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 

February 25,2016 

VIA CERTIFIED MAIL & FACSIMILE 

(202.493.2251) 

United States Department of Transportation 

Docket Management System 

c/o Docket Operations, M-30 

1200 New Jersey Avenue, S.E. 

Room W12-140, West Building Ground Floor 

Washington, D.C. 20590-0001 

._:; 

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

Dear Sir or Madam: 

Please allow this correspondence to serve as Arry' s Petition of Exemption pursuant to 

The Federal Aviation Administration Modernization and Reform Act of 2012, Public Law 112-

95 FEB. 14, 2012, Section 333 and Title 14, Section 111.81 of the Code of Federal 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 of inspecting 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 of its UAS on roofing projects will 

serve consumers in a number of ways. 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. The project photographs 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 of UAS 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 on jobsite safety. Roofing 

is one of the most dangerous professions in the United States today. The Occupational Safety 

.r"·, 
United States Department of Transportation 

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c/o Docket Operations, M-30 

February 25, 2016 

Page2 of6 

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% of all 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-work inspection and estimation process. 

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 of a 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 of a 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 are performed without the aid of PPE fall protection. 1 

Arry's use ofUAS seeks to avoid the safety hazards associated with pre-work inspections 

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 of the 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 any risk to human life. 

After a review of the foregoing safety and economic advantages, we believe that Arry's is 

entitled to an exemption under Section 333 of the 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 or equal to the rules we are seeking exemption from, and Arry's Petition represents 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 roof prior to actual work on the project. See, 29 CFR 

1926.500(a)(l). 
United States Department of Transportation 

Docket Management System 

c/o Docket Operations, M-30 

February 25, 2016 

Page3 of6 

profound public interest to the citizens of Florida and the construction industry across the United 

States due to the economic and safety impacts this technology can provide. 

The Unmanned Aircraft System 

Arry's is currently in the process of registering 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 of the Phantom UAS. 

Arry's UAS will be operated in a safe manner and the operator will remain mindful of the 

National Airspace at all times. The UAS will be operated with full visual line of sight, will carry 

onboard GPS guidance, and will operate at an al~tude of less than 200 feet in order to inspect 

residential roofing structures and related components. 

Arry's will utilize preflight checklists to ensure proper maintenance and prevent against 

malfunction or system failure. Please see the attached preflight checklist as contained within the 

user guide attached hereto as Exhibit "B." Furthermore, all repairs, maintenance, and battery 

change-outs will be accurately logged in order to 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. All frequencies shall comply with existing FCC bands. 

Arry's Pilot in Command, if required under present and current legislation, will hold an 

airline transport, commercial, private, recreational, or sport pilot certificate. The Pilot in 

Command, if required under present and current legislation, will also hold a current FAA airman 

medical certificate or a valid U.S. driver's license. Arry'sPilot in Command additionally meets 

the flight review requirements specified in 14 CFR § 61.56 for the Phantom UAS. 

Arry' s Pilot in Command will be: 

• Mr. Sean Drake 

• Mr. Drake has logged an estimated total of over 100 hours of UAS flight time and has 

continuously operated the referenced UAS for 3 years. . 

• Mr. Drake holds a current and valid driver's license granted by the State of Florida under 

license number D620783862260. 

•. Mr. Drake shall apply for and earn the required license needed to pilot the Phantom UAS. 

In addition to a properly licensed 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, safety procedures, and will serve to help identify any ground hazards. 
United States Department of Transportation 

Docket Management System 

c/o Docket 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 

of precipitation 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 of Authorization. Flights will remain below 200 feet and the UAS will remain 

within visual line of sight at all times. Furthermore, Arry's will obtain permission and approval 

prior to operating any UAS over private or public 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 of Title 14 

of the Code of Federal Regulations From Which Arry's Requests 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 

proximity to 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 operating range. 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 of UAS will meet or exceed the requirements set forth in 

Section 333. The UAS will be used in a restricted environment under strict limitations for speed, 

range, and altitude. Such an aircraft will be as safe or safer than 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 of UAS 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 of the foregoing, Arry' s proposed operations can achieve the equivalent level of safety 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 Department of Transportation 

Docket Management 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 sport pilot certificates are inapplicable and overly 

burdensome requirements when assessing the speed, size, operating range, safety risks, and 

overall weight of the Phantom UAS. The Phantom aircraft's maximum weight will never exceed 

1 kg, and the aircraft will be operated in limited and controlled settings far from airports ot other 

prohibited areas. Arry's pilot in command has significant training and experience with 

operating, maintaining, and controlling this UAS. Such prior training is specific and exclusive to 

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, or sport pilot certificate training. 

Arry' s seeks exemption from 14 CFR § 91.121 '--Altimeter Settings. The regulations 

contained within this provision seek to govern the cruising altitude or flight level of an 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 on the GPS indicator prior to each flight. 

Arry's seeks exemption from 14 CFR § 91.151 -Fuel Requirements for Flight in VFR 

Conditions. The regulations contained within this provision seek to 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 not have a battery life which will reach 

or exceed 30 minutes. The Phantom has a maximum flight time of25 minutes. As such, it is 

impossible for Arry's to meet the 30 minute fuel reserve requirement. However, the UAS 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 by ensuring that flights are limited to 12.5 minutes 

for .the Phantom. This will ensure that the UAS has over 50% of battery life left to return to its 

planned landing zone from anywhere within the confmed operating area. 

Arry's seeks exemption from the following provisions and regulations: 

1. 14 CFR § 91.405(a)- Maintenance Required; 

2. 14 CFR § 91.407(a)(1) - Operation After Maintenance, Preventative Maintenance, 

Rebuilding, or Alteration, 

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) -Maintenance Records. 
United States Department of Transportation 

Docket Management System 

c/o Docket Operations, M-30 

February 25, 2016 

Page 6 of6 

The regulations contained within these provisions seek to govern the types and nature of 

maintenance performed 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 the operation of an 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 of pre-flight inspections before and after 

each UAS flight. Maintenance requirements 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 of less than 200 feet and will undergo a 

comprehensive inspection prior to any flight. Additionally, the UAS operator has been trained to 

recognize potential malfunctions and possesses the technical knowledge to maintain the UAS in 

an airworthy condition. Such factors and precautions will allow Arry's to provide a greater or 

equivalent level of safety than the Code of Federal Regulations standards seek to require. 

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

can provide any further information regarding our petition and application for exemption. Arry's 

is prepared to modify and/ or amend any part of this request in order to meet the required levels 

of safety. 

Sincerely, 

ARRY'S ROOFING SERVICES, INC. 

Is/ Matthew Housh, Vice President 
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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 DJI Phantom 2 will have a maximum takeoff weight of 1.3 

kg. 

2) Arry's shall not use 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 per hour) and shall not operate any UAS 

beyond the airspeed recommended by the 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 of sight of the Pilot in 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 at all 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 Observer can perform the duties required of the Visual Observer. 

8) In the event this exemption is granted, all associated documents and conditions ("the 

operating documents") will be available for review during any UAS operation. 

9) Any UAS which undergoes maintenance or operation that affects the UAS operation or 

flight characteristics will undergo a functional test flight prior to 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 if any condition 

is revealed that affects safe operation, the UAS will be prohibited from operation until 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 under present regulations. 

15) The operator may not permit any Pilot in 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 operated under this exemption. 
" .. • 

16) UAS operations shall not take place at night. 

17) The UAS shall not operate within 5 nautical miles of an airport reference point. 

18) The UAS shall not operate within the vicinity of a cloud or when visibility is less than 3 

statute miles from the Pilot in Command. 

19)If the UAS loses communication, the aircraft will return to a pre-determined location 

within the private property or controlled-access property. 

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 available power for the UAS to conduct the intended operation. 

·· 22) All operations shall be conducted in accordance with an Air Traffic Organization 

Certificate of Waiver or Authorization if required by present law or regulation. 

23) Arry's UAS are identified by serial numbers, registered in accordance with 14 CFR Part 

47, and shall have identification markings in accordance with 14 CFR part 45, Subpart C. 

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 

shall be available to any FAA official or any law enforcement official upon request. 

25) The UAS shall remain 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 operation requires a safety assessment by the Pilot in Command. 

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 and permission shall be obtained prior to each flight. 

29) Arry's shall report any incident, accident, or flight operation which travels beyond the 

operational area as defined by present law.