be severed. If the sUAS

loses communications, the sUAS will have capability to return to a pre-determined

location within the Security Perimeter and land.

2. Auto descent (landing) if battery were to drop lower than nominal level.
3. Flights will be terminated at 25% battery power reserve.

4. Live video for operator gives real-time positioning feedback. In other words, we

can monitor the scene from the vehicle's perspective for collision avoidance, and to

maintain spatial orientation.

5. The sUAS will have the capability to abort a flight in case of unpredicted obstacles

or emergencies.

6. GPS lock supplies for return-to-home (RTH). Should Command and Control (C2)

link failures occur (highly improbable), vehicle returns automatically to the point of launch.

7. Altitude information will be provided to the sUAS pilot via a digitally encoded

telemetric data feed, which downlinks from the aircraft to a ground-based on-screen

display. This altitude information will be generated by equipment installed on board

the aircraft, using GPS triangulation, or digitally encoded barometric altimeter, or

radio altimeter, or any combination thereof. Prior to each flight, a zero altitude

initiation point will be established and confirmed for accuracy by the pilot.

Mechanical and Physical Characteristics

1. We will fly line-of-sight (LOS) only. The vehicle will always remain in direct LOS

to the pilot, thus eliminating the concern of signal severance (flying behind

objects/walls).

2. The sUAS will weigh less than 55 lbs and travel at less than 50 knots.

3. Batteries should far exceed the capacity required for actual flight time.

4. Flights will be operated at an altitude of no more than 400 feet AGL.

5. Fireproof bags for storage and charging of high capacity Lipo batteries on-site.

6. Any UA operated under this exemption will be marked in accordance with 14 CFR part 45 or as 

authorized by the FAA.

Personnel Characteristics

1. Spotters ensure safe operation and act as a redundant set of eyes for operators.

2. A briefing will be conducted in regard to the planned sUAS operations prior to each day’s activities. It 

will be mandatory that all personnel who will be performing duties within the boundaries of the safety 

perimeter be present for this briefing.
3. The operators will obtain the consent of all persons involved in the sUAS operations and ensure that 

only consenting persons will be allowed within 100 feet of the flight operations.

4. Observer and pilot will at all times be able to communicate by voice.

5. Written and/or oral permission from the relevant property holders will be obtained.

6. Pilot and observer will have been trained in operation of UAS generally and received up-to-date 

information on the particular UAS to be operated.

Operation Characteristics:

1. The unmanned aircraft (UA) must weigh less than 55 pounds (25 Kg),including energy source(s) and 

equipment. 

2. The UA may not be flown at a ground speed exceeding 50 knots.

3. Flights must be operated at an altitude of no more than 400 feet above ground

level (AGL).

4. The UA must be operated within visual line of sight (VLOS) of the PIC at all

times. This requires the PIC to be able to use human vision unaided by any device

other than corrective lenses.

5. All operations must utilize a visual observer (VO). The VO may be used to

satisfy the VLOS requirement as long as the PIC always maintains VLOS

capability. The VO and PIC must be able to communicate verbally at all times.

6. The operator must develop 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 the UAS.

These procedures must be added to the operator’s manual.

7. Prior to each flight the PIC must inspect the UAS to ensure it is in a condition

for safe flight. If the inspection reveals a condition that affects the safe operation

of the UAS, the aircraft is prohibited from operating until the necessary

maintenance has been performed and the UAS is found to be in a condition for

safe flight. The Ground Control Station, if utilized, must be included in the

preflight inspection. All maintenance and alterations must be properly

documented in the aircraft records.

8. Any UAS that has undergone maintenance or alterations that affect the UAS

operation or flight characteristics, e.g. replacement of a flight critical component,

must undergo a functional test flight in accordance with the operator’s manual.

The PIC who conducts the functional test flight must make an entry in the UAS
aircraft records of the flight. The requirements and procedures for a functional test

flight and aircraft record entry must be added to the operator’s manual.

9. The UA may not be operated directly over any person, except authorized and

consenting personnel, below an altitude that is hazardous to persons or property on

the surface in the event of a UAS failure or emergency.

10. Regarding distance from nonparticipating persons, the operator must ensure that

no persons are allowed within 500 feet of the area except those consenting to be

involved and necessary for the infrastructure inspection operations. This provision

may be reduced to no less than 200 feet if it would not adversely affect safety and the

Administrator has approved it.

11. If the UAS loses communications or loses its GPS signal, the UA must return to a

pre-determined location within the security perimeter and land or be recovered.

12. The UAS must abort the flight in the event of unpredicted obstacles or

emergencies in accordance with the operator’s manual.

13. Each UAS operation must be completed with 25% battery power remaining.

14. All aircraft operated in accordance with this exemption must be identified by

serial number, registered in accordance with 14 CFR part 47, and have identification

(N-Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must

be as large as practicable.

15. Each UAS operated under this exemption must comply with all manufacturer

Safety Bulletins.

16. The documents required under 14 CFR §§ 91.9 and 91.203 must be available to

the PIC at the Ground Control Station of the UAS any time the aircraft is operating.

These documents must be made available to the Administrator or any law

enforcement official upon request.

17. The UA must remain clear and yield the right of way to all other manned

operations and activities at all times (including, but not limited to, ultralight vehicles,

parachute activities, parasailing activities, hang gliders, etc.).

18. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1.

All operations must be conducted under visual meteorological conditions (VMC).

Flights under special visual flight rules (SVFR) are not authorized.

19. The UA may not be operated less than 500 feet below or less than 2,000 feet

horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.
20. ISBAP has no anticipated operations near or around airports. If this situation were to arise ISBAP 

would follow all outlined flight procedures discussed under this exemption as well as with all signed 

consent documents from the location to include all safety clearances. 

Support for Petition for Exemption

In accordance with the procedural requirements of 14 C.F.R. §11.81, ISBAP provides the following 

information:

Contact Information:

Randolph D. Dahl, Sr.

CEO

Interstate Builders

Aerial Photography Division

Butler, Pa 16001

724-287-3999

interstblder@aol.com

www.interstatebuilders.biz

Feel free to contact me at the number listed above or via the e-mail address should you have any 

questions or concerns in regards to this petition.

Respectfully Submitted, 

Randolph D. Dahl, Sr.

CEO, Interstate Builders (Arial Photography Division) 

* See attached supporting documents (Manufactures’ User Manual) in regards to specific sUAS currently 

contemplated for use under this petition. 
Summary for Federal Register Publication

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

Federal Register should the FAA determine that publication is needed.

Petitioner: Interstate Builders Aerial Photography Division (ISBAP)

Sections of 14 C.F.R. Affected:

333 Aircraft Exemption Status

14 C.F.R. §61.113(a) and (b)

14 C.F.R. §91.119(c)

14 C.F.R. §91.121

14 C.F.R. §91.151

14 C.F.R. §91.405(a)

14 C.F.R. §91.407(a)

14 C.F.R. §91.409(a)

14 C.F.R. §91.417(a)&(b)

Description of Relief Sought:

Petitioner seeks relief from the requirements of 333 Aircraft Exemption Status, 14

C.F.R., 61.113(a)&(b)), 91.119(c), 91.121, 91.151, 91.405(a), 91.407(a), 91.409(a), and

91.417(a)&(b) to conduct sUAS operations over ISBAP client’s owned or controlled

land, solely during daylight hours, to assist in the safe evaluation and analysis of

commercial, residential and industrial Real Estate and its intended operations. In general, sUAS 

operations are intended to be conducted in areas remote from both congested areas and airports. The 

nature of operations anticipated by ISBAP requires that the sUAS be flown at relatively low altitudes. 

ISBAP expects that in most instances, the sUAS will be flown less than 75 feet from the highest

structure along the path of the sUAS and in no instances will be flown higher than 400

feet above the ground. Accordingly, the risk of interference with other aircraft is minimal as well.