Carl H. Gregory, Jr.

P.O. Box 181411

Coronado CA 92178

U. S. Department of Transportation Docket Management System

1200 New Jersey Ave., SE 

Washington, DC 20590 

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) 

Dear Sir or Madam: 

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

C.F.R. Part 11, Carl H. Gregory, Jr., operator of Small Unmanned Aircraft Systems (“sUASs”) under 55 

pounds, under 200 feet elevation, equipped to conduct aerial videography for the wedding and 

television industry for scripted closed set filming, 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 

As described more fully below, the requested exemption would permit the operation of small, 

unmanned and relatively inexpensive sUAS under controlled conditions in airspace that is 1) limited 2) 

predetermined 3) controlled as to access and 4) would provide safety enhancements to the already safe 

operations in the wedding video and television industry presently using conventional aircraft. Approval 

of this exemption would thereby enhance safety and fulfill the Secretary of Transportation’s (the FAA 

Administrator’s) responsibilities to “...establish requirements for the safe operation of such aircraft 

systems in the national airspace system.” Section 333(c) of the Reform Act. The name and address of 

the applicant is: 

Contact: Carl H. Gregory, Jr.

P.O. Box 181411

Coronado CA 92178

619-987-9237

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) 

This exemption application is expressly submitted to fulfill Congress’ goal in passing Section 333(a) 

through (c) of the Reform Act. This law directs the Secretary of Transportation to consider whether 

certain unmanned aircraft systems may operate safely in the national airspace system (NAS) before 

completion of the rulemaking required under Section 332 of the Reform Act. In making this 

determination, the Secretary is required to determine which types of UASs do not create a hazard to 

users of the NAS or the public or pose a threat to national security in light of the following: 

• The UAS’s size, weight, speed, and operational capability; • Operation of the UAS in close proximity to 

airports and populated areas; and • Operation of the UAS within visual line of sight of the operator. 

Reform Act § 333 (a). Lastly, if the Secretary determines that such vehicles “may operate safely in the 

national airspace system, the Secretary shall establish requirements for the safe operation of such 

aircraft in the national airspace system.” Id. §333(c) (emphasis added)2. 

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This statutory 

authority by its terms includes exempting civil aircraft, as the term is defined under §40101 of the Act, 

that includes sUASs, from the requirement that all civil aircraft must have a current airworthiness 

certificate. 

2 Applicant interprets this provision to place the duty on the Administrator to not only process 

applications for exemptions under section 333, but for the Administrator to craft conditions for the safe 

operation of the UAS, if it should be determined that the conditions set forth herein do not fulfill the 

statutory requirements for approval. 

The Administrator may grant an exemption from a requirement of a regulation prescribed under 

subsection (a) or (b) of this section or any sections 44702-44716 of this title if the Administrator finds 

the exemption in the public interest. 49 U.S.C. §44701(f) See also 49 USC §44711(a); 49 USC §44704; 

14 CFR §91.203 (a) (1). 

Olde Dominion Services, Inc.’s UASs are rotorcraft, weighting 5 or fewer lbs. including payload. They 

operate, under normal conditions at a speed of no more than 30 knots and have the capability to hover, 

and move in the vertical and horizontal plane simultaneously. They will operate only in line of sight and 

will operate only within the sterile area described in the Confidential Motion Picture and Television 

Operations Manual. 3. Such operations will insure that the sUAS will “not create a hazard to users of the 

national airspace system or the public.”4 

Given the small size of our sUASs involved and the restricted sterile environment within which they will 

operate, the applicant falls squarely within that zone of safety (an equivalent level of safety) in which 

Congress envisioned that the FAA must, by exemption, allow commercial operations of UASs to 

commence immediately. Also due to the size of the UASs and the restricted areas in which the relevant 

sUASs will operate, approval of the application presents no national security issue. Given the clear 
direction in Section 333 of the Reform Act, the authority contained in the Federal Aviation Act, as 

amended; the strong equivalent level of safety surrounding the proposed operations, and the significant 

public benefit, including enhanced safety, reduction in environmental impacts, including reduced 

emissions associated with allowing UASs for movie and television operations, the grant of the requested 

exemptions is in the public interest. Accordingly, the applicant respectfully requests that the FAA grant 

the requested exemption without delay. 

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY 

The applicant proposes that the exemption requested herein apply to civil aircraft that have the 

characteristics and that operate with the limitations listed herein. These limitations provide for at least 

an equivalent or even higher level of safety to operations under the current regulatory structure 

because the proposed operations represent a safety enhancement to the already safe movie and 

television filming operations conducted with conventional aircraft. 

These limitations and conditions to which Olde Dominion Services, Inc. agrees to be bound when 

conducting commercial operations under an FAA issued exemption include: 

The Motion Picture Association of America has reviewed this manual and has found it to be acceptable 

for sUAS filming operations for the television and movie industry. Applicant submits this manual as a 

Confidential document under 14 CFR 11.35 (b) as the entire manual contains proprietary information 

that the applicant has not and will not share with others. The manual contains operating conditions and 

procedures that are not available to the public and are protected from release under the Freedom of 

Information Act 5 USC 552 et.seq. 4 Reform Act Section 333 (b). 

1. The sUAS will weigh less than 5 lbs. 2. Flights will be operated within line of sight of a pilot and/or 

observer. 3. Maximum total flight time for each operational flight will be 25 minutes. Flights will be 

terminated at 25% battery power reserve should that occur prior to the 25 minute limit. 4. Flights will be 

operated at an altitude of no more than 400 feet AGL or, not more than 200 feet above an elevated 

platform from which filming is planned. 5. Minimum crew for each operation will consist of the sUAS 

Pilot, the Visual Observer, and the Camera Operator. 6. sUAS Pilot will be Pilot in Command (PIC). If a 

pilot certificate holder other than the sUAS Pilot, who possess the necessary PIC qualifications, is also 

present on set (i.e. the Aerial Coordinator), that person can also be designated as PIC. 7. The UAS will 

only operate within a confined “Sterile Area” as defined in the Manual. Section H, I and J of the Manual 

requires the establishment of a “Security Perimeter” for the flight operations area. 8. A briefing will be 

conducted in regard to the planned sUAS operations prior to each day’s production activities. It will be 

mandatory that all personnel who will be performing duties within the boundaries of the safety 

perimeter be present for this briefing. 9. The operator will file a FAA Form 7711-1, or its equivalent, as 

modified in light of the requested exemption, with the appropriate Flight Standards District Office. 10. 

The operator will obtain the consent of all persons involved in the filming and ensure that only 

consenting persons will be allowed within 150 feet of the flight operation, and this radius may be 

reduced to 50 feet based upon an equivalent level of safety determination, as required by Section K of 

the Manual (which is 30 feet). With the advanced permission of the relevant FSDO, operations at closer 
range can be approved. 11. The operator will submit a written Plan of Activities to the FSDO three days 

before the proposed shoot as required in Section K of the Manual. 12. Pilot and observer will have been 

trained in operation of UAS generally and received up-to-date information on the particular UAS to be 

operated as required Sections M and N of the Manual. 13. Observer and pilot will at all times be able to 

communicate by voice and/or text. 14. Written and/or oral permission from the relevant property 

holders will be obtained. 15. All required permissions and permits will be obtained from territorial, 

state, county or city jurisdictions, including local law enforcement, fire, or other appropriate 

governmental agencies. 16. If the sUAS loses communications or loses its GPS signal, the UAS will have 

capability to return to a pre-determined location within the Security Perimeter and land. 17. The sUAS 

will have the capability to abort a flight in case of unpredicted obstacles or emergencies. 18. We will 

operate our sUAS with further limitations of operations in the FCC DMA of the Roanoke-Lynchburg are 

market only, further more 3 miles from any FAA regulated airport or any national park within the DMA.

 

 

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1) Subpart H, entitled 

Airworthiness Certificates, establishes the procedural requirements for the issuance of airworthiness 

certificates as required by FAR §91.203 (a) (1). Given the size and limited operating area associated with 

the aircraft to be utilized by the Applicant, an exemption from Part 21 Subpart H meets the 

requirements of an equivalent level of safety under Part 11 and Section 333 of the Reform Act. The 

Federal Aviation Act (49 U.S.C.§44701 (f)) and Section 333 of the Reform Act both authorize the FAA to 

exempt aircraft from the requirement for an airworthiness certificate, upon consideration of the size, 

weight, speed, operational capability, and proximity to airports and populated areas of the particular 

UAS. In all cases, an analysis of these criteria demonstrates that the UAS operated without an 

airworthiness certificate, in the restricted environment and under the conditions proposed will be at 

least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an 

airworthiness certificate without the restrictions and conditions proposed. 

The sUAS to be operated hereunder is less than 5 lbs. fully loaded, carries neither a pilot nor passenger, 

carries no explosive materials or flammable liquid fuels, and operates exclusively within a secured area 

as set out in the Manual. Unlike other civil aircraft, operations under this exemption will be tightly 

controlled and monitored by both the operator, pursuant to the Manual’s requirements, and under the 

requirements and in compliance with local public safety requirements, to provide security for the area 

of operation as is now done with conventional filming. The FAA will have advance notice of all 

operations. These safety enhancements, which already apply to civil aircraft operated in connection 

with motion picture and television production, provide a greater degree of safety to the public and 

property owners than conventional operations conducted with airworthiness certificates issued under 

14 C.F.R. Part 21, Subpart H. Lastly, application of these same criteria demonstrates that there is no 

credible threat to national security posed by the UAS, due to its size, speed of operation, location of 

operation, lack of explosive materials or flammable liquid fuels, and inability to carry a substantial 

external load. 14 C.F.R. § 45.23 (b). Marking of the Aircraft The regulation requires: 
When marks include only the Roman capital letter "N" and the registration number is displayed on 

limited, restricted or light-sport category aircraft or experimental or provisionally certificated aircraft, 

the operator must also display on that aircraft near each entrance to the cabin, cockpit, or pilot station, 

in letters not less than 2 inches nor more than 6 inches high, the words "limited," "restricted," "lightsport," "experimental," or "provisional," as applicable. 

Even though the UAS will have no airworthiness certificate, an exemption may be needed as the UAS 

although there is no entrance to a cabin, cockpit or pilot station on which the word “Experimental” can 

be placed. Given the size of the sUAV, two-inch lettering will be impossible. The word “Experimental” 

will be placed on the fuselage in compliance with §45.29 (f). 

The equivalent level of safety will be provided by having the sUAV marked on its fuselage as required by 

§45.29 (f) where the pilot, observer and others working with the sUAV will see the identification of the 

UAS as “Experimental.” The FAA has issued the following exemptions to this regulation to Exemptions 

Nos. 10700, 8738, 10167 and 10167A. 14 C.F.R. § 61.113 (a) & (b): Private Pilot Privileges and 

Limitations: Pilot in Command. Sections 61.113 (a) & (b) limit private pilots to non-commercial 

operations. Because the UAS 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 this small UAS. Unlike a 

conventional aircraft that carries the pilot and passengers, the sUAS is remotely controlled with no living 

thing on board. The area of operation is controlled and restricted, and all flights are planned and 

coordinated in advance as set forth in the Manual. The level of safety provided by the requirements 

included in the Manual exceeds that provided by a single individual holding a commercial pilot’s 

certificate operating a conventional aircraft. The risks associated with the operation of the sUAS are so 

diminished from the level of risk associated with commercial operations contemplated by Part 61 when 

drafted, that allowing operations of the sUAS as requested with a private pilot as the PIC exceeds the 

present level of safety achieved by 14 C.F.R. §61.113 (a) & (b). 14 C.F.R. §91.7(a): Civil aircraft 

airworthiness. The regulation requires that no person may operate a civil aircraft unless it is in 

airworthy condition. As there will be no airworthiness certificate issued for the aircraft, should this 

exemption be granted, no FAA regulatory standard will exist for determining airworthiness. Given the 

size of the aircraft and the requirements contained in the Manual for maintenance and use of safety 

check lists prior to each flight, as set forth in Sections J, L and Q, an equivalent level of safety will be 

provided. 14 C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft. Section 91.9 (b) (2) 

provides: 

No person may operate a U.S.-registered civil aircraft ... 

(2) For which an Airplane or Rotorcraft Flight Manual is not required by §21.5 of this chapter, unless 

there is available in the aircraft a current approved airplane or Rotorcraft Flight Manual, approved 

manual material, markings, and placards, or any combination thereof. 
The sUAS, given its size and configuration has no ability or place to carry such a flight manual on the 

aircraft, not only because there is no pilot on board, but because there is no room or capacity to carry 

such an item on the aircraft. 

The equivalent level of safety will be maintained by keeping the flight manual at the ground control 

point where the pilot flying the sUAS will have immediate access to it. The FAA has issued the following 

exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 

10167A, 10602, 32827, and 10700. 14 C.F.R. § 91.103: Preflight action This regulation requires each 

pilot in command to take certain actions before flight to insure the safety of flight. As FAA approved 

rotorcraft flight manuals will not be provided for the aircraft an exemption will be needed. An 

equivalent level of safety will be provided as set forth in Sections J and K of the Manual. The PIC will 

take all actions including reviewing weather, flight battery requirements, landing and takeoff distances 

and aircraft performance data before initiation of flight. 14 C.F.R. §91.109: Flight instruction: Section 

91.103 provides that no person may operate a civil aircraft (except a manned free balloon) that is being 

used for flight instruction unless that aircraft has fully functioning dual controls. sUASs and remotely 

piloted aircraft, by their design do not have fully functional dual controls. Flight control is accomplished 

through the use of a control box that communicates with the aircraft via radio communications. The 

FAA has approved exemptions for flight training without fully functional dual controls for a number of 

aircraft and for flight instruction in experimental aircraft. See Exemption Nos.5778K & 9862A. The 

equivalent level of safety provided by the fact that neither a pilot nor passengers will be carried in the 

aircraft and by the size and speed of the aircraft. 14 C.F.R. §91.119: Minimum safe altitudes Section 

91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 (d) allows helicopters to 

be operated at less than the minimums prescribed, provided the person operating the helicopter 

complies with any route or altitudes prescribed for helicopters by the FAA. As this exemption is for a 

sUAS that is a helicopter and the exemption requests authority to operate at altitudes up to 400 AGL, or 

not more than 200 above an elevated platform from which filming is planned, an exemption may be 

needed to allow such operations. As set forth herein, except for the limited conditions stated in the 

Manual, the UAS will never operate at higher than 400 AGL. It will however be operated in a restricted 

area with 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, speed of the UAS as well as the 

location where it is operated. No flight will be taken without the permission of the property owner or 

local officials. Because of the advance notice to the property owner and participants in the filming 

activity, all affected individuals will be aware of the planned flight operations as set forth in Section K of 

the Manual. Compared to flight operations with aircraft or rotorcraft weighting far more than the 

maximum 55lbs. proposed herein and the lack of flammable fuel, any risk associated with these 

operations is far less than those presently presented with conventional aircraft operating at or below 

500 AGL in the movie industry. In addition, the low-altitude operations of the sUAS will ensure 

separation between these small- UAS operations and the operations of conventional aircraft that must 

comply with Section 91.119. 14 C.F.R. §91.121 Altimeter Settings This regulation 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 

the sUAS may not have a barometric altimeter, but instead a GPS altitude read out, an exemption may 

be needed. An equivalent level of safety will be achieved by the operator, pursuant to the Manual 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 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; or (2) At 

night, to fly after that for at least 45 minutes.” 

The battery powering the sUAS provides approximately 30 minutes of powered flight. To meet the 

reserve requirement in 14 CFR §91.151, sUAS flights would be limited to approximately 10-12 minutes in 

length. Given the limitations on the UAS’s proposed flight area and the location of its proposed 

operations within a predetermined area, a longer time frame for flight in daylight or night VFR 

conditions is reasonable. 

Applicant believes that an exemption from 14 CFR §91.151(a) falls within the scope of prior exemptions. 

See Exemption 10673 (allowing Lockheed Martin Corporation to operate without compliance with FAR 

91.151 (a)). Operating the small UAS, in a tightly controlled area where only people and property 

owners or official representatives who have signed waivers will be allowed, with less than 30 minutes of 

reserve fuel, does not engender the type of risks that Section 91.151(a) was intended to alleviate given 

the size and speed of the small UAS. Additionally, limiting sUAS flights to 10 minutes would greatly 

reduce the utility for which the exemption will be granted. 

Applicant believes that an equivalent level of safety can be achieved by limiting flights to 30 minutes or 

25% of battery power whichever happens first. This restriction would be more than adequate to return 

the sUAS to its planned landing zone from anywhere in its limited operating area. 

Similar exemptions have been granted to other operations, including Exemptions 2689F, 5745, 10673, 

and 10808. 14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration The 

regulation provides in pertinent part: 

(a) Except as provided in § 91.715, no person may operate a civil aircraft unless it has within it the 

following: 

(1) An appropriate and current airworthiness certificate. . . . 

(b) No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) 

of this section or a special flight authorization issued under §91.715 is displayed at the cabin or cockpit 

entrance so that it is legible to passengers or crew. 

The UAS fully loaded weighs no more than 55 lbs and is operated without an onboard pilot. As such, 

there is no ability or place to carry certification and registration documents or to display them on the 

sUAS. 
An equivalent level of safety will be achieved by keeping these documents at the ground control point 

where the pilot flying the sUAS will have immediate access to them, to the extent they are applicable to 

the sUAS. The FAA has issued numerous exemptions to this regulation. A representative sample of 

other exceptions includes Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700. 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 section and Part 43 apply only to 

aircraft with an airworthiness certificate, these sections will not apply to the applicant. Maintenance 

will be accomplished by the operator pursuant to the flight manual and operating handbook as 

referenced in the Manual.(See Sections L and Q) An equivalent level of safety will be achieved because 

these small UASs are very limited in size and will carry a small payload and operate only in restricted 

areas for limited periods of time. If mechanical issues arise the UAS can land immediately and will be 

operating from no higher than 400 feet AGL. As provided in the Manual, the operator will ensure that 

the UAS is in working order prior to initiating flight, perform required maintenance, and keep a log of 

any maintenance performed. Moreover, the operator is the person most familiar with the aircraft and 

best suited to maintain the aircraft in an airworthy condition to provide the equivalent level of safety. 

The operation of small UASs, weighting less than 55 lbs., conducted in the strict conditions outlined 

above, will provide an equivalent level of safety supporting the grant of the exemptions requested 

herein, including exempting the applicant from the requirements of Part 21 and allowing commercial 

operations. These lightweight aircraft operate at slow speeds, close to the ground, and in a sterile 

environment and, as a result, are far safer than conventional operations conducted with turbine 

helicopters operating in close proximity to the ground and people. Privacy All flights will occur over 

private or controlled access property with the property owner’s prior consent and knowledge. Filming 

will be of people who have also consented to being filmed or otherwise have agreed to be in the area 

where filming will take place. 

Set forth below are pictures of aerial filming conducted in both day and night environment, as flown 

today in highly populated and/or urban areas, with turbine powered helicopters. The grant of this 

exemption request will provide improved safety in both day and night operations. 

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 for the grant of the requested 

exemptions allowing commercial operation of applicant’s UAS in the motion picture and television 

industry pursuant to the Manual appended hereto. 

Sincerely, 

Joshua S Gabrielson

CEO

Olde Dominion Services, Inc. 
63 Jubals Pass

Rocky Mount, VA 24151

Joshua@weddingsinroanoke.com

540.353.8762