1764 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 Federal 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 requested 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/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.

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. Safety is a primary concern of John Tortorella and 

J. Tortorella Custom Gunite Pools with all of our equipment, vehicles, and the employees who work 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 in 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. Tortorella 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 CFR 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 – Maintenance, 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 airworthy condition. 

Because no airworthiness certificate has been issued for the aircraft, no FAA regulatory standard exists for 

determining airworthiness. Given the size of the aircraft and the requirements contained in the Operations 

Manual for the use of an inspection checklist prior to 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 property that may lie in areas considered to be 

“congested”. Operational data will 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 

altitude and in a fashion that should a power unit fail, procedures that will ensure that an emergency 

landing can be made without undue hazard to persons or property on the surface and without leaving the 

private property.

Subpart B – 14 CFR 91.119(c) – Minimum Safe Altitudes, Other Than Congested Area

- Paragraph (c) of this section states that the minimum altitude allowed “over other than congested areas [be] 

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.”

- The operations proposed by this exemption require that operations be conducted in close proximity to 

structures. Under section (c), it is requested that no restrictions with regard to minimum distances from 

structures, vessels, and vehicles, and a 200-foot minimum distance from persons not associated with the 

operation be granted. John Tortorella and J. Tortorella Custom Gunite Pools further requests that with 

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

-
-

Subpart B – 14 CFR 19.121 – Altimeter 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 within visual range of the PIC. The PIC will 

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 least 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 would 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 requirements of 91.151(a) or (b). However, telemetry provides a constant 

indication of remaining power, along with a low-voltage visual and audible warning when the power gets 

critically low. In this event, the sUAS can be landed safely within a minute or two while maintaining some 

power 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

- This 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 

necessary certain checks, including flight checks be performed. Flight checks will be performed prior to 

the first flight of the day in accordance with the appropriate operations manuals to ensure proper 

functionality of all systems and components.

Subpart E – 14 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 that 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 maintain records of all inspections, maintenance, alterations, and repairs. They 

will be kept on site by the PIC and will be available to the Administrator or his representative. 

Equipment:

John Tortorella and J. Tortorella Custom Gunite Pools will 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 procedures, 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 phases 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 maintain 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 will 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 waiver/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 will 

always maintain VLOS capability. The VO and PIC will be able to communicate verbally at all times; 

electronic messaging or texting will not be permitted during flight operations. The PIC will be designated 

before the flight and will not transfer his or her designation for the duration of the flight. The PIC 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 

Administrator 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 

characteristics, 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 people. 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 

- Prior 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 inspection 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 UAS manufacturer’s maintenance, overhaul, replacement, inspection, and life 

limit requirements for the aircraft and aircraft components

- The UAS operated will 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 manuals, 

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 considered nonparticipants in accordance with 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-published 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 made 

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 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 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-Number) markings 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 available 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 way 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 nonparticipating persons from the UA 

and/or debris in the event of an accident. The operator will 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 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 safety 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 authorized representative. 
Level of Safety:

The proposed operation under this requested exemption will be performed at a level 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 practicable 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 petitioner 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 Custom Gunite Pools argues that sUAS weighing less than 55 lbs., operating under 100 mph would 

pose much less of a hazard than either of these previous examples. 

The Petitioner requests that no restrictions with regard to minimum distances from structures, vessels, and vehicles, 

and a 200-foot minimum distance from persons not associated with 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.

Public 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 powered flight

- Improvement 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 

awareness, 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 

small unmanned aircraft systems (sUAS) commercially is airspace regulated by the Federal Aviation 

Administration (FAA) for the purposes of; aerial photography/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 conduct operations safely in the NAS, without creating a hazard to 

users of the NAS, the public, or otherwise pose a threat to national security.