Justin V. Gregory

39 Aunt Park Lane, Newtown, CT 06470

203-948-9892

jvgregory@me.com

Re: Exemption Request Section 333 of the FAA Reform Act and Part 11 of the 

Federal Aviation Regulations from 14 CFR 61.113 (a) & (b) 14 CFR 91.9 (b) (2) 14 

C.F.R. 91.103 14 C.F. R. 91.119 14 C.F.R. 91.121 14 CFR 91.151 (a) 14 CFR 

91.405 (a) 14 CFR 407 (a) (1) 14 CFR 409 (a) (2) 14 CFR 417 (a) & (b)

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the 

Reform Act) and 14 C.F.R. Part 11, Justin V. Gregory, operator of Small 

Unmanned Aircraft Systems (“sUASs”) equipped to conduct aerial photography 

and videography for the real estate, construction, and film industries, hereby 

applies for an exemption from the listed Federal Aviation Regulations (“FARs”) to 

allow commercial operation of its sUASs, so long as such operations are 

conducted within and under the conditions outlined herein or as may be 

established by the FAA as required by Section 333.1

Justin V. Gregory request permission to use a small commercially-available 

quadcopter in the course of aerial real estate photography, construction-siteprogress-documentation, and land survey applications, as well as exploring the 

possibility of closed-set motion picture asset generation.

Current aerial video and photography projects require the hire of full size aircraft 

at a considerably higher level of risk and cost. The equipment we will be using 

weighs less than 10lbs and has various safety systems and overrides that in the 

event of loss of signal, guarantee that the aircraft return to the point of launch 

and safely land. Also, the equipment weighs considerably less than traditional 

aircraft and crew.

My partner and I are members of the class of responsible hobbyist operators 

and well-understand the safety procedures and how important check lists and 

well maintained aircraft are for public safety. Our time spent flying UAS has 

always abided by all FAA regulations and the pilots we hire will all be licensed, 

well-trained fliers with a history of responsible operation. We intend the 

business that your authorization will make possible to transition into a national 

brand, and as such take the requirements of conducting it in accordance with 

the most stringent safety and regulatory adherences to be of the utmost 

importance. In short, we are responsible, details-oriented people and riskavoiders intent on building a lasting business with full regulatory compliance as 

a major selling-point.

The equipment we are using is maintained to the highest standards. We perofrm 
preflight checks on batteries, airframe, motors and all equipment associated 

with the aircraft. We limit my flights to below 400 feet AGL and within line of 

sight. Our UAS is equipped with an auto pilot system in the event of loss of 

signal or loss of sight. The UAS is also equipped with an FPV camera that can 

be used in the event there is an emergency situation or disorientation. Your 

timely consideration of this application is most appreciated.

Sincerely Justin V. Gregory

Regulations from which the exemption is requested: 14 CFR 61.113 (a) & (b) 14 

CFR 91.9 (b) (2) 14 C.F.R. 91.103 14 C.F. R. 91.119 14 C.F.R. 91.121 14 CFR 

91.151 (a) 14 CFR 91.405 (a) 14 CFR 407 (a) (1) 14 CFR 409 (a) (2) 14 CFR 417 

(a) & (b)

sUASs operated by Justin V. Gregory weigh less than 15 pounds, including the 

payload (i.e. camera, lens, and gimbal). They operate at speeds of no more than 

35 knots, can hover, and can simultaneously move vertically and horizontally. 

Justin V. Gregory will only operate its sUASs in line of sight and will operate only 

within the secure area described in the FOPM. Such operations will insure that 

the sUAS will “not create a hazard to users of the national airspace system or 

the public.”

The small size of UASs and the restricted secure environment within which they 

will operate, Justin V. Gregory UAS operations adhere to the Reform Act’s 

safety requirements. Additionally, due to the size of the UASs, permission from 

relevant property owners or other applicable parties, and the limited areas in 

which they will operate, approval of this application presents no national 

security issues.

Based on the substantial level of safety surrounding the proposed operations, 

and the significant public benefit (enhanced safety), reduction in environmental 

impacts, the grant of the requested exemption is in the public interest. 

Accordingly, Justin V. Gregory respectfully requests that the FAA grant the 

requested exemption.

Aircraft And Equivalent Level Of Safety

The operating limitations proposed by Justin V. Gregory provide for at least an 

equivalent or higher level of safety because operations further enhance safety of 

aerial image collection using conventional aircraft.

The limitations and conditions include:

• The sUASs will weigh less than 10 pounds (the relevant DJI Inspire-1 clocks in 
at under 7).

• Flights will be operated within line of sight of a pilot and/or observer.

• Maximum flight time for each operational flight will be no more than 22 

minutes. Flights will be terminated at no less than 30% battery power reserve 

should that occur prior to the 22 minute limit.

• Flights will be operated at an altitude below 400 feet AGL, and not more than 

200 feet above an elevated platform from which filming is planned.

• Minimum crew for each operation will consist of the sUAS Pilot (with 

a minimum of a Sport pilot license) and the Visual Observer.

• A sUAS pilot will be Pilot in Command (PIC).

• The sUAS will only operate within a confined secure area as defined in the 

FOPM. Page 2 of 6

• A briefing will be conducted for planned sUAS operations prior to each day’s 

flight. All personnel performing duties within the boundaries of the safety 

perimeter are required to attend.

• The operator will obtain consent of all persons involved in the filming and 

ensure that only consenting persons will be allowed within 500 feet of the flight 

operation.

• The Pilot and observer must be trained in sUAS operations and have received 

current information on the particular sUAS to be operated, prior to the day of 

filming.

• The Observer and pilot will be able to communicate in both directions at all 

times during each flight.

• Written and/or oral permission from the relevant property holders will be 

obtained prior to flight operations.

• If the sUAS loses communications or loses its GPS signal, the sUAS will have 

the capability to return to the point of launch using the RTL safety future of the 

flight controller

14 C.F.R. § 61.113(a) and (b): Private Pilot Privileges and Limitations:

Pilot in Command Sections 61.113 (a) and (b) limit private pilots to noncommercial operations. Because the sUAS will not carry a pilot or passengers, 
the proposed operations can achieve the equivalent level of safety of current 

operations by requiring the PIC operating the aircraft to have a private pilot’s 

license rather than a commercial pilot’s license to operate a sUAS. Unlike a 

conventional manned aircraft, a sUAS is remotely controlled by a ground-based 

operator. The operational area is controlled and restricted, and all flights are 

planned and coordinated in advance. The level of safety exceeds that provided 

by a single individual holding a commercial pilot’s certificate operating a 

conventional aircraft. The risks associated with the use of a sUAS are so 

diminished from the level of risk associated with commercial operations 

contemplated by Part 61 allowing sUAS use by a sport pilot as the PIC exceeds 

the present level of safety sought by 14 C.F.R. §61.113 (a) and (b).

14 C.F.R. § 91.103:

Preflight Action Section 91.103 requires each pilot to preflight an aircraft before 

flight Page 3 of 6 to insure the safety of flight. As FAA approved rotorcraft flight 

manuals will not be used, an exemption is requested. However, an equivalent 

level of safety will be provided. The PIC will take all actions, including reviewing 

weather, flight battery requirements, landing and takeoff distances, and aircraft 

performance data before commencement of flight.

14 C.F.R. §91.119(c): Minimum Safe Altitudes

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 

91.119 provides, in pertinent part, that: “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.”

Because Justin V. Gregory requests authority to operate at altitudes no higher 

than 400 AGL, and not more than 200 above an elevated platform from which 

filming is planned, an exemption is needed to allow such operations. Except for 

the limited conditions stated in the FOPM, the sUAS will never operate higher 

than 400 AGL. It will, however, be operated in a restricted area within a security 

perimeter, where buildings and people will not be exposed to operations without 

their pre-obtained consent.

The equivalent level of safety will be achieved given the size, weight, and speed 

of the sUAS as well as the location where it is operated. No flight will be taken 

without the permission of property owners or local officials. Because of the 

advance notice to the property owners and participants in the filming activity, all 

affected individuals will be informed of the planned flight operations. Compared 
to flight operations for conventional aircraft, any risk associated with the 

proposed sUAS operations is far less than conventional aircraft operating at or 

below 500 AGL. In addition, the low-altitude operations and light weight of the 

DJI Inspire-1 will ensure separation between a sUAS and conventional aircraft.

14 C.F.R. §91.121: Altimeter Settings

Section 91.121 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 a sUAS may not have a barometric altimeter, but instead a GPS altitude data, 

an exemption is needed.

An equivalent level of safety will be achieved by the operator, pursuant to the 

FOPM and Safety Check list, confirming the altitude of the launch site shown on 

the GPS altitude indicator before flight.

14 C.F.R. §91.151(a): Fuel Requirements for Flight in VFR Conditions

Page 4 of 6 Section 91.151(a) prohibits an individual from beginning “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 . . . .” The typical battery powering the Justin V. Gregory sUASs 

provides less than 22 minutes of powered flight. To meet the 30-minute reserve 

requirement in 14 CFR §91.151, sUAS flight would not be possible. Given the 

limitations on the sUAS’s proposed flight area and its proposed operations 

within a predetermined location, a longer time frame for flight in daylight VFR 

conditions is reasonable. Furthermore, operating the sUASs in a tightly 

controlled area where only people, property owners, or official representatives 

who have signed waivers will be allowed, less than 30 minutes of reserve fuel 

does not engender the type of risk that §91.151(a) was intended to address.

I believe that safety can be achieved by limiting flights to 15 minutes or 30% of 

battery power, whichever occurs first. This restriction would be more than 

adequate to return the sUAS to the point of launch from anywhere in its limited 

operating area.

14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance 

Inspections

These regulations require that an aircraft operator or owner 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...,” and others 
shall inspect or maintain the aircraft in compliance with Part 43. Given that these 

sections and Part 43 apply only to aircraft with an airworthiness certificate, 

these sections will not apply to Justin V. Gregory operations.

Maintenance will be accomplished by the operator. An equivalent level of safety 

will be achieved because the DJI Inspire-1 are limited in size, will carry a small 

payload and operate only in restricted areas for limited periods of time. If 

mechanical issues arise, the sUAS can land immediately and will be operating 

from no higher than 400 feet AGL. As provided in the FOPM, the operator will 

ensure that the sUAS is in working order prior to flight, perform any required 

maintenance, and keep a log of any maintenance performed. Moreover, the 

operator is the person most familiar with the sUAS and best suited to maintain it 

in an airworthy condition.

Summary for Publication Pursuant to 14 C.F.R. Part 11,

The following summary is provided for publication in the Federal Register, 

should it be determined that publication is needed: Justin V. Gregory seeks an 

exemption from the following rules:

14 C.F.R. §§ 61.113(a) and (b); 91.103; 91.119(c); 91.121; 91.151(a); 91.405(a); 

91.407(a)(1); 91.409(a)(2); and 91.417(a) and (b) to operate Page 5 of 6 

commercially a small unmanned vehicle (55 pounds or less) in commercial 

image acquisition operations.

As established by the sUAS exemptions already granted by the FAA, allowing 

commercial operations of sUASs in agriculture, real estate, inspection, S & R, 

and film industries will enhance safety by reducing risk. Conventional survey, 

agricultural, mapping, inspection, and film operations, using turbine aircraft, 

operate at low altitudes and present the risks associated with aircraft that weigh 

around 4,000 pounds, and which carry large amounts of Jet A fuel. Such aircraft 

must also fly to and from the target location. In contrast, a sUAS weighing fewer 

than 55 pounds and powered by batteries eliminates virtually all of that risk 

given the small size and lack of combustible fuel. The sUAS is carried, and not 

flown, to target site. The DJI Inspire-1 sUAS carries no passengers or crew and, 

therefore, will not expose them to the risks associated with manned flights.

The operation of sUASs conducted in the strict conditions outlined in the FOPM 

will provide an equivalent level of safety supporting the grant of the exemption 

requested herein. The sUASs operate at slow speeds, close to the ground, and 

in a secure environment. As a result, they are far safer than conventional 

operations conducted with turbine helicopters flying near the ground and 

people.

Privacy
All flights will occur over private or controlled access areas with the property 

owner’s prior consent and knowledge. Recognizable images will only be 

recorded of people who have given their consent or otherwise have agreed to 

be in the area where active image acquisition will take place.

Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012 

(size, weight, speed, operating capabilities, proximity to airports and populated 

areas and operation within visual line of sight and national security) provide 

more than adequate justification to grant Justin V. Gregory requested 

exemption, allowing for Justin V. Gregory sUAS commercial operations for the 

listed industries pursuant to the included FOPM.

I can be reached at 203-948-9892 or jvgregory@me.com if further information is 

needed. Thank you.