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, construc tion

- site

progress

- 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 high er 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 equipmen t 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 trans ition 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 risk

avoiders 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 perofrmpreflight 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 ther e 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 i nsure 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.

Base d 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 le ast 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 c locks inat 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

shou ld 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 Pilo t (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 planne d 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 p ersons 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:

Pi lot in Command Sections 61.113 (a) and (b) limit private pilots to non

commercial 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 P IC 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 A ction 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 b e 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 e stablishes 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 congeste d 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 n ever 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 achie ved 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 t he filming activity, all affected individuals will be informed of the planned flight operations. Comparedto 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 a ircraft 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 a ltitude 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 daylig ht 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 t he 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 i n 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 othersshall 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

wil l 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 4 00 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 sUA S 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 reducin g 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 eq uivalent 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 helicop ters flying near the ground and people.

PrivacyAll 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 othe rwise 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.