## MBAerial

Matthew Bussell PO BOX 383 Doyle CA 96109 530

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- 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 exemptio n 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 m arketing, film sets, real estate photography, commercials, special events, wedding cinematography, marine photography, roofing inspect ion, 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 bu sinesses 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 hazard ous 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 l evel 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 P hantom 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 in fl ight 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 th at are not part of the intended and permitted part of the project that enter the 5 00 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 comman d) 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 t he 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 th e 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 in spection 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 Pil ot APP and the current firmware will be installed to assure the most up to date safety features. . 4.) Prior to eve ry 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 ofAGL (above ground level) rather than GPS or barometric pressure derived settings.

. 6.) Every safety feature offered th rough 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) alt itude, horizontal distance from home point, altitude

vertical distance from home point, speed

- hori zontal flying speed. [6] Flight Battery Level indication [7} There is a built in preflight checklist within t he 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, sp eed, and limited operating area associated with the PHANTOM, requests an exemption from 14 C FR part 21, Subpart H (Airworthiness Certificates) and § 91.203 (a) and (b) (Ce rtifications required), subject to certain conditions and limitations, is warranted an d me ets the requirements for an equivalent level of safety under 14 CFR part 11 and Section 333 of P.L. 112

-95 (Section 333).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 cock pit 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 cont ain contact information for the company in case of aircraft loss. I, Ma tthew 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 deve loped maintenance inspections and documentation methods for the DJI Phantom 3 Pro from personal experience as well as t he manufacturer’s user manuals. UAS Pilot in Command (PIC) under § 61.113 (a) and (b ) private pilots are limited to non -commercial operat ions. I, Matthew Bussell requests relief from § 91.119(c) because t he aircraft will be operated at altitudes below 300 feet AGL. Section 91.119(c) state s 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 spa rsely 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 pursuan t 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 c urrent VFR aeronautical charts and or AFD (airport facility directory).

- Conduct all operations guidel ines contained in the operating documents and will analyze flight data and other sou rces of information such as the manufacturer’s website to constantly update and enhance safety.

-Contact respective airports if operations will be w ithin 5 miles to advise them of estimated flight time, flight d uration, elevation of flight and other pertinent information deemed important by the airport.

- Always obtain all necessary permissions prior to ope ration. 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 whe n 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 Al timeter Settings. Matthew Busse ll 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 con ditions based on the following:No fuel is used in the DJI Phantom 3 Pro as they are battery o perated. 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 P hantom 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 o n -screen warning of low battery reading, ‘Return to Home’ and that message is a nnounced 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 a utomated 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. 88 11 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 fo recast weather will be a key in deciding suitable conditions. Local weather can be attai ned from the nearest airport by using AWOS and local weather forecast statio ns . No flight will take place in any condition that can be outsi de of the DJI Phantom 3 Pro capabi lities in wind. Pre flight will also include area NOTAMS (notices to airmen ) and TFR (temporary flight restrictions). Please contact me for any concerns or qu estions I may address. Thank you for your efforts to review this request for exemption. I appreciate the FAA maintaining safe and efficient airspace

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Respectfully,

Matt Bussell.