Brent Habbeshaw

104 Aspen St

Lufkin, Texas 75901

(936) 225-0225

Brent1956@gmail.com

To whom it may concern:

My name is Brent Habbeshaw and I would like to submit a petition for an exemption under Section 333 

of the FAA. I would like to use a multi-rotor quadcopter aerial drone Model DJI Phantom 3 Professional 

for commercial purposes. The quadcopter is fitted with a camera that will capture images for farming 

communities and real estate surveillances in rural areas of Texas farmlands as to assist cattle farmers 

and produce farmers manage the locations of herds, waterholes and soil composition coloring for crop 

management. 

It will be flown within FAA guidelines for use and always abide by the FAA’s rules and regulation both 

presently and future. The Phantom 3 Professional quadcopter uses wireless communication with the 

controller transmitter operating in the 5.8 GHz frequency band. It is compliant with CE (300m) and FCC 

(500m) regulations and effective ranges. If it flies beyond the effective range it will enter into a failsafe 

mode and return home. Max height and radius have been set in the unit’s software as well as no-fly 

zones and restricted-altitude areas. The software alerts the operator when near these areas and issues a 

warning when flying near the zone. If it enters a no-fly zone it automatically lands. If trying to take-off in 

a prohibited area the motors will not start. The quadcopter will be flown in residential areas and on 

personal farm property as permitted by the land or home owner. Safety procedures will be in effect

including a maximum height of 200 feet for flight and a maximum speed of less than 10m/s. In addition, 

propeller guards will be used when flying in proximity to people. The unit will be in DOL- direct line of 

sight of the operator at all times. It will also be flown in winds under 10 mph to minimize risk of 

crashing. Pre-flight safety check includes examining battery, propellers, calibrating the compass and the 

unit’s shell for damage and that the self-tightening propellers are secured. The quadcopter will not be 

flown in inclement weather including heavy wind and rain or fog. Obstacles such as trees, power lines

and buildings will also be avoided at all times. Regular maintenance will be performed as required for 

the motors and internal circuitry. Propellers will be changed for new ones if chipped or damaged in any 

way. Screws on the unit’s shell will be inspected frequently for signs of loosening. The weight of the craft 

is 5.5 pounds which is well below the maximum weighted payload of 55 pounds. Max speed is 15m/s. 

My proposed speed will be much lower than this as I’m only concerned with capturing images of 

farmlands, crop fields and property. The operating frequency of the controller’s wireless range extender 

is 2412MHz- 2462MHz and the open area communication distance is 300m. I, Brent Habbeshaw, will be 

the only operator using the quadcopter under this exemption and am directly responsible for the 

proposed operation.
I have become completely versed in operating this device from several months of personal flights. 

Beginning with thorough review of the Phantom 3 Professional Owner’s Manual and 60 hours of logged 

flight time on the Phantom 3 and over 100 hours of flight time on the Hudson H107C quadcopter. And 

studying FAA Exemption No. 11138, Regulatory Docket No. FAA20140481 and will continue to keep 

updated with all new FAA Rules and Regulations and abide faithfully to all of them.

Respectfully FAA, In accordance with the FAA's Guidelines for Submitting a Petition for Exemption 

under section 333 of the FAA Modernization and Reform Act of 2012, I, Brent Habbeshaw, request 

exemption from the following sections of Title 14, Code of Federal Regulations 61.113(a). 61.113(b). 

91.119(c). 91.121. 91.151(a). 91.405 (a). 91.407(a) (1). 91.409 (a) (1). 91.409(a) (2). 91.417(a) & (b). 

In order to operate small unmanned aircraft systems (UAS) commercially in airspace regulated by the 

Federal Aviation Administration (FAA) for the purposes of aerial photography, structural inspections of 

bridges, pipelines, waterways, wells and farmland and fields, real estate marketing and surveys and 

other flight operations that would be in 91.405(a). 91.407(a) (1). 91.409 (a) (1) & (2). 91.417(a) & (b) As 

discussed in Exemption 11138 (DOUGLAS TRUDEAU), I, Brent Habbeshaw, propose to inspect and 

ensure that the UAS is in a condition for safe flight in accordance with the operating documents. The 

FAA found that adherence to the petitioner's operating documents and the conditions and limitations 

specified, describing the requirements for maintenance, inspection, and recordkeeping, were sufficient 

to ensure that safety would not be adversely affected. The DJI Phantom 3 Professional-unaltered in 

anyways is a highly successful consumer grade small rotorcraft in the quadcopter configuration with an 

advertised weight of less than 45 ounces (1242g) designed primarily to carry aloft a high definition 4k

camera. It has an advertised maximum speed of less than 30 knots (15m/s) and a maximum climb rate of 

less than 1500 feet per minute 10 m/s). It is powered by four electric motors with a distance between 

motors of less than 14 inches (350mm). It utilizes an internal inertial measuring unit (IMU) with 

integrated barometric sensor augmented with global positioning system (GPS) to maintain its geospatial 

orientation and position. It is controlled primarily through an FCC certified radio control (RC) unit. Real 

time video and telemetry information is transmitted back to a ground control station allowing the 

operator and/or PIC to monitor battery level, GPS signal strength, altitude (AGL), distance from PIC, 

camera imagery, and control camera angle. It has fail safe modes of operation for either loss of RC or 

GPS signal. Altitude can be limited by the onboard flight controller and maximum altitude can be 

preprogrammed by the PIC. Battery life limits flight times to approximately 25 minutes. The onboard 

flight controller will warn the pilot via telemetry and external lighting cues and verbal audio sounds

before reaching a low battery state. An automatic termination of flight and landing will be initiated 

when the battery reaches a predetermined low state. It is anticipated that flights will usually last less 

than 15 minutes. More information is available in attachment 1. Risk mitigation I, Brent Habbeshaw, 

have reviewed FAA exemptions reference's 13 Conditions and Limitations section and believe that the 

procedures specified therein are reasonable and will be utilized in order to manage and mitigate risk and 

ensure public safety. A preflight checklist will be developed and employed to ensure that the UAS's 

airworthiness will be verified before launch. Airworthiness will be maintained by performance of routine 

inspections before each flight, maintaining flight and maintenance logs to record time on failure prone 

components. I, Brent Habbeshaw, state that operation will not occur within 5 miles of an airport or any 

unauthorized space. "The UAS may not operate in Class B, C, or D airspace without written approval 

from the FAA. The UAS may not operate within 5 nautical miles of the geographic center of a nontowered airport as denoted on a current FAA published aeronautical chart unless a letter of agreement 

with that airport's management is obtained, and the operation is conducted in accordance with a 
NOTAM as required by the operator's COA. The letter of agreement with the airport management must 

be made available to the Administrator upon request. Further if flying in dust cropping areas, all runway 

operators or towers will pre- contacted that there are no scheduled crop dusting or surveillance within 

five miles of my flight area.

Public interest use of the UAS in lieu of a manned aircraft would enhance safety and reduce the 

environmental impact as compared to similar operations conducted with manned aircraft of greater 

proportions, carrying a crew and flammable fuel. In regards to performing inspections of cattle farms, 

crop fields, and water supplies and real estate properties the UAS will minimize the risk to persons 

attempting to climb hills and ravens sand traverse large farm properties in fueled vehicles in rugged 

terrain or housing and barns saving fuel and reduce environmental impacts and saving our farmers 

valuable time and money and safety in surveying their properties in 1/10 of the time. It will provide a 

way for farmers to review photographs and provide better grazing and more fertile farm areas to 

schedule crop rotations for present and future harvests. If an area is suspected of being inaccessible, the 

UAS can reach it to make an assessment easier and safer. I, Brent Habbeshaw, will also make the UAS 

and myself available as a local volunteer to organizations (for no charge) such as fire departments, local 

law enforcement, etc., to perform search and rescue operations, or other similar events as requested by 

authorities. In addition the use of the UAS in order to facilitate commerce could lead to economic 

growth. Operations for this petition will enable service for property owners or their designees seeking 

an enhanced perspective for characteristics, amenities, and benefits of their desired photographic 

subjects that cannot be displayed through ground level photography. Aerial photography is a valuable 

marketing tool that can lead to increased commerce and enhance my personal photography. A visual 

observer will be utilized at all times that the UAS is performing duties for compensation. My own 

research shows an upward demand for these services that currently exists in the real estate market, 

surveying and other markets are just beginning to realize the need for such services for farmers and 

rancher who are often left behind in technological advantages, which I hope to assist them in making 

the United States of America the top cattle, dairy and crop producing nation in our world. 

Flight data including UAS flight time, Control Unit operation time, incident, and details will be recorded 

for each flight and made available to the FAA at any time needed. Any deviations from normal 

operations will also be recorded and made available to FAA.

Conclusion I, Brent Habbeshaw, am requesting this exemption for the purposes of aerial photography of 

real estate, bridge inspections, land surveying, cattle grazing and useable crop farming lands, waterways 

and wells, and other flight operations. The reason for such a general and broad based request is that I, 

Brent Habbeshaw, wish to utilize a business strategy in order to capitalize on opportunities as they may 

arise in the future without the long turnaround time associated with additional exemptions. My 

business model is based on the idea of offering small UAS services to individuals or companies, farmers 

and rancher who wish to employ these services as a safe, effective, and legal option to enhance their 

business or prevent structural disasters that may influence the general public or individuals or livestock, 

being performed safely and more cost effectively with the use of small UAS at low altitude within the 

U.S. national airspace system as compared to a manned aircraft. Operations will be performed only at 

the request of and with the authorization and permission of clients or their authorized agents in order to 

facilitate commerce and raise awareness of the beneficial uses of small unmanned air systems. So long 

as such operations are conducted within and under the conditions outlined herein or as may be 

established by the FAA as required by Section 333. The conditions identified and proposed by, Brent 
Habbeshaw, are drawn from references 13. 91.119(c) , As discussed in Exemption 11138 (DOUGLAS 

TRUDEAU), operations conducted closer than 500 feet to the ground may require that the UA be 

operated closer than 500 feet to essential persons, or objects that would not be possible without 

additional relief. The petitioner requests modification, waiver or exemption and clarification concerning 

the terms "congested areas" and "densely populated". I, Brent Habbeshaw, request waiver for this 

condition to allow reasonable and responsible operations with safety as my main concern in areas of 

subdivisions and neighborhoods if required. 91.121 As discussed in Exemption 11138 (DOUGLAS 

TRUDEAU) is inapplicable since the UAS does not have an altimeter and instead utilizes electronic GPS 

with a barometric sensor for altitude information. 91.151(a) , As discussed in Exemption 11136 

(ADVANCED AVIATION SOLUTIONS LLC) prior relief has been granted for manned aircraft to operate at 

less than the prescribed minimums, including Exemption Nos. 2689, 5745, and 10650. In addition, 

similar UAS specific relief has been granted in Exemption Nos. 8811, 10808, and 10673 for daytime, VFR 

conditions. The UAS provides battery power remaining in percent to the PIC. The UAS’s batteries provide 

approximately 25 minutes of powered flight. Information provided in the operating documents 

discusses procedures regarding remaining battery power management. Those documents contain a 

condition in which the PIC will initiate a landing procedure when battery power remaining reaches a 

specified level. Given the limitations on proposed operations and the location of those proposed 

operations, The FAA found that a reduced minimum power reserve for flight in daytime VFR conditions 

was reasonable.

I, Brent Habbeshaw, live and work and would use my UAS in a very rural community, away from dense 

population, airports and people. I would only do my flight surveys in daylight and good weather 

conditions. With the upmost safety of persons, animals and structures, always abiding by the FAA’s 

present and future rules and regulation. Making my community a better place to live and conduct 

commerce and provide needed income for my son and myself.

I sincerely thank you for the opportunity to request exemptions and permission to fly commercially. 

Doing so legally with the FAA’s blessings and set an example to other UAS operators to do so legally 

within the FAA’s standards.

Sincerely, Brent Habbeshaw