February 26, 2016 

Terry J Cavalier

36088 Klienpeter Rd.

Prairieville, La. 70769

225-315-7261

tcavalier97@gmail.com

RE: FAA-2007-3330-0001 for FAA Section 333 Petitions 

Dear Sir or Madam:

This petition is being submitted on my 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, Terry J. Cavalier, a freelance multimedia producer, 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 Terry J. Cavalier to pursue his commercial interests

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

Estate, Marketing, Land Management/Surveying, Special Events, Construction Sites, Golf 

Courses, and Agriculture/Livestock. Terry Cavalier states that all sUAS flights will occur

over private or controlled access property and will do so with the property owner's consent

and knowledge and that only people

who have consented or otherwise have agreed to be within the UAS’ radius during filming

and photography applications.

Terry Cavalier has demonstrated the ability to safely and effectively fly the sUAS DJI

Phantom 3 which will be used for all commercial and private purposes. Terry Cavalier

complies with local ordinances and laws regarding the operation of sUAS, and adheres to all

weather and environmental restrictions or limitations in reference to the operations of sUAS.

All flights will occur in ordinance with any state or local laws regarding privacy.
I, Terry Cavalier, am seeking the exemption because I am committed to complying with all

of the rules, guidelines, limitations, and future legislation set forth by the FAA. I agree to

operate the sUAS in the manner that I have described, and for the purposes that I have

described. Without the exemption request granted, I would be unable to safely and

effectively run my business, and it is my intention to comply with the FAA and obtain an

exemption of the following regulations.

 

The following contains my list of regulations from which I am seeking exemption, and a

complete list of responsibilities I assume as operator; it also contains information regarding

the aircraft, public benefit and safety features, and similar petitions requests granted.

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. 91.11

 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

I, THE OPERATOR, ASSUME THE FOLLOWING RESPONSIBILITIES

1. Operations authorized by this grant of exemption are limited to the DJI Phantom 3 when

weighing less than 55 pounds including payload. Proposed operations of any other aircraft

will require a new petition or a petition to amend this exemption.

2. Operations for the purpose of closed-set motion picture and television filming are not

permitted.

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The

exemption holder may use either groundspeed or calibrated airspeed to determine compliance

with the 87 knot speed restriction. In no case will the UA be operated at airspeeds greater

than the maximum UA operating airspeed recommended by the aircraft manufacturer.

4. The UAS must be operated at an altitude of no more than 400 feet above ground level

(AGL). Altitude must be reported in feet AGL.

5. The UA must be operated within visual line of sight (VLOS) of the PIC at all times. This

requires the PIC to be able to use 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.

6. All operations must utilize a visual observer (VO). The UA must be 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 as long as the PIC always maintains VLOS capability. The VO and

PIC must be able to communicate verbally at all times; electronic messaging or texting is not

permitted during flight operations. The PIC must be designated before the flight and cannot

transfer his or her designation for the duration of the flight. The PIC must ensure that the VO

can perform the duties required of the VO.

7. This exemption and all documents needed to operate the UAS and conduct its operations in

accordance with the conditions and limitations stated in this grant of exemption, are

hereinafter referred to as the operating documents. The operating documents must be

accessible during UAS operations and made available to the Administrator upon request. If a

discrepancy exists between the conditions and 4 limitations in this exemption and the

procedures outlined in the operating documents, the conditions and limitations herein take

precedence and must be followed. Otherwise, the operator must follow the procedures as

outlined in its operating documents. The operator may update or revise its operating

documents. It is the operator’s responsibility to track such revisions and present updated and

revised documents to the Administrator or any law enforcement official upon request. The

operator must also present updated and revised documents if it petitions for extension or

amendment to this grant of exemption. If the operator determines that any update or revision

would affect the basis upon which the FAA granted this exemption, then the operator must

petition for an amendment to its grant of exemption. The FAA’s UAS Integration Office

(AFS−80) may be contacted if questions arise regarding updates or revisions to the operating

documents.

8. Any UAS that has undergone maintenance or alterations that affect the UAS operation or

flight characteristics, e.g., replacement of a flight critical component, must undergo a

functional test flight prior to conducting further operations under this exemption. Functional

test flights may only be conducted by a PIC with a VO and must remain at least 500 feet from

other people. The functional test flight must be conducted in such a manner so as to not pose

an undue hazard to persons and property.

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is

in a condition for safe operation.

10. Prior to each flight, the PIC must conduct a pre-flight inspection and determine the UAS is

in a condition for safe flight. The pre-flight inspection must 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 is prohibited from

operating until the necessary maintenance has been performed and the UAS is found to be

in a condition for safe flight.

11. The operator must follow the UAS manufacturer’s maintenance, overhaul, replacement,

inspection, and life limit requirements for the aircraft and aircraft components.

12. Each UAS operated under this exemption must comply with all manufacturer safety

bulletins.

13. Under this grant of exemption, a PIC must hold either an airline transport, commercial,
private, recreational, or sport pilot certificate. The PIC must also hold a current FAA airman

medical certificate or a valid U.S. driver’s license issued by a state, the District of Columbia,

Puerto Rico, a territory, a possession, or the Federal government. The PIC must also meet the

flight review requirements specified in 14 CFR § 61.56 in an aircraft in which the PIC is

rated on his or her pilot certificate. 5

14. The operator may 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

this exemption, including evasive and emergency maneuvers and maintaining appropriate

distances from persons, vessels, vehicles and structures. PIC qualification flight hours and

currency must be logged in a manner consistent with 14 CFR § 61.51(b). Flights for the

purposes of training the operator’s PICs and VOs (training, proficiency, and experiencebuilding) and determining the PIC’s ability to safely operate the UAS in a manner

consistent with how the UAS will be operated under this exemption are permitted under the

terms of this exemption. However, training operations may only be conducted during

dedicated training sessions. During training, proficiency, and experience-building flights,

all persons not essential for flight operations are considered nonparticipants, and the PIC

must operate the UA with appropriate distance from nonparticipants in accordance with 14

CFR § 91.119.

15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All

operations must be conducted under visual meteorological conditions (VMC). Flights under

special visual flight rules (SVFR) are not authorized.

16. The UA may 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 the exemption holder. The letter of agreement

with the airport management must be made available to the Administrator or any law

enforcement official upon request.

17. The UA may 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.

18. If the UAS loses communications or loses its GPS signal, the UA must return to a

pre-determined location within the private or controlled-access property.

19. The PIC must abort the flight in the event of unpredicted obstacles or emergencies.

20. The PIC is prohibited from beginning 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 five minutes or with the reserve power

recommended by the manufacturer if greater.

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All

operations shall be conducted in accordance with an ATO-issued COA. The exemption

holder may apply for a new or amended COA if it intends to conduct operations that

cannot be conducted under the terms of the attached COA. 6

22. All aircraft operated in accordance with this exemption must 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 must be as large as
practicable.

23. 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 must be available to the PIC at the

Ground Control Station of the UAS any time the aircraft is operating. These documents must

be made available to the Administrator or any law enforcement official upon request.

24. The UA must remain clear and give way to all manned aviation operations and activities at

all times.

25. The UA may not be operated by the PIC from any moving device or vehicle.

26. All Flight operations must be conducted at least 500 feet from all nonparticipating persons,

vessels, vehicles, and structures unless: a. Barriers or structures are present that sufficiently

protect nonparticipating persons from the UA and/or debris in the event of an accident. The

operator must 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 must cease immediately in a manner ensuring the safety of

nonparticipating persons; and b. 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. The PIC, VO, operator trainees or essential persons are not

considered nonparticipating persons under this exemption.

27. All operations shall be conducted over private or controlled-access property with

permission from the property owner/controller or authorized representative. Permission

from property owner/controller or authorized representative will be obtained for each flight

to be conducted.

28. Any incident, accident, or flight operation that transgresses the lateral or vertical

boundaries of the operational area as defined by the applicable COA must be reported to the

FAA's UAS Integration Office (AFS−80) within 24 hours. Accidents must be reported to

the National Transportation Safety Board (NTSB) per instructions contained on the NTSB

Web site: www.ntsb.gov.

SIMILAR EXEMPTIONS

They are similar in all/or many material respects to relief previously requested in Grant of

Exemption Nos. 11062, 11109, 11112, and 11213

Public Benefit and Safety

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.

Terry Cavalier is petitioning for an exemption to operate a DJI Phantom 3 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 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 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, Terry Cavalier’s operations adhere to the Reform Act's

safety requirements.