ARRY'SROOFING SERVICES,INC.

401 East Spruce Street, Tarpon Springs, Florida 34689 Tel: 727.938.9565 

# I Fax: 727.938.6793 www.arrysroofing.com

February 25,2016

VIA CERTIFIED MAIL & FACSIMILE (202.493.2251)

United States Department ofTransportation DocketManagement System c/o Docket Operations, M-30 1200 New Jersey Avenue, S.E. RoomW12-140, WestBuilding Ground Floor Washington, D.C. 20590-0001 ._:;

RE: Arry's Roofing Services, Inc. ("Arry's")- Petitionfor Exemption

DearSir orMadam:

Please allow this correspondence to serve as Arry's Petition ofExemption pursuant to The Federal Aviation Administration Modernization and Reform Act of2012, Public Law 112- 95 FEB. 14, 2012, Section 333 and Title 14, Section 111.81 ofthe Code ofFederal Regulations (the "Petition").

This Petition shall serve as Arry's request for an exemption in order to fly a small Unmanned Aircraft System ("UAS") for the purpose ofinspecting construction projects. Arry's

use and operation of its UAS will be limited to aerial inspection and photography of roofing systems in order to ascertain project dimensions, roof slope, overall roof area, and related
measurements pertaining to pitch and height. Arry's use ofits UAS on roofing projects will

serve consumers in a number ofways. Through this technology, Arry's will be able to provide real time images and instantaneous estimates to American consumers so that they may make educated and well informed decisions about which type and method of roofing repair or installation they wish to purchase. Theprojectphotographs and all construction data will belong
to the homeowner to use as they see fit. The homeowner is free to use Arry's to perform the construction services, or look to other area providers for the services sought. Essentially, Arry's

use ofUAS technology allows for immediate and cost effective estimates to homeowners who

are then capable of selecting the best products and services at the best possible value. We believe that Arry's UAS will play a critical part in the economic success of our nation's construction industry by encouraging the free flow of accurate and instantaneous project information.

In addition to the economic advantages that UAS will have on the roofing industry and public consumers, the equipment will also have a remarkable impact onjobsite safety. Roofing is one of the most dangerous professions in the United States today. The Occupational Safety .r"·,

### United States Department ofTransportation DocketManagement System c/o Docket Operations, M-30 February 25, 2016 Page2of6

and Health Administration ("OSHA") has labeled the four leading causes of death in the construction industry as the "Focus Four Hazards." Those hazards include electrocution, struckby hazards, caught-in-between hazards, and falls. America's roofers are exposed to all the Focus Four Hazards on a daily basis, and falls are by far the most dangerous to the men and women of the roofing industry. According to OSHA statistics, 349 workers died as a result of a fall in 2014. OSHA calculates that falls account for over 39% ofall deaths in the construction industry, and many of these falls occur before actual work begins on construction projects due to the dangers associated with the pre-workinspection and estimationprocess.

Pursuant to OSHA regulations and standard building practices, roofers must perform a pre-work inspection and investigation of a roofing surface before any work begins. This inspection usually requires roofers to examine the walking and working surfaces for structural integrity. Additionally, roofers must measure and examine the entire working area in order to provide an accurate estimate for the cost of labor and materials on a specific project. These inspections are extremely dangerous due to the roofer's inability to utilize traditional fall protection equipment. Most roofers use Personal Protective Equipment ("PPE") to prevent falls during the actual roofing process. The PPE system requires roofers to drill into the existing decking ofa home and attach anchors which serve to secure and support the ropes and lanyards. These ropes and lanyards attach to each employee and act as a fall restraint or fall arrest system used to prevent falls. Traditional fall protection and PPE is not available during the inspection process because roofers are unable to penetrate an existing roof simply for inspection and estimation purposes. The anchor system requires roofers to remove the tile, shingles, cement, or other exterior covering and drill down into the decking ofa home. This option is not available to roofers until a homeowner elects to have the roofing work done to their home. Therefore, most inspections and estimates areperformed without the aid ofPPEfall protection. 1



### Arry's use ofUAS seeks to avoid the safetyhazards associated with pre-workinspections and estimates. Arry's UAS will be able to gather all pertinent information relating to the roofing system without the need for an actual inspector on the roof. Arry's UAS will allow for an aerial hazard analysis ofthe working surface and will provide all required data for estimation purposes. Essentially, Arry's will be able to use its UAS to search for compromised surfaces without risking the safety and health of an employee inspector. Arry's will also be able to provide a detailed estimate for the homeowner without anyrisk to human life.

After areview ofthe foregoing safety and economic advantages, webelieve thatArry's is entitled to an exemption under Section 333 ofthe FAA Modernization and Reform Act. Arry's policies and procedures for the use and operation of the UAS will provide a level of safety greater than orequal to the rules we are seeking exemption from, and Arry's Petitionrepresents a

1 Please note that OSHA maintains exceptions for roofers performing pre-work inspections for the reasons stated above. Pre-work inspections can be carried out by certain personnel without the aid of PPE equipment due to a roofer's inability to fasten an anchor system to an existing roofprior to actual work on the project. See, 29 CFR 1926.500(a)(l).United States Department ofTransportation DocketManagement System c/o Docket Operations, M-30 February 25, 2016 Page3 of6

profoundpublic interestto the citizens ofFlorida and the construction industry across the United States due to the economic and safetyimpacts this technology canprovide.

TheUnmannedAircraftSystem

Arry's is currently 

### in the process ofregistering a 

### DJ/Phantom 2 (the "Phantom"). The Phantom weighs approximately lOOOg and the unit has a maximum flight speed of 15m/s. The estimated maximum flight time for the Phantom is 25 minutes. Please see the attached Composite Exhibit "A" for copies of FAA registration documents and further details on the specifications ofthePhantomUAS.

Arry's UAS will be operatedin a safemanner and the operatorwill remain mindful ofthe National Airspace at all times. TheUAS will beoperated with full visual line ofsight, will carry onboard GPS guidance, and will operate at an**al~tude** ofless than 200 feet in order to inspect residentialroofing structures and related components.
Arry's will utilize preflight checklists to ensure proper maintenance and prevent against malfunction or system failure. Please see the attachedpreflightchecklist as contained within the

user guide attached hereto as Exhibit "B." Furthermore, all repairs, maintenance, and battery change-outs will be accurately logged 

### inorderto ensure efficient service and maintenance.

Arry's UAS will utilize a 2.4GHz ISM operating frequency which extends to a maximum range of 1000 meters. Allfrequencies shall comply with existing FCCbands.

Arry's Pilot 

### in Command, ifrequired under present and current legislation, will hold an airline transport, commercial, private, recreational, or sport pilot certificate. The Pilot in Command, ifrequired underpresent and currentlegislation, will also hold a currentFAA airman medical certificate or a valid U.S. driver's license. Arry'sPilot in Command additionally meets the flightreview requirements specified in 14 CFR § 61.56 for the Phantom UAS.

Arry's Pilotin Commandwill be:

• Mr. SeanDrake

• Mr. Drake has logged an estimated total ofover 100 hours ofUAS flight time and has continuously operated thereferencedUAS for 3 years.

. • Mr. Drakeholds a current and valid driver's license grantedbythe State ofFlorida under license numberD620783862260.

•. Mr. Drake shall apply for and earn therequired license needed to pilotthe Phantom UAS.

In addition to a properlylicensed Pilot in Command, Arry's will utilize a visual observer who will assist the Pilot 

### in Command. This visual observer shall understand the basic UAS operational systems, safetyprocedures, andwill serveto help identify any groundhazards.United States Department ofTransportation DocketManagement System c/oDocket Operations, M-30 February 25, 2016 Page4 of6

As referenced above, Arry's UAS will be inspecting residential roofing systems. These inspections will take place only during daylight hours when weather conditions are clear and free ofprecipitation or high winds. The UAS will operate outside of Class B Airspace and remain beyond a five mile radius from any Class D or Class C Airspace unless previously approved in Arry's Certificate ofAuthorization. Flights will remain below 200 feet and the UAS will remain within visual line ofsight at all times. Furthermore, Arry's will obtain permission and approval prior to operating any UAS overprivate orpublic property. For further information pertaining to the conditions and limitations under which Arry's shall operate its UAS, please see the attached Exhibit "C."

The Specific Sections ofTitle 14 ofthe Code ofFederal Regulations FromWhichArry'sRequests an Exemption

Arry's seeks exemption from 14 CFR Part 21, Subpart H -Airworthiness Certificates. This provision outlines the requirements and procedures for an airworthiness certificate for individuals who seek to operate civil aircraft within the United States. However, Section 333 of the Reform Act permits an exemption for UAS comparable to Arry's Phantom aircraft if such aircraft meet or exceed an equivalent level of safety pursuant to Section 333. Furthermore, the FAA is authorized to exempt certain aircraft from the airworthiness certification process under 14 CFR Part 21, Subpart H after considering the weight, size, speed, maneuverability, and proximityto sensitive areas such as airports and densely populated municipal centers.
Arry's UAS meets or exceeds the elements contained within Section 333. The UAS at issue in this Petition has limited size, speed, and operatingrange. Furthermore, Arry's UAS will
not be operated within the proximity of airports or other sensitive areas. In light of the foregoing, it is clear that Arry's use ofUAS will meet or exceed the requirements set forth in Section 333. The UAS will beused in a restricted environment under strict limitations for speed, range, and altitude. Such an aircraft will be as safe or saferthan a conventional aircraft operating with an airworthiness certificate without the restrictions and conditions proposed upon Arry's UAS.

Arry's seeks exemption from 14 CFR § 61.113(a) and 14 CFR § 61.113(b)- Private Pilot Privileges and Limitations: Pilot In Command. The regulations contained within these provisions seek to limit private pilots to only non-commercial applications. However, due to Arry's use ofUAS in a residential construction application, there will be no transportation of pilots or passengers. Additionally, Arry's UAS has limited size, weight, speed, and operational capabilities and the aircraft will only operate in tightly controlled and limited airspace. As a result ofthe foregoing, Arry's proposed operations can achieve the equivalent level ofsafety of current air-craft operations that presently require a commercial pilot's license. Furthermore, Arry's use of a UAS will meet or exceed present safety standards while benefiting the public interest.

## ..

United States DepartmentofTransportation DocketManagement System c/o Docket Operations, M-30 February 25, 2016 Page 5 of6

Arry's seeks an additional exemption to the rules and regulations governing Airman Certificates as contained within 49 United States Code, Section 44703. To the extent that the Federal Aviation Administration has the ability,jurisdiction, and governing power to grant such

an exemption under the United States Code, it is Arry's position that airman certificates, airline transport, commercial, private, recreational, or sportpilot certificates are inapplicable and overly burdensome requirements when assessing the speed, size, operating range, safety risks, and overall weight ofthe Phantom UAS. ThePhantom aircraft's maximum weightwill never exceed 1 kg, and the aircraft will be operated inlimited and controlled settings far from airports otother prohibited areas. Arry's pilot in command has significant training and experience with operating, maintaining, and controlling this UAS. Suchpriortraining is specific and exclusiveto this aircraft and its associated technology. This training and past experience provides a level of expertise and knowledge specific to UAS which is beyond the training provided with any airline transport, commercial,private, recreational, orsportpilotcertificatetraining.

Arry's seeks exemption from 14 CFR § 91.121 '--Altimeter Settings. The regulations contained within this provision seek to govern the cruising altitude orflight level ofan aircraft as it relates to altimeter settings. This provision is inapplicable.to Arry's due to the fact that the UAS uses electronic GPS systems with. barometric sensors to measure altitude. Arry's UAS does not possess an altimeter as described in 14 CFR 

### § 91.121. However, Arry's can reach or exceed this safety requirement by ensuring that the drone operator confrrms the altitude of the launch site shown onthe GPS indicatorpriorto eachflight.

Arry's seeks exemption from 14 CFR § 91.151 -Fuel Requirements for Flight in VFR Conditions. Theregulations contained within this provision seekto govern the fuel requirements for pilots and ensure that day time flights in an airplane begin with enough fuel to fly for at least 30 additional minutes after arrival at the predetermined destination. This provision ·is inapplicable to Arry's due to the fact that Arry's UAS do nothave a battery life which will reach

or exceed 30 minutes. The Phantom has a maximum flight time of25 minutes. As such, it is impossible forArry'sto meetthe 30minute fuel reserve requirement. However, theUAS will be operating in a limited flight area and within a confined flight distance. Arry's can meet or exceed the present fuel reserve requirements byensuring that flights are limited to 12.5 minutes for.the Phantom. Thiswill ensure that the UAS has over 50% ofbattery life left to return to its plannedlanding zone from anywhere within the confmed operating area.
Arry's seeks exemption from the following provisions andregulations:

1. 14 CFR § 91.405(a)- MaintenanceRequired; 2. 14 CFR § 91.407(a)(1)

- Operation After Maintenance, Preventative Maintenance, Rebuilding, orAlteration, 3. 14 CFR § 91.409(a)(1) and 14 CFR § 91.409(a)(2)-:- Inspections, 4. 14 CFR § 91.417(a) and 14 CFR § 91.417(b)-MaintenanceRecords.United States Department ofTransportation DocketManagement System c/o Docket Operations, M-30 February 25, 2016 Page 

### 6 of6

The regulations contained within these provisions seek to governthe types and nature of maintenanceperformed on an aircraft. The referenced regulations further state that the operation of an aircraft which has undergone maintenance, preventative maintenance, rebuilding, or alteration is prohibited unless the aircraft has been inspected and approved by a properly authorized individual. Additionally, these provisions prohibit theoperation ofan aircraft unless that aircraft has undergone an airworthiness inspection in the last 12 months.

These regulations, ·and the inspections which they require, are limited to aircraft which require airworthiness certificates. Arry's has applied for an exemption with regard to an airworthiness certificate, and as such, the referenced maintenance regulations will not apply to Arry's UAS. However, Arry's will perform a series ofpre-flight inspections before and after each UAS flight. Maintenancerequirements will be carried out in accordance with the UAS user manuals and guides. These pre and post flight inspections will offer an equal or greater amount of safety due to the limited size, speed, and operating range of the · UAS. In the event that · mechanical malfunction does occur, the UAS can be landed immediately due to limited range and size. The UAS will operate at a maximum altitude ofless than 200 feet and will undergo a comprehensive inspection prior to any flight. Additionally, the UAS operatorhas been trained to recognize potential malfunctions and possesses the technicalknowledge to maintain the UAS in

an airworthy condition. Such factors and precautions will allowArry's to provide a greater or equivalent level ofsafety than the Code ofFederal Regulations standards seekto require.

Thank you for your attention to this matter and please do not hesitate to contact us ifwe

canprovide any further informationregarding ourpetition and application for exemption. Arry's is prepared to modify and/ or amend any part ofthis request in order to meet the required levels ofsafety.

Sincerely,

ARRY'SROOFING SERVICES,INC.



### Is/Matthew Housh, Vice President

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# . Exhibit "C"ARRY'S ROOFING SERVICES,INC.

401 East Spruce Street, Tarpon Springs, Florida 34689 Tel: 727.938.9565 

# I Fax: 727.938.6793

www.arrysroofing.com

CONDITIONS AND LIMITATIONS

Arry's shall adhere to the following conditions and limitations during the operation of any UAS which is granted exemption status from the Federal Aviation Administration:

1) The only UAS utilized by Arry's at this time and under this exemption shall be the DJI Phantom 2. In the event Arry's wishes to add additional aircraft, this petition will be amended accordingly. The DJIPhantom 2 will have a maximum takeoff weight of 1.3 kg. 2) Arry's shall notuse any UAS for the purpose of**closed~set** motion picture and television filming. 3) Arry's UAS has a maximum operating speed of 15 m/s. Arry's shall not operate any UAS at a speed greater than 87 knots (100 miles perhour) and shall not operate any UAS beyond the airspeed recommendedbythe aircraft manufacturer. 4) Arry's UAS will not be operated at an altitude of greater than 200 feet above ground level. 5) The UAS will be operated within visual line ofsight ofthe Pilotin Command at all times. 6) All operations will include a visual observer and this observer shall be able to communicate verbally with the Pilot in Command atall times. 7) The Pilot in Command will be designated before the flight and will not transfer his designation for the duration of the flight. The Pilot in Command will ensure that the Visual Observercanperformthe duties required ofthe Visual Observer. 8) In the event this exemption is granted, all associated documents and conditions ("the operating documents") will be available for review during anyUAS operation. 9) Any UAS which undergoes maintenance or operation that affects the UAS operation or flight characteristics will undergo a functional test flight priorto further operations. 10)Arry's is responsible for maintaining and inspection the UAS to ensure that it is in a condition for safe operation. 11)Pre-flight inspections will be carried out by the Pilot in Command prior to each flight. This pre-flight inspection will account for all potential discrepancies and ifany condition is revealed that affects safe operation, the UAS will beprohibited from operationuntil the necessary maintenance is performed. 12)Arry's operator shall follow all UAS manufacturer maintenance and inspection requirements for the aircraft and aircraft components. 13)Each UAS operated under this exemption will comply with all manufacturer safety bulletins. 14)Arry's Pilot in Command shall hold the appropriate license or certificate to operate the aircraft when one is required underpresentregulations. 15)The operator may notpermit any Pilotin Command to operate any UAS unless that pilot in command demonstrates the ability to safely operate the UAS in a manner consistent with how the UAS will be operatedunder this exemption.

## "



# .. •

16)UAS operations shall not takeplace atnight. 17)TheUAS shall notoperate within

### 5 nautical miles ofan airportreferencepoint. 18)The UAS shall not operate within the vicinity ofa cloud or when visibility is less than 3
statutemiles from the PilotinCommand. 19)If the UAS loses communication, the aircraft will return to a pre-determined location within theprivateproperty orcontrolled-accessproperty. 20)The Pilot in Command shall abort the flight in the event of unpredicted obstacles or emergencies. 21)The Pilot in Command shall not begin a flight unless there are satisfactory weather conditions and enough availablepowerfor the UAS to conducttheintended operation.

·· 22)All operations shall be conducted in accordance with an Air Traffic Organization Certificate ofWaiver orAuthorization ifrequired bypresentlaw orregulation. 23)Arry's UAS are identified by serial numbers, registered in accordance with 14 CFR Part 47, and shall haveidentification markings in accordance with 14 CFRpart45, SubpartC. 24)All operating documents as required under the Code of Federal Regulations shall be available to the Pilot in Command any time the aircraft is operating. Such documents shallbe available to any FAAofficial orany law enforcementofficial uponrequest. 25)TheUAS shallremain clear and give way to all manned aviation operations and activities

· at all times. 26)The UAS shall not be operated by the Pilot in Command from any moving vehicle or device. 27)All flight operations shall be conducted at least 500 feet from all nonparticipating persons, vessels, vehicles, and structures. However, this requirement is subject to exemption when barriers or structures exist which sufficiently protect non-participating parties or the adjacent property owners have granted permission for the operation. Any such operationrequires a safety assessmentbythePilotinCommand. 28)All operations shall comply with state and local laws with regard to permission, privacy, and trespass regulations. The UAS may only operate over private or controlled-access property andpermission shallbeobtainedpriorto each flight. 29)Arry's shall report any incident, accident, or flight operation which travels beyond the operational area as definedbypresentlaw.