Gregory Tuzzolo

1 Randall Road Maynard, MA 01754

718.753.9061 greg@tuzzolo.com

Dear Sir or Madam:

This petition is being submitted on my behalf without legal counsel or consulting

services. I am writing to seek r elief from the following specific sections of Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations:

14 C.F.R. Part 21 14 C.F.R. 45.23(b) 14 C.F.R. 61.113(a) & (b) 14 C.F.R. 91.7(a) 14 C.F.R. 91.9(b) (2)

14 C.F.R. 91.109

14 C.F.R. 91.119

14 C.F.R. 91.121 14 C.F.R. 91.151(a) 14 C.F.R. 91.203(a) & (b) 14 C.F.R. 91.205(b)

14 C.F.R. 91.215

14 C.F.R. 91.401

- 91.417

Extent of Relief and the Reason I Seek Relief

I plan to operate a n Unmanned Aircraft System ( UAS ) , th e D JI PHANTOM 3 Professional, comprised of an unmanned aircraft (UA or Phantom 3) and a transportable ground station. The Phantom 3 is referred to as a quad

- copter with a maximum gross weight of about 3 pounds. It is equipped with four rotors that are driven by electric motors powered by batteries. The UA has a maximum airspeed of 16 m/s.

Also, g iven the small size of this UAS involved and the restricted controlled environment within which they will operate, the applicant fits within that zone of safety (an e quivalent level of safety) in which Congress envisioned that the FAA must, by exemption, allow commercial operations of UASs to commence immediately. Also due to the size of the

UASs and the controlled areas in which the relevant UAS will operate, approval of the application presents no national security issue. Given the following, the grant of the requested exemptions is clearly in the public interest: Gregory Tuzzolo proposes that the exemption requested herein apply to civil aircraft that have the charac teristics and that operate with the limitations listed herein. These limitations provide for an exceptional level of safety to operations.

These limitations and conditions to which Gregory Tuzzolo agrees to be bound when conducting commercial operations u nder an FAA issued exemption including:

1. The UAS will weigh less than 55 lbs.2. Flights will be operated within line of sight of operator.

3. Maximum total flight time for each operational flight will be 30 minutes.

4. Flights will be terminated at 15% battery power reserve.
5. Flights will be operated at an altitude of no more than 400 feet AGL

6. UAS operator will be trained and certified in the proper safety and operations of the UAS. The UAS will only operate within a controlled area as defined in the

Procedures

. 7. The operator will post advisor notice around the controlled area.

8. The operator will have been trained in operation of UAS generally and received

up

- to

- date information on the particular UAS to be operated as required.

9. If the UAS loses communications or loses its GPS signal, the UAS will have capability to return to a pre

- determined location within the S ecurity Perimeter and

land.

10. The UAS will have the capability to abort a flight in case of unpredicted obstacles or emergencies.

11. Operations for the purpos e of closed

- set motion picture and television filming are not permitted.

12. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g., replacement of a flight critical component, must undergo a functi onal test flight prior to conducting further operations under this exemption. Functional test flights may only be conducted by a PIC with a VO and must remain at least 500 feet from other people. The functional test flight

must be conducted in such a manne r so as to not pose an undue hazard to persons and property.

13. The operator is responsible for maintaining and inspecting the UAS to ensure that it is in a condition for safe operation.

14. Prior to each flight, the operator must conduct a pre

- flight inspectio n and determine the UAS is in a condition for safe flight. The pre

- flight inspection must account for all potential discrepancies, e.g., inoperable components, items, or equipment. If the inspection reveals a condition that affects the safe operation of

th e UAS, the aircraft is prohibited from operating until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight.

15. The operator must follow the UAS manufacturer’s maintenance, overhaul, replacement, inspection, and life limit requirements for the aircraft and aircraft
components.

16. Each UAS operated under this exemption must comply with all manufacturer safety bulletins.

17. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All operations must be conducted under visual meteorological conditions (VMC). Flights under special visual flight rules (SVFR) are not authorized.

18. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as denoted in the current FAA Airport/F acility Directory (AFD) or for airports not denoted with an ARP, the center of the airport symbol as denoted on

the current FAA

- published aeronautical chart, unless a letter of agreement with that airport’s management is obtained or otherwise permitted by a COA issued to the exemption holder. The letter of agreement with the airport management must be made available to the Administrator or any law enforcement official upon
request.19. The UA may not be operated less than 500 feet below or less than 2,000 feet horizontally from a cloud or when visibility is less than 3 statute miles from the
PIC.

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

pre

- determined location within the private or controlled

- access property.

21. The PIC mu st abort the flight in the event of unpredicted obstacles or emergencies.

22. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough available power for the UA to conduct the intended operation and to operate after that for at least five minutes or with the reserve power recommended by the manufacturer if greater.

23. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All operations shall be conducted in accordance with an ATO

- issued COA. The exemption holder may apply for a new or amended COA if it intends to conduct operations that cannot be conducted under the terms of the attached COA. 6

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

seria l 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.

25. Documents used by the operator to ensure the safe operation and fli ght of the UAS and any 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 enfor cement official upon request.

26. The UA must remain clear and give way to all manned aviation operations and

activities at all times.

27. The UAS may not be operated by the PIC from any moving device or vehicle.

28. All Flight operations must be conducted at least 500 feet from all nonparticipating persons, vessels, vehicles, and structures unless: a. Barriers or structures are present that sufficiently protect nonparticipating persons from the UA and/or debris in the event of an accident. The operator must ensure that nonparticipating persons remain under such protection. If a situation arises where nonparticipating persons leave such protection and are within 500 feet of the UA, flight operations must cease immediately in a manner ensuring the safety of nonpartici pating persons; and b. The owner/controller of any vessels, vehicles or structures has granted permission for operating closer to those objects and the PIC has made a safety assessment of the risk of operating closer to those objects and determined

that it does not present an undue hazard. The PIC, VO, operator trainees or essential persons are not considered nonparticipating persons under this exemption.

29. All operations shall be conducted over private or controlled

- access property with permission from the p roperty owner/controller or authorized representative. Permission from property owner/controller or authorized representative will be obtained for each flight to be conducted.

30. Any incident, accident, or flight operation that transgresses the lateral or ve rtical boundaries of the operational area as defined by the applicable COA must be reported to the FAA's U AS 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.Public Benefit

As a licensed landscape architect (Commonwealth of Massachusetts #4021), I plan to use the aerial imagery collected from the UAS operations in support of my work. Landscape architecture, as a licensed profession, holds the highest standard of professional conduct, with Health, Safety and Welfare at the core of its professional code. The work I perform as a landscape architect every day has been established as providing a clear public benefit, and this work would be supported and enabled through

the collecti on and use of aerial imagery made possible by the UAS and exemption from

your agency.

Public Saf et y

I, Gregory Tuzzolo, am petitioning for an exempti on to operate a DJI Phantom 3 with a

built

- in stabilized HD camera and GPS safety features which limit its ability to limit the height it flies above ground level (AGL), to limit the radius of the distance it flies from the operator and to exclude it from operations within designated Class B, C and D airspace including a no

- fly zone feature. Unmanned Aircraft System sUAVs are often seen as superior to helicopters as an aerial video gathering platform due to the smaller devices cheaper equipment and personne l cost, reduced noise and as such, a much smaller environmental impact which promotes public safety. The DJI Phantom 3 also has a failsafe function that is triggered in the event communication is lost between the sUAS

and the main controller transmitter. A t that time, the sUAS will return to its point of takeoff and land safety. If the connection is restored, the PIC can regain control of flight and land manually.

Accordingly, I respectfully request that the FAA grant the requested exemption s and are prepared to modify or amend any part of this request to satisfy the need for a n equivalent level of safety. Please contact me at any time if additional information or

clarifications are needed.

Sincerely,

Gregory Tuzzolo

718.753.9061