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September 30 , 2015 Randal Rhudy 1162 Percheron Drive N W Dalton GA 30720 (706) 694 - 2110 rrhudy@windstream.net U.S. Department of Transportation Docket Management System 1200 New Jersey Ave. SE Wa shington, DC 20590 RE: Exemption Request Section 333 of the FAA Reform Act of the Federal Aviation Regulations from 14 C.F.R. §§ Part 21; 45.23(b); 61.113(a)&(b); 91.7(a); 91.9(b) (2); 91.103(b); 91.109; 91.119; 91.151(a); 91.203(a)&(b); 91.405(a); 91.407(a) (1); 9 1.409(a) (1) (2); 91.417(a)&(b) Dear Sir or Madam: I, Randal Rhudy , am writing pursuant to the FAA Modernization and Reform Act of 2012 and the procedures contained within 14 C.F.R. 11, to request that I, Randal Rhudy , an owner and operator of small unm anned aircrafts, be exempted from the Federal Aviation Regulations (“FARs”) listed below so that I, Randal Rhudy , may operate my small light-weight unmanned aircraft system (“UAS”) commercially in airspace regulated by the Federal Aviation Administration ( “FAA”). I, Randal Rhudy , have over 10 years of digital photography experience as well as over 20 years of videography experience . Using the DJI Phantom 3, I intend to provide videography, cinematography and photography services in the areas of building i nspections, real estate, site surveys, aerial mapping, special events to include but not limited to weddings, private or public parties/events, geological surveying, environmental studies, outdoor recreational facilities and landscapes. I, Randal Rhudy , a m committed to safety with each flight. My exemption request would permit operation of a UAS(s) in areas away from the general public, airports, heliports and vehicular traffic for community videos, and within property boundaries for individual homeowner real estate listing videos/photos. I, Randal Rhudy am petitioning for an exemption to operate a DJI Phantom 3 Professional. This UAS features and specifications are as follows:Page **2** of **11**

**Ai rcraft**  **Weight (Including Battery An**  **d Propellers):**

1280 g **Diagonal Size (Including Propellers):**  590 mm **Max A scent Speed:**  5 m/s **Max Descent Speed:** 3 m/s **Hover A ccuracy**  **:**

 Vertical: +/- 10cm

 Horizontal: +/- 1m **Max Speed:** 16 m/s (ATTI mode, no wind) **Max A ltitude**  **Ab ov** **e Sea Level:** 6000 m **Operating Temperature:** 0°C to 40°C **GPS Mode:** G PS/GLONASS **Camera Sensor:** 

Sony EXMOR 1/2.3” Effective pixels: 12.4 M (total pixels: 12.76 M) **Lens:** FOV 94° 20 mm (35 mm format equivalent) f/2.8, focus at ∞ **ISO Range:** 100 - 3200 (video) 100 - 1600 (photo) **Shutter Speed:** 8s - 1/8000s **Image Max Size:**Page **3** of **11** 4000 x 3000 **Still Photography**

**Modes:**

 Single Shot

 Burst Shooting: 3/5/7 shots

 Auto Exposure Bracketing (AEB): 3/5

 Bracketed Frames at 0.7EV Bias

 Time - lapse **Video Recording Modes** Phantom 3 Professional:

 UHD: 4096x2160p 24/25, 3840x2160p 24/25/30

 FHD: 1920x1080p 24/25/30/48/50/60

 HD: 1280x720p 24/25/30/48/50/60 **Supported SD Card Types:** Micro SD Max capacity: 64 GB. Class 10 or UHS - 1 rating required **Max Bitrate Of Video Storage:** 60 Mbps **Supported File Formats:**

 FAT32/exFAT

 Photo: JPEG, DNG

 Video: MP4, MOV (MPEG -4 AVC/H.264) **Operating Temperature:** 0°C to 40°C **Gimbal Controllable Range:** 

Pitch - 90° to +30° **Stabilization:** 3 - axis (pitch, roll, yaw)Page **4** of **11**

**Vision Positioning**  **Max Velocity :** 

Less than 8 m/s (when 2 m above ground) **Al titude Range:**  30 cm - 300 cm **Operating Range:** 30 cm - 300 cm **Operating Environment:** Surface with clear pattern and adequate lighting (Lux > 15) **Remote Controller**  **Operating Frequency:**

2.400 GHz- 2.483 GHz **Max Distance:** 2000m (outdoors and unobstructed) **Video Output Port:** USB **Operating Temperature:** 0°C - 40° C **Battery :**  6000 mAh LiPo 2S **Mobile Device Holder:** For tablet or phone **Receiver Sensitivity (1%PER):**

- 101 dBm ±2 dBm **Transmitter Power (EIRP):**

 FCC: 20 dBm
 CE: 16 dBm **Working Voltage:** 1.2 A @7.4 V **Battery Charger**  **Voltage:**

17.4 VPage **5** of **11 Rated Power**  Phantom 3 Professional:

 100 W **Intelligent Flight Battery**  **Capacity :** 

4480 mAh **Voltage:** 15.2 V **Battery Ty**  **pe:** LiPo 4S **Energy :**  68 Wh **Net Weight:** 365 g **Max Flight Time:** Approximately 23 minutes **Operating Temperature:**

- 10°C to 40°C **Max Charging Power:** 100 W **Ap p / Live**  **View Mobile A**  **pp:**

DJI Pilot **EIRP:** 100mW **Live View Working Frequency**  **:** 2.4GHz ISM **Live View Quality**  **:** 720P @ 30fps (depending on conditions and mobile device) **Latency :** Page **6** of **11** 220ms (depending on conditions and mobile device) **Required Operating Sy stems:** 

 iOS 8.0 or later

 Android 4.1.2 or later **Recommended Devices:**

 iOS: iPhone 5s, iPhone 6, iPhone 6 Plus, iPad Air, iPad Air W i - Fi + Cellular, iPad mini 2, iPad mini 2 W i - Fi + Cellular, iPad Air 2, iPad Air 2 W i - Fi + Cellular, iPad mini 3, and iPad mini 3 W i - Fi + Cellular. This app is optimized for iPhone 5s, iPhone 6, and iPhone 6 Plus
 Android: Samsung S5, Note 3, Sony Xperia Z3, Google Nexus 7 II, Google Nexus 9, Mi 3, Nubia Z7 mini

**I. Contact Information:** Randal Rhudy 1162 Percheron Drive N W Dalton GA 30720 706 - 694 - 2110 rrhudy@windstream.net **II. The Specific Sections of Title 14 of the Code of Federal Regulations From Which**  **Randal Rhudy Requests Exemption are:** 

 14 CFR Part 21;  14 C.F.R. 45.23(b);  14 CFR 61.113(a) & (b);  14 C.F.R. 91.7(a);  14 C.F.R. 91.9(b) (2);  14 C.F.R. 91.103(b);  14 C.F. R. 91.109;  14 C.F.R. 91.119;  14 C.F.R. 91.121;  14 C.F.R. 91.203(a) & (b);  14 C.F.R. 91.151(a);  14 C.F.R. 91.405(a);  14 CFR 407(a) (1);  14 CFR 409(a) ( 1) & (a) (2);Page **7** of **11**

 14 CFR 417(a) & (b) **III. The Extent of Relief Randal Rhudy**  **Seeks and the Reason He Seeks Such Relief:** I, Randal Rhudy , am writing pursuant to the FAA Modernization and Reform Act of 2012 and the procedures contained within 14 C.F.R. 11, t o request that I,Randal Rhudy, an owner and operator of small unmanned aircraft, be exempted from the Federal Aviation Regulations (“FARs”) listed below so that I may operate my small light weight unmanned aircraft system (“UAS”) commercially in airspace regulated by the Federal Aviation Administration (“FAA”). The Reform Act in Section 332 provides for such integration of civil unmanned aircraft systems into our national airspace system as it is in the public’s interest to do so. My light-weight UAS meets the definition of “small unmanned aircraft” as defined in Section 331 and therefore the integration of my lightweight UAS is expressly contemplated by the Reform Act. The Reform Act guides the Secretary in determining the types of UAS's that may operate s afely in our national airspace system. Considerations include: The weight, size, speed and overall capabilities of the UAS's, whether the UAS will be operated near airports or heavily populated areas; and, whether the UAS will be operated by line of sight 112 P.L. 95 § 333 (a). Each of these items reflect in favor of an exemption for me . My UAS utilizes four (4) counter- rotating propellers for balance, control and stability and is equipped with a GPS and auto return safety technology. W eighing less than five (5) pounds (far below the maximum 55 pound limit); including camera with gimbal. I, Randal Rhudy, will operate the Phantom 3 in a safe manner, using the following checklists as well as operating procedures to determine that the aircraft is physically and electronically ready for safe flight and that permission from the property owner/representative is received: **Pre -** **flight Checklist:**  Survey the property for hazards, such as trees, utility poles and other elements that might compromise the flight then make a judgment as to whether to proceed.  Check the weather for wind speed, cloud cover and any forecast changes that might adversely affect flight safety and performance.  Examine the aircraft- looking at connections and searching for cracks and loose p arts.  Determine that the electronic elements are performing correctly (receiving more than 6 GPS signals along with calibration of the magnetic compass).  Determine that the barometric altimeter reflects approximately 0 feet AGL.  Following takeoff, hover at an altitude of approximately 10 feet to assure that the Home Point is solid. Then exercise all controls to confirm their functionality, if one of the controls is not functioning, the flight will be terminated immediately.  Not fly over dense traffic or crowds.  Give right- of-way to any manned aircraft.  Stay clear of FAA controlled airspace at airports (generally a five nautical mile radius) as well as restricted and prohibited zones.Page **8** of **11**

 Fly no higher than 400' and no further than 1000' from the Home Po int, recognizing that the primary responsibility is to safely keep the aircraft safely within VLOS.  Stay clear of clouds and fog (500' vertically and 2,000' horizontally). **Post -** **flight Checklist:**  Inspect the Phantom 3 to determine its physical and elect ronic condition.  Examine the aircraft- looking at connections and searching for cracks and loose parts. **IV. How Randal Rhudy’s Request Will Benefit the Public as A Whole:**  Aerial videography and photography has been around for a long time through manned fixed wing aircraft and helicopters. For small budget companies and individuals, the expense of such aerial videography and photography is cost prohibitive. Only large companies and high - income individuals can afford to absorb such expense. Manned aircraf t pose a threat to the public through potential catastrophic crashes resulting in a potential loss of life. My UAS poses no such threat since size and lack of combustible fuel alleviates any potential threat to the public. Congress has already proclaimed that it is in the public’s interest to integrate commercially flown UAS’ into the national airspace system, hen ce the passing of t he Reform Act. My light- weight UAS is battery powered and creates no emissions that can harm the environment. **V. Reasons Why Randal Rhudy**  **’s Exemption Will Not A** **dv ersely**  **Af fect Safety**  **Or How the Exemption Will Provide a Level of Safety At Least Equal To Existing**  **Rule:** My, Randal Rhudy ’s, exemption will not adversely affect safety.  My UAS weighs less than 5 pounds complete with a small light - weight high definition (HD) camera.  I only operate my UAS below 400 feet (well within the 400 foot permissible ceiling set by the FAA Moderniz ation and Reform Act of 2012).  I land my UAS prior to manufacturer recommended minimum level of batt ery power.  I pilot my UAS through remote cont rol/FPV only by line of sight.  My UAS has GPS with a fli ght safety feature whereby it hovers and then slowly lands if communication with the remote control pilot is lost.  I only operate in reasonably safe environments that are strictly controlled, are away from power lines, elevated lights, airports and active ly populated areas.  I conduct extensive pre -flight inspections and protocol, during which safety carries primary importance.  I always obtain all necessary permissions prior to operation. **VI. A Summary the FAA** 

**May Publish in the Federal Register:**  A. 14 C .F.R. § 21, 14 C.F.R. § 91 and 91.1 51: Airworthiness Certificates, Manuals and the LikePage **9** of **11**

14 C.F.R. § 21, Subpart H, entitled Airworthiness Certificates, sets forth requirements for procurement of necessary airworthiness certificates in relation to FAR § 91.203(a) (1). The size, weight and enclosed operat ional area of my, Randal Rhudy ’s, UAS permits exemption from Part 21 because my UAS meets (and exceeds) an equivalent level of safety pursuant to Section 333 of the Reform Act. The FAA is authorized to exempt aircraft from the airworthiness certificate requirement under both the Act (49 U.S.C. § 44701 (f)) and Section 333 of the Reform Act. Both pieces of legislation permit the FAA to exempt UAS's from the airworthiness certificate requirement in cons ideration of the weight, size, speed, maneuverability and proximity to areas such as airports and dense populations. My current and projected UAS’ meet or exceed each of the elements. 14 C.F.R. § 91.7(a) prohibits the operation of an aircraft without an airworthiness certificate. As no such certificate will be applicable in the form contemplated by the FARs, this Regulation is inapplicable. 14 C.F.R. § 91.9 (b) (2) requires an aircraft flight manual in the aircraft. As there are no on board pilots or pa ssengers, and given the size of the UAS, this Regulation is inapplicable. An equivalent level of safety will be achieved by maintaining a safety/flight manual delineating areas of where safety can be defined. The FAA has previously issued exemptions to thi s regulation in Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 10700 and 32827. 14 C.F.R. § 91.121 regarding altimeter settings is inapplicable insofar as my UAS utilizes electronic global positioning systems with a baro metric sensor. 14 C.F.R. § 91.151(a) with the condition that the PIC does not begin a flight unless (considering wind and forecast weather conditions) there is enough power to fly to the first point of intended landing and, assuming normal cruising speed , land the UA with 30% battery power remaining. 14 C.F.R. § 91.203 (a) and (b) provides for the carrying of civil aircraft certifications and registrations. They are inapplicable for the same reasons described above. The equivalent level of safety will b e achieved by maintaining any such required certifications and registrations by me, Randal Rhudy

. B. 14 C.F.R. § 45.23: Marking of the Aircraft Applicable Codes of Federal Regulation require aircraft to be marked according to certain specifications. My UAS is, by definition, unmanned. Therefore does not have a cabin, cockpit or pilot station on which to mark certain words or phrases. Further, two - inch lettering is difficult to place on such small aircraft with dimensions smaller that minimal lettering requiremen t. The FAA has previouslyPage **10** of **11**

issued exemptions to this regulation through Exemptions Nos. 8738, 10167, 10167A and 10700. C. 14 C.F.R. § 61.113: Private Pilot Privileges and Limitations: PIC Pursuant to 14 C.F.R. § 61.113 (a) & (b), private pilots are limited to non commerci al operations. I, Randal Rhudy , can achieve an equivalent level of safety as achieved by current Regulations because my UAS does not carry any pilots or passengers. Further, while helpful, a pilot license will not ensure remote control piloting skills. The risks attended to the operation of my UAS is far less than the risk levels inherent in the commercial activities outlined in 14 C.F.R. § 61, et seq. Thus, allowing me, Randal Rhudy , to operate my UAS in a manner that meets and exceeds current safety levels in relation to 14 C.F.R. § 61.113 (a) & (b). D. 14 C.F.R. § 91.119: Minimum Safe Altitudes 14 C.F.R. § 91.119 prescribes safe altitudes for the operation of civil aircraft. It allows helicopters to be operated at lower alti tudes in certain conditions. My UAS will never operate at an altitude greater than 400 AGL; safely below the standard of 400 AGL. I, Randal Rhudy , will however operate my UAS in safe areas away from public and traffic, providing a level of safety at least equivalent to or below those in relation to minimum safe altitudes. Given the size, weight, maneuverability and speed of my UAS, an equivalent or higher level of safety will be achieved. E. 14 C.F.R. § 91.405 (a); 407 (a) (1); 409 (a) (1) & (2); 417 (a) & (b): Maintenance Inspections The above - cited Regulations require, amongst other things, aircraft owners and operators to have the aircraft inspected as prescribed in subpart E of this part and shall between required inspections, except as provided in pa ragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter. These Regulations only apply to aircraft with an airworthiness certificate. They will not, therefore, apply to my UAS. However, as a safety precaution, I, Randal Rhudy , inspect my UAS before and after each flight. A Summary the FAA May Publish in the Federal Register: A. 14 C.F.R. 21 and 14 C.F.R. 91: Airworthiness Certificates, Manuals and the Like. 14 C.F.R. 21, Subpart H, entitled Airworthiness Certifica tes, sets forth requirements for procurement of necessary airworthiness certificates in relation to FAR § 91.203(a)(1). The size, weight and enclosed operational area of my UAS permit exemption from Part 21 because my, Randal Rhudy’s , UAS meets an equivale nt level of safety pursuant to Section 333 of the Reform Act. The FAA is authorized to exempt aircraft from the airworthiness certificate requirement under both the Act (49 U.S.C. § 44701 (f)) and Section 333 of the Reform Act. Both pieces of legislation p ermit the FAA to exempt UAS’ from the airworthiness certificate requirement in consideration of the weight, size, speed, maneuverability and proximity to areas such as airports and dense populations. My UAS meets or exceedsPage **11** of **11**

each of the elements. 14 C.F.R. § 91.7(a) prohibits the operation of an aircraft without an airworthiness certificate. As no such certificate will be applicable in the form contemplated by the FARs, this Regulation is inapplicable. 14 C.F.R. § 91.9 (b) (2) requires an aircraft flight man ual in the aircraft. As there are no pilots or passengers, and given the size of the UAS’, this Regulation is inapplicable. An equivalent level of safety will be achieved by maintaining a manual. The FAA has previously issued exemptions to this regulation in Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, maintenance program that involves regular software updates and curative measures for any damaged hardware. Therefore, an equivalent level of safety will be achieved. **I n summary**  **, Randal R**  **h udy**  **seeks an exemption from the following Regulations:** 14 C.F.R. § 21, Subpart H; 14 C.F.R. § 45.23(b); 14 C.F.R. § 61.113 (a) & (b); 14 C.F.R. § 91.7 (a); 14 C.F.R. § 91.9 (b) (2); 14 C.F.R. § 91.103 (b); 14 C.F.R. § 91.119; 14 C.F.R. § 91.121; 14 C.F.R . § 91.151(a); 14 C.F.R. § 91.203 (a) and (b); 14 C.F.R. § 91.405 (a); 14 C.F.R. § 91.407 (a) (1); 14 C.F.R. § 91.409 (a) (2); 14 C.F.R. § 91.409 (a) (1); and, 14 C.F.R. § 91.417 (a) & (b) I, Randal Rhudy , am requesting this exemption for the purposes of aerial photography, cinematography, videography, inspections and other flight operations. The reason for such a general and broad based request is that I wish to utilize a business strategy that capitalizes on opportunities as th ey may arise in the future . My busi ness model is based on the idea of offering ad hoc 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 hobby. Granting my request for exemption will reduce current risk levels and thereby enhance safety. My UAS craft does not contain potentially explosive fuel, is smaller, lighter and more maneuverable than conventional video and photographic aircraft. Further, I operate at lower altitudes and in cont rolled airspace eliminating potential public risk flying to and from established air fields. There are no personnel on board my UAS and therefore the likelihood of death or serious bodily injury i s significantly diminished. My operation of my UAS, weighing less than 5 pounds and travelling at lower speeds within limited areas will provide an equivalent level of safety as that achieved under current FARs. Accordingly I, Randal Rhudy , respectfully request that the FAA grant my exemption. Respectfully submitted,

Randal Rhudy 1162 Percheron Drive N W Dalton GA 30720