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 Pro fessional 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 aeri al 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 (DO UGLAS 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 limitat ions 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 than44 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

ma ximum climb rate of less than 15 0 0 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 externa l 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 informatio n 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'sairworthiness will be verified before launch. Airworthiness will be maintained by

performance of routine inspections before each flight, m aintaining 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 obtaine d, 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 , a nd 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 review ed 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, r anching 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 associa ted 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. B e ing 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 o f 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 condit ions 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 farmi ng 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 E xemption 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 discuss es 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