Robert S. Musser / Ow ner/ 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 h erein, 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 provid es clients with both still photography and video for use in print and online promotional materials. Robert S. Musser has established himself as a n innovator in multimedia and is recognized as providing quality business marketing solutions. In addition, Rob ert 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 targeti ng:

 Aerial filming for to urism promotion in Florida Aerial event filming

 Aerial location filming

 Aerial real estate filming

 Aerial location scouting and safety inspection

 Increase public knowledge of UAS a nd promote safe UAS operations My Vista Vi ew Photography exemption request woul d 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 p redetermined in areas away from general pu blic, 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 airc raft 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 vid eos; 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’ int o 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 purp oses. 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 allo wing me to operate ultra light weight, remote controlled UAS’ for academic community awareness to benefit/stimulate attraction to the Florida area and to enhance commer cial and non - p rofit videos for business owners who cannot afford expensive manned aircra ft for the same purpose. Both of which will promote local economic growth through increased emp loyment 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 View 772@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 e xtent 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, ultralight 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 ad ministered 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: T he 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 pou nd 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 n ot fly in winds exceeding 10 mph . Bui lt 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, h ospital s or p olice 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 airc raft (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 m a y approach near my location. My UAS is capable of vertical and horizontal operations, and are flo wn 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, R obert 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 manufacture r recommend ed minimum charge levels fo r 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 risk s 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. Th ese 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 thenational 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 ca n afford such an expense, thus d epriving lower budget businesses a nd 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 commercia lization of UAS flight is not a ffected 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 com bustible 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, Ro bert S. Musser, to immediately fly within national air space furthers economic growth. Granting my exemption request substantially furth ers the economic impact for Florida area tourism as well as the businesses that could promote their business through the use of aerial video; b oth 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 t ime 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 photogra phy for business & promotion: My UAS weigh s less than 5 pounds complete with a small ultra light weight high quality c amera;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 GP S 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 environment s t hat 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 fo r community awareness and commercial video. While the safety record of such helicopters is remarkably astounding, there have been incident s involving loss of life as we ll 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 o n board a UAS and thus the potential for fi re or explosion is greatly diminished. Third, the small size and extreme maneuverability of my UAS allow s me to remotely pilot away from and avoid hazards quickly and safely. Lastly, given its small size and wei ght, 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 t he FAA May Publish in the Federal Register: A. 14 C.F.R. 21 and 14 C.F.R. 91: Airworthi ness Certificates, Manuals and t he Like. 14 C.F.R. 21, Subpart H, entitled Airworthiness Certificates, se ts 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 exc eeds) 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 o f 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 certi fi cate. As no such certi fi cate will be applicable in the form contemplated by the FARs, this Regulation is inapplicab le. 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 wher e 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 regardi ng 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 inappli cable 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 requirem ent. Regardless, I will markthe 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: Pri vate Pilot Privileges and Limitat ions: 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 U AS 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 outline d 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 e xceed 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 altitu de s. Given the size, weight, maneuverability and speed o f 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 “h ave [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: Airworthi ness Certificates, Manuals and t he Like. 14 C.F.R. 21, Subpart H, entitled Airworthiness Certificates, sets forth requirements for procurement of necessary airworthiness certi fi cates 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 requirementunder 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 o f 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 certi fi cate. As no su ch 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 in volves 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) an d (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 lightwei ght 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 aircr aft running on combustible fuel, p osing 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 do es not contain potentially explosive fuel, is smaller, lighter and more maneuverable then conventional aircraft with much less flight time. Furt her, 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 imple mentation 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 Modern ization 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 th an 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 bene fi t the FAA, safety of manned aircraft, and the general public at large.Respe ctfully 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 an d 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 Acc uracy (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, 2000mAhAPPENDIX – B

DJI Phantom 3 Professional User Manual Manu al is a ttached as a separate document. Also available for download at: download.dji innovations.com/downloads/phantom_3/en/Phantom_3_Professional_User_Manual_v1.0_en.pdf

APPENDIX – C Monthly Maintenance Log