ANDRE B. GERVAIS
- SECTION 333 EXEMPTIO N PETITION

1 

## Exemption Request Regulatory

Docket No. TBD The following petition is submitted by **ANDRE B. GERVAIS** and made to UNITED STATES OF AMERI CA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION WASHI NGTON, 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), 91.20 3(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 s ys tem (UAS) to conduct aerial videography and cinematograph y 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 d ecision**  **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, Realto r®, 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 s ys tems (UAS) for the purpose of aerial videograph y/ cinematography and augment real estate listing videos

. **CURRENT EXEMPTION PETITION I**  **, ANDRE B. GERVAIS**  **, submit the following:** ANDRE B. GERVAIS
- SECTION 333 EXEMPTIO N PETITION

2 **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 DJ I PHANTOM 3 Advanced and Professional Models and DJ I INSPIRE 1 ( or similar, should newer, safer and /or more advanced models become available ) quad

- copter unmanned aircraft sy stem (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 cinematograph y would be beneficial

. In reference (a), Exemption No. 11138 (which is essentially identical to m y 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 Guide s , 4 ) PHAN TOM 3 Advanced and Professional User Manual s, 5 ) In spire 1 Quick Start Guide , 6 ) Inspire 1 User Manual (all hereinafter refe r

red 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 request s which the FAA determined “relief not necessary” in reference (a), Exemption No. 11138 / Regulatory Docket No. FAA

- 2014

- 0481

. Section s 45.23 (a) (b) , 45.27(a) and 45.29 whi ch 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 p hrases. Further, two
- inch lettering would be difficult and unreadable if place d on such a small aircraft with dimension s 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 th e regulatory

requirements of § 47.15, which were designed to appl y to large

- asset manned aircraft. ” Section 91.7(a) which prescribe s that no person may operate a civil aircraft unless it is in an ai rworth y condition. Hobby grade UAs do not currently require airworthiness certificates. I will , however, perfo rm a preflight inspection of my UAS before each flight as outlined in the operating documents and in accordance with manufacturer specifications t o 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 EXEMPTIO N PETITION

3 (b) Over any congested area of a city, town, or settlement, or over any open air assembl y 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 spars ely 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 area s at a disadvantage b y limiting enhanced marketing of their homes or businesses, thereb y 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 m ountains, golf courses, lake s , or other attractions not possible through ground level photograph y or video graphy

. Reasonable and responsible aerial photography /video graph y in congested and other than congested areas of subdivisions , neighborhoods and/or bu sinesses can be safel y 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 altim eter setting available before departure.” Hobb y 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 afte r that for at least 30 minutes. The UAS flights will be conducted line of sight so no cross country

will flown ne gating the need for fuel reserves. Section 91.405(a) which requires, in pertinent part, that an aircraft operator or o wner shall have that aircraft inspected as prescribed in subpart E of the same part and shall, between required inspections, except as pr ovided 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 mai ntenance, rebuilding, or alteration unless it has been approved for return to service b y a person authorized under §43.7 of the same chapter. Section 91.409(a) (1) and (2) which pres crib e , 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 serv ice b y 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.ANDRE B. GERVAIS
- SECTION 333 EXEMPTIO N PETITION

4 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 refer ence 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 b y 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) Copi es of the forms prescribed b y § 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 b y other work or for 1 ye ar 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 op erator under §43.11 of this chapter shall be retained until the defects are repaired and the aircraft is approved for return to service.ANDRE B. GERVAIS
- SECTION 333 EXEMPTIO N PETITION

5 I am requesting an exemption from §§ 91.405(a), 91.407(a)(1), 91.409(a)(2) and 91.417(a) and (b) Maintenance Inspection s be granted since they only appl y to aircraft with an airworthine ss certificate and not hobb y grade UAs. Also, a UAS does not require a certificated A&P or other maintenance person to perform inspections. I will perfo rm 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 DJ I INSPIRE 1 , which are comprised o f 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 b y electric motors powered by batteries. The UA has a maximum airspeed of approximately 30 knots. In corporated into the programming of the Phantom is an automatic return home fe ature 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 listing s and other business and industry photos and videos. I also propose to abide by an d ensure this exemption will provide a level of safety at least equal to existing rules: • I will only

operate in reasonably

saf e environments that are controlled, are away fro m power lines, elevated lights and airports (witho ut 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 Com mand (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 ye ars, I have a detailed familiarity with the FAR/AIM, including all classes of airspace and special use airspace, IFR and VFR sectionals, and am legall y 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 photograph y, videography and cinematography by

having access to a leg ally licensed and exempted UAS operator.ANDRE B. GERVAIS
- SECTION 333 EXEMPTIO N PETITION

6 Regarding UAS operational training, I will have flown numerous practice flights in remote areas simulating flights for future photograph y/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 ( PI C )

. • UAS will be operated at an air speed less than or equal to 30 knots in accordance with procedures specified in the operating documents.

• L and the UAS prior to the manufacturer’s recommended minimum level of battery power.
• O perate the UAS only within visual line of sight (VLOS) of m ys elf as PIC

. • U se the global positioning s ys tem (GPS) flight safety feature of the UAS whereb y it hovers and then slowl y 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.

• In spect 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 train ing, 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 5 0 feet of people on the ground unless those people are in side a building or structure . A sign will be posted stating “Attention

– Aerial Photograph y in Progress. Remain Back 5 0 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 f lying 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/lan ding point prior to flight.ANDRE B. GERVAIS
- SECTION 333 EXEMPTIO N PETITION

7 • 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 b y permission of the owner of the land, stru cture, 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 m y 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 photograph y and videograph y operations for private or commercial properties and bu sinesses benefit the public with enhanced perspective s of characteristics, amenities, and benefits a property has that cannot be displayed through ground level photograph y and videograph y . And while this is essentially the same request as the one granted under Exemption No. 11138 / Regulatory Docket No. FAA

2014

- 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