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September 30, 2015

Randal Rhudy

1162 Percheron Drive NW

Dalton GA 30720

(706) 694-2110

rrhudy@windstream.net

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave. SE 

Washington, 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); 

91.409(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 unmanned 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 

inspections, 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, am 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:
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Aircraft Weight (Including Battery And Propellers):

1280 g

Diagonal Size (Including Propellers):

590 mm

Max Ascent Speed:

5 m/s

Max Descent Speed:

3 m/s

Hover Accuracy:

 Vertical: +/- 10cm

 Horizontal: +/- 1m

Max Speed:

16 m/s (ATTI mode, no wind)

Max Altitude Above Sea Level:

6000 m

Operating Temperature:

0°C to 40°C

GPS Mode:

GPS/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:
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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)
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Vision 

Positioning

Max Velocity:

Less than 8 m/s (when 2 m above ground)

Altitude 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 V
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Rated Power

Phantom 3 Professional:

 100 W

Intelligent 

Flight Battery

Capacity:

4480 mAh

Voltage:

15.2 V

Battery Type:

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

App / Live 

View

Mobile App:

DJI Pilot

EIRP:

100mW

Live View Working Frequency:

2.4GHz ISM

Live View Quality:

720P @ 30fps (depending on conditions and mobile device)

Latency:
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220ms (depending on conditions and mobile device)

Required Operating Systems:

 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 Wi-Fi 

+ Cellular, iPad mini 2, iPad mini 2 Wi-Fi + Cellular, iPad Air 2, 

iPad Air 2 Wi-Fi + Cellular, iPad mini 3, and iPad mini 3 Wi-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 NW

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); 
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 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, to 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 safely 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. Weighing 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 

parts. 

 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.
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 Fly no higher than 400' and no further than 1000' from the Home Point, 

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 electronic 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 

aircraft 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, hence the passing of the 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 Adversely Affect 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 Modernization and Reform Act of 2012). 

 I land my UAS prior to manufacturer recommended minimum level of battery 

power. 

 I pilot my UAS through remote control/FPV only by line of sight. 

 My UAS has GPS with a flight 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 actively 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 91.151: Airworthiness Certificates, 

Manuals and the Like 
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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 operational 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 consideration 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 passengers, 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 this 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 barometric 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 be 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 requirement. The FAA has previously 
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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 noncommercial 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 altitudes 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 paragraph (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 Certificates, 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 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’ 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 exceeds 
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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 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.

In summary, Randal Rhudy 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 they may arise in the future. My business 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 controlled 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 is 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 NW

Dalton GA 30720