Eric Hudson

8613 Vivid Violet Ave Las Vegas, NV 89143 Cell: 702

- 706

- 5841 Em ail: VegasRealtor@Eric

- Hudson.com U.S. Dept. of Transportation, Docket Operations We st Building Ground Floor, Room w12

- 140 1200 New Jersey Avenue , SE., Wa shington, 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 ca lled 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 Ex em ption 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 Refor m 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, vide ography , 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 awaren ess 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 FA Rs** 

The petitioner seeks exemption from the above me ntioned 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 pet itioner 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 a nd 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 discusse d 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 gran ted 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 d iscusses procedures regarding remaining battery power ma nagem ent. 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, de scribing the requirements for ma intenance, inspection, and record keeping, were sufficient to ensure that safety would not be adversely affected. **The UA S**  The petitioner plans on utilizing the DJI Phantom 3 Professional . This airframes is a "pro

- sumer" g rade sm all 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 (1280 g) designed primarily to carry aloft a high definition camera. It has an advertised maximum speed of less than 31 knots (16 m/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 augm ented with global positioning system (GPS/GLONASS) to maintain its geospatial orientation and position. It is controlled primarily through an FCC certified radio cont rol (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 a ngle. It has failsafe modes of operation for either loss of RC or GPS signal. Altitude can be limited by the onboard flight controller and ma ximum altitude can be preprogrammed by the PIC. Battery life limits flight times to approximately 25 minutes. The o nboard 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 anticipate d 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 terminatio n 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 mi nutes. **Risk Mitigation** The petitioner has reviewed FAA exemptions reference’s 1

- 3 Conditions an d Limitations section and believes that the procedures specified therein are reasonable and will be utilized in order to manage and mi tigate risk and ensure public safety. A preflight checklist has been developed and employed to ensure that the UA airworth iness 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 failure

prone 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 me chanism 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 accordanc e 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 greate r 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, carryi ng 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 enhanc ed 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 ma rk eting 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 effi ciency, 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 b e 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 collectingdata 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, vide ography , 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 maximiz e 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 dem and 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 applic ation. 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 seeki ng 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 Airc raft for the Air Force. Petitioner has over 4000 hours fly ing RPAs , 2 0 years of experience in both military and civilian aviation and extensive knowledge in the ra dio control model aircraft and UAS systems. Petitioner has also completed the latest Air Forc e 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

**At tachments:**  1) DJI Phantom 3 Professional User Manual v1.2 2) Phantom 3 Professional Quick Start Guide 3) Safety Guid e line s 4) Caution Sign 5) DJI Phantom 3 Specs