Greg Jensen Productions

February 18, 2016 

U.S. Department of Transportation Docket Management System

1200 New Jersey Avenue SE

Washington, DC 20590 

RE: Exemption Request Section 333 of the FAA Reform Act

Dear Sir or Madam: 

This petition is being submitted on our behalf without legal counsel or consulting services.

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act), and 14 

C.F.R. Part 11, Greg Jensen Productions, a video production company, hereby applies for an exemption 

from the Federal Aviation Regulations (FARs) listed below to allow operation of our Small Unmanned 

Aircraft System (sUAS) commercially in airspace regulated by the Federal Aviation Administration 

(FAA) so long as such operations are conducted with and under the conditions outlined herein or as may 

be established by the FAA as required by Section 333.

The requested exemption would permit Greg Jensen Productions to pursue its commercial interests in 

providing services to clients using a small advanced sUAV in the following areas:

● Real Estate

● Marketing

● Surveying

● Industrial

● Surveying 

● Special Events

Greg Jensen Productions states that all sUAS flights will occur over private or controlled access property 

will do so with the property owner’s consent and knowledge and that only people who have consented or 

otherwise have agreed to be in the area where videography will take place.

Additionally, Greg Jensen Production’s sUAS pilot holds an FAA Private Pilots License with a Class III 

Medical Certificate. If observers are not qualified pilots, they will attend a ground school to understand 

the proper roles of an observer, communication procedures, proper visual scan techniques, operations at 

non-towered airports and appropriate sections of the Aeronautical Information Manual (AIM).

Regulations from which exemption is requested:
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

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.

Greg Jensen Productions is petitioning for an exemption to operate a DJI Phantom 3 Professional 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. The DJI 

Phantom 3 Professional 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.

These specifications meet with the Model Aircraft Operating Standards as set below:

● The petitioner will only operate its sUAS in line-of-sight of a pilot and/or observer and will 

operate at sites that are ‘sufficient distance’ from populated areas within the sterile area described 

in the FOPM. Such operations will ensure that the sUAS will “not create a hazard to users of the 

national airspace system or the public.”

● When flying the sUAS within three (3) miles of an airport, airport operators will be notified and 

the operator will give the right-of-way to avoid flying in the proximity of full-scale aircraft.

● Maximum flight time for each operation will be 30 minutes.

● Flights will be terminated when battery levels reach 25%, allowing sufficient reserve 

flight time to safely land the sUAS.

● The sUAS will be programmed so it will not be operated at an altitude that exceeds 400 

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

videography is planned.
● Minimum crew for each operation shall consist of: sUAS pilot, a visual sUAS observer, 

and the camera operator.

● The sUAS PIC will be an FAA licensed airman holding a minimum of a Private Pilot 

certificate and a current FAA medical certificate.

● The sUAS operated by the petitioner weighs less than 25 pounds, including all payload 

(i.e. camera, lens, and stabilized gimbal).

● The sUAS will operate at speeds of no more than 50 knots, can hover, and can 

simultaneously move vertically and horizontally.

● Given the small size of the sUAS and the restricted sterile environment within which it 

will operate, Greg Jensen Productions’ operations adhere to the Reform Act’s safety 

requirements.

The fact the pilot holds an FAA Private Pilot license demonstrates Greg Jensen Productions’ 

high regard for safe operations with an understanding of FARs, preflight inspections, knowledge 

of operations and differences in airspace classifications, maintenance and repair, as well as being 

trained to high safety standards.

Under the requested exemption, Greg Jensen Productions ensures all operators have completed 

sUAS education and training programs including all applicable regulations and guidance 

documents; including aeronautical background information such as charts, NOTAMS and 

Aircraft Circulars; Radio Communications Procedures; Human Factors and Crew Resource 

Management; Basic sUAS Aerodynamics; Weather factors; Airmanship and Decision-making 

and Safe Operations Procedures.

We respectively request exemption under Section 333 to enable Greg Jensen Productions to 

operate efficient, limited, low-risk commercial sUAS operations for the activities stated 

respecting at all times the space and privacy of citizens and property while keeping airspace safe.

Sincerely,

Greg Jensen

10622 Bryant St Spc 107

Yucaipa, CA 92399

EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY

Greg Jensen Productions requests an exemption from the following regulations as well as any 

additional regulations that may technically apply to the operation of the sUAV System:

14 CFR Part 21, Airworthiness Certificates
This part establishes the procedures for the issuance of an airworthiness certificate. While the 

FAA continues to work to develop airworthiness standards for Unmanned Aerial Systems, we 

request an experimental certificate be issued for the DJI Phantom 3 Professional under either, or 

both, of the following provisions: 21.191 Experimental certificates. Experimental certificates are 

issued for the following purposes: 

(a) Research and development.Testing new aircraft design concepts, new aircraft equipment, 

new aircraft installations, new aircraft operating techniques, or new uses for aircraft. 

(b) Showing compliance with regulations. Conducting flight tests and other operations to show 

compliance with the airworthiness regulations including flights to show compliance for issuance 

of type and supplemental type certificates, flights to substantiate major design changes, and 

flights to show compliance with the function and reliability requirements of the regulations. 

Since the experimental certificate can be used for commercial purposes such as market surveys, 

sales demonstrations, and customer crew training, we would expect that an experimental 

certificate would permit our commercial purpose as well. The aircraft will not carry persons or 

property, will not carry fuel, and will only fly under strict operational requirements. Combined 

with the UA's light weight, being constructed primarily of carbon fiber and plastic, we propose 

that the UA will be at least as safe, if not safer, than a conventionally certificated aircraft 

performing the same mission. If an experimental airworthiness certificate is not appropriate for 

this application, then we request an exemption of 14 CFR Part 21, Subpart H, and the 

requirement for an airworthiness certificate in general, citing the equivalent level of safety

outlined in the previous paragraph. 

14 CFR 45.23 Display of marks; general and 45.29 Size of marks These regulations provide 

that each aircraft must display "N" and the aircraft's registration number in letters at least 3 

inches high. Additionally, the aircraft must display the word "EXPERIMENTAL" in letters at 

least 2 inches high near the entrance to the cabin, cockpit, or pilot station. The sUAV does not 

have an entrance in which the word "EXPERIMENTAL" can be placed, and may not have a 

registration number assigned to it by the FAA. We propose to achieve an equivalent level of 

safety by including the word "EXPERIMENTAL" in the placard on the top of the aircraft, as 

shown above, where the PIC, VO and others in the vicinity of the aircraft while it is preparing for 

launch will be able to see the designation. Additionally, we feel that the permanent placard 

discussed in the previous paragraph will provide the aircraft's registration information at the 

ground station. Finally, we will display at the ground station a high contrast flag or banner that 

contains the words "Unmanned Aircraft Ground Station" in letters 3 inches high or greater. Since 

the aircraft will operate within 3/4 NM of the ground station, the banner should be visible to 

anyone that observes the aircraft and chooses to investigate its point of origin. 

14 CFR 61.113 Private pilot privileges and limitations: Pilot in Command and 61.133 

Commercial pilot privileges and limitations. The regulation provides that no person who holds 

a Private Pilot certificate may act as pilot in Command of an aircraft for compensation or hire. 

Subparagraph (b) allows a private pilot to act as pilot in command of an aircraft in connection 
with any business or employment if: (1) The flight is only incidental to that business or 

employment; and (2) The aircraft does not carry passengers or property for compensation or hire. 

Our proposed operations require that the PIC must hold at least a Private Pilot Certificate issued 

by the FAA and since the aircraft cannot carry passengers or property, we feel we meet the intent 

of 61.113 Subparagraph (b) even though the intent of this application is to conduct a business. 

14 CFR 91.7 Prohibits the Operation of an aircraft without an airworthiness certificate. As 

no such certificate will be applicable in the form contemplated by the FARs, this Regulation is 

inapplicable.

14 CFR 91.9 Civil aircraft flight manual, marking, and placard requirements. This 

regulation provides that no person may operate an aircraft unless a current, approved flight 

manual is in the aircraft. We assume that the intent of this requirement is to ensure that flight 

manual information is available to the aircrew while operating the aircraft. We request an 

exemption to this requirement since the aircraft is not only too small to carry documentation, the 

documentation would not be available to the crew during flight operations. To obtain an 

equivalent level of safety and meet the intent of 91.9, we propose that a current, approved sUAS 

Flight Manual must be available to the crew at the ground station anytime the aircraft is in, or 

preparing for, flight. 

14 CFR 91.109 Flight Instruction; Simulated instrument flight and certain flight tests. The 

regulation states "No person may operate a civil aircraft that is being used for flight instruction 

unless that aircraft has fully functioning dual controls." The sUAS System ground-based control 

station consists of a hand-held radio transmitter and while it does not offer a second set of 

"controls", both the student and instructor can, and will, operate the single set of controls 

simultaneously. With both student and instructor having "hands-on" the controls during flight, 

this technique meets the intent 91.109 and provides an equivalent level of safety. 

91.119 Minimum safe altitudes: General. The regulation states that over sparsely populated 

areas the aircraft cannot be operated closer than 500 feet to any person, vessel, vehicle, or 

structure. Since the typical mission of the sUAS would be photography or survey of persons, 

vessels, vehicles or structures it would be necessary to operate closer than 500 feet to the items 

listed. Operations will only be flown over property or persons where permission has been 

obtained and careful pre-planned has been performed. The aircraft will be operated at a low 

altitude allowing, if a power unit fails, an emergency landing without undue hazard to persons or 

property on the surface. Therefore we maintain that due to the small size of the UAS, the hazard 

to persons, vehicles and structures is minimal compared to manned aircraft, which should be 

considered in granting the exemption. 

CFR 91.121 Altimeter settings. The regulation requires that aircraft shall maintain cruising 

altitudes by reference to an altimeter setting available within 100 NM of the aircraft. The sUAS 
will always fly below 400 feet AGL and will not need to maintain cruising altitudes in order to 

prevent conflict with other aircraft. An Above Ground Level altimeter measurement above the 

takeoff point is transmitted via radio from the sUAS on-board computer to the display screen 

held by the PIC, providing a constantly updated AGL readout. 

14 CFR 91.151 Fuel requirements for flight in VFR conditions. The regulation provides that 

no person may begin a flight in an airplane under daylight VFR conditions unless there is enough 

fuel to fly to the first point of intended landing and to fly after that for at least 30 minutes. We 

feel the intention of this paragraph is to provide an energy reserve as a safety buffer for delays to 

landing. The sUAV is battery operated and the maximum duration of flight from a single battery

charge is 18 minutes with a 20% reserve. Since the aircraft will never fly more than 3/4 NM 

from the point of intended landing, a full battery charge at launch will ensure that we meet the 

reserve energy requirement of this paragraph. We request an exemption to the word "fuel" and 

ask for an equivalent interpretation with the word "energy".

14 CFR 91.203(a) & (b) Civil aircraft: Certifications required. The regulation provides that 

an airworthiness certificate, with the registration number assigned to the aircraft and a 

registration certificate must be aboard the aircraft. Additionally, subparagraph (b) provides that 

the airworthiness certificate be "displayed at the cabin or cockpit entrance so that it is legible to 

passengers or crew." At a maximum gross weight of 2.8 pounds, the sUAS is too small to carry

documentation, does not have an entrance, and is not capable of carrying passengers or crew. To 

obtain an equivalent level of safety and meet the intent of 91.203, we propose that documents 

deemed appropriate for this aircraft by the FAA will be co-located with the crew at the ground 

control station and available for inspection upon request. In order to identify the aircraft, we 

propose that the information found on airworthiness and registration certificates be permanently

affixed to the aircraft via placard containing the following information plus the word 

"EXPERIMENTAL" to satisfy the requirement of 14 CFR 45.23. 

14 CFR Subpart E 91.401- 91.417 - Maintenance, Preventive Maintenance, Alterations The 

regulation provides that the operator is primarily responsible for maintaining the aircraft in an 

airworthy condition, including compliance with part 39 and 43. Paragraphs 91.407 and 91.409 

require that the aircraft be "approved for return to service by a person authorized under 43.7" 

after maintenance and inspection. It is our intention that the PIC perform maintenance and 

inspection of the aircraft and "be authorized to approve the aircraft for return to service." The 

PIC will ensure that the aircraft is in an airworthy condition prior to every flight and in addition 

conduct detailed inspections after every two hours of flight. Maintenance performed by the PIC 

is limited to repairing small cracks, replacing a propeller, checking electrical connections and 

updating software and firmware for the on-board computer. All other maintenance will be

performed by the manufacturer or their designated repair facility. The PIC will document work 

performed in accordance with 91.417. We feel that due to the size, construction, and simplicity

of the aircraft, the PIC can ensure an equivalent level of safety.