176 4 County Road 39 - Southampton, NY 11968 631.283.7373 * www.tortorella.com To: United States of America Department of Transportation Federal Aviation Administration Docket Management System 1200 New

Jersey Avenue, SE Washington, DC 20590 RE: In the matter of the Petition for Exemption of: **J. Tortorella Swimming Pools, Inc.** for an exemption seeking relief from the requirements of Title 14 of the Code of Fe deral Regulations concerning operation of small Unmanned Aircraft Systems Exemption Request Pursuant to Section 333 of the FAA Reform Act of 2012 Dear Sir or Madam, This letter is for the purpose of petitioning the Secretary of Transportation and Federal Aviation Administration for exemption to the below

referenced Federal Aviation Regulations that currently apply to Unmanned Aircraft Systems (UAS). An exemption is reque sted in order for John Tortorella and J. Tortorella Custom Gunite Pools to operate a small unmanned aircraft system (sUAS) commercially in airspace regulated by the Federal Aviation Administration (FAA) for the purposes of: aerial photography/videography/surveyi ng, construction site inspection and monitoring, wildlife and forestry monitoring, education and research operations, and other flight operations that could be performed safely and more cost effectively with the use of a sUAS, at low altitude, within the U .S. national airspace system as compared to a manned aircraft. John Tortorella and J. Tortorella Custom Gunite Pools is a custom gunite swimming pool company that has been in business for over 30 years on the East End of Long Island, NY. S afety is a prim ary concern of John Tortorella and J. Tortorella Custom Gunite Pools with all of our equipment, vehicles, and the employees who w ork with and operate them. It is our aim to ensure all operations of comprehensive Flight Procedures and Operations Manual and the Safety Management Systems will be strictly followed. We hope to show

that enhanced safety may be achieved using an unmanned aircraft (UA) with the specifications described by the petitioner and carrying no passengers or crew , rather than a manned aircraft of significantly greater proportions, carrying crew i n addition to flammable fuel, gives the FAA good cause to find that the UAS operation enabled by this exemption is in the public interest. This exemption is consistent with other grants of exemption. From Petitioner: John Tortorella , Pres., J. Tortore lla Custom Gunite Pools 1764 County Road 39 Southampton, NY 11968 631 - 283 - 7373 (o); 631 - 283 - 4697 (f) Info@tortorella.com Larie@tortorella.com**Regulation Exemptions Sought:**

Subpart A
– General

- 14 C FR 91.7(a)
– Civil Aircraft Airworthiness Subpart B
– Flight Rules

- 14 CFR 91.119(b) and (c)
– Minimum Safe Altitudes, Congested Area

- 14 CFR 91.121
– Altimeter Settings

- 14 CFR 91.151 (a) and (b)
– Fuel Requirements for Flight in VFR Conditions Subpart E
– M aintenance, Preventative Maintenance, and Alterations

- 14 CFR 91.405(a)
– Maintenance Required

- 14 CFR 91.407
– Operation After Maintenance, Preventive Maintenance, Rebuilding or Alteration

- 14 CFR 91.409
– Inspections

- 14 CFR 91.417 (a) and (b)
– Maintenance Records Equivalent Level of Safety **Subpart A –**  **14CFR 91.7(a) –**  **Civil Aircraft Airworthiness**

- This regulation requires that no person may operate a civil aircraft unless it is in airw orthy condition. Because no air wo rthiness certificate has been issued for the aircraft, no FAA regulatory standard exists for determining airw orthiness. Given the size of the aircraft and the requirements contained in the Operations Manual for the use of an inspection checklist prior t o each flight, an equivalent level of safety will be provided. **Subpart B –**  **14 CFR 91.119(b) –**  **Minimum Safe Altitudes, Congested Area**

- Paragraph (b) of this section states that the minimum safe altitude “over any congested area of a city, town, or settlement, or over any open air assembly of persons, [is] an altitude of 1,000 feet above the highest obstacle within a horizontal radius of 2,000 feet of the aircraft .” John Tortorella and J. Tortorella Custom Gunite Pools proposes to conduct flights on private p roperty that may lie in areas considered to be “congested”. Operational data w ill be collected at or near zero ground speed, and at altitudes below 400 feet AGL. They will be conducted entirely over private property with permission granted, and at an alt itude and in a fashion that should a pow er unit fail, procedures that will ensure that an emergency landing can be made without undue hazard to persons or property on the surface and w ithout leaving the private property. **Subpart B –**  **14 CFR 91.119(c) –**  **Min im**  **um Safe Altitudes, Other Than Congested Area** 

- Paragraph (c) of this section states that the minimum altitude allow ed “over other than congested areas [be] 500 feet above the surface, except over open w ater or sparsely populated areas. In those cases, the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or structure.”

- The operations proposed by this exemption require that operations be conducted in close proximity to structures. Under section (c), it is requested that no r estrictions with regard to minimum distances from structures, vessels, and vehicles, and a 200 - foot minimum distance from persons not associated w ith the operation be granted. John Tortorella and J. Tortorella Custom Gunite Pools further requests that wit h regard to crew

required for the operation of the UAS, no minimum distance be required.

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**Subpart B –**  **14 CFR 19.121 –**  **Altim eter Settings** 

- This regulation requires the pilot to set the altimeter to the current “altimeter setting” or ground elevation along the route of flight. This regulation does not pertain to the operation of UAS because the altimeter is specifically intended to be read by the onboard pilot. Neither the pilot nor altimeter are onboard the UAV. Operations will typically be avoided around airports, so there will not be a local altimeter setting available. Also, there is no “route of flight”, as all operations will be withi n visual range of the PIC. The PIC w ill need to know the height of the aircraft above the ground primarily to keep from venturing into airspace used by manned aircraft. That information is sent to the pilot in real time via telemetry, and is rendered in feet AGL. This arrangement satisfies the intent of the regulation and provides for an equivalent degree of safety. **Subpart B –**  **14 CFR 91.151 (a) and (b) –**  **Fuel Requirements For Flight in VFR Conditions**

- Paragraph (a) of this regulation states in pertinent part, “no person may begin a flight in an airplane unless there is enough fuel to fly to the first point of intended landing and, assuming normal cruising speed...during the day, to fly after that for at l east 30 minutes.” This part pertains to airplanes, and while a sUAS is not certificated and is therefore neither an airplane nor rotorcraft, its flight characteristics can be associated with a rotorcraft or airplane, so paragraph (b) rotorcraft w ould also be appropriate. Paragraph (b) requires the craft to be able to fly to the point of intended landing and thereafter for 20 minutes.

- John Tortorella and J. Tortorella Custom Gunite Pools proposes to employ battery - powered sUAS that cannot comply with the r equirements of 91.151(a ) or (b). How ever, telemetry provides a constant indication of remaining power, along with a low - voltage visual and audible warning when the pow er gets critically low. In this event, the sUAS can be landed safely within a minute or tw o while maintaining some pow er in reserve. The Petitioner requests that the reserve requirement be set at 20% battery life instead of a metered amount of minutes. **Subpart E –**  **14 CFR 91.405(a) –**  **Maintenance, Preventative Maintenance, and Alterations**

- Th is section requires periodic inspections, repairs made as necessary , and those procedures documented. Inspections will be performed before the first flight of each day and repairs completed in accordance with the appropriate operations manuals, thus assuring an equivalent level of safety. **Subpart E –**  **14 CFR 91.407 –**  **Operation after Maintenance, Preventative Maintenance, Rebuilding, or Alteration** 

- This section requires that after maintenance, proper entries be made in the aircraft record, and that necessar y certain checks, including flight checks be performed. Flight checks will be performed prior to the first flight of the day in accordance w ith the appropriate operations manuals to ensure proper functionality of all systems and components. **Subpart E –**  **1 4 CFR 91.409**  **– Inspections** 

- This section requires that annual and 100 - hour inspections be performed on certain aircraft, and that they be returned to service by properly authorized personnel. John Tortorella and J. Tortorella Custom Gunite Pools asserts th at personnel that operate the sUAS have received training on its proper care and maintenance, and are as qualified to determine that it is in condition for safe flight as the personnel authorized by 43.7, thereby achieving an equivalent level of safety.**Subpart E –**  **14 CFR 91.417 (a) and (b) –**  **Maintenance Records**

- This section describes requirements for maintenance recordkeeping. John Tortorella and J. Tortorella Custom Gunite Pools will m aintain records of all inspections, maintenance, alterations, and repairs. They will be kept on site by the PIC and w ill be available to the Administrator or his representative. **Equipment** : John Tortorella and J. Tortorella Custom Gunite Pools w ill use the following aircraft and equipment according to the procedures detailed in the safety, operation, maintenance and user manual:

- (1) YUNEEC Typhoon Q500+ (Serial # YV15220667B02D01) Design and operational characteristics for the aircraft (e.g. aircraft performance, and performance limitations, operating pro cedures, and aircraft loading information) can be found in the attached User and Operations Manual and at: https://www.yuneec.com/download/manuals/q500_4k_user_manual.pdf The aircraft listed is an industry leading consumer product with a proven track record for safe operation. The equipped automatic flight components compliment manual control and enhance the safe operation under various operating conditions. During all phase s of flight, the PIC will remain with the ability to directly control the flight path of the sUAS. The Radio Frequency (RF) spectrum used for control of the sUAS and associated equipment is, 2.4 GHz , and complies with all government oversight requirements , including the Federal Communications Commission. **Flight and Safety Operations / Procedures:** Technology

- Flights will be terminated at 20% battery power reserve

- The sUAS will have the capability to abort a flight in the case of unpredicted obstacles or emergencies

- On - Screen display (OSD) contains operating information to ascertain equipment status at all times: speed, altitude, GPS satellites, heading and voltage Mechanical

- Flight operations will be VLOS

- The sUAS will weigh less than 55 lbs. and travel at a speed less than 100 mph

- Batteries will be charged and tested to ensure power exists for the flight operation +20%

- Flights will be operated at an altitude no more than 400 feet AGL

- The equipment operated under this exemption will be registered and marked accordingly to guidelines in the grant of exemption Personnel

- Visual observers will ensure safe operation and may satisfy the VLOS for the PIC as long as the PIC maintains VLOS capability

- A pre - flight briefing will be conducted before planned sUAS operations prior to flight activity. Participation is mandatory for all personnel who will be performing duties within the boundaries of the safety perimeter- Consent will be obtained for all personal involved in the sUAS operation and no non - consenting individuals will be restricted access to the safety perimeter

- PIC and VO will m aintain the capability of unaided oral communication

- Permission will be obtained from the property owner in advance of flight operations **Operations:** John Tortorella and J. Tortorella Custom Gunite Pools w ill only operate the equipment under the following conditions:

- At a gross weight that is under 55 lbs.

- Operations for the purpose of closed - set motion picture and television filming will not be conducted without a separate w aiver/authorization permitting such activities

- At speed not to exceed 100 miles per hour or the aircraft manufacture recommended maximum speed

- At an altitude below 400 feet AGL

- Within VLOS of the PIC at all times. Where the PIC is able to maintain VLOS with human vision unaided by any device other than corrective lenses, as specified on the PIC’s FAA - issued airman medical certificate or U.S. driver’s license

- Will utilize a visual observer (VO) where the aircraft is operated within the visual line of sight (VLOS) of the PIC and VO at all times. The VO may be used to satisfy the VLOS requirement, but the PIC w ill alw ays maintain VLOS capability. The VO and PIC w ill be able to communicate verbally at all times; electronic messaging or texting will not be permitted during flight operations. The PIC w ill be designated before the flight and will not transfer his or her designation for the duration of the flight. The PI C will ensure that the VO can perform the duties required of the VO.

- The operating documents will be accessible during UAS operations and made available to the Ad ministrator upon request. If a discrepancy exists between the conditions and limitations in the exemption and the procedures outlined in the operating documents, the conditions and limitations of the exemption take precedence and will be followed

- Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight charact eristics, e.g. replacement of the flight critical component, will undergo a functional test flight prior to conducting further operations. Functional test flights will only be conducted by a PIC with a VO and will remain at least 500 feet from other peopl e. The functional test flight will be conducted in such a manner so as to not pose an undue hazard to persons and property

- The operator will be responsible for maintaining and inspecting the UAS to ensure that it is in a condition for safe operation

- Pri or to each flight, the PIC will conduct a pre - flight inspection and determine the UAS is in a condition for safe flight. The pre - flight inspection will account for all potential discrepancies, e.g. inoperable components , items, or equipment. If the inspe ction reveals a condition that affects the safe operation of the UAS, the aircraft will be prohibited from operating until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight

- The operator will follow the U AS manufacturer’s maintenance, overhaul, replacement, inspection, and life limit requirements for the aircraft and aircraft components

- The UAS operated w ill comply with all manufacturer’s safety bulletins

- The PIC will hold a recreational pilot certificate. The PIC will also hold a current U.S. driver’s license

- The operator will not permit any PIC to operate unless the PIC demonstrates the ability to safely operate the UAS in a manner consistent with how the UAS will be operated under the operations manual s, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. During training, proficiency, and experience - building flights, all persons not essential for flight operations are considere d nonparticipants in accordance w ith 14 CFR 91.119- UAS operations will not be conducted during night, as identified in 14 CFR 1.1. all operations will be conducted under visual meteorological conditions (VMC)

- The UA will 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 - publi shed aeronautical chart, unless a letter of agreement with that airport’s management is obtained or otherwise permitted by a COA issued to John Tortorella and J. Tortorella Custom Gunite Pools. The letter of agreement with the airport management will be m ade available to the Administrator or any law enforcement official upon request

- The UA will 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

- If the UAS loses communications or loses its GPS signal, the UA will return to a pre - determined location within the private or controlled - access property

- The PIC will abort the flight in the event of unpredicted obstacles or emergencies

- The PIC will not begin a fli ght unless (considering wind and forecast weather conditions) there is enough available pow er for the UA to conduct the intended operation and to operate after that for at least 5 minutes or with the reserve power recommended by the manufacturer if greater

- All operations will be conducted in accordance with an ATO - issued COA

- All aircraft operated by John Tortorella and J. Tortorella Custom Gunite Pools be identified by serial number, registered in accordance with 14 CFR part 47, and have identification (N - Num ber) m arkings in accordance with 14 CFR part 45, Subpart C. Markings will be as large as practicable

- 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 will be avai lable to the PIC at the Ground Control Station of the UAS any time the aircraft is operating. These documents will be made available to the Administrator or any law enforcement official upon request

- The UA will remain clear and give wa y to all manned aviation operations and activities at all times

- All Flight operations will be conducted at least 500 feet from all nonparticipating persons, vessels, vehicles, and structures unless: Barriers or structures are present that sufficiently protect nonparticipatin g persons from the UA and/or debris in the event of an accident. The operator w ill ensure that nonparticipating persons rem ain under such protection. If a situation arises where nonparticipating persons leave such protection and are within 500 feet of th e UA, flight operations will cease immediately in a manner ensuring the safety of nonparticipating persons The owner/controller of any vessels, vehicles or structures has granted permission for operating closer to those objects and the PIC has made a safet y assessment of the risk of operating closer to those objects and determined that it does not present an undue hazard

- All operations will be conducted over private or controlled - access property with permission from the property owner/controller or authoriz ed representative.**Level of Safety:**

The proposed operation under this requested exemption will be performed at a l evel of safety equivalent to, or exceeding that required under FAR’s. For many proposed operations, the current procedures employed are more dangerous and less efficient; we believe that the lightweight, fuel less aircraft remotely piloted from a safe distance, is much safer and more pr acticable means of conducting these operations. John Tortorella and J. Tortorella Custom Gunite Pools understand that some of the operations proposed by this exemption request require that operations be conducted in close proximity to structures. The pet itioner also understands the need to keep aircraft at a safe distance from the general public , but 500 feet is the minimum operating a 10,000 - pound multiengine airplane with 200 gallons of highly flammable fuel onboard. John Tortorella and J. Tortorella C ustom Gunite Pools argues that sUAS weighing less than 55 lbs., operating under 100 mph w ould pose much less of a hazard than either of these previous examples. The Petitioner requests that no restrictions with regard to mi nimum distances from structures , vessels, and vehicles, and a 200 - foot minimum distance from persons not associated w ith the sUAS operation be granted. Petitioner further requests that with regard to the crew required for the operation of the UAS, no minimum distance be required. **Publ ic Interest:**  John Tortorella and J. Tortorella Custom Gunite Pools believes that relief from the aforementioned regulations will benefit the public interest in the following manners:

- Removal of human risk from flight operations

- Reduction in air and noise pollution associated with pow ered flight

- Im provement upon cost efficiencies associated with manned flight

- And various other economic and safety benefits of aerial operations using sUAS

- Reduction of airspace congestion Whether helping to protect the public , inspecting infrastructure or acquiring aerial imagery, sUAS provide real - time aw areness, enabling better decision - making. Better decision - making saves lives and protects property. **Privacy:** All flights will occur over private or controlled access property with the property’s owner’s prior consent and knowledge. Images taken will be of individuals who have also consented to being filmed or otherwise have agreed to be in the area where aerial photography will take place.**Petition Request:**

Summary (to publish in the Federal Register) Rules from which exemption is sought

- Subpart A, 14 CFR 91.7(a)

- Subpart B, 14 CFR 91.119(b) and (c); 91.121, 91.151(a) and (b)

- Subpart E, 14 CFR 91.405(a), 91.407, 91.409, 91.417 (a) and (b) Nature of exemption sought

- An exemption is requested in order for John Tortorella and J. Tortorella Custom Gunite Pools to operate a sm all unmanned aircraft systems (sUAS) commercially is airspace regulated by the Federal Aviation Ad ministration (FAA) for the purposes of; aerial pho tography/videography/surveying, construction site inspection and monitoring, wildlife and forestry monitoring, education and research operations, and other flight operations that could be performed safely and more cost effectively with the use of a sUAS at low altitude, within the U.S. national airspace system as compared to a manned aircraft. Additional information

- This Petition is made pursuant to the FAA Modernization and Reform Act of 2012 (FMRA) Section 333, which directs the Secretary of Transportation to determine if certain sUAS may operate safely in the NAS. As such, John Tortorella and J. Tortorella Custom Gunite Pools request for exemption may be granted pursuant to the authority of FMRA Section 333 and 14 CFR Part 11, as set forth above. FMRA Section 333 sets forth the requirements for considering whether a sUAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security; and further, provides the authority for such sUAS to operate without airworthiness certification. As discussed in detail above, John Tortorella and J. Tortorella Custom Gunite Pools will conduc t operations safely in the NAS, without creating a hazard to users of the NAS, the public, or otherw ise pose a threat to national security.