February 8, 2016 

Petitioning for Exemption under Section 333 For 

Allen Roofing and Construction Inc. & Allen Real Estate Co LLC. 

Unmanned Aircraft Systems Integration Office 

Federal Aviation Administration 

800 Independence Avenue, SW 

Washington, DC 20591 

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 on land controlled by Allen Roofing and Construction Inc. & Allen 

Real Estate Co LLC both herein referred to as ARC INC. 

to assist in the safe evaluation, inspection of roof and construction projects and aerial 

photography and video operations for our clients. 

Allen Roofing and Construction Inc. & Allen Real Estate Co LLC. 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 (UAS) to assist in the safe evaluation, 

inspection of properties and aerial photography and video operations for our clients. 

This request is motivated primarily by the desire to maximize safety in infrastructure 

and operations. While an exemption would not eliminate the current need for in-person visual 

inspection required by various federal regulatory departments, it would allow Allen Roofing 

and Construction Inc. & Allen Real Estate Co LLC. to broadly evaluate assets and operations 

with UA, resulting in a safer and more efficient infrastructure network. 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), 1 that safe systems be permitted 

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

systems. 

1 P.L. 112-95, 126 Stat 11, February 14, 2012. 

2 Section 333(b) (2) specifically contemplates that the FAA may issue a certificate of waiver 

upon a finding that a type 

of UAS, as a result of its size, weight, speed, operational capacity, proximity to airports and 

populated areas, and 
operations within visual line of sight do not create a hazard to users of the NAS or the public or 

pose a threat to national security. 

Allen Roofing and Construction Inc. & Allen Real Estate Co LLC. 

Nathan Trappe, 

President/Owner 

241 ARC Lane PO Box 311 

Monona Iowa 52159 

Ph. 563.593.4135 

Fax 563.539.4137 

arcnathan@hotmail.com 

www.allenroofinginc.com 

Background Information 

Allen Roofing and Construction Inc. & Allen Real Estate Co LLC. is a fully licensed and 

insured roofing contractor company, and fully licensed and insured real estate company 

serving Iowa, Southern Minnesota and Southwest Wisconsin. 

We use Safe Operations of UA for inspections, Aero-Photography and Video of our Roofing and 

Construction projects. 

We understand that regulations and procedures must be strictly followed always for safety of 

people in ground and to no affect the safety of aerospace system. 

Operations: 

Roof Inspection, photography and video capture usage. 

Construction Site Inspection. Photography and video capture usage. 

Real Estate inspection, photography and video capture usage. 

Regulatory 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 of operations and by providing the FAA with valuable user experience 

on UA in a context with appreciable economic and societal benefits. As described more fully 

below, the requested exemption would permit the operation of UA under tightly controlled 

conditions, thus ensuring that operations will not have an adverse impact on safety. 

Additionally, the sheer amount of assets and the widely dispersed locations – in many 

instances far from sizeable population centers – means that visual inspection in all 
instances by company personnel can be inefficient. Aerial analysis by traditional fixed 

wing aircraft is impractical because the required altitudes for safe flight reduce visibility 

below meaningful levels – it is simply not possible to see all asset anomalies from such 

heights. Helicopters present better vantage points; however manned helicopters are much 

more costly, subject to human safety and carry highly explosive jet fuel making them 

impractical for deployment. By using UA for supplemental asset evaluation, I Allen Roofing and 

Construction Inc. & Allen Real Estate Co LLC. will be able to substantially upgrade its capacity to 

detect and address issues with the right-of-way and other assets before they become a problem 

for safe operations. Thus, the use of UA has the potential to improve efficiency, resulting in faster 

and safer delivery of goods, energy & natural resources vital to the U.S. economy. 

Granting an Exemption will not Adversely Affect Safety 

Allen Roofing and Construction Inc. & Allen Real Estate Co LLC. note that there is no applicable 

standard for an equivalency determination. Somehave argued that the appropriate standard is 

that for model aircraft, noting that their operations, if conducted for recreational purposes, 

would fall completely within the allowable operations for model aircraft. We believe it is 

difficult to argue that there is sufficient correlation between model operations controlled by 

the Academy of Model Aeronautics and the ones contemplated by Me. At the same time, it is 

clear that equivalency cannot be established for traditional, manned civil aircraft because the 

design and use profiles between traditional aircraft and UA are simply too different. As such, 

we believe it makes more sense to focus on why the contemplated operations would not 

adversely affect safety, which is all that §11.81(e) requires. 

Granting an exemption will not adversely affect safety. Allen Roofing and Construction Inc. & 

Allen Real Estate Co LLC. contemplate conducting UA operations over client owned or 

controlled land, solely during daylight hours, at altitudes well below that which would pose a 

risk to other aircraft. In general, UA operations are intended to be conducted in areas distant 

from both congested areas and airports. 

Moreover, because of the inherent risks presented by standard infrastructure 

operations, our clients have already taken steps to secure property against unauthorized 

public access. For example, substantial stretches of pipeline, utilities, railroad track and 

other sites are fenced, elevated, or otherwise secured to prevent access. Other 

long stretches of infrastructure are, as noted above, in very remote wilderness areas. The 

nature of operations anticipated by Allen Roofing and Construction Inc. & Allen Real Estate Co 

LLC. requires that the UA be flown at relatively low altitudes and relatively low speeds. Allen 

Roofing and Construction Inc. & Allen Real Estate Co LLC. expect that in most instances, the UA 

will be flown less than 75 feet from the highest structure along the path of the UA. 

Accordingly, the risk of interference with another aircraft is minimal. Allen Roofing and 

Construction Inc. & Allen Real Estate Co LLC. also plans to conduct UA operations at least three 

miles from any public airports (including heliports). In the event an operation needs to be 

conducted closer to an airport, ARC INC. will inform the airport operator and airport air traffic 

control tower of the contemplated operation and will comply with any directions issued by air 

traffic control at that airport. Approval of exemptions allowing commercial operations of UA in 

the infrastructure aerial inspection industry will enhance safety by reducing risk. Conventional 

operations, using jet or piston power aircraft, operate at extremely low altitudes just feet from 

the subject being inspected and in extreme proximity to people and structures; and present 

the risks associated with vehicles that weigh in the neighborhood of 4,000lbs., carrying 

large amounts of jet A or other fuel (140 gallons for jet helicopters). Such aircraft must 

fly to and from the inspection site. In contrast, a UA weighing fewer than 55 lbs. and 
powered by batteries eliminates virtually all of that risk given the reduced mass and lack 

of combustible fuel carried on board. The UA is carried to the inspection site. The 

UA will carry no passengers or crew and, therefore, will not expose them to the risks 

associated with manned aircraft flights. 

The operation of small UAs, weighing less than 55 lbs., conducted in the strict 

conditions outlined above, will provide an equivalent level of safety supporting the grant 

of the exemptions requested herein, including 333 Aircraft Exemption Status exempting 

the applicant from conventional aircraft requirements and allowing commercial 

operations. These lightweight aircraft operate at slow speeds, close to the ground, and in 

a controlled environment and, as a result, are far safer than conventional operations 

conducted with turbine helicopters operating in close proximity to the ground and people. 

The safety of those on the ground is protected by the fact that no one will be allowed into 

the area without the permission of the company. Security will be established for the flight 

area as part of the pre-flight control. Each individual within the secure area will be 

briefed prior to flight and will consent to being in the area. All others will be excluded 

from the area. 

Allen Roofing and Construction Inc. & Allen Real Estate Co LLC. will operate the UA within 

visual line-of-sight (i.e., no more than approximately 1 mile from the manipulator of the 

controls, or pilot in command (PIC)). PIC will conduct at least three take-offs and landings with 

the UA on which he or she is trained every 90 days. PIC’s will establish their qualifications thru 

a combination of aeronautical knowledge, UAS airmanship skills, and verification through 

testing of flight ability before any operations have commenced. Depending on the type of 

operation, additional ground-based visual observers may be employed as well. 

These observers will be within constant visual line of sight and in constant contact with the PIC. 

The visual observers will assist the PIC in avoiding objects near the UA There are no standards 

for either Private or Commercial UA pilot certificates. The safe operation and control of the UA 

as described in this application does not depend on the type of FAA license held by the PIC. 

Given the restricted and controlled airspace within which operations will take place, the key 

factors needed by the PIC are knowledge of the airspace within which the operation will take 

place and how that airspace fits into the National Airspace System (NAS). That knowledge can 

be and is gained primarily through ground school and not through flight training in fixed wing 

or rotor aircraft, nor is it dependent on the acquisition of a commercial or private pilot’s 

certificate. Those certificates demonstrate knowledge of the factors and skills needed for the 

safe operation of those types of aircraft (fixed wing or rotorcraft). It cannot be assumed that a 

commercial pilot, approved to operate a helicopter or fixed wing aircraft, has the skill or 

ability to safely operate a small unmanned aerial vehicle, operating at 400 AGL or lower, 

within strictly controlled pre-approved airspace. Besides knowledge of airspace 

regulations, dexterity in the control and operation of the UA acquired from actual 

operation of the aircraft is the most important factor in establishing an equivalent level of 

safety. 

If the PIC has acquired the necessary knowledge of airspace requirements, the relevant 

issues are (1) where the aircraft will be flown, (2) the size of the aircraft relative to what 

is being used today to accomplish the same mission, and (3) what precautions will be 

taken to ensure the safety of those in the area of operation Should there be a mishap, the UA 

being flown pose significantly less of a threat than the helicopters and fixed wing aircraft now 

being employed because they are a fraction of the size, carry no flammable fuel, do not carry 

crew or passengers, and pose an infinitesimal risk to others. This is in stark contrast to 
conventional aircraft that are flown to the site, carry explosive fuel, carry passengers and crew, 

and operate in a much larger area. 

From a practical standpoint, there are relatively few licensed full-scale aircraft pilots who 

are also qualified to fly the type of UA that are utilized for infrastructure image-capture 

operations. There are even fewer commercial pilots that can fly these UA – to the point 

that to do both is considered rare. Assuming that it is unlikely for a company to find a 

pilot that has both qualifications, that company would either have to source a qualified 

UA pilot to train and obtain a commercial certificate, or find a commercial certificated 

pilot who would be willing to learn to fly a UA to the competency level required for 

professional use. 

Minimum requirements for the PIC include: 

1) Valid State Issued Drivers License; 

2) A minimum of 5 take off and landings with specific make and model of UAS to be 

utilized for operations under the exemption 

3) A minimum of 2 hours as UA pilot with the make and model of UAS to be 

utilized for operations under the exemption in the preceding 90 days; 

4) Have read and understood the operators manual consisting of a knowledge & skill of the 

aircraft to be used. 

Allen Roofing and Construction Inc. & Allen Real Estate Co LLC. intends to use commercially 

available UA Components for UA. These 

UA systems will be tested for quality & safety by the manufacturer before being 

deployed to the field. The UA is less than 55 lbs. fully loaded, carries neither a pilot 

nor passenger, and operates exclusively within a secured area. Routine 

maintenance of the UA will be checked prior to each flight to verify that the UA will remain in 

safe and operational condition. 

Please see Appendix A, for Specific Type of UA. 

Notes Regarding: 14 C.F.R. Part 21, Subpart H 

In accordance with the statutory criteria provided in 

Section 333 of PL 112---95 in reference to 49 USC 44704, and in consideration of 

the size, weight, speed, and limited operating area associated with the aircraft and its 

operation, we request that this aircraft exemption meets the conditions of Section 333. 

Therefore, if granted Section 333 relief of 14 CFR part 21, and any associated noise 

Certification and testing requirements of part 36, is not necessary. 

Notes Regarding: 14 C.F.R. § 45.23 (b). Marking of the Aircraft 

Given the size of the UAV, two-inch lettering will be impossible. UA 

Will 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 will be as large as practicable. 

Notes Regarding: 14 CFR § 91.7(a) Civil Aircraft Airworthiness 

our request is based on the fact that no airworthiness certificate will be issued for 

the UA. our UA will not require an airworthiness certificate in accordance with 
14 CFR part 21, Subpart H. Based on the fact that an airworthiness certificate will not be 

issued, exemption from § 91.7(a) is not necessary. 

Notes Regarding: 14 CFR § 91.9(b)(2) Civil aircraft flight manual, marking & placard 

Certifications required, the original intent of these regulations was to display an aircraft’s 

airworthiness, certification, and registration documents so they would be easily available 

to inspectors and passengers. Based on the FAA Memorandum subject “Interpretation 

regarding whether certain required documents may be kept at an unmanned aircraft’s 

control station,” dated August 8, 2014, the requested relief from 14 CFR §§ 91.9(b)(2) 

and 91.203(a) and (b) is not necessary. 

Notes Regarding: §91.109 Flight instruction; Simulated instrument & certain flight tests 

Small UA, by their design, do not have fully functional dual controls. Flight control is 

accomplished through the use of a control box that communicates with the aircraft via radio 

communications. Aircraft being considered for use by Allen Roofing and Construction Inc. & 

Allen Real Estate Co LLC. allow the UA Allen Roofing and Construction Inc. & Allen Real Estate 

Co LLC. does not describe training scenarios in which a dual set of controls would be 

utilized or required, i.e. dual flight instruction, provided by a flight instructor or other 

company-designated individual, that would require that individual to have fully 

functioning dual controls. Rather, Allen Roofing and Construction Inc. & Allen Real Estate 

Co LLC. evaluates the qualification of its PICs based on their experience with the UA to be 

operated and verifies through evaluation, in lieu of formalized training. As such, Allen Roofing 

and Construction Inc. & Allen Real Estate Co LLC. does not seek relief from 14 CFR § 91.109. 

Notes Regarding § 14 CFR 91.119(b) 

Relief from § 14 CFR 91.119(b), operation over congested areas, is not applicable, 

because the Allen Roofing and Construction Inc. & Allen Real Estate Co LLC. operations will 

only be conducted within the secured area described herein. 

Allen Roofing and Construction Inc. & Allen Real Estate Co LLC. Safety Operations & 

Procedures Overview: 

Technology Considerations: 

Best-in-class, tried and proven technologies that are in advanced iterations. Software from 

highly-reputable industry partners will include features: 

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

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 15% 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 UA will have the capability to abort a flight in case of unpredicted obstacles 

or emergencies. 

6. On-Screen-Display (OSD) contains operating information to ascertain vehicle 

health at all times: speed, altitude, number of GPS satellites (when available), 

heading and voltage. 

7. 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. 

8. Altitude information will be provided to the UA 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/Physical: 

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 UA 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. UA Operated under this exemption will be marked in accordance with 14 CFR part 45 

Or as otherwise authorized by the FAA. 

Personnel: 

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

(pilot, gimbal op, director) 

2. Radio spectrum analysis for interference on the frequencies utilized for vehicle 

control/communication. 

3. A briefing will be conducted in regard to the planned UAS 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. 

4. The operator will obtain the consent of all persons involved in the UA operations 

and ensure that only consenting persons will be allowed within 50 feet of the flight 

operations. 

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

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

7. 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. 

Operations: 

1. The unmanned aircraft (UA) must weigh less than 55 pounds (25 Kg), 

including energy source(s) and equipment. Operations authorized by this petition 

of exemption are limited to the following aircraft described in Appendix A. 

Proposed operations of any other aircraft will require a new petition or a petition 

amendment to this request. 

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), as indicated by the procedures specified in the operator’s manual. 

All altitudes reported to ATC must be in feet 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, as specified on the PIC’s state issued drivers license. 

5. Operations may utilize a visual observer (VO) when practical. 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’s manual and this petition of exemption 

must be maintained and made available to the Administrator upon request. If a 

discrepancy exists between the conditions and limitations in this exemption and 

the procedures outlined in the operator’s manual, the conditions and limitations 

herein take precedence and must be followed. Otherwise, the operator must 

follow the procedures as outlined in its operator’s manual. 

The operator may update or revise its operator’s manual. It is the operator’s 

responsibility to track such revisions and present updated and revised documents 

to the Administrator upon request. The operator must also present updated and 

revised documents if it petitions for extension or amendment. If the operator 

determines that any update or revision would affect the basis for which the FAA 

grants this petition for exemption, then the operator must petition for amendment 

to their exemption. The FAA’s UAS Integration Office (AFS-80) may be 

contacted if questions arise regarding updates or revisions to the operator’s 

manual. 

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

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

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

maintenance has been performed and the UA 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 UA that has undergone maintenance or alterations that affect the UA 

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. 

9. The operator must follow the manufacturer’s UA aircraft/component, 

maintenance, overhaul, replacement, inspection, and life limit requirements. 

When unavailable, aircraft maintenance/component/overhaul, replacement, and 

inspection/maintenance requirements must be established and identified in the 

operator’s manual. 

At a minimum, requirements for the following must be 

included in the operator’s manual: 

a. Actuators / Servos; 

b. Transmission (single rotor); 

c. Powerplant (motors); 

d. Propellers; 

e. Electronic speed controller; 

f. Batteries; 

g. Mechanical dynamic components (single rotor); 

h. Remote command and control; 
i. Ground control station (if used); and 

j. Any other components as determined by the operator; 

The PIC must also meet the flight review requirements specified in 14 CFR § 61.56 

in an aircraft in which the PIC is rated on his or her pilot certificate. 

10. Prior to operations conducted, the 

PIC must have accumulated and logged, in a manner consistent with 14 CFR § 

61.51(b), a minimum of take offs and landings and 2 hours of total time as a UAS 

Pilot. Prior documented flight experience that was 

obtained in compliance with applicable regulations may satisfy this requirement. 

Training, proficiency, and experience-building flights can also be conducted 

under this petition of exemption to accomplish the required flight cycles and flight 

time. During training, proficiency, and experience-building flights, all persons not 

essential for flight operations are considered nonparticipants, and the PIC must 

operate the UA with appropriate distance from nonparticipants in accordance with 

14 CFR § 91.119. 

11. Prior to operations conducted for the purpose of infrastructure inspection, the 

PIC must have accumulated and logged, in a manner consistent with 14 CFR § 

61.51(b), a minimum of two hours as UAS pilot operating the make and model of 

UAS to be utilized for operations under the exemption and five take-offs and 

five landings in the preceding 90 days. Training, proficiency, experience building, 

and take-off and landing currency flights can be conducted under this 

petition of exemption to accomplish the required flight time and 90 day currency. 

During training, proficiency, experience-building, and take-off and landing 

currency flights all persons not essential for flight operations are considered 

nonparticipants, and the PIC must operate the UA with appropriate distance from 

nonparticipants in accordance with 14 CFR § 91.119. 

12. Prior to any flight operations authorized by this petition of exemption, the PIC 

and VO must have successfully completed a qualification process, as outlined in 

the operator’s manual. As this is a requirement stipulated by the operator, the test 

must be developed and implemented by a qualified person designated at the sole 

discretion of the operator. A record of completion of this qualification process 

must be documented and made available to the Administrator upon request. 

13. Prior to operations conducted for the purpose of infrastructure inspection, a flight 

demonstration, administered by an operator-approved and -qualified pilot must be 

successfully completed and documented. This documentation must be available for 

review upon request by the Administrator. Because the knowledge and airmanship 

test qualifications have been developed by the operator, and there are no established 

practical test standards that support a jurisdictional FAA FSDO evaluation and 

approval of company designated examiners, the petitioner will conduct these tests in 

accordance with the operator’s manual. 

14. 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. 

15. Regarding the distance from participating persons, the operator’s manual has 
safety mitigations for authorized and consenting personnel. At all times, those 

persons must be essential to the operations. 

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

no persons are allowed within 50 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 20 feet if it would not adversely affect safety and the 

Administrator has approved it. For example, an equivalent level of safety may be 

determined by an aviation safety inspector’s evaluation of the infrastructure 

inspection area to note terrain features, obstructions, buildings, safety barriers, etc. 

Such barriers may protect nonparticipating persons (observers, the public, news 

media, etc.) from debris in the event of an accident. 

17. If the UA 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 in 

accordance with the operator’s manual. 

18. The UA must abort the flight in the event of unpredicted obstacles or 

emergencies in accordance with the operator’s manual. 

19. Each UA operation must be completed with 15% battery power remaining. 

20. 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. 

21. The operator must develop procedures to document and maintain a record of the 

UA maintenance, preventative maintenance, alterations, status of 

replacement/overhaul component parts, and the total time in service of the UA. 

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

22. Each UA operated under this exemption must comply with all manufacturer 

Safety Bulletins. 

23. The operator must develop UA technician qualification criteria. These criteria 

must be added to the operator’s manual. 

24. The preflight inspection section in the operator’s manual must be amended to 

include the following requirement: The preflight inspection must account for all 

discrepancies, i.e. inoperable components, items, or equipment, not covered in the 

relevant preflight inspection sections of the operator’s manual. 

25. Before conducting operations, the radio frequency spectrum used for operation 

and control of the UA must comply with the Federal Communications Commission 

(FCC) or other appropriate government oversight agency requirements. 

26. 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. 

27. 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.). 

28. UA 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. 

29. The UA may not be operated by the PIC from any moving device or vehicle. 

30. 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. 

31. The UA may not operate in Class B, C, or D airspace without written approval 

from the FAA. The UA may not operate within 5 nautical miles of the geographic 

center of a non-towered airport as denoted on a current FAA-published aeronautical 

chart unless a letter of agreement with that airport’s management is obtained, and the 

operation is conducted in accordance with a NOTAM as required by the operator’s 

COA. The letter of agreement with the airport management must be made available to 

the Administrator upon request. 

32. Any incident, accident, or flight operation that transgresses the lateral or vertical 

boundaries of the operational area as defined by the applicable COA must be reported 

to the FAA’s UAs Integration Office (AFS-80) within 24 hours. Accidents must be 

reported to the National Transportation Safety Board (NTSB) per instructions 

contained on the NTSB Web site: www.ntsb.gov. Further flight operations may not 

be conducted until the incident, accident, or transgression is reviewed by AFS-80 and 

authorization to resume operations is provided. 

Support for Petition for Exemption 

In accordance with the procedural requirements of 14 C.F.R. §11.81, Allen Roofing and 

Construction Inc. & Allen Real Estate Co LLC. 

provides the following information: 

Allen Roofing and Construction Inc. & Allen Real Estate Co LLC. 

Nathan Trappe, 

President/Owner 

241 ARC Lane PO Box 311 

Monona Iowa 52159 

Ph. 563.593.4135 

Fax 563.539.4137 

arcnathan@hotmail.com 

www.allenroofinginc.com 

Regulatory Provisions from which Allen Roofing and Construction Inc. & Allen Real 

Estate Co LLC. 

seeks an Exemption 

Allen Roofing and Construction Inc. & Allen Real Estate Co LLC. 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) 
Allen Roofing and Construction Inc. & Allen Real Estate Co LLC. 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 Allen Roofing and 

Construction Inc. & Allen Real Estate Co LLC. 

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

provisions as well. 

14 C.F.R. §91.417(a) imposes certain maintenance record keeping requirements “as 

applicable”. 

Since none of the underlying requirements (e.g., inspection intervals) can be met and will 

require an exemption, Allen Roofing and Construction Inc. & Allen Real Estate Co LLC. 

believes a separate exemption should 

not be required for §91.417(a). 

The Extent of Requested Relief and the Reasons Relief is Needed 

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 UA, as well as its proximity to airports and 

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

airworthiness certificate in the areas and under the conditions contemplated by 

Allen Roofing and Construction Inc. & Allen Real Estate Co LLC. 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 UA 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 UA, 

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 UA. 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. 

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. 

Allen Roofing and Construction Inc. & Allen Real Estate Co LLC. will conduct the UA 

operations. The UA will fly at altitudes well below the permissible limits for other civil aircraft, 

eliminating the risk to other aircraft. 

§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. 

Allen Roofing and Construction Inc. & Allen Real Estate Co LLC. submits that the only relief 

it requires from §91.119 is 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. 

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 UA 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 UA 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. 

Operating the UA in a pre-defined area with less than 30 minutes of reserve 

fuel does not raise the type of risk contemplated by §91.151, i.e., that an aircraft could 

run out of fuel in the event it has to be flown to an alternate airport or circle the planned 

airport in the event of unanticipated conditions. 

We believe that a 15% battery reserve is more than sufficient to meet this objective 

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. 

§91.417 (a) & (b) 

Allen Roofing and Construction Inc. & Allen Real Estate Co LLC. 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 UA 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). Allen Roofing and Construction Inc. & Allen 

Real Estate Co LLC. 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. 

Please do not hesitate to contact me at the phone number or via the e-mail address 

provided above should you have any questions or concerns. 
Respectfully submitted, 

Allen Roofing and Construction Inc. & Allen Real Estate Co LLC. 

Nathan Trappe, 

President/Owner 

241 ARC Lane PO Box 311 

Monona Iowa 52159 

Ph. 563.593.4135 

Fax 563.539.4137 

arcnathan@hotmail.com 

www.allenroofinginc.com 

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: Allen Roofing and Construction Inc. & Allen Real Estate Co LLC. 

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 UA operations over our Client’s owned or controlled 

land, solely during daylight hours. UA operations are intended to be conducted 

in areas remote from both congested areas and airports. The nature of operations 

anticipated by Allen Roofing and Construction Inc. & Allen Real Estate Co LLC. requires that the 

UA be flown at relatively low altitudes. 
GLOSSARY OF ABBREVIATIONS 

AGL Above Ground Level 

AOI Area of Interest 

ATC Air Traffic Control 

ATO Air Traffic Organization 

AV Aerial Vehicle 

CFR Code of Federal Regulations 

COA Certificate Of Authorization 

FAA Federal Aviation Administration 

FAR Federal Aviation Regulation 

GCS Ground Control Station 

GPS Global Positioning System 

LOL Loss Of Link 

NAS National Airspace System 

NOTAM Notice To Airman 

PIC Pilot In Command 

Section 333 FAA Modernization and Reform Act of 2012 (FMRA) Section 333 

SO Safety Observer 

SOP Standard Operating Procedures 

UA Unmanned Aircraft 

UAS Unmanned Aircraft System 

VFR Visual Flight Rules 

VLOS Visual Line Of Site 

VMC Visual Meteorological Conditions 

VTOL Vertical Take-Off and Landing 

Specific type(s), make, and model 

DJI Phantom 3 Professional

See Attached Picture of our DJI Phantom 3 Professional and a PDF document 

with Manual and specs for DJI Phantom 3 Professional