Robert S. Musser / Owner/UAS Pilot, Sebastian, FL —Section 333 Exemption Petition

October 6, 2015

U. S. Department of Transportation

Docket Management System

1200 New Jersey Ave, SE

Washington, DC 20590

RE: Exemption Request Section 333 of the FAA Reform Act of the Federal Aviation Regulations from 14 

C.F.R. 45.23(b); 14 C.F.R. Part 21; 14 C.F.R. 61.113(a)&(b); 91.7(a); 91.9(b); (2); 91.103(b); 91.109; 

119.121; 91.151(a); 91.203(a)&(b); 91.405(a); 91.407(a) (1); 91.409(a) (2); 91.417 (a)&(b)

Dear Sir or Madam,

I, Robert S. Musser, am writing pursuant to the FAA Modernization and Reform Act of 2012 and the 

procedures contained within 14 C.F.R. 11, to request that I, Robert S. Musser, an owner and operator of 

small unmanned aircraft, be exempt from the Federal Aviation Regulations (“FARs”) listed below so that 

I, Robert S. Musser, may operate my small ultra light weight unmanned aircraft system (“UAS”) 

commercially in airspace regulated by the Federal Aviation Administration (“FAA”).

As described herein, I, Robert S. Musser, am a commercial photographer and short film 

cinematographer and provide clients with expertise and knowledge in photography and video to 

increase marketability, efficiency, productivity and effectiveness. Robert S. Musser provides clients with 

both still photography and video for use in print and online promotional materials. Robert S. Musser has 

established himself as an innovator in multimedia and is recognized as providing quality business 

marketing solutions. In addition, Robert S. Musser has over 40 years recreational/hobby experience 

flying UAS’ and five (5) years’ experience flying quadcopter UAS’ with cameras. I have three

quadcopters which are each equipped with a camera and intended for aerial 

videography/cinematography. The objective of Robert S. Musser, Doing Business As (DBA) Vista View

Photography, aerial video and photography operations is to provide high quality video and still imaging 

for a variety of commercial, public, and residential uses, specifically targeting:

 Aerial filming for tourism promotion in Florida
 Aerial event filming

 Aerial location filming

 Aerial real estate filming

 Aerial location scouting and safety inspection

 Increase public knowledge of UAS and promote safe UAS operations

My Vista View Photography exemption request would permit operation of the ultra light weight, 

unmanned (piloted by remote control) and comparatively inexpensive UAS(s) in tightly controlled and 

limited airspace. Flights are predetermined in areas away from general public, airports, heliports and 

vehicular traffic for community videos, and within property boundaries for businesses and individual 

homeowner real estate listing videos/photos. Currently, similar lightweight, remote control UAS’ are 

legally operated by unmonitored amateur hobbyists with no safety plan or controls in place to prevent 

catastrophe. I, Robert S. Musser, have personally instilled safety protocols and controls to avoid and 

prevent public hazard, as well as manned aircraft hazards/catastrophe. 

I, Robert S. Musser have invested a tremendous amount of time and money for education and proper 

equipment with the main objective of safety in order to provide a safe and professional alternative for 

my client’s promotional videos; following exemption and approval by the FAA. I, Robert S. Musser, will 

record flight data and other information gained through permitted flight operations to share with the 

FAA through any required FAA reports to assist with future protocol and safety regulation to further 

enhance safety protocols exclusive to lightweight UAS’.

Granting my, Vista View Photography, request comports with the Secretary of Transportation’s (FAA 

Administrations) responsibilities and authority to not only integrate UAS’ into the national airspace 

system, but to “...estabIish requirements for the safe operation of such aircraft systems [UAS’] in the 

national airspace system” under Section 333(c) of the Reform Act specific to the use of UAS’ for 

commercial video recording purposes. Further, I, Robert S. Musser, will conduct my operations in 

compliance with the protocols described herein or as otherwise established by the FAA.

For the reasons stated below, I, Robert S. Musser, respectfully request the grant of an exemption 

allowing me to operate ultra light weight, remote controlled UAS’ for academic community awareness 

to benefit/stimulate attraction to the Florida area and to enhance commercial and non-profit videos for 

business owners who cannot afford expensive manned aircraft for the same purpose. Both of which will 

promote local economic growth through increased employment and increased tax base while 

maintaining greater public safety by keeping heavier manned aircraft containing combustible fuel away 

from potential public hazard.
I. Contact Information:

Robert S. Musser / Owner/UAS Pilot

Vista View Photography

537 Joy Haven Drive

Sebastian, Florida 32958

772-783-5811

Vista View772@gmail.com

II. The Specific Sections of Title 14 of the Code of Federal Regulations from Which Robert S. Musser 

Requests Exemption are:

14 C.F.R. 21;

14 C.F.R. 45.23 (b);

14 C.F.R. 61.113 (a) & (b);

14 C.F.R. 91, et seq.;

14 C.F.R. 407 (a) (1);

14 C.F.R. 409 (a) (2); and,

14 C.F.R. 417 (a) & (b).

III. The extent of relief Robert S. Musser seeks and the Reason He Seeks Such Relief:

I, Robert S. Musser, submit this application in accordance with the Reform Act, 112 P.L. 95 §§ 331-334, 

seeking relief from any currently applicable FARs operating to prevent me, Robert S. Musser, from

performing any commercial, cinematic, academic or other flight operations within the national airspace 

system. The Reform Act in Section 332 provides for such integration of civil unmanned aircraft systems 

into our national airspace system as it is in the public’s interest to do so. My, Robert S. Musser’s, ultra 
light weight UAS meets the definition of “small unmanned aircraft’ as defined in Section 331 and 

therefore the integration of my ultra light weight UAS is expressly contemplated by the Reform Act. I 

would like to operate my ultra light weight UAS prior to the time period by which the Reform Act 

requires the FAA to promulgate rules governing such craft. Thereby, providing direct experience and 

valuable information for formal regulation that can be administered uniformly to all commercial and 

non-profit projects related UAS aerial video and photography. The Reform Act guides the Secretary in 

determining the types of UAS’ that may operate safely in our national airspace system. Considerations 

include: The weight, size, speed and overall capabilities of the UAS’; Whether the UAS will be operated 

near airports or heavily populated areas; and, Whether the UAS will be operated by line of sight. 112 P.L. 

95 § 333 (a). Each of these items reflects in favor of an exemption for me, Robert S. Musser. My UAS

utilizes four (4) counter-rotating propellers for balance, control and stability. My UAS is equipped with 

GPS and auto return safety technology. Weighing less than five (5) pounds (far below the maximum 55 

pound limit); including camera with gimbal.

I, Robert S. Musser, consider safety as a foremost goal with each flight. My small unmanned aircraft is 

designed to hover in place via GPS and operate in less than a 24 knot (15 mph) wind. For safety, stability 

and fear of financial loss, I will not fly in winds exceeding 10 mph. Built in safety systems include a GPS 

mode that allows my UAS to hover in place when radio controls are released. When pilot 

communication is lost the UAS is designed to slowly descend to the point of take-off. I do not operate 

my UAS near airports, hospitals or police heliports, and do not operate near areas where general public 

is within harm’s way depending on location, conditions and weather. I am constantly on alert for any 

manned aircraft (Police/Medical helicopters, etc.) and am prepared to land/abort immediately to the 

nearest and safest ground point should a manned aircraft approach my location or I suspect manned 

aircraft may approach near my location. My UAS is capable of vertical and horizontal operations, and are 

flown only within my line of sight as the remote control pilot. Utilizing battery power rather than 

combustible fuels, flights generally last between 10 to 20 minutes, with an altitude under four hundred 

(400) feet. I, Robert S. Musser, utilize a fresh fully charged battery with each flight as a safety 

precaution. The full flight time limit for each battery is 15 to 25 minutes as tested. I do not operate my 

UAS at or below manufacturer recommended minimum charge levels for operation; preferring to 

remain well within a safe operating range to insure adequate communication between radio control and 

UAS to eliminate the potential for crash, loss of control or hazard. Reserve batteries are at hand with 

each exercise to insure replacement for sufficient safe level of operation. I do not believe in taking risks

that may cause a crash, that could create hazard to the public/property/manned aircraft, and have no 

desire to lose an investment. I have logged numerous practice flights in familiarization with the 

characteristics of these specific UAS’ performance under different temperature and weather conditions. 

I also have with me at all practice flights and future commercial flights a second team member acting 

solely as a spotter. These precautions are all taken in the abundance of safety.

I, Robert S. Musser, am extremely cautious when operating of my UAS/ultra light weight unmanned 

aircraft and will not “create a hazard to users of the national airspace system of the public.” 112 P. L. 95 

§ 333 (b). Given the small size and weight of my UAS it falls well within Congress’ contemplated safety 

zone when it promulgated the Reform Act and the corresponding directive to integrate UAS’ into the 
national airspace system. Robert S. Musser’s UAS, used in hobby flight, has a demonstrable safety 

record and does not pose any threat to the general public or national security.

IV. How Robert S. Musser’s Request Will Benefit the Public as a Whole:

Aerial videography for geographical awareness and for marketing has been around for many years 

through manned fixed-wing aircraft and helicopters. For small budget companies and average 

homeowners, the expense of such aerial videography is cost prohibitive. Only large companies and high 

end businesses can afford such an expense, thus depriving lower budget businesses and homeowners 

from a valuable marketing tool. It is my objective to provide this service as a trained professional with a 

“safety first” mindset so that the eventual commercialization of UAS flight is not affected negatively by 

those who are doing this without proper training.

Congress has already proclaimed that it is in the public’s interest to integrate commercially flown UAS’ 

into the national airspace system, hence the passing of the Reform Act. Granting my, Vista View

Photography, exemption request furthers the public interest through academic/visual awareness of the 

geographical benefits in and around the Florida area. My ultra light weight UAS is battery powered and 

creates no emissions that can harm the environment. The consequence of my ultra light weight UAS

potentially crashing is far less than a full size helicopter or fixed-wing aircraft; which are heavy, contain 

combustible fuel and can cause catastrophic devastation to the public. The public’s interest is furthered 

by minimizing ecological and crash threat by permitting aerial video/photo capture through my battery 

operated ultra light weight UAS’. Permitting me, Robert S. Musser, to immediately fly within national air 

space furthers economic growth. Granting my exemption request substantially furthers the economic 

impact for Florida area tourism as well as the businesses that could promote their business through the

use of aerial video; both of which serve as a stimulus to the state of Florida.

V. Reasons Why Vista View Photography’s Exemption Will Not Adversely Affect Safety, Or How the

Exemption Will Provide a Level of Safety At Least Equal to Existing Rule:

My, Vista View Photography, exemption will not adversely affect safety. Quite the contrary, for the 

reasons stated permitting me, Robert S. Musser, to log more flight time in FAA controlled airspace with 

communication with the FAA, will allow me to contribute to the innovation and implementation of new 

and novel, as of yet undiscovered safety development in cooperation with the FAA. In addition, I, Robert 

S. Musser, submit the following representations of enhancements to current aerial videography and 

photography for business & promotion:

My UAS weighs less than 5 pounds complete with a small ultra light weight high quality camera;
I usually operate my UAS below 200 feet (well within the 400 foot permissible ceiling set by the FAA 

Modernization and Reform Act of 2012);

My UAS only operates for 10 to 20 minutes per flight;

I land my UAS prior to manufacturer recommended minimum level of battery power;

I pilot my UAS through remote control only by line of sight and with an additional spotter;

My UAS has a GPS flight safety feature whereby it hovers and then slowly lands if communication with 

the remote control pilot is lost;

I actively analyze flight data and other sources of information to constantly update and enhance safety 

protocols;

I only operate in reasonably safe environments that are strictly controlled, away from power lines, 

elevated lights, and airports and actively populated areas;

I conduct extensive pre-flight inspections and protocol, during which safety carries primary importance;

I always obtain all necessary permissions prior to operation; and,

I have procedures in place to abort flights in the event of safety breaches or potential danger.

My, Vista View Photography, safety protocols provide a level of safety equal to or exceeding existing 

rules. It is important to note that absent the integration of commercial UAS into our national airspace 

system, helicopters are the primary means of aerial video and photography for community awareness 

and commercial video. While the safety record of such helicopters is remarkably astounding, there have

been incidents involving loss of life as well as extensive property damage; therefore, it is far safer to 

operate a battery powered ultra light weight UAS.

First, the potential loss of life is diminished because UAS’ carry no people on board and I only operate 

my UAS in specific areas away from mass populations.

Second, there is no fuel on board a UAS and thus the potential for fire or explosion is greatly diminished.

Third, the small size and extreme maneuverability of my UAS allows me to remotely pilot away from and 

avoid hazards quickly and safely.

Lastly, given its small size and weight, and the use of advanced photographic technology, my UAS will 

never be in dangerous proximity to the events, property or people they are focused on.
Accordingly, my UAS has been experimentally operated for familiarization/competency and will 

continue to operate at and above current safety levels.

V1. A Summary the FAA May Publish in the Federal Register:

A. 14 C.F.R. 21 and 14 C.F.R. 91: Airworthiness Certificates, Manuals and the Like.

14 C.F.R. 21, Subpart H, entitled Airworthiness Certificates, sets forth requirements for 

procurement of necessary airworthiness certificates in relation to FAR § 91.203(a)(1). The size, weight 

and enclosed operational area of my, Vista View Photography’s UAS permits exemption from Part 21 

because my UAS meets (and exceeds) an equivalent level of safety pursuant to Section 333 of the 

Reform Act. The FAA is authorized to exempt aircraft from the airworthiness certificate requirement 

under both the Act (49 U.S.C § 44701 (f) and Section 333 of the Reform Act. Both pieces of legislation 

permit the FAA exempt UAS’ from the airworthiness certificate requirement in consideration of the 

weight, size, speed, maneuverability and proximity to areas such as airports and dense populations. My, 

Vista View Photography’s, current and projected UAS’ meet or exceed each of the elements.

14 C.F.R. 91.7(a) prohibits the operation of an aircraft without an airworthiness certificate. As no 

such certificate will be applicable in the form contemplated by the FARs, this Regulation is inapplicable.

14 C.F.R. § 91.9 (b) (2) requires an aircraft flight manual in the aircraft. As there are no on board 

pilots or passengers, and given the size of the UAS’, this Regulation is inapplicable. An equivalent level of 

safety will be achieved by maintaining a safety/flight manual delineating areas of where safety can be 

defined. The FAA has previously issued exemptions to this regulation in Exemption Nos. 8607, 8737, 

8738, 9299, 9299A, 9565, 9565B, 10167A, 10602, 10700 and 32827.

14 C.F.R. § 91.121 regarding altimeter settings is inapplicable insofar as my UAS utilizes 

electronic global positioning systems with a barometric sensor.

14 C.F.R. § 91.203 (a) and (b) provides for the carrying of civil aircraft certifications and 

registrations. They are inapplicable for the same reasons described above. The equivalent level of safety 

will be achieved by maintaining any such required certifications and registrations by me, Robert S. 

Musser.

B. 14 C.F.R. § 61.113: Private Pilot Privileges and Limitations: PIC.

Applicable Codes of Federal Regulation require aircraft to be marked according to certain 

specifications. My UAS are, by definition, unmanned. They therefore do not have a cabin, cockpit or pilot 

station on which to mark certain words or phrases. Further, two-inch lettering is difficult to place on 

such small aircraft with dimensions smaller than minimal lettering requirement. Regardless, I will mark 
the UAS in the largest possible lettering by placing the word “EXPERIMENTAL” on its fuselage as required 

by 14 C.F.R § 45.29 (f) so that I the pilot, or anyone assisting me as a spotter with the UAV will see the 

markings. The FAA has previously issued exemptions to this regulation through Exemptions Nos. 8738, 

10167, 10167A and 10700.

C. 14 C.F.R § 61.113: Private Pilot Privileges and Limitations: PIC.

Pursuant to 14 C.F.R. §§ 61.113 (a) & (b), private pilots are limited to non-commercial 

operations. I, Robert S. Musser, can achieve an equivalent level of safety as achieved by current 

Regulations because my UAS does not carry any pilots or passengers. Further, while helpful, a pilot 

license will not ensure remote control piloting skills. The risks attended to the operation of my UAS is far 

less than the risk levels inherent in the commercial activities outlined in 14 C.F.R. § 61, et seq. Thus, 

allowing me, Robert S. Musser, to operate my UAS will meet and exceed current safety levels in relation 

to 14 C.F.R. § 61.113 (a) & (b).

D. 14 C.F.R. 91.119: Minimum Safe Altitudes.

14 C.F.R. § 91.119 prescribes safe altitudes for the operation of civil aircraft. It allows helicopters 

to be operated at lower altitudes in certain conditions. My UAS will never operate at an altitude greater 

than 400 AGL, and has been programmed not to exceed 400 AGI. I, Robert S. Musser, will operate my 

UAS in safe areas away from public and traffic, providing a level of safety at least equivalent to or below 

those in relation to minimum safe altitudes. Given the size, weight, maneuverability and speed of my 

UAS, an equivalent or higher level of safety will be achieved.

E. 14 C.F.R. 91.405 (a); 407 (a) (1); 409 (a) (2); 417 (a) & (b): Maintenance Inspections.

The above-cited Regulations require, amongst other things, aircraft owners and operators to 

“have [the] aircraft inspected as prescribed in subpart E of this part and shall between required 

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

prescribed in part 43 of this chapter....”

These Regulations only apply to aircraft with an airworthiness certificate. They will not, 

therefore, apply to my, Vista View Photography’s, UAS. However, as a safety precaution, I inspect my 

UAS before and after each flight. 

A Summary the FAA May Publish in the Federal Register: A. 14 C.F.R. 21 and 14 C.F.R. 91: Airworthiness 

Certificates, Manuals and the Like. 14 C.F.R. 21, Subpart H, entitled Airworthiness Certificates, sets forth 

requirements for procurement of necessary airworthiness certificates in relation to FAR § 91.203(a)(1). 

The size, weight and enclosed operational area of my UAS permit exemption from Part 21 because my, 

Vista View Photography’s, UAS meets an equivalent level of safety pursuant to Section 333 of the 

Reform Act. The FAA is authorized to exempt aircraft from the airworthiness certificate requirement 
under both the Act (49 U.S.C. § 44701 (f)) and Section 333 of the Reform Act. Both pieces of legislation 

permit the FAA to exempt UAS’ from the airworthiness certificate requirement in consideration of the 

weight, size, speed, maneuverability and proximity to areas such as airports and dense populations. My 

UAS meets or exceeds each of these elements. 14 C.F.R 91.7(a) prohibits the operation of an aircraft 

without an airworthiness certificate. As no such certificate will be applicable in the form contemplated 

by the FARs, this Regulation is inapplicable. 14 C.F.R. § 91.9 (b) (Z) requires an aircraft flight manual in 

the aircraft. As there are no pilots or passengers, and given the size of the UAS’, the Regulation is 

inapplicable. An equivalent level of safety will be achieved by maintaining a manual. The FAA has 

previously issued exemptions to this regulation in Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 

9565B, 10167, maintenance program that involves regular software updates and curative measures for 

any damaged hardware. Therefore, an equivalent level of safety will be achieved.

In Summary, Vista View Photography seeks an exemption from the following Regulations:

14 C.F.R. 21, subpart H; 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. § 91.103(b); 14 C.F.R. § 91.109; 14 C.F.R. § 91.119; 14 C.F.R. § 91.121; 14 C.F.R. § 

91.151 (a); 14 C.F.R. §§ 91.203 (a) and (b); 14 C.F.R. § 91.405 (a); 14 C.F.R. § 91.407 (a)(1); 14 C.F.R. § 

91.409 (a)(2); 14 C.F.R. § 91.409 (a)(2); and 14 C.F.R. §§ 91.417 (a) & (b) to commercially operate my, 

Vista View Photography’s, small lightweight unmanned aircraft vehicle for community awareness and 

commercial video applications. Currently, area awareness and commercial aerial 

videography/photography relies primarily on the use of larger aircraft running on combustible fuel, 

posing potential risk to the public. Granting my, Vista View Photography’s, request for exemption will 

reduce current risk levels and thereby enhance safety. My UAS craft does not contain potentially 

explosive fuel, is smaller, lighter and more maneuverable then conventional aircraft with much less 

flight time. Further, I operate at lower altitudes and in controlled airspace eliminating potential public 

risk flying to and from established air fields. I, Robert S. Musser, have been informally analyzing flight 

information and will compile safety protocols and the implementation of a flight operations manual that 

exceeds currently accepted means and methods for safe flight. Formal collection of information shared 

with the FAA will enhance the FAA’s internal efforts to establish protocols for complying with the FAA 

Modernization and Reform Act of 2012. There are no personnel on board my, Vista View Photography’s

UAS and therefore the likelihood of death or serious bodily injury is significantly diminished. My, Vista 

View Photography’s, operation of my UAS, weighing less than 5 pounds and traveling at lower speeds 

within limited areas will provide an equivalent level of safety as that achieved under current FARs. 

Accordingly, I, Robert S. Musser, respectfully request that the FAA grant my exemption request and am 

willing to cooperate in sharing information to benefit the FAA, safety of manned aircraft, and the 

general public at large.
Respectfully submitted,

Robert S. Musser

Robert S. Musser, Owner

Vista View Photography

537 Joy Haven Drive

Sebastian, Florida 32958

Appendices:

A – DJI Phantom 3 Professional Specifications Data Sheet

B – DJI Phantom 3 Professional User Manual — Attachment

C – Monthly Maintenance Log

APPENDIX – A

DJI PHANTOM 3 TECHNICAL SPECIFICATIONS

Vista View Photography only utilizes safe and reliable UAS’. DJI is an industry leader in small UAS 

production. DJI UAS’ are loaded with ground breaking software enabling the user to set parameters 

which will not allow flight into controlled airspace. Parameters can also be set to limit flight to no higher 

than a predetermined and set altitude as well as limit flight to a predetermined and set distance. 

1.1.1 Aircraft

1.1.1.1 Supported Battery – DJI 5200 mAh LiPo 3S Battery

1.1.1.2 Weight (Battery & Propellers included) – 1000g

1.1.1.3 Hover Accuracy (Ready to Fly) – Vertical: 0.8m; Horizontal: 2.5m

1.1.1.4 Max Yaw Angular Velocity – 200°/s

1.1.1.5 Max Tilt Angle – 35°
1.1.1.6 Max Ascent / Descent Speed – 6m/s

1.1.1.7 Max Descent Speed – 2m/s

1.1.1.8 Max Flight Speed – 15m/s (NOT RECOMMENDED)

1.1.1.9 Diagonal Length – 350mm

1.1.1.10 Flight Time – 25mins

1.1.1.11 Take-off Weight – 21300g

1.1.1.12 Operating Temperature – -10°C ~ 50°C

1.1.1.13 Supported Battery – DJI Smart Battery

1.1.2 DJI Smart Battery

1.1.2.1 Battery Type – 3S LiPo

1.1.2.2 Capacity – 5200mAh, 11.1V

1.1.2.3 Charging Environment Range – 0 to 40

1.1.2.4 Discharging Environment Range – -20 to 50

1.1.2.5 2.4GHz Remote Control

1.1.3 2.4GHz Remote Control

1.1.3.1 Operating Frequency – 2.4GHz ISM

1.1.3.2 Communication Distance (open area) – 1000m

1.1.3.3 Receiver Sensitivity (1%PER) – -97dBm

1.1.3.4 Working Current/Voltage – 120 mA@3.7V

1.1.3.5 Built-in LiPo Battery Working Current/Capacity – 3.7V, 2000mAh
APPENDIX – B

DJI Phantom 3 Professional User Manual

Manual is attached as a separate document. Also available for download at:

download.djiinnovations.com/downloads/phantom_3/en/Phantom_3_Professional_User_Manual_v1.0_en.pdf

APPENDIX – C

Monthly Maintenance Log