ANDRE B. GERVAIS - SECTION 333 EXEMPTION PETITION

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Exemption Request

Regulatory Docket No. TBD

The following petition is submitted by ANDRE B. GERVAIS and made to

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC 20591

for an exemption from Title 14, Code of Federal Regulations (14 CFR) Sections 45.23(a)(b),

45.27(a), 45.29, 47.15, 91.7(a), 91.119(b)(c), 91.121, 91.151(a), 91.405(a), 91.407(a)(1),

91.409(a)(2), and 91.417(a) & (b).

PREVIOUS GRANT OF EXEMPTION

I submit the following approved exemption as reference (a):

Exemption No. 11138 / Regulatory Docket No. FAA-2014-0481

By letter dated July 12, 2014, Mr. Douglas Trudeau, Realtor®, of Tierra Antigua Realty

Trudeau), 1650 E River Road, Suite 202, Tucson, AZ 85718 petitioned the Federal Aviation 

Administration (FAA) for an exemption from part 21, subpart H, and Sections 45.23(b), 1.113(a) 

and (b), 91.7(a), 91.9(b)(2), 91.103(b), 91.109, 91.119, 91.121, 91.151(a), 91.203(a) and (b),

91.405(a), 91.407(a)(1), 91.409(a)(2), and 91.417(a) and (b) of Title 14, Code of Federal 

Regulations (14CFR). The proposed exemption would allow Trudeau to operate the PHANTOM 

3 quad-copter unmanned aircraft system (UAS) to conduct aerial videography and 

cinematography to enhance academic community awareness for those individuals and companies 

unfamiliar with the geographical layout of the metro Tucson area and augment real estate listing 

videos.

The FAA’s decision pertaining to Exemption No. 11138

In consideration of the foregoing, I find that a grant of exemption is in the public interest. 

Therefore, pursuant to the authority contained in 49U.S.C. 106(f), 40113, and 44701, delegated 

to me by the Administrator, Mr. Douglas Trudeau, Realtor®, of Tierra Antigua Realty, is granted 

an exemption from 14CFR61.113(a) and (b), 91.7(a), 91.119(c), 91.121, 91.151(a)(1), 91.405(a), 

91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b) to the extent necessary to allow 

petitioner to operate an unmanned aircraft systems (UAS) for the purpose of aerial 

videography/cinematography and augment real estate listing videos.

CURRENT EXEMPTION PETITION

I, ANDRE B. GERVAIS, submit the following:
ANDRE B. GERVAIS - SECTION 333 EXEMPTION PETITION

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Summary of request

I am submitting this petition pursuant to the FAA Modernization and Reform Act of 2012 and 

the procedures contained within 14 C.F.R. 11, so that I may operate the DJI PHANTOM 3

Advanced and Professional Models and DJI INSPIRE 1 (or similar, should newer, safer and/or

more advanced models become available) quad-copter unmanned aircraft system (UAS) to 

conduct aerial photography, videography and cinematography to enhance academic community

awareness for those individuals and companies unfamiliar with the geographical layout of 

Florida and surrounding areas and states, and augment real estate listing photos/videos as well as 

photos/videos of other businesses for which UAS aerial photography, videography and 

cinematography would be beneficial.

In reference (a), Exemption No. 11138 (which is essentially identical to my request), an 

exemption was approved for an individual with no pilot certificate. I have held at least a private 

pilot certificate since 1995 and currently hold a Commercial, SEL and Instrument Rating. I 

also hold a Class III medical certificate.

I am supporting my request with the following information:

1) This Exemption Request, 2) PHANTOM Flying Flow Chart V1.0 (Simplified Version), 3) 

PHANTOM 3 Advanced and Professional Quick Start Guides, 4) PHANTOM 3 Advanced and 

Professional User Manuals, 5) Inspire 1 Quick Start Guide, 6) Inspire 1 User Manual (all 

hereinafter referred to as operating documents) and 7) Personal protocols and controls.

I request relief from the following regulations:

In the interest of brevity, I have omitted exemption requests which the FAA determined “relief 

not necessary” in reference (a), Exemption No. 11138 / Regulatory Docket No. FAA-2014-0481.

Sections 45.23(a)(b), 45.27(a) and 45.29 which pertain to aircraft markings and section 47.15 

pertaining to registration. The UA does not have a cabin, cockpit or pilot station on which to 

mark certain words or phrases. Further, two-inch lettering would be difficult and unreadable if

placed on such a small aircraft with dimensions smaller than the minimal lettering requirement.

This makes applying for and displaying an N number impractical, especially considering the 

design of the UA. Further, in the current NPRM for Small UAS, the “FAA proposes to exempt 

small unmanned aircraft which have not previously been registered anywhere from the 

regulatory requirements of §47.15, which were designed to apply to large-asset manned aircraft.”

Section 91.7(a) which prescribes that no person may operate a civil aircraft unless it is in an 

airworthy condition. Hobby grade UAs do not currently require airworthiness certificates. I will, 

however, perform a preflight inspection of my UAS before each flight as outlined in the 

operating documents and in accordance with manufacturer specifications to comply with 91.7(b).

Section 91.119(b)(c) which prescribes that, except when necessary for takeoff or landing, no 

person may operate an aircraft below the following altitudes:
ANDRE B. GERVAIS - SECTION 333 EXEMPTION PETITION

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(b) Over any congested area of a city, town, or settlement, or over any open air assembly 

of persons, an altitude of 1,000 feet above the highest obstacle within a horizontal radius of 

2,000 feet of the aircraft.

(c) Over other than congested areas at an altitude of 500 feet above the surface, except 

over open water or sparsely populated areas. In those cases, the aircraft may not be operated 

closer than 500 feet to any person, vessel, vehicle, or structure.

Such restrictions put owners in congested and other than congested areas at a disadvantage by 

limiting enhanced marketing of their homes or businesses, thereby discriminating against them. 

Vertical takeoff and landing while photographing or making a video recording of a home or 

business can allow an enhanced perspective of the structure as well as its proximity of 

mountains, golf courses, lakes, or other attractions not possible through ground level 

photography or videography. Reasonable and responsible aerial photography/videography in 

congested and other than congested areas of subdivisions, neighborhoods and/or businesses can 

be safely conducted.

Section 91.121 which requires, in pertinent part, 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.” Hobby grade UAs do not have an 

altimeter that can be set.

Section 91.151(a)(1) which prescribes that no person may begin 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, during the day, 

to fly after that for at least 30 minutes. The UAS flights will be conducted line of sight so no 

cross country will flown negating the need for fuel reserves.

Section 91.405(a) which requires, in pertinent part, that an aircraft operator or owner shall have 

that aircraft inspected as prescribed in subpart E of the same part and shall, between required 

inspections, except as provided in paragraph (c) of the same section, have discrepancies repaired 

as prescribed in part 43 of the chapter.

Section 91.407(a)(1) which prohibits, in pertinent part, any person from operating an aircraft that 

has undergone maintenance, preventive maintenance, rebuilding, or alteration unless it has been 

approved for return to service by a person authorized under §43.7 of the same chapter.

Section 91.409(a)(1) and (2) which prescribe, in pertinent part, that-

(1) no person may operate an aircraft unless it has had an annual inspection in accordance 

with part 43 of this chapter and has been approved for return to service by a person 

authorized by §43.7 of this chapter, and

(2) within the preceding 12 calendar months, it has had an inspection for the issuance of 

an airworthiness certificate in accordance with part 21 of this chapter.
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Section 91.417(a) and (b) which prescribe, in pertinent part, that-

(a) each registered owner or operator shall keep the following records for the periods 

specified in paragraph (b) of this section:

(1) Records of the maintenance, preventive maintenance, and alteration and records 

of the 100 hour, annual, progressive, and other required or approved inspections, 

as appropriate, for each aircraft (including the airframe) and each engine, 

propeller, rotor, and appliance of an aircraft. The records must include:

(i) A description (or reference to data acceptable to the

Administrator) of the work performed, and

(ii) The date of completion of the work performed, and

(iii) The signature, and certificate number of the person approving the 

aircraft for return to service.

(2) Records containing the following information:

(i) The total time in service of the airframe, each engine, each propeller, and each 

rotor.

(ii) The current status of life-limited parts of each airframe, engine, propeller, 

rotor, and appliance.

(iii) The time since last overhaul of all items installed on the aircraft which are 

required to be overhauled on a specified time basis.

(iv) The current inspection status of the aircraft, including the time since the last 

inspection required by the inspection program under which the aircraft and its appliances are 

maintained.

(v) The current status of applicable airworthiness directives (AD) and safety 

directives including, for each, the method of compliance, the AD or safety directive number and 

revision date. If the AD or safety directive involves recurring action, the time and date when the 

next action is required.

(vi) Copies of the forms prescribed by §43.9(d) of this chapter for each major 

alteration to the airframe and currently installed engines, rotors, propellers, and appliances.

(b) The owner or operator shall retain the following records for the periods prescribed:

(1) The records specified in paragraph (a)(1) of this section shall be retained until 

the work is repeated or superseded by other work or for 1 year after the work is performed.

(2) The records specified in paragraph (a)(2) of this section shall be retained and 

transferred with the aircraft at the time the aircraft is sold.

(3) A list of defects furnished to a registered owner or operator under §43.11 of 

this chapter shall be retained until the defects are repaired and the aircraft is approved for return 

to service.
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I am requesting an exemption from §§91.405(a), 91.407(a)(1), 91.409(a)(2) and 91.417(a) and 

(b) Maintenance Inspections be granted since they only apply to aircraft with an airworthiness 

certificate and not hobby grade UAs. Also, a UAS does not require a certificated A&P or other 

maintenance person to perform inspections. I will perform a preflight inspection of my UAS 

before each flight as outlined in the operating documents and in accordance with manufacturer 

specifications.

Unmanned Aircraft System 

I will operate a UAS, the DJI PHANTOM 3 Advanced and Professional Models and DJI 

INSPIRE 1, which are comprised of an unmanned aircraft (hereafter referred to as UA or 

PHANTOM) and a transportable ground station. The PHANTOM is referred to as a quad-copter 

which is a hobby grade radio controlled (RC) UA that has the capacity for software upgrades and

a maximum gross weight of about 3 pounds. It is equipped with four rotors that are driven by 

electric motors powered by batteries. The UA has a maximum airspeed of approximately 30 

knots. Incorporated into the programming of the Phantom is an automatic return home feature 

that automatically directs the UA back to point of takeoff should communication with the 

transmitter be lost. Both UAS comply with Part 15 of the FCC Rules.

A small, ultra-lightweight camera may be factory installed or a similar camera, such as a GoPro,

may be attached to the UA that I will operate over various areas in and around Florida as well as 

other states to enhance academic community awareness and augment real estate listings and 

other business and industry photos and videos. 

I also propose to abide by and ensure this exemption will provide a level of safety at least equal 

to existing rules:

• I will only operate in reasonably safe environments that are controlled, are away from 

power lines, elevated lights and airports (without prior communication with the controlling 

authority) and

• I will conduct preflight inspections and protocols as outlined in the operating documents 

and in accordance with manufacturer specifications with safety as the primary concern.

UAS Pilot in Command (PIC)

I have held at least a private pilot certificate since 1995 and currently hold a Commercial, SEL 

and Instrument rating. I also hold a Class III medical certificate.

Holding at least a private pilot certificate for 20 years, I have a detailed familiarity with the 

FAR/AIM, including all classes of airspace and special use airspace, IFR and VFR sectionals, 

and am legally eligible to fly for compensation or hire (§61.167(a), (§61.133(a)(1)(ii)). This will 

serve the public in all industries in addition to real estate that may benefit from UAS aerial

photography, videography and cinematography by having access to a legally licensed and 

exempted UAS operator.
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Regarding UAS operational training, I will have flown numerous practice flights in remote areas 

simulating flights for future photography/videography to gain the necessary familiarization with 

the characteristics of the UAS performance under different wind, temperature and other weather 

conditions.

UAS Operating Parameters

I will abide by the following additional operating conditions under this exemption:

• All operations will be conducted with me as Pilot in Command (PIC).

• UAS will be operated at an air speed less than or equal to 30 knots in accordance with 

procedures specified in the operating documents.

• Land the UAS prior to the manufacturer’s recommended minimum level of battery

power.

• Operate the UAS only within visual line of sight (VLOS) of myself as PIC.

• Use the global positioning system (GPS) flight safety feature of the UAS whereby it 

hovers and then slowly lands if communication with the Ground Control System is lost.

• Have in my possession during flights the operating documents and the grant of 

exemption and will adhere to the conditions set forth therein.

• Inspect the UA and Ground Control System prior to each flight to ensure they are in a 

condition for safe flight. Should an unsafe condition be noted, the flight will not be conducted 

until proper maintenance can be performed and logged.

• Conduct a functional test flight following any maintenance or alterations that may affect 

UAS operations to ensure proper function and make an entry of such in the UAS records.

• Follow all UAS manufacturer component, maintenance, overhaul, replacement, 

inspection and life limit requirements.

• Carry out UAS maintenance, inspections, and record keeping requirements in 

accordance with the operating documents. Maintenance, inspection, alterations and any other 

description of work accomplished will be noted in the UAS records prior to returning the UAS to 

service.

• Comply with all safety bulletins.

• Conduct ongoing training, proficiency and experience-building flights and comply with 

the requirement of 3 takeoffs and landings within a 90 day period.

• Operate the UAS at an altitude less than or equal to 500 feet AGL and not within 50 

feet of people on the ground unless those people are inside a building or structure. A sign will be 

posted stating “Attention – Aerial Photography in Progress. Remain Back 50 Feet” (This will be 

more restrictive than the current NPRM for the Micro UAS Subclassification of UAs up to 4.4 

lbs. which proposes that flying over any person is permitted.)

• UAS operations will be conducted during the day under Visual Meteorological 

Conditions (VMC). No operations will be conducted at night.

• Flights will be aborted should unpredicted obstacles or emergencies arise.

• Flights within 5 nautical miles of an airport (where a great deal of real estate and 

businesses exist) will only be conducted with prior communication to the appropriate airport 

personnel as to location, altitude and duration of the flight.

• Wind and weather conditions will be considered at the takeoff/landing point prior to 

flight.
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• Right of way will be given to all manned air operations at all times.

• UAS operations will not be conducted from any moving device or vehicle.

• UAS operations will be conducted by permission of the owner of the land, structure, 

vehicle or vessel or their authorized representative. Permission need only be granted once should 

repeat flights over the aforementioned land, structure, vehicle or vessel be deemed warranted.

In conclusion

I believe my request for exemption is warranted in this case and respectfully request that it be 

granted without termination date for the reasons I have stated above. Aerial photography and 

videography operations for private or commercial properties and businesses benefit the public 

with enhanced perspectives of characteristics, amenities, and benefits a property has that cannot 

be displayed through ground level photography and videography. And while this is essentially

the same request as the one granted under Exemption No. 11138 / Regulatory Docket No. FAA2014-0481, my request goes further in that I currently hold Commercial and Class III medical 

certificates.

Thank you for your time and attention to my request.

Respectfully,

ANDRE B. GERVAIS