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November 29, 2015, 9:00PM

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 Unmanned 

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) operations 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 WI 53066

Cell: 262 354-2856

Timothy E. Tyre, partner Terra Vigilis, LLC

6919 N. Wildwood Point Rd.

Hartland WI 53029

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 which 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 Timothy Tyre (pilot certificate 

2758290 including an instrument rating, advanced ground rating and insrument ground 

instructor), seeks exemptions from the following provisions of the Federal Aviation 
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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 services.

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 airspace (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 minimize 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 exceeding 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 operations

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 airline 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, including 
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evasive and emergency maneuvers and maintaining appropriate distances from 

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

currency will be logged in a manner consistent with 14 CFR § 61.51(b). Training 

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 Waiver 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.
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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, 91.119(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