Eric Hudson

8613 Vivid Violet Ave Las Vegas, NV 89143

Cell: 702-706-5841

Email: VegasRealtor@Eric-Hudson.com

U.S. Dept. of Transportation, Docket Operations West Building Ground Floor, Room w12-140 1200 New Jersey Avenue, SE., Washington, DC 20590

Re: Exemption Request under Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations

Purpose:

Pursuant to Section 333 of the FAA Modernization an d Reform Act of 2012 (the “Reform Act”) and 14 C.F.R. Part 11, Eric Hudson seeks an exemption from Federal Aviation Regulations (“FARs”) detailed below for the following described Unmanned Aerial S ystem called in this application the System, which includes an Unmanned Aircraft (UA) and ground stati on-based equipment and observer to Title 14, Code of Federal Regulations (14 CFR) Sections 45.23(a)(b ), 45.27(a), 45.29, 47.15, 91.7(a), 91.119(b)(c), 91.121, 91.151(a), 1.405(a), 91.407(a)(1), 91.409(a )(2), and 91.417(a) & (b).

Precedents: 1) FAA Exemption No. 11138, Regulatory Docket No. F AA-2014-0481 in the matter of the petition of

DOUGLAS TRUDEAU 2) FAA Exemption No. 11136, Regulatory Docket No. F AA–2014–0508 in the matter of the petition of

ADVANCED AVIATION SOLUTIONS LLC 3) FAA Exemption No. 11080 Regulatory Docket No. FA A-2014-0355 in the matter of the petition of

FLYING CAM INC

Dear Sir or Madam:

In accordance with the FAA’s Guidelines for Submitt ing a Petition for Exemption under section 333 of t he

FAA Modernization and Reform Act and Part 11 of the Federal Aviation Regulations, Eric Hudson, referred to hereafter as the petitioner, request ex emption from the following sections of Title 14, Co de of Federal Regulations:

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 purpo ses of aerial photography, cinematography, videography, inspections and other flight operation s that could be performed safely and more cost effectively with the use of small UAS at low altitu de within the U.S. national airspace system as comp ared to a manned aircraft. Operations will be performed only at the request of and with the authorization a nd permission of clients or their authorized agents in order to facilitate commerce and raise awareness o f the beneficial uses of small unmanned air systems. So l ong as such operations are conducted within and under the conditions outlined herein or as may be e stablished by the FAA as required by Section 333. The conditions identified and proposed by the petit ioner are drawn from references 1-3.The FARs

The petitioner seeks exemption from the above menti oned FARs for the following reasons;

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 o perated closer than 500 feet to essential persons, or objects that would not be possible without addition al relief. The petitioner requests modification, wa iver or exemption and clarification concerning the terms “c ongested areas” and “densely populated”. The petitioner requests waiver for this condition to al low reasonable and responsible operations in areas of subdivisions and neighborhoods if required.

91.121 As discussed in Exemption 11138 (DOUGLAS TRU DEAU) is inapplicable since the UAS does not

have an altimeter and instead utilizes electronic G PS with a barometric sensor for altitude informatio n.

91.151(a) As discussed in Exemption 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 UA S-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 approx imately 25 minutes of powered flight. Information provided in the operating documents discusses proce dures 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. G iven the limitations on proposed operations and the location of those proposed operations, the FAA foun d that a reduced minimum power reserve for flight i n daytime VFR conditions was reasonable.

91.405(a); 91.407(a)(1); 91.409 (a)(1) & (2); 91.41 7(a) & (b) As discussed in Exemption 11138 (DOUGLAS TRUDEAU), The petitioner proposes to inspe ct and ensure that the UAS is in a condition for safe flight in accordance with the operating docume nts. The FAA found that adherence to the petitioner ’s operating documents and the conditions and limitati ons specified, describing the requirements for maintenance, inspection, and record keeping, were s ufficient to ensure that safety would not be advers ely

affected.

The UAS

The petitioner plans on utilizing the DJI Phantom 3 Professional. This airframes is a "pro-sumer" grad e small rotorcraft in the quadcopter configuration po wered by electric motors each. Individual Specifica tions

for the different airframes are located in the atta chments.

The DJI Phantom 3 Professional is a highly successful advanced consumer grade smal l rotorcraft in the quadcopter configuration with an advertised weight of less than 45 Ounces (1280g) designed primarily t o carry aloft a high definition camera. It has an adv ertised maximum speed of less than 31 knots (16m/s) and a maximum climb rate of less than 984 feet per minute (5 m/s). It is powered by four electric moto rs with a distance between motors of less than 14 inch es (350mm) It utilizes an internal inertial measuri ng unit (IMU) with integrated barometric sensor augmen ted with global positioning system (GPS/GLONASS) to maintain its geospatial orientation and position . It is controlled primarily through an FCC certifi ed radio control (RC) unit. Real time video and telemetry in formation is transmitted back to a ground control s tation allowing the operator and/or PIC to monitor battery level, GPS signal strength, altitude (AGL), distan ce from PIC, camera imagery, and control camera angle. It has failsafe modes of operation for either loss of RC or GPS signal. Altitude can be limited by the on board flight controller and maximum altitude can be preprogrammed by the PIC. Battery life limits fligh t times to approximately 25 minutes. The onboard fl ight controller will warn the pilot via telemetry and ex ternal lighting cues before reaching a low battery state. An automatic termination of flight and landing will be initiated when the battery reaches a predetermi ned low state. It is anticipated that flights will usua lly last less than 15 minutes. This system falls we ll below the FAA’s prescribed 55lbs weight threshold.Failsafe modes of operation for either loss of sign al (RC or GPS) or battery level. Altitude is limite d and

pre-programmed to not exceed 400ft AGL. Battery lif e limits flight times to approximately 20-25 minute s for each airframe. The onboard flight controller wi ll warn the pilot via telemetry and external lighti ng cues before reaching a low battery state. An automatic t ermination of flight and landing will be initiated when the battery reaches a predetermined low state. It i s anticipated that flights will usually last less t han 10

minutes.

Risk Mitigation

The petitioner has reviewed FAA exemptions referenc e’s 1-3 Conditions and Limitations section and believes 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 has been developed and employed to ensur e that the UA airworthiness will be verified before l aunch. Airworthiness will be maintained by performa nce of routine inspections before each flight, maintain ing flight and maintenance logs to record time on f ailureprone components.

The petitioner requests that in a manner similar to reference 3, he be allowed to operate within 5 mil es of an airport provided that;

“The UA may not operate in Class B, C, or D airspac e without written approval from the FAA. The UA may not operate within 5 nautical miles of the geog raphic center of a non-towered airport as denoted o n a current FAA-published aeronautical chart unless a l etter of agreement with that airport’s management i s obtained, and the operation is conducted in accorda nce with a NOTAM as required by the operator’s COA. The letter of agreement with the airport manag ement must be made available to the Administrator upon request.”

Operations within 5 miles of an airport are not ant icipated to be routine but the petitioner is reques ting a mechanism to facilitate such activities without req uesting a new and separate exemption(s) should the need arise. Operations within Class B airspace are not requested due to the lack of Mode C transponder

.

The UAV will be operated in the field with both a P IC and a Visual Observer in accordance with FAA Policy N 8900.227 Section 14 "Operational Requireme nts for UAS". The PIC and VO will meet the requirements outlined in FAA Policy N 8900.227 Sect ion 16 personnel Qualifications.

Petitioner submits that the combination of the UAS' s light weight, flight performance and ability, ful ly qualified flight crew and strict operation under th e guidelines established in 8900.227, and under all of the applying restriction, the FAA can have full confide nce that the operation will have an equivalent or g reater level of safety than manned aircraft performing the same mission.

The Public Interest

Use of the UAS in lieu of a manned aircraft would e nhance safety and reduce the environmental impact as compared to similar operations conducted with ma nned aircraft of greater proportions, carrying a cr ew and flammable fuel. Additionally, use of the UAS in order to facilitate commerce will lead to economic growth. Operations for this petition will enable se rvice for property owners or their designees seekin g an enhanced perspective for characteristics, amenities , and benefits of their desired photographic subjec ts that cannot be displayed through ground level ideog raphy/photography. Aerial photography is a valuable marketing tool that can lead to increased commerce and enhance personal photography. Crop surveying applications could lead to decreased use of pestici des and fertilizer and conservation of water as wel l as increased crop yields and decreased costs. Aerial s urveying and inspections can increase work site efficiency, improve volumetric estimations and redu ce risks. The petitioner will provide clients with photographic data for these purposes on a ‘for hire ’ basis acting as an independent contractor. A visu al observer will be utilized. Liability insurance will be obtained commensurate with the granting of this request for exemption. Flight data including UA fli ght time, Control Unit operation time, incident, ac cident, and details concerning any deviations from normal o perations will be available to FAA for use in colle ctingdata regarding the use of UAS as part of this appli cation. This data may be submitted to FAA via

traditional means, e.g. COA Monthly Reports, or oth er means as required.

Conclusion

The petitioner is requesting this exemption for the purposes of “aerial photography, cinematography, videography, inspections and other flight operation s”. The reason for such a general and broad based request is that the petitioner wishes to utilize a business strategy of horizontal integration and max imize economies of scope in order to capitalize on opport unities as they may arise in the future without the long turnaround time associated with additional exemptio ns. The petitioner’s own experience shows pent up demand for these services currently exists in the r eal estate market and other markets are just beginn ing to emerge. The petitioner has identified Universiti es and other Agencies that could benefit from the operation requested in this application.

A quick internet search will show that many are cur rently operating similar UAS in exactly this fashio n without, it is assumed, FAA authorization. The peti tioner has refrained from engaging in commercial us e of the UAS. The primary purpose of seeking this exe mption is to obtain the capability to offer those services while remaining in compliance.

Adding to the level of safety and experience in the se operations, the petitioner is a United States Ai r Force pilot currently flying Remotely Piloted Aircr aft for the Air Force. Petitioner has over 4000 hou rs flying RPAs, 20 years of experience in both militar y and civilian aviation and extensive knowledge in the radio control model aircraft and UAS systems. Petit ioner has also completed the latest Air Force RPA training regarding operations in the National Airsp ace and FAA restrictions. Petitioner currently hold s both FAA class II and military flying medical certificat es Petitioner holds the following FAA Licenses and Ratings:

Commercial Pilot License

Private Pilot License Instrument - Airplane

Thank you in advance for your time and consideratio n.

Eric Hudson

Attachments: 1) DJI Phantom 3 Professional User Manual v1.2 2) Phantom 3 Professional Quick Start Guide 3) Safety Guidelines 4) Caution Sign 5) DJI Phantom 3 Specs