MBAerial

Matthew Bussell 

PO BOX 383 Doyle CA 96109

530-260-1468

MBAerial1@gmail.com

Petition for Exemption 

Federal Aviation Administration (FAA)

Dear Sir or Madam, 

I MATTHEW BUSSELL, owner of MBAerial, a current Single Engine Land Private Pilot with Complex 

endorsement (cert #3529273) seeks exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 

91.7(a), 91.121, 91.151(b),91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), to operate 

an Unmanned Aircraft System pursuant to Section 333 of the FAA Modernization and Reform Act of 

2012(FMRA). This exemption will permit Matthew Bussell to operate an Unmanned Aircraft System

(UAS) for the commercial purpose of conducting aerial video and photography, aerial data collection for 

marketing, film sets, real estate photography, commercials, special events, wedding cinematography, 

marine photography, roofing inspection, utility inspection and landscape imaging within the airspace of 

the United States.

I, Matthew Bussell seek an exemption to operate a DJI Phantom 3 Pro system for compensation or hire 

within the United States Airspace. The DJI Phantom 3 is a vertical takeoff and landing (VTOL) Unmanned 

Aircraft (UA) with a Ground Control Station (GCS) utilizing electronic tablet or smart phone systems. The 

DJI Phantom 3 has a maximum gross weight of approximately 2 pounds 14 ounces, while having a length 

of 16 inches width of 16 inches, height of 8 inches, and a maximum speed of approximately29 knots. The 

DJI Phantom 3 UAS is equipped with four main rotors; driven by a Lithium Polymer battery powered 

electric motor. The DJI Phantom 3 UAS that will be operated by Matthew Bussell will be registered in 

accordance with 49 U.S.C. 44103, Registration of Aircraft, as well as 14 C.F.R Part 47, Aircraft 

Registration, and marked in accordance with 14 C.F.R. Part 45, Identification and Registration Markings.

I, Matthew Bussell requests to collect aerial data, which could benefit clients their planning of future 

expansions and/or advertising of their products, business, or personal use. For most businesses, 

realtors, and individual people in the area, standard aerial photography has been very cost prohibitive. 

The economic impact of being able to assist these businesses using aerial photography would be 

substantial. The use of this UAS in the above named applications greatly reduces risk to the public and 

property as there is no fuel carried by the aircraft as it is under electric power, aircraft noise is greatly 

reduced as opposed to a standard aircraft or rotorcraft both of which require numerous passes or 

extended lengths of hover time to accomplish the same task as the DJI Phantom 3 can accomplish in a 

few minutes. The DJI Phantom 3 only weighs about 3 pounds each and is less hazardous to persons or 

property than a standard aircraft or helicopter in the event of a catastrophic in-flight failure. 
Safety and the protection of property is my first priority. I, Matthew Bussell make the following 

representations of operation in which to abide by to ensure these exemptions if granted, will provide a 

level of safety at least stringent to current exemption set forth by the FAA. The UAV (unmanned aerial 

vehicle) will only be operated by, Matthew Bussell using the Phantom 3 Professional. My current hours 

and training flying the UAV have been as a hobbyist with the focus of: 

. a) Collision avoidance

. b) Loss of C2 link procedures as outlined in the Operators manual for the Phantom 3 Pro.

. c) Identification of inflight hazards i.e. utility lines, birds in the area, changing weather etc.

. d) Estimating distance from objects, persons, vehicles and vessels.

. e) Communication with the spotter(s)

. f) Completed the DJI Phantom 3 Professional pilot training guide maneuvers and skills.

. g) The ability to recognize persons or objects that are not part of the intended and permitted part of 

the project that enter the 500 foot operational area unless such persons or objects are deemed 

permitted by the owner or controller of the property or area and the PIC (pilot in command) makes a 

safety assessment of the risk of operating closer and it does not pose undue or significant risk.

. h) The ability to quickly and safely land the DJI Phantom 3 Pro in the event of intrusion into the safe 

zone. 

I, Matthew Bussell will ensure PIC (pilot in command) currency and proficiency to ensure a safe flight will 

be conducted at all times. I, Matthew Bussell will be maintaining current medical certificates and 

engage in ongoing education and awareness activities as well as; 

. 1.) A complete pre- flight systematic check by the PIC (pilot in command) of the DJI Phantom 3 Pro 

physical condition, i.e. props, landing gear, position indicator lights, battery capacity, battery level of 

UAV and remote, and overall airframe condition. If any of the above is not within the manufacturers 

minimum standards no flight will take place until such time as the issue(s) is repaired to manufacturers 

specifications.

. 2.) Written documentation of each physical inspection and repairs if any, by the PIC (pilot in command) 

will be kept with the Phantom and will be on-site and available for review.

. 3.) Software in relation to both DJI Phantom 3 Pro operations will be checked for proper function. The 

most current DJI vision APP/DJI Pilot APP and the current firmware will be installed to assure the most 

up to date safety features.

. 4.) Prior to every flight, the compass on the DJI Phantom 3 Pro will be calibrated as to ensure precise 

location.

. 5.) I, Matthew Bussell, will ensure the altimeter setting on the DJI Phantom 3 Pro that of
AGL (above ground level) rather than GPS or barometric pressure derived settings.

. 6.) Every safety feature offered through the DJI Pilot APP will be enabled for every flight, every time.

Listed are the following safety features:

(6) Enable ground station

(7) Compass calibration

(8) Low battery auto go home

(9) Dynamic home point

(10) Current RTH (return to home) altitude (AGL)

(14) Low battery alarm

7.) Use of the DJI Ground Station GUI (graphical user interface)

Of particular interest are the following:

[3] Flight attitude and radar function

[4] Flight parameters-RTH (return to home) altitude, horizontal distance from home point, altitudevertical distance from home point, speed-horizontal flying speed.

[6] Flight Battery Level indication

[7} There is a built in preflight checklist within the DJI vision APP/DJI Pilot APP which is and will be 

completed prior to each flight.

[8] Aircraft GPS Status - I, Matthew Bussell will not operate the DJI Phantom 3 Pro with less than

(7) GPS Satellites available.

[14] Hide or show flight parameters- the DJI Phantom 3 Pro will maintain parameters displayed in order 

to assist in maintaining safe distances from persons and objects and to adhere to the flight plan.

The Documented Pre-flight, the raw pictures and/or the raw video footage as well as the post-flight brief 

and written consent will be kept by Matthew Bussell for a period of time.

I, Matthew Bussell suggest that given the size, weight, speed, and limited operating area associated with 

the PHANTOM, requests an exemption from 14 CFR part 21, Subpart H (Airworthiness Certificates) and § 

91.203 (a) and (b) (Certifications required), subject to certain conditions and limitations, is warranted 

and meets the requirements for an equivalent level of safety under 14 CFR part 11 and Section 333 of 

P.L. 112-95 (Section333).
I, Matthew Bussell requests exemption from § 45.23 Marking of the aircraft. The DJI Phantom 3 Pro do 

not have a cabin, does not have a cockpit or a pilot station. Minimum sized lettering and wording are 

difficult to place on the DJI Phantom 3 Pro; Matthew Bussell will however affix a sticker on the unit 

which will contain contact information for the company in case of aircraft loss.

I, Matthew Bussell requests an exemption from §§ 91.405(a), 91.407(a) (1), 91.409(a) (2)and 91.417(a) 

and (b) Maintenance inspections and feel it should be granted since they only apply to aircraft with an 

airworthiness certificate. I, Matthew Bussell have developed maintenance inspections and 

documentation methods for the DJI Phantom 3 Pro from personal experience as well as the 

manufacturer’s user manuals. UAS Pilot in Command (PIC) under § 61.113 (a) and (b) private pilots are 

limited to non-commercial operations.

I, Matthew Bussell requests relief from § 91.119(c) because the aircraft will be operated at altitudes 

below 300 feet AGL. Section 91.119(c) states that no person may operate an aircraft below the following 

altitudes: over other than congested areas, an altitude of 500 feet above the surface, except over open 

water or sparsely populated areas. In those cases, the aircraft may not be operated closer than 500 feet 

to any person, vessel, vehicle, or structure. I, Matthew Bussell will operate pursuant to the following 

restrictions related to § 91.119:

-Operate in reasonably safe environments that are closely monitored by ground assistants and signage 

placed in locations that would be considered reasonable locations for pedestrians, vehicles or vessels to 

enter the area.

-Within 5 miles of airports. Airports will be defined by the center of airport markings on current VFR 

aeronautical charts and or AFD (airport facility directory). 

- Conduct all operations guidelines contained in the operating documents and will analyze flight data 

and other sources of information such as the manufacturer’s website to constantly update and enhance 

safety.

-Contact respective airports if operations will be within 5 miles to advise them of estimated flight time, 

flight duration, elevation of flight and other pertinent information deemed important by the airport.

- Always obtain all necessary permissions prior to operation. Permissions include but are not limited to a 

(COA) and a request for a (NOTAM) as well as permission from the property owner or person in control 

of the property and when practical, will be in writing and kept on file. If it’s not possible to obtain 

written permission, the PIC will document in writing how permission was obtained i.e. phone call with 

date, time and party information.

I, Matthew Bussell requests relief from 14 CFR 91.121 Altimeter Settings. Matthew Bussell request to 

operate with barometric altimeter and GPS derived altitude capabilities.

I, Matthew Bussell requests relief from § 91.151 (a) Fuel requirements for flight in VFR conditions based 

on the following:
No fuel is used in the DJI Phantom 3 Pro as they are battery operated. Batteries have, in our experience 

have about 24 minutes of quality flying time. In the interest of safety:

I, Matthew Bussell, operate until 30% of battery remaining which gives about 15 -18 minutes of flying 

time per battery. The DJI Phantom 3 Pro has an audible battery state warning system. I, Matthew Bussell

will always follow the manufactures minimum battery warning which is 30% remaining. The first 

intended landing point shall be reached within 30% off indicated battery life or greater. There is also an 

on-screen warning of low battery reading, ‘Return to Home’ and that message is announced if flight 

distance has exceeded battery capacity. In this event, an emergency landing would be made as soon as 

safe and practical. The DJI Phantom 3 Pro also has an automated function which results in immediate 

landing when a low battery is detected. Researching previous relief requests, relief has been granted for 

manned aircraft to operate at less than prescribed minimums, including Exemption Nos. 2689 and 

10650. In addition, similar UAS specific relief has been granted in exemption Nos. 8811 and 10808 for 

daytime, VFR conditions. I, Matthew Bussell will adhere to all VFR minimums as well as VMC conditions 

when planning and/or executing any flights. Operations will be conducted during civil daylight hours 

only, no night time operations are requested. Following VFR minimum standards will at least ensure a 

safe flight. Wind and forecast weather will be a key in deciding suitable conditions. Local weather can be 

attained from the nearest airport by using AWOS and local weather forecast stations. No flight will take 

place in any condition that can be outside of the DJI Phantom 3 Pro capabilities in wind. Pre flight will 

also include area NOTAMS (notices to airmen) and TFR (temporary flight restrictions).

Please contact me for any concerns or questions I may address. Thank you for your efforts to review 

this request for exemption. I appreciate the FAA maintaining safe and efficient airspace.

Respectfully,

Matt Bussell.