1

June 17, 2015

United States Department of Transportation

Federal Aviation Administration

8oo Independence Ave, SW

Washington, DC 20591

RE: Petition for Exemption from certain Title 14 CFRs in regards to Section 333 of the 

FAA Modernization & Reform Act of 2012 concerning Unmanned Aerial Systems 

(UAS)

Dear Sir or Madam

Hello. Per this letter of request, I seek exemption from several Title 14 CFRs that

relate to the commercial use of unmanned aerial systems (UAS). The following will be 

included in this request: Name & information of Petitioner; Executive Summary of 

Petitioner summarizing the rules Petitioner seeks exemption from and reasons the 

exemptions would serve the public good; Specific Title 14 CFRs to which an exemption 

is sought; the extent & reasons for the requested exemptions; reasons why safety would 

not be compromised.

PERSONAL INFORMATION

Name John Udasco (hereafter referred to as “Petitioner”)

Company J Udascorp Inc.

Address 91-1089 Kaihi St.

Ewa Beach, HI 96706

john@judascorp.com

BACKGROUND

The Petitioner is a certificated Private Pilot – Airplane Single Engine Land, is requesting 

an exemption from the Federal Aviation Regulations (“FARs”) listed below and pursuant 

to the FAA Modernization and Reform Act of 2012 and the procedures contained within 

14 C.F.R. 11. so the Petitioner may commercially operate a small ultra light unmanned 

aircraft system (“UAS”), specifically the DJI Phantom 3, quad-copter Unmanned 

Aircraft (UAS) or equivalent and ground station-based equipment and crew for the 

purpose to obtain photographs and video of commercial and residential properties and 

also cinematography.

The Petitioner has been a Private Pilot (Certificate Number 3661057) since September 7, 

2012 and has no incidents or accidents. The Petitioner stays up to date with aviation by 

going to local FAAST meetings and is a member of AOPA. The Petitioner would like to 

provide professional aerial photography, videography to homeowners, real estate agents 

and commercial businesses. As a Private Pilot, the Petitioner understands the seriousness, 

necessity and importance of pre-flight and in-flight safety measures to ensure public 

safety. 
2

PUBLIC GOOD

Aerial videography for geographical awareness and for real estate marketing and 

inspections has been around for a long time through manned fixed wing aircraft and 

helicopters. But for small business owners, its expense has been cost-prohibitive. 

Granting this exemption to the Petitioner would allow him to provide this service at a 

much lower cost. Further, the small UAS being utilized in this application will pose no 

threat to the public given its small size and lack of combustible fuel when compared to 

larger manned aircraft. The operation of this U AS will minimize ecological damage and 

promote economic growth by providing information to businesses and individuals in the 

Hawaiian Islands.

DESCRIPTION OF UAV TO BE DEPLOYED UNDER REQUESTED 

EXEMPTIONS

Petitioner currently owns a DJI Phantom 3 quad copter. The Phantom 3 is a quad copter 

that can take off and land vertically. It weighs approximately 3 lbs. and has a maximum 

airspeed of approximately 25 knots. This UAS uses lithium polymer batteries which have 

approximately 20-25 minutes of total charge time. This gives this UAS approximately 

12-15 minutes of flight time with sufficient remaining battery charge to land safely. The 

particular model of Phantom 3 being utilized under this request for exemption has First 

Person View (FPV) which allows the PIC to visually monitor certain telemetry data on a 

ground station monitor including altitude (AGL), GPS signal strength, battery charge 

information, etc. This FPV also gives the PIC video feed from the attached Go Pro 

camera showing what images are being captured. This is a significant safety feature as it 

shows the attitude of the UAS and its forward direction. However, this FPV feature will 

never be used as a tool deviate from VLOS operation by the PIC.

PREFLIGHT

The Petitioner will always follow procedures outlined in the UAS operator's manual as to

proper preflight inspection of all hardware, software, environment and any other factors

needed to ensure a safe flight.

FCC INFORMATION 

The UAS be deployed here is a DJI Phantom 3. The control link operates on the 2-4 GHz 

ISM radio frequency. Its published range is 1000 meters (3280 feet). The receiver 

sensitivity is -97dBm.

PIC QUALIFICATIONS 

The Petitioner holds a FAA Private Pilot's License (Certificate Number 3661057) and 3rd 

Class Medical. Petitioner has PIC time in Cessna 172 and Diamond DA40 aircraft. 

Petitioner has over 25 hours of UAS flight time as a hobbyist.

DESCRIPTION OF INTENDED COMMERCIAL OPERATIONS

Petitioner intends to solicit work for aerial real estate inspections from real estate agents

& brokers, insurance companies & related vendors, banks and private property owners

to provide photography and videography of residential, commercial and rural real
3

estate. This work will always be conducted with the permission of the property owner or

their respective agent. Flight operations will be restricted to flights directly over the

property that has granted permission. Given the type of work being targeted here, the

Petitioner does not foresee any instance where the UAS would be flown over any crowds

or assemblages of people in an open air environment. If in fact any job does entail flights

over crowds, Petitioner will elect not to make said flight. Safety will always be the

primary concern regarding any flight at any time.

Petitioner agrees to place a sign during any flight operation that says: CAUTION 

UNMANNED AERIAL VEHICLE IN OPERATION. STAY BACK 100 FEET FROM 

AIRCRAFT.

UAS OPERATING PARAMETERS

The UAS being deployed in these exemption request can fly at a speed of approximately

25 knots. However, given the intended use describe here, this speed will never be

necessary. Much slower speeds are preferred to collect the photographic material

needed.

Although the UAS being deployed has an approximate control link distance of 3/4 mile,

this is much more than VLOS will allow. Petitioner agrees never to fly UAS outside of

VLOS.

Petitioner will only fly UAS during the day in VMC conditions. Given the Petitioner

agrees to never fly higher than 300 feet AGL, distance from clouds should not be a factor

if flown in VMC conditions.

Petitioner agrees to use a Visual Observer (VO) during all operations. The VO will be

used to help assure VLOS at all times.

The UAS will not operate within 5 nautical miles of an airport reference point as

denoted on a current FAA published aeronautical chart.

The UAS being deployed with these exemption requests has the capability of using GPS

signals to return to its initial point of take off if connection with the radio control link is

lost.

The Petitioner agrees to yield right of way to all manned aviation activities at all times.

EXEMPTION REQUESTS

The following are a list of Title 14 CF As which the Petitioner seeks exemption. Please

note that the Petitioner has used Exemption No. 11138 to Douglas Trudeau (Regulatory

Docket No. FAA-2014-0481) as a reference. Given that the Petitioner and Mr. Trudeau

intend to use the exemptions in similar manners and both use similar equipment, it

seemed prudent not to burden the reviewer in this matter with exemption requests that

have been previously deemed that relieve was not necessary. These rules are Part 21,

45.23(b). 91.9(b)(2), 91.103(b), 91.109 and 91.203(a) & (b). If the reviewer believes that
4

these rules need to be addressed in this request, the Petitioner will make a supplemental

request including these additional rule exemptions.

RULE 91.7(a) CIVILAIRCRAFT AIRWORTHINESS

There is no current FAA regulatory standard for determining airworthiness of UAS and

there is no certificate currently available for UAS airworthiness. Petitioner seeks an

exemption from this rule by ensuring that the UAS is in an airworthy condition based on

compliance with the operating documents prior to every flight. Flight manuals and other 

important documents will be kept in a location readily accessible to the PIC at all times.

RULE 91.11q(c) MINIMUM SAFE ALTITUDES

91.119 prescribes safe altitudes for the operation of civil aircraft, but it allows helicopters

to be operated at lower altitudes in certain conditions. Petitioner seeks an exemption

from this rule as Petitioner will only operate the UAS in a range from ground level up to

but not exceeding 300 feet (AGL) and will only operate in safe areas away from the

public thus providing a level of safety not available to manned aircraft. The Petitioner

asserts that given the size, weight, maneuverability and speed of the UAS, an equivalent

or higher level of safety will be achieved that from conventional manned helicopters.

Petitioner will avoid actively populated areas. These areas will be interpreted to include

areas on a VFR chart depicted in yellow and will be supplemented with information

from a Flights Standard District Office (FSDO). Petitioner intends to operate the UAS

over real estate for inspection purposes. Petitioner will not operate over any assemblage

of people in an open air environment

Per the exemption granted in No. 11138 concerning 91.119(c), Petitioner agrees to act in

strict accordance to that exemption. However, Petitioner seeks an exemption from the

rule stipulating that a UAS cannot be operated within 500 feet of a structure without

permission of the owner. Given the intended use Petitioner will use these exemptions

for, which is for photography and videography of real estate for marketing & inspection

purposes, agreement from the engaging property owner or their agent is an absolute

necessity. The UAS will only be flown over properties with this permission. However,

given the housing density in the Honolulu, HI area, maintaining a 500 foot distance from

other structures even while strictly flying over a permission granting owner's property is

impossible in many instances. The Petitioner seeks an exemption to this rule which

would allow a 50' stand-off from other structures as long as the UAS is operated

completely over and within the property boundary lines of a permission granting

property owner. Petitioner agrees to always keep privacy rights of other property owners

in mind and will never engage a UAS in any type of surveillance or spying.

RULE 91.121 ALTIMETER SETTINGS

Petitioners' UAS has GPS derived altitude capabilities with a barometric sensor. The

Petitioner believes this rule in not applicable to the UAS operations intended.

RULE 91.151(a) FUEL REQUIREMENTS FOR FLIGHT IN VFR CONDITIONS
5

Petitioner seeks relief from this rule due to the UAS being deployed is battery operated

and the requirements under this rule are not applicable. The UAV in question has First

Person Vision capabilities which transmits certain telemetry to a monitor where the PIC

can monitor certain aspects of the flight including battery level. A typical battery for a 

Phantom 3 UAS will last approximately 20-25 minutes before total exhaustion. Certain

battery level warnings are set where the PIC will know when the battery state is at 30%

and 15% remaining charge levels. This will normally allow a flight of 12 - 15 minutes

with sufficient battery charge to make a safe landing. Petitioner will never begin a flight

unless a fully charged battery is used.

RULE 91.405(a) MAINTENANCE REQUIRED, 91.407(a) OPERATION

AFTER MAINTENANCE, PREVENTITIVE MAINTENANCE, REBUILDING

OR ALTERATION; 91.409(a)(2) INSPECTIONS; 91.417(a)(b)

MAINTENANCE RECORDS

Petitioner seeks relief from these rules due to it being an alternate inspection

requirement of 91.409(a)(2). The Petitioner will inspect and ensure UAS is in a

condition for safe flight and adhere to all operating documents.

SUPPLEMENTAL INFORMATION

The Petitioner has provided the following information to support these requests for rule

exemptions:

1) Phantom 3 User Manual (EN) v1.2

2) Phantom 3 Specifications

3) Phantom 2 Vision + Mission Checklists

CLOSING

The Petitioner believes that exemption from the above listed Title 14 CFRs is warranted

given Petitioner's background as a Private Pilot, the nature of the type of UAS flights

that will be undertaken, the size & weight of the UAS being deployed, the safety

precautions to the general public and the NAS the Petitioner intends to adhere to, the

positive environmental impact the flight operations would have compared to manned

fuel consuming missions and the economic benefit the Petitioner's business would have

in this new area of aviation.

Thank you for your review of this matter. Please feel free to contact me at any time with

any questions regarding this matter.

Sincerely,

John Udasco (Certificate Number 3661057)

J Udascorp Inc.