August 18, 2015

Brent Habbeshaw

104 Aspen St

Lufkin, TX, 75901

Cell: (936)225-0225

Email: brent1956@gmail.com

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

Exemption Request Section 333 of the FAA Reform Act of 2012

Attachments:

1) Phantom 3 Professional User Manual 

2) Phantom 3 Professional Quick Start Guide

3) Phantom Professional Pilot Training Guide

4) Phantom 3 Professional Release Notes

References:

1) FAA Exemption No. 11138, Regulatory Docket No. FAA20140481

in the matter of the petition of DOUGLAS TRUDEAU

2) FAA Exemption No. 11136, Regulatory Docket No. FAA-2014-0508 in

the matter of the petition of Advanced Aviation Solutions.
3) FAA Exemption No. 11080 Regulatory Docket No. FAA20140355

in the matter of the petition of FLYING CAM INC.

Dear 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, well and water

towers, real estate marketing and surveys and other flight operations that could 

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 UAS

The DJI Phantom 2 vision plus is a highly successful consumer grade small

rotorcraft in the quad copter configuration with an advertised weight of less than
44 ounces (1242g) designed primarily to carry aloft a high definition 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 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 10 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 UA may not operate in Class B, C, or D airspace without

written approval from the FAA. The UA may not operate within 5

nautical miles of the geographic center of a non-towered 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."

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 bridges, ravens, and water line, irrigation 

pipelines the UAS will minimize the risk to persons attempting to climb these

structures and photograph problem areas. It will provide a way for farmers and ranchers to

have their properties reviewed with photographs and provide additional safety to the

general public and wildlife.
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, ranching and farming, land surveying, waterway inspections

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 who wish to employ these services as a safe,

effective, and legal option to enhance their business or prevent farming and ranching issues to crops 

and wildlife.

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 surrounding farming communities 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 UA 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 remaining reaches a specified level. Given the

limitations on proposed operations and the location of those proposed

operations. Trying to set an example to all UAS operator to legally request and follow FAA Guidelines to 

secure exemptions and fly legally and educated.

Thank you, sincerely, Brent Habbeshaw