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 relief 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 an Unmanned Aircraft System (UAS), the DJI 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, given 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 equivalent 

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 characteristics 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 under 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 Security 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 purpose 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 functional 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 manner 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 inspection 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 

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

has been performed and the UAS is found to be in a condition for safe flight. 

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/Facility 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 must 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 

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. 

25. Documents used by the operator to ensure the safe operation and flight 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 enforcement 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 nonparticipating 

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 property 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 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.
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 collection and use of aerial imagery made possible by the UAS and exemption from 

your agency.

Public Safety 

I, Gregory Tuzzolo, am petitioning for an exemption 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 personnel 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. At 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 exemptions and are 

prepared to modify or amend any part of this request to satisfy the need for an 

equivalent level of safety. Please contact me at any time if additional information or 

clarifications are needed.

Sincerely,

Gregory Tuzzolo

718.753.9061