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 and 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 System called in this application the System, which 

includes an Unmanned Aircraft (UA) and ground station-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. FAA-2014-0481 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 LLC 

3) FAA Exemption No. 11080 Regulatory Docket No. FAA-2014-0355 in the matter of the petition of 

FLYING CAM INC

Dear Sir or Madam:

In accordance with the FAA’s Guidelines for Submitting a Petition for Exemption under section 333 of the 

FAA Modernization and Reform Act and Part 11 of the Federal Aviation Regulations, Eric Hudson, 

referred to hereafter as the petitioner, request exemption from the following sections of Title 14, Code 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 purposes of aerial photography, cinematography, 

videography, inspections and other flight operations that could be 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 of 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 conditions outlined herein or as may be established by the FAA as required by Section 333. 

The conditions identified and proposed by the petitioner are drawn from references 1-3. 
The FARs 

The petitioner seeks exemption from the above mentioned 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 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”. The 

petitioner requests waiver for this condition to allow reasonable and responsible operations in areas of 

subdivisions and neighborhoods 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 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 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 discusses 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, the FAA found that a reduced minimum power reserve for flight in 

daytime VFR conditions was reasonable. 

91.405(a); 91.407(a)(1); 91.409 (a)(1) & (2); 91.417(a) & (b) As discussed in Exemption 11138 

(DOUGLAS TRUDEAU), The petitioner proposes 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 limitations specified, describing the requirements for 

maintenance, inspection, and record keeping, were sufficient to ensure that safety would not be adversely 

affected.

The UAS 

The petitioner plans on utilizing the DJI Phantom 3 Professional. This airframes is a "pro-sumer" grade 

small rotorcraft in the quadcopter configuration powered by electric motors each. Individual Specifications 

for the different airframes are located in the attachments. 

The DJI Phantom 3 Professional is a highly successful advanced consumer grade small rotorcraft in the 

quadcopter configuration with an advertised weight of less than 45 Ounces (1280g) designed primarily to 

carry aloft a high definition camera. It has an advertised 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 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/GLONASS) 

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 failsafe 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 external 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 15 minutes. This system falls well below 

the FAA’s prescribed 55lbs weight threshold.
Failsafe modes of operation for either loss of signal (RC or GPS) or battery level. Altitude is limited and 

pre-programmed to not exceed 400ft AGL. Battery life limits flight times to approximately 20-25 minutes 

for each airframe. The onboard flight controller will warn the pilot via telemetry and external 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.

Risk Mitigation 

The petitioner has reviewed FAA exemptions reference’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 ensure 

that the UA airworthiness will be verified before launch. Airworthiness will be maintained by performance 

of routine inspections before each flight, maintaining flight and maintenance logs to record time on failureprone components. 

The petitioner requests that in a manner similar to reference 3, he be allowed to operate within 5 miles of 

an airport provided that; 

“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 

obtained, 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.” 

Operations within 5 miles of an airport are not anticipated to be routine but the petitioner is requesting a 

mechanism to facilitate such activities without requesting 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 PIC and a Visual Observer in accordance with FAA 

Policy N 8900.227 Section 14 "Operational Requirements for UAS". The PIC and VO will meet the 

requirements outlined in FAA Policy N 8900.227 Section 16 personnel Qualifications.

Petitioner submits that the combination of the UAS's light weight, flight performance and ability, fully 

qualified flight crew and strict operation under the guidelines established in 8900.227, and under all of the 

applying restriction, the FAA can have full confidence that the operation will have an equivalent or greater 

level of safety than manned aircraft performing the same mission.

The 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. Additionally, use of the UAS in order to facilitate commerce will lead to economic 

growth. Operations for this petition will enable service for property owners or their designees seeking an 

enhanced perspective for characteristics, amenities, and benefits of their desired photographic subjects 

that cannot be displayed through ground level ideography/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 pesticides and fertilizer and conservation of water as well as 

increased crop yields and decreased costs. Aerial surveying and inspections can increase work site 

efficiency, improve volumetric estimations and reduce risks. The petitioner will provide clients with 

photographic data for these purposes on a ‘for hire’ basis acting as an independent contractor. A visual 

observer will be utilized. Liability insurance will be obtained commensurate with the granting of this 

request for exemption. Flight data including UA flight time, Control Unit operation time, incident, accident, 

and details concerning any deviations from normal operations will be available to FAA for use in collecting 
data regarding the use of UAS as part of this application. This data may be submitted to FAA via 

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

Conclusion

The petitioner is 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 the petitioner wishes to utilize a business strategy of horizontal integration and maximize 

economies of scope in order to capitalize on opportunities as they may arise in the future without the long 

turnaround time associated with additional exemptions. The petitioner’s own experience shows pent up 

demand for these services currently exists in the real estate market and other markets are just beginning 

to emerge. The petitioner has identified Universities and other Agencies that could benefit from the 

operation requested in this application.

A quick internet search will show that many are currently operating similar UAS in exactly this fashion 

without, it is assumed, FAA authorization. The petitioner has refrained from engaging in commercial use 

of the UAS. The primary purpose of seeking this exemption is to obtain the capability to offer those 

services while remaining in compliance.

Adding to the level of safety and experience in these operations, the petitioner is a United States Air 

Force pilot currently flying Remotely Piloted Aircraft for the Air Force. Petitioner has over 4000 hours 

flying RPAs, 20 years of experience in both military and civilian aviation and extensive knowledge in the 

radio control model aircraft and UAS systems. Petitioner has also completed the latest Air Force RPA 

training regarding operations in the National Airspace and FAA restrictions. Petitioner currently holds both 

FAA class II and military flying medical certificates Petitioner holds the following FAA Licenses and 

Ratings:

Commercial Pilot License

Private Pilot License

Instrument - Airplane

Thank you in advance for your time and consideration.

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