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November 29 , 2015 , 9 : 00 PM

U.S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE Washington, DC 20590

Reference: Terra Vigilis, LLC Petition for Section 333 Exemption: Small Unmann ed Aircraft Systems in security, aerial photography, geographic information system operations , and training. Dear Sirs : Terra Vigilis, LLC seeks exemptions from certain Federal Aviation Regulations (FAR) in accordance with section 333 of the FAA Modernization and Reform Act of 2012. Terra Vigilis provides services including real estate photography, yacht photography and inspections for business and individuals, and fire and law enforcement support (e.g. hazmat, search and rescue and surveillance) operatio ns and finally training . In these situations, Unmanned Aircraft System ( UAS ) technology will reduce the environmental impact from manned aircraft with their emissions while increasing safety **Operator’s names and addresses:** George Sargent, partner Terra Vigilis, LLC N60 W38500 Blackhawk Dr. Oconomowoc W I 53066 Cell: 262 354

-2856 Timothy E. Tyre, partner Terra Vigilis, LLC 6919 N. Wi ldwood Point Rd. Hartland WI53029 Cell: 414 581

- 1670 **Make and Model of aircraft:**  The UAS that Terra Vigilis seeks to deploy are the **Phantom 3 and Inspire 1 quadcopters, both manufactured by**  **DJI Inc**

. , the leading supplier of quadcopters in the world. For the sake of precision, these will be subsequently referenced as "TV air assets”. **Specific regulation from wh**  **ich relief is required :**  Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA) and 14 C.F.R. Part 11, Terra Vigilis, whose founding partner is Ti mothy Tyre (pilot certificate 2758290 including an instrument rating, advanced ground rating and insrument ground instructor) , seeks exemptions from the following provisions of the Federal Aviationp. 2

Regulations (FAR) in accordance with Section 333 of the FAA Modernization and Reform Act of 2012 for the TV air assets :

 14 C.F.R. Part 61.23(a )

 14 C.F.R. 61.113(a)

 14 C.F.R. 91.7(a)

 14 C.F.R. 91.109

 14 C.F.R. 91.119(c)

 14 C.F.R. 91.121

 14 C.F.R. 91.151

 14 C.F.R. 91.405(a)

 14 C.F.R. 91.407(a) (1)

 14 C.F.R. 91.409(a) (1) & (2)

 14 C.F.R. 91.417(a) & (b) **Relief sought :**  Exemption from the above C.F. R. sections would allow Terra Vigilis to perform services in four areas: 1. real estate photography, 2. fire and law enforcement support (e.g. hazmat, search and rescue and surveillance) , 3. training and educational services , and 4. surveying servi ces. **Public benefit:**  The small size of the UAS will consume fewer resources than a traditional small airplane. Furthermore, their small size and weight contributes to safety on the ground should an accident occur. Additionally, the pilot in command and observer remain on the ground

– an added safety benefit. Because of the small size of UAS compared to their manned airplanes, UAS technology will a reduced environmental impact through fewer consumables and less emissions

. Finally, UAS can operate in very restricted ai rspace (0 to 400 ft. AGL) to support effectively the mission

. Instructional flights will allow Terra Vigilis to train new operators in the safe use of the UAS whether they plan to fly for commercial or hobby purposes

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**Safety not adversely affected:**  Terra Vigilis’ flight operations will achieve a level of safety at least equivalent (likely much greater than) manned aircraft operations. This level of safety is due to the UAS’s: small size: limits congestion, limited payload: this and small size minimi ze potential collision damage, lack of a pilot : increases pilot and observer safety, lack of fuel : reduces fire potential , and operational restrictions of the TV air assets

. See next. All flights, regardless of the mission of the flight, will adhere to the same operational restrictions : 1. Operations will be limited to TV air assets manufactured by DJI inc, weighing less than 55 pounds including payload

. 2. Operations for the purpose of closed

-set motion picture and television filming will not be conducted

. 3. The TV air assets will not be operated at a speed exceedin g 87 knots (100 miles per hour)

. 4. The TV air assets will not be operated at an altitude greater than 400 feet above ground level (AGL). 5. All operations will utilize a visual observer (VO) . The VO and PIC will be able to communicate verbally at all times. 6. The TV air assets will be operated within visual line of sight (VLOS) of the pilot in command ( PIC ) and/or VO at all times. 7. All documents needed to operate the TV air assets and conduct its ope rations and any documents required under 14 CFR §§ 91.9 and 91.203 will be accessible during UAS operations. These documents will be made available to the Administrator or any law enforcement official upon request. 8. Any TV air assets that has undergone maintenance or alterations that affect the UAS operation or flight characteristics will undergo a functional test flight prior to conducting further operations. Functional test flights will 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. 9. The operator will be responsible for maintaining and inspecting the TV air assets to ensure that it is in a condition for safe operation. 10. Prior to each flight, the PIC will conduct a pre

-flight inspection and determine the TV air assets is in a condition for safe flight. 11. The operator will maintain the TV air assets in a condition for safe flight

. 12. The PIC will hold either an airli ne transport, commercial, private, recreational, or sport pilot certificate. The PIC will also hold a current FAA airman medical certificate or a valid U.S. driver’s license as appropriate to the certificate . The PIC will 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. 13. The PIC will demonstrate the ability to safely operate the UAS in a manner consistent with how the UAS will be operated under this exemption, inclu dingp. 4

evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PIC qualificatio n flight hours and currency will be logged in a manner consistent with 14 CFR § 61.51(b). T raining operations will 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 will operate the UA with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119. 14. All operations will be conducted during the day . All operations will be conducted under visual meteorological conditions (VMC). 15. The TV air assets will not operate within 5 nautical miles of an airport 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 will be made available to the Administrator or any law enforcement official upon request. 16. The TV air assets 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. 17. If the UAS loses communications or loses its GPS signal, the TV air assets will return to a pre-determined location within the private or controlled

-access property. 18. The PIC will abort the flight in the event of unpredicted obstacles or emergencies. 19. All flight operations will conclude with at least five minutes reserve power

. 20. All operations shall be conducted in accordance with an Air Traffic Organization (ATO)

- issued Certificate of Wa iver or Authorization (COA)

. 21. All aircraft will 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. 22. The TV air assets will remain clear and give way to all manned aviation operations and activities at all times. 23. All Flight operations will 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 TV air assets , 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. 24. All operations will be conducted over private or controlled

-access property with permission from the property owner/controller or authorized representative.p. 5

Permission from property owner/controller or authorized representative will be obtained for each flight to be conducted. 25. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the operational area as defined by the applicable COA will be reported to the FAA's UAS Integration Office (AFS −80) within 24 hours. Accidents will be reported to the National Transportation Safety Board (NTSB)

. **Summary :**  Petitioner: Terra Vigilis, LLC Enterprises, LLC Sections of 14 C.F. R. Affected: Part 61.23(a) , 61.113(a), 91.7(a), 91.109, 91.11 9(c), 91.121, 91.151, 91.405(a), 91.407(a) (1), 91.409(a) (1) & (2), and 91.417(a) & (b) Description of Relief Sought: Petitioner seeks relief from the requirements of 14 C.F.R. Part 61.23(a) & (c), 61.101(e) (4) & (5), 61.113(a), 61.315(a), 91.7(a), 91.119(c), 91.121, 91.151, 91.405(a), 91.407(a) (1), 91.409(a) (1) & (2), and 91.417(a) & (b). Petitioner will use this relief to conduct commercial UAS operations for photography, surveying and training purposes. Respectfully,

George Sargent and Timothy E. Tyre